Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

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

Vol. 158 WASHINGTON, TUESDAY, JULY 17, 2012 No. 107 House of Representatives The House met at noon and was OFFICE OF THE CLERK, people’s House with such wisdom. As called to order by the Speaker pro tem- HOUSE OF REPRESENTATIVES, they resume the work of this assembly, pore (Mr. CULBERSON). Washington, DC, July 16, 2012. guide them to grow in understanding in Hon. JOHN A. BOEHNER, attaining solutions to our Nation’s f The Speaker, U.S. Capitol, House of Representatives, Washington, DC. needs that are imbued with truth and justice. DESIGNATION OF SPEAKER PRO DEAR MR. SPEAKER: Pursuant to the per- May all that is done here this day be TEMPORE mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- for Your greater honor and glory. The SPEAKER pro tempore laid be- tives, the Clerk received the following mes- Amen. sage from the Secretary of the Senate on fore the House the following commu- f nication from the Speaker: July 16, 2012 at 2:12 p.m.: That the Senate passed with an amend- WASHINGTON, DC, THE JOURNAL ment H.R. 2527. July 17, 2012. With best wishes, I am The SPEAKER pro tempore. The I hereby appoint the Honorable JOHN Sincerely, Chair has examined the Journal of the ABNEY CULBERSON to act as Speaker pro tem- KAREN L. HAAS. last day’s proceedings and announces pore on this day. to the House his approval thereof. JOHN A. BOEHNER, f Speaker of the House of Representatives. Pursuant to clause 1, rule I, the Jour- RECESS nal stands approved. f The SPEAKER pro tempore. Pursu- f ant to clause 12(a) of rule I, the Chair PLEDGE OF ALLEGIANCE MORNING-HOUR DEBATE declares the House in recess until 2 The SPEAKER pro tempore. Pursu- p.m. today. The SPEAKER pro tempore. Will the ant to the order of the House of Janu- Accordingly (at 12 o’clock and 1 gentleman from Texas (Mr. BURGESS) ary 17, 2012, the Chair would now recog- minute p.m.), the House stood in re- come forward and lead the House in the nize Members from lists submitted by cess. Pledge of Allegiance. Mr. BURGESS led the Pledge of Alle- the majority and minority leaders for f morning-hour debate. giance as follows: The Chair will alternate recognition b 1400 I pledge allegiance to the Flag of the between the parties, with each party AFTER RECESS United States of America, and to the Repub- limited to 1 hour and each Member lic for which it stands, one nation under God, other than the majority and minority The recess having expired, the House indivisible, with liberty and justice for all. leaders and the minority whip limited was called to order by the Speaker pro f tempore (Mr. WOMACK) at 2 p.m. to 5 minutes each, but in no event shall SEQUESTRATION DEVASTATES debate continue beyond 1:50 p.m. f DEFENSE f PRAYER (Mr. WILSON of South Carolina The Chaplain, the Reverend Patrick asked and was given permission to ad- MESSAGE FROM THE PRESIDENT J. Conroy, offered the following prayer: dress the House for 1 minute and to re- A message in writing from the Presi- Loving God, we give You thanks for vise and extend his remarks.) dent of the United States was commu- giving us another day. Mr. WILSON of South Carolina. Mr. nicated to the House by Mr. Brian Stir our spirits, O Lord, that we may Speaker, The Hill newspaper published Pate, one of his secretaries. praise You with full attention and be a special report a few weeks ago, bring- wholehearted in all the tasks You set ing more attention to the very real f before us this day. threat of defense sequestration. We can see Your deeds unfolding in Many people are under the false im- COMMUNICATION FROM THE our history and in every act of justice pression that defense spending rep- CLERK OF THE HOUSE and kindness. Bless those who have resents a significantly larger portion of The SPEAKER pro tempore laid be- blessed us, and be close to those most the Federal budget than it truly does. fore the House the following commu- in need of Your compassion and love. The current budget of the Department nication from the Clerk of the House of Fear of You, O Lord, is the beginning of Defense represents 15.1 percent of Representatives: of wisdom. Bless the Members of this the Federal budget. This chart shows

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.

H4871

VerDate Mar 15 2010 01:39 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.000 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4872 CONGRESSIONAL RECORD — HOUSE July 17, 2012 that defense spending has declined over they’ve taken no action. When the ban WHERE ARE THE JOBS? the last 20 years. on the available over-the-counter in- (Ms. FOXX asked and was given per- Sequestration represents a $1.2 tril- haler went into effect, most people ex- mission to address the House for 1 lion cut. Half of the $1.2 trillion comes pected the replacement would be avail- minute and to revise and extend her re- from the defense budget. I do not be- able with no disruption, but this has marks.) lieve that half of these cuts should not been the case. Because of the Ms. FOXX. As the Nation sits become from 15.1 percent of the budget. FDA’s intransigence, our patients have neath 41 straight months of unemploy- Additionally, sequestration will af- nowhere to go. ment above 8 percent, it remains pain- fect all areas of our national economy. I don’t know why the FDA has not fully clear that the President’s policies It is projected that sequestration could acted. I’ve asked them. They won’t tell have failed and have made our econ- cost 1 million American jobs and cause me. There is a simple solution: omy worse. ‘‘Painful’’ is, indeed, the the unemployment rate to rise by an The Environmental Protection Agen- operative word. entire percentage point. We should pass cy has within its authority the ability As we slog through the worst unem- the bill by Armed Services Committee to waive the ban on the over-the- ployment crisis since the Great Depres- Chairman BUCK MCKEON, which ad- counter inhaler, allowing existing sion, Americans continue to ask, dresses the issue without tax increases. stock to be sold. Yet, despite multiple ‘‘Where are the jobs?’’ In conclusion, God bless our troops, letters to the EPA and to President and we will never forget September the More than 23 million of our fellow Obama and despite questions during Americans are unemployed. Almost 11th in the global war on terrorism. committee hearings, they remain unre- Congratulations, Mary and Jerry 500,000 net jobs have evaporated since sponsive. Howard of Lexington, South Carolina, the President’s so-called ‘‘stimulus’’ Why has the EPA not approved the on your 50th anniversary. was enacted, and entrepreneurship— waiver? Again, you’ll have to ask that cornerstone of the American f them. They are not telling me. Dream—has reached a 17-year low. This ABORTION RIGHTS FOR THE The minuscule number of is President Obama’s record, and these WOMEN OF THE DISTRICT OF CO- chlorofluorocarbons that exists in the facts do not lie. LUMBIA over-the-counter inhaler will have neg- House Republicans have a plan for (Ms. NORTON asked and was given ligible affects on our ozone layer, espe- America’s job creators to help get our permission to address the House for 1 cially considering the limited supply Nation back to work. Dozens of bipar- minute and to revise and extend her re- left. tisan bills have passed the House and marks.) The EPA should be on the side of the are sitting on HARRY REID’s doorstep. Ms. NORTON. Mr. Speaker, my re- patients. Lisa Jackson and President It is time he and the Democratic-con- quest to testify was summarily refused Obama need to stop this senseless war trolled Senate put the American people on a bill to be marked up tomorrow to on asthmatics. before politics and pass these bills. deny only women in my district, the f f District of Columbia, the right to an IN REMEMBRANCE OF DR. ANNA abortion after 20 weeks of pregnancy as IN HONOR OF STAFF SERGEANT SCHWARTZ guaranteed by Roe v. Wade. So I testify RICARDO SEIJA, AN AMERICAN for 1 minute today. HERO (Mr. BRADY of Texas asked and was TRENT FRANKS, the chairman and given permission to address the House (Ms. CASTOR of Florida asked and sponsor of H.R. 3803 must have thought for 1 minute and to revise and extend was given permission to address the that one unfairness deserves another. his remarks.) House for 1 minute and to revise and The bill is of a piece with Republican Mr. BRADY of Texas. Last month, extend her remarks.) attacks all year—to deny contracep- the United States lost one of its most Ms. CASTOR of Florida. Mr. Speaker, tives in health insurance, and to preeminent economic minds. I rise today to honor an American hero defund Planned Parenthood. Anna J. Schwartz, perhaps the most The bill is unprincipled, or it would who is being laid to rest back home in pioneering economist in her genera- not apply only to the District of Co- Tampa, Florida, today. Staff Sergeant tion, passed away at the age of 96. Dr. lumbia. Its bogus science is matched by Ricardo Seija was killed on Sunday, Schwartz had a considerable impact on the absence of a need. Recent figures July 8, when his armored vehicle how academics and others think about show almost three-quarters of abor- struck an improvised explosive device. monetary policy. tions in the District occurred under 10 Staff Sergeant Seija was 31 years old. She was best known for coauthoring, weeks of pregnancy, only one past 21 Known as Ricky, Sergeant Seija was along with Milton Friedman, ‘‘A Mone- weeks. a graduate of Leto High School. He tary History of the United States.’’ The joined the Army in 2000 and was as- f book’s thesis attributed the worst signed to the 978th Military Police depth of the Great Depression to the LISA JACKSON AND PRESIDENT Company, 93rd Military Police Bat- Federal Reserve’s restricting the sup- OBAMA WAGE WAR ON talion, Fort Bliss, Texas. ply of money when it should have ex- ASTHMATICS His mother, Ignacia, said, ‘‘Since he panded it. Its conclusions revolution- (Mr. BURGESS asked and was given was a child, he wanted to defend his ized our understanding of that era. permission to address the House for 1 country. He very much loved liberty. ‘‘Anna did all of the work, and I got minute and to revise and extend his re- He wanted a free country without war, most of the recognition,’’ Friedman ob- marks.) without problems.’’ served, who received the Nobel Prize in Mr. BURGESS. Mr. Speaker, this ‘‘Ricky died like a hero, fighting for Economic Sciences in 1976. year, a common over-the-counter his country,’’ she said, ‘‘not just for his I ask the House to join me in paying emergency asthma inhaler was forced country but for all of us who live in tribute to this most inspiring woman off the pharmacy shelves due to an America. He loved this country very and in expressing both our gratitude international treaty agreement. Now, much.’’ and condolences to her family. patients who suffer from asthma and He is survived by his wife, Sunny; f who find themselves awake at 2 a.m. son, Ricardo; his mother and father, with unexpected attacks and who don’t Ignacia and Ricardo Seija of Tampa; THE CONTINUATION OF THE NA- have access to immediate inhalers, and two older brothers, Jose and TIONAL EMERGENCY WITH RE- well, they’ve got a problem. It used to Eduardo. SPECT TO THE FORMER LIBE- be a problem they could solve with a On behalf of the Tampa Bay commu- RIAN REGIME OF CHARLES TAY- quick trip down to the 24-hour phar- nity, I salute Staff Sergeant Seija for LOR—MESSAGE FROM THE macy. Now they have to go to the his service and for his ultimate sac- PRESIDENT OF THE UNITED emergency room. rifice to our great country, and I ask STATES (H. DOC. NO. 112–124) Although a replacement inhaler has that all Americans recognize this re- The SPEAKER pro tempore laid be- been before the FDA’s approval board, markable patriot. fore the House the following message

VerDate Mar 15 2010 01:39 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.005 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4873 from the President of the United HAQQANI NETWORK TERRORIST duct terrorist acts.’’ The designation continued, States; which was read and, together DESIGNATION ACT OF 2012 ‘‘Mali Khan has provided support and logistics to the Haqqani Network, and has been involved with the accompanying papers, referred Mr. GRIFFIN of Arkansas. Mr. to the Committee on Foreign Affairs in the planning and execution of attacks in Af- Speaker, I move to suspend the rules ghanistan against civilians, coalition forces, and ordered to be printed: and pass the bill (S. 1959) to require a and Afghan police’’. According to Jason To the Congress of the United States: report on the designation of the Blazakis, the chief of the Terrorist Designations Section 202(d) of the National Emer- Haqqani Network as a foreign terrorist Unit of the Department of State, Khan also has gencies Act (50 U.S.C. 1622(d)) provides organization and for other purposes, as links to al-Qaeda. for the automatic termination of a na- amended. (8) Five other top Haqqani Network leaders tional emergency unless, within 90 The Clerk read the title of the bill. have been placed on the list of specially des- days prior to the anniversary date of The text of the amendment is as fol- ignated global terrorists under Executive Order lows: 13224 since 2008, and three of them have been so its declaration, the President publishes placed in the last year. Sirajuddin Haqqani, the in the Federal Register and transmits to Amendment: Strike out all after the enacting clause and overall leader of the Haqqani Network as well as the Congress a notice stating that the insert: the leader of the Taliban’s Mira shah Regional emergency is to continue in effect be- SECTION 1. SHORT TITLE. Military Shura, was designated by the Secretary yond the anniversary date. In accord- This Act may be cited as the ‘‘Haqqani Net- of State as a terrorist in March 2008, and in ance with this provision, I have sent work Terrorist Designation Act of 2012’’. March 2009, the Secretary of State put out a the enclosed notice to the Federal Reg- SEC. 2. REPORT ON DESIGNATION OF THE bounty of $5,000,000 for information leading to ister for publication stating that the HAQQANI NETWORK AS A FOREIGN his capture. The other four individuals so des- national emergency and related meas- TERRORIST ORGANIZATION. ignated are Nasiruddin Haqqani, Khalil al (a) FINDINGS.—Congress makes the following Rahman Haqqani, Badruddin Haqqani, and ures dealing with the former Liberian findings: Mullah Sangeen Zadran. regime of Charles Taylor are to con- (1) A report of the Congressional Research (b) SENSE OF CONGRESS.—It is the sense of tinue in effect beyond July 22, 2012. Service on relations between the United States Congress that— Although Liberia has made advances and Pakistan states that ‘‘[t]he terrorist net- to promote democracy, and the Special work led by Jalaluddin Haqqani and his son (1) the Haqqani Network meets the criteria for designation as a foreign terrorist organization Court for Sierra Leone recently con- Sirajuddin, based in the FATA, is commonly identified as the most dangerous of Afghan in- as set forth in section 219 of the Immigration victed Charles Taylor for war crimes and Nationality Act (8 U.S.C. 1189); and and crimes against humanity, the ac- surgent groups battling U.S.-led forces in eastern Afghanistan’’. (2) the Secretary of State should so designate tions and policies of former Liberian (2) The report further states that, in mid-2011, the Haqqani Network as a foreign terrorist orga- President Charles Taylor and other the Haqqanis undertook several high-visibility nization under such section 219. persons, in particular their unlawful attacks in Afghanistan. First, a late June as- (c) REPORT.— depletion of Liberian resources and sault on the Intercontinental Hotel in Kabul by (1) REPORT REQUIRED.—Not later than 30 days 8 Haqqani gunmen and suicide bombers left 18 their removal from Liberia and secret- after the date of the enactment of this Act, the people dead. Then, on September 10, a truck ing of Liberian funds and property, Secretary of State shall submit to the appro- bomb attack on a United States military base by could still challenge Liberia’s efforts priate committees of Congress— Haqqani fighters in the Wardak province in- to strengthen its democracy and the jured 77 United States troops and killed 5 Af- (A) a detailed report on whether the Haqqani orderly development of its political, ghans. A September 13 attack on the United Network meets the criteria for designation as a administrative, and economic institu- States Embassy compound in Kabul involved an foreign terrorist organization as set forth in sections and resources. These actions and assault that sparked a 20-hour-long gun battle tion 219 of the Immigration and Nationality Act policies continue to pose an unusual and left 16 Afghans dead, 5 police officers and (8 U.S.C. 1189); and and extraordinary threat to the foreign at least 6 children among them. (B) if the Secretary determines that the policy of the United States. For this (3) The report further states that ‘‘U.S. and Haqqani Network does not meet the criteria set reason, I have determined that it is Afghan officials concluded the Embassy forth under such section 219, a detailed jus- attackers were members of the Haqqani net- necessary to continue the national tification as to which criteria have not been work’’. met. emergency with respect to the former (4) In September 22, 2011, testimony before the (2) FORM.—The report required by paragraph Liberian regime of Charles Taylor. Committee on Armed Services of the Senate, (1) shall be submitted in unclassified form, but Chairman of the Joint Chiefs of Staff Admiral BARACK OBAMA. may include a classified annex. THE WHITE HOUSE, July 17, 2012. Mullen stated that ‘‘[t]he Haqqani network, for one, acts as a veritable arm of Pakistan’s Inter- (3) APPROPRIATE COMMITTEES OF CONGRESS f Services Intelligence agency. With ISI support, DEFINED.—In this subsection, the term ‘‘appropriate committees of Congress’’ means— RECESS Haqqani operatives plan and conducted that [September 13] truck bomb attack, as well as the (A) the Committee on Armed Services, the The SPEAKER pro tempore. Pursu- assault on our embassy. We also have credible Committee on Foreign Relations, the Committee ant to clause 12(a) of rule I, the Chair evidence they were behind the June 28th attack on the Judiciary, and the Select Committee on declares the House in recess subject to on the Intercontinental Hotel in Kabul and a Intelligence of the Senate; and the call of the Chair. host of other smaller but effective operations’’. (B) the Committee on Armed Services, the Accordingly (at 2 o’clock and 12 min- (5) In October 27, 2011, testimony before the Committee on Foreign Affairs, the Committee on utes p.m.), the House stood in recess. Committee on Foreign Affairs of the House of the Judiciary, and the Permanent Select Com- Representatives, Secretary of State Hillary Clin- mittee on Intelligence of the House of Represent- f ton stated that ‘‘we are taking action to target atives. the Haqqani leadership on both sides of the bor- (d) CONSTRUCTION.—Nothing in this Act may b 1700 der. We’re increasing international efforts to be construed to infringe upon the sovereignty of squeeze them operationally and financially. We AFTER RECESS Pakistan to combat militant or terrorist groups are already working with the Pakistanis to tar- operating inside the boundaries of Pakistan. The recess having expired, the House get those who are behind a lot of the attacks was called to order by the Speaker pro against Afghans and Americans. And I made it The SPEAKER pro tempore. Pursu- tempore (Mr. WOMACK) at 5 p.m. very clear to the Pakistanis that the attack on ant to the rule, the gentleman from Ar- our embassy was an outrage and the attack on f kansas (Mr. GRIFFIN) and the gen- our forward operating base that injured 77 of tleman from Florida (Mr. DEUTCH) each our soldiers was a similar outrage.’’. ANNOUNCEMENT BY THE SPEAKER will control 20 minutes. PRO TEMPORE (6) At the same hearing, Secretary of State Clinton further stated that ‘‘I think everyone The Chair recognizes the gentleman The SPEAKER pro tempore. Pursu- agrees that the Haqqani Network has safe ha- from Arkansas. ant to clause 8 of rule XX, the Chair vens inside Pakistan; that those safe havens will postpone further proceedings give them a place to plan and direct operations GENERAL LEAVE today on motions to suspend the rules that kill Afghans and Americans.’’. Mr. GRIFFIN of Arkansas. Mr. on which a recorded vote or the yeas (7) On November 1, 2011, the United States Speaker, I ask unanimous consent that Government added Haji Mali Kahn to a list of and nays are ordered, or on which the specially designated global terrorists under Ex- all Members may have 5 legislative vote incurs objection under clause 6 of ecutive Order 13224. The Department of State days within which to revise and extend rule XX. described Khan as ‘‘a Haqqani Network com- their remarks and include extraneous Record votes on postponed questions mander’’ who has ‘‘overseen hundreds of fight- materials on S. 1959, as amended, cur- will be taken later. ers, and has instructed his subordinates to con- rently under consideration.

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.007 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4874 CONGRESSIONAL RECORD — HOUSE July 17, 2012 The SPEAKER pro tempore. Is there tainable peace in Afghanistan. How- to the Committee on the Judiciary on De- objection to the request of the gen- ever, the Haqqani Network has been cember 19, 2011. tleman from Arkansas? permitted to evade designation as a It is my understanding that the Committee There was no objection. foreign terrorist organization. Con- on Foreign Affairs would receive a sequen- Mr. GRIFFIN of Arkansas. Mr. tial referral on S. 1959 if it were to seek one. gress’ frustration with the Obama ad- I am, therefore, most appreciative of your Speaker, I yield myself such time as I ministration’s overdue review of the decision to forego consideration of the bill so my consume. Haqqani Network is clearly evidenced that it may move expeditiously to the House I thank my Senate colleague, Mr. by this legislation. floor. I acknowledge that although you are BURR of North Carolina, and chairman According to U.S. military com- waiving formal consideration of the bill, the of the House Intelligence Committee, manders, the Haqqani Network is high- Committee on Foreign Affairs is in no way Mr. ROGERS of Michigan, for their work ly resilient and is one of the biggest waiving its jurisdiction over the subject on this issue. threats to the U.S.-led NATO forces matter contained in the bill. In addition, if a conference is necessary on this legislation, I This bill directs the Secretary of and the Afghan Government in the cur- State to submit a report to Congress will support any request that your com- rent war in Afghanistan. This straight- mittee be represented therein. detailing whether the Haqqani Net- forward legislation simply directs the Finally, I shall be pleased to include your work meets the criteria for designation Secretary of State to analyze whether letter and this reply letter memorializing as a foreign terrorist organization ac- the Haqqani Network meets the stand- our mutual understanding in the Congres- cording to current Federal law. If the ards for designation as a foreign ter- sional Record during floor consideration of Secretary determines that the Haqqani rorist organization under Federal law S. 1959. Network does not meet the criteria, and report those findings back to Con- Sincerely, the Secretary shall provide a detailed LAMAR SMITH, gress. It also expresses the sense of Chairman. justification as to which criteria have Congress that the Haqqani Network not been met. The bill also provides a should be designated as a foreign ter- Mr. DEUTCH. Mr. Speaker, I rise in sense of Congress that the Secretary of rorist network. The bill does not, how- cautious support of S. 1959, the Haqqani State should designate the network as ever, require that the President des- Network Terrorist Designation Act. a foreign terrorist organization. ignate the Haqqani Network as a for- Despite its name, this bill does not The Haqqani Network is an insurgent eign terrorist organization. This is a require the U.S. Department of State group fighting against U.S.-led NATO carefully limited bill, and, as I noted to formally designate the Haqqani Net- forces and the Government of Afghani- earlier, similar legislation was passed work as a terrorist organization. Rath- stan. Maulvi Jalaluddin Haqqani and by the Senate without opposition. er, it imposes a one-time reporting re- his son lead the network, which is now I urge my colleagues to support this quirement on the State Department to based in Pakistan but operates on both bipartisan, bicameral legislation, and I explain whether the Haqqani Network sides of the Afghanistan-Pakistan bor- reserve the balance of my time. meets the statutory requirements for that designation. More importantly, der. HOUSE OF REPRESENTATIVES, the bill preserves the authority of the For about 2 years, the Pakistani Gov- COMMITTEE ON FOREIGN AFFAIRS, ernment has sought to facilitate a Washington, DC, July 16, 2012. State Department to make this deter- compromise between the Haqqani Net- Hon. LAMAR SMITH, mination without congressional inter- work and the Government of Afghani- Chairman, Committee on the Judiciary, ference. stan. However, the network has close Washington, DC. Let’s be clear: the Haqqani Network links with al Qaeda and is believed to DEAR MR. CHAIRMAN: I am writing con- is a dangerous organization and sworn provide al Qaeda operatives with safe cerning S. 1959, the ‘‘Haqqani Network Ter- enemy of the United States. From its rorist Designation Act of 2012,’’ which is base along the Afghanistan-Pakistan haven in Haqqani-controlled areas. The scheduled to be considered by the House this Pakistani Government is believed to be week. border, the network of insurgents led the only entity with the influence to As you know, pursuant to House Rule X, by Jalaluddin Haqqani and his family bring the Haqqani Network to the ne- the Committee on Foreign Affairs maintains has, for years, fought U.S. and allied gotiating table. jurisdiction over matters concerning foreign forces in eastern Afghanistan. The The Obama administration has been relations, the U.S. diplomatic service, and Haqqanis are responsible for several considering formally designating the the protection of Americans abroad. The Of- high-profile acts of terror—including Haqqani Network as a foreign terrorist fice of the Parliamentarian has indicated an attack on the United States Em- that S. 1959, which concerns the Secretary of bassy on September 13, 2011, that left 16 organization under U.S. law, but has State’s designation of the Pakistan-based yet to act. Seven Haqqani leaders have Haqqani Network as a Foreign Terrorist Or- Afghans dead. been under U.S. sanctions since 2008; ganization under U.S. law, implicates For- One tool—one tool out of many—for and in 2011, Secretary Clinton des- eign Affairs jurisdiction. fighting an organization like the ignated operational commander In order to expedite Floor consideration of Haqqani Network is to designate the Badruddin Haqqani under Executive this bill, the Foreign Affairs Committee will group a terrorist organization under Order 13224, thereby blocking move- forego consideration of this measure. This is section 219 of the Immigration and Na- ment of his assets, but not those of the being done with the understanding that it tionality Act. Once a group receives does not in any way prejudice the Committee that formal designation, the full umbrella Haqqani Network. with respect to the appointment of con- Since 2008, several attacks have been ferees, or its jurisdictional prerogatives on weight of the Federal Government is linked or attributed to the Haqqani this or similar legislation in the future. brought to bear, including criminal Network. In addition to kidnappings of I would appreciate your response to this penalties for the provision of material journalists and bombings of hotels and letter, confirming this understanding with support to the organization, restric- embassies, the Haqqani Network is respect to S. 1959, and ask that a copy of our tions on travel, and seizure of assets. blamed for the attacks on the U.S. Em- exchange of letters on this matter be in- Designating an organization a terrorist bassy and nearby NATO bases in Kabul cluded in the Congressional Record during organization is often an appropriate Floor consideration of the bill. tool when the circumstances are unam- in September 2011. U.S. Ambassador Sincerely, Ryan Crocker blamed the Haqqani Net- ILEANA ROS-LEHTINEN biguous. work for the 19-hour Kabul attack Chairman. But the circumstances in eastern Af- which killed four police officers, three ghanistan and northwest Pakistan are coalition soldiers, and four civilians. HOUSE OF REPRESENTATIVES, anything but unambiguous. The United Two dozen more soldiers and civilians COMMITTEE ON THE JUDICIARY, States is engaged in delicate negotia- were injured. Washington, DC, July 16, 2012. tions with the Government of Pakistan The Obama administration insists on Hon. ILEANA ROS-LEHTINEN, as it prepares to draw down troops and negotiating with the Haqqani Network Chairman, Committee on Foreign Affairs, end the war in Afghanistan. In just the Washington, DC. despite unsuccessful attempts in the DEAR CHAIRMAN ROS-LEHTINEN: Thank you last few weeks, our diplomatic corps past. Secretary Clinton has indicated for your letter of even date herewith regard- has achieved the monumental task of that these negotiations may be nec- ing S. 1959, the ‘‘Haqqani Network Terrorist reopening our lines of communication essary again in order to establish sus- Designation Act of 2012,’’ which was referred with the Pakistani Government. It

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.012 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4875 may be that, in this context, there is a Sec. 202. Actuarial valuations. Subtitle B—Miscellaneous Provisions diplomatic or strategic benefit to hold- Sec. 203. Special agents. Sec. 521. Treatment of militarily insignifi- ing back on the formal designation of Sec. 204. Diplomatic security program con- cant parts and components. tracting. Sec. 522. Special export licensing for United the Haqqani Network as a terrorist or- Sec. 205. Accountability review boards. ganization—perhaps just for the time States allies. Sec. 206. Physical security of certain soft Sec. 523. Improving and streamlining licens- being. targets. ing under United States Gov- The State Department has already Sec. 207. Rewards program update and tech- ernment arms export control designated several individuals in the nical corrections. programs. Haqqani Network as terrorists. If Sec. 208. Cybersecurity efforts of the Depart- Sec. 524. Authority to remove satellites and there’s a reason that Secretary of ment of State. related components from the Sec. 209. Center for Strategic Counterter- United States Munitions List. State Clinton has not yet formally des- rorism Communications of the Sec. 525. Report on licenses and other au- ignated the entire network, then we Department of State. thorizations to export commer- ought to defer to her judgment. Subtitle B—Consular Services and Related Still, a modest reporting requirement cial satellites and related com- Matters ponents and technology con- as to some of the legal reasoning be- Sec. 211. Extension of authority to assess tained on the Commerce Con- hind that decision is a fair request. passport surcharge. trol List. Even if the Haqqani Network meets the Sec. 212. Border crossing card fee for minors. Sec. 526. Review of United States Munitions statutory criteria for designation as a Subtitle C—Reporting Requirements List. foreign terrorist organization—even if Sec. 221. Reporting reform. Sec. 527. Report on country exemptions for licensing of exports of muni- that tool is available to us—Secretary TITLE III—ORGANIZATION AND tions and related technical Clinton will make that decision when PERSONNEL AUTHORITIES data. she determines that it is useful and ap- Sec. 301. Suspension of Foreign Service Sec. 528. End-use monitoring of munitions. propriate to do so. members without pay. Sec. 529. Definitions. I thank the Speaker, and I yield back Sec. 302. Repeal of recertification require- SEC. 3. APPROPRIATE CONGRESSIONAL COMMIT- the balance of my time. ment for Senior Foreign Serv- TEES DEFINED. Mr. GRIFFIN of Arkansas. I yield ice. Except as otherwise provided in this Act, back the balance of my time. Sec. 303. Limited appointments in the For- the term ‘‘appropriate congressional com- The SPEAKER pro tempore. The eign Service. mittees’’ means the Committee on Foreign Sec. 304. Limitation of compensatory time question is on the motion offered by Affairs of the House of Representatives and off for travel. the Committee on Foreign Relations of the the gentleman from Arkansas (Mr. Sec. 305. Department of State organization. Senate. GRIFFIN) that the House suspend the Sec. 306. Reemployment of annuitants in rules and pass the bill, S. 1959, as high-risk posts. TITLE I—AUTHORIZATION OF amended. Sec. 307. Overseas comparability pay limita- APPROPRIATIONS The question was taken; and (two- tion. SEC. 101. ADMINISTRATION OF FOREIGN AF- thirds being in the affirmative) the TITLE IV—UNITED STATES FAIRS. rules were suspended and the bill, as INTERNATIONAL BROADCASTING The following amounts are authorized to be appropriated for the Department of State amended, was passed. Sec. 401. Authorization of appropriations for international broadcasting. under ‘‘Administration of Foreign Affairs’’ A motion to reconsider was laid on to carry out the authorities, functions, du- the table. Sec. 402. Personal services contracting program. ties, and responsibilities in the conduct of f Sec. 403. Technical amendment relating to foreign affairs of the United States, and for other purposes authorized by law: b 1710 civil immunity for Broad- casting Board of Governors (1) DIPLOMATIC AND CONSULAR PROGRAMS.— FOREIGN RELATIONS AUTHORIZA- members. For ‘‘Diplomatic and Consular Programs’’, $8,983,778,000 for fiscal year 2013. TION ACT, FISCAL YEAR 2013 TITLE V—ARMS EXPORT CONTROL ACT (A) WORLDWIDE SECURITY PROTECTION.—Of AMENDMENTS AND RELATED PROVI- Ms. ROS-LEHTINEN. Mr. Speaker, I such amounts, not less than $1,591,201,000 is SIONS move to suspend the rules and pass the authorized to be appropriated for worldwide bill (H.R. 6018) to authorize appropria- Subtitle A—General Provisions security protection. tions for the Department of State for Sec. 501. Authority to transfer excess de- (B) BUREAU OF DEMOCRACY, HUMAN RIGHTS, fiscal year 2013, and for other purposes, fense articles. AND LABOR.—Of such amounts, not less than Sec. 502. Annual military assistance report. $24,147,000 for fiscal year 2013 is authorized to as amended. Sec. 503. Annual report on foreign military The Clerk read the title of the bill. be appropriated for the Bureau of Democ- training. racy, Human Rights and Labor. The text of the bill is as follows: Sec. 504. Increase in congressional notifica- (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap- H.R. 6018 tion thresholds. ital Investment Fund’’, $59,380,000 for fiscal Be it enacted by the Senate and House of Rep- Sec. 505. Return of defense articles. year 2013. Sec. 506. Annual estimate and justification resentatives of the United States of America in (3) EMBASSY SECURITY, CONSTRUCTION AND for sales program. Congress assembled, MAINTENANCE.—For ‘‘Embassy Security, Con- Sec. 507. Updating and conforming penalties SECTION 1. SHORT TITLE. struction and Maintenance’’, $1,570,000,000 for for violations of sections 38 and This Act may be cited as the ‘‘Foreign Re- fiscal year 2013. 39 of the Arms Export Control lations Authorization Act, Fiscal Year 2013’’. (4) EDUCATIONAL AND CULTURAL EXCHANGE SEC. 2. TABLE OF CONTENTS. Act. Sec. 508. Clarification of prohibitions relat- PROGRAMS.—For ‘‘Educational and Cultural The table of contents for this Act is as fol- Exchange Programs’’, $598,800,000 for fiscal lows: ing to state sponsors of terrorism and their nationals. year 2013. Sec. 1. Short title. Sec. 509. Exemption for transactions with (5) CONFLICT STABILIZATION OPERATIONS.— Sec. 2. Table of contents. countries supporting acts of (A) IN GENERAL.—For ‘‘Conflict Stabiliza- Sec. 3. Appropriate congressional commit- tion Operations’’, $8,500,000 for fiscal year tees defined. international terrorism. Sec. 510. Report on Foreign Military Financ- 2013. TITLE I—AUTHORIZATION OF ing program. (B) TRANSFER.—Subject to subparagraph APPROPRIATIONS Sec. 511. Congressional notification of regu- (C) of this paragraph, of the amount author- Sec. 101. Administration of foreign affairs. lations and amendments to reg- ized to be appropriated pursuant to para- Sec. 102. Contributions to International Or- ulations under section 38 of the graph (1), up to $35,000,000 is authorized to be ganizations. Arms Export Control Act. transferred to, and merged with, the amount Sec. 103. Contributions for International Sec. 512. Diplomatic efforts to strengthen specified in subparagraph (A) of this para- Peacekeeping Activities. national and international graph. Sec. 104. International Commissions. arms export controls. (C) NOTIFICATION.—If the Secretary of Sec. 105. Peace Corps. Sec. 513. Review and report of investigations State exercises the transfer authority de- Sec. 106. National Endowment for Democ- of violations of section 3 of the scribed in subparagraph (B), the Secretary racy. Arms Export Control Act. shall notify the Committee on Foreign Af- TITLE II—DEPARTMENT OF STATE Sec. 514. Reports on commercial and govern- fairs and the Committee on Appropriations AUTHORITIES AND ACTIVITIES mental military exports under of the House of Representatives and the Subtitle A—Basic Authorities and Activities the Arms Export Control Act; Committee on Foreign Relations and the Sec. 201. International Litigation Fund. congressional actions. Committee on Appropriations of the Senate.

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.013 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4876 CONGRESSIONAL RECORD — HOUSE July 17, 2012

(6) REPRESENTATION ALLOWANCES.—For (3) INTERNATIONAL JOINT COMMISSION.—For partment Basic Authorities Act of 1956 (as ‘‘Representation Allowances’’, $7,300,000 for ‘‘International Joint Commission’’, $7,012,000 amended by subsection (a) of this section) fiscal year 2013. for fiscal year 2013. shall be construed to limit the investigative (7) PROTECTION OF FOREIGN MISSIONS AND (4) INTERNATIONAL FISHERIES COMMIS- authority of any other Federal department OFFICIALS.—For ‘‘Protection of Foreign Mis- SIONS.—For ‘‘International Fisheries Com- or agency. sions and Officials’’, $27,000,000 for fiscal year missions’’, $36,300,000 for fiscal year 2013. SEC. 204. DIPLOMATIC SECURITY PROGRAM CON- 2013. (5) BORDER ENVIRONMENT COOPERATION COM- TRACTING. (8) EMERGENCIES IN THE DIPLOMATIC AND MISSION.—For ‘‘Border Environment Co- Section 136 of the Foreign Relations Au- CONSULAR SERVICE.—For ‘‘Emergencies in the operation Commission’’, $2,396,000 for fiscal thorization Act, Fiscal Years 1990 and 1991 Diplomatic and Consular Service’’, $9,300,000 year 2013. (22 U.S.C. 4864) is amended— for fiscal year 2013. SEC. 105. PEACE CORPS. (1) in subsection (c)— (9) REPATRIATION LOANS.—For ‘‘Repatri- There are authorized to be appropriated for (A) in the matter preceding paragraph (1), ation Loans’’, $1,447,000 for fiscal year 2013. the Peace Corps $375,000,000 for fiscal year by striking ‘‘With respect’’ and inserting (10) PAYMENT TO THE AMERICAN INSTITUTE IN 2013, of which not less than $5,150,000 is au- ‘‘Except as provided in subsection (d), with TAIWAN.— thorized to be appropriated for the Office of respect’’; and (A) IN GENERAL.—For ‘‘Payment to the the Inspector General of the Peace Corps. (B) in paragraph (3), by striking ‘‘sub- American Institute in Taiwan’’, $21,108,000 SEC. 106. NATIONAL ENDOWMENT FOR DEMOC- section (d)’’ and inserting ‘‘subsection (e)’’; for fiscal year 2013. RACY. (2) by redesignating subsections (d), (e), (f), (B) TRANSFER.—Subject to subparagraph There are authorized to be appropriated for and (g) as subsections (e), (f), (g), and (h), re- (C) of this paragraph, of the amount author- the ‘‘National Endowment for Democracy’’ spectively; ized to be appropriated pursuant to para- for authorized activities $122,764,000 for fiscal (3) by inserting after subsection (c) the fol- graph (1), up to $15,300,000 is authorized to be year 2013. lowing new subsection: transferred to, and merged with, the amount TITLE II—DEPARTMENT OF STATE ‘‘(d) AWARD OF LOCAL GUARD AND PROTEC- specified in subparagraph (A) of this para- AUTHORITIES AND ACTIVITIES TIVE SERVICE CONTRACTS IN HIGH RISK graph. AREAS.—With respect to local guard con- (C) NOTIFICATION.—If the Secretary of Subtitle A—Basic Authorities and Activities tracts for Foreign Service buildings located State exercises the transfer authority de- SEC. 201. INTERNATIONAL LITIGATION FUND. in high risk areas which exceed $250,000, the scribed in subparagraph (B), the Secretary Paragraph (3) of section 38(d) of the State Secretary of State shall— shall notify the Committee on Foreign Af- Department Basic Authorities Act of 1956 (22 ‘‘(1) comply with paragraphs (1), (2), (4), (5), fairs and the Committee on Appropriations U.S.C. 2710(d)) is amended by striking ‘‘by and (6) of subsection (c) in the award of such of the House of Representatives and the the Department of State from another agen- contracts; Committee on Foreign Relations and the cy of the United States Government or pur- ‘‘(2) in evaluating proposals for such con- Committee on Appropriations of the Senate. suant to’’ and inserting ‘‘by the Department tracts, award contracts to the firm rep- (11) OFFICE OF THE INSPECTOR GENERAL.— of State as a result of a decision of an inter- resenting the best value to the Government For ‘‘Office of the Inspector General’’, national tribunal, from another agency of in accordance with the best value tradeoff $129,086,000 for fiscal year 2013, including for the United States Government, or pursuant process described in subpart 15.1 of the Fed- the Special Inspector General for Iraq Recon- to’’. eral Acquisition Regulation (48 C.F.R. 15.101– struction and the Special Inspector General SEC. 202. ACTUARIAL VALUATIONS. 1); and for Afghanistan Reconstruction, notwith- The Foreign Service Act of 1980 is amend- ‘‘(3) ensure that in all contracts awarded standing section 209(a)(1) of the Foreign ed— under this subsection, contractor personnel Service Act of 1980 (22 U.S.C. 3929(a)(1)) as (1) in section 818 (22 U.S.C. 4058)— providing local guard or protective services such section relates to the inspection of the (A) in the first sentence, by striking ‘‘Sec- are classified as— administration of activities and operations retary of the Treasury’’ and inserting ‘‘Sec- ‘‘(A) employees of the offeror; of each Foreign Service post. retary of State’’; and ‘‘(B) if the offeror is a joint venture, as the SEC. 102. CONTRIBUTIONS TO INTERNATIONAL (B) by amending the second sentence to employees of one of the persons or parties ORGANIZATIONS. read as follows: ‘‘The Secretary of State is constituting the joint venture; or There are authorized to be appropriated for authorized to expend from money to the ‘‘(C) as employees of a subcontractor to the ‘‘Contributions to International Organiza- credit of the Fund such sums as may be nec- offeror, and not as independent contractors tions’’, $1,551,000,000 for fiscal year 2013, for essary to administer the provisions of this to the offeror or any other entity performing the Department of State to carry out the au- subchapter, including actuarial advice, but under such contracts.’’; and thorities, functions, duties, and responsibil- only to the extent and in such amounts as (4) in subsection (e), as redesignated by ities in the conduct of the foreign affairs of are provided in advance in appropriations paragraph (2) of this section— the United States with respect to inter- Acts.’’; (A) in paragraph (3), by striking ‘‘and’’ at national organizations and to carry out (2) in section 819 (22 U.S.C. 4059), in the the end; other authorities in law consistent with such first sentence, by striking ‘‘Secretary of the (B) in paragraph (4), by striking the period purposes. Treasury’’ the second place it appears and at the end and inserting ‘‘; and’’; and SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL inserting ‘‘Secretary of State’’; (C) by adding at the end the following new PEACEKEEPING ACTIVITIES. paragraph: There are authorized to be appropriated for (3) in section 825(b) (22 U.S.C. 4065(b)), by ‘‘(5) the term ‘high risk areas’ means— ‘‘Contributions for International Peace- striking ‘‘Secretary of the Treasury’’ and in- ‘‘(A) an area subject to a contingency oper- keeping Activities’’, $1,828,182,000 for fiscal serting ‘‘Secretary of State’’; and year 2013 for the Department of State to (4) section 859(c) (22 U.S.C. 4071h(c))— ation as defined in section 101(a)(13) of title carry out the authorities, functions, duties, (A) by striking ‘‘Secretary of the Treas- 10, United States Code; or and responsibilities of the United States ury’’ and inserting ‘‘Secretary of State’’; and ‘‘(B) an area determined by the Assistant with respect to international peacekeeping (B) by striking ‘‘and shall advise the Sec- Secretary of Diplomatic Security to present activities and to carry out other authorities retary of State of’’ and inserting ‘‘that will an increased threat of serious damage or in law consistent with such purposes. provide’’. harm to United States diplomatic facilities SEC. 104. INTERNATIONAL COMMISSIONS. SEC. 203. SPECIAL AGENTS. or personnel.’’. The following amounts are authorized to (a) IN GENERAL.—Paragraph (1) of section SEC. 205. ACCOUNTABILITY REVIEW BOARDS. be appropriated under ‘‘International Com- 37(a) of the State Department Basic Authori- Paragraph (3) of section 301(a) of the Omni- missions’’ for the Department of State to ties Act of 1956 (22 U.S.C. 2709(a)) is amended bus Diplomatic Security and Antiterrorism carry out the authorities, functions, duties, to read as follows: Act of 1986 (22 U.S.C. 4831(a)) is amended— and responsibilities in the conduct of the for- ‘‘(1) conduct investigations concerning— (1) by striking the heading and inserting eign affairs of the United States and for ‘‘(A) illegal passport or visa issuance or ‘‘FACILITIES IN HIGH-RISK AREAS’’; and other purposes authorized by law: use; (2) in subparagraph (A)— (1) INTERNATIONAL BOUNDARY AND WATER ‘‘(B) identity theft or document fraud af- (A) by amending clause (i) to read as fol- COMMISSION, UNITED STATES AND MEXICO.—For fecting or relating to the programs, func- lows: ‘‘International Boundary and Water Commis- tions, and authorities of the Department of ‘‘(i) involves serious injury, loss of life, or sion, United States and Mexico’’— State; and significant destruction of property at, or re- (A) for ‘‘Salaries and Expenses’’, $44,722,000 ‘‘(C) Federal offenses committed within lated to, a United States Government mis- for fiscal year 2013; and the special maritime and territorial jurisdic- sion in an area subject to a contingency op- (B) for ‘‘Construction’’, $31,453,000 for fiscal tion of the United States as defined in para- eration (as defined in section 101(a)(13) of year 2013. graph (9) of section 7 of title 18, United title 10, United States Code), or in an area (2) INTERNATIONAL BOUNDARY COMMISSION, States Code, except as that jurisdiction re- previously determined by the Assistant Sec- UNITED STATES AND CANADA.—For ‘‘Inter- lates to the premises of United States mili- retary of State for Diplomatic Security to national Boundary Commission, United tary missions and related residences;’’. present an increased threat of serious dam- States and Canada’’, $2,279,000 for fiscal year (b) RULE OF CONSTRUCTION.—Nothing in age or harm to United States diplomatic fa- 2013. paragraph (1) of section 37(a) the State De- cilities or personnel; and’’; and

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.011 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4877 (B) in clause (ii), by striking ‘‘2009’’ and in- crime group’ means a group of persons that ing to cyberspace and cybersecurity issues serting ‘‘2015’’. includes one or more citizens of a foreign overseas; SEC. 206. PHYSICAL SECURITY OF CERTAIN SOFT country, exists for a period of time, and acts (B) work with relevant Federal depart- TARGETS. in concert with the aim of engaging in ments and agencies, including the Depart- Section 29 of the State Department Basic transnational organized crime.’’. ment of Homeland Security, the Department Authorities Act of 1956 (22 U.S.C. 2701) is (b) ADVANCE NOTIFICATION FOR INTER- of Defense, the Department of the Treasury, amended, in the third sentence, by inserting NATIONAL CRIMINAL TRIBUNAL REWARDS.— the Department of Justice, the Department ‘‘physical security enhancements and’’ after Section 36(g) of the State Department Basic of Commerce, and the intelligence commu- ‘‘may include’’. Authorities Act of 1956 (22 U.S.C. 2708(g)) is nity, in the development of interagency SEC. 207. REWARDS PROGRAM UPDATE AND amended by adding at the end the following plans regarding international cyberspace and TECHNICAL CORRECTIONS. new paragraph: cybersecurity issues; (a) ENHANCED AUTHORITY.—Section 36 of ‘‘(3) ADVANCE NOTIFICATION FOR INTER- (C) conduct internal exercises for the De- the State Department Basic Authorities Act NATIONAL CRIMINAL TRIBUNAL REWARDS.—Not partment of State to plan for responses to a of 1956 (22 U.S.C. 2708) is amended— less than 15 days before publicly announcing cyber attack; (1) in subsection (a)(2), by inserting ‘‘seri- that a reward may be offered for the arrest (D) consult, where appropriate, with the ous violations of international humanitarian or conviction in any country, or the transfer private sector on international cyberspace law, transnational organized crime,’’ after to or conviction by an international criminal and cybersecurity issues; and ‘‘international narcotics trafficking,’’; tribunal (including a hybrid or mixed tri- (2) in subsection (b)— bunal), of a foreign national accused of war (E) build multilateral cooperation to de- (A) in the matter preceding paragraph (1), crimes, crimes against humanity, or geno- velop international norms, common policies, by striking ‘‘Attorney General’’ and insert- cide (as defined under the statute of such tri- and responses to secure the integrity of ing ‘‘heads of other relevant departments or bunal), the Secretary shall submit to the ap- cyberspace. agencies’’; propriate congressional committees a report, (4) RANK AND STATUS OF AMBASSADOR.—The (B) in paragraphs (4) and (5), by striking which may be submitted in classified form if Coordinator should have the rank and status ‘‘paragraph (1), (2), or (3)’’ each place it ap- necessary, specifying the reasons why such of Ambassador-at-Large. pears and inserting ‘‘paragraph (1), (2), (3), arrest or conviction or transfer of such for- (b) REPORT.—Not later than 180 days after (8), or (9)’’; eign national is in the national interests of (C) in paragraph (6)— the date of the enactment of this Act, the the United States.’’. Secretary of State shall submit to the Com- (i) by inserting ‘‘or transnational orga- (c) ENHANCING PUBLICITY OF REWARDS IN- mittee on Foreign Affairs of the House of nized crime group’’ after ‘‘terrorist organiza- FORMATION.—The Department of State and tion’’; and the Broadcasting Board of Governors shall Representatives and Committee on Foreign (ii) by striking ‘‘or’’ at the end; make themselves available to the appro- Relations of the Senate a report that in- (D) in paragraph (7)— priate congressional committees for periodic cludes the following: (i) in the matter preceding subparagraph briefings on their cooperative efforts to pub- (1) A description of the Department of (A), by striking ‘‘, including the use by the licize rewards authorized under section 36 of State’s internal cybersecurity efforts, in- organization of illicit narcotics production the State Department Basic Authorities Act cluding the following: or international narcotics trafficking’’ and of 1956 (22 U.S.C. 2708). (A) A description of the nature and scope inserting ‘‘or transnational organized crime (d) TECHNICAL CORRECTION.—Section of major incidents of cybercrime against the group, including the use by such organiza- 36(e)(1) of the State Department Basic Au- Department of State. tion or group of illicit narcotics production thorities Act of 1956 (22 U.S.C. 2708) is amend- (B) A description of action taken to ensure or international narcotics trafficking’’; ed by striking ‘‘The Secretary shall author- that all individuals trained by the Depart- (ii) in subparagraph (A), by inserting ‘‘or ize a reward of $50,000,000 for the capture or ment of State are adequately prepared to de- transnational organized crime’’ after ‘‘inter- death or information leading to the capture tect and respond to existing and foreseeable national terrorism’’; and or death of Osama bin Laden.’’. vulnerabilities in the Department’s informa- (iii) in subparagraph (B)— (e) RULE OF CONSTRUCTION.—Nothing in tion security. (I) by inserting ‘‘or transnational orga- this section shall be construed as author- (C) An assessment of whether the Depart- nized crime group’’ after ‘‘terrorist organiza- izing the use of activity precluded under the ment of State’s staffing levels, facilities, fi- tion’’; and American Servicemembers’ Protection Act nancial resources, and technological equip- (II) by striking the period at the end and of 2002 (Public Law 107–206). inserting a semicolon; and (f) FUNDING.—To carry out this section, the ment are sufficient to provide effective cy- (E) by adding at the end the following new Secretary of State shall use amounts appro- bersecurity training and protection against paragraphs: priated or otherwise made available to the incidents of cybercrime. ‘‘(8) the arrest or conviction in any coun- Emergencies in the Diplomatic and Consular (D) A description of action taken to de- try of any individual for participating in, Service account of the Department of State. velop and implement response plans to miti- primarily outside the United States, SEC. 208. CYBERSECURITY EFFORTS OF THE DE- gate and isolate disruption caused by inci- transnational organized crime; PARTMENT OF STATE. dents of cybercrime. ‘‘(9) the arrest or conviction in any coun- (a) COORDINATOR FOR CYBER ISSUES OF THE (E) A description of action taken to entry of any individual conspiring to partici- DEPARTMENT OF STATE.— hance cooperation on cybersecurity issues pate in or attempting to participate in (1) IN GENERAL.—The Secretary of State is with other Federal departments and agen- transnational organized crime; or authorized to establish within the office of cies. ‘‘(10) the arrest or conviction in any coun- the Secretary of State a Coordinator for (F) A description of any deployments of try, or the transfer to or conviction by an Cyber Issues (in this section referred to as interagency teams from the Department of international criminal tribunal (including a the ‘‘Coordinator’’), who shall be appointed State, the United States Agency for Inter- hybrid or mixed tribunal), of any foreign na- by the President, by and with the advice and national Development, and other Federal de- tional accused of war crimes, crimes against consent of the Senate. partments and agencies that have been de- humanity, or genocide, as defined under the (2) PRINCIPAL DUTIES.—The Coordinator ployed to foreign countries to respond to in- statute of such tribunal.’’; and should— cidents of cybercrime. (3) in subsection (k)— (A) be the principal official within the sen- (2) A description of the actions that the (A) by redesignating paragraphs (5) and (6) ior management of the Department respon- Department of State is taking to work with as paragraphs (7) and (8), respectively; and sible for cyberspace and cybersecurity issues; other countries and international organiza- (B) by inserting after paragraph (4) the fol- (B) be the principal advisor to the Sec- tions to strengthen cooperative efforts to— lowing new paragraphs: retary of State on international cyberspace (A) combat cybercrime and enhance infor- ‘‘(5) TRANSNATIONAL ORGANIZED CRIME.— and cybersecurity issues; mation security; The term ‘transnational organized crime’ (C) report directly to the Secretary; (B) pressure countries identified as coun- means— (D) perform such duties and exercise such tries of cybersecurity concern under sub- ‘‘(A) racketeering activity (as such term is powers as the Secretary shall prescribe; and section (c) to take effective action to end in- defined in section 1961 of title 18, United (E) coordinate United States cyberspace cidents of cybercrime; and States Code) that involves at least one juris- and cybersecurity foreign policy in each (C) assist cybersecurity capacity-building diction outside the United States; or country or region that the Secretary con- in less developed countries. ‘‘(B) any other criminal offense punishable siders significant with respect to efforts of by a term of imprisonment of at least four the United States Government to enhance (c) LIST OF COUNTRIES OF CYBERSECURITY years under Federal, State, or local law that cybersecurity globally. CONCERN.— involves at least one jurisdiction outside the (3) ADDITIONAL DUTIES.—In addition to the (1) IN GENERAL.—Not later than 90 days United States and that is intended to obtain, duties described in paragraph (2), the Coordi- after the date of the enactment of this Act, directly or indirectly, a financial or other nator should— the Secretary of State shall determine if a material benefit. (A) provide strategic direction and coordi- country is a country of cybersecurity con- ‘‘(6) TRANSNATIONAL ORGANIZED CRIME nation for Department of State policy and cern if the Secretary of State finds that with GROUP.—The term ‘transnational organized programs aimed at addressing and respond- respect to such a country—

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.011 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4878 CONGRESSIONAL RECORD — HOUSE July 17, 2012 (A) during the two-year period preceding (C) a description of programs, activities, (1) report to the Under Secretary for Pub- the date of the Secretary of State’s deter- and policies to foster United States Govern- lic Diplomacy and Public Affairs; and mination, there is significant credible evi- ment collaboration and coordination with (2) collaborate with the Bureau of Counter- dence that there has been a pattern of inci- other countries and organizations to bolster terrorism of the Department of State, other dents of cybercrime— an international framework of cyber norms, Department bureaus, and other United (i) against the United States Government governance, and deterrence, including con- States Government agencies. or United States persons, or that disrupt sideration of the utility of negotiating a (e) DUTIES.—The CSCC may— United States electronic commerce or other- multilateral framework to provide inter- (1) monitor and evaluate extremist nar- wise negatively impact the trade or intellec- nationally acceptable principles to better ratives and events abroad that are relevant tual property interests of the United States; mitigate cyberwarfare, including non- to the development of a United States stra- and combatants. tegic counterterrorism narrative designed to (ii) that are attributable to persons or (e) DEFINITIONS.—In this section: counter violent extremism and terrorism property based in such country; and (1) COMPUTER DATA.—The term ‘‘computer that threaten the interests and national se- (B) the government of such country has data’’ means any representation of facts, in- curity of the United States; demonstrated a pattern of being uncoopera- formation, or concepts in a form suitable for (2) develop and promulgate for use tive with efforts to combat cybercrime by— processing in a computer system, including a throughout the executive branch United (i) failing to conduct its own reasonable program suitable to cause a computer sys- States strategic counterterrorism narrative criminal investigations, prosecutions, or tem to perform a function. developed in accordance with paragraph (1), other proceedings with respect to the inci- (2) COMPUTER SYSTEMS.—The term ‘‘com- and public communications strategies to dents of cybercrime described in subpara- puter systems’’ means any device or group of counter the messaging of violent extremists graph (A); interconnected or related devices, one or and terrorist organizations, especially al- (ii) failing to cooperate with the United more of which, pursuant to a program, per- Qa’ida and its affiliates and adherents; States, any other party to the Convention on forms automatic processing of data. (3) identify current and emerging trends in Cybercrime, or INTERPOL, in criminal in- (3) CONVENTION ON CYBERCRIME.—The term extremist communications and communica- vestigations, prosecutions, or other pro- ‘‘Convention on Cybercrime’’ refers to the tions by al-Qa’ida and its affiliates and ad- ceedings with respect to such incidents, in Council of Europe Convention on herents in order to coordinate and provide accordance with chapter III of the Conven- Cybercrime, done at Budapest on November guidance to the United States Government tion on Cybercrime; or 23, 2001, as ratified by the United States Sen- regarding how best to proactively promote a ate with any relevant reservations or dec- United States strategic counterterrorism (iii) not adopting or implementing legisla- larations. narrative developed in accordance with para- tive or other measures in accordance with (4) CYBERCRIME.—The term ‘‘cybercrime’’ graph (1) and related policies, and to respond chapter II of the Convention on Cybercrime refers to criminal offenses relating to com- to and rebut extremist messaging and nar- with respect to criminal offenses related to puter systems or computer data described in ratives when communicating to audiences computer systems or computer data. the Convention on Cybercrime. outside the United States; (2) SUBMISSION OF LIST.— (5) ELECTRONIC COMMERCE.—The term (4) facilitate the use of a wide range of (A) IN GENERAL.—Upon making the deter- ‘‘electronic commerce’’ has the meaning communications technologies by sharing ex- minations under paragraph (1), the Secretary given such term in section 1105(3) of the pertise and best practices among United of State shall submit to Congress a list of— Internet Tax Freedom Act (47 U.S.C. 151 States Government and non-government (i) each country that is a country of cyber- note). sources; security concern; (6) INFORMATION SECURITY.—The term ‘‘in- (5) identify and request relevant informa- (ii) the basis for each such determination; formation security’’ refers to— tion from United States Government agen- and (A) the confidentiality, integrity, or avail- cies, including intelligence reporting, data, (iii) any actions the Department of State is ability of an information system, or the in- and analysis; and taking to address the concerns described in formation such system processes, stores, or (6) identify shortfalls in United States ca- such paragraph. transmits; and pabilities in any areas relevant to the (B) FORM.—The Secretary of State may (B) the security policies, security proce- CSCC’s mission, and recommend necessary submit the list described in this paragraph dures, or acceptable use policies with respect enhancements or changes. (or any portion of such list) in classified to an information system. (f) STEERING COMMITTEE.— form if the Secretary determines that such is (7) INTERPOL.—The term ‘‘INTERPOL’’ (1) IN GENERAL.—The Secretary of State appropriate. means the International Criminal Police Or- may establish a Steering Committee com- (d) STRATEGY FOR UNITED STATES ENGAGE- ganization. posed of senior representatives of United MENT ON INTERNATIONAL CYBER ISSUES.— (8) UNITED STATES PERSON.—The term States Government agencies relevant to the (1) IN GENERAL.—The Coordinator, in con- ‘‘United States person’’ means— CSCC’s mission to provide advice to the Sec- sultation with the heads of appropriate Fed- (A) a United States citizen or an alien law- retary on the operations and strategic ori- eral departments and agencies with relevant fully admitted for permanent residence to entation of the CSCC and to ensure adequate technical expertise or policy mandates per- the United States; or support for the CSCC. taining to cyberspace and cybersecurity (B) an entity organized under the laws of (2) MEETINGS.—The Steering Committee issues, shall, not later than 180 days after the the United States, or of any jurisdiction should meet not less often than once every date of the enactment of this Act, develop within the United States. six months. and submit to congressional committees SEC. 209. CENTER FOR STRATEGIC COUNTERTER- (3) LEADERSHIP.—The Steering Committee specified in subsection (b) a strategy to sup- RORISM COMMUNICATIONS OF THE should be chaired by the Under Secretary of port the objective of promoting United DEPARTMENT OF STATE. State for Public Diplomacy. The Coordinator States engagement on international cyber (a) STATEMENT OF POLICY.—As articulated for Counterterrorism of the Department of issues. in Executive Order 13584, issued on Sep- State should serve as Vice Chair. The Coordi- (2) CONTENTS.—The strategy developed tember 9, 2011, it is the policy of the United nator of the CSCC should serve as Executive under paragraph (1) shall— States to actively counter the actions and Secretary. (A) include— ideologies of al-Qa’ida, its affiliates and ad- (4) COMPOSITION.— (i) efforts to be undertaken; herents, other terrorist organizations, and (A) IN GENERAL.—The Steering Committee (ii) specific and measurable goals; violent extremists overseas that threaten may include one senior representative des- (iii) benchmarks and timeframes for the interests and national security of the ignated by the head of each of the following achieving the objectives referred to in sub- United States. agencies: section (d)(3)(B); and (b) ESTABLISHMENT OF CENTER FOR STRA- (i) The Department of Defense. TEGIC COUNTERTERRORISM COMMUNICATIONS.— (iv) progress made towards achieving the (ii) The Department of Justice. There is authorized to be established within benchmarks and timeframes described in (iii) The Department of Homeland Secu- the Department of State, under the direction clause (iii); and rity. of the Secretary of State, the Center for (B) to the greatest extent practicable, draw (iv) The Department of the Treasury. Strategic Counterterrorism Communications upon the expertise of technology, security, (in this section referred to as the ‘‘CSCC’’). (v) The National Counterterrorism Center and policy experts, private sector actors, (c) MISSION.—The CSCC may coordinate, of the Office of the Director of National In- international organizations, and other ap- orient, and inform government-wide public telligence. propriate entities. communications activities directed at audi- (vi) The Joint Chiefs of Staff. (3) COMPONENTS.—The strategy developed ences abroad and targeted against violent ex- (vii) The Counterterrorism Center of the under paragraph (1) should include— tremists and terrorist organizations, espe- Central Intelligence Agency. (A) assessments and reviews of existing cially al-Qa’ida and its affiliates and adher- (viii) The Broadcasting Board of Gov- strategies for international cyberspace and ents. ernors. cybersecurity policy and engagement; (d) COORDINATOR OF THE CENTER FOR STRA- (ix) The Agency for International Develop- (B) short- and long-term objectives for TEGIC COUNTERTERRORISM COMMUNICATIONS.— ment. United States cyberspace and cybersecurity The head of the CSCC should be the Coordi- (B) ADDITIONAL REPRESENTATION.—Rep- engagement; and nator. The Coordinator of the CSCC should— resentatives from United States Government

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agencies not specified in subparagraph (A) (b) CONFORMING AND CLERICAL AMEND- 4064(g)(2)(A)) is amended by striking ‘‘2010’’ may be invited to participate in the Steering MENTS.— and inserting ‘‘2013’’. Committee at the discretion of the Chair. (1) AMENDMENT OF SECTION HEADING.—Sec- SEC. 307. OVERSEAS COMPARABILITY PAY LIMI- Subtitle B—Consular Services and Related tion 610 of the Foreign Service Act of 1980, as TATION. Matters amended by subsection (a) of this section, is (a) IN GENERAL.—Subject to the limitation further amended, in the section heading, by SEC. 211. EXTENSION OF AUTHORITY TO ASSESS described in subsection (b), the authority inserting ‘‘; SUSPENSION’’ before the period at PASSPORT SURCHARGE. provided by section 1113 of the Supplemental the end. Paragraph (2) of section 1(b) of the Act of Appropriations Act, 2009 (Public Law 111-32; (2) CLERICAL AMENDMENT.—The item relat- June 4, 1920 (41 Stat. 750; chapter 223; 22 123 Stat. 1904), shall remain in effect through ing to section 610 in the table of contents in U.S.C. 214(b)), is amended by striking ‘‘2010’’ September 30, 2013. section 2 of the Foreign Service Act of 1980 is and inserting ‘‘2015’’. (b) LIMITATION.—The authority described amended to read as follows: in subsection (a) may not be used to pay an SEC. 212. BORDER CROSSING CARD FEE FOR MI- NORS. ‘‘Sec. 610. Separation for cause; suspen- eligible member of the Foreign Service (as Section 410(a)(1)(A) of the Department of sion.’’. defined in section 1113(b) of the Supple- State and Related Agencies Appropriations SEC. 302. REPEAL OF RECERTIFICATION RE- mental Appropriations Act, 2009) a locality- QUIREMENT FOR SENIOR FOREIGN based comparability payment (stated as a Act, 1999 (contained in division A of Public SERVICE. Law 105–277) is amended by striking ‘‘a fee of percentage) that exceeds two-thirds of the Section 305(d) of the Foreign Service Act of amount of the locality-based comparability $13’’ and inserting ‘‘a fee equal to one-half 1980 (22 U.S.C. 3945(d)) is repealed. the fee that would otherwise apply for proc- payment (stated as a percentage) that would SEC. 303. LIMITED APPOINTMENTS IN THE FOR- be payable to such member under section essing a machine readable combined border EIGN SERVICE. crossing identification card and non- 5304 of title 5, United States Code, if such Section 309 of the Foreign Service Act of member’s official duty station were in the immigrant visa’’. 1980 (22 U.S.C. 3949) is amended— District of Columbia. Subtitle C—Reporting Requirements (1) in subsection (a), by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (b) or TITLE IV—UNITED STATES SEC. 221. REPORTING REFORM. INTERNATIONAL BROADCASTING The following provisions of law are re- (c)’’; pealed: (2) in subsection (b)— SEC. 401. AUTHORIZATION OF APPROPRIATIONS (1) Subsections (c)(4) and (c)(5) of section (A) in paragraph (3)— FOR INTERNATIONAL BROAD- CASTING. 601 of Public Law 96–465. (i) by inserting ‘‘(A),’’ after ‘‘if’’; and The following amounts are authorized to (2) Section 585 in the matter under section (ii) by inserting before the semicolon at be appropriated to carry out United States 101(c) of division A of Public Law 104–208. the end the following: ‘‘, or (B), the career international broadcasting activities under (3) Section 11(b) of Public Law 107–245. candidate is serving in the uniformed services, as defined by the Uniformed Services the United States Information and Edu- TITLE III—ORGANIZATION AND Employment and Reemployment Rights Act cational Exchange Act of 1948, the Radio PERSONNEL AUTHORITIES of 1994 (38 U.S.C. 4301 et seq.), and the limited Broadcasting to Cuba Act, the Television SEC. 301. SUSPENSION OF FOREIGN SERVICE appointment expires in the course of such Broadcasting to Cuba Act, the United States MEMBERS WITHOUT PAY. service’’; International Broadcasting Act of 1994, and (a) SUSPENSION.—Section 610 of the Foreign (B) in paragraph (4), by striking ‘‘and’’ at the Foreign Affairs Reform and Restruc- Service Act of 1980 (22 U.S.C. 4010) is amend- the end; turing Act of 1998, and to carry out other au- ed by adding at the end the following new (C) in paragraph (5), by striking the period thorities in law consistent with such pur- subsection: at the end and inserting ‘‘; and’’; and poses: ‘‘(c)(1) In order to promote the efficiency of (D) by adding after paragraph (5) the fol- (1) For ‘‘International Broadcasting Oper- the Service, the Secretary may suspend a lowing new paragraph: ations’’, $744,500,000 for fiscal year 2013. member of the Foreign Service without pay ‘‘(6) in exceptional circumstances where (2) For ‘‘Broadcasting Capital Improve- when the member’s security clearance is sus- the Secretary determines the needs of the ments’’, $7,030,000 for fiscal year 2013. pended or when there is reasonable cause to Service require the extension of a limited ap- SEC. 402. PERSONAL SERVICES CONTRACTING believe that the member has committed a pointment (A), for a period of time not to ex- PROGRAM. crime for which a sentence of imprisonment ceed 12 months (if such period of time does Section 504(c) of the Foreign Relations Au- may be imposed. not permit additional review by boards under thorization Act, Fiscal Year 2003, (Public ‘‘(2) Any member of the Foreign Service for section 306), or (B), for the minimum time Law 107–228; 22 U.S.C. 6206 note), is amended whom a suspension is proposed in accordance needed to settle a grievance, claim, or com- by striking ‘‘2009’’ and inserting ‘‘2015’’. plaint not otherwise provided for in this sec- with paragraph (1) shall be entitled to— SEC. 403. TECHNICAL AMENDMENT RELATING TO ‘‘(A) written notice stating the specific tion.’’; and CIVIL IMMUNITY FOR BROAD- reasons for the proposed suspension; (3) by adding at the end the following new CASTING BOARD OF GOVERNORS ‘‘(B) a reasonable time to respond orally subsection: MEMBERS. and in writing to the proposed suspension; ‘‘(c) Non-career Foreign Service employees Section 304(g) of the United States Inter- ‘‘(C) representation by an attorney or who have served five consecutive years under national Broadcasting Act of 1994 (22 U.S.C. other representative; and a limited appointment may be reappointed 6203(g)) is amended by striking ‘‘Incor- ‘‘(D) a final written decision, including the to a subsequent limited appointment if there porated and Radio Free Asia’’ and inserting specific reasons for such decision, as soon as is a one year break in service between each ‘‘Incorporated, Radio Free Asia, and Middle practicable. such appointment. The Secretary may in East Broadcasting Networks’’. ‘‘(3) Any member suspended under this sec- cases of special need waive the requirement for a one year break in service.’’. TITLE V—ARMS EXPORT CONTROL ACT tion may file a grievance in accordance with AMENDMENTS AND RELATED PROVISIONS the procedures applicable to grievances SEC. 304. LIMITATION OF COMPENSATORY TIME under chapter 11. OFF FOR TRAVEL. Subtitle A—General Provisions ‘‘(4) In the case of a grievance filed under Section 5550b of title 5, United States Code, SEC. 501. AUTHORITY TO TRANSFER EXCESS DE- paragraph (3)— is amended by adding at the end the fol- FENSE ARTICLES. ‘‘(A) the review by the Foreign Service lowing new subsection: Section 516(g)(1) of the Foreign Assistance ‘‘(c) The maximum amount of compen- Grievance Board shall be limited to a deter- Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended— satory time off earned under this section mination of whether the provisions of para- (1) by inserting ‘‘authorized to be’’ before may not exceed 104 hours during any leave ‘‘transferred’’; and graphs (1) and (2) have been fulfilled; and year (as defined by regulations established (2) by striking ‘‘425,000,000’’ and inserting ‘‘(B) the Foreign Service Grievance Board by the Office of Personnel Management).’’. may not exercise the authority provided ‘‘450,000,000’’. SEC. 305. DEPARTMENT OF STATE ORGANIZA- under section 1106(8). TION. SEC. 502. ANNUAL MILITARY ASSISTANCE RE- ‘‘(5) In this subsection: The Secretary of State may, after con- PORT. ‘‘(A) The term ‘reasonable time’ means— sultation with the appropriate congressional (a) INFORMATION RELATING TO MILITARY AS- ‘‘(i) with respect to a member of the For- committees, transfer to such other officials SISTANCE AND MILITARY EXPORTS.—Section eign Service assigned to duty in the United or offices of the Department of State as the 655(b) of the Foreign Assistance Act of 1961 States, 15 days after receiving notice of the Secretary may determine from time to time (22 U.S.C. 2415(b)) is amended— proposed suspension; and any authority, duty, or function assigned by (1) in the matter preceding paragraph (1), ‘‘(ii) with respect to a member of the For- statute to the Coordinator for Counterter- by striking ‘‘, by category, whether such de- eign Service assigned to duty outside the rorism, the Coordinator for Reconstruction fense articles—’’ and inserting ‘‘the fol- United States, 30 days after receiving notice and Stabilization, or the Coordinator for lowing:’’; of the proposed suspension. International Energy Affairs. (2) in paragraph (1)— ‘‘(B) The term ‘suspend’ or ‘suspension’ SEC. 306. REEMPLOYMENT OF ANNUITANTS IN (A) by inserting ‘‘Whether such defense ar- means the placing of a member of the For- HIGH-RISK POSTS. ticles’’ before ‘‘were’’; and eign Service in a temporary status without Paragraph (2)(A) of section 824(g) of the (B) by striking the semicolon at the end duties and pay.’’. Foreign Service Act of 1980 (22 U.S.C. and inserting a period;

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.011 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4880 CONGRESSIONAL RECORD — HOUSE July 17, 2012 (3) in paragraph (2)— (ii) by inserting ‘‘of any defense articles or ferred to in subsection (j)(1)(c)(i) or an imple- (A) by inserting ‘‘Whether such defense ar- services under this Act for $100,000,000 or menting arrangement pursuant to such a ticles’’ before ‘‘were’’; and more, any design and construction services treaty, or who, in a registration or license (B) by striking ‘‘; or’’ at the end and insert- for $200,000,000 or more, or any major defense application or required report, makes any ing a period; and equipment for $50,000,000 or more,’’ after ‘‘or untrue statement of a material fact or omits (4) by striking paragraph (3) and inserting with respect to a proposed sale’’. to state a material fact required to be stated the following: (2) TECHNICAL AND CONFORMING AMEND- therein or necessary to make the statements ‘‘(3) Whether such defense articles were ex- MENTS.—Section 36(b) of the Arms Export therein not misleading. ported without a license under section 38 of Control Act (22 U.S.C. 2776(b)) is amended— ‘‘(2) CRIMINAL PENALTIES.—A person who the Arms Export Control Act pursuant to an (A) in paragraph (5)(C), by striking ‘‘Sub- willfully commits an unlawful act described exemption established under the Inter- ject to paragraph (6), if’’ and inserting ‘‘If’’; in paragraph (1) shall upon conviction— national Traffic in Arms Regulations, other and ‘‘(A) be fined for each violation in an than defense articles exported in furtherance (B) by striking paragraph (6). amount not to exceed $1,000,000, or of a letter of offer and acceptance under the (b) COMMERCIAL SALES.—Section 36(c) of ‘‘(B) in the case of a natural person, im- Foreign Military Sales program or a tech- the Arms Export Control Act (22 U.S.C. prisoned for not more than 20 years or nical assistance or manufacturing license 2776(c)) is amended— both.’’. agreement, including the specific exemption (1) in paragraph (1)— (b) MECHANISMS TO IDENTIFY VIOLATORS.— in the regulation under which the export was (A) by striking ‘‘Subject to paragraph (5), Section 38(g) of the Arms Export Control Act made. in’’ and inserting ‘‘In’’; ‘‘(4) A detailed listing, by United States (B) by striking ‘‘$14,000,000’’ and inserting (22 U.S.C. 2778(g)) is amended— Munitions List sub-category and type, as ‘‘$25,000,000’’; and (1) in paragraph (1)— well as by country and by international or- (C) by striking ‘‘$50,000,000’’ and inserting (A) in subparagraph (A)— ganization, of the actual total dollar value of ‘‘$100,000,000’’; (i) in the matter preceding clause (i), by in- major defense equipment and defense arti- (2) in paragraph (2)— serting ‘‘or have otherwise been charged cles delivered pursuant to licenses author- (A) in subparagraph (A), by inserting after with,’’ after ‘‘indictment for,’’; ized under section 38 of the Arms Export ‘‘for an export’’ the following: ‘‘of any major (ii) in clause (xi), by striking ‘‘; or’’ at the Control Act for the previous fiscal year. defense equipment sold under a contract in end and inserting a comma; ‘‘(5) In the case of defense articles that are the amount of $75,000,000 or more or of de- (iii) in clause (xii), by striking the semi- firearms controlled under category I of the fense articles or defense services sold under colon at the end and inserting a comma; and United States Munitions List, a statement of a contract in the amount of $200,000,000 or (iv) by adding at the end the following: the aggregate dollar value and quantity of more, (or, in the case of a defense article ‘‘(xiii) section 542 of title 18, United States semiautomatic assault weapons, or spare that is a firearm controlled under category I Code, relating to entry of goods by means of parts for such weapons, the manufacture, of the United States Munitions List, false statements, transfer, or possession of which is unlawful $1,000,000 or more)’’; and ‘‘(xiv) section 554 of title 18, United States under section 922 of title 18, United States (B) in subparagraph (C), by inserting after Code, relating to smuggling goods from the Code, that were licensed for export during ‘‘license’’ the following: ‘‘for an export of United States, the period covered by the report.’’. any major defense equipment sold under a ‘‘(xv) section 1831 of title 18, United States (b) INFORMATION NOT REQUIRED.—Section contract in the amount of $50,000,000 or more Code, relating to economic espionage, 655 of the Foreign Assistance Act of 1961 (22 or of defense articles or defense services sold ‘‘(xvi) section 545 of title 18, United States U.S.C. 2415) is amended— under a contract in the amount of $100,000,000 Code, relating to smuggling goods into the (1) by redesignating subsection (c) as sub- or more, (or, in the case of a defense article United States, section (d); and that is a firearm controlled under category I ‘‘(xvii) section 104A of the Foreign Corrupt (2) by inserting after subsection (b) the fol- of the United States Munitions List, Practices Act of 1977 (15 U.S.C. 78dd–3), relat- lowing: $1,000,000 or more)’’; ing to prohibited foreign trade practices by ‘‘(c) INFORMATION NOT REQUIRED.—Each (3) by striking paragraph (5); and persons other than issuers or domestic con- such report may exclude information relat- (4) by redesignating paragraph (6) as para- cerns, ing to— graph (5). ‘‘(xviii) section 2339B of title 18, United ‘‘(1) exports of defense articles (including States Code, relating to providing material excess defense articles), defense services, and SEC. 505. RETURN OF DEFENSE ARTICLES. support or resources to dedicated foreign ter- international military education and train- Section 21(m)(1)(B) of the Arms Export rorist organizations, or ing activities authorized by the United Control Act (22 U.S.C. 2761(m)(1)(B)) is ‘‘(xix) sections 2339C and 2339D of title 18, States on a temporary basis; amended by adding at the end before the United States Code, relating to financing ‘‘(2) exports of such articles, services, and semicolon the following: ‘‘, unless the Sec- terrorism and receiving terrorism training;’’; activities to United States Government end retary of State has provided prior approval and users located in foreign countries; and of such retransfer’’. (B) in subparagraph (B), by inserting ‘‘, ‘‘(3) and the value of manufacturing license SEC. 506. ANNUAL ESTIMATE AND JUSTIFICATION have been otherwise charged,’’ after ‘‘indict- agreements or technical assistance agree- FOR SALES PROGRAM. ment’’; and ments licensed under section 38 of the Arms (a) IN GENERAL.—Section 25(a)(1) of the (2) in paragraph (3)(A), by inserting ‘‘or Export Control Act.’’. Arms Export Control Act (22 U.S.C. otherwise charged with’’ after ‘‘indictment SEC. 503. ANNUAL REPORT ON FOREIGN MILI- 2765(a)(1)) is amended by striking ‘‘, together for’’. TARY TRAINING. with an indication of which sales and li- Section 656(a)(1) of the Foreign Assistance censed commercial exports’’ and inserting (c) EFFECTIVE DATE.—The amendment Act of 1961 (22 U.S.C. 2416(a)(1)) is amended ‘‘and’’. made by subsection (a) shall take effect on by striking ‘‘January 31’’ and inserting (b) ADDITIONAL AMENDMENT.—Section the date of the enactment of this Act and ‘‘March 1’’. 25(a)(3) of the Arms Export Control Act (22 shall apply with respect to violations of sec- SEC. 504. INCREASE IN CONGRESSIONAL NOTIFI- U.S.C. 2765(a)(3)) is amended by adding at the tions 38 and 39 of the Arms Export Control CATION THRESHOLDS. end before the semicolon the following: ‘‘, as Act committed on or after that date. (a) FOREIGN MILITARY SALES.— well as any plan for regional security co- (1) IN GENERAL.—Section 36(b)(1) of the operation developed in consultation with SEC. 508. CLARIFICATION OF PROHIBITIONS RE- Arms Export Control Act (22 U.S.C. LATING TO STATE SPONSORS OF Embassy Country Teams and the Depart- TERRORISM AND THEIR NATIONALS. 2776(b)(1)) is amended— ment of State’’. (A) in the matter preceding subparagraph SEC. 507. UPDATING AND CONFORMING PEN- Section 40(d) of the Arms Export Control (A)— ALTIES FOR VIOLATIONS OF SEC- Act (22 U.S.C. 2780(d)) is amended— (i) by striking ‘‘$50,000,000’’ and inserting TIONS 38 AND 39 OF THE ARMS EX- (1) by inserting ‘‘or to the nationals of that ‘‘$100,000,000’’; PORT CONTROL ACT. country whose substantive contacts with (ii) by striking ‘‘$200,000,000’’ and inserting (a) IN GENERAL.—Section 38(c) of the Arms that country give reasonable grounds for ‘‘$300,000,000’’; and Export Control Act (22 U.S.C. 2778(c)) is raising risk of diversion, regardless of wheth- (iii) by striking ‘‘$14,000,000’’ and inserting amended to read as follows: er such persons maintain such nationality or ‘‘$25,000,000’’; and ‘‘(c) VIOLATIONS OF THIS SECTION AND SEC- the nationality of another country not cov- (B) in the matter following subparagraph TION 39.— ered by this section’’ after ‘‘with respect to (P)— ‘‘(1) UNLAWFUL ACTS.—It shall be unlawful a country’’; and (i) by inserting ‘‘of any defense articles or for any person to violate, attempt to violate, (2) by adding at the end the following: ‘‘For defense services under this Act for conspire to violate, or cause a violation of purposes of this subsection, the term ‘na- $200,000,000 or more, any design and construc- any provision of this section or section 39, or tional’ means an individual who acquired tion services for $300,000,000 or more, or any any rule or regulation issued under either citizenship by birth from a country that is major defense equipment for $75,000,000 or section, or a treaty referred to in subsection subject to section 126.1 of title 22, Code of more,’’ after ‘‘The letter of offer shall not be (j)(1)(c)(i), including any rule or regulation Federal Regulations (or any successor regu- issued, with respect to a proposed sale’’; and issued to implement or enforce a treaty relations).’’.

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.011 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4881 SEC. 509. EXEMPTION FOR TRANSACTIONS WITH transmit to the appropriate congressional chairs and ranking minority members of the COUNTRIES SUPPORTING ACTS OF committees a report on United States diplo- appropriate congressional committees have INTERNATIONAL TERRORISM. matic efforts to strengthen national and agreed, at their discretion, to waive such re- Section 40(h) of the Arms Export Control international arms export controls, includ- quirement. Act (22 U.S.C. 2780(h)) is amended— ing a detailed description of any senior-level ‘‘(ii) The requirements of subparagraph (A) (1) in the heading— initiative, to ensure that those arms export shall not apply if the President states in the (A) by striking ‘‘EXEMPTION’’ and inserting controls are comparable to and supportive of certification that an emergency exists that ‘‘EXEMPTIONS’’; and United States arms export controls, particu- requires the sale or export of defense articles (B) by adding ‘‘AND CERTAIN FEDERAL LAW larly with respect to countries of concern to or defense services to be in the national se- ENFORCEMENT ACTIVITIES’’ after ‘‘REPORTING the United States. curity interests of the United States in ac- REQUIREMENTS’’; and SEC. 513. REVIEW AND REPORT OF INVESTIGA- cordance with subsection (b), (c), or (d) of (2) by adding at the end before the period TIONS OF VIOLATIONS OF SECTION 3 this section. the following: ‘‘or with respect to Federal OF THE ARMS EXPORT CONTROL ‘‘(2)(A) A certification submitted under law enforcement activities undertaken to ACT. subsection (b), (c), or (d) of this section shall further the investigation of violations of this (a) REVIEW.—The Inspector General of the be subject to the procedures applicable to re- Act’’. Department of State shall conduct a review programming notifications under section SEC. 510. REPORT ON FOREIGN MILITARY FI- of investigations by the Department of State 634A(a) of the Foreign Assistance Act of 1961. NANCING PROGRAM. during each of fiscal years 2013 through 2017 ‘‘(B) The requirement of subparagraph (A) Section 23 of the Arms Export Control Act of any and all possible violations of section shall not apply if the President transmits to (22 U.S.C. 2763) is amended by adding at the 3 of the Arms Export Control Act (22 U.S.C. the chairs and ranking minority members of end the following: 2753) with respect to misuse of United the appropriate congressional committees a ‘‘(i) REPORT.— States-origin defense items to determine report in writing that contains a determina- ‘‘(1) IN GENERAL.—The President shall whether the Department of State has fully tion of the President that extraordinary cir- transmit to the appropriate congressional complied with the requirements of such sec- cumstances exist which necessitates the ob- committees as part of the supporting mate- tion, as well as its own internal procedures viation of such requirement and a detailed rials of the annual congressional budget jus- (and whether such procedures are adequate), description of such circumstances.’’. tification a report on the implementation of for reporting to Congress any information (c) DEFINITION.—Section 36(e) of the Arms this section for the prior fiscal year. regarding the unlawful use or transfer of Export Control Act (22 U.S.C. 2776(e)) is ‘‘(2) MATTERS TO BE INCLUDED.—The report United States-origin defense articles, defense amended— required under paragraph (1) shall include a services, and technology by foreign coun- (1) by redesignating paragraphs (1) and (2) description of the following: tries, as required by such section. as paragraphs (2) and (3), respectively; and ‘‘(A) The extent to which the use of the au- (b) REPORT.—The Inspector General of the (2) by inserting before paragraph (2) (as re- thority of this section is based on a well-for- Department of State shall submit to the designated) the following new paragraph: mulated and realistic assessments of the ca- Committee on Foreign Affairs of the House ‘‘(1) the term ‘appropriate congressional pability requirements of foreign countries of Representatives and the Committee on committee’ means— and international organizations. Foreign Relations of the Senate for each of ‘‘(A) the Committee on Foreign Affairs of ‘‘(B) The extent to which the provision of fiscal years 2013 through 2017 a report that the House of Representatives; and grants under the authority of this section contains the findings and results of the re- ‘‘(B) the Committee on Foreign Relations are consistent with United States conven- view conducted under subsection (a). The re- of the Senate;’’. tional arms transfer policy. port shall be submitted in unclassified form (d) CONFORMING AMENDMENTS.—Section 36 ‘‘(C) The extent to which the Department to the maximum extent possible, but may in- of the Arms Export Control Act (22 U.S.C. of State has developed and implemented spe- clude a classified annex. 2776) is amended— cific plans to monitor and evaluate outcomes SEC. 514. REPORTS ON COMMERCIAL AND GOV- (1) in subsections (a), (b)(1), (c)(1), and (f), under the authority of this section, includ- ERNMENTAL MILITARY EXPORTS by striking ‘‘Speaker of the House of Rep- ing at least one country or international or- UNDER THE ARMS EXPORT CON- resentatives and to the chairman of the ganization assessment each fiscal year. TROL ACT; CONGRESSIONAL AC- TIONS. Committee on Foreign Relations of the Sen- ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT- ate’’ and inserting ‘‘chairs of the appropriate TEES.—In this subsection, the term ‘appro- (a) CONGRESSIONAL CONSULTATION.— congressional committees’’; priate congressional committees’ means— (1) GOVERNMENT SALES.—Section 36(b)(1) of (2) in subsection (b)— ‘‘(A) the Committee on Appropriations and the Arms Export Control Act (22 U.S.C. (A) in paragraph (1), by striking ‘‘such the Committee on Foreign Affairs of the 2776(b)(1)) is amended by adding at the end committee or the Committee on Foreign Af- House of Representatives; and the following: ‘‘The President shall consult fairs of the House of Representatives’’ and ‘‘(B) the Committee on Appropriations and fully and completely with the Committee on inserting ‘‘either chair of the appropriate the Committee on Foreign Relations of the Foreign Affairs of the House of Representa- congressional committees’’; Senate.’’. tives and the Committee on Foreign Rela- tions of the Senate before submitting a cer- (B) in paragraph (4), by striking ‘‘Con- SEC. 511. CONGRESSIONAL NOTIFICATION OF gress’’ and inserting ‘‘chairs of the appro- REGULATIONS AND AMENDMENTS tification under this subsection.’’. TO REGULATIONS UNDER SECTION (2) COMMERCIAL SALES.—Section 36(c)(1) of priate congressional committees’’; and 38 OF THE ARMS EXPORT CONTROL the Arms Export Control Act (22 U.S.C. (C) in paragraph (5)— ACT. 2776(c)(1)) is amended by adding at the end (i) in subparagraph (A), by striking ‘‘chair- (a) IN GENERAL.—Section 38 of the Arms the following: ‘‘The President shall consult man of the Committee on Foreign Affairs of Export Control Act (22 U.S.C. 2778) is amend- fully and completely with the Committee on the House of Representatives and the chaired by adding at the end the following: Foreign Affairs of the House of Representa- man of the Committee on Foreign Relations ‘‘(k) CONGRESSIONAL NOTIFICATION.—The tives and the Committee on Foreign Rela- of the Senate’’ and inserting ‘‘chairs of the President shall submit to the Committee on tions of the Senate before submitting a cer- appropriate congressional committees’’; Foreign Affairs of the House of Representa- tification under this subsection.’’. (ii) in subparagraph (B), by striking ‘‘Con- tives and the Committee on Foreign Rela- (b) REQUIREMENT TO PROVIDE ADVANCE NO- gress’’ and inserting ‘‘chairs of the appro- tions of the Senate a copy of regulations or TIFICATION AND CONSULTATION ON CERTAIN priate congressional committees’’; and amendments to regulations issued to carry SALES AND EXPORTS.—Section 36 of the Arms (iii) in subparagraph (C), by striking out this section at least 30 days before publi- Export Control Act (22 U.S.C. 2776) is amend- ‘‘Speaker of the House of Representatives cation of the regulations or amendments in ed by adding at the end the following new and the chairman of the Committee on For- the Federal Register unless, after consulting subsection: eign Relations of the Senate’’ and inserting with such Committees, the President deter- ‘‘(i)(1)(A) Not later than 60 calendar days ‘‘chairs of the appropriate congressional mines that there is an emergency that re- prior to the submission of a certification committees’’; and quires a shorter period of time for submittal under subsection (b), (c), or (d) of this sec- (3) in subsection (c)— of such regulations or amendments.’’. tion, the President shall provide advance no- (A) in paragraph (1), by striking ‘‘such (b) EFFECTIVE DATE.—The amendment tification in writing to, and consult with, committee or the Committee on Foreign Af- made by subsection (a) takes effect on the the chairs and ranking minority members of fairs of the House of Representatives’’ and date of the enactment of this Act and applies the appropriate congressional committees of inserting ‘‘either chair of the appropriate with respect the issuance of regulations or the offer to sell or export the defense articles congressional committees’’; amendments to regulations made on or after or defense services with respect to which (B) in subparagraphs (A) and (C) of para- the date of the enactment of this Act. such a certification is required to be sub- graph (2), by striking ‘‘Congress receives’’ SEC. 512. DIPLOMATIC EFFORTS TO STRENGTH- mitted pursuant to any such subsection. and inserting ‘‘chairs of the appropriate con- EN NATIONAL AND INTERNATIONAL ‘‘(B)(i) The requirement of subparagraph gressional committees receive’’; and ARMS EXPORT CONTROLS. (A) to provide 60 calendar days advance noti- (C) in paragraph (4), by striking ‘‘Con- Not later than one year after the date of fication in writing to the chairs and ranking gress’’ each place it appears and inserting the enactment of this Act, and annually minority members of the appropriate con- ‘‘the chairs of the appropriate congressional thereafter for 4 years, the President shall gressional committees shall not apply if the committees’’.

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.011 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4882 CONGRESSIONAL RECORD — HOUSE July 17, 2012 Subtitle B—Miscellaneous Provisions (4) North Korea. of terrorism, other countries or entities to SEC. 521. TREATMENT OF MILITARILY INSIGNIFI- (5) Sudan. illicitly acquire such controlled United CANT PARTS AND COMPONENTS. (6) Syria. States technology. It shall be the policy of the United States, (7) Any country with respect to which the (b) DEFINITIONS.—In this section— pursuant to section 38(f) of the Arms Export United States would deny the application for (1) the term ‘‘appropriate congressional Control Act (22 U.S.C. 2778) to prioritize the licenses and other approvals for exports and committees’’ means— removal of those militarily insignificant imports of defense articles under section (A) the Committee on Foreign Affairs and parts, components, accessories, and attach- 126.1 of title 15, Code of Federal Regulations the Committee on Homeland Security of the ments from the United States Munitions (relating to the International Traffic in House of Representatives; and List that, even if specifically designed for a Arms Regulations). (B) the Committee on Banking, Housing, defense article controlled on the United (d) REPORT.— and Urban Affairs and the Committee on States Munitions List, would warrant no (1) IN GENERAL.—Not later than 1 year after Homeland Security and Governmental Af- more than anti-terrorism controls under the the date of enactment of this Act, and annu- fairs of the Senate; and Export Administration Act of 1979 (as con- ally thereafter, the Director of National In- (2) the term ‘‘munitions’’ means— tinued in effect under the International telligence shall submit to the appropriate (A) items transferred from the United Emergency Economic Powers Act) or any congressional committees on efforts of state States Munitions List to the Commerce Con- successor Act. sponsors of terrorism, other foreign coun- trol List and designated as ‘‘600 series’’ items SEC. 522. SPECIAL EXPORT LICENSING FOR tries, or entities to illicitly acquire commer- on the Commerce Control List under the Ex- UNITED STATES ALLIES. cial satellites and related components and port Administration Regulations, as pro- Section 38 of the Arms Export Control Act technology. posed by the Bureau of Industry and Secu- (22 U.S.C. 2778), as amended by this Act, is (2) FORM.—Such report shall be submitted rity of the Department of Commerce on July further amended by adding the following new in unclassified form, but may contain a clas- 15, 2011 (76 F.R. 41958); or subsection: sified annex. (B) any successor regulations. ‘‘(l) SPECIAL EXPORT LICENSING FOR UNITED (e) DEFINITION.—In this section, the term SEC. 528. END-USE MONITORING OF MUNITIONS. STATES ALLIES.—The President may estab- ‘‘appropriate congressional committees’’ (a) ESTABLISHMENT OF MONITORING PRO- lish special licensing procedures for the ex- means— GRAM.—In order to ensure accountability port of replacement components, parts, ac- (1) the Committees on Foreign Relations, with respect to the export of munitions and cessories, attachments, equipment, Armed Services, and Intelligence of the Sen- related technical data on the Commerce Mu- firmware, software or technology that are ate; and nitions List, the President shall establish a not designated as major defense equipment (2) the Committees on Foreign Affairs, program to provide for the end-use moni- or significant military equipment to the Armed Services, and Intelligence of the toring of such munitions and related tech- North Atlantic Treaty Organization, any House of Representatives. nical data. member country of that Organization, or any SEC. 525. REPORT ON LICENSES AND OTHER AU- (b) REPORT TO CONGRESS.—Not later than other country described in section 36(c)(2)(A) THORIZATIONS TO EXPORT COM- 180 days after the date of the enactment of of this Act.’’. MERCIAL SATELLITES AND RELATED this Act, and annually thereafter, the Presi- COMPONENTS AND TECHNOLOGY SEC. 523. IMPROVING AND STREAMLINING LI- dent shall submit to Congress a report de- CONTAINED ON THE COMMERCE CENSING UNDER UNITED STATES CONTROL LIST. scribing the actions taken to implement this GOVERNMENT ARMS EXPORT CON- (a) IN GENERAL.—Not later than 60 days section, including a detailed accounting of TROL PROGRAMS. the costs and number of personnel associated In implementing reforms of United States after the end of each calendar quarter, the President shall transmit to the Committee with the program established under sub- arms export control programs, the President section (a). should prioritize the development of a new on Foreign Affairs of the House of Represent- (c) MUNITIONS.—In this section, the term framework to improve and streamline licens- atives and the Committee on Banking, Fi- nance, and Urban Affairs of the Senate a re- ‘‘munitions’’ means— ing under such programs, including by seek- (1) items transferred from the United ing to revise the Special Comprehensive Ex- port containing a listing of all licenses and other authorizations to export commercial States Munitions List to the Commerce Con- port Authorizations for the North Atlantic trol List and designated as ‘‘600 series’’ items Treaty Organization, any member country of satellites and related components and technology contained on the Commerce Control on the Commerce Control List under the Ex- that Organization, or any other country deport Administration Regulations, as pro- scribed in section 36(c)(2)(A) of the Arms Ex- List maintained under part 774 of title 15, Code of Federal Regulations. posed by the Bureau of Industry and Secu- port Control Act (22 U.S.C. 2776(c)(2)(A)) rity of the Department of Commerce on July under section 126.14 of title 15, Code of Fed- (b) FORM.—Such report shall be submitted in unclassified form, but may contain a clas- 15, 2011 (76 F.R. 41958); or eral Regulations (relating to the Inter- (2) any successor regulations. national Traffic in Arms Regulations). sified annex. SEC. 529. DEFINITIONS. SEC. 524. AUTHORITY TO REMOVE SATELLITES SEC. 526. REVIEW OF UNITED STATES MUNITIONS AND RELATED COMPONENTS FROM LIST. In this subtitle: THE UNITED STATES MUNITIONS Section 38(f)(1) of the Arms Export Control (1) COMMERCE MUNITIONS LIST.—The term LIST. Act (22 U.S.C. 2778) is amended by striking ‘‘Commerce Munitions List’’ means— (a) AUTHORITY.—Subject to subsection (b), the last sentence and inserting the following: (A) items transferred from the United the President is authorized to remove com- ‘‘Such notice shall include, to the extent States Munitions List to the Commerce Con- mercial satellites and related components practicable, an enumeration of the item or trol List and designated as ‘‘600 series’’ items and technology from the United States Mu- items to be removed and describe the nature on the Commerce Control List under the Ex- nitions List pursuant to section 38(f) of the of any controls to be imposed on that item port Administration Regulations, as pro- Arms Export Control Act (22 U.S.C. 2778(f)). under any other provision of law.’’. posed by the Bureau of Industry and Secu- (b) DETERMINATION.—The President may SEC. 527. REPORT ON COUNTRY EXEMPTIONS rity of the Department of Commerce on July exercise the authority provided in subsection FOR LICENSING OF EXPORTS OF MU- 15, 2011 (76 F.R. 41958); or (a) only if the President submits to the ap- NITIONS AND RELATED TECHNICAL (B) any successor regulations. propriate congressional committees a deter- DATA. (2) COMMERCIAL SATELLITES AND RELATED mination that the transfer of commercial (a) IN GENERAL.—Not later than 120 days COMPONENTS AND TECHNOLOGY.—The term satellites and related components and tech- after the date of enactment of this Act, the ‘‘commercial satellites and related compo- nology from the United States Munitions Attorney General, the Secretary of Com- nents and technology’’ means— List does not pose an unacceptable risk to merce, and the Secretary of Homeland Secu- (A) communications satellites that do not the national security of the United States. rity shall submit to the appropriate congres- contain classified components, including re- Such determination shall include a descrip- sional committees a report that includes— mote sensing satellites with performance pa- tion of the risk-mitigating controls, proce- (1) an assessment of the extent to which rameters below thresholds identified on the dures, and safeguards the President will put the terms and conditions of exemptions for United States Munitions List; and in place to reduce such risk to an absolute foreign countries from the licensing require- (B) systems, subsystems, parts, and compo- minimum. ments of the Commerce Munitions List (or nents associated with such satellites and (c) PROHIBITION.—No license or other au- analogous controls for commercial satellites with performance parameters below thresh- thorization for export shall be granted for and related components and technology) con- olds specified for items that would remain on the transfer, retransfer, or reexport of any tain strong safeguards; and the United States Munitions List. commercial satellite or related component (2) a compilation of sufficient documenta- (3) EXPORT ADMINISTRATION REGULATIONS.— or technology contained on the Commerce tion relating to the export of munitions, The term ‘‘Export Administration Regula- Control List maintained under part 774 of commercial spacecraft, and related technical tions’’ means— title 15, Code of Federal Regulations to any data to facilitate law enforcement efforts to (A) the Export Administration Regulations person or entity of the following: effectively detect, investigate, deter and en- as maintained and amended under the au- (1) The People’s Republic of China. force criminal violations of any provision of thority of the International Emergency Eco- (2) Cuba. the Export Administration Regulations, in- nomic Powers Act (50 U.S.C. 1701 et seq.); or (3) Iran. cluding efforts on the part of state sponsors (B) any successor regulations.

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.011 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4883 (4) STATE SPONSOR OF TERRORISM.—The Department’s Strategic Counterterror- so when the gentleman yields back, I term ‘‘state sponsor of terrorism’’ means a ism Communications Center, which is will make some closing statements and country the government of which has been already operational. yield back as well. determined by the Secretary of State, for By maintaining current funding for Mr. BERMAN. Mr. Speaker, consider purposes of section 6(j) of the Export Admin- istration Act of 1979 (as continued in effect independent audits, inspections, and my opening to be my closing, and I under the International Emergency Eco- investigations of the State Department yield back the balance of my time. nomic Powers Act), section 620A of the For- and the Peace Corps, H.R. 6018 ensures Mr. ROS-LEHTINEN. In closing, I’d eign Assistance Act of 1961, section 40 of the that, while we are tightening our belts, like to thank all of the Members who Arms Export Control Act, or any other pro- we will continue to ferret out waste, have worked with us to help put the vision of law, is a government that has re- fraud, and abuse on behalf of the Amer- State Department back on the books peatedly provided support for acts of inter- ican taxpayer. for the first time in a decade. I want to national terrorism. This bill will help American busi- thank also the Appropriations, the (5) UNITED STATES MUNITIONS LIST.—The nesses by removing unreasonable ob- Budget, and the Intelligence Commit- term ‘‘United States Munitions List’’ means the list referred to in section 38(a)(1) of the stacles and streamlining the arms ex- tees for their helpful consultations Arms Export Control Act (22 U.S.C. port control process for exporting se- throughout this process. 2778(a)(1)). lected equipment and parts. At the Finally, and most especially, I want The SPEAKER pro tempore. Pursu- same time, it will enhance U.S. secu- to thank the ranking member, my good ant to the rule, the gentlewoman from rity by increasing safeguards against friend from California (Mr. BERMAN). Florida (Ms. ROS-LEHTINEN) and the the transfer of sensitive U.S. tech- He has dedicated so many hours, both gentleman from California (Mr. BER- nologies to state sponsors of terrorism, he and his staff, in making this impor- MAN) each will control 20 minutes. to China, and to other countries sub- tant bill possible, and I thank him for The Chair recognizes the gentle- ject to U.S. arms embargoes. that. woman from Florida. For all of these reasons, Mr. Speaker, In particular, I’d like to thank Rick GENERAL LEAVE H.R. 6018 deserves the bipartisan sup- Kessler, Doug Campbell, Daniel Ms. ROS-LEHTINEN. Mr. Speaker, I port that it has received so far and pas- Silverberg, Shanna Winters, David ask unanimous consent that all Mem- sage by the House this evening. Fite, Diana Ohlbaum, Brent Woolfork, bers may have 5 legislative days to re- With that, Mr. Speaker, I reserve the Daniel Harsha, our esteemed staff di- vise and extend their remarks and to balance of my time. rector, Dr. Yleem Poblete, and indeed, include extraneous material on the Mr. BERMAN. Mr. Speaker, I yield all of our hardworking Foreign Affairs bill, H.R. 6018. myself such time as I may consume. staff for their expert assistance, as well The SPEAKER pro tempore. Is there I rise in strong support of H.R. 6018, as Doug Anderson and Jamie McCor- objection to the request of the gentle- the Fiscal Year 2013 Foreign Relations mick. woman from Florida? Authorization Act. With that, Mr. Speaker, I urge adop- There was no objection. This bill establishes the basis for our tion of the bill, and I yield back the Ms. ROS-LEHTINEN. Mr. Speaker, I Embassies to function and our dip- balance of my time. yield myself such time as I may con- lomats to promote U.S. national inter- Mr. VAN HOLLEN. Mr. Speaker, I rise in sume. ests around the world. It provides some support of H.R. 6018, the State Department I want to thank the ranking mem- of the authorities and resources our Authorization Act and to thank Chairman ROS- ber—and, indeed, all of the Members on State Department needs to promote LEHTINEN and Ranking Member BERMAN for both sides of the aisle—for all of the peaceful international cooperation, working together to bring this important, bipar- work that has gone into the drafting of protect U.S. national security, and tisan bill to the floor. this carefully targeted State Depart- demonstrate the values and principles This act authorizes funds for our embassies ment authorization bill for fiscal year that define us as a nation. to function and for our diplomats to promote 2013. All around the world, our foreign and U.S. national interests abroad. Despite significant efforts by the civil service officers operate on the Congress has not sent a State Authorization Committee on Foreign Affairs, the De- front lines of the fight against global bill to the President’s desk in years. To get partment of State has been operating terrorism, putting their lives at risk to this bill on the suspension calendar, it had to without legislative authority for near- protect the lives of innocents. By be scrubbed of all controversial provisions. As ly a decade. The last authorization bill shortchanging our diplomats, we only a consequence, the bill contains no authoriza- to become law, coauthored by our es- increase the likelihood of armed con- tion for foreign assistance programs and in- teemed former Chairmen Henry Hyde frontation. Skillful diplomacy is also cludes no proposals for much needed foreign and Tom Lantos, was enacted in Sep- essential for opening foreign markets aid reform. The bill does, however, include a tember of 2002. The lack of authorities to American goods and services, which number of provisions to provide for and pro- in the intervening years has eroded promotes economic growth and creates tect our men and women serving to advance Congress’ foreign policy leverage with jobs here at home. American interests around the world. The bill the Department of State. By enacting On balance, I do support this bill. It’s authorizes funding for the State Department, this bill, Congress will repair this not perfect. The authorization numbers the Broadcasting Board of Governors and the lapse, strengthen our foreign policy are well below the FY13 requested lev- multilateral organizations to which the U.S. is oversight, and fulfill our obligation to els, lower than what I think is needed a party, such as the United Nations. the American public. to exert strong and effective global Our national security rests on four pillars: The text authorizes basic operations leadership, and in a perfect world, I the strength of our democracy and economy, for the State Department, the Broad- would have preferred a more com- defense, diplomacy, and development. Wheth- casting Board of Governors, and the prehensive bill that authorizes the full er in Yemen, where there are growing con- Peace Corps at fiscally responsible lev- range of our global activities. But the cerns about that nation becoming a safe els coordinated with the Appropria- distinguished chairman and her staff haven for al Qaeda or in Afghanistan, where tions Committee. This bill does not in- have worked with us diligently over a strong diplomatic presence is helping to fa- clude any foreign aid authorities. the past few weeks to make the cilitate the transition of security responsibility H.R. 6018 contains important man- changes necessary to arrive at a text from the coalition forces to the government of agement reforms to increase the effi- that we can wholeheartedly support, so Afghanistan, the men and women who serve ciency, the accountability, and the I thank the chairman for her hard in our diplomatic corps are on the front lines, safety of our personnel overseas. It re- work on the bill and for the comity and in cooperation with our armed forces, pro- flects bipartisan concern that Congress respect she demonstrated throughout tecting U.S. national security. needs to have a stronger oversight role the process. Mr. Speaker, the men and women who work in the State Department’s expanding I urge my colleagues to support this at the State Department provide vital services activities to promote cybersecurity bill and reserve the balance of my to the nation. Both Foreign Service Officers with other governments around the time. and Civil Service employees monitor and ana- world. It establishes important juris- Ms. ROS-LEHTINEN. Mr. Speaker, lyze developments throughout the world, and diction and oversight authority for the we have no further requests for time, proudly represent our nation and advance our

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\A17JY7.011 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4884 CONGRESSIONAL RECORD — HOUSE July 17, 2012 interests around the globe. It is essential that (7) As a result, Israel is facing a fundamen- Israeli withdrawal from Gaza, as well as they have the resources they need to perform tally altered strategic environment. measures to protect against weapons smug- their jobs on behalf of our nation. (8) Pursuant to chapter 5 of title 1 of the gling and terrorist threats from the Sinai The SPEAKER pro tempore. The Emergency Wartime Supplemental Appro- Peninsula. priations Act, 2003 (Public Law 108–11; 117 (7) Offer the Air Force of Israel additional question is on the motion offered by Stat. 576), the authority to make available training and exercise opportunities in the the gentlewoman from Florida (Ms. loan guarantees to Israel is currently set to United States to compensate for Israel’s lim- ROS-LEHTINEN) that the House suspend expire on September 30, 2012. ited air space. the rules and pass the bill, H.R. 6018, as SEC. 3. STATEMENT OF POLICY. (8) Work to encourage an expanded role for amended. It is the policy of the United States: Israel with the North Atlantic Treaty Orga- The question was taken. (1) To reaffirm our unwavering commit- nization (NATO), including an enhanced The SPEAKER pro tempore. In the ment to the security of the State of Israel as presence at NATO headquarters and exer- opinion of the Chair, two-thirds being a Jewish state. As President Barack Obama cises. in the affirmative, the ayes have it. stated on December 16, 2011, ‘‘America’s com- (9) Expand already-close intelligence co- mitment and my commitment to Israel and operation, including satellite intelligence, Ms. ROS-LEHTINEN. Mr. Speaker, with Israel. on that I demand the yeas and nays. Israel’s security is unshakeable.’’ And as SEC. 5. ADDITIONAL STEPS TO DEFEND ISRAEL The yeas and nays were ordered. President George W. Bush stated before the Israeli Knesset on May 15, 2008, on the 60th AND PROTECT AMERICAN INTER- The SPEAKER pro tempore. Pursu- anniversary of the founding of the State of ESTS. ant to clause 8 of rule XX, further pro- Israel, ‘‘The alliance between our govern- (a) EXTENSION OF WAR RESERVES STOCKPILE ceedings on this question will be post- ments is unbreakable, yet the source of our AUTHORITY.— poned. friendship runs deeper than any treaty.’’. (1) DEPARTMENT OF DEFENSE APPROPRIA- TIONS ACT, 2005.—Section 12001(d) of the De- f (2) To help the Government of Israel preserve its qualitative military edge amid partment of Defense Appropriations Act, 2005 UNITED STATES-ISRAEL EN- rapid and uncertain regional political trans- (Public Law 108–287; 118 Stat. 1011) is amend- HANCED SECURITY COOPERA- formation. ed by striking ‘‘more than 8 years after’’ and TION ACT OF 2012 (3) To veto any one-sided anti-Israel reso- inserting ‘‘more than 10 years after’’. lutions at the United Nations Security Coun- (2) FOREIGN ASSISTANCE ACT OF 1961.—Sec- Ms. ROS-LEHTINEN. Mr. Speaker, I cil. tion 514(b)(2)(A) of the Foreign Assistance move to suspend the rules and pass the (4) To support Israel’s inherent right to Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is bill (S. 2165) to enhance strategic co- self-defense. amended by striking ‘‘fiscal years 2011 and operation between the United States (5) To pursue avenues to expand coopera- 2012’’ and inserting ‘‘fiscal years 2013 and and Israel, and for other purposes. tion with the Government of Israel both in 2014’’. The Clerk read the title of the bill. defense and across the spectrum of civilian (b) EXTENSION OF LOAN GUARANTEES TO sectors, including high technology, agri- ISRAEL.—Chapter 5 of title I of the Emer- The text of the bill is as follows: gency Wartime Supplemental Appropriations S. 2165 culture, medicine, health, pharmaceuticals, and energy. Act, 2003 (Public Law 108–11; 117 Stat. 576) is Be it enacted by the Senate and House of Rep- (6) To assist the Government of Israel with amended under the heading ‘‘LOAN GUARAN- resentatives of the United States of America in its ongoing efforts to forge a peaceful, nego- TEES TO ISRAEL’’— Congress assembled, tiated settlement of the Israeli-Palestinian (1) in the matter preceding the first pro- SECTION 1. SHORT TITLE. conflict that results in two states living viso, by striking ‘‘September 30, 2011’’ and This Act may be cited as the ‘‘United side-by-side in peace and security, and to en- inserting ‘‘September 30, 2015’’; and States-Israel Enhanced Security Cooperation courage Israel’s neighbors to recognize (2) in the second proviso, by striking ‘‘Sep- Act of 2012’’. Israel’s right to exist as a Jewish state. tember 30, 2011’’ and inserting ‘‘September SEC. 2. FINDINGS. (7) To encourage further development of 30, 2015’’. Congress makes the following findings: advanced technology programs between the SEC. 6. REPORTS REQUIRED. (1) Since 1948, United States Presidents and United States and Israel given current (a) REPORT ON ISRAEL’S QUALITATIVE MILI- both houses of Congress, on a bipartisan trends and instability in the region. TARY EDGE (QME).— basis and supported by the American people, SEC. 4. UNITED STATES ACTIONS TO ASSIST IN (1) IN GENERAL.—Not later than 180 days have repeatedly reaffirmed the special bond THE DEFENSE OF ISRAEL AND PRO- after the date of the enactment of this Act, between the United States and Israel, based TECT UNITED STATES INTERESTS. the President shall submit to the Committee on shared values and shared interests. It is the sense of Congress that the United on Foreign Relations of the Senate and the (2) The Middle East is undergoing rapid States Government should take the fol- Committee on Foreign Affairs of the House change, bringing with it hope for an expan- lowing actions to assist in the defense of of Representatives a report on the status of sion of democracy but also great challenges Israel: Israel’s qualitative military edge in light of to the national security of the United States (1) Seek to enhance the capabilities of the current trends and instability in the region. and our allies in the region, particularly to Governments of the United States and Israel (2) SUBSTITUTION FOR QUADRENNIAL RE- our most important ally in the region, to address emerging common threats, in- PORT.—If submitted within one year of the Israel. crease security cooperation, and expand date that the first quadrennial report re- (3) The Government of the Islamic Repub- joint military exercises. quired by section 201(c)(2) of the Naval Ves- lic of Iran is continuing its decades-long pat- (2) Provide the Government of Israel such sel Transfer Act of 2008 (Public Law 110–429; tern of seeking to foment instability and support as may be necessary to increase de- 22 U.S.C. 2776 note) is due to be submitted, promote extremism in the Middle East, par- velopment and production of joint missile the report required by paragraph (1) may ticularly in this time of dramatic political defense systems, particularly such systems substitute for such quadrennial report. transition. that defend against the urgent threat posed (b) REPORTS ON OTHER MATTERS.—Not later (4) At the same time, the Government of to Israel and United States forces in the re- than 180 days after the date of the enactment the Islamic Republic of Iran continues to en- gion. of this Act, the President shall submit to the rich uranium in defiance of multiple United (3) Provide the Government of Israel as- appropriate congressional committees a re- Nations Security Council resolutions. sistance specifically for the production and port on each of the following matters: (5) A nuclear-weapons capable Iran would procurement of the Iron Dome defense sys- (1) Taking into account the Government of fundamentally threaten vital United States tem for purposes of intercepting short-range Israel’s urgent requirement for F–35 aircraft, interests, encourage regional nuclear pro- missiles, rockets, and projectiles launched actions to improve the process relating to its liferation, further empower Iran, the world’s against Israel. purchase of F–35 aircraft, particularly with leading state sponsor of terror, and pose a se- (4) Provide the Government of Israel de- respect to cost efficiency and timely deliv- rious and destabilizing threat to Israel and fense articles and defense services through ery. the region. such mechanisms as appropriate, to include (2) Efforts to expand cooperation between (6) Over the past several years, with the as- air refueling tankers, missile defense capa- the United States and Israel in homeland se- sistance of the Governments of the Islamic bilities, and specialized munitions. curity, counter-terrorism, maritime secu- Republic of Iran and Syria, Hizbollah and (5) Provide the Government of Israel addi- rity, energy, cyber-security, and other re- Hamas have increased their stockpile of tional excess defense articles, as appropriate, lated areas. rockets, with more than 60,000 now ready to in the wake of the withdrawal of United (3) Actions to integrate Israel into the de- be fired at Israel. The Government of the Is- States forces from Iraq. fense of the Eastern Mediterranean. lamic Republic of Iran continues to add to (6) Examine ways to strengthen existing SEC. 7. DEFINITIONS. its arsenal of ballistic missiles and cruise and ongoing efforts, including the Gaza In this Act: missiles, which threaten Iran’s neighbors, Counter Arms Smuggling Initiative, aimed (1) APPROPRIATE CONGRESSIONAL COMMIT- Israel, and United States Armed Forces in at preventing weapons smuggling into Gaza TEES.—The term ‘‘appropriate congressional the region. pursuant to the 2009 agreement following the committees’’ means—

VerDate Mar 15 2010 01:53 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.006 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4885 (A) the Committee on Appropriations, the missiles that their enemies stockpile loan guarantees to Israel, we restate Committee on Armed Services, the Com- while making well-publicized threats the importance of maintaining Israel’s mittee on Foreign Relations, and the Select every day against the Jewish state. qualitative military edge, and we im- Committee on Intelligence of the Senate; How do we achieve this goal, Mr. prove military and intelligence co- and (B) the Committee on Appropriations, the Speaker? By increasing the totality of operation, particularly with respect to Committee on Armed Services, the Com- our bilateral security relations. That joint missile defense. mittee on Foreign Affairs, and the Perma- means increasing joint missile defense We also reiterate our commitment to nent Select Committee on Intelligence of the systems, joint military exercises, and stand with Israel in international fo- House of Representatives. intelligence cooperation. We get to rums like the United Nations, where (2) QUALITATIVE MILITARY EDGE.—The term learn from them, and they get to learn Israel often finds itself in an unfriendly ‘‘qualitative military edge’’ has the meaning from us, and we all sleep a little more environment. And, Mr. Speaker, we en- given the term in section 36(h)(2) of the Arms soundly knowing that we have done all courage NATO to welcome an expanded Export Control Act (22 U.S.C. 2776(h)(2)). we can to help our citizens. role for Israel. Our investment in The SPEAKER pro tempore. Pursu- It also means providing increased ex- Israel’s security is an investment in ant to the rule, the gentlewoman from cess defense articles and munitions to American security. Florida (Ms. ROS-LEHTINEN) and the Israel. With a host of entities stirring Beyond this bipartisan expression of gentleman from California (Mr. BER- the pot of hostility against the Jewish America’s support for Israel, there is MAN) each will control 20 minutes. state, it is critical that the United much the United States can do to pro- The Chair recognizes the gentle- States stand foursquare with Israel. tect our interests and the interests of woman from Florida. This legislation also extends author- our closest allies in the Middle East. GENERAL LEAVE ity to provide loan guarantees to the But we cannot do so as a spectator. Ms. ROS-LEHTINEN. I ask unani- Israeli government that provide the The U.S. must lead. We cannot rely mous consent, Mr. Speaker, that all Jewish state with a cushion of support on Vladimir Putin and Kofi Annan to Members may have 5 legislative days in times of need, and at no cost to the broker the peace in Syria, or stand idly to revise and extend their remarks and American taxpayer. by as Iran and Russia protect Bashar include extraneous material on Senate Mr. Speaker, our ally, Israel, needs Assad, one of the world’s most active bill 2165. our help, and we are situated to lend a state sponsors of terrorism. And we The SPEAKER pro tempore. Is there friend this hand while strengthening cannot and must not allow Iran to ac- objection to the request of the gentle- our own security in the process. Let us quire nuclear weapons capability. woman from Florida? stand together today and say that we Mr. Speaker, we must meet the exis- There was no objection. support a strong and secure Israel, not tential threat Iran poses to Israel, its Ms. ROS-LEHTINEN. I yield myself only because Israel is our friend and neighbors, and the world with strength such time as I may consume. ally, but also because a strong and se- and engagement. We cannot allow situ- Mr. Speaker, I rise in strong support cure Israel means a strong and secure ations in the region to unfold without of the United States-Israel Enhanced America. our leadership. In fact, during my re- Security Cooperation Act of 2012. Now is a particularly important time cent trips to the region, I have found I would like to thank the distin- to send that message, as we face the there is more agreement on the need guished majority leader and the minor- looming specter of this sequester that for U.S. leadership than anything else. ity whip, Mr. CANTOR and Mr. HOYER, we’re all talking about and working Today, Mr. Speaker, the House will for sponsoring the House version of hard to prevent. send this bipartisan bill to the Presi- this legislation, as well as Senators Mr. Speaker, if nothing is done to dent and deliver the message that, dur- BOXER and ISAKSON, who sponsored the avert this crisis, we will face an almost ing this pivotal and dangerous period Senate version that this House is con- $450 million cut to security assistance in the Middle East, the United States sidering today. to Israel. This would include over $100 stands tall for our ally, Israel. million in cuts to cooperative missile Ms. ROS-LEHTINEN. I thank the b 1720 defense programs. These cuts would gentleman for his remarks, and I re- For over 64 years, since the United damage the security of our Nation and serve the balance of my time. States recognized Israel just 11 min- our ally, Israel, and they must be Mr. BERMAN. Mr. Speaker, I rise in utes after its creation, the democratic, averted. strong support of S. 2165, the United Jewish State of Israel has been one of With that, Mr. Speaker, I am so States-Israel Enhanced Security Co- our closest allies. pleased to yield such time as he may operation Act of 2012, and I yield my- Our shared commitment to peace and consume to the coauthor of this legis- self as much time as I may consume. to freedom have been the foundation of lation, our leader, the gentleman from I want to thank, first of all, my a special bond that has reinforced the Virginia (Mr. CANTOR). friends, Majority Leader CANTOR and safety and the security of both of our Mr. CANTOR. I thank the gentlelady Minority Whip HOYER, for bringing this countries. We have forged a defense from Florida for her leadership on this important bill back to the floor of the partnership that has yielded advanced issue. House so that we can accept the Sen- technologies and policies that have Mr. Speaker, I rise today in support ate’s constructive additions and send it benefited both of our nations and of the U.S.-Israel Enhanced Security to the President’s desk. helped to keep our citizens secure. Our Cooperation Act. As the gentlelady I’d also like to thank, as did my fates are tied together. A threat to one just said, Mr. Speaker, I, together with chairman, Senators BOXER and ISAK- of our countries is a threat to both. my counterpart, STENY HOYER, Chair- SON, and Senator COLLINS, for their And so, as the Iranian regime con- man ILEANA ROS-LEHTINEN, and the leadership on this resolution in the tinues to race toward nuclear weapons gentleman from California, Ranking Senate. and sponsor violent extremists like Member HOWARD BERMAN, in May in- And finally, I want to thank my Hamas and Hezbollah, we must work troduced this bill, and the House friend and chairman, the gentlelady together to counter this growing passed it with nearly unanimous sup- from Florida, for her continued leader- threat, Mr. Speaker. port. ship on the issue of the U.S.-Israel rela- And while the United States and At a time when we are facing huge tionship. Israel are targeted by many of the fiscal challenges, this bill makes it Members should recall that in May same threats, Israel’s proximity to the clear that no matter what, the United we passed the House version of this Iran-Syria-Hamas-Hezbollah nexus States always stands strong in our sup- bill, H.R. 4133, by a near-unanimous leaves us no room for error. Our goal, port for Israel, with whom we share a vote. We will be taking another vote with this legislation, is to ensure that commitment to freedom, a respect for today because the Senate has added an Israel has the ability to protect its human life, and a commitment to secu- important extension of military stock- citizens against the dangers that touch rity. pile reserve authorities. I strongly sup- their lives every day, against the rock- Among other things, this bill allows port this addition and thank the Sen- ets, against the bombs, against the for the continuation of longstanding ate for its contribution.

VerDate Mar 15 2010 02:34 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.008 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4886 CONGRESSIONAL RECORD — HOUSE July 17, 2012 Mr. Speaker, since its founding, against any possible combination of re- rounded by nations that profoundly Israel has faced innumerable chal- gional threats. In reinforcing that com- disrespect the political and civil lib- lenges to its survival, but the serious mitment to Israel’s security, this bill erties of their own citizens. These na- threats it faces today are unprece- extends for 4 years a loan guarantee tions actively foment hate against dented. Deadly cross-border attacks program for Israel that was initiated in Israel and have human rights records from the Sinai Peninsula have taken 2003. The extension is based on legisla- that are among the worst in the world. both Israeli Arab and Israeli Jewish tion that Chairman ROS-LEHTINEN and Syria has now shown its true colors. lives. I introduced in March. We cannot sit by and wait for Iran to Terrorism still penetrates Israel from Mr. Speaker, our relationship with have the opportunity. Gaza in the form of rocket and mortar our ally Israel is one of the most im- Mr. Speaker, superior deterrence re- attacks. But unlike in years past, the portant and closest that we have with mains among the best guarantors of Iron Dome Anti-Missile System, funded any nation in the world. The United peace, and that has certainly been the in part by the United States, has States and Israel face many of the case in the Middle East. S. 2165 en- changed the rules of the game. In fact, same threats, and we share the same hances Israel’s ability to defend itself. Iron Dome has been successful in inter- values. Israel’s defense minister, Ehud When Israel’s military superiority was cepting a remarkable 90 percent of in- Barak, recently said that he can hardly unclear in the eyes of its enemies soon coming rockets aimed at once defense- remember a better period of U.S. ‘‘sup- after it was created, soon after Israel less population centers. port and cooperation’’ and common became a state, Israel was tested re- Currently, there are only a handful of U.S.-Israel strategic understanding peatedly with war, yet they won again Iron Dome batteries operational in than the current one. and again. In response to Israel’s clear Israel. More are needed in order to pro- The passage of this bill will help en- military superiority, Israel’s enemies tect all of Israel’s 8 million citizens. sure that this cooperation continues have relied on cowardly acts of ter- I’m pleased to say that S. 2165 retains into the future. I encourage all of my rorism. They have attacked with Gaza language from the Iron Dome Support colleagues to support this legislation. rockets, with the intifada, with the flo- Act, bipartisan legislation I introduced I reserve the balance of my time. tilla, and Israel’s task has been to which now has nearly 110 cosponsors Ms. ROS-LEHTINEN. I am so pleased overcome those deadly aggressions. Mr. expressing support for providing Israel to yield 4 minutes to my good friend, Speaker, S. 2165 provides assistance for assistance to produce additional Iron the gentleman from New Jersey (Mr. several programs that are effective in Dome batteries. SMITH), who is the chairman of the deterring attacks and in defending This bill also pledges to assist Israel Foreign Affairs Subcommittee on Afri- Israel, including for the Iron Dome, with its ongoing effort to forge a peace- ca, Global Health, and Human Rights. Israel’s successful means of defending ful, negotiated settlement of the Mr. SMITH of New Jersey. Mr. itself against missiles and rockets tar- Israeli-Palestinian conflict that results Speaker, I thank the distinguished gen- geting Israeli homes and businesses. in two states living side by side in tlelady, the chairwoman of our com- With this bill, Israel will be better peace and in security. Despite all the mittee, for her great leadership in the equipped for any scenario as it fulfills obstacles to achieving this goal, we defense of Israel. I thank as well my its solemn duty to protect its own peo- cannot give up trying, as peace is pro- good friend and colleague, the ranking ple. With this bill, we also reassert our foundly in Israel’s strategic interest. member, Mr. BERMAN. These two indi- country’s moral obligation and I applaud Prime Minister viduals work hard every day for the unshakable commitment to give Israel Netanyahu’s willingness to negotiate peace and security of our friend and every assistance. The U.S. reaffirms, in anywhere, anytime. The Palestinians ally Israel. word and in deed, our dedication to the This is a ‘‘must pass’’ bill, Mr. should take him up on that offer, in- defense of the Jewish state. S. 2165 ex- Speaker, as we must reiterate our sup- stead of pursuing a campaign to pands U.S. military, intelligence, and port for the nation of Israel. Our friend delegitimize Israel at the U.N. and else- civilian cooperation with Israel, in- and ally Israel lives under the daily where. cluding an offer to the Israeli air force threat of indiscriminate rocket attacks Mr. Speaker, perhaps the greatest for additional training opportunities in on their homes and businesses, ter- threat to both American and Israeli se- the U.S. in order to compensate for rorism on public transit, and the curity today is that posed by Iran’s nu- Israel’s limited airspace and other en- unapologetic, undeterred, and unac- clear weapons program. I hope this hanced cooperation on intelligence ceptable existential threat of a nuclear problem can be solved diplomatically, sharing. Iran. Despite Iran’s signature of the but as we all know, only massive pres- Israel has shown itself to be a great sure from the United States and our al- Genocide Convention of 1956, Iran’s anti-Semitic leader, Ahmadinejad, has friend of the United States, not only in lies has any chance of persuading Iran setting the standard for democracy and to give up its quest for nuclear arms. repeatedly threatened to wipe Israel off the face of the Earth. Iran has ignored human rights in the region but by b 1730 its commitments not to pursue nuclear being trustworthy with loans—always In fact, we are currently negotiating weapons under the IAEA, refusing in- repaying loans on time and in full. This a sanctions bill with the Senate, the spections and failing the ones they do bill recognizes Israel’s dependability Iran Threat Reduction Act, which allow. with an extension of the longstanding Chairman ROS-LEHTINEN and I intro- The U.N. has failed to be resolute in loan guarantee program for Israel. duced and which the House passed late its response to Iran or to protect Finally, this bill reaffirms that the last year. That bill will dramatically Israel, leaving Israel to fend for itself only viable option for peace and secu- increase the economic pressure on Iran. at best but, more often, attacking and rity in the region is an Israeli state Meanwhile, the bill before us today undermining it at every opportunity. and a Palestinian state existing side by makes clear that the U.S. Congress will Most recently and amazingly, the side. Again, I ask for Members to sup- continue to help Israel meet the Ira- United Nations allowed Iran to be port this important bill. nian threat. elected to the 15-member general com- Mr. BERMAN. I am very pleased to Gaza-based terrorism, the Israeli-Pal- mittee of the U.N. Arms Trade Treaty yield 1 minute to the gentleman rep- estinian conflict, and the Iranian nu- Conference, which is allegedly devel- resenting American Samoa and the clear program are not the only threats oping a treaty regulating the inter- ranking Democrat on the Asia and the faced by Israel. Recent events in Egypt national sale of conventional arms. Pacific Subcommittee of the Foreign and Syria, along with the presence of Iran does, after all, have considerable Affairs Committee, Mr. Hamas in Gaza and Hezbollah in Leb- experience in this area. Iran has been FALEOMAVAEGA. anon, require Israeli vigilance against arming Israel’s neighbors for decades. (Mr. FALEOMAVAEGA asked and danger from all directions. Freedom House’s annual report on was given permission to revise and ex- To that end, this bill, once again, re- the world, which assesses the political tend his remarks.) affirms our determination to support and civil liberties of nearly every na- Mr. FALEOMAVAEGA. I thank the Israel’s qualitative military edge tion on Earth, shows that Israel is sur- gentleman for yielding.

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.020 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4887 Mr. Speaker, I want to associate my- poised to attack and otherwise disrupt ways see eye to eye on matters of pol- self especially with the remarks made normal life for millions of Israeli citi- icy, but we always find common ground by the gentlelady from Florida, who is zens. To the east, the Iranian threat when it comes to strengthening the our distinguished chairwoman of the looms large on the horizon, and they U.S.-Israel relationship. Committee on Foreign Affairs, and threaten Israel and the entire region This is the case for two very impor- with the remarks of my senior ranking with the prospect of a nuclear weapon’s tant reasons. The first is because the member, the gentleman from Cali- capable radical regime right next door. United States and Israel are linked by fornia (Mr. BERMAN). I thank them There is no question that the illicit history and by the common glue of both for their leadership in bringing Iranian nuclear program must remain shared values: democracy, free enter- this legislation forward for consider- at the very top of our priority list. It’s prise, respect for human rights, and the ation and approval before the Members certainly at the top of Israel’s priority rule of law. Secondly, because a strong of this body. list. The nuclear program is, however, Israel is in America’s national security I think there is absolutely no ques- a symptom of the disease rather than interest. tion in terms of the provisions provided the disease itself. The nuclear program We make that point almost every in this bill. We want to be absolutely is a paramount challenge to U.S. core time we speak because it’s important certain that our government is making national security interests, as well as for all of our constituents, our fellow every effort to ensure the security of those of our allies, and it must be ad- Americans to understand that the in- the State of Israel. dressed. As long as this regime is in vestment that we make in Israel, the I want to again commend the gentle- power and the region continues to ex- investment in terms of time, in terms lady from Florida and also my good perience the kind of instability we’re of support, in terms of finances, and in friend from New Jersey (Mr. SMITH) for now witnessing, we must commit our- terms of military assistance, are all in their comments in assuring and in giv- selves fully to doing everything we can the interest of the United States of ing every absolute notice to other to help aid Israel in securing itself. America and its citizens. Yes, it is to countries of the world so as to know I urge the adoption of this very im- Israel’s benefit as well, but primarily where the United States stands in its portant resolution. the United States acts because it sees defense of Israel. Mr. BERMAN. Mr. Speaker, may I as critical to its own interests the safe- Ms. ROS-LEHTINEN. I am so pleased ask how much time is remaining on ty, security, and sovereignty of Israel. Military and security ties with Israel to yield 3 minutes to the gentleman each side. help the Pentagon and our intelligence from Ohio (Mr. CHABOT), who is the The SPEAKER pro tempore (Mr. agencies track threats to Americans at chairman of the Foreign Affairs Sub- CHAFFETZ). The gentleman from Cali- home and abroad, and they enable us to committee on the Middle East and fornia has 131⁄2 minutes, and the gentle- partner on the development of tech- South Asia. He deals with these issues woman from Florida has 51⁄2 minutes. Mr. BERMAN. With that, Mr. Speak- nologies that help keep our people safe. every day. The number one regional threat of Mr. CHABOT. Thank you very much, er, I am very pleased to yield 5 minutes to our distinguished whip, the gen- course, as all of us know, is the pros- Madam Chair. pect of a nuclear Iran. That is of great I really do appreciate the great lead- tleman from Maryland (Mr. HOYER). concern to every nation in the world. ership Chairwoman ROS-LEHTINEN has Mr. HOYER. I thank the gentleman The nonproliferation of nuclear weap- shown on this issue and on so many for yielding. ons is a principal tenet of the nations issues around the world. I appreciate as Again, as I do repeatedly when I rise of the world, adopted by the United Na- well the great leadership of Mr. BER- to speak on issues related to our clos- tions and adopted in treaties. MAN, the ranking member. Together, in est ally in the Middle East, Israel, and the relationship between our two coun- Iran must not be allowed to obtain a bipartisan manner, both have really nuclear weapons, as it would dramati- done a great job for our country, and tries, I congratulate the chairwoman of the committee, the gentlelady from cally destabilize the region, and Iran’s we appreciate that. leaders have already threatened Amer- Florida, ILEANA ROS-LEHTINEN, for her Despite the tremendous progress that ican targets in that part of the world. has been made toward ensuring Israel’s leadership on this issue and focus on the importance of not only the rela- Again, it is important to note that are continued security, critical challenges some 250,000 Americans within the still remain. Now, perhaps more than tionship, but on the importance of making sure that Israel is strong and range of Iranian missiles. at any time since the 1973 Yom Kippur Of course, there are untold economic able to defend herself. War, Israel faces real and direct interests of the United States and of I also congratulate the gentleman threats to its very homeland. Although the international community. En- from California (Mr. BERMAN). I don’t the so-called Arab Spring has raised hanced security cooperation with know anybody who, for a longer period hopes that with time and hard work de- Israel is one of the many tools we have of time, has focused on the issue of mocracy may take hold in Arab lands, to help prevent Iran from achieving nu- keeping the relationship between Israel it has also ushered in what will, no clear weaponization and to protect and the United States strong, vibrant, doubt, be a period of profound and pro- American assets in the region. longed instability. and open, and who has, on this floor, in This bill strengthens that coopera- committee, in our caucus, and around b 1740 tion in several ways: this country, educated people any more It authorizes aid for the joint U.S.- And while we most certainly should than he has to the necessity to keep Israel Iron Dome missile defense, a be working with Arab countries in this this relationship strong and to keep critical investment. time of transition, we must not forget Israel strong. The SPEAKER pro tempore. The Israel, the Middle East’s only estab- So I rise to thank both of them for time of the gentleman has expired. lished democracy and our friend and bringing this issue to the floor. Mr. BERMAN. I yield the gentleman ally, which faces unprecedented threats Mr. Speaker, I was proud to cospon- an additional 2 minutes. to its security. Some of these are sor this legislation with my friend, the Mr. HOYER. It also increases U.S. threats that Israel has not had to deal majority leader, Mr. CANTOR. That strategic stockpiles in Israel and pro- with in a very long time. piece of legislation, which Ms. ROS- vides Israel with additional weaponry To the west, Israel faces new and un- LEHTINEN and Mr. BERMAN brought to as a first line of defense for the United tested Egyptian leadership, which has the floor some months ago, passed here States, as well as for Israel. sent some troubling messages about its with a vote of 411–2, showing the over- Furthermore, this bill extends loan intentions for Egyptian-Israeli bilat- whelming bipartisan support this issue guarantees for Israel and encourages eral relations. To the north, fighting in has. This is clearly an issue, unlike so an expanded Israeli role in NATO. Syria is continuing to intensify, and many that we deal with, that enjoys Mr. Speaker, it is so encouraging to all signs suggest that the country may not only bipartisan support between see that even while we may divide on collapse into full-scale civil war. Other the two parties, but support of philo- other matters, this House will pass the threats are sadly perennial. To Israel’s sophical perspectives from all over this legislation before us with strong, over- north and west, terrorists remain caucus and this country. We don’t al- whelming bipartisan support. That

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.022 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4888 CONGRESSIONAL RECORD — HOUSE July 17, 2012 sends a message that hopefully cannot Since 1948 the U.S. and Israel have shared In addition to these items this bill thoughtfully be missed, a clarity of purpose ex- a special bond. provides Israel with certain defense equipment pressed by this Congress, the policy- Israel is our greatest ally in a region defined that is being left behind by the withdrawal of making body of this Nation, that by conflict. American forces from Iraq. speaks for all the people of our Nation. Today, there are significant events in the In addition to the conveyance of equipment, Hopefully, those who would pose a Middle East that present unique security chal- this bill greatly increases our intelligence shar- threat and risk to us and to our allies lenges. ing operations and offers the Israeli Air Force would take note of that unanimity of From the upheaval in neighboring states to aditional training resources in the United purpose. Let us continue to ensure that the defiance of the IAEA by the Iranian re- States. This is very important given the se- close U.S.-Israel ties are an issue that gime, Israel is under constant threat. verely limited training grounds for the Israeli unites us as Americans. The Israelis should not be forced to live Air Force in its own country. I am especially As I said, the House overwhelmingly under duress from a nation that denies the pleased with the agreement for increased in- passed this measure earlier this year, holocaust and Israel’s right to exist. telligence cooperation. This new level of intel- 411–2. Now the Senate has sent it back As a nation we must never waiver in our ligence collaboration will substantially assist to us for final consideration. I con- support of Israel’s inherent right to self-de- our own intelligence services in keeping Amer- gratulate my friend, Senator BOXER, fense against these threats. icans safe. This legislation greatly benefits and the Republican leadership of the Congress must provide the technology and both countries; it is truly a remarkable partner- Senate, as well. weapons systems that provide a military ad- ship. I hope we can pass it again today. I vantage over aggressors. These efforts are paramount, but we must know we will, and I hope it’s with even This enhanced cooperation between the not rest. When we pass this legislation today, greater support. I urge my colleagues U.S. and Israel will provide stability in an in- we must know that this is only the next step, to vote ‘‘yes’’ on this bill—for America, creasingly unstable region. and is not the final step in ensuring Israel’s for Israel, and for international secu- Israel must have the capability and consent freedoms and right to exist. I remain com- rity. to defend themselves or the region will fall mitted to work with my colleagues for helping b 1750 deeper into chaos. expand the US-Israeli partnership. I urge my colleagues to support this respon- Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. VAN HOLLEN. Mr. Speaker, as a co- sible legislation. only have some closing remarks and sponsor and strong supporter of the United Mr. HOLT. Mr. Speaker, I rise in support of have no further requests for time, so I States-Israel Enhanced Security Cooperation this legislation. will wait for my colleague from Cali- Act of 2012, I rise in support of the bill. The House passed its version of this legisla- fornia to yield back. The House originally passed this measure Mr. BERMAN. After what we just tion in May 2012, with my strong support. The by a vote of 411 to 2 in May. The Senate then heard, I would not suggest any further Senate has elected to improve the loan guar- passed the measure by unanimous consent speakers, and I yield back the balance antee and stock-pile authorities in its version, on June 29. The purpose of the bill is to ex- of my time. which I am also pleased to support. tend to Israel a U.S. Government loan guar- Ms. ROS-LEHTINEN. Mr. Speaker, I United States and Israel have built a strong, antee and U.S. defense stockpile transfer au- yield myself such time as I may con- unique and special relationship, and passage thority. sume. of this legislation will only strengthen those Israel is an essential American ally in the The United States-Israel Enhanced bonds. The political changes that are sweep- Middle East. The rapid change that region is Security Cooperation Act of 2012 ing through North Africa and the Middle East undergoing will have a significant impact on states, and it makes it very clear, that are creating new uncertainties for the United the national security of both our countries. In U.S. policy is to: reaffirm the commit- States and Israel. The revolutions that are un- light of this, S. 2165 helps to reinforce our ment to Israel’s security as a Jewish derway may not produce the much-hoped for support for the security of Israel by extending state; also to provide Israel with the democratic ‘‘Arab Spring’’. Indeed, the ascen- until Sept. 30, 2015, the U.S. Government military capabilities to defend herself sion of Muslim Brotherhood member loan guarantees. The measure also expresses and help preserve its qualitative mili- Mohamad Morsi to the Egyptian presidency is the sense of Congress that the United States tary edge; also to expand military and a development whose consequences cannot should take a number of actions to strengthen civilian cooperation; to assist in a ne- be predicted with certainty at the moment. the defense of Israel, including: providing sup- gotiated settlement of the Israeli-Pal- During such times of uncertainty, it is impor- port for its ‘‘Iron Dome’’ air defense system; estinian conflict that results in two tant that America send a clear message to the providing Israel with air refueling tankers and states living side by side in peace and region that we will continue to stand by our specialized munitions; and expanding intel- security, which is all of our goals; and ally, Israel. This bill helps us do exactly that, ligence cooperation between our two coun- also encourage Israel’s neighbors to which is why I am pleased to support it. tries. recognize Israel’s right to exist as a Mr. MARCHANT. Mr. Speaker, I rise in By passing this bill today, we reaffirm our Jewish state. strong support of H.R. 4133, now S. 2165, the support for the right of Israel to defend itself This bill expresses the sense of Con- U.S.-Israel Enhanced Security Cooperation and demonstrate our ongoing commitment to gress that the United States should Act of 2012. I am proud to be a cosponsor of Israel as an ally of the United States. take specified actions to assist in the this legislation and I urge all of my colleagues The SPEAKER pro tempore. The defense of Israel; it amends the 2005 De- to join me in voting for this bill. question is on the motion offered by partment of Defense Appropriations Israel continues to face unprecedented and the gentlewoman from Florida (Ms. Act to extend authority to transfer unpredictable challenges from many of its ROS-LEHTINEN) that the House suspend certain Department of Defense items to neighbors. American support for Israel must the rules and pass the bill, S. 2165. Israel; it amends the Foreign Assist- remain unequivocally solid. This legislation is The question was taken; and (two- ance Act of 1961 to extend authority to the latest important effort to continue and ex- thirds being in the affirmative) the make additions to foreign-based de- pand our deep mutual relationship. I am rules were suspended and the bill was fense stockpiles; and, lastly, it amends pleased that the House of Representatives is passed. the Emergency Wartime Supplemental considering H.R. 4133 today, as it is of the ut- A motion to reconsider was laid on Appropriations Act of 2003 to extend most importance. the table. specified loan guarantee authority to In addition to reaffirming our continued com- Israel. mitment to Israel, this legislation will provide f This is in the U.S. national security Israel with many new military capabilities INSULAR AREAS ACT OF 2011 interest, and I hope that the House needed to defend itself against any threats. It overwhelmingly passes this important is important for those who may wish to do Ms. ROS-LEHTINEN. Mr. Speaker, I bill. Israel harm to know that they will not be suc- move to suspend the rules and pass the With that, Mr. Speaker, I yield back cessful. Specifically, this bill will provide Israel bill (S. 2009) to improve the administra- the balance of my time. with new missile defense capabilities, mid-air tion of programs in the insular areas, Mr. BACA. Mr. Speaker, I rise today in sup- refueling tankers, and specialized munitions. and for other purposes. port of ‘‘S. 2165; U.S.-Israel Enhanced Secu- Each of these are key components for ensur- The Clerk read the title of the bill. rity Cooperation Act of 2012.’’ ing Israel’s continued sovereign right to exist. The text of the bill is as follows:

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.023 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4889 S. 2009 Florida (Ms. ROS-LEHTINEN) and the COMMITTEE ON THE JUDICIARY, Be it enacted by the Senate and House of Rep- gentleman from American Samoa (Mr. HOUSE OF REPRESENTATIVES, resentatives of the United States of America in FALEOMAVAEGA) each will control 20 Washington, DC, March 28, 2012. Congress assembled, minutes. Hon. ILEANA ROS-LEHTINEN, SECTION 1. SHORT TITLE. The Chair recognizes the gentle- Chairwoman, Committee on Foreign Affairs, Rayburn House Office Building, Wash- This Act may be cited as the ‘‘Insular woman from Florida. Areas Act of 2011’’. ington, DC. GENERAL LEAVE SEC. 2. CONTINUED MONITORING ON RUNIT IS- DEAR CHAIRWOMAN ROS-LEHTINEN, the For- LAND. Ms. ROS-LEHTINEN. Mr. Speaker, I eign Affairs Committee has primary jurisdic- Section 103(f)(1) of the Compact of Free As- ask unanimous consent that all Mem- tion over S. 2009, the ‘‘Insular Areas Act of sociation Amendments Act of 2003 (48 U.S.C. bers may have 5 legislative days to re- 2011,’’ which the Senate passed by unanimous 1921b(f)(1)) is amended— vise and extend their remarks and to consent on December 16, 2011. Section 3 of (1) by striking ‘‘Notwithstanding’’ and in- include extraneous material on the the bill contains matter that falls within the serting the following: bill, S. 2009. Rule X jurisdiction of the Judiciary Com- ‘‘(A) IN GENERAL.—Notwithstanding’’; and The SPEAKER pro tempore. Is there mittee. Having reviewed the bill, and pursuant to your request, I agree to discharge the (2) by adding at the end the following: objection to the request of the gentle- ‘‘(B) CONTINUED MONITORING ON RUNIT IS- Judiciary Committee from further consider- woman from Florida? ation of the bill so that it may proceed expe- LAND.— There was no objection. ‘‘(i) CACTUS CRATER CONTAINMENT AND ditiously to the House Floor. Ms. ROS-LEHTINEN. I yield myself The Judiciary Committee agrees to such GROUNDWATER MONITORING.—Effective beginning January 1, 2012, the Secretary of Energy such time as I may consume. discharge with the understanding that, by shall, as a part of the Marshall Islands pro- Mr. Speaker, I rise in support of the foregoing consideration of S. 2009 at this gram conducted under subparagraph (A), pe- bill, S. 2009 the Insular Areas Act, a time, we do not waive any jurisdiction over riodically (but not less frequently than every brief bill that passed the Senate unani- the subject matter contained in this or simi- 4 years) conduct— mously in December before being lar legislation, and with the further under- ‘‘(I) a visual study of the concrete exterior transmitted to the House and referred standing that at such time that the bill may of the Cactus Crater containment structure to multiple committees. be called up on the House Floor, the bill will on Runit Island; and The bill consists of three short sec- be identical in form to the bill as referred to the Foreign Affairs Committee. The Judici- ‘‘(II) a radiochemical analysis of the tions: groundwater surrounding and in the Cactus ary Committee reserves the right to insist The first section, which shifts to the on certain amendments to the provisions of Crater containment structure on Runit Is- Department of Energy the responsi- land. the bill that fall within its Rule X jurisdic- bility for Department of the Interior- tion if the bill is called up under a rule per- ‘‘(ii) REPORT.—The Secretary shall submit to the Committee on Energy and Natural Re- funded radiological monitoring at mitting amendments thereto. Additionally, sources of the Senate, and the Committee on former U.S. nuclear test sites, has long if you intend to call up a suspension version Natural Resources of the House of Rep- been overseen by the Committee on on the House Floor that is not identical to resentatives, a report that contains— Natural Resources. the bill as referred to your committee, I re- ‘‘(I) a description of— The second section, which confirms spectfully request that you consult further ‘‘(aa) the results of each visual survey con- the continuing eligibility of U.S. mag- with the Judiciary Committee in advance of ducted under clause (i)(I); and such floor consideration. istrates to participate in long-standing Sincerely, ‘‘(bb) the results of the radiochemical anal- judicial exchange programs, is pri- ysis conducted under clause (i)(II); and LAMAR SMITH, marily overseen by the Committee on Chairman. ‘‘(II) a determination on whether the sur- the Judiciary. veys and analyses indicate any significant And the third section, involving a do- COMMITTEE ON FOREIGN AFFAIRS, change in the health risks to the people of HOUSE OF REPRESENTATIVES, Enewetak from the contaminants within the mestic workforce issue, is overseen by Washington, DC, March 13, 2012. Cactus Crater containment structure. the Committee on Education and the Hon. JOHN A. BOEHNER, ‘‘(iii) FUNDING FOR GROUNDWATER MONI- Workforce. Speaker, House of Representatives, TORING.—The Secretary of the Interior shall All of these committees have re- Washington, DC. make available to the Department of En- viewed the bill, waived additional ac- DEAR MR. SPEAKER: I am writing to convey ergy, Marshall Islands Program, from funds tion, and consented to today’s suspen- the consent of the Foreign Affairs Com- available for the Technical Assistance Pro- sion consideration of the bill. I want to mittee to be discharged from consideration gram of the Office of Insular Affairs, the thank those committees for their con- of S. 2009, the Insular Areas Act of 2011, in amounts necessary to conduct the sideration and their input. order to expedite its consideration on the radiochemical analysis of groundwater under I reserve the balance of my time. House floor. clause(i)(II).’’. In making this decision, the Foreign Af- COMMITTEE ON EDUCATION AND THE SEC. 3. CLARIFYING THE TEMPORARY ASSIGN- fairs Committee conferred extensively with WORKFORCE, HOUSE OF REP- MENT OF JUDGES TO COURTS OF the Committee on Resources, which has tra- THE FREELY ASSOCIATED STATES. RESENTATIVES, ditionally dealt with the issues involved in Section 297(a) of title 28, United States Washington, DC, March 20, 2012. the bill, even though that Committee did not Code, is amended by striking ‘‘circuit or dis- Hon. JOHN A. BOEHNER, receive a formal referral of S. 2009. Although trict judge’’ and inserting ‘‘circuit, district, Speaker, House of Representatives, a formal estimate has not yet been prepared magistrate, or territorial judge of a court’’. Washington, DC. DEAR MR. SPEAKER: I am writing to convey by the Congressional Budget Office (CBO), SEC. 4. DELAY OF SCHEDULED MINIMUM WAGE CBO staff provided an informal estimate that INCREASE IN AMERICAN SAMOA. the consent of the Committee on Education the bill should not have any direct spending (a) DELAYED INCREASE PENDING GOVERN- and the Workforce to be discharged from or revenue effects, and would have annual MENT ACCOUNTABILITY OFFICE REPORT.—Sec- consideration of S. 2009, Insular Areas Act of tion 8103(b)(2)(C) of the Fair Minimum Wage 2011, in order to expedite its consideration on discretionary costs under CBO’s de minimis Act of 2007 (29 U.S.C. 206 note; Public Law the House floor. threshold ($500,000). In agreeing to waive consideration of S. 110–28) is amended— Although a formal request has not yet 2009, the Foreign Affairs Committee does not (1) by striking ‘‘each year thereafter until’’ been prepared by the Congressional Budget waive any jurisdiction that it has over provi- and inserting ‘‘on September 30 of every Office (CBO), CBO staff informally estimates sions in that bill, or the right to seek to par- third year thereafter until’’; and that the bill should not have any direct ticipate in any conference on that bill, (2) by striking ‘‘except that’’ and all that spending or revenue effects and should have an annual discretionary cost under CBO’s de should one occur. follows through ‘‘September 30’’ and insert- Thank you for your consideration. ing ‘‘except that there shall be no such in- minimis threshold ($500,000). While agreeing to waive consideration of S. Cordially, crease in 2012, 2013, and 2014 pending the tri- 2009, the Committee on Education and the ILEANA ROS-LEHTINEN, ennial report required under section 8104(a)’’. Workforce does not waive any jurisdiction Chairman. (b) TRIENNIAL GOVERNMENT ACCOUNT- that it has over provisions in the bill, nor ABILITY OFFICE REPORT.—Section 8104(a) of Mr. FALEOMAVAEGA. Mr. Speaker, does it waive the right to seek appointment the Fair Minimum Wage Act of 2007 (29 I yield myself such time as I may con- as conferees in the event of a House-Senate U.S.C. 206 note; Public Law 110–28) is amend- sume. conference on this or similar legislation, ed by striking ‘‘April 1, 2013, and every 2 (Mr. FALEOMAVAEGA asked and should such a conference be convened. years’’ and inserting ‘‘April 1, 2014, and every Thank you again for your consideration. was given permission to revise and ex- 3 years’’. Sincerely, tend his remarks.) The SPEAKER pro tempore. Pursu- JOHN KLINE, Mr. FALEOMAVAEGA. I want to ex- ant to the rule, the gentlewoman from Chairman. press my deepest appreciation to the

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.012 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4890 CONGRESSIONAL RECORD — HOUSE July 17, 2012 gentlelady from Florida, the chair- what we’ve done in burying, sup- sage of this bill is only possible today due to woman of the House Committee on posedly, the nuclear waste materials their support. I also thank committee and lead- Foreign Affairs, and certainly my colon this atoll called Runit Atoll. ership staff for working in close association league, the senior ranking member, Mr. This provision is just simply the Con- with my office on provisions which will benefit BERMAN of California. gress directs the Secretary of Energy our Associated States of Micronesia, Republic I would also like to express my most to do a monitoring program and to see of Marshall Islands, and the U.S. Territory of what is happening after some 40 years sincere appreciation to our Speaker of American Samoa for years to come. Most of that we did all this tremendous dam- the House, JOHN BOEHNER; our majority all, I thank the people of American Samoa, our leader, ERIC CANTOR; our Democratic age, not only to property, but to the tuna cannery workers, our Fono, and Gov- leader, NANCY PELOSI; our Democratic lives of these people in the Marshall Is- ernor for their support and prayers. Whip, STENY HOYER; the chairman of lands. This is what this provision pro- our Foreign Affairs Committee, ILEANA vides. It very simply authorizes the I want to especially commend Senator ROS-LEHTINEN, and Ranking Member Secretary of Energy to go over there BINGAMAN and Senator MURKOWSKI for their HOWARD BERMAN of California; Chair- and find out what’s going on and mon- leadership in getting S. 2009 passed by the man JOHN KLINE and Ranking Member itor the underground water so that Senate. S. 2009 includes a provision to delay GEORGE MILLER of the Committee on these people can survive properly. minimum wage increases in American Samoa Education and the Workforce; Chair- In the process, and what’s about good until 2015. The provision regarding minimum man LAMAR SMITH and Ranking Mem- about this bill, Mr. Speaker, is it wage was worked out in advance with my of- doesn’t require any offsets. We don’t ber JOHN CONYERS of the Committee on fice as well as the Senate HELP Committee, have to worry about any financials. It the Judiciary; Chairman DOC HASTINGS the Senate Committee on Energy and Natural and Ranking Member ED MARKEY of will be funded by the Technical Assist- ance Program that is now provided by Resources, the House Committee on Edu- the Committee on Natural Resources; cation and the Workforce, and the House and certainly Senator JEFF BINGAMAN the Office of Insular Affairs. The second provision in this bill, Mr. Committee on Natural Resources. and Senator LISA MURKOWSKI, who respectively served as chairman and Speaker, it just simply amends the Because S. 2009 included other provisions ranking member of the Senate Com- Compact of Free Association to author- not related to minimum wage, the bill was re- ize our judges to go there and serve mittee on Energy and Natural Re- ferred to three different committees in the temporarily in the courts of the Asso- sources for all that they have done on House, including Education and the Work- ciated States of Micronesia. That’s all behalf of the insular areas. I cannot force, the Judiciary, and the Committee on it does. It doesn’t require any more ex- thank my colleagues enough for stand- Foreign Affairs which has primary jurisdiction pense than it is but just to simply au- ing with me because I know the pas- for S. 2009. With three different committees thorize them. sage of this bill is only possible today sharing jurisdiction, the bill could not move to due to their support. b 1800 the House floor unless the committees agreed I also thank the committee staff And the third provision that I want to be discharged from consideration of S. leadership for their working in close to share with my colleagues is simply 2009. association with my office on the pro- to delay the increase of the minimum At my request, each of the Chairmen and vision which will benefit the Associ- wage in my little Territory of Amer- Ranking Members agreed to waive consider- ated States of Micronesia, the Republic ican Samoa for the next 3 years. That’s of the Marshall Islands, and the Terri- ation in order to expedite the bill’s consider- all that this bill provides. ation. Although S. 2009 was not referred to tory of American Samoa. As I said, Mr. Speaker, this is one of Mr. Speaker, as my chairman had al- the most unusual bills. It has the sup- the House Committee on Natural Resources, I luded to earlier about this section, it’s port of four committee chairmen and sought and received the support of Chairman very simple. senior ranking members. Now, you talk DOC HASTINGS and Ranking Member ED MAR- This atoll, Runit Atoll, is located in about bipartisanship: I don’t know of KEY, too. Enewetak. For the benefit and infor- any other bill that I’ve ever heard or While we were hopeful that the bill could be mation of my colleagues, the Enewetak known and the fact that we have some- placed on the House calendar after Congress Atoll is located in the Marshall Is- thing we can all work toward in solv- returned from the Christmas recess, in Janu- lands. This is where we exploded 43 of ing some of the serious problems af- ary 2012 the U.S. Department of the Interior’s our nuclear bombs out of the 67 nuclear fecting the lives of our fellow Ameri- Office of Insular Affairs (OIA) unwittingly halt- bombs that we exploded during our cans. And that’s all I’m asking for. ed the advancement of the bill due to con- testing program from 1943 to 1962; and Mr. Speaker, I yield back the balance cerns it raised about a provision related to the in the process, this is where we ex- of my time. monitoring of Runit Island. After explaining ploded our mini-hydrogen bomb, which Mr. Speaker, I rise today in support of S. how important delaying further minimum wage was called a Mike shot, which was only 2009, the Insular Areas Act of 2011, which increases is to American Samoa’s economy, about 700 times more powerful than the was passed by the Senate on December 16, we were able to resolve OIA’s concerns and nuclear bomb that we exploded in Na- 2011. gasaki and Hiroshima. At this time, I would like to express my sin- move forward. But given these setbacks, Only about a couple of hundred of cerest appreciation to Speaker of the House Speaker BOEHNER’s office subsequently re- miles away is also the atoll called Bi- JOHN BOEHNER, Majority Leader ERIC CANTOR, quested that we formalize, in writing, the com- kini Atoll, and in 1954 we exploded the Democratic Leader NANCY PELOSI, Democratic mitment of the Chairmen of the committees of most powerful and the first hydrogen Whip STENY HOYER, Chairman ILEANA ROS- jurisdiction and, as of March 28, 2012, we bomb that was ever exploded on this LEHTINEN and Ranking Member HOWARD BER- completed this request. planet. It was known as the Bravo shot, MAN of the Committee on Foreign Affairs, On Tuesday, July 10, 2012, I personally met and it was 1,300 times more powerful Chairman JOHN KLINE and Ranking Member with Majority Leader ERIC CANTOR and pre- than the bombs that we dropped in Na- GEORGE MILLER of the Committee on Edu- sented our case, and he agreed that with the gasaki and Hiroshima. cation and the Workforce, Chairman LAMAR support of Speaker BOEHNER, Democratic Just to give my colleagues a sense of SMITH and Ranking Member JOHN CONYERS of Leader PELOSI and Democratic Whip HOYER understanding and appreciation, what the Committee on the Judiciary, Chairman that he would schedule the bill for consider- we did in this specific atoll, Enewetak, DOC HASTINGS and Ranking Member ED MAR- ation. Once the bill was publicly placed on the we had to collect all the debris, all the KEY of the Committee on Natural Resources, House calendar for July 17, 2012, I an- nuclear waste materials as a result of and Senators JEFF BINGAMAN and LISA MUR- nounced the progress we had made. Given the 43 bombs that we exploded in this KOWSKI who respectively serve as the Chair- the sensitivities surrounding minimum wage, I atoll for purposes of preventing nuclear man and Ranking Member of the Senate felt like a public announcement any sooner contamination from getting into the Committee on Energy and Natural Resources could have jeopardized our efforts. water and the ocean squall of that. for all they have done for and on behalf of the Well, it started to leak, and there are people of American Samoa. The matter of minimum wage is of utmost some very serious problems of nuclear I cannot thank my colleagues enough for importance to American Samoa. Since 1956, contamination seepage coming out of standing with me because I know that pas- until Congress enacted P.L. 110–28 which

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K17JY7.027 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4891 automatically increases wage rates by $.50 are the only people ever resettled on a nu- The people were promised that they would be per hour effective July 2007 and every year clear test site. able to return home once the U.S. Govern- thereafter until 2014, wage rates for American ENEWETAK ATOLL AS A NUCLEAR TEST SITE ment no longer had need for their islands. During the thirty years that the Enewetak Enewetak Atoll, was the site of forty-three Samoa were determined by Special Industry people have been displaced from their home of the sixty-six nuclear tests conducted by Committees in accordance with Sections 5, 6, atoll they have suffered grave privations, in- the United States in the Marshall Islands be- and 8 of the Fair Labor Standards Act (29 cluding periods of near starvation, in their tween 1946 and 1958. One of the tests at U.S.C. Sections 205, 206, 208). While these temporary home on Ujelang Atoll. The peo- Enewetak was especially significant as it ple have cooperated willingly with the U.S. Industry Committees were phased out in other was the first test of a hydrogen bomb. This Government and have made many sacrifices U.S. Territories due to their more diversified test occurred on October 31, 1952 and was to permit the United States to use their economies, American Samoa continues to be known as the ‘‘Mike’’ test. The test had a home islands for atomic testing purposes.’’ a single industry economy, and automatic in- yield of 10.4 megatons (750 times greater creases have only served to exacerbate an al- than the Hiroshima bomb). The destructive INITIAL CLEANUP ATTEMPT OF ENEWETAK ATOLL ready difficult situation for the local economy. power of the Mike test was exceeded only by For more than 50 years, American Samoa’s the Bravo test (15 megatons) in all the nu- In 1972, the U.S. said that it would soon no longer require the use of Enewetak. The U.S. private sector economy had been nearly 80% clear tests conducted by the United States anywhere. The Mike test vaporized an island, recognized that the extensive damage and re- dependent, either directly or indirectly, on two leaving a crater a mile in diameter and 200 sidual radiation at Enewetak would require canneries—StarKist and Chicken of the Sea— feet deep. The Mike test detonation and the radiological cleanup, soil rehabilitation, which until recently employed more than 74 detonation of the other 42 nuclear devices on housing and basic infrastructure before the percent of our private sector workforce. How- Enewetak resulted in the vaporization of people could resettle Enewetak. An exten- ever, on September 30, 2009, one day after over 8% of the land and otherwise devastated sive cleanup, rehabilitation and resettlement American Samoa was struck by a powerful 8.3 the atoll. The devastation is so severe that effort was undertaken between 1977 and 1980. to this day, fifty-four years after the last nu- Unfortunately, the cleanup left over half of Richter Scale earthquake which set off a 20- the land mass of the atoll contaminated by foot wave tsunami that left untold damage and clear explosion, over half of the land and all of the lagoon remain contaminated by radi- radiation confining the people to the south- loss from which the Territory has not fully re- ation. The damage is so pervasive that the ern half of the atoll. This has prevented the covered, Chicken of the Sea closed its oper- Enewetak people cannot live on over 50% of Enjebi island members of the Enewetak com- ations in American Samoa and outsourced our land. In fact, they can’t live on munity from resettling their home island in more than 2,000 jobs to Thailand where fish Enewetak without the importation of food. the northern part of the atoll, and has pre- cleaners are paid $0.75 and less per hour The U.S. Department of Energy described vented the people from making full and un- compared to wage rates of about $4.76 per the devastating effects of the 43 nuclear tests restricted use of their atoll. In addition, the on Enewetak as follows: cleanup and rehabilitation was not effective hour in American Samoa. in rehabilitating the soil and revegetating As noted by the Government Accountability ‘‘The immense ball of flame, cloud of dark dust, evaporated steel tower, melted sand for the islands. An extensive soil rehabilitation Office (GAO), before minimum wage increases a thousand feet, 10 million tons of water ris- and revegetation effort is still required to went into effect tuna canneries in American ing out of the lagoon, waves subsiding from permit the growing of food crops. Samoa were operating at about a $7.5 million a height of eighty feet to seven feet in three RUNIT DOME loss per year when compared to canneries, miles were all repeated, in various degrees, The cleanup of Enewetak entailed removal like Bumble Bee, and now Chicken of the Sea, 43 times on Enewetak Atoll.’’ and collection of highly contaminated top- which outsource fish cleaning jobs to low- REMOVAL OF THE ENEWETAK PEOPLE FROM soil, vegetation, and debris (concrete and wage rate countries. Outsourcing has ad- ENEWETAK ATOLL TO UJELANG ATOLL metal) that was subsequently entombed versely impacted American Samoa’s economy A few days before Christmas in 1947, the within an unlined crater produced by an 18 in untold ways. Higher fish costs, higher ship- U.S. removed the Enewetak people to the kilo ton surface test and capped with a con- ping costs, higher fuel costs, better local tax much smaller, resource poor, and isolated crete dome. The site is now known as the atoll of Ujelang. They were told by the U.S. Runit Dome. Evidence indicates open hy- incentives offered by competitors and the draulic communication between radioactive global economic recession have especially that their removal would be for a short time. In fact, Captain John P. W. Vest, the U.S. waste and intruding ocean water, with mi- contributed to the weakening of the Territory’s Military Governor for the Marshall Islands, gration pathways leading to local ground- economy. Passage of S. 2009 will help re- told them that their removal from Enewetak water and circulating lagoon waters. solve some of these problems by providing would be temporary and last no more than Inside the Runit Dome lies over 110,000 ASG with the time it needs to diversify the three to five years. Unfortunately, they were cubic yards of plutonium and other radio- Territory’s private-sector economy. exiled on Ujelang for a period of over thirty- active debris that is radioactive for thou- three years. sands of years. And, many areas of Runit Is- While I thank my colleagues for their sup- land have dangerous levels of contamination. port and urge them to vote in favor of S. 2009, HARDSHIP ON UJELANG Consequently, the dome and the surrounding it is my sincere hope that improvements on The exile on Ujelang was particularly dif- area need to be monitored in the same man- the territory’s economy will be such that it will ficult for the Enewetak people leading to ner that they would be monitored in the US. provide for fair wages for American Samoa’s hopelessness and despair. During the 33-year The reason for such monitoring is simple— workers. So between now and 2015, it will be exile on Ujelang they endured the suffering the Enewetak people are entitled to the up to ASG and our corporate partners, includ- of near starvation. They tried to provide same level of protection from US created ra- food for themselves and their children, but ing StarKist and Tri-Marine, to find new ways diation as the people of the US. one meal a day and constant hunger was the Ms. ROS-LEHTINEN. I yield myself of succeeding without further compromising norm. Malnutrition caused illness and dis- the wages of both our public and private sec- ease. Children and the elderly were particu- such time as I may consume. tor workers or wage earners. larly vulnerable. Health care was woefully Mr. Speaker, I want to congratulate American Samoa’s cannery workers have inadequate. In addition, children went large- Mr. FALEOMAVAEGA for the warm way been the backbone of the U.S. tuna and fish- ly uneducated in the struggle for survival. in which he works with every member ing processing industries, and I salute them They became so desperate that in the late of our committee, and that is why it is for stabilizing the Territory’s economy. With 1960’s they took over a visiting government a pleasure for all of us on the Com- field-trip ship, demanding that they be taken heart-felt gratitude for the sacrifices they have mittee on Foreign Affairs to do every- off of Ujelang and returned to Enewetak. thing that we can to help the gen- made on our behalf, I am noting their service After years of hardship, neglect and isola- in the CONGRESSIONAL RECORD for historical tion the Enewetak people became increas- tleman, because we know how impor- purposes. ingly insistent that they be returned home. tant these bills are to him, as we can Once more, I thank my colleagues in the Eventually, the U.S. said it would attempt see, as we have heard. What we may House and Senate for helping American to make Enewetak Atoll habitable. consider to be a suspension bill that Samoa in its time of need, and I urge passage The suffering and hardship experienced by will not impact our daily lives, it im- of S. 2009. the Enewetak people while on Ujelang, was pacts the many thousands of people eventually acknowledged by the U.S. The THE ENEWETAK PEOPLE—CHALLENGES FACING whom he is so proud to represent in a U.S. Department of Interior in a letter to the THE ONLY POPULATION EVER RESETTLED ON very real and meaningful way. President of the U.S. Senate, dated January A NUCLEAR TEST SITE So I thank him for his gentle man- 14, 1978, said, in relevant part: INTRODUCTION ‘‘The people of Enewetak Atoll were re- ners. I thank him for his graciousness. Enewetak was the site of 43 of the 67 nu- moved from their home atoll in 1947 by the I thank him for the important bills clear tests that the U.S. conducted in the U.S. Government in order that their atoll that he brings to our attention. And I Marshall Islands and the Enewetak people could be used in the atomic testing program. want to tell him what an honor it is for

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.015 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4892 CONGRESSIONAL RECORD — HOUSE July 17, 2012 all of us on our committee to work quirement that the minimum wage in American After consultation with the Office of Gen- with him in a bipartisan way. Samoa be on a schedule to reach Mainland eral Counsel, I have determined that compli- With that, Mr. Speaker, I yield back levels. In decades past, the use of a special ance with the subpoena is not consistent the balance of my time. industry committee to periodically review and with the privileges and rights of the House. Sincerely, Mr. SABLAN. Mr. Speaker, S. 2009 is pri- set the minimum wage in American Samoa GARY L. ACKERMAN, marily concerned with U.S. responsibilities to proved ineffective, unfairly depressing wage Member of Congress. the Republic of the Marshall Islands and the levels below what was economically feasible. f other Freely Associated States in Micronesia, The minimum wage provision in S. 2009 and with a pause in the implementation of fed- meets these standards. The adjustment pro- COMMUNICATION FROM THE eral minimum wage in American Samoa. posed by S. 2009 is the result of the GAO’s CLERK OF THE HOUSE I certainly support continuing U.S. oversight latest report, which lays out certain economic The SPEAKER pro tempore laid be- of the effects of nuclear testing in the Mar- difficulties confronting American Samoa. fore the House the following commu- shalls. These difficulties arise from a variety of fac- nication from the Clerk of the House of And I defer to my colleague from American tors, including recent global economic condi- Representatives: Samoa with respect to economic policy in his tions and a specific set of challenges facing OFFICE OF THE CLERK, district. American Samoa’s tuna canning industry. HOUSE OF REPRESENTATIVES, In one respect, though, S. 2009 does impact In response to the GAO report, this bill ad- Washington, DC, July 17, 2012. my district, the Northern Marianas Islands. justs the schedule by delaying any minimum Hon. JOHN A. BOEHNER, The bill moves a Government Accountability wage increases in American Samoa until The Speaker, House of Representatives, Office report on the effect of minimum wage 2015. Importantly, it maintains a clear min- Washington, DC. increases in the Northern Marianas and Amer- imum wage schedule for the territory, with new DEAR MR. SPEAKER: Pursuant to the per- ican Samoa from every two years to every increases made triennially. mission granted in Clause 2(h) of Rule II of This is not the first adjustment in the sched- the Rules of the U.S. House of Representa- three years. tives, the Clerk received the following mes- These GAO reports are important. They pro- ule since the increases began in 2007. Adjust- sage from the Secretary of the Senate on vide a credible analysis of a complex policy, ments were also enacted in 2010. July 17, 2012 at 12:53 p.m.: namely the annual 50¢ increase in the min- Congress must continue to monitor condi- That the Senate passed without amend- imum wage in the Marianas. tions in American Samoa. Future adjustments ment H.R. 205. Yet this decision to delay the next GAO re- to either accelerate or delay the minimum With best wishes, I am port and stretch out the period of time be- wage schedule may be necessary and war- Sincerely, tween reports is being made without benefit of ranted. Workers in American Samoa deserve KAREN L. HAAS. a hearing in this House. a fair minimum wage as soon as possible, f Neither businesses nor workers, who are which not only improves their standard of liv- RECESS impacted by the minimum wage increases in ing but generates new economic activity for my district, have had a chance to be heard everyone’s benefit. To achieve that end and to The SPEAKER pro tempore. Pursu- from. be sensitive to other economic pressures on ant to clause 12(a) of rule I, the Chair Last year, in part based on the GAO’s find- the island that may affect employment levels, declares the House in recess until ap- ings, I supported a one–year break in the it is our ongoing responsibility to calibrate the proximately 6:30 p.m. today. wage increase. minimum wage schedule as conditions war- Accordingly (at 6 o’clock and 4 min- Looking ahead to next year, I had hoped to rant. utes p.m.), the House stood in recess. have another GAO report to guide any deci- I look forward to continuing to work with Mr. f sion about—perhaps—skipping another year. FALEOMAVAEGA and other colleagues in the b 1830 But S. 2009 will leave us without benefit of House and Senate to ensure workers in Amer- the GAO’s advice. ican Samoa receive a just wage. AFTER RECESS And I believe this House needs that guid- The SPEAKER pro tempore. The The recess having expired, the House ance. question is on the motion offered by was called to order by the Speaker pro I will not object to passage of S. 2009, but the gentlewoman from Florida (Ms. tempore (Mr. CHAFFETZ) at 6 o’clock I do regret that this House did not follow its ROS-LEHTINEN) that the House suspend and 30 minutes p.m. the rules and pass the bill, S. 2009. regular order before bringing the measure to f the floor. The question was taken. Mr. GEORGE MILLER of California. Mr. The SPEAKER pro tempore. In the ANNOUNCEMENT BY THE SPEAKER Speaker, today, I rise in support of S. 2009. opinion of the Chair, two-thirds being PRO TEMPORE This legislation includes provisions adjusting in the affirmative, the ayes have it. The SPEAKER pro tempore. Pursu- Ms. ROS-LEHTINEN. Mr. Speaker, the federal minimum wage schedule for Amer- ant to clause 8 of rule XX, proceedings on that I demand the yeas and nays. will resume on motions to suspend the ican Samoa in light of GAO’s findings on its The yeas and nays were ordered. unique labor market conditions. Mr. The SPEAKER pro tempore. Pursu- rules previously postponed. FALEOMAVAEGA of American Samoa has asked ant to clause 8 of rule XX, further pro- Votes will be taken in the following the Congress to make these adjustments for ceedings on this question will be post- order: American Samoa and pass this bill. poned. H.R. 6018, by the yeas and nays; Current law requires that the minimum wage S. 2009, by the yeas and nays. f increase in American Samoa annually until it The first electronic vote will be con- reaches the Mainland’s federal minimum wage COMMUNICATION FROM THE HON- ducted as a 15-minute vote. The re- level. ORABLE GARY L. ACKERMAN, maining electronic vote will be con- Current law also requires the GAO to regu- MEMBER OF CONGRESS ducted as a 5-minute vote. larly report to Congress on economic condi- The SPEAKER pro tempore laid be- f tions in American Samoa over the course of fore the House the following commu- FOREIGN RELATIONS AUTHORIZA- these minimum wage adjustments. These nication from the Honorable GARY L. TION ACT, FISCAL YEAR 2013 GAO reports are intended to give Congress in- ACKERMAN, Member of Congress: formation so that, if necessary, Congress can CONGRESS OF THE UNITED STATES, The SPEAKER pro tempore. The un- adjust the minimum wage schedule for the ter- 5TH DISTRICT, NEW YORK, finished business is the vote on the mo- ritory. July 16, 2012. tion to suspend the rules and pass the Precisely because American Samoa has a Hon. JOHN A. BOEHNER, bill (H.R. 6018) to authorize appropria- unique, isolated, and relatively undiversified Speaker, House of Representatives, tions for the Department of State for economy and because the path to the full fed- Washington, DC. fiscal year 2013, and for other purposes, DEAR MR. SPEAKER: This is to notify you as amended, on which the yeas and eral minimum wage for this territory is a nec- formally pursuant to Rule VIII of the Rules essarily long one, Congress must be flexible of the House of Representatives that I have nays were ordered. over time with the minimum wage schedule in been served with a subpoena for documents, The Clerk read the title of the bill. response to changing economic conditions. issued by the Supreme Court of the State of The SPEAKER pro tempore. The Congress must also maintain the clear re- New York, County of Queens. question is on the motion offered by

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.029 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4893 the gentlewoman from Florida (Ms. Royce Sires Visclosky MOMENT OF SILENCE IN REMEM- Runyan Slaughter Walden ROS-LEHTINEN) that the House suspend BRANCE OF MEMBERS OF Ruppersberger Smith (NE) Walz (MN) the rules and pass the bill, as amended. Rush Smith (NJ) Wasserman ARMED FORCES AND THEIR The vote was taken by electronic de- Ryan (OH) Smith (TX) Schultz FAMILIES Ryan (WI) Smith (WA) Waters vice, and there were—yeas 333, nays 61, ´ The SPEAKER pro tempore (Mr. Sanchez, Linda Southerland Watt not voting 37, as follows: T. Speier Waxman PITTS). The Chair would ask all present Sanchez, Loretta Stark Webster to rise for the purpose of a moment of [Roll No. 469] Sarbanes Sullivan Welch silence. YEAS—333 Scalise Sutton Schakowsky Terry Whitfield The Chair asks that the House now Aderholt Diaz-Balart LoBiondo Schiff Thompson (CA) Wilson (FL) observe a moment of silence in remem- Alexander Dingell Loebsack Schilling Thompson (MS) Wilson (SC) Altmire Dold Lofgren, Zoe Schock Thompson (PA) Wittman brance of our brave men and women in Amodei Donnelly (IN) Long Schwartz Thornberry Wolf uniform who have given their lives in Andrews Doyle Lowey Scott, David Tiberi Womack the service of our Nation in Iraq and Austria Dreier Lucas Sensenbrenner Tierney Woodall Afghanistan and their families, and of Baca Duffy Luetkemeyer Serrano Towns Woolsey Bachus Duncan (SC) Luja´ n Sessions Tsongas Yarmuth all who serve in our Armed Forces and Baldwin Edwards Lummis Sherman Turner (NY) Yoder their families. Lungren, Daniel Barber Ellison Shimkus Turner (OH) Young (AK) Barletta Ellmers E. Shuler Upton Young (FL) f Barrow Engel Lynch Shuster Van Hollen Young (IN) Bartlett Eshoo Maloney Simpson Vela´ zquez INSULAR AREAS ACT OF 2011 Barton (TX) Farenthold Manzullo Bass (CA) Farr Marino NAYS—61 The SPEAKER pro tempore. Without Bass (NH) Fattah Markey Adams Garrett Price (GA) objection, 5-minute voting will con- Becerra Fitzpatrick Matheson Amash Gibbs Quayle tinue. Benishek Forbes Matsui Bachmann Gibson Ribble Berg Fortenberry McCarthy (CA) There was no objection. Bishop (UT) Gingrey (GA) Rigell The SPEAKER pro tempore. The un- Berkley Frank (MA) McCarthy (NY) Black Gohmert Berman Frelinghuysen McCaul Roe (TN) finished business is the vote on the mo- Blackburn Goodlatte Rooney Biggert Fudge McCollum Brooks Gowdy tion to suspend the rules and pass the Bilbray Gallegly McDermott Ross (FL) Broun (GA) Graves (GA) Schmidt bill (S. 2009) to improve the administra- Bilirakis Garamendi McGovern Burgess Griffith (VA) Schweikert Bishop (GA) Gerlach McHenry Conaway Harris tion of programs in the insular areas, Scott (SC) Bishop (NY) Granger McIntyre Cravaack Huizenga (MI) and for other purposes, on which the Blumenauer Graves (MO) McKeon DesJarlais Hurt Scott, Austin Bonamici Green, Gene McKinley Stearns yeas and nays were ordered. Duncan (TN) Jones The Clerk read the title of the bill. Bonner Griffin (AR) McMorris Emerson Jordan Stutzman Bono Mack Grijalva Rodgers Fincher Lamborn Tipton The SPEAKER pro tempore. The Boswell Grimm McNerney Fleischmann Marchant Tonko question is on the motion offered by Boustany Guinta Meehan Fleming McClintock Walberg the gentlewoman from Florida (Ms. Brady (PA) Guthrie Meeks Flores Murphy (PA) Walsh (IL) Brady (TX) Hall Mica Foxx Neugebauer West ROS-LEHTINEN) that the House suspend Braley (IA) Hanabusa Michaud Franks (AZ) Palazzo Westmoreland the rules and pass the bill. Brown (FL) Hanna Miller (FL) Gardner Posey Bucshon Harper Miller (MI) This is a 5-minute vote. Buerkle Hartzler Miller (NC) NOT VOTING—37 The vote was taken by electronic de- Burton (IN) Hastings (FL) Miller, Gary Ackerman Green, Al Murphy (CT) vice, and there were—yeas 378, nays 11, Calvert Hastings (WA) Miller, George Akin Gutierrez Napolitano not voting 42, as follows: Camp Hayworth Moore Boren Hahn Canseco Heck Moran Paul [Roll No. 470] Buchanan Hirono Cantor Heinrich Mulvaney Platts Butterfield Israel YEAS—378 Capito Hensarling Myrick Poe (TX) Campbell Jackson (IL) Capps Herger Nadler Polis Adams Burgess Davis (IL) DeFazio Jackson Lee Capuano Herrera Beutler Neal Reyes Aderholt Burton (IN) Davis (KY) Dicks (TX) Cardoza Higgins Noem Richmond Alexander Calvert DeGette Doggett Johnson (IL) Carnahan Himes Nugent Schrader Altmire Camp DeLauro Filner Kingston Carney Hinchey Nunes Scott (VA) Amash Canseco Denham Flake Labrador Carson (IN) Hinojosa Nunnelee Sewell Amodei Cantor Dent Gonzalez Landry Carter Hochul Olson Andrews Capito DesJarlais Gosar Mack Stivers Cassidy Holden Olver Austria Capps Deutch Castor (FL) Holt Owens b 1854 Baca Capuano Diaz-Balart Chabot Honda Pallone Bachmann Carnahan Dingell Chaffetz Hoyer Pascrell Mrs. SCHMIDT, Messrs. FINCHER, Bachus Carney Dold Chandler Huelskamp Pastor (AZ) BROUN of Georgia, HURT, PRICE of Baldwin Carson (IN) Donnelly (IN) Barber Carter Doyle Chu Hultgren Paulsen Georgia, Mrs. BLACKBURN, Messrs. Cicilline Hunter Pearce Barletta Cassidy Dreier Clarke (MI) Issa Pelosi ROE of Tennessee, GARDNER, GAR- Barrow Castor (FL) Duffy Clarke (NY) Jenkins Pence RETT, GRAVES of Georgia, FLEMING, Bartlett Chabot Duncan (SC) Clay Johnson (GA) Perlmutter Mrs. BACHMANN, Mrs. BLACK, Barton (TX) Chaffetz Duncan (TN) Cleaver Johnson (OH) Peters Bass (NH) Chandler Edwards Clyburn Johnson, E. B. Peterson Messrs. GINGREY of Georgia, Becerra Chu Ellison Coble Johnson, Sam Petri SCHWEIKERT, MURPHY of Pennsyl- Benishek Cicilline Ellmers Coffman (CO) Kaptur Pingree (ME) vania, and MARCHANT changed their Berg Clarke (MI) Emerson Berkley Clarke (NY) Engel Cohen Keating Pitts vote from ‘‘yea’’ to ‘‘nay.’’ Cole Kelly Pompeo Berman Clay Eshoo Connolly (VA) Kildee Price (NC) Mr. ROHRABACHER changed his Biggert Clyburn Farenthold Conyers Kind Quigley vote from ‘‘nay’’ to ‘‘yea.’’ Bilbray Coble Farr Cooper King (IA) Rahall So (two-thirds being in the affirma- Bilirakis Coffman (CO) Fattah Bishop (GA) Cohen Fincher Costa King (NY) Rangel tive) the rules were suspended and the Costello Kinzinger (IL) Reed Bishop (NY) Cole Fitzpatrick Courtney Kissell Rehberg bill, as amended, was passed. Bishop (UT) Conaway Fleischmann Crawford Kline Reichert The result of the vote was announced Black Connolly (VA) Fleming Crenshaw Kucinich Renacci as above recorded. Blackburn Conyers Flores Critz Lance Richardson Blumenauer Cooper Forbes Crowley Langevin Rivera A motion to reconsider was laid on Bonamici Costa Fortenberry Cuellar Lankford Roby the table. Bonner Costello Foxx Culberson Larsen (WA) Rogers (AL) Stated for: Bono Mack Courtney Frank (MA) Boswell Cravaack Franks (AZ) Cummings Larson (CT) Rogers (KY) Mr. FILNER. Mr. Speaker, on rollcall 469, I Davis (CA) Latham Rogers (MI) Boustany Crawford Frelinghuysen Davis (IL) LaTourette Rohrabacher was away from the Capitol due to prior com- Brady (PA) Crenshaw Fudge Davis (KY) Latta Rokita mitments to my constituents. Had I been Brady (TX) Critz Gallegly DeGette Lee (CA) Ros-Lehtinen Braley (IA) Crowley Garamendi present, I would have voted ‘‘yea.’’ Brooks Cuellar Gardner DeLauro Levin Roskam Mrs. NAPOLITANO. Mr. Speaker, on rollcall Denham Lewis (CA) Ross (AR) Brown (FL) Culberson Garrett Dent Lewis (GA) Rothman (NJ) No. 469, had I been present, I would have Bucshon Cummings Gerlach Deutch Lipinski Roybal-Allard voted ‘‘yea.’’ Buerkle Davis (CA) Gibbs

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.033 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4894 CONGRESSIONAL RECORD — HOUSE July 17, 2012 Gibson Maloney Ross (FL) Jackson Lee McMorris Reyes Lieutenant Colonel Tisdale grew up Gingrey (GA) Manzullo Rothman (NJ) (TX) Rodgers Richmond Goodlatte Marchant Roybal-Allard Johnson (IL) Murphy (CT) Schrader in Alvin, Texas, and went to Texas Gowdy Marino Royce Kingston Paul Scott (VA) A&M University, where he was a mem- Granger Markey Runyan Labrador Platts Sewell ber of the Corps of Cadets. After grad- Graves (GA) Matheson Ruppersberger Landry Poe (TX) Smith (TX) uating from Texas A&M in 1993, he was Graves (MO) Matsui Rush Mack Polis Stivers Green, Gene McCarthy (CA) Ryan (OH) commissioned as an Army infantry of- Griffin (AR) McCarthy (NY) Ryan (WI) b 1904 ficer. He served two full tours in Iraq, Griffith (VA) McCaul Sa´ nchez, Linda Mr. RIBBLE changed his vote from two full tours in Afghanistan, and Grijalva McClintock T. Grimm McCollum Sanchez, Loretta ‘‘aye’’ to ‘‘no.’’ made additional short visits to both Guinta McDermott Sarbanes So (two-thirds being in the affirma- theaters. Guthrie McGovern Scalise tive) the rules were suspended and the At the time of his tragic death, Lieu- Hall McHenry Schakowsky bill was passed. tenant Colonel Tisdale was commander Hanabusa McIntyre Schiff The result of the vote was announced Hanna McKeon Schilling of the 525th Brigade Special Troops Harper McKinley Schock as above recorded. Battalion, 525th Battlefield Surveil- Harris McNerney Schwartz A motion to reconsider was laid on lance Brigade, stationed in Fort Bragg, Hartzler Meehan Schweikert the table. North Carolina. Hastings (FL) Meeks Scott (SC) Stated for: Hastings (WA) Mica Scott, Austin During his 19 years of service to our Hayworth Michaud Scott, David Mr. FILNER. Mr. Speaker, on rollcall 470, I country, Lieutenant Colonel Tisdale Heck Miller (FL) Sensenbrenner was away from the Capitol due to prior com- earned many awards and recognitions. Heinrich Miller (MI) Serrano mitments to my constituents. Had I been He earned the Bronze Star Medal, the Hensarling Miller (NC) Sessions present, I would have voted ‘‘aye.’’ Herrera Beutler Miller, Gary Sherman Purple Heart, the Meritorious Service Higgins Miller, George Shimkus f Medal, the Army Commendation Himes Moore Shuler Medal, the Army Achievement Medal, Hinchey Moran Shuster HONORING HOWARTH TAYLOR Hinojosa Murphy (PA) Simpson (Mr. CRAWFORD asked and was the Joint Military Unit Award, the Na- Hochul Myrick Sires given permission to address the House tional Defense Service Medal, the Meri- Holden Nadler Slaughter torious Unit Citation, the Afghanistan Holt Napolitano Smith (NE) for 1 minute.) Honda Neal Smith (NJ) Mr. CRAWFORD. Mr. Speaker, I rise Campaign Medal, the Iraq Campaign Hoyer Neugebauer Smith (WA) today to honor Mr. Howarth Taylor on Medal, the Global War on Terrorism Hultgren Noem Southerland being inducted into the Arkansas Agri- Service Medal, the Army Service Rib- Hunter Nugent Speier bon, the Overseas Service Ribbon, the Hurt Nunes Stark culture Hall of Fame. For over 60 Issa Nunnelee Stearns years, Mr. Taylor has been a pillar of NATO Medal, the Air Assault Badge, Jenkins Olson Sullivan his community. the Combat Infantryman Badge, the Johnson (GA) Olver Sutton Before starting a career in agri- Expert Infantryman Badge, and Senior Johnson (OH) Owens Terry Johnson, E. B. Palazzo Thompson (CA) culture, Mr. Taylor demonstrated a Parachutist Badge. Johnson, Sam Pallone Thompson (MS) strong commitment to our country as b 1910 Jones Pascrell Thompson (PA) a member of the Greatest Generation. Jordan Pastor (AZ) Thornberry Mr. Taylor was a prisoner of war fol- On July 5, the life of Lieutenant Kaptur Paulsen Tiberi Colonel Tisdale was remembered at Keating Pearce Tierney lowing the Battle of the Bulge in Ger- Kelly Pelosi Tipton many. For his service, Mr. Taylor Central Baptist Church of Bryan, Kildee Pence Tonko earned a Purple Heart and a Prisoner Texas, and he was later laid to rest at Kind Perlmutter Towns the Aggie Field of Honor in College King (IA) Peters Tsongas of War Medal. King (NY) Peterson Turner (NY) Mr. Taylor started out as a tenant Station, Texas. Kinzinger (IL) Petri Turner (OH) farmer growing corn and soybeans. In response to the activities of an ex- Kissell Pingree (ME) Upton Soon after he moved to Hickory Ridge, tremist group that protests at Amer- Kline Pitts Van Hollen ican military funerals, over 600 college Kucinich Pompeo Vela´ zquez Arkansas, he bought an 850-acre farm Lamborn Posey Visclosky and established Taylor Seed Company. students and community members, a Lance Price (GA) Walberg Today Mr. Taylor farms over 3,000 majority of them Texas Aggies, came Langevin Price (NC) Walden acres and grows, processes, stores, and together to form a ‘‘Maroon Wall’’ to Lankford Quayle Walsh (IL) prevent those protests from disrupting Larsen (WA) Quigley Walz (MN) sells rice, soybeans, oats, and wheat Larson (CT) Rahall Wasserman seed to farmers throughout Arkansas. the funeral and burial. America should Latham Rangel Schultz By devoting his entire operation to be proud of this community of patri- LaTourette Reed Waters otic and respectful Americans that Latta Rehberg Watt seed production, Mr. Taylor is able to Lee (CA) Reichert Waxman produce a very high-quality product. came together to honor the service and Levin Renacci Webster Mr. Taylor and his wife, Ella, raised sacrifice of Lieutenant Colonel Tisdale Lewis (CA) Richardson Welch six children on their farm and in 1969 and ensure that he was given the re- Lewis (GA) Rigell West spect that he deserved. Lipinski Rivera Whitfield were named the State’s Farm Family LoBiondo Roby Wilson (FL) of the Year. He has been an active Our thoughts and prayers are with Loebsack Roe (TN) Wilson (SC) member of the Cross County Farm Bu- the family and friends of Army Lieu- Lofgren, Zoe Rogers (AL) Wittman tenant Colonel Roy Tisdale. He will Long Rogers (KY) Wolf reau board of directors since 1952 and Lowey Rogers (MI) Womack served as president for 3 years. The forever be remembered as an out- Lucas Rohrabacher Woolsey Taylors are also active in their com- standing soldier, husband, and father. Luetkemeyer Rokita Yarmuth munity, local schools, and the Hickory We thank him and his family for their Luja´ n Rooney Yoder service and sacrifice for our country. Lungren, Daniel Ros-Lehtinen Young (AK) Ridge Missionary Baptist Church. E. Roskam Young (FL) Congratulations, Mr. Taylor. His sacrifice reflects the words of Jesus Lynch Ross (AR) Young (IN) f in John 15:13, ‘‘Greater love hath no man than this, that a man lay down his NAYS—11 CLEARING THE NAMES OF JOHN life for his friends.’’ Broun (GA) Lummis Stutzman BROW AND BROOKS GRUBER Continuing a distinguished heritage Gohmert Mulvaney Westmoreland Huelskamp Ribble Woodall The SPEAKER pro tempore (Mr. of military service for our country, Huizenga (MI) Schmidt FARENTHOLD). Under the Speaker’s an- Lieutenant Colonel Tisdale is the 27th nounced policy of January 5, 2011, the Texas Aggie to die in the service of our NOT VOTING—42 gentleman from Texas (Mr. FLORES) is country since 9/11. He, like tens of Ackerman Cleaver Green, Al recognized for 60 minutes as the des- Akin DeFazio Gutierrez thousands of Aggies before him, an- Bass (CA) Dicks Hahn ignee of the majority leader. swered ‘‘Here,’’ when his country Boren Doggett Herger HONORING LIEUTENANT COLONEL ROY TISDALE called. Buchanan Filner Hirono Mr. FLORES. Mr. Speaker, on June God bless our military men and Butterfield Flake Israel 28, America lost another hero, Army women, and God bless America. Campbell Gonzalez Jackson (IL) Cardoza Gosar Lieutenant Colonel Roy Lin Tisdale. I yield back the balance of my time.

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.022 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4895 The SPEAKER pro tempore. The gen- cident there were three marines there piece on this accident 2 years after it tleman from North Carolina (Mr. from New River, which is in my dis- happened. JONES) will control the remainder of trict of eastern North Carolina. These b 1920 the hour. three investigators, Colonel Mike Mor- Mr. JONES. Mr. Speaker, it is 10 gan—and I will mention his name sev- And yet everything in that ‘‘60 Min- years ago that I was contacted by eral times in the next 30 minutes—and utes’’ showed that these fellows were Connie Gruber. On April 8, 2000, 19 ma- also Colonel Ron Radich and Major put into a situation that they were not rines were killed in a V–22 Osprey crash Phil Stackhouse were sent to Arizona trained for, they did not know how to in Marana, Arizona. the day after the accident. Nineteen react to—an issue called vortex ring Mr. Speaker, I show this tonight be- marines were killed and the two pilots state. And I’ll touch on that in just a cause so many people do not under- that I just mentioned. These three ma- moment. The real tragedy of all this is all the stand what a V–22 is. It is the kind of rines were sent there by the Marine families want is an official document plane that’s basically a helicopter that Corps to investigate the accident. And that was will say their husbands are can become a plane because it would go they wrote what is called the JAGMAN not at fault. from the helicopter mode to an air- report. Mr. Speaker, it’s gotten kind of iron- This is what the two wives are ask- plane mode. And so, therefore, the V– ic to me because we have spent 10 ing. The lawsuits are over—and I’ll 22, again, at the time of this crash was years—I’m not going to try to say to touch on that in just a moment. Bell- still an experimental plane. In fact, at you tonight, Mr. Speaker, or to anyone Boeing settled for millions of dollars to the time of the crash, Secretary of De- that might be watching that we have the 19 marines and their families. And fense Dick Cheney spoke out to Con- spent every day, every week, every all the two wives have been asking for gress, both House and Senate, that he month for 10 years, but this has been a 10 years is a clarification of whether wanted to eliminate the program. He 10-year effort to do what is right for their husbands were at fault or not at did not think the V–22 was the right in- these two marines who gave their life fault. And I’m going to show you to- vestment by the United States Marine for this country. Corps. night, Mr. Speaker, in the next 30 min- I got very frustrated in March of 2010. It so happens that one of the pilots, utes that the pilots were not at fault. I could not get the response from the All they would like of the United Major Brooks Gruber and his wife, Marine Corps that I would hope—not States Marine Corps, which I have Connie, and his little girl named for me because I’m a Member of Con- great respect for, is to issue a letter on Brooke live in the Third District of gress, but for the wives and the chil- the Commandant’s stationery that North Carolina, which I represent. The dren to clear the names. I contacted says Lieutenant Colonel John Brow, pilot was Colonel John Brow. His wife, Trish Brow. I said, Trish, I need some pilot, was not at fault for the accident Trish, and his sons Michael and Mat- help. I don’t know who to contact, but on April 8, 2000, at Marana, Arizona. thew live in California, Maryland. somebody has to join me in this effort, Then, what Connie Gruber would like, Connie contacted me. I want to read, because I don’t think I can get it done the wife of the copilot, Major Brooks Mr. Speaker, what she said. These are by myself. taken from a full letter, but I’ll read Gruber, is that her husband was not at Mr. Speaker, I’ve always given credit just parts of it to make my point to- fault for the accident that killed 19 ma- to God for anything that I did that was night: rines. Mr. Speaker, again, the lawsuits worthwhile, but I needed the help. She General James Jones is fully aware of my are over. Everything has been settled. said, Have you ever spoken to Colonel concerns and has apparently supported Gen- But all the two wives want is their hus- Jim Schafer? He was a friend of John erals Nyland and Hough in denying my re- bands to lie in that grave and not feel Brow and a friend of Brooks Gruber, quest for a ‘‘no fault’’ amendment to my that they’re responsible for that acci- husband’s accident report. He has refused to and he was in the air. There were four dent because, Mr. Speaker, they were V–22s flying, and he was one of them. help me. That is exactly the reason I felt it not responsible. necessary to contact you as well as other re- So I called Colonel Jim Schafer, and I want to thank Congressman STENY spected leaders. he said to me, Congressman, whatever HOYER from Maryland for joining in She further stated in that letter to I can do to help you clear the names of this effort because John Brow’s wife, these two pilots, I will do it. me: Trish, and her sons, Matthew and Mi- My husband’s life was sacrificed for the Os- He joined us, and, in fact, in the year chael, live in California, Maryland. 2011, he and I made a presentation to prey, the Marine Corps, and for this Nation. They’re his constituents. I want to I hope you understand why I cannot allow the Commandant of the Marine Corps. his good name to be sacrificed, too. Please thank NORM DICKS from the State of And I thought Jim Schafer did a mag- remember, these 19 marines can no longer Washington. I’m sorry that he’s not nificent job. With tears in his eyes, he speak for themselves. I certainly am not running for reelection. He’s a very fine told the Commandant that these fel- afraid to speak for them, and I believe that gentleman and a Member of the House. lows had not been trained, they were somebody has to. Even though it is easier But he’s decided not to run for reelec- not equipped, the plane had no warning put to rest and forgotten, please join me in tion. He has joined and said, Let us doing the right thing by taking the time to system to the vortex ring state which help you. affects the nacelles on the twin en- address this important issue. Mr. Speaker, a lawyer for the two Given the controversy of this aircraft and gines. So therefore, he said, What can I the Marine Corps’ vested interest, surely families, Jim Furman, in Texas, who do? there is an unbiased, ethical way to right- defended these two pilots and won the I’m sorry. But, at that time, we were fully absolve these pilots. Please help me by major award from Bell-Boeing, which not convincing enough to the Marine not only forwarding my request but by also has not been made public, and cannot Corps to give the wives the two letters. supporting it. be—they settled with the two wives of Mr. Speaker, I’d like to share with Mr. Speaker, I tonight want to show John Brow and Brooks Gruber—Jim you that what created the problem the face of the pilot. Again, for those Furman has joined us and said their after the accident on April 8 was actu- that might be watching this tonight in names need to be cleared. They were ally the press release by the United their homes, this is an Osprey, the V– not at fault. In addition, the attorney States Marine Corps. The Commandant 22. At the time of this accident there for the 17 marines who were killed in at the time—a very fine gentleman, were many, many questions. And I will the back of that plane, Brian Alex- I’ve met with him several times. I touch on those questions in the next ander and his associate, Francis think the world of him. We are not re- few minutes, Mr. Speaker. But this is Young, in New York, have joined. Peo- lated, even though my name is Jones— the pilot. His name is Colonel John ple like Phil Coyle have joined. Rex was Commandant Jim Jones. But the Brow. The copilot is Major Brooks Rivolo has joined. These were experts press release stated, on July 27 of 2000— Gruber. He is to the left of the poster within the DOD system that knew this April 8 was the accident. This is a of John Brow. plane and know that these gentlemen quote that gave the problem: Mr. Speaker, I cannot continue to- were not at fault. And even though he Unfortunately, the pilots’ drive to accom- night without letting the American is deceased—and God rest his soul— plish that mission appears to have been the people know that shortly after the ac- Mike Wallace did a major ‘‘60 Minutes’’ fatal factor.

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.038 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4896 CONGRESSIONAL RECORD — HOUSE July 17, 2012 Mr. Speaker, I’m going to read that Mr. Speaker, he further states, and and lack of understanding how vortex again. This is the press release from let me read this for the RECORD, please, ring state/power settling would actu- the United States Marine Corps after sir: ally effect the Osprey in real-world sit- this tragic accident in Arizona. Brow and Gruber did nothing but try to uations and simulated real-world train- Unfortunately, the pilots’ drive to accom- maintain position on their flight lead. Did ing.’’ plish that mission appears to have been the they fail to recognize they were in a dan- Mr. Speaker, this is the whole thing. fatal factor. gerous situation? Absolutely. Were they I’ll close on Mr. Stackhouse, and then Mr. Speaker, again, I want to thank properly trained for such a situation? Abso- I will read two others very quickly. Colonel Mike Morgan, Retired. I want lutely not. Stackhouse, one of the investigators, to thank Colonel Ron Radich, Retired, Mr. Speaker, that’s why this 10-year said: and Phil Stackhouse, Major, Retired, journey has meant so much to me. I did For any record that reflects the mishap for joining me in trying to clear the not know these men. I know the fami- was a result of pilot error, it should be cor- names of these two pilots. lies now. But these marines were in the rected. For any publication that reflects the It so happens in a recent email from cockpit of a V–22, an experimental air- mishap was a result of pilot error, it should Colonel Morgan, one of the three inves- plane that Bell-Boeing did not do the be corrected and recanted. tigators, I read his quote: research that they should have done to Again, this is one of the three inves- This is the crux of the issue; there is noth- prepare these men for what was com- tigators. I’ll read the others very ing in the JAG investigation that says that ing. Again, the problem is called vortex quickly, Mr. Speaker. This is from the pilots are at fault. If you change ‘‘pilots’’ ring state. This is pretty well known in Mike Morgan. He supports my effort to to ‘‘flight leaders,’’ the statement, in my airplanes, but, Mr. Speaker, not in the clear the names of John Brow and opinion, is correct, and the investigation so Osprey in these nacelles. It was not Brooks Gruber. He further states that: much as brings that out. fully understood. The judge advocate general (JAG) mishap Why is it clear to the Blue Ribbon In fact, Tom MacDonald, experi- report, and over 20 binders of evidence pro- panel that was set up after this acci- mental pilot for Bell-Boeing, spent 700 vided, clearly focuses on the consequences of dent and not the Commandant of the hours, Mr. Speaker, 700 hours trying to encountering vortex ring state in a tilt-rotor Marine Corps’ office? Because at that figure out after this crash: What do aircraft and questionable flight management time the Blue Ribbon panel was not you do? How do you react? How do you of Nighthawk 72 (lead aircraft) as the key worried about fielding a new and con- respond to vortex ring state? contributing factors, among many. In my troversial aircraft, which I just talked Mr. Speaker, what is so sad is they opinion, as a former USMC weapons and tac- tics instructor/flight leader/mission com- about Dick Cheney’s being opposed to now have warning systems on the soft- mander, John Brow and Brooks Gruber per- it. This was the second plane behind a ware. They have even a voice that formed as model wingmen on this mission. lead plane. It was Nighthawk 71 and comes on the helmet that says sync, They were doing exactly what is expected of Nighthawk 72. Nighthawk 72 crashed. sync, sync, meaning you’re in trouble, a wingman on a tactical flight. In the official report that Lieutenant react, react. Brow and Gruber had none Mr. Speaker, the reason for reading Colonel Morgan made reference to, the of that information. In fact, the that is that I want to restate that the JAGMAN report, and I want to read NATOPS manual that was in their lap three investigators of the V–22 crash, this, Mr. Speaker, the official the moment before they crashed and they know John Brow and Bruce JAGMAN investigation was released in burned, it had one page and a para- Gruber were not at fault. the following months, and the inves- graph on vortex ring state. And, Mr. Mr. Speaker, I am a man of strong re- tigators, Morgan, Stackhouse, and Speaker, it was written by an Army ligious faith, but I cannot imagine Radich, testified by saying, and I helicopter pilot who had never been in being the pilot and copilot, with 17 quote, Mr. Speaker: the V–22. young marines sitting in the back of During this investigation, we found noth- Mr. Speaker, now the NATOPS man- your plane, and all of a sudden you are ing that we would characterize as negligent, ual that the V–22 pilots have is six hit with a situation that you don’t un- deliberate pilot error or maintenance/mate- pages about vortex ring state and how derstand. You don’t know how to react, rial failure. you react to that ring state. you’ve never been trained, you have no Mr. Speaker, the word ‘‘deliberate’’ b 1930 warning system, but something’s not bothered me so much that I wrote to right as that plane is beginning to Colonel Morgan, and I said, Sir, would Mr. Speaker, I’m just going to take a few more minutes, and then I will close shake. These gentlemen did everything you please explain why you used the that they could. John Brow and Brooks word ‘‘deliberate’’? And I’ll read his tonight. I want to thank the staff for staying late for me to have this oppor- Gruber, they did everything they could comments back to me, Mr. Speaker: do to save that flight, and yet it was My personal feeling and opinion supported tunity, but I do want to restate what the investigators are saying. out of their control because they had by my interviews with the lead flight crew is not been trained. They flipped; and on that the mishap aircraft—— I contacted them and asked them if April 8, a very unbelievable fire took That’s 72 now, these two men were they would be willing to write me a letter that I could use in trying to clear place when that plane hit. flying it. All the wives are asking for is one of- —had no idea they had exceeded any flight the names of John Brow and Brooks Gruber. I’m going to read just a few ficial document from the Marine Corps. parameters. They were merely trying to re- Mr. Speaker, I must say before I close main in position on a flight lead trying to parts of this, and then I’ll close in just salvage a bad approach. a few minutes, Mr. Speaker. tonight that I want to thank the Ma- rine Corps. They have agreed to meet Mr. Speaker, what he is saying is This is from Phil Stackhouse: with the two investigators—the third that these two men, in a new experi- I do not believe that it would be a surprise one lives in California, Ron Radich. I mental airplane, were following behind to anyone that it is my opinion the mishap want to thank him for his strong let- on a mission that never should have was not a result of pilot error, but was the result of a perfect storm of circumstances. ter, but he will not be here—he can- been ordered by the Marine Corps to During the conduct of the investigation, we not—but his letter will stand to speak begin with. These two men are in the collected some 20 binders of evidence. for him. second plane. They are following the I’m going to just skip from one para- The Marine Corps has agreed to give lead. The lead got into trouble, and graph to another. ‘‘This includes, for us a meeting with the representative of they followed the lead. example, compressed testing and eval- the Marine Corps and try to come up That is why I want to repeat again, uation’’—that means they did not do with some language that will be ac- Mr. Speaker, Lieutenant Colonel Mor- the test on this issue of vortex ring ceptable to the two families. I’m going gan, the word ‘‘deliberate’’: state; they had no way to evaluate it to ask the commandant of the Marine My personal feeling and opinion supported because they didn’t test it—‘‘created Corps—I doubt if he will do it—but do by my interviews with the lead aircraft is that mishap aircraft had no idea they had by deadlines, funding, and mainte- something right for the Corps that so exceeded any flight parameters. They were nance; the omission of important test- many American people, including my- merely trying to remain in a position of a ing and evaluation missions; the ac- self, have the greatest respect for; flight lead trying to salvage a bad approach. tions of the lead aircraft in the section; bring the two wives and their children

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.039 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4897 to your office and say: I have an offi- was a man of humility, and I try to I thank the President for bringing cial letter for you that will clearly walk in the light of Christ. the Iraq war to an end. And now there’s state that your husbands were not at If we ever accomplish anything for yet another task for all of us to do, and fault for this accident. Mr. Speaker, I this country, no matter what faith my that is to end this continued use and hope that’s what will come from this colleagues might be, just remember abuse of the American soldiers. They meeting in the next couple of weeks. that accomplishing truth and integrity endure much, and it’s time for us to It’s one of those things in life that for John Brow and Brooks Gruber will bring them home. Members of Congress get involved in be God’s will and not mine. That gives We thank them for their service. We that you don’t ask for, but you feel me one thought, and then I will close. see them as they return. that there’s a reason that someone has Voltaire said 1,000 years ago: Some of my colleagues and I are come to you and said, my husband can- To the living we owe respect, but to the working on a major effort to try to not defend himself anymore, yet be- dead we owe only the truth. deal with more than 365,000 of those cause of one press release that indi- Mr. Speaker, as I always close on the men and women that have returned cated these pilots were descending too floor of the House, because it’s time to that are suffering from posttraumatic quickly, they did not know what they get our troops out of Afghanistan, stress syndrome, dealing with every- were doing at the time, there was no they’ve done their jobs, bid Laden is thing from suicides to depression and indication on their software panel that dead, al Qaeda has been dispersed other issues as they return home, and they were in trouble. So my hope is, around the world, it’s time to bring many of them still in the military Mr. Speaker, that the Marine Corps them home. I’ve seen too many at Wal- dealing with those issues. will give Connie Gruber and Trish Brow ter Reed and Bethesda without legs and We also have the traumatic brain what they’re asking for. arms. issues, and so there’s much to be done. Mr. Speaker, because I want to give And there will be much more to be b 1940 God credit if we ever clear the names of done for those that are currently suf- these two pilots, I’ve asked God to Spending money we don’t have over fering. And the longer this war in Af- please give me the energy and the there, cutting programs for children ghanistan continues, the more men and strength to go with Connie Gruber and and senior citizens here in America, I women will be suffering from all sorts her daughter Brooke down to Jackson- don’t know, it doesn’t make any sense. of medical, physical, and mental ville, North Carolina, to the grave of But on behalf of the families that I issues. her husband and Brooke’s father. I talked about tonight, Colonel John So, WALTER, thank you so very much want to say to Major Gruber: Sir, no Brow’s family, Major Brooks Gruber’s for what you’re doing here on the floor one will ever question your integrity or family, and all of our men and women day in and day out and reminding us your honor again. It has been done. in uniform and their families across that it’s time for us to end this war. What I want to spend some time on You can rest in peace because you the world, I will close and yield back. today is really talking about America’s won’t be blamed. I ask God to please bless our men and Then, Mr. Speaker, I want to go with women in uniform. I ask God to please middle class. The middle class in Trish Brow to Arlington Cemetery, and bless the families of our men and America has suffered. For the last 25 I want to stand with Matthew and Mi- women in uniform. I ask God to hold in years, the American middle class’s circumstances have stagnated, and in the chael, the two young boys that never His loving arms the families who have last 5 years—actually, 6 years—have got a chance to know their daddy— given a child dying for freedom in Af- seriously declined. We’ve seen this in they’re young men now, they’re in ghanistan and Iraq. the statistics. We’ve seen them in the their early twenties, college students— I ask God to please bless the House economic statistics. and I want to say the same thing to and Senate, that we will do what is right in the eyes of God for God’s peo- The only way the American middle Colonel Brow: Sir, your reputation is class has been able to sustain its eco- secured. You will not be blamed any ple today and God’s people tomorrow. And I will ask, from the bottom of nomic position has been for both hus- longer for that crash on April 8. Mr. my heart, God please bless President band and wife or children to join in Speaker, with that, I will know that I Obama that he will do what is right in providing the income for the family. have fulfilled my duty as a Member of Your eyes, God, for Your people today It’s no longer a single-person income Congress. I will fulfill my duty as a and Your people tomorrow. sustaining the American middle class. man who believes in the truth and in- And, Mr. Speaker, with that I’ll say It is about our policies here on the tegrity. It is very important in my life. three times, God, please, God, please, floor of Congress and the Senate that And I will be able to say to Connie and God, please continue to bless America. has led to the decline of the American to Trish, if ever anybody prints again I yield back the balance of my time. middle class. Specific policies have that your husband was at fault, you f been enacted over the last two decades have an official document to call that that have hollowed out the opportuni- newspaper, call that TV station, call HEALTH CARE AND MAKING IT IN ties that the American middle class that reporter and say, Sir, I want a re- AMERICA has counted on, specifically, manufac- traction. I will send you a copy of the The SPEAKER pro tempore. Under turing in America. documentation that says that my fa- the Speaker’s announced policy of Jan- Once, 20 million Americans and their ther—that my husband and my friend’s uary 5, 2011, the gentleman from Cali- families were in the manufacturing husband were not at fault. fornia (Mr. GARAMENDI) is recognized sector. They enjoyed a good salary. A The reason I almost said ‘‘father,’’ as for 60 minutes as the designee of the good hourly wage was available to I’m closing, Mr. Speaker, I will tell you minority leader. them such that one individual in that that 4 or 5 years ago I was in Jackson- Mr. GARAMENDI. Mr. Speaker, be- family working in the manufacturing ville, North Carolina. Connie Gruber fore we start on our dialogue—I expect sector was able to support the family, invited me to a fall reunion at the to have my colleague from New York own a home, take a vacation, buy a church. I had a chance to meet Bruce here in a few minutes—I want to thank boat, provide for the college education. Gruber’s father, the major from Jack- my colleague from North Carolina, That is not the case today. Only 11 mil- sonville, North Carolina. That gen- WALTER JONES. lion and a few thousand beyond that tleman lives in Naples, Florida, with Mr. JONES, every day and every week are actually engaged in manufacturing his wife, and he came out and we you speak on this floor about the Af- in America today. spoke. He had tears in his eyes. Mr. ghanistan war and previously about So what happened to the 9 million? Speaker, he fought in Korea for this the Iraq war, and you carry a message They lost their jobs. Those jobs dis- country as a marine, and he said with that is extremely important, one that I appeared, not from the Earth, but dis- tears in his eyes: Congressman, I want agree with, and one that I would hope appeared from America. They went to thank you for trying to clear my that our colleagues here in Congress overseas. They were outsourced. Amer- son’s name. I said, Mr. Gruber, I will would take up this issue in a very ican jobs were outsourced. accept your kind words on behalf of my strong and determined way to bring Why? Well, they’d like to say it’s savior, Jesus Christ, because Christ this Afghanistan war to an end. simply the nature of the free market

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.040 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4898 CONGRESSIONAL RECORD — HOUSE July 17, 2012 system, and, indeed, that’s part of it. b 1950 nario where we all compete for the But that’s not all of it. A major part of I know that that is in the ether of right to serve the general public. it had to do with specific tax policies the mind-set of our business commu- Mr. GARAMENDI. Mr. TONKO, I am and other manufacturing industrial nity in that they know a productive really pleased that you brought that policies that were enacted by Congress workforce begins with the soundness of up. You have reminded me of a rather and remained on the books for some 20 a health care plan. We are the last in- lengthy article from The Sacramento years or more. dustrialized nation to come to the Bee. I am from California. Sacramento We need to address that issue be- table to begin to resolve that dilemma, has one of the hometown papers, and cause, if, in fact, it is the policies of and it has held back our business com- the Bee was writing a major article on this Congress and previous Congresses munity. What we will have with this the exchange. that have led to the great outsourcing important Affordable Care Act is the In the Affordable Care Act, there is and decline of the American manufac- opportunity for exchanges to be devel- an insurance exchange, and California turing sector and, along with it, the oped, either along the State line or in was the first State in the Nation to fol- American middle class, then there’s a national setting, that enables us to low up on the Affordable Care Act’s ex- something that we can do about it. provide for the opportunities for busi- change portion and to put in place a We make laws. We establish policies. ness and to do it in a way that is vastly law to build an exchange. Now, at least And if we find that there are policies improved over present situations. Sta- our Republican friends think that’s an that are contrary to the good ability of tus quo, just about everyone agrees, awful situation. Governor the American economy to prosper and will not cut it. It is unsustainable to Schwarzenegger, who was a Republican the middle class to prosper along with continue with a system of health care and is a Republican, signed that legis- it, then we ought to change those poli- delivery that we currently operate lation before he left office almost 2 cies. That’s what the Make It In Amer- under. years ago now. ica agenda is all about. This, I believe, will be welcome news So this article is very effusive and The Make It In America agenda is for our business community. They will upbeat about the establishment of an specifically designed to rebuild the have the opportunity to address this exchange in that they expect to have it American manufacturing sector. This dilemma which has found the business online. What they talked about, a lot is an issue that’s been taken up by the community, the small business com- of it, was of individuals who could get Democratic Caucus, led by our Minor- munity, to be paying anywhere from 18 insurance in a large pool and have the ity Whip, Mr. HOYER, and carried on by to 20 percent more than industrial set- same opportunities for reasonably my colleagues and I. So we’re going to tings and getting reduced services, or a priced policies as occurs in a big busi- talk a little bit about that. smaller bit of service package, than ness. I notice that my colleague from New the industrial setting would get. This They also spent a lot of time talking York (Mr. TONKO) has joined us. Mr. allows for better services at reduced about small businesses. How correct TONKO, we were going to start out on premiums that will enable them to you are that the Affordable Care Act health care, but we kind of morphed have that affordability factor ad- really offers small businesses an ex- into the issue of the American manu- dressed. To go to the marketplace with tremely important and heretofore un- facturing industry and the role of the that operational motif is going to be, I available opportunity to get insurance middle class. Now, the middle class, I went off on think, a very strong enhancer for the for the employer as well as for the em- manufacturing and the need to rebuild competitive edge of the American busi- ployees, and a very big subsidy is avail- that and the Make It In America agen- ness community. able for those small companies that da, but also, a key part of the inability So underpinning, supporting the choose to buy insurance. Up to 50 per- of the American middle class to sustain small business community, is impor- cent of the cost of the insurance could itself is health care. And the Affordable tant because, as we know, it is the be subsidized and costs reduced to the Health Care Act, which the Supreme driver; it is producing the great major- employer. Now, that’s a lot of money. Court recently confirmed was constitu- ity of new jobs in the private sector in It’s calculated at about $4,000 per em- tional, is constitutional, is a major ef- America today. If we can take that ployee if you’re looking at an $8,000 or fort on the part of the Democratic Con- outcome and enhance it by addressing $9,000 policy. So it’s really an impor- gress and President Obama to provide an Affordable Care Act that impacts tant opportunity. Why is that good for not only health care, but to lift up the soundly and progressively and posi- business? American middle class. tively the small business community, Go ahead, Mr. TONKO. So let’s hold, for a moment, the issue then we are doing something to in- Mr. TONKO. I was going to say, too, of Make It In America. We’ll come crease America’s growth in jobs. We do that many people will say, well, if the back to it in the latter half of this it also by having the ability to provide option is made available, which it is, hour. But let’s take up the health care for various tax credits that go toward why would they choose that? Why agenda, which I know you wanted to the small business community, espe- would they want to spend even if there speak to initially. cially for those that have 50 and fewer is a tax credit made available? While you’re doing that, I’m going to employees. Think about it. The sound business run and get a couple of placards that We have seen what an economic en- community leader is going to want to show what it is we’re talking about. gine the small business community is. recruit, and when you recruit and get Please, Mr. TONKO, from the great Since time beginning for this Nation, the best employees, you offer the best State of New York, part of the East- the small business community has been package, and you have, as a result, a West team. that pulse of American enterprise. It soundness in your workforce. Mr. TONKO. There you go. Always a has been that predictor of soundness, of Mr. GARAMENDI. Exactly. pleasure to join you on this House job creation, and of economic recovery. Mr. TONKO. So the management floor. And thank you for leading us in If we treat the small business commu- style is driving that sort of benefit so a very important discussion this nity with the respect and the dignity that you will reach to the program so evening here on the floor. and the assuredness that it requires, we as to recruit and retain quality work- It’s important for us to recognize have done something. We will be doing ers. I think that driving element will that for our business community to something. influence it more than anything, and compete, and compete effectively, they So, Representative GARAMENDI, I then the tax credits will become part need to be able to contain costs; they think it is important to understand and parcel to that package, which, as need to be able to have predictability and to outline that the Affordable Care you suggest, can be as great as 50 per- and stability in their day-to-day rou- Act is the beginning of providing that cent. This is a huge cost savings and a tine. And I think that the Affordable foundation for the small business com- sound policy to which they’re attach- Care Act takes us toward those goals. munity to have a sound workforce, ing. So I think it’s a benefit. It is a predictable outcome. It enables which is essential in this very competi- Mr. GARAMENDI. Absolutely true. our small business community to have tive sweepstakes for jobs and landing In addition to that, because of the ex- a sound and well workforce. contracts in that international sce- change situation, individuals as well as

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.043 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4899 businesses find themselves in a large I wish I’d had this law when I was in- work. As I started this discussion, pool. surance commissioner because I used talking about the laws of America, the Now, I was the insurance commis- to see this all the time when I’d get policies that have been enacted by this sioner in California for 8 years in the complaints. We had a consumer hot- Congress and by previous Congresses nineties and then again in 2000 with an line, and we would take several thou- and the way in which they impact the 8-year hiatus in between. I understand sand calls a week. We’d always get middle class of America, that impact that, in insurance, for it to work, you these complaints about: They dropped has been devastating on the middle need a very large, diverse population so my insurance. class for the last 20 years. It is our de- that the risk is spread. In the indi- b 2000 termination as Democrats to change vidual market today, you can’t get the policies so that the American mid- that; but in the exchange, the concept And we get from businesses, They dle class can once again thrive, so that is to allow all of these individuals and dropped my insurance. Why did they a family can enjoy the fruits of their these small businesses to be part of a drop the insurance? You said it right labor, and so that they can enjoy the very, very large pool so that they can on target. Suddenly one of the mem- potential that America brings to them. take advantage of the spreading of the bers of the workforce of a small group I notice that we’ve been joined by our risk and, therefore, the lower cost and of people had a significant illness. colleague from Pennsylvania. Please, the subsidy on top of that. When it came time for the annual re- join us. Thank you for coming in this One more thing. I was at a bagel newal—insurance is an annual thing evening and sharing with us your shop. It was in the early morning, and that is renewed every year—they heard thoughts. I needed a cup of coffee and a bagel, so back, I’m sorry. We can’t renew you Mr. ALTMIRE. I thank the gen- I stopped at a bagel shop. There was this year because we’re changing the tleman from California. the owner and one or two employees— market. All kinds of excuses. But the I was listening to the discussion, as I I think there were actually three. One reality was there was one sick person often do, and I wanted to bring a per- was in the back. I didn’t see that em- in that group. This law will end that. spective to join that discussion, Mr. ployee. We were talking about health There’s also the opportunity for peo- Speaker, as they were both talking insurance, and there was an excitement ple that have become unemployed in about health care. by this employer because she could get this economy to get a job, particularly As one who did not support the insurance. So it’s the employer as well if that person happens to be 50 years or health care bill originally, I do think as the two employees who were going older. That person today has a pre- it’s important to recognize, as has been to be able to get insurance. Previously, existing condition called ‘‘age.’’ happening in this discussion, what’s she couldn’t. She was a single mother They’re beginning to enter that part of working with regard to the health care with a new shop, opening it up—pretty life where you’re going to have more bill, what’s already been implemented good bagels and the coffee was very medical issues, and employers go, Wait that’s making a real difference in peo- good. Now she can get insurance a minute. We don’t have a position for ple’s lives. through the exchange. It was a new you. We’re not discriminating based on The reason I did not support repeal of shop, and income was going to be low, age, but your resume isn’t exactly the the health care bill both times we so she could also get the subsidy. For way it ought to be. It’s very difficult brought it up was because I have the the first time in many, many years for for a person 50 and older to get back fourth most Medicare beneficiaries of this woman—a divorcee whose husband into the workforce because of health any district in the country. I have went one way and she went the other, insurance. 135,000 Medicare beneficiaries. Many of who lost the insurance—she can get in- With the exchange and the anti-dis- them are caught in the doughnut hole, surance. crimination policies in the Affordable what we have come to know as that This is part of the Affordable Care Care Act, which we call the Patients’ gap in coverage in the Part D prescrip- Act, and it is specifically designed in a Bill of Rights, they will be able to get tion drug program. We are now enter- way to encourage businesses to provide back into the workforce. We’re talking ing the third year of the phase-in to insurance and, in that process, as you about people going back to work with completely close that doughnut hole. say, to find the good employees and health insurance no longer being a bar- Already, people who are in the dough- keep them. It’s very exciting. rier to employment. nut hole have received a $250 com- Mr. TONKO. If I might add, I know Mr. TONKO. Representative pensation for coverage through the that we want to get into the talk of job GARAMENDI, you cite a very awkward doughnut hole. They’re getting a steep creation, but if I might add some of the dynamic that can be used as a pre- discount on brand-name drugs. Moving dialogue that has been developed in the existing condition: age. How about gen- forward, as I say in the years to come, district I represent—and I’m sure it’s der? There are more and more small they’re going to completely close the not unique to the 21st District of New York. business startups that are women- doughnut hole and get coverage all the Again, there is this proliferation of owned businesses, women working in a way through. That’s something that small business that has been the driv- small business situation as the em- would not have happened if we had re- ing force and that has really built our ployer. A preexisting condition is being pealed the health care bill. economic recovery from this painful a woman. It is gender penalizing. Small businesses all across the coun- recession. What you will hear time and There are many aspects, and the pre- try that struggle with the sky- time again is, if I’m a small operation existing condition is something that’s rocketing cost of health care that’s af- of 10, 15, 20 people, one person—just one getting more and more attention, espe- fecting every family and every business person—in that workforce impacted by cially in the weeks that accompanied in this country, they’re getting a tax a catastrophic illness will throw the the decision of the Supreme Court. credit to help offset the cost, to pro- actuarial science into a frenzy. That There was a lot of recognition of what vide coverage, if they choose, to their means that your premiums will be ad- was in the Affordable Care Act, and employees. That’s something that’s justed in a way that makes it difficult preexisting conditions are now being making a real difference in the district as the employer to continue to afford denounced and not being allowed as a that I represent. They are being able to that insurance or to have the copay- reason, a rationale for denying insur- cover people up to age 26. Often, they ments from the employees. ance. That’s a prime aspect of the are recent college graduates struggling So, as you’re suggesting, if you enter progress made here. in the down economy. With the job this large collection called an ‘‘ex- As I’ve said in my district: Is it per- market of today, the parents’ plan is change,’’ in which many more numbers fect? No. We aimed for perfection, and being able to for a short period of time than 10, 15, or 20 work in this concept we achieved success. We will continue insure those young adults after they’ve together, it shaves those peaks, and to work on this order of health care in graduated from school and may be in the shock—the premium rate shock— a way that will continue to build the transition in their life or in the job that is dulled is a good thing. progressive nature of the outcome. market. That’s making a real dif- Mr. GARAMENDI. Let me take that Mr. GARAMENDI. These are all part ference for people that I represent. For a little further. of the puzzle of putting people back to people with preexisting conditions—

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.045 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4900 CONGRESSIONAL RECORD — HOUSE July 17, 2012 children today and, beginning in 2014, I can tell you painful, heart-wrench- issues, and I thank you for your par- for adults—they will not be able to be ing stories that many of the seniors I ticipation here tonight. If you would denied coverage because of a chronic represent—and again, I have a huge like to expand on maybe some experi- health condition. That’s something proportion of seniors in my home coun- ences in your own district, go for it. that’s long overdue in this country. ty of Montgomery County, New York. Mr. ALTMIRE. I appreciate the gen- Those are all things that have been im- Many will reach that threshold early in tleman opening the door for that issue, plemented. They’re in the law today. any fiscal year. It’s a phenomenon with and health care is just one issue facing They’re taking effect, and they’re im- the prescription drugs. Those prescrip- American families in the country pacting people. We can’t overlook that. tion drugs are their connection to qual- today. I know that this group that The legal issues have been decided. ity of life. It’s not only keeping them meets periodically when we’re done This is settled law now. What we need well and healthy; it may be keeping with session to have these discussions, to do is make sure—especially with the them alive. There are far too many as I’m sure both of my colleagues do, Medicaid ruling, which was not talked heart-wrenching stories of people who Mr. Speaker, I hear from people in my about as much because the court fo- will cut their prescription or their pills district after these discussions show up cused on the mandate. But with the in half so that they can balance their on people’s TVs. States being able to opt out on the budget. That is not the way to respond I hear from people all over the coun- Medicaid side, we have to find a way to their medical needs. They are told try, in fact, that say you need to con- for health care providers to be guaran- by their physician what that prescrip- tinue talking about the job market, teed coverage for people who come to tion drug intake is to look like for continue talking about infrastructure their door, whether they be a hospital, their wellness or their getting well. We repair, something we have talked about a physician, a long-term care facility, ought not cause them to be pushed to at length, talk about health care, talk whatever it may be. When the health the brink where they actually adjust about issues facing small businesses care bill was put into place, before it their intake of prescription drugs just and working families in America, be- became law, the deal that was made in to meet a budget. cause that’s something that I think return for universal coverage covering This closing of this doughnut hole, gets lost in the politicization that people in this country was the pro- making prescription drugs more afford- takes place in a Presidential election viders—all those provider groups I able, where we finally in 2020 close it year. We’re starting to head towards mentioned—gave a little. They under- completely—I mean, people have real- that time of the year when politics stood they had to take some cuts to ized already billions of dollars of sav- trumps everything, and it’s unfortu- help offset the cost of that, the cost to ings. There have been 5.3 million sen- nate because what gets lost is these are the government and to the taxpayer. iors that have received $3.7 billion in real people. These are real Americans Now the court has said that States can savings. that are suffering in the job market. opt out of part of that through the Mr. GARAMENDI. Excuse me just for b 2010 Medicaid program. We need to make a moment. I noticed in our gallery two sure that those health care providers Is that something you want to take gentlemen, soldiers, who are here, both are able to keep their end of the bar- away? So when this House, with the of them wounded in the wars. This is gain and the government keeps their majority, the three of us obviously said part of a group that comes in here end of the bargain by finding a way to no, but when the majority said repeal, every day when we’re in session to cover everybody. why? What’s the replacement? We watch what we’re doing. They just I did want to add that perspective didn’t hear replace, we heard repeal, stepped out the door, and I wanted to again as someone who didn’t originally and it left many stunned in this Cham- catch them before they left to recog- support the bill. There are things that ber because the progress just begun to nize them for the services that they are working and have been imple- be tasted was attempted to be pulled provide. They may come back in, in mented, and I commend both my away, and it’s regrettable. which case I will interrupt you again. friends from California and New York Mr. GARAMENDI. Well, we heard Mr. ALTMIRE. Absolutely, I would for having the discussion tonight. many, many things during that debate agree. I had a chance to chat with Mr. GARAMENDI. Thank you very last week that are just, I think, incor- them earlier today, and there is no much for joining us, and thank you for rect and inaccurate. group that should stand ahead of our bringing that perspective. One of them was that the Medicare Nation’s veterans when it comes time Twice, now, our Republican col- program was cut and benefits taken to making Federal funding decisions, leagues have voted for a full repeal of away from seniors. It didn’t happen. so I’m glad that they are joining us the law, and you very correctly and, I What happened was that about $50 bil- today. think, almost totally pointed out the lion a year of expenditures going to the Mr. GARAMENDI. Well, they are things that would disappear. The insurance industry unnecessarily, an coming back, and I just want to, maybe doughnut hole would open up again, unnecessary bonus was removed, that the three of us can simply recognize the preexisting conditions, the pa- was about $160 billion, about $16 billion them for the service that they provided tients’ bill of rights would be gone, and a year; and then there was the Medi- to this country. I suspect that, nor- the insurance companies can then re- care fraud. That is a big problem and mally, I see a gentleman that’s always engage in discrimination, as they have other adjustments, but no reduction in escorting them here in the gallery. so often. All those things that are very benefits to seniors and, in fact, signifi- Normally, they come back with some positive would disappear. So we’re cant increases. wound or another, and that’s difficult; fighting fiercely to keep them. As Mr. Mr. ALTMIRE talked about those with but I want them to know, and I would TONKO, our colleague from New York the drug benefit, as you did. There was ask you to join me in this conversa- has said, We will work through the also the prescription drug savings, tion, to know that this House, Demo- years ahead to improve and to deal which, Mr. ALTMIRE, you raised. We crat and Republican alike, are deter- with the unknown issues that are cer- also know that every senior now has a mined to make sure that all of our men tain to arise. free annual health checkup, which is and women that are returning from the We’ve got work ahead of us, and we an exceedingly important way of keep- wars, and those that have served even can do it. ing seniors, well, anybody, healthy. though they were not on the field of Mr. TONKO. I just wanted to speak You get a checkup—we got blood pres- battle, deserve both our respect and to the issue that Representative ALT- sure issues, diabetes issues, other kinds whatever services they need, veterans MIRE raised with the doughnut hole— of medical issues—you get ahead of services, medical services, and a job. such a sweet label thrown onto a hid- them, and then with the drugs you can I thank them for coming here. den attack on our senior community, keep ahead of them. There are many, Mr. TONKO. asking them to dig into their pockets many improvements in the Medicare Mr. TONKO. Thank you, Representa- when they hit the threshold of $2,930 program that are as a result of the bill. tive GARAMENDI. Let me also thank our and up till they hit the threshold of Mr. ALTMIRE, I know that you have military, our active forces out there as $4,700. been spending a lot of time on these we speak who are defending us in some

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.046 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4901 very far-off places, deserted deserts and other meeting, or wherever they were This is the infrastructure of the Na- mountains that extract great courage headed; and I don’t want to keep them tion—a big word, but one that I think and commitment to this Nation and here, but rather just to thank them for most Americans understand as being her cause. their service and to know that 435 the roads, the bridges, the railroads, You know, again, so many veterans Members of this House care deeply the sanitation systems, the water sys- returning are looking for work. There about your situation, what you’re deal- tems, the research, the schools. We de- ought not be a battlefield in their ing with, and all of the others that are layed—I guess all of us, in some re- homeland to find a job, and it’s why in the field and have returned, in prospect, but really the Republicans in the American Jobs Act makes it pos- viding the extraordinary service to this this House controlled this—the trans- sible for businesses to realize benefits Nation. portation bill. We delayed the imple- when they hire our veterans, when they Thank you very much, gentlemen. mentation of the reauthorization of the hire the active military that are re- Mr. TONKO. Yes. We are, in fact, transportation bill until the middle of turning, and that’s a commitment that very proud of their efforts and very the construction season. Just 2 weeks ought to be understood by all of us. proud of the training they endure to be ago, we actually passed a 2-year trans- That’s a commitment that should be able to be the greatest force on the portation authorization program— part and parcel to unanimity in this globe, and so we thank them for that. very, very important and very bene- House. Let’s go forward with some- Mr. GARAMENDI. Exactly. ficial. But what if that had happened thing like the American Jobs Act. Now the American Jobs Act had last September? We lost half of a con- Mr. GARAMENDI. Well, this is the many, many pieces to it; and this is struction season and States and local- only thing that’s actually been done. one of the great what-ifs, you know, ities were unable to plan and put in When the President last September one of the woulda, coulda, shouldas. place the projects that they needed to proposed the American Jobs Act, the What if back in September this House put in place because of the dilly-dal- second thing that he talked about was had actually taken up the elements of lying and the delay that went on here. the veterans jobs bill, and it kind of the American Jobs Act. There was, I We’ll take some of the blame on our languished around here for a couple of think, almost 250,000 teaching jobs that side, but we don’t control the legisla- months. It was early September when were in this piece of legislation. There tion. It’s controlled by our Republicans the President spoke. was also almost the same number of here. Ultimately, they were unable to Then came this special day every police and firemen and public safety of- even put a bill out. The Senate did put year called Veterans Day, and all 435 of ficers in the legislation. a bill out; and I thank Senator BOXER us, we would go home, and we would go It didn’t happen and so I know that from California, the lead author on to the veterans parades and, lo and be- in my daughter and son-in-law’s own that, and the minority leader, and in hold, we came back and we found com- school district there have been layoffs her committee the two of them came promise, and we found bipartisanship because of the economic and financial together with a bipartisan bill. It fi- and the veterans jobs bill actually be- circumstances of the State of Cali- nally got done. We’re thankful for it. came law shortly thereafter. fornia, and the class size went from 22– But the President wanted to go be- Mr. TONKO. But the full package 23 to 33–34, an extraordinary burden on yond that. He wanted to establish an could have been done, which allows for the kids. infrastructure bank, one where we even more opportunity for our veterans When you’re in the second or third could literally invest some public if we’re hiring police officers and fire- grade, you never get a chance to go money, some private money, and go fighters and educators, teachers. We’re back and repeat. That’s a lost year, about building projects that have a building the fabric of the Nation and and that will carry through perhaps all cash flow, like a toll road or a sanita- the infrastructure, the human infra- the rest of your life, that you missed tion plant or a water system where structure that’s required to educate that opportunity to really advance people pay a fee and there’s a cash flow our young, protect our neighborhoods, your education. so that we can really build the infra- make certain that we’re there in re- Just on the educational side, you go, structure of this Nation. But it didn’t sponse efforts when tragedy hits. These whoa, what if we had another 280,000 happen. are the things that can also in a broad- teachers in the classroom across Amer- Mr. TONKO. Representative er sense affect positively the employ- ica today? How would that advance the GARAMENDI, as you’re speaking, I’m ment factors for our veterans. That full well-being of our children? I think it’s thinking of those ‘‘golden moments’’ in package offered the greatest hope. very clear they’d be far better off, far our history replete with those state- The fact that we would nitpick and better off. But it didn’t happen. ments made by the Nation—this Na- that we would be pushed to pressure Mr. TONKO. Representative tion—of investing, especially in tough points and finally acknowledge the GARAMENDI, you’re offering a very pow- times. work getting done is not the way to erful statement, a powerful challenge, You know my district. I’ve described achieve what we know has to happen the what-if. it several times. It’s the confluence of out there. We’ve seen the growth, Rep- When you take that statement and the Hudson and Mohawk Rivers and the resentative GARAMENDI, of private sec- failure to commit to our Nation’s chil- donor area to the eastern portions of tor jobs, 29 consecutive months of pri- dren and then contrast that with the Erie Canal. In very tough times, vate sector job growth, well beyond 4 what’s happening in competitor na- Governor DeWitt Clinton proposed— million jobs. tions, where they’re investing in edu- Mr. GARAMENDI. This was the Gov- It is a wonderful number, but still a cation, investing in higher education, ernor from New York, not from Arkan- lot of work to do when we think of the investing in research, investing in ad- sas. Bush recession and the loss of 8.2 mil- vanced manufacturing, these are the Mr. TONKO. Right. He proposed a lion jobs. Now people want to take us challenges that are facing us as a gov- canal system, in tough times, saying back to those failed policies that saw ernment, as a body, as a House of Rep- we need to invest our way through this. us losing as many as 800,000 jobs a resentatives. There’s a way to grow a port out of this month and say that’s the way to move town called New York. And there’s a forward. That’s moving backward. We b 2020 way perhaps that there will be a ripple need to move forward with efforts like And if we do not respond accordingly, effect, which there was, with the birth- the American Jobs Act. we’re holding back the Nation. We’re ing of mill towns, a necklace of mill Mr. GARAMENDI. Mr. TONKO, before actually pushing us backward. This towns that became the epicenters of in- we carry further with the American discussion here in this House ought to vention and innovation. And it drove a Jobs Act, I know that the two veterans be about moving us forward—moving westward movement so that it headed who were here in the gallery were us forward with progressive policy and toward California. It drove an indus- headed out the door when I recognized investments of human infrastructure. trial revolution, sparking all sorts of them, I saw them leave and I wanted to Mr. GARAMENDI. So the President opportunity and activity, driven by a thank them for their service. I suspect also talked about building the founda- pioneer spirit that is unique to this Na- that they were headed off to some tion for tomorrow’s economic growth. tion.

VerDate Mar 15 2010 02:36 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.048 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4902 CONGRESSIONAL RECORD — HOUSE July 17, 2012 And our collection of stories of jour- geous steps that we were asked to take ican entrepreneurial and business spir- neys to this Nation with people em- that we took together as a Nation, it, people are coming back, not as bracing nothing but this noble dream— committed to a cause, this is the sort strong as we want, but if the American an American Dream—that transitioned of leadership that I think is required. Jobs Act were in place in its fullness, a rags-to-riches scenario, that’s what The President is asking us to respond we would be moving towards a more it’s all about. It’s us in our finest mo- in very challenging times to these or- balanced budget, reducing the deficit, ments. And why not today, as we have ders of investment. and putting people back to work. We’re these inordinate needs to invest in the Now, I can tell you in my district, not there yet, but we’ve not given up people, invest in jobs, understanding the birthplace of the Erie Canal, mill on this. And one of the major pieces in the dignity of work, underpinned by towns that have achieved and changed this is what we call Make it in Amer- the effervescence of the pioneer spirit the quality of life of peoples around the ica, because manufacturing matters. that is, I think, part and parcel of our world, we’re watching nanotechnology, I know in your district you’ve been DNA. It is within our fabric as a Nation semiconductor science, advanced bat- talking a lot about this Mohawk Val- to have that pioneer spirit. We’re deny- tery manufacturing, chips manufac- ley and about this great history. I’m ing it. We’re denying that spirit. turing, a growth area happening within not going to let you continue on with- Mr. GARAMENDI. Well, you just the capital region of New York, all out saying, hey, I’m from California. talked about history here. Actually, built upon, I think, a public-private And we know entrepreneurship, and we your Governor, DeWitt Clinton, really sector partnership, government in- know about the next generation of jobs did lead a major infrastructure project. serted in a way that provides for the and the next innovation. But New York Now, California was the Gold Rush. It’s priming of the pump that goes where still is there, and we’ll vie with you for very interesting to go back through you absorb risk which, perhaps, the the best in the Nation. Mr. TONKO. Absolutely. And I see the old writings; and the folks from the private sector won’t take. And we’re the order of progress, Representative East, New York and around, traveled now seen as a global center of oper- GARAMENDI, that we’ve achieved in up the Erie Canal to the Great Lakes ations in certain areas. And it’s grow- to Chicago and then from there on. And that private sector that you just out- ing and it’s expanding. Now is not the lined. And it’s regrettable that the so- they also left—and these are my rel- time to walk away from that progress. lution for which the President is call- atives—the port of New York, which Now is the time to invest in these ing to provide for the public sector was built as part of the infrastructure, dreams—these American dreams that side, which would speak to greater to travel to the Panama and then people have always seen as the noble- numbers of employment, because we’ve across the Isthmus of Panama and then ness of the American saga. taken that 4 million-plus in the private up the coast of California. So my own Mr. GARAMENDI. I want to just pick sector and reduced the overall results relatives took advantage of those two this up. I do want to come back to our by losing some public sector opportuni- infrastructure projects that you talked manufacturing policies before we wrap ties which speak to soundness of com- about. up here. But before we do, just to pull munity, public safety, educating the However, your Governor was building together the American Jobs Act that young, and providing for public protec- off some of the work of the Founding the President proposed back in Sep- tion out there. These are important as- Fathers. There’s a lot of talk around tember, A, folks, it did not increase the pects of quality of life. They ought to here that there’s no role for govern- deficit. be embraced. ment in the economy. Well, George b 2030 So we’ve denied part of the Presi- Washington disagreed. And his Treas- dent’s agenda. We’ve recognized the The program was paid for, paid for by ury Secretary, Alexander Hamilton, success and strength part of his plan, changes in the tax policy of the United disagreed. And they had a debate with but there’s been this partisan divide, States, policies that the President con- Jefferson, who thought that we ought there’s been this holding back on tinues to talk about today that we to be an agrarian State; and George progress because perish the thought if eliminate the tax benefits that go un- Washington and Hamilton thought the White House should look good in necessarily to the oil company, the oil there was a role for industrial and for this comeback from a recession. manufacturing. And so George Wash- industry. Some $5 billion to $15 billion Well, you need to place—we need to ington in his very first days as Presi- a year of subsidy is going to the place the public good, the Nation’s dent told Alexander Hamilton to put wealthiest industry in the world. Pull good, ahead of partisan divide. It is ab- together an industrial policy for Amer- those back. And the extraordinarily solutely essential. And to then criticize ica. And there were about, I think, nine low taxes that have been available to the President by restraining some of points or maybe 12 points in that in- the super rich, the top 1 percent, re- the progress that he’s been trying to dustrial policy. One of them was: build store those to the Clinton era tax and cultivate and saying he’s not cleaning the infrastructure. It specifically said other tax proposals that he had made up the mess quick enough, well, there canals and harbors. so that the proposal was fully paid was a huge mess delivered just before So this goes back to the very begin- for—not decreasing the deficit but he assumed office—8.2 million jobs is a ning of our country. What the Presi- rather putting people back to work and tough situation from which to walk dent wanted to do and what we Demo- creating the jobs that are necessary to forward from. And I think that there is crats want to do is to build the infra- move the economy and to get the a solution there, and we ought to work structure, the foundation upon which American middle class back into the and put America first, the needs of this the economy grows. And we can do it. game so that they can prosper and so Nation first so as to be able to con- We can pay for it because every dollar that we can rebuild those American tinue to walk forward and not negate we invest in the infrastructure imme- manufacturing jobs, the 9 million jobs any of the progress that we’re achiev- diately turns around and develops $1.75 in manufacturing that were lost being. of growth in the economy. So it’s not tween 1990 and 2010. Mr. GARAMENDI. Let me pick up money down a rat hole. It is money Keep in mind that over the last 29 one of the issues the President has that builds the foundation and then ex- months, there has been private sector been talking about recently, and we ac- pands the economy immediately. It is job growth every one of those 29 tually worked on this more than a year the very best way to put people back to months. And so when people say, no, and a half, almost 2 years ago, and that work immediately, together with edu- no, it’s not good; say, it’s not good was the tax policy. At the outset, I cation. enough, but at least it is happening. talked about policies, tax policies Mr. TONKO. The reach that we ought Men and women are going back to being one of them. American tax poli- to make to our history, to let it to work in the private sector. The public cies until December of 2010 actually al- speak to us, the reach we ought to sector continues to lose jobs and con- lowed and gave to American corpora- make to the boldness that we embraced tinues to shed jobs. But on the private tions a tax reduction, a tax break when in times that preceded us ought to sector job side, in part because of the they offshore jobs. Send a job oversees speak to us, ought to feed our soul, policies we’ve been talking about here and reduce your taxes. Hello? How ought to feed our mindset. The coura- and the inherent strength of the Amer- could that be?

VerDate Mar 15 2010 03:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JY7.050 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4903 I don’t know where it came from, but provide, we Americans provide a tax ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that was the law of the land until the credit, a tax reduction, for those who The SPEAKER pro tempore. The Democrats, then in control of Con- put up solar programs or wind turbines. Chair will remind all Members that it gress, pushed through a piece of legis- The thing is, that’s our tax money. The is not in order to bring to the attention lation that ended $12 billion a year of question is, where is it being spent? Is of the House an occupant in the gal- tax breaks for corporations that it being spent on American-made lery. offshored, sent jobs oversees. equipment, or is it being spent on for- f I will just note parenthetically that eign made equipment? All too often, not one Republican voted to end that those tax subsidies are used to pur- LEAVE OF ABSENCE extraordinarily damaging tax proposal chase foreign equipment. By unanimous consent, leave of ab- that rewarded companies with lower This piece of legislation which I’m sence was granted to: taxes when they offshored jobs. Not working on together with Mr. TONKO, Mr. PLATTS (at the request of Mr. one Republican voted to repeal that H.R. 613, basically says that if you’re CANTOR) for today on account of at- law. However, the Democrats stood to- using our tax money, for example, the tending a funeral. gether, the President signed that, and Highway Trust Fund tax money, for Mr. STIVERS (at the request of Mr. it is now the law. There is still about buses, trains, or building roads, then CANTOR) for today through July 27 on another 4, 5, maybe $6 billion of tax you must spend that money on Amer- account of military service in the Ohio breaks that companies get when they ican-made equipment. Similarly, with Army National Guard. offshore jobs. We’ve been working to solar and wind, if you’re going to get a Mr. REYES (at the request of Ms. eliminate those, and the President tax credit, if you’re going to use Amer- PELOSI) for today and for the balance of talks about it very often. He also talks ican taxpayers’ money to build some- the week on account of medical rea- about something that we should do, thing, then it’s going to be made in sons. and that is to reward the onshoring of America. We’re going to return the jobs. American manufacturing by using our f When companies bring the jobs back tax money on American-made goods ENROLLED BILL SIGNED home, they should receive a tax break. and services. When you want to send jobs offshore, Karen L. Haas, Clerk of the House, ONKO, we’re nearing the end of Mr. T reported and found truly enrolled a bill you should receive a penalty and cer- our time. Why don’t you take a run at of the House of the following title, tainly ought not receive a tax reduc- wrapping? I get the last 30 seconds. You which was thereupon signed by the tion. Now, that’s good public policy. It take the next 90 seconds. hasn’t happened. We don’t control the Speaker pro Tempore, Mr. LEWIS of Mr. TONKO. Let me do this quickly, House of Representatives, and all tax California, on Friday, July 13, 2012. Representative GARAMENDI. We’re the bills have to start in the House of Rep- H.R. 3902. An act to amend the District of greatest nation in the world. I believe resentatives. So we keep pleading with Columbia Home Rule Act to revise the tim- our greatest days lie ahead of us. Let our Republican colleagues, please, ing of special elections for local office in the us take our golden moments in history please, give American corporations a District of Columbia. when we were faced with heavy chal- tax break when they onshore jobs, and f lenges, where we responded accordingly end the remaining tax breaks for with the belief in the worker, belief in offshoring jobs. BILLS PRESENTED TO THE the American way, the pioneer spirit, Mr. TONKO. Let me tell you, that is PRESIDENT and did it in an order of investment. welcome news to my manufacturing Karen L. Haas, Clerk of the House, base. I hear it all the time. They sup- Let those solutions-oriented mo- reported that on July 2, 2012, she pre- port the efforts of the President to re- ments speak to us today. We need the sented to the President of the United ward those who produce jobs here in soundest of solutions, we need the re- States, for his approval, the following the U.S. and where we provide benefits spect for the American worker, and our bill. greatest days lie ahead. It’s a spirit of for returning jobs, onshoring them as H.R. 4348. To provide an extension of Fed- you suggest. That is welcome news. optimism that we should embrace, a eral-aid highway, highway safety, motor car- That is welcome news to the manufac- history that ought to challenge, feed rier safety, transit, and other programs fund- turing base, as is the call for action by us, and inspire us. With that, I thank ed out of the Highway Trust Fund pending the President for investments in ad- you for yielding this evening. enactment of a multiyear law reauthorizing vance manufacturing. And I know Mr. GARAMENDI. Well, Mr. TONKO, such programs, and for other purposes. that’s compete and compete effec- thank you for joining us this evening. Karen L. Haas, Clerk of the House, tively, and to allow for job growth to I thank our two gentlemen from the further reported that on July 16, 2012, come via the private sector base. armed services who were here earlier. she presented to the President of the We need to invest in that new day of And, yes, our best days do lie ahead. United States, for his approval, the fol- manufacturing. It is not dead. I refuse It’s about public policies, it’s about the lowing bill. to submit to this notion that manufac- entrepreneurial spirit, and it’s about H.R. 3902. To amend the District of Colum- turing is dead in this country. It is America’s desire to be the best. We’re bia Home Rule Act to revise the timing of alive, it is well, and it needs to be ret- going to make it in America. We’re special elections for local office in the Dis- rofitted so as to be advanced in nature going to make it in America because trict of Columbia. and in character. Let’s get moving for- we will, once again, make things in f ward, and let’s, again, reward those job America. We will rebuild the American creators, not paying people to offshore middle class. ADJOURNMENT or send out of this Nation. Our hugest It’s about policy, it’s about the spirit Mr. TONKO. Mr. Speaker, I move export was jobs in the decade preceding of America. It can be done and it will that the House do now adjourn. this administration. be done, and we’re here to see that it The motion was agreed to; accord- Mr. GARAMENDI. You talk about re- does get done. ingly (at 8 o’clock and 39 minutes ward and about tax policy, as was I. Mr. TONKO, thank you for this p.m.), under its previous order, the And let me give you another one, and I evening. House adjourned until tomorrow, know that you and I are working on Mr. Speaker, I yield back the balance Wednesday, July 18, 2012, at 10 a.m. for this together: tax policy. Right hnow we of my time. morning-hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the second quarter of 2012 pursuant to Public Law 95–384 are as follows:

VerDate Mar 15 2010 03:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 8634 E:\CR\FM\K17JY7.052 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4904 CONGRESSIONAL RECORD — HOUSE July 17, 2012 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JANICE ROBINSON, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 20 AND MAY 27, 2012

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

Janice Robinson ...... 5/20 5/21 Republic of Korea ...... 350.00 ...... (3) ...... 350.00 5/21 5/24 Peoples Republic of China ...... 1,224.00 ...... (3) ...... 1,224.00 5/24 5/26 India ...... 579.00 ...... (3) ...... 579.00 5/26 5/27 German Federation ...... 291.00 ...... (3) ...... 291.00 Committee total ...... 2,444.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JANICE ROBINSON, June 25, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, BARRY JACKSON, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 19 AND MAY 25, 2012

Barry Jackson ...... 5/19 5/22 Thailand ...... 417,000 ...... 15,680.00 ...... 16,097.00 5/22 5/25 People’s Republic of China ...... 1,422.00 ...... 1,422.00 Committee total ...... 17,519.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BARRY JACKSON, June 25, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, BARRY JACKSON, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 14 AND JUNE 18, 2012

Barry Jackson ...... 6/15 6/18 Egypt ...... 801.00 ...... 8,696.00 ...... 9,497.00 Committee total ...... 9,497.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BARRY JACKSON, June 25, 1012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE UNITED ARAB EMIRATES AND AFGHANISTAN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 1 AND JUNE 5, 2012

Hon. David Dreier ...... 6/2 6/3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 Hon. David E. Price ...... 6/2 6/3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 Brad Smith ...... 6 /2 6/3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 Rachael Leman ...... 6/2 6 /3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 John Lis ...... 6/2 6 /3 United Arab Emirates ...... 454.00 ...... 12,478.00 ...... 12,932.00 Hon. David Dreier ...... 6/3 6/4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 Hon. David E. Price ...... 6/3 6/4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 Brad Smith ...... 6 /3 6/4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 Rachael Leman ...... 6/3 6 /4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 John Lis ...... 6/3 6 /4 Afghanistan ...... 28.00 ...... (3) ...... 28.00 Committee total ...... 64,800.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. DAVID DREIER, June 29, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO DENMARK AND FRANCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 9 AND JUNE 12, 2012

Hon. Cliff Stearns ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. James Costa ...... 6 /9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. John Duncan ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Mario Diaz-Balart ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Donald Manzullo ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Bill Huizenga ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Corrine Brown ...... 6 /9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Tim Holden ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Janice Robinson ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Greg McCarthy ...... 6/9 6 /11 Denmark ...... 828.00 ...... (3) ...... 828.00 Ed Rice ...... 6/9 6 /11 Denmark ...... 828.00 ...... (3) ...... 828.00 Amber Garlock ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Steve Sutton ...... 6/9 6/11 Denmark ...... 828.00 ...... (3) ...... 828.00 Hon. Cliff Stearns ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. James Costa ...... 6 /11 6 /12 France ...... 324.00 ...... (3) ...... 324.00 Hon. John Duncan ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Mario Diaz-Balart ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Donald Manzullo ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00

VerDate Mar 15 2010 04:13 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JY7.001 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 17, 2012 CONGRESSIONAL RECORD — HOUSE H4905 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO DENMARK AND FRANCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 9 AND JUNE 12, 2012—Continued

Hon. Bill Huizenga ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Corrine Brown ...... 6 /11 6 /12 France ...... 324.00 ...... (3) ...... 324.00 Hon. Tim Holden ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Janice Robinson ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Greg McCarthy ...... 6/11 6/12 France ...... 324.00 ...... (3) ...... 324.00 Ed Rice ...... 6/11 6/12 France ...... 342.00 ...... (3) ...... 342.00 Amber Garlock ...... 6/11 6/12 France ...... 342.00 ...... (3) ...... 342.00 Steve Sutton ...... 6/11 6/12 France ...... 342.00 ...... (3) ...... 342.00 Committee total ...... 15,030.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. CLIFF STEARNS, June 29, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ESTONIA FOR THE NATO PARLIAMENTARY ASSEMBLY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 24 AND MAY 28, 2012

Hon. Mike Turner ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. Carolyn McCarthy ...... 5 /24 5 /28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. John Shimkus ...... 5 /24 5 /28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. Mike Ross ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. Gus Bilirakis ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. Rob Bishop ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Hon. David Scott ...... 5 /24 5 /28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Kelly Craven ...... 5 /24 5 /28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Riley Moore ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 David Fite ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Greg McCarthy ...... 5/24 5/28 Estonia ...... 1,016.36 ...... (3) ...... 1,016.36 Commitee total ...... 11,179.96 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. MICHAEL R. TURNER, June 21, 2012.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2012

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. DOC HASTINGS, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2012

EXECUTIVE COMMUNICATIONS, Department’s final rule — Tart Cherries ant to 5 U.S.C. 801(a)(1)(A); to the Committee ETC. Grown in the States of Michigan, et al.; on Agriculture. Final Free and Restricted Percentages for 6935. A letter from the Administrator, De- Under clause 2 of rule XIV, executive the 2011-12 Crop Year for Tart Cherries [Doc. partment of Agriculture, transmitting the communications were taken from the No.: AMS-FV-11-0085; FV11-930-3 FR] received Department’s final rule — Domestic Dates Speaker’s table and referred as follows: June 28, 2012, pursuant to 5 U.S.C. Produced or Packed in Riverside County, CA: 6932. A letter from the Congressional Re- 801(a)(1)(A); to the Committee on Agri- Order Amending Marketing Order 987 [Doc. view Coordinator, Department of Agri- culture. No.: AMS-FV-10-0025; FV10-987-1 FR] received culture, transmitting the Department’s final June 28, 2012, pursuant to 5 U.S.C. rule — Importation of Dracaena Plants From 6934. A letter from the Acting Adminis- 801(a)(1)(A); to the Committee on Agri- Costa Rica [Doc. No.: APHIS-2011-0073] (RIN: trator, Department of Agriculture, transmit- culture. 0579-AD54) received June 28, 2012, pursuant to ting the Department’s final rule — Pis- 6936. A letter from the Chief, Branch of 5 U.S.C. 801(a)(1)(A); to the Committee on tachios Grown in California, Arizona, and Listing, Department of the Interior, trans- Agriculture. New Mexico; Order Amending Marketing mitting the Department’s final rule — En- 6933. A letter from the Administrator, De- Order No. 983 [Doc. No.: AMS-FV-10-0099; dangered and Threatened Wildlife and partment of Agriculture, transmitting the FV11-983-1 FR] received June 28, 2012, pursu- Plants; Designation of Critical Habitat for

VerDate Mar 15 2010 03:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.001 H17JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4906 CONGRESSIONAL RECORD — HOUSE July 17, 2012 Dusky Gopher Frog (Previously Mississippi REPORTS OF COMMITTEES ON 112–603). Referred to the Committee of the Gopher Frog) [Docket No.: FWS-R4-ES-2010- PUBLIC BILLS AND RESOLUTIONS Whole House on the state of the Union. 0024] (RIN: 1018-AW89) received June 13, 2012, Mr. HASTINGS of Washington: Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Under clause 2 of rule XIII, reports of on Natural Resources. H.R. 3210. A bill to mittee on Natural Resources. committees were delivered to the Clerk amend the Lacey Act Amendments of 1981 to 6937. A letter from the Branch Chief, Publi- for printing and reference to the proper limit the application of that Act with re- cations and Regulations, Internal Revenue calendar, as follows: spect to plants and plant products that were Service, transmitting the Service’s final rule Mr. MICA: Committee on Transportation imported before the effective date of amend- — Section 162(m)(4)(C) — Dividends and Divi- and Infrastructure. H.R. 1171. A bill to reau- ments to that Act enacted in 2008, and for dend Equivalents on Restricted Stock and thorize and amend the Marine Debris Re- other purposes; with an amendment (Rept. Restricted Stock Units (Rev. Rul. 2012-19) research, Prevention, and Reduction Act; with 112–604). Referred to the Committee of the ceived June 27, 2012, pursuant to 5 U.S.C. an amendment (Rept. 112–584, Pt. 2). Referred Whole House on the state of the Union. 801(a)(1)(A); to the Committee on Ways and to the Committee of the Whole House on the Mr. HASTINGS of Washington: Committee Means. state of the Union. on Natural Resources. H.R. 2489. A bill to authorize the acquisition and protection of na- 6938. A letter from the Chief, Publications Mr. SMITH of Texas: Committee on the Ju- tionally significant battlefields and associ- and Regulations, Internal Revenue Service, diciary. H.R. 4377. A bill to provide for im- ated sites of the Revolutionary War and the transmitting the Service’s final rule — Ap- proved coordination of agency actions in the War of 1812 under the American Battlefield plicable Federal Rates — July 2012 (Rev. Rul. preparation and adoption of environmental Protection Program; with an amendment 2012-20) received June 27, 2012, pursuant to 5 documents for permitting determinations, (Rept. 112–605). Referred to the Committee of U.S.C. 801(a)(1)(A); to the Committee on and for other purposes; with an amendment the Whole House on the state of the Union. Ways and Means. (Rept. 112–596, Pt. 1). Referred to the Com- mittee of the Whole House on the state of Mr. HASTINGS of Washington: Committee 6939. A letter from the Chief, Publications on Natural Resources. H.R. 4043. A bill to and Regulations, Internal Revenue Service, the Union. Mr. HASTINGS of Washington: Committee amend title 10, United States Code, to direct transmitting the Service’s final rule — Modi- the Secretary of Defense to establish South- fication to Consolidated Return Regulation on Natural Resources. H.R. 1103. A bill to direct the Secretary of the Interior to develop, ern Sea Otter Military Readiness Areas for Permitting an Election to Treat a Liquida- national defense purposes, and for other pur- tion of a Target, Followed by a Recontribu- maintain, and administer an annex in Tinian, Commonwealth of the Northern Mar- poses; with an amendment (Rept. 112–606, Pt. tion to a New Target, as a Cross-Chain Reor- 1). Ordered to be printed. ganization [TD 9594] (RIN: 1545-BI31) received iana Islands, as an extension of the Amer- June 27, 2012, pursuant to 5 U.S.C. ican Memorial Park located in Saipan, and DISCHARGE OF COMMITTEE 801(a)(1)(A); to the Committee on Ways and for other purposes (Rept. 112–597). Referred Pursuant to clause 2 of rule XIII, the Means. to the Committee of the Whole House on the Committee on Natural Resources dis- state of the Union. charged from further consideration. 6940. A letter from the Chief, Publications Mr. HASTINGS of Washington: Committee and Regulations, Internal Revenue Service, on Natural Resources. H.R. 4400. A bill to H.R. 4377 referred to the Committee of transmitting the Service’s final rule — In- designate the Salt Pond Visitor Center at the Whole House on the state of the terim Guidance on Tips vs. Service Charges Cape Cod National Seashore as the ‘‘Thomas Union. Revenue Ruling 2012-18 received June 27, P. O’Neill, Jr. Salt Pond Visitor Center’’, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the f and for other purposes (Rept. 112–598). Re- REPORTED BILL SEQUENTIALLY Committee on Ways and Means. ferred to the House Calendar. 6941. A letter from the Chief, Publications Mr. HASTINGS of Washington: Committee REFERRED and Regulations, Internal Revenue Service, on Natural Resources. H.R. 4073. A bill to au- Under clause 2 of rule XII, bills and transmitting the Service’s final rule — Sec- thorize the Secretary of Agriculture to ac- reports were delivered to the Clerk for tion 3121 — Tips Included for Both Employee cept the quitclaim, disclaimer, and relin- printing, and bills referred as follows: and Employer Taxes (Rev. Rul. 2012-18) re- quishment of a railroad right of way within Mr. ISSA: Committee on Oversight and ceived June 27, 2012, pursuant to 5 U.S.C. and adjacent to Pike National Forest in El Government Reform. H.R. 459. A bill to re- 801(a)(1)(A); to the Committee on Ways and Paso County, Colorado, originally granted to quire a full audit of the Board of Governors Means. the Mt. Manitou Park and Incline Railway of the Federal Reserve System and the Fed- 6942. A letter from the Chief, Publications Company pursuant to the Act of March 3, eral reserve banks by the Comptroller Gen- and Regulations, Internal Revenue Service, 1875; with an amendment (Rept. 112–599). Re- eral of the United States before the end of transmitting the Service’s final rule — PTP- ferred to the Committee of the Whole House 2012, and for other purposes; with an amend- COD Income (Rev. Proc. 2012-28) received on the state of the Union. ment (Rept. 112–607, Part 1); referred to the June 27, 2012, pursuant to 5 U.S.C. Mr. HASTINGS of Washington: Committee Committee on Financial Services for a pe- 801(a)(1)(A); to the Committee on Ways and on Natural Resources. H.R. 3706. A bill to riod ending not later than July 18, 2012, for Means. create the Office of Chief Financial Officer of consideration of such provisions of the bill 6943. A letter from the Chief, Publications the Government of the Virgin Islands, and and amendment as fall within the jurisdic- and Regulations, Internal Revenue Service, for other purposes; with an amendment tion of that committee pursuant to clause transmitting the Service’s final rule — Dis- (Rept. 112–600). Referred to the Committee of 1(h) of rule X. the Whole House on the state of the Union. regarded Entities and the Indoor Tanning f Services Excise Tax [TD 9596] (RIN: 1545- Mr. HASTINGS of Washington: Committee BK39) received June 27, 2012, pursuant to 5 on Natural Resources. H.R. 3404. A bill to es- TIME LIMITATION OF REFERRED U.S.C. 801(a)(1)(A); to the Committee on tablish in the Department of the Interior an BILLS Ways and Means. Under Secretary for Energy, Lands, and Min- erals and a Bureau of Ocean Energy, an Pursuant to clause 2 of rule XII, the 6944. A letter from the Chief, Publications Ocean Energy Safety Service, and an Office and Regulations, Internal Revenue Service, following actions were taken by the of Natural Resources Revenue, and for other transmitting the Service’s final rule — Cred- Speaker: purposes; with an amendment (Rept. 112–601). it for Carbon Dioxide Sequestration 2012 Sec- [The following actions occurred on July 16, 2012] Referred to the Committee of the Whole tion 45Q Inflation Adjustment Factor [Notice House on the state of the Union. H.R. 1838. Referral to the Committee on 2012-42] received June 27, 2012, pursuant to 5 Mr. HASTINGS of Washington: Committee Agriculture extended for a period ending not U.S.C. 801(a)(1)(A); to the Committee on on Natural Resources. H.R. 3397. A bill to later than September 14, 2012. Ways and Means. modify the Forest Service Recreation Resi- H.R. 3283. Referral to the Committee on 6945. A letter from the Chief, Publications dence Program by implementing a simple, Agriculture extended for a period ending not and Regulations, Internal Revenue Service, equitable, and predictable procedure for de- later than September 21, 2012. transmitting the Service’s final rule — termining cabin user fees, and for other pur- f Qualified Energy Conservation Bonds [Notice poses (Rept. 112–602). Referred to the Com- 2012-44] received June 27, 2012, pursuant to 5 mittee of the Whole House on the state of PUBLIC BILLS AND RESOLUTIONS U.S.C. 801(a)(1)(A); to the Committee on the Union. Ways and Means. Under clause 2 of rule XII, public Mr. HASTINGS of Washington: Committee bills and resolutions of the following 6946. A letter from the Chief, Publications on Natural Resources. H.R. 3388. A bill to and Regulations Unit, Internal Revenue amend the Wild and Scenic Rivers Act to titles were introduced and severally re- Service, transmitting the Service’s final rule designate a segment of the Beaver, Chipuxet, ferred, as follows: — Election to include in gross income in Queen, Wood, and Pawcatuck Rivers in the By Mrs. BONO MACK (for herself and year of transfer (Rev. Proc. 2012-29) received States of Connecticut and Rhode Island for Mr. BUTTERFIELD): June 27, 2012, pursuant to 5 U.S.C. study for potential addition to the National H.R. 6131. A bill to extend the Undertaking 801(a)(1)(A); to the Committee on Ways and Wild and Scenic Rivers System, and for Spam, Spyware, And Fraud Enforcement Means. other purposes; with an amendment (Rept. With Enforcers beyond Borders Act of 2006,

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and for other purposes; to the Committee on JONES, Ms. BUERKLE, Mr. KELLY, Mr. H.R. 458: Mr. CLARKE of Michigan. Energy and Commerce. CALVERT, Mr. BILIRAKIS, Mr. FORBES, H.R. 459: Mr. PALAZZO. By Mr. LIPINSKI (for himself and Mr. Mr. ADERHOLT, Mr. SCALISE, Mr. HAR- H.R. 574: Mr. SCHIFF. JONES): RIS, Mr. SENSENBRENNER, Mr. H.R. 639: Ms. BONAMICI. H.R. 6132. A bill to amend the Federal char- POMPEO, Mr. WALBERG, Mr. MCIN- H.R. 687: Mr. SCHILLING, Mr. LANGEVIN, Mr. ter of the United States Olympic Committee TYRE, Mr. CANSECO, Mr. LAMBORN, COFFMAN of Colorado, Mr. TIERNEY, Mr. STIV- to require the United States Olympic Com- Mr. POE of Texas, Mr. PETERS, Mr. ERS, and Mr. ISRAEL. mittee to ensure that goods donated or sup- MARINO, Mr. HUELSKAMP, Mr. H.R. 694: Ms. RICHARDSON and Ms. HAHN. plied to athletes are substantially made in SHULER, Mr. GOWDY, Mr. SIRES, and H.R. 726: Mr. WALDEN. the United States, and for other purposes; to Ms. ESHOO): H.R. 733: Mr. RIVERA, Mr. YODER, Mr. the Committee on the Judiciary. H. Res. 732. A resolution calling for the TONKO, and Mr. DINGELL. By Mr. WESTMORELAND (for himself protection of the rights and freedoms of reli- H.R. 860: Mr. FORTENBERRY, Mr. KISSELL, and Mr. NADLER): gious minorities in the Arab world; to the Mr. LOEBSACK, Mr. ROGERS of Alabama, and H.R. 6133. A bill to provide clarity on the Committee on Foreign Affairs. Mr. BARROW. use of National Infantry Museum and Soldier H.R. 894: Mr. LARSEN of Washington. f Center Commemorative Coin surcharges, the H.R. 905: Mr. NUGENT. use of Abraham Lincoln Commemorative CONSTITUTIONAL AUTHORITY H.R. 930: Ms. TSONGAS. Coin surcharges, and for other purposes; to STATEMENT H.R. 949: Mr. JOHNSON of Georgia. the Committee on Financial Services. H.R. 965: Mr. LARSEN of Washington and By Mr. FARR (for himself, Mr. PAUL, Pursuant to clause 7 of rule XII of Mr. MARKEY. Mr. COHEN, Mr. ROHRABACHER, Mr. the Rules of the House of Representa- H.R. 998: Mr. WATT. FRANK of Massachusetts, Ms. LEE of tives, the following statements are sub- H.R. 1005: Mr. LARSON of Connecticut and California, Mr. HINCHEY, Mr. STARK, mitted regarding the specific powers Mrs. MCMORRIS RODGERS. Mr. BLUMENAUER, Mr. MORAN, Mr. granted to Congress in the Constitu- H.R. 1032: Mrs. MYRICK and Mr. WESTMORE- GRIJALVA, Mr. POLIS, Ms. WOOLSEY, tion to enact the accompanying bill or LAND. Mr. WAXMAN, Mr. AMASH, Mr. RAN- joint resolution. H.R. 1063: Ms. MOORE. GEL, Mr. MCGOVERN, Mr. GEORGE H.R. 1172: Mr. DAVID SCOTT of Georgia. MILLER of California, and Mr. NAD- By Mrs. BONO MACK: H.R. 1265: Mr. SHULER. LER): H.R. 6131. H.R. 1325: Mr. KINZINGER of Illinois. H.R. 6134. A bill to amend title 18, United Congress has the power to enact this legis- H.R. 1327: Ms. RICHARDSON, Mr. MCINTYRE, States Code, to provide an affirmative de- lation pursuant to the following: and Mr. GARAMENDI. fense for the medical use of marijuana in ac- Congress has the power to enact this legis- H.R. 1370: Mr. GOHMERT. cordance with the laws of the various States, lation pursuant to clause 3 of section 8 of ar- H.R. 1386: Mrs. CAPITO. and for other purposes; to the Committee on ticle I of the Constitution. H.R. 1418: Mr. TURNER of New York. the Judiciary. By Mr. LIPINSKI: H.R. 1523: Mrs. DAVIS of California. By Mr. GEORGE MILLER of California H.R. 6132. H.R. 1564: Mr. PASCRELL and Mr. FARR. (for himself, Mr. HINOJOSA, Ms. RICH- Congress has the power to enact this legis- H.R. 1621: Mr. MICHAUD, Mr. WITTMAN, Mrs. ARDSON, Mr. POLIS, Ms. FUDGE, Ms. lation pursuant to the following: SCHMIDT, Ms. RICHARDSON, Mrs. BLACKBURN, NORTON, Mr. GRIJALVA, Mr. BISHOP of Article 1, Section 8, Clause 3: The Congress Mr. MEEKS, Mr. CARNAHAN, Mr. BISHOP of New York, Mr. DAVIS of Illinois, and shall have Power * * * To regulate Com- Georgia, Mr. NUNES, Ms. JACKSON LEE of Mr. KUCINICH): merce with foreign Nations, and among the Texas, Mr. KIND, and Mr. TOWNS. H.R. 6135. A bill to increase transparency several States, and with the Indian Tribes. H.R. 1648: Mr. MURPHY of Connecticut. and reduce students’ burdens related to By Mr. WESTMORELAND: H.R. 1681: Mr. CROWLEY. transferring credits between institutions of H.R. 6133. H.R. 1774: Ms. CLARKE of New York. higher education; to the Committee on Edu- Congress has the power to enact this legis- H.R. 1775: Mr. NUGENT, Mr. SCOTT of South cation and the Workforce. lation pursuant to the following: Carolina, Mr. FORBES, Mr. SCHILLING, Mr. By Mr. MURPHY of Pennsylvania (for Article I, Section 8, Clause 5 states ‘‘The HEINRICH, Mr. WESTMORELAND, Mr. COFFMAN himself, Mr. BROUN of Georgia, Mr. Congress shall have Power . . . To coin of Colorado, Mr. KING of Iowa, Mr. SHULER, TIBERI, Mr. STIVERS, Mr. GENE GREEN Money, regulate the Value thereof, and of and Mr. LANKFORD. of Texas, Mr. GOHMERT, and Mr. ROSS foreign Coin, and fix the Standard of Weights H.R. 1810: Mr. KING of New York, Mr. of Florida): and Measures.’’ FRANK of Massachusetts, Mr. MURPHY of H.R. 6136. A bill to amend the Congres- By Mr. FARR: Connecticut, and Mr. MICHAUD. sional Budget Act of 1974 to require the Di- H.R. 6134. H.R. 1845: Mr. JOHNSON of Georgia, Mr. rector of the Congressional Budget Office to Congress has the power to enact this legis- GALLEGLY, Mr. MURPHY of Connecticut, and make all data and other information relating lation pursuant to the following: Mr. KISSELL. to the estimating of the cost of legislation Article I, Sec. 8 [‘‘to regulate commerce’’], H.R. 1876: Ms. BONAMICI. available on its public website; to the Com- and Amendment IV [‘‘to be secure . . . H.R. 2020: Mr. HEINRICH. mittee on the Budget. against unreasonable searches and sei- H.R. 2051: Mr. BUCHANAN. By Mr. DANIEL E. LUNGREN of Cali- zures’’], and Amendment VI [‘‘the accused H.R. 2082: Mr. FITZPATRICK. fornia (for himself and Mr. SERRANO): shall . . . have compulsory process for ob- H.R. 2130: Ms. HIRONO and Mr. CAPUANO. H. Con. Res. 132. Concurrent resolution taining witnesses in his favor . . .’’]. H.R. 2239: Mr. BOREN. providing funding to ensure the printing and By Mr. GEORGE MILLER of Cali- H.R. 2267: Mr. QUIGLEY Mr. HARPER, Mr. production of the authorized number of cop- fornia: LARSEN of Washington, Mr. CLARKE of Michi- ies of the revised and updated version of the H.R. 6135. gan, Mr. LUETKEMEYER, and Mr. CARTER. House document entitled ‘‘Hispanic Ameri- Congress has the power to enact this legis- H.R. 2335: Mr. SESSIONS. cans in Congress’’, and for other purposes; to lation pursuant to the following: H.R. 2468: Mr. BARROW. the Committee on House Administration. Art. 1 sec. 8, clause 1 and 3 H.R. 2479: Mr. PAUL. By Mr. MURPHY of Pennsylvania: By Mr. MURPHY of Pennsylvania: H.R. 2499: Mr. CROWLEY and Ms. BONAMICI. H. Con. Res. 133. Concurrent resolution au- H.R. 6136. H.R. 2566: Mr. MORAN. thorizing the use of the rotunda of the Congress has the power to enact this legis- H.R. 2637: Mr. DOYLE and Ms. ROYBAL- United States Capitol for an event to present lation pursuant to the following: ALLARD. the Congressional Gold Medal to Arnold This bill is enacted pursuant to the power H.R. 2672: Mr. CARNAHAN. Palmer, in recognition of his service to the granted to Congress under Article I, Section H.R. 2962: Mr. FITZPATRICK. Nation in promoting excellence and good 9, Clause 7 of the United States Constitution. H.R. 2982: Ms. LORETTA SANCHEZ of Cali- sportsmanship in golf; to the Committee on f fornia, Mr. DAVID SCOTT of Georgia, and Mr. House Administration. LARSEN of Washington. By Mr. LIPINSKI: ADDITIONAL SPONSORS H.R. 3091: Mr. WESTMORELAND. H. Res. 731. A resolution expressing the Under clause 7 of rule XII, sponsors H.R. 3179: Mr. AMODEI. sense of the House of Representatives that were added to public bills and resolu- H.R. 3187: Mr. VAN HOLLEN, Ms. SUTTON, clothing issued to athletes representing the and Mr. LANKFORD. United States of America should be made in tions as follows: H.R. 3238: Ms. FUDGE and Mr. TOWNS. America; to the Committee on the Judiciary. H.R. 139: Mr. SIRES. H.R. 3242: Mr. CLAY. By Mr. FRANKS of Arizona (for him- H.R. 178: Mr. WOMACK, Mr. REED, and Mr. H.R. 3323: Mr. SCOTT of South Carolina. self, Mr. SHERMAN, Mr. WOLF, Mr. GERLACH. H.R. 3395: Mr. LOEBSACK. PITTS, Mr. CONNOLLY of Virginia, Mr. H.R. 181: Mr. WOMACK. H.R. 3423: Mr. BARLETTA. SMITH of New Jersey, Mrs. HARTZLER, H.R. 219: Mr. ROSS of Florida. H.R. 3429: Mr. CASSIDY and Mr. Mr. VAN HOLLEN, Mr. BURTON of Indi- H.R. 333: Mr. STIVERS, Mr. REED, Mr. SOUTHERLAND. ana, Mr. BRADY of Pennsylvania, Mr. YODER, Mrs. BONO MACK, and Mr. ISRAEL. H.R. 3496: Mr. DOGGETT.

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H.R. 3510: Mr. BARTLETT. H.R. 6003: Mr. STARK. Page 3, line 20, insert after the dollar H.R. 3553: Ms. CLARKE of New York. H.R. 6009: Mr. GOSAR. amount the following: ‘‘(reduced by H.R. 3591: Mr. CRITZ. H.R. 6043: Mrs. MYRICK. $23,710,000)’’. H.R. 3612: Mr. CARNAHAN and Mr. MCIN- H.R. 6046: Mr. MILLER of North Carolina. Page 4, line 8, insert after the dollar TYRE. H.R. 6062: Ms. HIRONO and Mr. AMODEI. amount the following: ‘‘(reduced by H.R. 3643: Mr. HIMES. H.R. 6063: Mr. SHULER. $23,900,000)’’. H.R. 3728: Mr. SCHILLING. H.R. 6075: Mr. PAUL. Page 8, line 2, insert after the dollar H.R. 3762: Mr. BARROW. H.R. 6082: Mr. LAMBORN and Mr. LANDRY. amount the following: ‘‘(reduced by H.R. 3769: Mr. TONKO. H.R. 6087: Mr. KEATING, Mrs. CAPPS, and $10,100,000)’’. H.R. 3798: Ms. EDWARDS, Mr. MEEKS, and Mr. CARNAHAN. Page 8, line 11, insert after the dollar Mr. SCHIFF. H.R. 6088: Mr. JONES, Mr. PAUL, and Mr. amount the following: ‘‘(reduced by H.R. 3803: Mr. LANCE. FINCHER. $1,360,000)’’. H.R. 3816: Mr. BUCSHON. H.R. 6089: Mr. YOUNG of Alaska, Mr. DUFFY, Page 8, line 15, insert after the dollar H.R. 3993: Mr. TURNER of New York. and Mr. AMODEI. amount the following: ‘‘(reduced by H.R. 4037: Mr. FALEOMAVAEGA, Mr. YOUNG H.R. 6092: Mr. YOUNG of Alaska. $2,230,000)’’. of Alaska, and Mr. HONDA. H.R. 6097: Ms. BUERKLE, Mr. MILLER of Page 8, line 24, insert after the dollar H.R. 4054: Ms. HIRONO. Florida, Mr. HARRIS, Mr. COBLE, Mr. BURTON amount the following: ‘‘(reduced by H.R. 4057: Mr. HOLT, Mr. HANNA, and Ms. of Indiana, and Mr. HASTINGS of Washington. $3,970,000)’’. HIRONO. H.R. 6107: Mr. WESTMORELAND and Ms. Page 153, line 15, insert after the dollar H.R. 4066: Mr. KISSELL and Ms. HOCHUL. BORDALLO. amount the following: ‘‘(increased by H.R. 4070: Ms. HIRONO and Mr. BACHUS. H.J. Res. 78: Mr. STARK. $187,770,000)’’. H.R. 4124: Ms. HIRONO. H.J. Res. 90: Ms. DELAURO. H.R. 5856 H.R. 4158: Ms. EDWARDS and Mr. MCCAUL. H.J. Res. 110: Mr. WALSH of Illinois. OFFERED BY: MR. NADLER H.R. 4160: Mr. AMODEI. H. Con. Res. 87: Mr. CLEAVER. AMENDMENT NO. 5: Page 2, line 22, insert H.R. 4169: Mr. HASTINGS of Florida, Ms. H. Res. 134: Mr. HUIZENGA of Michigan and after the dollar amount the following: ‘‘(in- MOORE, Ms. EDDIE BERNICE JOHNSON of Mr. DENT. creased by $426,636,000)’’. Texas, Ms. BROWN of Florida, Mr. CLEAVER, H. Res. 285: Mr. BLUMENAUER. Page 3, line 9, insert after the dollar and Mr. DOGGETT. H. Res. 295: Mr. LATHAM. amount the following: ‘‘(increased by H.R. 4170: Mr. CLAY. H. Res. 298: Mr. YODER and Mr. RANGEL. $217,282,000)’’. H.R. 4235: Mr. DEUTCH and Mr. FINCHER. H. Res. 341: Mr. YODER. Page 3, line 20, insert after the dollar H.R. 4238: Mr. WALZ of Minnesota. H. Res. 351: Mr. HURT, Mrs. BLACKBURN, and amount the following: ‘‘(increased by H.R. 4248: Mr. ANDREWS. Mr. ROE of Tennessee. $191,935,000)’’. H.R. 4342: Mr. CRAWFORD. H. Res. 484: Mr. AL GREEN of Texas. Page 4, line 8, insert after the dollar H.R. 4345: Mr. HARPER. H. Res. 652: Mr. PAULSEN and Mr. ELLISON. amount the following: ‘‘(increased by H.R. 4373: Mr. GRIJALVA. H. Res. 662: Mr. WESTMORELAND. $236,374,000)’’. H.R. 4403: Mr. MANZULLO. H. Res. 687: Mr. VISCLOSKY. Page 4, line 21, insert after the dollar H.R. 4405: Mr. SHIMKUS, Mr. ROSS of Flor- H. Res. 713: Mr. CLEAVER, Ms. LORETTA amount the following: ‘‘(increased by ida, Mr. CARTER, Mr. RIVERA, Mr. CHABOT, SANCHEZ of California, Ms. CLARKE of New $49,872,000)’’. and Mr. COBLE. York, Ms. BALDWIN, Mr. COHEN, Ms. WATERS, Page 5, line 9, insert after the dollar H.R. 4818: Mr. KISSELL. Ms. LEE of California, Mr. FRANK of Massa- amount the following: ‘‘(increased by H.R. 5195: Mr. HINCHEY AND MS. NORTON. chusetts, Mr. FATTAH, Mrs. CHRISTENSEN, Ms. $16,690,000)’’. H.R. 5542: Mr. WALZ of Minnesota, Mr. CHU, Mr. VAN HOLLEN, Mr. HONDA, and Mr. Page 5, line 23, insert after the dollar ISRAEL, Mr. DOYLE, Mr. KISSELL, Mr. GENE DAVIS of Illinois. amount the following: ‘‘(increased by GREEN of Texas, Mr. BACA, Mr. DEFAZIO, and f $13,569,000)’’. Ms. SEWELL. Page 6, line 13, insert after the dollar H.R. 5545: Mr. FILNER. AMENDMENTS amount the following: ‘‘(increased by H.R. 5638: Mr. SCHAKOWSKY. Under clause 8 of rule XVIII, pro- $15,370,000)’’. H.R. 5684: Mr. BRALEY of Iowa, Ms. PINGREE Page 7, line 2, insert after the dollar posed amendments were submitted as of Maine, Mr. MURPHY of Connecticut, Mr. amount the following: ‘‘(increased by HOLT, Ms. SPEIER, Mr. HINCHEY, Ms. HAHN, follows: $75,780,000)’’. Ms. RICHARDSON, and Mr. MEEKS. H.R. 5856 Page 7, line 16, insert after the dollar H.R. 5707: Mr. WALZ of Minnesota. OFFERED BY: MR. KINGSTON amount the following: ‘‘(increased by H.R. 5708: Mrs. ELLMERS and Mr. JONES. $26,735,000)’’. AMENDMENT NO. 2: Page 8, line 2, after the Page 8, line 2, insert after the dollar H.R. 5741: Mr. CICILLINE and Mr. SCHOCK. dollar amount, insert ‘‘(reduced by H.R. 5796: Mr. LANCE, Mr. MULVANEY, Mr. amount the following: ‘‘(reduced by $4,100,000)’’. $568,000,000)’’. KINZINGER of Illinois, Mr. DAVID SCOTT of Page 8, line 11, after the dollar amount, in- Georgia, Mr. SCHOCK, and Mr. COBLE. Page 8, line 11, insert after the dollar sert ‘‘(reduced by $4,200,000)’’. amount the following: ‘‘(reduced by H.R. 5822: Mr. COBLE and Mr. ADERHOLT. Page 8, line 15, after the dollar amount, in- H.R. 5840: Mr. SCHIFF, Mr. FLEISCHMANN, $295,000,000)’’. sert ‘‘(reduced by $2,300,000)’’. Mr. HIMES, Mrs. BLACKBURN, Mr. THOMPSON Page 8, line 15, insert after the dollar Page 8, line 24, after the dollar amount, in- amount the following: ‘‘(reduced by of Pennsylvania, Mr. COOPER, Mrs. MALONEY, sert ‘‘(reduced by $1,900,000)’’. Ms. MOORE, Mr. YOUNG of Alaska, Mr. KILDEE $255,000,000)’’. Page 10, line 23, after the dollar amount, Page 8, line 24, insert after the dollar and Mrs. CAPPS. insert ‘‘(reduced by $4,000,000)’’. amount the following: ‘‘(reduced by H.R. 5844: Mr. DOYLE. Page 11, line 25, after the dollar amount, H.R. 5846: Mr. TERRY and Mr. LONG. $314,000,000)’’. insert ‘‘(reduced by $700,000)’’. Page 10, line 23, insert after the dollar H.R. 5850: Mr. DEUTCH and Mr. ISRAEL. Page 12, line 17, after the dollar amount, amount the following: ‘‘(reduced by H.R. 5864: Ms. SUTTON. insert ‘‘(reduced by $53,900,000)’’. $67,000,000)’’. H.R. 5879: Mr. SCHILLING. Page 13, line 9, after the dollar amount, in- Page 11, line 8, insert after the dollar H.R. 5907: Ms. RICHARDSON and Mr. CAR- sert ‘‘(reduced by $1,200,000)’’. amount the following: ‘‘(reduced by DOZA. Page 153, line 15, after the dollar amount, $21,000,000)’’. H.R. 5910: Mr. ANDREWS. insert ‘‘(reduced by $72,300,000)’’. Page 11, line 17, insert after the dollar H.R. 5911: Mr. KING of Iowa. amount the following: ‘‘(reduced by H.R. 5929: Mr. SCHOCK and Mr. DOLD. H.R. 5856 $17,000,000)’’. H.R. 5942: Mr. WILSON of South Carolina. OFFERED BY: MR. POE OF TEXAS Page 11, line 25, insert after the dollar H.R. 5943: Mr. BRALEY of Iowa and Mr. AMENDMENT NO. 3: Page 125, lines 17 and 19, amount the following: ‘‘(reduced by KELLY. after each dollar amount, insert ‘‘(reduced $20,000,000)’’. H.R. 5957: Mr. KLINE. by $1,300,000,000)’’. Page 12, line 17, insert after the dollar H.R. 5959: Ms. LEE of California. Page 153, line 15, after the dollar amount, amount the following: ‘‘(reduced by H.R. 5969: Mr. LATHAM. insert ‘‘(increased by $1,300,000,000)’’. $101,000,000)’’. H.R. 5970: Mr. LATHAM. H.R. 5856 Page 13, line 9, insert after the dollar H.R. 5974: Mr. CICILLINE. OFFERED BY: MS. MCCOLLUM amount the following: ‘‘(reduced by H.R. 5977: Mr. WAXMAN. $36,000,000)’’. H.R. 5978: Ms. PINGREE of Maine, Mr. AMENDMENT NO. 4: Page 2, line 22, insert H.R. 5856 HONDA, Mr. MCGOVERN, and Ms. HAHN. after the dollar amount the following: ‘‘(re- H.R. 5979: Mr. PRICE of Georgia. duced by $96,950,000)’’. OFFERED BY: MR. LANGEVIN H.R. 5990: Mr. JOHNSON of Illinois. Page 3, line 9, insert after the dollar AMENDMENT NO. 6: Page 9, line 6, after the H.R. 5991: Mr. LUJA´ N and Mr. AMODEI. amount the following: ‘‘(reduced by dollar amount, insert ‘‘(reduced by H.R. 6000: Mr. KLINE. $25,550,000)’’. $15,000,000)’’.

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VerDate Mar 15 2010 03:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JY7.036 H17JYPT1 jbell on DSK7SPTVN1PROD 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, SECOND SESSION

Vol. 158 WASHINGTON, TUESDAY, JULY 17, 2012 No. 107 Senate The Senate met at 10 a.m., and was U.S. SENATE, THE DISCLOSE ACT called to order by the Honorable CHRIS- PRESIDENT PRO TEMPORE, Mr. President, the corrosive effect of TOPHER A. COONS, a Senator from the Washington, DC, July 17, 2012. money on American politics isn’t a State of Delaware. To the Senate: product of the 21st century. More than Under the provisions of rule I, paragraph 3, 100 years ago, moneyed special inter- of the Standing Rules of the Senate, I hereby PRAYER appoint the Honorable CHRISTOPHER A. ests had already tested the integrity of The Chaplain, Dr. Barry C. Black, of- COONS, a Senator from the State of Dela- this country’s political system. fered the following prayer: ware, to perform the duties of the Chair. In 1899, copper billionaire William Let us pray. DANIEL K. INOUYE, Clark was elected to the U.S. Senate by God of grace and glory, You have al- President pro tempore. the Montana State legislature. The ready blessed us this day. We pause Mr. COONS thereupon assumed the contest was considered so blatantly now to acknowledge that we borrow chair as Acting President pro tempore. swayed by bribery the Senate refused to seat him. Here is how Clark fa- our heartbeats from You and that be- f cause of You we live and breathe and mously responded: RECOGNITION OF THE MAJORITY move and have our being. I never bought a man who wasn’t for sale. LEADER Continue to nourish and sustain this We in Nevada have some connection Nation during these difficult and dan- The ACTING PRESIDENT pro tem- with that name because Las Vegas is in gerous days. Thank You for the brave pore. The majority leader is recog- Clark County. Clark County was men and women in our Armed Forces nized. formed in the early part of the 20th and the members of their families who f century. The largest county in Amer- daily sacrifice to keep freedom’s flame ica was Lincoln County and that was burning. DISCLOSE ACT OF 2012—MOTION TO divided between Lincoln and Clark Lord, surround our lawmakers this PROCEED Counties, and this character, William day with Your spirit of reconciliation Mr. REID. Mr. President, I now move Clark, is who that county was named that they may put aside that which to proceed to Calendar No. 446, S. 3369. after. brings division and embrace that which The ACTING PRESIDENT pro tem- But after Clark made this remark, engenders unity. May Your blessing pore. The clerk will report. and people realized he had blatantly and benediction enable our Senators to The legislative clerk read as follows: swayed the State legislature by brib- work together in harmony and peace. Motion to proceed to S. 3369, a bill to ery, the U.S. Senate refused to seat We pray in Your merciful Name. amend the Federal Election Campaign Act of him. He became a Senator anyway— Amen. 1971 to provide for additional disclosure re- not for long, but he became a Senator. quirements of corporations, labor organiza- As I have learned from people who f tions, super PACs, and other entities, and for know a lot about Montana history, other purposes. Clark was very clever. The Governor of PLEDGE OF ALLEGIANCE SCHEDULE the State of Montana went to San The Honorable CHRISTOPHER A. COONS Mr. REID. For the information of all Francisco, to the acting governor—the led the Pledge of Allegiance, as follows: Senators, the time until 12:30 p.m. lieutenant governor—after he was de- I pledge allegiance to the Flag of the today will be divided and controlled be- nied his seat, and he reappointed him United States of America, and to the Repub- tween the two leaders or their des- to the Senate. So he got to the U.S. lic for which it stands, one nation under God, ignees, with the Republicans control- Senate by virtue of the shenanigans indivisible, with liberty and justice for all. ling the first 30 minutes and the major- that took place. Incensed Montana vot- ity the second 30 minutes. ers went on to pass the Corrupt Prac- f We will recess from 12:30 p.m. until tices Act via a referendum. They voted 2:15 p.m. today to allow for our weekly for it. Less than a decade later, Repub- APPOINTMENT OF ACTING caucus meetings. lican President Theodore Roosevelt PRESIDENT PRO TEMPORE Additionally, the time from 2:15 p.m. reined in unlimited corporate giving to The PRESIDING OFFICER. The until 3 p.m. will be equally divided and political candidates at the Federal clerk will please read a communication controlled. At 3 p.m. there will be a level as well—not only in Montana but to the Senate from the President pro cloture vote on the motion to proceed at the Federal level. tempore (Mr. INOUYE). to the DISCLOSE Act, which was de- This Nation has a long history of cur- The legislative clerk read the fol- bated last night and will be debated tailing the corrupt influence of money lowing letter: again this morning. in politics. But with the Citizens

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

S5051

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That disastrous work to ensure all Americans—not just This bizarre conclusion can only be decision opened the door for corpora- the wealthy few—have an equal voice reached by politicians and budget ana- tions, anonymous billionaires, and for- in the political process. lysts who have never worked a day in eign interests to spend hundreds of mil- RECOGNITION OF THE MINORITY LEADER the private sector, who don’t under- lions of dollars influencing voters. The ACTING PRESIDENT pro tem- stand what goes into cutting a pay- For anyone who dismisses this pore. The Republican leader is recog- check for employees, and who don’t change as politics as usual, they should nized. have a concept of the planning—the think again. During this year’s elec- TAX INCREASES planning—that is necessary to operate tion, outside spending by GOP shell Mr. MCCONNELL. Mr. President, last a business on thin margins in a tough groups is expected to top $1 billion— week, in response to another dis- economy. that is billion with a ‘‘B.’’ The names appointing month of job growth, Presi- This shows how out of touch these of these new front groups contain dent Obama issued a truly bizarre ulti- people are, to rely on the analysis of words that are warm and fuzzy, such as matum—a truly bizarre ultimatum: Ivy Tower liberals instead of listening ‘‘freedom’’ and ‘‘prosperity.’’ But make Let me raise taxes on a million busi- to the jobs groups that have been no mistake, there is nothing free about nesses or I will raise taxes on every- pleading with us to fix this problem an election purchased by a handful of body. Let me raise taxes on a million sooner rather than later and end the billionaires for their own self-interest. businesses or I will raise taxes on ev- uncertainty that is acting like a big Just one of those outside groups— erybody. wet blanket over our entire economy. just one of them—backed by wealthy Yesterday, Democratic leaders in Today another nonpartisan group, oil interests, has promised to spend Congress took this strange new eco- the Business Roundtable, urged Con- $400 million on negative ads filled with nomic theory—whereby politicians pur- gress to adopt the Republican plan to half truths and distortions of President port to help job creation by hurting job extend current tax law for a year and Obama’s record. By comparison, during creators—to dizzying new heights. Yes- make a bridge to tax reform. In a letter the 2008 election—less than 4 years terday, Senate Democratic leaders said to Congress, the group’s chairman, ago—Senator JOHN MCCAIN’s Presi- they would actually prefer—prefer—to Boeing CEO Jim McNerney, warned: dential campaign spent $370 million see America go off the so-called fiscal Without effective action soon, this uncer- total. That was a huge amount of cliff this coming January—along with tainty will spawn a dangerous crisis, threat- money in that day, but it is being the trauma that would unleash on our ening our economy, businesses and workers. dwarfed by these outside groups this economy—than let businesses maintain What Republicans have been saying year. So this year one group’s special their existing tax rates. That was the is that we should eliminate this uncer- interest money will dwarf the entire position of Democratic leaders yester- tainty right now. We should eliminate budget of the Republican nominee JOHN day: They would rather see America go the uncertainty that Boeing employ- MCCAIN in the last Presidential elec- off the fiscal cliff in January than let a ees—nearly 85,000 of whom work in tion. million businesses maintain their cur- Washington State—and so many others Democrats and the majority of Amer- rent tax rates. are facing right now. We should tackle icans believe these unlimited corporate It is an astonishing admission—an these problems now rather than wait- special interest contributions should be astonishing admission. Democrats in ing until the end of the year. outlawed. But in the post-Citizens Congress are now saying they would Let me just boil it down. Faced with United world, the least we should do is rather see taxes go up on every Amer- the slowest economic recovery in mod- require groups spending millions on po- ican at the end of the year than let ern times, chronic joblessness, and the litical attack ads to disclose the do- about a million businesses keep what lowest percentage of able-bodied Amer- nors. We owe it to the voters to let they earn now. They would rather let icans actually participating in the them judge for themselves the attacks taxes go up on everybody in the coun- workforce in literally decades, Demo- and the motivation behind them. But try rather than allow a million busi- crats’ one-point plan to revive the they can only do that if they know who nesses to keep the money they earn economy is this: You earn, we take. is doing it. The DISCLOSE Act would now. You earn, we take is apparently the require political organizations of all This isn’t an economic agenda—it is only thing they have. stripes, liberal and conservatives alike, not an economic agenda—it is an ideo- Surely we can do better. I know we to disclose donations in excess of logical crusade. This morning, Ernst & can, and so do the American people. $10,000 if they will be used for campaign Young is releasing a study which shows Mr. President, I yield the floor. that President Obama’s plan to raise purposes. RESERVATION OF LEADERSHIP TIME Safeguarding fair and transparent taxes on these businesses will result in The ACTING PRESIDENT pro tem- elections used to be an arena where 710,000 fewer jobs. What a great idea: pore. Under the previous order the Democrats and Republicans could find Let’s raise taxes on a million of our leadership time is reserved. common ground. As far back as 1997, most successful small businesses and the Republican leader, our friend Sen- eliminate 700,000 jobs in the middle of ORDER OF BUSINESS ator MCCONNELL, said, ‘‘Disclosure is the most tepid recovery in anybody’s Under the previous order, the time the best disinfectant.’’ In fact, 14 Re- memory. What a terrific idea. For until 12:30 will be equally divided and publicans now serving in the Senate those who manage to keep their jobs, controlled between the two leaders or voted to support stronger disclosure real aftertax wages would fall by an es- their designees, with the Republicans laws in the year 2000. Yet last night, timated 1.8 percent, meaning living controlling the first 30 minutes and the those same 14 Republicans did an standards would decline as government majority controlling the second 30 min- about-face, and every one of my Repub- sucks more capital out of the economy. utes. lican colleagues voted to block the The President’s proposal, in other The Senator from Alabama. DISCLOSE Act. words, is a recipe for economic stagna- THE ECONOMY It is obvious the Republican priority tion and decline—a recipe for economic Mr. SESSIONS. Mr. President, I is to protect a handful of anonymous stagnation and decline. But the Murray would like to thank Senator MCCON- billionaires—billionaires willing to proposal—the idea we should raise NELL for his remarks and the funda- contribute hundreds of millions of dol- taxes on everybody—is even worse. Not mental truth of those remarks that lars to change the outcome of elec- only would it trigger another reces- this administration and the majority tions. But today, again, they will have sion, it would put the global economy in this Senate want to raise taxes. an opportunity to consider that back- at risk. Here is the Democratic theory: They think that raising taxes and wards priority. We are doing that with that a massive income tax increase on spending more through the government the motion to reconsider which I an- 140 million American taxpayers will somehow lift the economy. We nounced last night. They will have the wouldn’t be so bad because the effects have been shown that is not so.

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.004 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5053 Our Democratic colleagues stayed to the Budget Committee chairman. I crease the debt, and therefore increase here last night talking about an issue am the ranking Republican on the the interest needed to service the debt. that doesn’t have the support to pass, Budget Committee, and Senator CON- It is crystal clear that the legislation and they should have been talking RAD chairs the Budget Committee. provides no flexibility whatsoever to about the fundamental threat to our So the Budget Control Act plainly inflate spending authority for this in- economy: not having a budget. Why dictates that beginning on October 1 of terest payment. It is a direct violation aren’t we moving forward with a budg- this year, spending limits would be de- of the Budget Control Act, but he had et? Why aren’t we moving forward with rived from the Congressional Budget to do that to justify and account for the appropriations bills that are nec- Office’s baseline. This is crucial be- the $14 billion increase over the level essary to fund the government come cause the CBO baseline contains the that was agreed to last August. October 1? The majority leader, Sen- $2.1 trillion in spending cuts over 10 I sent two letters to Chairman CON- ator REID, has announced he has no in- years—really, reductions in spending RAD urging him to correct and re-file tention to pass a single one, not even growth, and not so much cuts—that the the proper numbers, but it is evident to bring them up. deal was supposed to implement in ex- that the chairman does not intend to So we will end up, in late September, change for the immediate $2.1 trillion do so. So we will be looking for an al- passing a continuing resolution to fund raising of the debt ceiling. ternative course. This is a matter that the government—there is no telling Herein lies the scandal. Although it ought to be considered by the full Sen- what else will be tied up in that—which was buried in the spending allocation ate, so I plan to pursue a vote on the will create instability and uncertainty that Senator CONRAD sent out, my staff inflated spending levels. Each Senator because this Democratic-led Senate on the Senate Budget Committee dis- will therefore have to examine their has refused to pass a budget, refused to covered that Senator CONRAD did not own conscience and consider their duty lay out a plan for the future, and re- file an outlay limit based on the CBO to their constituents, to the Nation, fused to move the appropriations bills. baseline. Instead, the outlay total he and to the financial future of our coun- I have been here 15 years. This is the filed was $14 billion higher—curiously try. first time I have ever seen us not move matching exactly the spending levels Plainly, this action violates the spir- a single appropriations bill. When I that President Obama had requested in it and the terms of the 10-year Budget first came here, we would move almost the budget he submitted to Congress in Control Act agreement that was made every 1 of the appropriations bills be- February. last August, just 11 months ago. At fore September 30. It is hard work. We Although this discovery was not that time, Congress declared that we have to bring up the bill, decide how readily apparent, Chairman CONRAD, to would exercise some spending re- much we want for the Department of his credit—he is an honorable man— straint. And $2.1 trillion in reduced Defense, or the Department of Agri- does not dispute it. He simply asserts spending is really a reduction in the culture, or the Department of Edu- that it is within his discretion to uni- growth of spending and not an elimi- cation, and members offer amendments laterally set a higher total. nation of all growth in spending. We Again, because the CBO baseline re- and debate and do their work. That is would go from something like $37 tril- flects the spending reductions passed what we are supposed to be doing, but lion being spent over 10 years to $35 by Congress and signed into law, an in- we are not. trillion. It is not going to break Amer- Today I want to talk about and call crease above the baseline—as the allo- ica. But to hear the wails that come attention to another serious—scan- cation that he submitted allows—is an about, you would think it would. dalous, really—development in the way abrogation of the bipartisan agreement So the test will be, in this first year the Democratic leadership in this Sen- we reached last August. since the passage of the debt deal will ate is systemically dismantling the We told the American people: OK, we we adhere to its modest restrictions or statutorily required budget process. It raised the debt ceiling. A lot of people will we blink? is a tale of how we are going broke. didn’t want to do it. A lot of Americans Let me begin with a review of the sit- were hot about it. We said: But we are We have Members of Congress—and I uation. Last summer, Congress and the going to cut spending by that amount have raised this issue over the years— President faced a serious crisis as a re- over 10 years. who seem to take it as a personal chal- sult of the fact that surging govern- As reported by the publication, CQ: lenge to see how they can spend more ment spending had driven our debt to Conrad did not counter Sessions’ claim money than they are allocated. It hap- the highest level allowed—the debt that the elevated outlay limit would allow pens every year. This is how a country ceiling. We were hitting the debt ceil- higher spending in fiscal year 2013. goes broke. The consequences of the ing. Do you remember that? A deal was But let me emphasize, this is not just annual manipulations and gimmicks struck then to raise the debt ceiling. the fault of Senator CONRAD. This large have great impact over time. These are That is what the President wanted. violation of the Budget Control Act is not small matters. Think about it. He didn’t want to cut spending 40 per- without doubt the decision of Senator This is a chart I put together. This cent. We were borrowing—and we still REID, the Democratic leader, his lead- year we are adding $14 billion more to borrow—almost 40 cents of every dollar ership team, and the members of the the baseline spending in our country we spend. All government programs Democratic caucus who support him. than agreed to, and this gimmick adds would have had to have been cut 40 per- Remember, outlays are the spending $14 billion to the baseline next year. cent if we didn’t raise the debt ceiling. figures which directly register on the One may think: It is only $14 billion, Amazing as that sounds, this is debt. Mr. President, $14 billion in high- JEFF. Calm down. undisputable. er outlays in 2013 means $14 billion Alabama’s general fund budget, not Republicans prevailed in their insist- added to the debt. It is just that sim- including education, is less than $2 bil- ence that spending should be reduced ple. In fact, the higher debt that will lion. To us $14 billion is a lot of money, over 10 years by an amount equal to accrue next year as a result of the and we are an average-sized State. This the increase in the debt ceiling last Au- higher spending level means the is how we need to think about these gust. The legislation this deal pro- amount of interest we pay on the debt manipulations because it is very sig- duced, the Budget Control Act, set cer- we accrue will be greater and will also nificant as time goes by. tain spending limits in the absence of a exceed CBO baseline limits. If we violate the baseline next year, budget resolution that we should have As a result, the chairman had to also in 2013, by $14 billion, that goes into passed in the Senate as required by boost spending authority for the Fi- the spending level for the next year. law. So these spending limits came nance Committee by $79 million to Then if next year we violate it again, it into effect when the chairman of the compensate for the higher interest pay- is not just $14 billion, we are adding $14 Budget Committee, Senator CONRAD, ments on the $14 billion added to the billion on top of the $14 billion gim- filed the allocation numbers into the debt. This shows that the debt deal leg- mick in the spending level this year. It CONGRESSIONAL RECORD, telling every islation has been violated not only in is $28 billion next year. Added to the Senate committee how much it was al- spirit but in letter. Why? Because if we $14 billion we ripped off the taxpayers lowed to spend. That is the power given increase discretionary outlays, we in- the previous year, it is $42 billion.

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.006 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5054 CONGRESSIONAL RECORD — SENATE July 17, 2012 Do you see how that goes up? Each ing and prepared to lay out a budget getting bin Laden. How was he re- year is adding to it, and we have been plan for the Democrats. He called on warded for this heroism? Where is Dr. doing this kind of thing consistently. him not to do so. For 3 years they have Shakil Afridi now? He has been impris- If we gimmick the budget $14 billion not had a budget. We did not even oned by the Pakistani Government for a year—and I remember doing a chart bring one up this year. 33 years. similar to this about 10 years ago, and They treat any effort to rein in waste For 10 years we searched for bin we gimmicked the budget $18 billion and abuse as evidencing a hatred for Laden high and low throughout Af- that year and there are probably other those who are suffering and truly in ghanistan, throughout the world, gimmicks we are not including—this need. We want to help people in need. throughout the mountains. We found $14 billion gimmick puts us on a track But anybody who knows these pro- him living comfortably in a city only to add $770 billion to the debt of the grams, such as some of the stuff that is miles from a military academy, and United States over 10 years. coming out now on food stamps, knows then the doctor who helped us Paki- We have to adhere to the agreements there is waste, fraud and abuse and we stan has now imprisoned for 33 years. we make. If we do not stand with those can clean them up and save money and How did the President respond to agreements, then we make a mockery not hurt people truly in need. From the this? How did President Obama’s ad- of law, we make a mockery of the Sen- IRS checks sent to illegal aliens that ministration respond to the impris- ate, we undermine the respect and the inspector general of the U.S. Treas- oning of this doctor, the doctor who trust the American people have in us. ury Department said has to end, to lav- helped us get bin Laden? President If we run up $770 billion more, we pay ish GSA parties in Las Vegas, reckless Obama sent them another $1 billion interest on that, estimated at $112 bil- abuse in the food stamp program, and last week. We already sent Pakistan $2 lion, that $14 billion gimmicked-up now this surreptitious 14 billion debt billion, and they disrespect us, so what spending adds $900 billion to the debt. increase, there is no financial account- did we do? We sent them another $1 bil- Remember, we are in debt today. ability in Washington. lion. People around this town are be- Every $1 we spend more than what we I will be working to erase this $14 bil- moaning there is not enough money for agree to is borrowed. Any more spend- lion spending increase. It is important. our military. Yet we took $1 billion out ing is borrowed because we are in debt I urge my colleagues to join me so our of the Defense Department, an extra $1 now—nearly 40 percent of the money actions will be consistent with our billion, and sent it to Pakistan last we spend is borrowed. We spend about promises to the American people made week. Where is Dr. Afridi? In jail for 33 $3.7 trillion and we take in about $2.4 last August; otherwise we are breach- years. trillion and we borrow the rest. It is ing this agreement the first year. It is I have obtained the signatures nec- unsustainable. always a gimmick and a danger to essary to have a vote on this. The lead- Meanwhile, the President continues spend today and promise to pay for it ership does not want to allow a vote on his call for higher taxes, saying that in the future—spend more today than this, but I will, one way or another, get taxing more will reduce the deficit. the agreement called for, but we are a vote on ending aid to Pakistan if But his plan for the new taxes he has going to pay for it in the future. It is they continue to imprison this doctor. proposed is to fund more spending, the first year in our agreement and it He has an appeal that will be heard more gimmicks and more fraud and has already been breached. this Thursday. If he is not successful in waste in government. I know you think The best avenue may be to raise a his appeal, if he is still imprisoned for that is not so—surely, that is not so. point of order, and we will look at that life, we will have a vote in the Senate That is not what the President is pro- to see how to bring this matter before on ending all aid to Pakistan—not a posing. But, unlike the Democratic the Senate. I will be looking for that small portion of their aid, every penny Senate, the President did comply with opportunity. But I truly believe it is a of their aid, including the $1 billion the law and submitted a budget as defining moment for us if we cannot they got last week. We will attempt to every President has done since the adhere 1 full year to the agreement we stop all aid to Pakistan. Congressional Budget Act was passed. reached last August and that we told I ask any of the Senators to step for- He submitted a budget. What did his the American people we would abide ward if they think it is a good idea and budget call for? It called for new taxes by. I think the distrust and lack of tell the American people why they are all right. It called for $1.8 trillion in confidence by the American people, al- sending their money to Pakistan. We new taxes over 10 years. But it also in- ready felt in Congress, will continue to have bridges crumbling, we have roads creased spending by $1.6 trillion. Do further erode. crumbling, we have schools crumbling, you see what is happening there? The I yield the floor. and we are sending money to Pakistan, President’s proposal calls for $1.6 tril- The ACTING PRESIDENT pro tem- which disrespected us. We spent billion in new spending, above the Budget pore. The Senator from Kentucky. lions, if not maybe trillions of dollars, Control Act level we agreed to in Au- END PAKISTAN AID on the wars in Pakistan and Afghani- gust. He proposes to wipe out the cuts. Mr. PAUL. Mr. President, the ques- stan trying to get bin Laden and then He proposes to spend $1.6 trillion more tion remains should taxpayers be the doctor who helps us is now in jail than we agreed to in August, and he forced to send money overseas to coun- for 33 years. pays for it with $1.8 trillion in new tries that disrespect us or, more pre- Everywhere I go across our country— taxes. cisely, should we borrow money from in my State in Kentucky we have two He didn’t use his new taxes to pay China to send it to countries that dis- bridges that need to be replaced. We down the debt. He used the new taxes respect us. Should we borrow money have one in the middle of one of our to fund more government, more spend- from China to send to Pakistan? major cities that was closed down for 6 ing. That is not what we need to be Should we borrow money from China to months last year for repairs. We don’t doing at this point in history. We send to the Muslim Brotherhood in have the money to repair our infra- should have stayed here last night Egypt? Should we send good money structure. We are $1 trillion short of talking about the debt threat to Amer- after bad? money, period. We are borrowing over ica and not some controversial issue on For a decade we searched for bin $1 trillion a year. We now have a $16 campaign finance. Laden. We spent hundreds of billions of trillion debt that equals our entire For 3 consecutive years, this Senate dollars searching for him. Where did we economy. Yet they are still sending Democratic majority has refused to find him? Not in the remote moun- taxpayer money to dictators overseas bring forth a budget plan as required tains; we found him living comfortably who disrespect us. Eighty percent of by common sense and law. They refuse in a city in Pakistan. We found him the public thinks this should come to even to write a budget and bring it to living in the middle of the city not far an end. If we ask this question: Should the floor for consideration. They have from a military academy. We were we be sending this money overseas no financial plan for the future of helped in this search by a doctor, a when we have difficulty and needs and America. brave doctor in Pakistan by the name wants at home, 80 percent of the public Senator REID, what is your plan? He of Dr. Shakil Afridi, who helped us find would say it should end. Yet when we blocked Senator CONRAD, who was will- bin Laden, helped us with ultimately force this body to vote, 80 percent of

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.007 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5055 your Representatives are for sending Today, I wish to talk specifically The debate over renewing the credit is di- more aid overseas. They were all clam- about the PTC’s impact on the State of viding Republicans, with conservative law- oring and clapping their hands last Utah, one of America’s fastest growing makers from wind states joining Democrats week when President Obama said he wind energy producers. Similar to to push for an extension even as the pre- sumptive GOP presidential nominee, Mitt sent another $1 billion overseas—they other Western States, including my Romney, has made attacks on government all stand and clap. home State of Colorado, Utah’s geog- support for clean energy, including wind, a I don’t think the American taxpayer raphy and climate make it an ideal lo- centerpiece of his fight against President is clapping. I don’t think the American cation for wind production. It is esti- Barack Obama. taxpayer is happy we are $1 trillion in mated that if fully utilized, Utah’s After several years of domestic growth, the the hole and still sending this money wind resources could provide up to 132 U.S. wind industry faces possible layoffs and overseas to countries that disrespect percent of the current electricity shutdowns as a key federal tax credit is set us. needs. Think about that, the entire to expire. Mark Peters reports from West Branch, Iowa. What I say to Pakistan is if they State’s electricity needs could be met The tax policy, initiated two decades ago, want to be our ally, act like it. If they by wind power alone. If we look at the currently gives operators of wind farms a want to be our ally, respect us. If they map of Utah that is displayed here, we credit of about two cents per kilowatt-hour want to be our ally, work with us on will see that the largest wind projects of electricity they generate. Without the the war on terrorism. But if they want are located in Beaver and Millard credits, wind power generally can’t compete to be our ally, don’t hold Dr. Afridi, Counties, which are in western Utah. on price with electricity produced by coal- or don’t hold political prisoners, don’t In those two counties, the first wind natural gas-fired plants. Analysts predict hold people who are actually working corporation has constructed the Mil- that if the tax credit expires on Dec. 31, as it ford Wind Project. That project pro- is scheduled to, installations of new equip- with us to get bin Laden. ment could fall by as much as 90% next year, I will do everything in my power to duces enough electricity to power over after what is expected to be a record increase get this vote. They don’t want to have 64,000 homes, avoids 300,000 tons of CO2 in capacity in 2012. this vote. They like foreign aid over emissions and provides good-paying Democrats generally support federal back- here. They all love sending taxpayer jobs to hundreds of hard-working ing for wind power and other clean energy, money overseas, but they don’t want to Utahns. arguing that it needs help to compete with vote on it so they have been blocking Beyond the obvious and enormously entrenched fuel sources whose environ- this vote and they will attempt to positive effect the Milford Wind mental and health impacts often aren’t in- Project has had on the Utah environ- cluded in their costs. Mr. Obama has made block my vote. I have the signatures several campaign trips to Iowa, where he ar- necessary and you will see me on the ment, it has also been an economic gued for wind energy’s tax credits to be ex- floor next week. boon to the surrounding rural commu- tended. Most Republicans are less bullish on If Dr. Afridi is still in jail next week, nities. Beaver County’s tax base in- clean energy’s prospects, and say the govern- I will make them vote on this. It is the creased so much that it allowed for a ment shouldn’t support technologies that least taxpayers deserve. The taxpayers new elementary school to be built aren’t commercially viable on their own. deserve to know why their Senators without any tax increases to local resi- Still wind power has vigorous support from are voting to send their money over- dents. In effect, those tax receipts re- some of the reddest districts in the country, with Republican congressmen in wind-power seas when we are $1 trillion in the hole. placed a school that had fallen into dis- repair. heavy states like Texas, Iowa, and Colorado Why are their Senators voting to send backing the industry tax credit. trillions of dollars to Pakistan when This project has brought more than Mr. Romney has criticized the Obama ad- they imprison the guy who helped us $50 million in economic benefits to ministration’s support for clean-energy sub- get bin Laden. It is unconscionable. It Utah as a whole. It has created over 300 sidies. ‘‘Solar and wind is fine except it’s has to stop. The debt is a threat to tax- onsite jobs during construction and en- very expensive and you can’t drive a car with payers, our country, a threat to the Re- gaged more than 60 local Utah busi- a windmill on it,’’ Mr. Romney said at a campaign event in March in Youngstown, public, and I will do everything I can to nesses throughout construction and development. That is a win-win-win situ- Ohio. His economic plan says wind and solar force a vote on this and then the Amer- power are ‘‘sharply uncompetitive’’ forms of ican people can decide. They can decide ation no matter how we calculate it. Only if we extend the wind PTC will energy, whose jobs amount to a ‘‘minuscule whether they want to keep sending fraction’’ of the U.S. labor force. A campaign we continue to see the investment, job these people back to Washington who spokeswoman said Mr. Romney supports creation, and economic growth Utah are sending their money overseas to ‘‘the development of affordable and reliable has seen in recent years. Now is the people who have no respect for us. energy from all sources, including wind.’’ He I will do everything in my power to time for us to act to preserve and cre- hasn’t publicly called for the renewal of the ate thousands of jobs and to usher in a tax credit for wind. have this vote and we will record the ‘‘That’s a conversation I need to have with Senate. Your representatives will be clean energy future for the American people. Without our support, the Gov. Romney,’’ said Rep. Steve King, an recorded on whether they want to con- growth of the wind energy industry Iowa Republican and a member of the House tinue sending your money to Pakistan Tea Party Caucus who says 5,000 wind-indus- will slow, and, in fact, wind energy pro- while Pakistan imprisons this doctor try jobs statewide and locally-produced ducers likely will shed jobs and halt who helped us get bin Laden. clean energy are proof of the benefits of fed- I yield the remainder of my time. projects. eral policies that support wind power. Iowa The ACTING PRESIDENT pro tem- Mr. President, I ask unanimous con- has gained several wind-power manufac- sent that the article that was pub- pore. The Senator from Colorado. turing facilities in recent years and ranks lished in the Wall Street Journal this second among U.S. states in number of wind WIND PRODUCTION TAX CREDIT week be printed in the RECORD. farms, after Texas. Terry Branstad, the Mr. UDALL of Colorado. Mr. Presi- There being no objection, the mate- state’s Republican governor, also backs a re- dent, for several weeks now I have spo- rial was ordered to be printed in the newal of the credit. The production tax credit has spurred huge ken on the Senate floor, urging my col- RECORD, as follows: growth since it was signed into law by Presi- leagues of both parties to extend the [From the Wall Street Journal, July 8, 2012] wind production tax credit or, as it is dent George H.W. Bush in 1992, but it has WIND POWER FACES TAXING HEADWIND known, the PTC. The Presiding Officer kept the industry’s future tied to the vagar- (By Mark Peters and Keith Johnson) ies of Congress. The credit now is caught in has had an opportunity to listen to me WEST BRANCH, IOWA.—Acciona Windpower’s the congressional gridlock of an election on a number of occasions. I thank him generator-assembly plant here in the heart year, and a vote on renewal isn’t likely until for his interest and support. I am here of the corn belt is down to its last domestic after November. Even if renewed then, the again this morning to continue my order as the U.S. wind energy industry faces pipeline of projects next year is already work because I do not want to lose one a sharp slowdown. crimped. more American job because of our fail- Demand for the school bus-size pods it as- ‘‘In some way, it’s too late to save 2013 ure, Congress’s failure, to act. I also sembles to house the guts of a wind turbine build,’’ said Matthew Kaplan of consultancy is drying up as a key federal tax credit nears IHS Emerging Energy Research. want to assure, as I know the Presiding expiration. Acciona is now banking on for- The credits for wind have expired three Officer does, that we, the United eign orders to keep the plant going next times before, most recently in 2004, with new States, remain competitive in the glob- year, while hoping the credit will be ex- construction slowing sharply each time be- al clean energy economy. tended. fore the credit was later renewed.

VerDate Mar 15 2010 01:09 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.008 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5056 CONGRESSIONAL RECORD — SENATE July 17, 2012 Now the stakes are higher, because the why I have been urging my colleagues Federal Election Commission for any wind industry has established a manufac- to work with me to pass it as soon as campaign-related disbursement of over turing base in the U.S. to build many of the possible. $10,000 or more within 24 hours of the 8,000 parts that go in a typical turbine. In- From Colorado and Utah to Rhode Is- expenditure. dustry data show manufacturing facilities in the U.S. have more than doubled since 2009 land and beyond, the PTC has helped This basic requirement is designed to to around 470 in 2011. Meanwhile, wind’s American families and businesses pros- bring the exchange of these secret cam- share of U.S. electricity output has grown to per in a time when other industries paign dollars out of the shadows so 2.9% last year, from about 1.3% in 2008, ac- have faltered. The wind industry has Coloradans and all the American peo- cording to the Energy Information Adminis- been one of the few industries of real ple know who is trying to influence our tration. growth in recent years, and it has so elections. That is it. It is simple and it ‘‘There is a lot more skin in the game,’’ much more potential. Americans have makes sense. We are only asking that said Joe Baker, chief executive of the North said again and again that they want political spending and funding be dis- American wind power subsidiary of Acciona SA, a Spanish company. Its Iowa plant gets Congress to extend the wind PTC. Let’s closed and held to the same standard as 80% of its components from North America, not let them down. Our economy and political action committees and can- mostly made in the U.S. Almost no compo- our future depend on it. Let’s pass the didate expenditures. This sensible re- nents came from the U.S. when the plant PTC as soon as possible. It equals jobs. quirement will not create burdensome opened in 2008. I will be back on the floor tomorrow regulations or be in conflict with any Many Republicans argue that any benefits to keep fighting for this commonsense of the holdings of the Supreme Court. from wind power don’t justify government policy. Coloradans expect no less. Let’s It is the kind of commonsense trans- investment. ‘‘What do we get in return for these billions of dollars of subsidies?’’ Sen. pass the production tax credit as soon parency that Coloradans are calling Lamar Alexander, a Tennessee Republican as possible and protect American jobs. for. who has long criticized the tax credit for the Mr. President, if I might, I wish to It might sound cliched, but sunlight wind industry, said in a speech earlier this turn to another topic that is on is truly the best disinfectant. In fact, I year. ‘‘We get a puny amount of unreliable everybody’s minds, and that is the ef- heard the Republican leader, Senator electricity.’’ forts here in the U.S. Senate to reform MCCONNELL, use that same concept: Local communities are now fearing layoffs the way in which our campaigns are fi- Sunlight is truly the best disinfectant. in the industry, which employs an estimated nanced and the way in which that in- We literally step on the basic prin- 75,000 people nationwide. A Siemens AG turbine-blade factory is the largest employer in formation is shared with the public. ciples of democracy when we allow tens Fort Madison, Iowa, which has struggled Many of my colleagues took to the of millions of dollars to be secretly with one of the state’s highest unemploy- Senate floor last night to discuss the spent on our elections. ment rates. Mayor Brad Randolph said get- importance of the DISCLOSE Act and I want to emphasize that this should ting the plant ‘‘really was a corner turner,’’ to draw attention to the enormous vol- not be a partisan issue. Despite last but with industry’s current outlook ‘‘you ume of undisclosed money that is now night’s vote, you would think we could could see a large number of employees get- flowing into this campaign season and all truly agree on transparency. For ting laid off. That could be a game changer into those campaigns. Democracy is example, our colleague Senator MCCAIN the other way.’’ Vestas, a Danish company that is the big- Strengthened by Casting Light on has lamented that without the reform gest manufacturer of wind turbines in the Spending in Elections Act or, as it is of transparency, the Citizens United world, employs about 1,700 people at four fac- known in its shorter form, the DIS- decision could lead to a major cam- tories in Colorado, a relatively energy-rich CLOSE Act, is an important step for- paign finance scandal. And, of course, state that has also benefited from wind’s ward. that is not healthy for our democracy. growth. Uncertainty over the tax credit ‘‘re- It was conceived as a response to the The Supreme Court affirmed quires us to have a flexible plan for the fu- U.S. Supreme Court’s 2010 Citizens Congress’s authority to require disclo- ture that allows us to add, adjust or elimi- United decision. Many of us have sure, so let’s do our job to protect de- nate positions in 2012,’’ a Vestas spokesman watched with deep concern as the con- said. mocracy and bring sunlight to our elec- That uncertainty trickles down the supply sequences of that decision played out tions. Let’s bring the DISCLOSE Act chain. Walker Components, a privately held this election season. Unlimited and forward and pass it right away. company in Denver, expanded operations often secret contributions to organiza- I also know many Americans would more than two years ago to supply gear for tions known as super PACs are pouring like to see us overturn the effects of Vestas turbines. Now, like others that supply into our election system and literally Citizens United altogether, and there the wind industry, the company is contem- drowning out the voices of ordinary are efforts to do exactly that. For ex- plating layoffs in its wind division if the Americans who don’t happen to be mil- ample, Senator TOM UDALL of New credit expires. Acciona’s Mr. Baker said a few employees lionaires or billionaires. Mexico has introduced a constitutional recently left for other jobs, telling him they Instead of a system where candidates amendment that would give Congress wanted to be in industries with more stable exchange ideas and share their vision the power to regulate political spend- outlooks. ‘‘It became an employment issue for a more prosperous country, the ing. I support that effort. I also support for them. They’re not sure. They don’t like Citizens United decision has released a an effort to change the way in which the seesaw effect,’’ he said. relentless display of attack ads, and we fund the Presidential elections. Mr. UDALL of Colorado. Mr. Presi- the American people have no idea I have introduced legislation in the dent, that article says if Congress does where they are coming from or who is Presidential Funding Act that will re- not promote PTC, my State could lose footing the bill. This sort of unlimited form the currently outdated Presi- hundreds, if not thousands, of jobs. and secret influx of cash is raising the dential public finance system. It is a Naturally the numbers are higher with specter of corruption in our elections. bill that is aimed at preserving the suggestions and estimates that we Frankly, I am worried we are entering voices of average Americans. could lose 30,000 jobs. an era of politics that we haven’t seen In 1974 the Presidential public cam- The PTC is a perfect example of how since the Watergate scandal of some 40 paign finance system was developed in Congress can play a positive, produc- years ago. an effort to restore public faith in tive role in encouraging economic However, there is hope. Despite what elected officials after the Watergate growth and supporting American man- I thought was a misguided decision tied scandal, and it has been used in nearly ufacturing. The American people ex- to Citizens United, the Supreme Court every Presidential election since. By pect us to do everything we can to cre- did uphold Congress’s power to require establishing public financing, we allow ate jobs and economic growth. They ex- transparency when it comes to those candidates to compete based on their pect us to work across the political unlimited campaign dollars, and so the ideas instead of competing on who has aisle and produce results. They deserve DISCLOSE Act was born. the most support from special interests results, and we should not disappoint Let me share with the viewers what and deep-pocket donors. them by succumbing to election-year the DISCLOSE Act would do. It would In fact, my father, Congressman Mor- gridlock. We have a solid base of bipar- require that super PACs, corporations, ris Udall, who served in the House rep- tisan support for wind energy and for labor unions, and other independent resenting the second district in Ari- the passage of the wind PTC. That is groups file a public disclosure with the zona for some 30 years, was actually

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I be- that through the course of our coun- porations and trade unions—all of them de- lieve strongly that ethos ought to try’s history, men and women have termined to influence who is in the White apply to today’s elected officials more shed their blood, have laid down their House next year—have spent more than $160 million (excluding party expenditures). than ever. lives in order to protect this experi- That’s an incredible amount of money. The public financing system funded ment in liberty that is the ongoing gift To put it in perspective, at this point in candidates for 30 years and has en- of our country to the rest of the world. 2008, about $36 million had been spent on riched the political discourse for the When we take that experiment of lib- independent expenditures (independent country by ensuring that the American erty and turn it over to the special in- meaning independent of a candidate’s cam- people have more say than connected terests, it is a grave occasion. paign). In all of 2008, in fact, only $156 mil- insiders, special interests, or wealthy I yield the floor. lion was spent this way. In other words, donors. Unfortunately, the current sys- THE PRESIDING OFFICER. The ma- we’ve already surpassed 2008, and it’s July. In the near term, there’s nothing we can do tem’s ability to keep up with the enor- jority leader is recognized. to reverse this dramatic increase in inde- mous spending required in Presidential f pendent expenditures. campaigns has rendered it less effec- HELPING EXPEDITE AND ADVANCE Yet what really alarms us about this situa- tive. Thanks to Citizens United, public tion is that we can’t find out who is behind RESPONSIBLE TRIBAL HOME financing is no longer a viable option these blatant attempts to control the out- OWNERSHIP ACT OF 2012 to compete against unlimited special come of our elections. We are inundated with interest dollars. Mr. REID. Mr. President, I ask unan- extraordinarily negative advertising on tele- My legislation would strengthen the imous consent the Committee on In- vision every evening and have no way to dian Affairs be discharged from further know who is paying for it and what their public financing system and agenda might be. In fact, it’s conceivable incentivize candidates to obtain sup- consideration of H.R. 205, and the Sen- that we have created such a glaring loophole port from actual citizens, not special ate proceed to its immediate consider- in our election process that foreign interests interest super PACs or secret fin- ation. could directly influence the outcome of our anciers. It would ensure that our prov- The PRESIDING OFFICER (Mr. elections. And we might not even know it en public financing system will be MANCHIN). Without objection, it is so had happened until after the election, if at available for future elections, and that ordered. all. corporate and special-interest money The clerk will report the bill by title. This is because unions, corporations, The legislative clerk read as follows: ‘‘super PACs’’ and other organizations are doesn’t drown out genuine ideas and able to make unlimited independent expendi- debates in our Presidential elections. A bill (H.R. 205) to amend the Act titled tures on our elections without readily and For those of us who are committed to ‘‘An Act to authorize the leasing of re- openly disclosing where the money they are fixing our campaign finance system in stricted Indian lands for public, religious, spending is coming from. As a result, we are the wake of Citizens United, there is a educational, recreational, residential, busi- unable to get the information we need to de- ness, and other purposes requiring the grant lot of challenging work ahead. I know cide who should represent us and take on our of long-term leases’’, approved August 9, country’s challenges. Coloradans agree with me that reform 1955, to provide for Indian tribes to enter could be the single most important Unlike the unlimited amount of campaign into certain leases without prior express ap- spending, the lack of transparency in cam- issue to fix the way our democracy proval from the Secretary of the Interior, paign spending is something we can fix and functions. As I have suggested, and as and for other purposes. fix right now—without opening the door to we know, unfortunately Federal elec- There being no objection, the Senate more scrutiny by the Supreme Court. tions are increasingly about who can proceeded to consider the bill. A bill being debated this week in the Sen- secretly appeal more to wealthy and Mr. REID. Mr. President, I ask unan- ate, called the Disclose Act of 2012, is a well- special interests instead of working to imous consent that the bill be read a researched, well-conceived solution to this improve the lives of average and hard- third time and passed, the motion to insufferable situation. Unfortunately, on working Americans. This sows corrup- Monday, the Senate voted, mostly along reconsider be laid upon the table, with party lines, to block the bill from going for- tion, dysfunction, and a government no intervening action or debate, and ward. But the Disclose Act is not dead. As of that is less responsive to the needs of any statements related to this matter now, it is 9 short of the 60 votes it needs. the people. be printed in the RECORD. The bill was introduced by Senator Shel- Today we have an opportunity to The PRESIDING OFFICER. Without don Whitehouse, Democrat of Rhode Island, start with a sensible requirement that objection, it is so ordered. who deserves tremendous credit for crafting we should all be able to agree on. Dis- The bill (H.R. 205) was ordered to a such comprehensive legislation, listening to closure is nothing to be afraid of. I third reading, was read the third time, his critics and amending his bill to address urge my colleagues to reconsider their and passed. their concerns in a bold display of com- vote and to allow the Senate to at least promise. At its core, Whitehouse’s bill would The PRESIDING OFFICER. The Sen- require any ‘‘covered organization’’ which debate the DISCLOSE Act. We cannot ator from Rhode Island. spends $10,000 or more on a ‘‘campaign-re- afford to let another filibuster stand in f lated disbursement’’ to file a disclosure re- the way of fair and open campaigns. port with the Federal Election Commission Let’s pass the DISCLOSE Act and take DISCLOSE ACT OF 2012—MOTION TO within 24 hours of the expenditure, and to a big step toward turning the power of PROCEED—Continued file a new report for each additional $10,000 our government back over to the Mr. WHITEHOUSE. Mr. President, I or more that is spent. The F.E.C. must post American people. believe Chairman LEAHY will shortly the report on its Web site within 24 hours of I note that the leader of this impor- be joining us to discuss the DISCLOSE receiving it. A ‘‘covered organization’’ includes any cor- tant effort, the DISCLOSE Act, Sen- Act. poration, labor organization, section 501(c) ator WHITEHOUSE of Rhode Island, is on I ask unanimous consent that an op- organization, super PAC or section 527 orga- the floor. I thank the Senator for his ed piece authored by former Senator nization. leadership and his commitment to en- Warren Rudman and former Senator This is a huge improvement over the sta- suring that it is the American people Chuck Hagel—two former Republican tus quo, where super PACS currently have who determine our future, not special Senators who distinguished themselves months to disclose their donors (often with- interests, super PACs, millionaires, bil- in this body and have gotten together holding this information until after an elec- lionaires, and financiers who leave no to write an article about the DIS- tion) and 501(c) organizations have no requirement to disclose their donors at all. track and no trace of where their CLOSE Act—be printed in the RECORD. The report must include the name of the money is going and where it is coming There being no objection, the mate- covered organization, the name of the can- from. rial was ordered to be printed in the didate, the election to which the spending I yield the floor. RECORD, as follows: pertains, the amount of each disbursement of

VerDate Mar 15 2010 01:09 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.012 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5058 CONGRESSIONAL RECORD — SENATE July 17, 2012 more than $1,000, and a certification by the vision every evening and have no way to disclosure of who is making these mas- head of the organization that the disburse- know who is paying for it and what their sive, now secret, contributions to buy ment was not coordinated. The report must agenda might be. In fact, it’s conceivable influence in our elections. First of all, also reveal the identity of all donors who that we have created such a glaring loophole it is not surprising because it is so have given more than $10,000 to the organiza- in our election process that foreign interests darned obvious. It should be obvious to tion. could directly influence the outcome of our We have no doubt that the Disclose Act elections and we might not even know it had any thinking person, as Senators Rud- will be spared any credible constitutional happened until after the election, if at all. man and Hagel said, that when some- challenges if it were to pass the Senate and This is because unions, corporations, body is spending the kind of money the House. In its Citizens United decision, ‘‘super PACs’’ and other organizations are that is being spent—a single donor the Supreme Court, by an 8–1 majority, able to make unlimited independent expendi- making, for instance, a $4 million upheld the provisions of federal law that re- tures on our elections without readily and anonymous contribution—they are not quire outside spending groups to disclose openly disclosing where the money they are doing that out of the goodness of their their expenditures on electioneering commu- spending is coming from. As a result, we are heart. They are not doing that just for nications, including the donors financing unable to get the information we need to de- the sheer fun of it. They are doing that those expenditures. Justice Anthony Ken- cide who should represent us and take on our nedy, writing for the Court, noted that these country’s challenges. because they have a motive. One doesn’t spend $4 million in politics if provisions ‘‘impose no ceiling on campaign- Unlike the unlimited amount of cam- one doesn’t have a motive. If one related activities’’ and ‘‘do not prevent any- paign spending, the lack of trans- one from speaking.’’ thinks otherwise, one really needs to parency in campaign spending is some- We believe that every senator should em- wake up and have a cup of coffee. brace the Disclose Act of 2012. This legisla- thing we can fix and fix right now— If we add to that the insistence on tion treats trade unions and corporations without opening the door to more scru- the funding being secret, there is only equally and gives neither party an advan- tiny by the Supreme Court. one reasonable conclusion that a tage. It is good for Republicans and it is good A bill being debated this week in the thinking person can draw about why for Democrats. Most important, it is good for Senate called the DISCLOSE Act of the American people. somebody who is spending that kind of 2012 is a well-researched, well-con- money with a motive would want their What’s more, every senator considering received solution to this insufferable sit- election faces the possibility of being spending and their identity to be se- blindsided by a well-funded, anonymous cam- uation. Unfortunately, on Monday the cret, and that is because the motive is paign challenging his or her record, integrity Senate voted, mostly along party lines, a crummy motive. It is a lousy motive or both. The act under consideration would to block the bill from going forward. for the American people. If the Amer- prevent this from happening to anyone run- But the DISCLOSE Act is not dead. As ican people were excited about the mo- ning for Congress. of now, it is 9 short of the 60 votes it tive, they wouldn’t want to keep it se- Without the transparency offered by the needs. Disclose Act of 2012, we fear long-term con- cret. It is only because they want to do They then describe the bill and con- bad deeds in the dark. sequences that will hurt our democracy pro- tinue: foundly. We’re already seeing too many of When time permits again, I will go our former colleagues leaving public office We believe that every senator should em- through some of the Republican Sen- because the partisanship has become stifling brace the DISCLOSE Act of 2012. This legis- ators who have spoken out in favor of and toxic. If campaigning for office con- lation treats trade unions and corporations disclosure and transparency in the tinues to be so heavily affected by anony- equally and gives neither party an advan- past. We all know from the debate last tage. It is good for Republicans and it is good mous out-of-district influences running neg- night that the minority leader has— ative advertising, we fear even more incum- for Democrats. Most important, it is good for the American people. and I will yield to the chairman of the bents will decline to run and many of our Judiciary Committee as soon as he is most capable potential leaders will shy away What’s more, every Senator considering re- from elective office. election faces the possibility of being prepared—Senator ALEXANDER has been No thinking person can deny that the cur- blindsided by a well-funded, anonymous cam- on record, as well as Senator CHAM- rent situation is unacceptable and intoler- paign, challenging his or her record, integ- BLISS, Senator SESSIONS, Senator COR- able. We urge all senators to engage in a bi- rity, or both. The act under consideration NYN, Senator MURKOWSKI, Senator COL- would prevent this from happening to any- partisan effort to enact this critically need- LINS, Senator BROWN of Massachusetts, ed legislation. The Disclose Act of 2012 is a one running for Congress. Without the transparency offered by the Senator COBURN, and, of course, most prudent and important first step in restoring prominently and most courageously some sanity to our democratic process. DISCLOSE Act of 2012, we fear long-term consequences that will hurt our democracy over a long period of time and with Mr. WHITEHOUSE. I think what I profoundly. We are already seeing too many great distinction, Senator JOHN would like to do is actually share some of our former colleagues leaving public office MCCAIN. of the thoughts from it. because the partisanship has become stifling So at this moment, I will yield to my Here is what Senator Rudman and and toxic. If campaigning for office con- distinguished chairman and friend, the Senator Hagel, two former Republican tinues to be so heavily affected by anony- chairman of the Judiciary Committee. Senators, say: mous, out-of-district influences running neg- I appreciate him giving his voice to ative advertising, we fear even more incum- Since the beginning of the current election this debate. bents will decline to run and many of our cycle, extremely wealthy individuals, cor- most capable potential leaders will shy away The PRESIDING OFFICER. The Sen- porations and trade unions—all of them de- from elective office. ator from Vermont. termined to influence who is in the White No thinking person can deny that the cur- Mr. LEAHY. Mr. President, I appre- House next year—have spent more than $160 rent situation is unacceptable and intoler- ciate what the Senator from Rhode Is- million. able. We urge all senators to engage in a bi- land has done. He has been a champion Excluding party expenditures. That’s an incredible amount of money. partisan effort to enact this critically need- on this not only in the public forum on To put it in perspective, at this point in ed legislation. The DISCLOSE Act of 2012 is this floor of the Senate, but he has 2008, about $36 million had been spent on a prudent and important first step in restor- been a champion in the cloakrooms, in independent expenditures. ing some sanity to our Democratic process. the committee rooms; everywhere we Independent meaning independent of a can- Then the article closes by identifying have been speaking about it, he has didate’s campaign. the authors: Former Senator Warren been most consistent. The people of In all of 2008, in fact, only $156 million was Rudman, Republican of New Hamp- Rhode Island are very fortunate to spent this way. In other words, we’ve already shire, is a chairman of Americans for surpassed 2008, and it’s July. have somebody with such a strong In the near term, there’s nothing we can do Campaign Reform, and former Senator voice. to reverse this dramatic increase in inde- Chuck Hagel, Republican of Nebraska, For the last two and a half years, the pendent expenditures. introduced disclosure legislation in American people have seen the dev- These two distinguished former Re- 2001. astating effects of the Citizens United publican Senators wrote: While we await my colleagues who decision. That decision by five Su- are scheduled to come to the floor, let Yet what really alarms us about this situa- preme Court Justices overturned a cen- tion is that we can’t find out who was behind me add that it is not unique or unusual tury of laws—a century of laws that these blatant attempts to control the out- that Senators Rudman and Hagel, have been supported by Republicans come of our elections. We are inundated with former Republican Senators, should be and Democrats alike—designed to pro- extraordinarily negative advertising on tele- supportive of the DISCLOSE Act and of tect our elections from corporate

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.014 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5059 spending. And what these five men did express any view they want, but you they should. That is why we have de- is they unleashed a massive flood of know who is expressing it. You know bates. That is why we have candidate corporate money into our elections. whether it is John Jones or Mary forums. But it all becomes irrelevant if Now, many of us in the Congress and Smith. You know if it is the head of a you have a huge megaphone, paid for around the country were worried at the local company or somebody speaking by anonymous donors, anonymous cor- time of the Citizens United decision for a workers union. You know who is porations. that it turned on its head the idea of speaking, and you know that you have When I cosponsored the first DIS- government of, by, and for the people. just as much right and ability to an- CLOSE Act after the Supreme Court’s We worried that the decision created swer as they did in speaking. Now we decision in 2010, I hoped Republicans new rights for Wall Street at the ex- are saying: No, no; unless you are a would join with Democrats to mitigate pense of people on Main Street. We wealthy corporation willing to hide the impact of the Citizens United deci- worried that powerful corporate mega- who is speaking, you are not going to sion. From the depths of the Watergate phones could drown out the voices and be heard. scandal forward, until only recently, interests of individual Americans. I The Supreme Court decisions not the principle of disclosure was a bipar- wish I didn’t have to say this, but two only go against longstanding laws and tisan value. A clear-cut reform such as and a half years later, it is clear these legal precedence but also common the DISCLOSE Act would have easily worries were supremely valid, and the sense. Contrary to at least what one drawn bipartisan support in those days damage is devastatingly real. candidate has said, corporations are after Watergate. I hoped that Senate Since the Citizens United decision not people. Corporations are not the Republicans, like my friend from Ari- struck down longstanding prohibitions same as individual Americans. Cor- zona, Senator JOHN MCCAIN, who once on corporations from direct spending in porations do not have the same rights, championed the bipartisan McCain- political campaigns, hundreds of mil- the same morals, or the same interests. Feingold campaign finance law, which lions of dollars from undisclosed and Corporations cannot vote in our de- I supported, would join with us to help unaccountable sources have flooded the mocracy. We could elect General Eisen- ensure that corporations could not airwaves with a barrage of negative ad- hower as President, but General Elec- abuse their newfound constitutional vertisements. Nobody who has watched tric and General Motors cannot serve rights. Regrettably, every single Re- our elections or even tried to watch as the President. But if you go to the publican joined to successfully fili- television since the Citizens United de- logic of these Supreme Court decisions, buster the DISCLOSE Act in 2010, and cision can deny the enormous impact it virtually says: Let’s elect General despite a majority in the House and a that decision has had on our political Electric or General Motors as Presi- majority in the Senate and the Amer- process. Everywhere I go in Vermont, dent. The fact is, these are artificial ican people voting and being in favor of people say: Who is behind these ads? legal constructs meant to facilitate passing this disclosure law, it fell one Many of them find them offensive in business. The Founders understood vote short from breaking a Republican Vermont. this. The Founders knew we were not filibuster in the Senate—one vote, but They say: Who is behind these ads? going to allow corporations either to not a single Republican would stand I say: I don’t know. vote or to take over our electoral proc- and help us restore some of the core They say: Well, you are a U.S. Sen- ess. Vermonters and Americans across disclosure aspects of McCain-Feingold. ator. What do you mean you don’t this great country have long under- Senate Republicans are continuing know? stood this. Apparently five members of their filibuster of this commonsense I say: Because the Supreme Court has the Supreme Court did not understand legislation. By filibustering it, they allowed people to hide who is paying this. deny the American people an open, for them, even though they are doing it Like most Vermonters, Republicans public, and meaningful debate on the to advance their economic interests, and Democrats alike, I strongly believe importance of transparency and ac- often to the exclusion of everybody something must be done to address the countability in our elections. Last else’s; even though they are wanting to divisive and corrosive decision of the night they again filibustered this bill give themselves an advantage that all Supreme Court in Citizens United. even though a majority in this Senate the rest of the people won’t have. That decision was wrong, the damage voted in favor of it. In fact, they re- Nobody who has strained to hear the must be repaired, and the harmful fused to even proceed to debate on the voices of the voters lost among the ways it is skewing the democratic bill in the Senate. flood of noise from super PACs can process must be fixed. That is why I Despite the clear impact of waves of deny that by extending first amend- held the first congressional hearing on unaccountable corporate campaign ment rights in the political process to that terrible decision in the weeks spending that has led Senator MCCAIN corporations, the Supreme Court put at after it was issued. That is why we to now concede that super PACs are risk the rights of individual Americans have scheduled a hearing next week in ‘‘disgraceful,’’ a minority in the Sen- to speak to each other and, crucially, the Senate Judiciary Committee’s con- ate, consisting exclusively of Repub- to be heard. Yet, just last month, with- stitution subcommittee, led by the dis- licans, continue to prevent passage of out a hearing—without even allowing tinguished Senator from Illinois, Mr. this important law. Why are they Americans’ voices to be heard—the DURBIN, to look at proposals for con- against this bill? Why, when so many same five Justices who in Citizens stitutional amendments to address Senators of both parties used to cham- United ran roughshod over long- Citizens United. pion disclosure laws and Senators of standing precedent to strike down key But today, without waiting the years both parties used to support knowing provisions of our bipartisan campaign and years and years that a constitu- who is paying for campaign ads, do finance laws doubled down on Citizens tional amendment might take, the they continue to prevent us from hav- United when they summarily struck Senate can take action. By passing the ing a debate? Why, when the Supreme down a 100-year-old Montana State law DISCLOSE Act, we can restore trans- Court made clear even in the Citizens barring corporate contributions to po- parency and accountability to cam- United decision that disclosure laws litical campaigns—a State law that paign finance laws by ensuring that all are constitutional, does the Senate Re- had been enacted by the people of Mon- Americans know who is paying for publican leadership insist on stalling tana because they had seen the perva- campaign ads. It is a crucial step to- the reform? sive and sometimes evil effects of these ward restoring the ability of What happened to those Americans corporate contributions. In doing so, Vermonters and all American voters to who said that our elections should be they broke down the last public safe- be able to speak, be heard and to hear open? What happened to those Ameri- guards preventing corporate mega- competing voices, and not be drowned cans who said we ought to know who is phones from drowning out the voices of out by powerful corporate interests. involved in these elections? There hard-working Americans. For any of us who are in an election, should be only one thing secret in our There is no doubt about it. In our we expect our opponent to be able to elections: your secret vote, your right State of Vermont, we have a town speak out, and the public expects it. to vote in secret—one person, one vote. meeting day. People come in. They can They want to hear from both of us. And But nothing should say that there

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.016 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5060 CONGRESSIONAL RECORD — SENATE July 17, 2012 should be a powerful, hidden, secret voter purges and voter ID laws that MANCHIN of West Virginia be recog- hand overwhelming the voters of Amer- serve as modern-day poll taxes, the nized now for up to 5 minutes; that ica in telling them how they should comparison some have made between Senator MCCAIN, if he is on the floor, vote. our effort to bring sunlight and those be recognized at the conclusion of Sen- We know disclosure laws can work evil days is as shameful as it is wrong. ator MANCHIN’s 5-minute period; and if because they do work for individual When the race is on for secret money Senator MCCAIN is not present on the Americans donating directly to polit- and election campaigns are won or lost floor, that I be recognized in his stead. ical campaigns. Mr. President, when by who can collect the largest amount The PRESIDING OFFICER (Mr. you or I give money directly to a polit- of secret donations, it puts at risk gov- LEAHY). Without objection, it is so or- ical candidate, our donation is not hid- ernment of, by, and for the people. dered. den. It is publicly disclosed. And that Now, our ballots should be secret but The Senator from West Virginia. candidate—people can look at who has not massive corporate campaign con- Mr. MANCHIN. Mr. President, I rise supported him or her, and that goes tributions. today to address the disturbing role into their thoughts as to whether they I can tell you what I am fighting for. that money is playing in our politics, will vote for them. Yet those who op- While too many Vermonters and other especially when it comes to anonymous pose the DISCLOSE Act are standing Americans are still looking for work, groups with deep pockets that are try- up for special rights for corporations we need to continue looking for ways ing to tear people down. There is no and wealthy donors—rights, Mr. Presi- to spur job growth and economic in- question this is a corrosive situation dent, you and I do not have. vestment in this country. We have to and it is hurting our democracy. We have seen since Citizens United continue our efforts to increase jobs, When you have unaccountable out- that the line the Supreme Court imag- reduce unemployment, and support side groups with virtually unlimited ined existed between individual cam- hard-working American families strug- pockets, more and more lawmakers— paigns and the super PACs is an all but gling to keep food on the table and a all of us included—have to spend more meaningless one, as super PACs have roof over their heads. We have to pro- time dialing for dollars that takes us poured more and more money into in- tect Americans’ access to clean air and away from legislating. That is simply fluencing election campaigns. In re- clean water. We have to fight for their backwards, sir. Elected officials should ality, super PACs have simply become economic security by protecting Social be working on fixing our problems, not a way to funnel secret, massive, non- Security, Medicare, and Medicaid. We having to worry every minute of every disclosed donations to political cam- need to work together to move forward day about raising money so you can be paigns. The Citizens United decision with reasonable policies to bolster eco- protective or fend off people who are has allowed corporations and large do- nomic growth and development and by attacking you. And the effects are very nors to evade the disclosure laws that ending the Bush tax cuts for the clear: This Congress has stalled when it apply to you and me by giving money wealthiest Americans—the tax cuts we comes to tackling our biggest problems to groups that then fund super PACs, cannot afford that contributed to the as a nation, but we are raising more as a way of laundering the money and financial crisis facing us today. money in politics than ever before. keeping secret the real funders of these That is what I am fighting for and I Those priorities in my State of West campaign ads. will keep on fighting for those things. Virginia are totally out of order, and If the average Vermonter wants to What are the secret sources of funding we need to do something to change the contribute to my campaign or my op- for the super PACs fighting for? What system. I am not alone with this con- ponent’s campaign, that is going to be do they expect to gain from hundreds cern. In private, I have talked to my public. People are going to know, and of millions in campaign ads? And why fellow Senators on both sides, Demo- they will make their decisions. Part of are they hiding? crats and Republicans, who basically their decision will be based on who sup- Vermont is a small State. It would say they are spending more time rais- ports us. But when you have a secret— not take more than a tiny fraction of ing money for reelection and that con- a secret—wealthy entity supporting the corporate money flooding the air- stant fundraising events interfere with you, nobody knows who it is. And none waves in other States to outspend all the everyday business of governing this of these entities use their real names. of our local candidates combined. I great Nation in the time they are They are always for good government, know that the people of Vermont, like spending to do that. for clean air, for motherhood and apple all Americans, take seriously their I try to spend time in my great State pie, for the sun rising in the east and civic duty to choose wisely on election of West Virginia every weekend. I can setting in the west. There is no reason day. That is why more than 60 Vermont tell you the people of West Virginia are those funding these super PACs should towns passed resolutions on Town also deeply troubled by the increasing not be bound by the same disclosure Meeting Day calling for action to ad- role money is playing in our politics. rules for giving directly to campaigns. dress Citizens United. Like all Ever since the Supreme Court decision Public disclosure of donations to can- Vermonters, I cherish the voters’ role on the Citizens United campaign fi- didates has never chilled campaign in the democratic process and am a nance case, we have seen outside funding, and it has never prevented staunch believer in the first amend- groups unleash an unprecedented flood millions of Americans from partici- ment. The rights of Vermonters and all of money to sway elections, and we pating openly. I follow a rule of releas- Americans to speak to each other and have seen it time and again in West ing every single donor to my campaign, to be heard should not be undercut by Virginia over the past several years. and I think we had one for 85 cents corporate spending. I was deeply troubled by some statis- once that got disclosed. I hope that Republicans who have tics about how few Americans are in- We have seen some on the other side seen the impact of waves of unaccount- volved in financing elections. This is of this debate disgracefully compare able corporate campaign spending re- cited by Professor Lawrence Lessig, a the attempt we are making—to ensure consider their filibuster of a debate on campaign finance expert, in The Atlan- that the same disclosure laws that this important legislation. I hope Re- tic. apply to you and me also apply to cor- publican Senators will let us vote on Let me put this issue in perspective porations—to the shameful effort in the DISCLOSE Act and help us take an for our viewers and my colleagues. The the 1950s and 1960s to keep African important step to ensure the ability of population of this country is approxi- Americans from exercising their right every American to be heard and to be mately 311 million people. We live in to vote. There the chilling effect often able to meaningfully participate in free this great United States of America. A took the form of violence. We all re- and fair elections. tiny number of those Americans—only member the bridge at Selma and the Mr. President, I yield to Senator 806,000 people out of the 311 million— blood that was spilled in the long effort WHITEHOUSE. give more than $200 to a congressional for voting rights that led to the Voting Mr. WHITEHOUSE. Mr. President, I campaign. To break that down even Rights Act. At a time when we are see- thank Chairman LEAHY. further, only 155,000 out of the 311 mil- ing a renewed effort to deny millions of I ask unanimous consent, in terms of lion contribute the maximum amount Americans their right to vote through scheduling floor time, that Senator to any congressional candidate.

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.017 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5061 Then look at the people who partici- I yield the floor. dal, mark my words. The American pate in a number of elections who give The PRESIDING OFFICER. The Sen- people know it and I know it. more than $10,000 in an election cycle— ator from Arizona is recognized. Reform is necessary, but it must be the maximum they can give to a can- Mr. MCCAIN. Mr. President, here we fair and just and this legislation is not. didate and to other candidates—and of are with 41 months of over 8 percent I say that from many years of experi- those people in the United States of unemployment in America, and the na- ence on this issue. America out of the 311 million, only tional defense authorization bill is lan- A recent Wall Street Journal article 31,000 Americans do that. guishing in the shadows while we con- by Tom McGinty and Brody Mullins, Let me break it down to even the tinue to have this debate and, obvi- titled ‘‘Political Spending by Unions super PACs—the money that comes ously, there is no doubt in most peo- Far Exceeds Direct Donations,’’ noted from the super PACs. Just in this Pres- ple’s minds that—with the full knowl- that organized labor spent about four idential election so far, there are only edge of the sponsors of this legislation times as much on politics and lobbying 196 Americans out of 311 million—only that it will not pass—it is obviously for as originally thought—$4.4 billion from 196 people—who have given hundreds of certain political purposes. 2005 to 2011. According to the Wall millions of dollars. They account for 80 I oppose cloture on the motion. My Street Journal’s analysis, unions are percent of the funding so far. That is reasons for opposing this motion are spending far more money on a wider unheard of. simple, even though the subject of range of political activities than what First of all, let me thank Senator campaign finance reform is not. In its is reported to the Federal Election WHITEHOUSE of Rhode Island. He has current form, the DISCLOSE Act is Commission. The report plainly states: been truly a champion of common closer to a clever attempt at political This kind of spending, which is on the rise, sense, bringing this together and bring- gamesmanship than actual reform. has enabled the largest unions to maintain ing all sides together. Some of my By conveniently setting high thresh- and in some cases increase their clout in friends would say spending money to olds for reporting requirements, the Washington and state capitals, even though influence an election is their first DISCLOSE Act forces some entities to unionized workers make up a declining share amendment right of freedom of speech. inform the public about the origins of of the workforce. The result is that labor could be a stronger counterweight than com- To my friends, I understand and re- their financial support, while allowing spect their concerns. But I truly be- monly realized to ‘‘super PACs’’ that today others—most notably those affiliated raise millions from wealthy donors, in many lieve the DISCLOSE Act will not limit with organized labor—to fly below the cases to support Republican candidates and their freedom of speech. Instead, it will Federal Election Commission’s regu- causes. prevent the anonymous political cam- latory radar. The hours spent by union employees work- paigning that is undermining our de- My colleagues are aware that I have ing on political matters were equivalent in mocracy. a long history of fighting for campaign 2010 to a shadow army much larger than The people of West Virginia believe finance reform and to break the influ- President Obama’s current re-election staff, data analyzed by the Journal show. we need openness and transparency to ence of money in American politics. stay informed and keep our democracy Regardless of what the U.S. Supreme The report goes on to note: strong, and the DISCLOSE Act would Court may do or say, I continue to be Another difference is that companies use do that. The people of this country proud of my record because I believe their political money differently than unions have a right to know who is spending do, spending a far larger share of it on lob- the cause to improve our democracy bying, while not undertaking anything large amounts of money to influence and further empower the citizens of our elections. This bill would make the in- equivalent to unions’ drives to persuade country was and continues to be worth members to vote as the leadership dictates. formation available. fighting for. Corporations and their employees also tend I ask unanimous consent for 2 more But let’s be clear. Reforms that we to spread their donations fairly evenly be- minutes. have successfully enacted over the tween the two major parties, unlike unions, The PRESIDING OFFICER (Mr. years have not cured all the public cyn- which overwhelmingly assist Democrats. In TESTER). Without objection, it is so or- icism about the state of politics in our 2008, Democrats received 55 percent of the $2 dered. country. No legislative measure or Su- billion contributed by corporate PACs and Mr. MANCHIN. In fact, the measure company employees, while labor unions were is quite simple. Anytime an organiza- preme Court decision will completely responsible for $75 million in political donation or individual spends $10,000 or free politics from influence peddling or tions, with 92 percent of it going to Demo- more on a campaign-related expense— the appearance of it. But I do believe crats. that is the issue that is very impor- that fair and just reforms will move The traditional measure of unions’ polit- many Americans, who have grown ical spending—reports filed by the FEC— tant, campaign-related expense—they undercounts the effort unions pour into poli- have to file a disclosure report with the more and more disaffected from the practices and institutions of our de- tics because the FEC reports are mostly Federal Elections Commission within based on donations unions make to indi- 24 hours. Every one of us who runs for mocracy, to begin to get a clearer un- vidual candidates from their PACs, as well as office has to disclose every penny we derstanding of whether their elected spending on campaign advertisements. get. It should be that way. Some representatives value their commit- Unions spend millions of dollars yearly States, such as our sister State of Vir- ment to our Constitution more than paying teams of political hands to contact ginia, already have a transparency and their own incumbency. members, educating them about election For far too long, money and politics issues and trying to make sure they vote for disclosure law, and it has not stifled union-endorsed candidates. free speech there, nor does this provi- have been deeply intertwined. Anyone who has ever run for a Federal office Such activities are central to unions’ polit- sion affect organizations’ regular oper- ical power: The proportion of members who ations. The disclosure is only required will assure us of the fact that can- vote as the leadership prefers has ranged when organizations and individuals didates come to Washington not seek- from 68 percent to 74 percent over the past spend money on campaigns or try to ing wisdom or ideas but because they decades at AFL–CIO-affiliated unions, ac- influence elections. need help raising money. The same cording to statistics from the labor federa- Instead, this bill makes sure every candidates will most likely tell us they tion. person and organization plays fairly are asked one question when they an- Additionally, a February 22, 2012, and by the same rules. Whether those nounce they are going to seek office. Washington Post article, titled ‘‘Union organizations or individuals are in the Unfortunately, it is not how they feel Spending for Obama, Democrats Could middle, the left, the right, forward, about taxes or what is their opinion of Top $400 million in 2012 Election.’’ backward or upside down, they have to the role of government. No, the ques- AFSCME reportedly expects to spend play by the same rules. tion they are asked is: How are you $100 million ‘‘on political action, in- In fact, I truly believe this provision going to raise the money? Couple that cluding television advertising, phone will take an important step forward to sad reality with the dawn of the super banks and member canvassing, while increase transparency and account- PAC spending from corporate treas- the SEIU plans to spend at least $85 ability. That seems only right and fair uries and record spending by big labor million in 2012. to me. I am proud to cast my vote in and one can easily see a major scandal With that analysis, combined with favor of the DISCLOSE Act. is not far off, and there will be a scan- the $1.1 billion the unions reported to

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.019 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5062 CONGRESSIONAL RECORD — SENATE July 17, 2012 the FEC from 2005 to 2011, and the addi- trast between union and corporate Mr. President, I yield the floor. tional $3.3 billion unions reported to structures, this would allow unions to The PRESIDING OFFICER. The Sen- the Labor Department over the same fall beneath the bill’s threshold limits. ator from Rhode Island. period on political activity, the need For local union chapters, this anonym- Mr. WHITEHOUSE. Mr. President, for equal treatment of political advo- ity is probably pretty important be- before I yield the floor to Senator cacy under the law becomes readily ap- cause, among other effects, it prevents SANDERS, I wanted to take 1 minute parent. I repeat, the need for equal union chapter members from learning and thank Senator MCCAIN for his treatment of political advocacy under how much of their dues payments are many years of principled advocacy in the law becomes readily apparent. being used on political activities. this area. People have written entire Given the strength and political mus- While the exemptions outlined in the books about the work he has done. I cle behind all these figures, it is easy DISCLOSE Act may be facially applied think it was Elizabeth Drew who wrote to understand why disclosure may to business organizations and associa- one of the best books about the cour- sound nice, but unless the treatment is tions, it is apparent to me the unions’ age Senator MCCAIN has shown over completely fair, taking into account unique pyramid-style, ground-up, the years. So I come to this debate the diverse nature and purpose of dif- money-funneling structure would allow with enormous respect for him. ferent types of organizations, disclo- unions to not be treated equally by the I will say the bill is not bipartisan, sure requirements will likely be used DISCLOSE Act. Unlike unions, most but that is not for lack of trying. We to give one side a political advantage organizations do not have thousands of have reached out over and over again. over another. That is just one of the local affiliates where they can pull up In the face of an absolute stonewall on flaws of the bill before us today. to $50,000 in ‘‘affiliate transfers.’’ this subject, we have changed the bill The DISCLOSE Act would have little I have been involved in the issue of ourselves in order to accommodate impact on unions because of the con- campaign finance reform for most of concerns. The stand-by-your-ad provi- venient thresholds for reporting. But it my career. I am proud of my record. I sion was criticized by the Republican would have a huge effect on associa- am supportive of measures which call witness in the Rules Committee, so we tions and other advocacy groups. From for full and complete disclosure of all removed it. The National Rifle Asso- my own experience, I can state without spending in Federal campaigns. I re- ciation was livid about the $600 thresh- question that real reform—and, in par- affirmed this commitment by submit- old because it would require them to ticular, campaign finance reform—will ting an amicus brief to the U.S. Su- disclose their members, so we raised it never be attained without equal treat- preme Court regarding campaign fi- to $10,000. Over and over, where there ment of both sides. A half dose of cam- nance reform along with the author of have been substantive objections to the paign finance reform will be quickly— the DISCLOSE Act. This bill falls bill, we have met them. and rightly—labeled as political favor- short. The American people see it for At this point, not one Republican— itism and will undermine future oppor- what it is: Political opportunism at its for all of our contacts across the tunities for true progress. Further- best, political demagoguery at its aisle—has expressed anyplace in this more, these sorts of games and meas- worst. bill where an amendment could be ures will only make the American peo- My former colleague from Wisconsin, made. We have never been given any ple more cynical and have less faith in Senator Feingold, and I set out to language, we have never been shown what we do. eliminate the corrupting influence of the area that, in theory, is better for The authors of this bill insist it is soft money and to reform how our cam- the unions. It is, as Senator MCCAIN fair and not designed to benefit one paigns are paid for. We vowed to be himself admitted, facially applied to party over the other. Sadly, the stated truly bipartisan and to do nothing corporations and unions and other or- intent doesn’t comport with the facts. which would give one party a political ganizations alike. The DISCLOSE Act is written to bur- advantage over the other. The fact is I would refer back to the op-ed in to- den labor unions significantly less than this gives one party an advantage over day’s New York Times by Republican the other groups. In the United States, the other. former Senators Rudman and Hagel there are roughly 14 million to 16 mil- I say with great respect to the Sen- agreeing this is, in fact, a fair bill. It is lion union members, each of whom is ator from Rhode Island, the way I balanced among all parties, and all required to pay dues to its local union began campaign finance reform is I Senators should support it. chapter. Historically, these local union found a person on the other side of the With that, I yield the floor to my col- chapters send a portion of their reve- aisle who was willing to work with me, league, Senator SANDERS, with appre- nues up to their affiliated larger and we worked together on campaign ciation for allowing me that moment of ‘‘international’’ labor unions. And finance reform. The Senator from his time. while each union member’s dues may Rhode Island and the sponsors of this The PRESIDING OFFICER. The Sen- be modest, the amounts that ulti- bill have no one on this side of the ator from Vermont. mately flow up to the central political aisle. By not having anyone on this Mr. SANDERS. Mr. President, I arms are vast. The DISCLOSE Act pro- side of the aisle, the Senator from thank Senator WHITEHOUSE, Senator tects this flow of money in two distinct Rhode Island has now embarked on a SCHUMER, and all those who have been ways: No. 1, organizations that engage partisan enterprise. working so hard on this enormously in political conduct are only required I suggest strongly to the sponsors of important issue which has everything to disclose payments to it that exceed the bill—if they are serious about cam- to do with whether our country re- $10,000 in a 2-year election cycle, mean- paign finance reform and about curing mains the kind of democracy most of ing the local union chapter will not be the evils going on now—they approach us want it to be. required to disclose the payments of in- Members on this side of the aisle and I come to the Senate floor today to dividual union members to the union make sure our concerns about the role express my profound disgust with the even if those funds will be used for po- of labor unions in this financing of po- current state of our campaign finance litical purposes. litical campaigns are addressed as well. system and to call for my fellow Sen- What is the final difference between It is too bad—it is too bad—that ators, as a short-term effort, to pass one $10,000 check and 1,000 $10 checks? Members on that side of the aisle are the DISCLOSE Act. Passing the DIS- Other than the impact on trees, very now orchestrating a vote which is CLOSE Act would be an important step little. So why should one be free from strictly partisan in nature when they forward, but clearly we have much having to disclose its origin? know full well the only way true cam- more to do on this issue. No. 2, the bill exempts from the dis- paign finance reform will ever be en- Long term, of course, we need a con- closure requirements transfers from af- acted by the Congress is in a bipartisan stitutional amendment to overturn filiates that do not exceed $50,000 for a fashion. This is a partisan bill, and I this disastrous Supreme Court deci- 2-year election cycle. As a result, am disappointed we are wasting the sion—the Citizens United 5-to-4 deci- unions would not have to disclose the time of the Senate on a bill—and on a sion of 2 years ago. Long term, in my transfers made to it by many of its cause that is of utmost importance, in view, we also need to move this coun- smaller local chapters. Given the con- my view—in a partisan fashion. try toward public funding of elections

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.020 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5063 so that once and for all big money will It is great that I own a coal company. than is currently the case, the political not dominate our political process. It is great that I own gambling casinos. process as well. That is what these Long term, there is no question in But, gee, I could have even more fun by campaign contributions of hundreds of my mind that Citizens United will go owning the United States Government. millions of dollars are about. down in history as one of the worst de- So we have entities out there who are When I think back on the history of cisions ever rendered by a U.S. Su- worth some $50 billion—and the Koch this country and the enormous sac- preme Court. Five members of the brothers come to mind. If you are rifices men and women made defending Court came to the bizarre conclusion worth $50 billion and you have all the American ideal—the ideal that was that corporations should be treated as kinds of interactions with the Federal the vision to the entire world. The en- if they were people; that they have a Government and you have strong polit- tire world looked to the United States first amendment right to spend as ical views, why wouldn’t you spend $400 for what a strong democracy was much money as they want to buy can- million—which is what the media says about—one person, one vote. In my didates, to buy elections. Somehow, in that family is going to spend, and State of Vermont, we have meetings the midst of all of this unbelievable maybe even more—if you can purchase and people come out—one person, one amount of spending millions and mil- the United States Government. That is vote—to discuss the municipal town lions of dollars, the Supreme Court not a bad investment. budget, to discuss the school budget. came to the conclusion this would not That is what Citizens United is And now we have evolved to a situation even give the appearance of corruption. about. It is billionaires spending huge where one family can spend $400 mil- I think that is, frankly, an absurd con- amounts of money without disclosure— lion buying politicians, buying elec- clusion. without disclosure. tions. That is a long way away from Mr. President, let me tell you—and I would have gone further than this what democracy is supposed to mean in my take on this may be a little dif- bill, but this bill is certainly an impor- this country. The DISCLOSE Act is a ferent than some of my colleagues— tant step forward. What does it re- very important first step forward, and what concerns me most about the Citi- quire? It says if someone is going to I hope we can get strong support for zens United decision. If we look at Citi- spend more than $10,000 in a campaign that important piece of legislation. zens United in tandem with other they have to make public who they are. Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- trends in our economy today, what we I don’t think that is a terribly onerous ator from Rhode Island. provision. The American people are not see is this Nation is rapidly moving Mr. WHITEHOUSE. Mr. President, I stupid. They understand if somebody is from an economic and political society want to follow up a bit on what I said to an oligarchic form of society. going to spend hundreds of millions of I would do earlier, because this has Economically, what we see are fewer dollars on political activities they been in some respects half a debate. and fewer people who control our econ- want something. That is what it is Other than my friend Senator MCCAIN omy. We see a nation which has the about. who has courageously fought on this Why do people make campaign con- most unequal distribution of wealth issue for some years, we have not heard tributions? Many of us get a whole lot and income of any major country on much from the other side of the aisle Earth, in which the top 1 percent of our of campaign contributions from folks here, so in some respects it is only half Nation owns 40 percent of the wealth who give us $25, $30, $40. Most of my of a debate. In another respect, of and the bottom 60 percent owns 2 per- campaign contributions come from course, it is no debate at all, because cent of the wealth. That gap between people who give us less than $200. But if we are in a filibuster situation with the the very wealthy and everybody else is somebody is going to spend hundreds of Republicans blocking us actually going growing wider and wider. That is millions of dollars on a campaign, I to the Senate debate on this bill. So wealth in terms of income distribution. think the American people have a right while it is debate in the lay sense of The situation is even worse. The last to know who that is and what they the word—it is a discussion—it is not study we have seen suggests that 93 want; who is taking that money and Senate debate on the floor, because we percent of all new income between 2009 what those contributors are going to stand here being filibustered with a and 2010 went to the top 1 percent. So, get in return. majority of Senators who demon- economically, we are moving toward a If you are a billionaire and you want strably support going to this bill. nation in which a few people have a lower taxes, have the courage to say: I said I would describe some of the significant amount of the wealth of Hey, I am a billionaire. I am putting things my Republican colleagues have America—significant amount of the in- money into a party, and what I am said in the past about disclosure, so let come of America in terms of con- going to get out of it is lower taxes for me begin doing that. centration of ownership. We see a situ- the rich. If I am somebody in a cor- Senator MCCONNELL, of course, has ation in which six financial institu- poration that is polluting the air and very publicly been in favor of it. That tions on Wall Street have assets equiv- the land and the water, and I want to may relate to the fact that a report by alent to two-thirds of the GDP of the get rid of those regulations, have the the Corporate Reform Coalition went United States of America—over $9 tril- guts to come forward and say: Yeah, State by State, and the Republican lion controlled by six financial institu- that is what I want. I want to evis- leader’s home State of Kentucky has a tions. And the recklessness, greed, and cerate the EPA. I don’t care that chil- ban on independent expenditures by illegal behavior of those financial in- dren in Vermont or Rhode Island get corporations in its State constitution. stitutions are what drove us into the sick, that is what I want. Its State constitution bans the conduct recession we are struggling with right So what this is about is fairly ele- that is at issue here. Kentucky has dis- now. mentary. What this is about is simply closure provisions that require disclo- So now, as a nation, the trends are having those people, those institutions, sure when independent expenditures of that fewer and fewer people own the those corporations and unions that are over $500 are made in any one election. wealth of America and fewer and fewer putting more than $10,000 into the po- He is here objecting to a $10,000 limit, large corporations control the economy litical process reveal who they are. and Kentucky disclosure provisions of America. But, apparently, that is What concerns me very much about ‘‘require disclosure when independent not good enough for the 1 percent, for this whole process—and I think con- expenditures of over $500 are made in our millionaire and billionaire friends, cerns the American people—is while any one election.’’ It further requires because now they want to take that our middle class disappears and pov- under Kentucky statute 121.190, sub- wealth and exercise it even more than erty increases, while the gap between part 1, that the name of the advertising has been the case in the past in the po- the very wealthy and everybody is sponsor must be put on any commu- litical realm. That takes us now to growing wider, it appears very clear nication. So consistent with the laws Citizens United. right now these folks are not content, of his home State, our Republican lead- In the real world, we all know what is the top 1 percent is not content with er has for many years stood out in going on with Citizens United. We simply owning the economy, with con- favor of disclosure. Around 2000 he said, know billionaires are saying: Look, trolling the economy. They now want ‘‘Republicans are in favor of disclo- yeah, it is great I own an oil company. to control, to an even greater degree sure.’’ And he said:

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Agents in the field me that means individual contributions, free Counsel or anyone else within his ad- are confused as to how to do their jobs speech and full disclosure. In other words, ministration. To date, we have not re- and fear retaliation if they don’t do the any individual can give whatever they want ceived any documentation that dis- right thing. So in essence, this White as long as it is disclosed every day on the cusses any authority whatsoever that Internet. House is telling agents in the field to he has to undertake this massive immi- begin a practice called catch and re- That is exactly what this bill does, gration directive. lease. but only for donations $10,000 and I know the Secretary of Homeland Last Friday, Homeland Security offi- more. I don’t believe there was a floor Security has discretion to determine cials briefed the Judiciary Committee in Senator ALEXANDER’s remarks. who is put in removal proceedings. on the directive. Staff of the Judiciary I see the distinguished Senator from Prosecutorial discretion has been Committee were told that agents of the Iowa has arrived. In the spirit of going around for a long time, but it hasn’t agency would be required to release back and forth, I yield the floor. been abused to this extent. The Presi- immigrants who come here illegally if The PRESIDING OFFICER. The Sen- dent is claiming the Secretary will im- they fell into the criteria laid out. But ator from Iowa. plement this directive using prosecu- what are the ramifications if an agent THE DREAM ACT torial discretion. However, millions of does not release them but instead uses Mr. GRASSLEY. Mr. President, last immigrants coming here illegally will his discretion to say the person was not September, President Obama responded be instructed to report to the U.S. Citi- eligible and puts them in removal pro- to amnesty proponents, denying that zenship and Immigration Service and ceedings? he had authority to unilaterally grant proactively apply. This is not being You will be astounded by the answer special status to individuals who may done on a case-by-case basis as they we got, because the Department of be eligible under the DREAM Act. want to make it appear. Homeland Security explained that such The DREAM Act has been around the The President’s directive is an af- an agent would be subject to discipli- Senate for discussion for about a dec- front to our system of representative nary action—disciplinary action if you ade, and in different forms. It has been government and the legislative proc- are doing what your job is required to voted down several times by this ess, and it is an inappropriate use of do. The agent’s actions would be con- body—mostly because the leader won’t executive power based upon what he sidered during their annual personnel allow for an amendment process to im- said last September, that he didn’t review. prove the bill; otherwise, it probably have the authority to do this. The So there will be no discretion for could have been worked upon. President bypassed Congress because agents, and they will be forced to give A few months ago when asked by am- he couldn’t lead on immigration re- deferred action to anyone who comes nesty advocates to push the bill form, and he couldn’t work in a bipar- close to the criteria laid out, even de- through Executive order, President tisan manner on an issue that involves spite their hesitation to do so, or face Obama said this: undocumented young people. retaliation from bureaucratic higher- This notion that somehow I can just The President’s directive runs con- ups. change the laws unilaterally is just not true. trary to the principle that American It is as though Homeland Security The fact of the matter is there are laws on workers must come before foreign na- forgot their mission which is: the books that I have to enforce. And I think tionals. His policies only increase com- To ensure a homeland that is safe, secure, there’s been a great disservice done to the petition for American students and and resilient against terrorism and other cause of getting the DREAM Act passed and workers who struggle to find employ- hazards where American interests, aspira- getting comprehensive immigration passed ment in today’s economy. And that un- tions, and way of life can thrive. by perpetrating the notion that somehow, by employment is 8.2 percent official, 11 Once we overcome the question of myself, I can go and do these things. It’s just or 12 percent unofficial. legal authority and the reality that not true. We live in a democracy. You have According to the Bureau of Labor there was little thinking put into this to pass bills through the legislature, and plan before it was announced on June then I can sign it. Statistics, the unemployment rate among the age group 16 to 24 has been 15, we are left to oversee the details of But 1 month ago, President Obama nearly 17 percent for the last year. Ac- the implementation plan. Homeland continued his ‘‘we can’t wait’’ cam- cording to a Gallup poll conducted in Security officials say they will have a paign and circumvented Congress, April of this year, 32 percent of the 18- process laid out by August 15. We have again, to significantly change the law to-29-year-olds in the U.S. workforce, if very little details, but Homeland Secu- all by himself. On June 15, he an- not unemployed, are underemployed. rity officials did give some insight on nounced that the Department of Home- The President’s plan to get people Friday in this briefing to members of land Security would lay out a process back to work is to grant immigrants the Judiciary Committee staff. Here is by which immigrants who have come who come here illegally a work author- what we learned. here illegally could apply for relief and ization. He must be seriously out of We know people under the age of 30, remain in the United States without touch if he doesn’t think there is com- who entered before their 16th birthday, the fear of deportation. So what has petition already for American workers. have been here for at least 5 years, and changed in the last 9 months, when the Now I wish to talk about how poorly are currently in school may qualify for President of the United States said last this directive has been thought out. deferred action. We know there are ca- September that he could not unilater- This is the implementation of a direc- veats to the criteria. Some criminal of- ally grant amnesty? tive the President said he didn’t have fenses will be OK, and young people can Before I dive into the details of how the authority to do in the first place. finish their education after they are poorly planned and implemented the But if you are going to have an illegal granted deferred action. directive of June 15 will be, I have to directive, you ought to at least know it We know individuals with final or- question the legal authority of the will work. It is my understanding the ders of removal will be eligible for de- President to institute a plan of this White House informed Homeland Secu- ferred action. We know these people magnitude. rity officials of this plan just days be- will not have to appear for an in-person I, along with 19 other Senators, sent fore it was announced on June 15. They interview to benefit from this directive the President a letter and asked if he were unprepared, and have since been of the President of June 15. We know consulted with attorneys prior to the scrambling to figure out how it will be they will be granted this special status June 15 announcement about his legal carried out. for 2 years, and those who are denied authority to grant deferred action and U.S. Citizenship and Immigration will not be put into removal pro- work authorizations to a specific class Service—the agency in charge of all ceedings. We know this is not aimed at

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.023 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5065 helping just youth since the age limit may not be charged for their special upon immigrants bringing new ideas to is 30. So who are we going to help over status. The individual would be this country, making this a very not age 30, because we thought from the charged $380 if they choose to apply for only colorful country but a dynamic President’s announcement, if people a work authorization. They could not society. We ought to leave it that way. are over 30 years of age nobody is going assure us that funding would not be re- But this change to our immigration to benefit. We know people under the directed from other programs to this system for people to come here legally age of 30 are not the only people going initiative. jeopardizes a lot of people who want to to be considered for relief. To reprogram funds within the De- abide by our laws and come here and Secretary Napolitano said so herself. partment, the Secretary must notify make our country even richer. She told CNN’s Wolf Blitzer the fol- and gain consent of the majority and I yield the floor. lowing: minority leaders on the Appropriations The PRESIDING OFFICER. The Sen- We have internally set it up so that the Committee. However, when pressed, ator from Washington. parents are not referred for immigration en- Department officials could not assure Mrs. MURRAY. Mr. President, I come forcement if the young person comes in for us that they would not bypass the long- to the floor today to speak in strong deferred action. standing process and reprogram dollars support of the DISCLOSE Act, which I was not born yesterday. This ad- on their own. The U.S. Citizenship and will help put an end to secretive cam- ministration is not going to give a ben- Immigration Service will be forced to paign spending and close the glaring efit to immigrants here illegally and concentrate on this program, leaving campaign finance loopholes that have then force his or her parents to leave employers, foreign workers, and legal been opened up by the Citizens United the country, which begs the question, immigrants without the service they ruling. I thank the Senator from Rhode What will they do if the young people need to work, visit, or remain in the Island for his tremendous leadership on are eligible and receive deferred action, United States. this critical issue and all his work but the parent is a criminal, a gang If the U.S. Citizenship and Immigra- which has gotten us to this point today member, or a sex offender? tion Service adjudication staff will be on this very important bill. Because this program has not been diverted from their normal duties to This Supreme Court ruling was truly well thought out and because it is handle the millions of potential de- a step backwards for our democracy. It being rushed to benefit people by the ferred action applications, this can overturned decades of campaign fi- end of the year, there is no doubt that only have a devastating impact on nance law and policy, and it allowed fraud will be a problem. How will Fed- other programs within the Depart- corporations and special interest eral officials who process the applica- ment. I fear this plan will bankrupt the groups to spend unlimited amounts of tions ensure that information provided agency that oversees immigration ben- their money influencing our democ- by the individual is accurate? How will efits and affect all legal immigration racy. The Citizens United ruling has they verify that one truly entered the for years to come. given special interest groups a mega- country before the age of 16 or is cur- I fear the President has overstepped phone that they can use to drown out rently under the age of 30? his authority again. The President, the voices of citizens in my home State Homeland Security officials act as time and again, has shown no leader- of Washington and across the country. though they are prepared to handle the ship or refused to work with Congress The DISCLOSE Act would return influx of counterfeit documents that on issues that directly impact the transparency to this process. It would will be presented. The department offi- American people. And when it comes to return accountability to this process. cials are going to rely on their small the immigration issue he promised the It would be a major step to returning fraud detection unit—who already hap- people in the 2008 election, that in his citizens’ voices to the important elec- pen to be very busy working every day first year in office he would have an tion decisions we make in our country. on other types of immigration bene- immigration bill before Congress, he This is a very personal issue for me. fits—to determine if people are truly has not even presented an immigration When I first ran for the Senate back in eligible. What will be the consequences bill yet. He insisted he was coming 1992, I was a long-shot candidate with- for individuals who intentionally de- here to change Washington, but he out a lot of money or wealthy cor- fraud the government? They need a changed it for the worse. He insisted he porate backers. But what I did have fraud and abuse prevention plan. With- was going to make this the most trans- was amazing and passionate volunteers out one they will likely legalize every parent administration ever, but Con- who were at my side. They cared deep- single immigrant who came here ille- gress and the American people are left ly about making sure the voices of gally, who is already on U.S. soil. in the dark. Washington State’s families were rep- The administration will announce No matter where one stands on immi- resented. They made phone calls, they more details about this plan in the gration, we should all be appalled at went door to door with us, they talked next few weeks. I am anxious to see if how this plan has been carried out. to families across our State who want- they plan to only provide deferred ac- Whether it is legal or illegal is one ed more from their government. tion to this population. Department of- thing. But when it is not thoroughly We ended up winning that grassroots ficials refuse to elaborate on whether thought out, how it is going to be im- campaign because the people’s voices some of these individuals will be able plemented, that is not how the chief were heard loudly and clearly. To be to get advanced parole. That is a spe- executive of a major operation such as honest, I don’t think it would have cial status that allows an immigrant the U.S. Government ought to be act- been possible if corporations and spe- coming here illegally to adjust to per- ing. cial interests had been able to drown manent residence and then gain citi- We should all be concerned that our out their voices with this unlimited zenship. This administration wants votes are rendered meaningless as a re- barrage of negative ads against can- people to believe this is not amnesty sult of the assumption of power on didates who did not support their inter- and that these people will not have June 15 that the President said last ests. That is why I support this DIS- lawful status, but I am watching to see September he did not have. Until we CLOSE Act. I want to make sure no if they try to pull the wool over our can end this plan, I encourage my col- force is greater in our elections than eyes and provide a status that allows leagues to watch over its implementa- the power of voters across our cities these people to adjust and remain here tion for the future of our country. The and towns, and no voice is louder than permanently. integrity of our whole immigration citizens who care about making their Finally, a major flaw in the Presi- system is hanging in the balance. State and country a better place to dent’s plan is how this is going to be This immigration system is very im- live. paid for. A massive amnesty program is portant because the United States has The DISCLOSE Act of 2012 should not going to cost a lot of money. So what opened doors for more people than any be contentious. It simply does what a are the taxpayers going to have to other country in the world to come majority of American people view as a cough up out of their hard-earned dol- here legally. About 1 million people no-brainer. It requires outside groups lars to pay for it? Department officials come here legally. So we are a wel- to divulge their campaign-related fund- said on Friday that illegal immigrants coming nation. We are a nation built raising and spending, plain and simple.

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.025 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5066 CONGRESSIONAL RECORD — SENATE July 17, 2012 It does this by shining a very bright p.m. will be equally divided and con- Anything that moves us back towards that spotlight on the entire process and by trolled between the two leaders or notion of transparency and real-time report- strengthening the overall disclosure re- their designees. ing of donations and contributions I think quirements on groups who are attempt- The Senator from Rhode Island. would be a helpful move towards restoring the confidence of voters. ing to sway our elections. Mr. WHITEHOUSE. Mr. President, I Too often corporations and special believe we have a number of speakers Newt Gingrich has called for report- interest groups are able to hide their who are coming over from the caucus ing every single night on the Internet spending behind a mask of front orga- lunch to discuss the upcoming vote on when people make political donations. Mitt Romney has said that it is ‘‘an nizations because they know voters the DISCLOSE Act. I wanted to take enormous, gaping loophole . . . if you would be less likely to believe ads if the time that is available until a form a 527 or 501(c)(4) you don’t have to they knew the motives behind their speaker shows up to continue to report disclose who the donors are.’’ sponsors. For instance, an indication of the previous support for disclosure Well, this is a chance for our col- who is funding many of these shell or- from our colleagues and from other Re- leagues to close that enormous, gaping ganizations can be seen in the delayed publican officeholders and officials. loophole their Presidential nominee disclosures of the so-called super PACs. I think where I left off in my pre- has pointed out. In fact, a Forbes article recently re- vious listing was Senator LISA MUR- ported that 30 billionaires now are One of my favorite comments is by KOWSKI, who wants Citizens United re- Mike Huckabee. Mike Huckabee said: backing Romney’s super PAC. It is un- versed and has said: I wish that every person who gives any known how much these same billion- Super PACs have expanded their role in fi- aires or their corporate interests are money [to fund an ad] that mentions any nancing the 2012 campaigns, in large part due candidate by name would have to put their already providing to other organiza- to the Citizens United decision that allowed name on it and be held responsible and actions with even less scrutiny. unlimited contributions to the political ad- countable for it. And it’s killing any sense of The DISCLOSE Act ends all that. vocacy organizations. civility in politics because of the cheap shots Specifically, the act requires any of She said: that can be made from the trees by snipers these front organizations who spend However, it is only appropriate that Alas- that you never can identify. $10,000 or more on a campaign to file a kans and Americans know where the money The cheap shots that can be made disclosure report with the Federal comes from. from the trees by snipers that you Election Commission within 24 hours My friend Senator JEFF SESSIONS, a never can identify. Let me give an ex- and file a new report for each addi- ranking member on the Judiciary Com- ample of that. tional $10,000 or more that is spent. mittee, at one point said: I am going to read parts of an article This is a major step in pulling back the I don’t like it when a large source of from this morning’s New York Times. curtain on the outlandish and unfair money is out there funding ads and is unac- In early 2010, a new organization called the spending practices that are corrupting countable. . . . To the extent we can, I tend Commission on Hope, Growth and Oppor- our Nation’s political process. It is a to favor disclosure. tunity— major step toward the kind of open and Senator CORNYN said: With a name like that, you know it honest government the American peo- I think the system needs more trans- has to be bad in this environment— ple demand and deserve. parency, so people can more easily reach filed for nonprofit, tax-exempt status, tell- The DISCLOSE Act brings trans- their own conclusions. ing the Internal Revenue Service it was not parency to these shady spending prac- going to spend any money on campaigns. Senator COLLINS has been quoted: tices and makes sure voters have the Weeks later, tax-exempt status in hand as information they need so they know Sen. Collins . . . believes that it is impor- well as a single $4 million donation from an who they can trust. It is a common- tant that any future campaign finance laws anonymous benefactor, the group kicked off include strong transparency provisions so a multimillion-dollar campaign against 11 sense bill. It should not be controver- the American public knows who is contrib- sial, and anyone who thinks voters Democratic candidates, declining to report uting to a candidate’s campaign, as well as any of its political spending to the Federal should have a louder voice than special who is funding communications in support of Election Commission, maintaining to the interest groups should be supporting or in opposition to a political candidate or I.R.S. that it did not do any political spend- our bill. issue. ing at all, and failing to register as a polit- This bill aims to protect the very That is from the Hill. ical committee required to disclose the core of our Federal election process. It Senator SCOTT BROWN has said: names of its donors. Then, faced with multiple election commission and I.R.S. com- protects the process by which our citi- A genuine campaign finance reform effort plaints, the group went out of business. zens fairly assess the people they be- would include increased transparency, ac- lieve will best come here and be their countability and would provide a level play- The editorial continues: voice and represent their communities. ing field to everyone. ‘‘C.H.G.O.’s story is a tutorial on how to It exposes the hidden hand of special Senator TOM COBURN has said: break campaign finance law, impact elections, and disappear—the political equiva- interests, and it creates an open proc- So I would not disagree there ought to be ess for who gets to stand before them lent of a hit and run,’’ Citizens for Responsi- transparency in who contributes to the super bility and Ethics . . . wrote in a new report. as representatives. PACs and it ought to be public knowledge. I am proud to support this bill and . . . We ought to have transparency. . . . If A cheap shot from the trees by a proud of the efforts by Senator WHITE- legislators were required to disclose all con- sniper you can never identify, and to HOUSE and so many others in the Sen- tributions to their campaigns, the public this day no one has ever identified the ate. I urge all our colleagues to vote knowledge would naturally restrain legisla- $4 million donor. for this bill. Let’s move it forward. tors from acting out of the current quid pro I see the Senator from New Jersey. I quo mindset. If you have transparency, you Let’s do what is right for America. am delighted to yield to him so he can will have accountability. make his remarks. f As I reported earlier today, the Re- I yield the floor. RECESS publican Senate support goes to people The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under who have left the Senate as well. I ator from New Jersey. the previous order, the Senate stands would remark again on the extraor- Mr. LAUTENBERG. Mr. President, in recess until 2:15 p.m. dinary editorial written in the New yesterday we witnessed quite a sight. Thereupon, the Senate, at 12:29 p.m., York Times by Senators Hagel and Not a single Republican was willing to recessed until 2:15 p.m. and reassem- Rudman. stand up to oppose secret money and bled when called to order by the Pre- House Speaker Representative BOEH- elections. Today they will have an- siding Officer (Mr. FRANKEN). NER has said: other chance to announce their support f I think what we ought to do is we ought to and tell their constituents whether have full disclosure, full disclosure of all the they would prefer that secret money DISCLOSE ACT OF 2012—MOTION TO money we raised and how it is spent. And I buys the politicians or does it take PROCEED—Continued think sunlight is the best disinfectant. their constituents’ votes to get people The PRESIDING OFFICER. Under Representative ERIC CANTOR, the main place who care about where this the previous order, the time until 3 jority whip, I believe, has said: country is going.

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.026 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5067 Republicans will have a chance to they have even taken their first team and the House has passed a long- show Americans where they stand: breath. term budget plan that will alter the with millions of individual voters or Polluters just ignore the costs to debt course of America and put us on a the few billionaires who seek to drown American families. They think their responsible path—not so in the Senate, out the voices of our citizens by using right to pollute is more important than even though they talked about it in se- secret money. the average person. The children in our cret amongst themselves that they had Yesterday, I came to the floor to country have the right to breathe. It is a plan. Let’s disclose it. Why don’t we present the identities of two of the big- foul play if we have ever seen it. Put have a disclosure of it. gest supporters of secret money in poli- your money up, take fresh air away October 1 is coming up pretty fast, tics, David and Charles Koch. They are from young people, and create prob- particularly since we are going to be in joined by somebody we read about yes- lems that mercury in our environment recess virtually the entire month of terday in the papers and heard on the does. August and it looks like the entire news by the name of Sheldon Adelson, Secret money in politics makes it month of October. By October 1, the whose brain money was earned from possible for polluting companies to Congress has a duty and a responsi- Chinese gamblers in Macau to buy spend millions of dollars influencing bility to pass legislation that funds the American politicians. That is some elections, and the American public is government because the new govern- deal. kept in the dark. So I say to my Re- ment fiscal year begins October 1. Sen- The Koch brothers are putting to- publican colleagues: Let your con- ator REID just announced he is not gether a secret group of wealthy science rule your decision. Let’s tell going to produce a single appropria- friends who will spend $400 million to the truth. tions bill. When I first came here, we manipulate the upcoming election. I wish the vote could say: Yes, I want tried to pass all 13 every year, before This effort is one of the egregious ex- secret money to continue being sent. October 1, when the year starts. We are amples of the flood of big, secret They dare us to use that language. not even going to attempt it. money into our politics, and this unac- Come on. There are good people over I think the American people ought to countable money is spent with a clear there. Let’s shine some light on who is ask: What do you plan to spend your goal of determining our laws and decid- pulling the strings in this country. Is it money on next year? The country is ing our elections and the policies this the people or is it the money that suffering substantially. Why don’t you makes the difference in the way this country will follow in the future. The disclose, Senator REID, what the appro- society functions? Koch brothers are set on picking their priations bills are going to be, how I yield the floor. preferred politicians. Too bad that with Mr. SESSIONS. Mr. President, I much money you are going to spend on a country of over 300 million people would like to be notified when I have each one of the items, and subitems these two fellows want to decide who used 5 minutes. and subitems and subitems, so we can should run this country of ours. The PRESIDING OFFICER. Without examine it, bring it up on the floor, Koch Industries controls oil and objection, it is so ordered. and offer amendments, as the Senate is chemical companies that do business Mr. SESSIONS. Mr. President, I un- supposed to operate. Why don’t you around the globe. So what do the Koch derstand we will have a set vote on the disclose that? Isn’t that important for brothers and their anonymous friends DISCLOSE Act. It got 51 votes pre- America? want from politicians who benefit from viously. We need 60 votes to move for- I have to say, since I have been here, their secret money? They want laws ward to pass this bill. It is not likely to this will be the least performing, most that benefit the companies like the happen. Our Democratic colleagues disappointing year of the Senate in our ones they own even when those laws were down here last night into the mid- history. No budget, no attempt to come at the expense of millions of night hour talking about the DIS- bring up a budget, no appropriations. other Americans. I think the reason is CLOSE Act, which is something that is Those are the bread-and-butter require- clear. They want people in office who political and campaign-related that we ments of any Senator. will put their special interests above have a significant difference of opinion Food stamps, the SNAP program. In the public interest. about, and it is not going to pass. 2000, we were spending about $17 billion These brothers run Koch Industries, I would like to ask my friends and on the food stamp program. Last year, which is a giant international con- colleagues what is it we ought to be we spent $79 billion. It has gone up re- glomerate and one of the largest pri- disclosing? Is it the amount of money peatedly. It is out of control. It needs vately held companies in the world. some individual American made hon- to be managed. It needs to be focusing The Kochs’ secret money organiza- estly and spent or maybe there are more on helping people in need, not tion, Americans for Prosperity, has op- some other issues we ought to disclose. just subsidizing people in need—helping posed EPA’s new mercury pollution I would say this Senate ought to dis- them move forward to independence standards. These historic standards close to the American people what its and responsibility. Why don’t my col- will prevent 130,000 asthma attacks, budget plan is for the future of this leagues disclose a plan for that? Isn’t 4,700 heart attacks, and up to 11,000 country. We haven’t had a budget in 3 that important to America? I think it premature deaths. Americans for Pros- years. Senator REID said it would be is. perity, funded by secret money, op- foolish to bring up a budget—foolish There are a lot of other things that posed the rule that will save these because we don’t have time. We had ought to be on the table. lives. They would rather have the time to spend all night last night de- The PRESIDING OFFICER. The Sen- money. We know what millions of peo- bating this bill—or half the night—and ator’s 5 minutes has expired. ple who live near powerplants want. we are having a second vote on the Mr. SESSIONS. I thank the Chair. They want the plants to clean up their same bill again today. Why don’t we There are a lot of other things on the acts and stop poisoning them and their spend some of that time on something table we need to be dealing with and neighbors. important such as dealing with our $16 talking about and being honest about. The Kochs and industry lobbyists billion debt. Why don’t our Democratic It is time to disclose what our financial argue that these standards just cost leaders disclose to us what their plan is plans for the future are. It is time to too much. What is the value of a life to to deal with this surging debt, a debt disclose what we are going to do about these guys? Let them answer the ques- that is increasing at $1.3 trillion a this debt, what we are going to do tion publicly. Turn in the secret money year. It is unsustainable, as every esti- about wasteful spending. It is not being and let the people across our country mate we have ever been told and every done. It is a disappointing year. decide who they want in the Senate, witness has testified to before the I thank the Chair and yield is floor. the House, and the White House. Budget Committee and other commit- The PRESIDING OFFICER. The Sen- How much poorer is our society when tees—unsustainable. Yet they refuse to ator from Florida. children are born with developmental even lay out a plan for how we are Mr. NELSON of Florida. Mr. Presi- problems? A child born with pollution going to confront that. dent, lest we get totally off track and in their body is set back from day one. The House has. They laid out a his- before the Senator from Alabama That child’s potential is stunted before toric plan. Congressman RYAN and his leaves the Chamber, I wish to thank

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.033 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5068 CONGRESSIONAL RECORD — SENATE July 17, 2012 him and congratulate him. The system ever the brand is. That is the whole behind certain initiatives, certainly works when Democrats and Repub- theory behind this. The undisclosed do- when it comes to the financing of cam- licans come together. The Senator nors giving unlimited sums elect whom paigns. They want to know where and from Alabama and I have worked on they want, and that is going to com- when and how and why and that it is many issues together, including the pletely distort the political system. appropriate. Our State legislature has Nation’s national security. Just re- We start from a basis of old Socratic enacted some campaign finance recently, the Senate showed how it can ideas, going back to Socrates; that in forms that I think have been good. work together on the RESTORE Act in the free marketplace of ideas, the Alaskans have looked very critically at the Gulf of Mexico when we added a crosscurrents of those ideas being dis- the Citizens United decision and its im- provision directing the fine money to cussed, that out of it truth will emerge pact on the campaigns in this country. be imposed by a judge in New Orleans and the best course of action will I have made no secret of the fact that and redirected that fine money to come emerge. It is upon those ideals that I disagree with the holdings of the Citi- back to the people and the environ- this country was founded; this country, zens United decision which makes it ment and the critters of the gulf. That wanting a representative body such as possible for individuals and business passed in this Chamber 76 to 22—a huge this to come forth and freely and open- entities to make contributions in any bipartisan vote. ly discuss the ideas and hammer out amount, at any time to independent ef- I have had the privilege of working policy. Yet what we are seeing is that forts to elect candidates at the Fed- with the Senator from Alabama on in bringing those elected officials here, eral, State, and local levels. many other issues, including the times by electing them by overwhelming ad- I think this decision not only over- the two of us led the Strategic Sub- vertising from unlimited sources, those turned longstanding Federal law, it committee of the Armed Services Com- elected representatives will be be- also, to a certain extent, displaced mittee on some of the Nation’s most holden to those particular sources and State laws, including the laws in my significant things, such as our overall will not have an independence of judg- own State of Alaska which barred cor- strategic umbrella protecting this ment, will not have the Socratic abil- porate participation in State elections. country. There again, it was Demo- ity in the free marketplace of ideas to It gave birth to a new form of political crats and Republicans working to- hammer out the differences of ideas entity. We all know it; we are all talk- gether. and achieve consensus in order to de- ing about it now, particularly with the So to hear a lot of the rhetoric, termine the direction of the country. Presidential election—the super PAC, a someone outside the Senate would So the very underpinnings of the coun- vehicle for large donors. When we are think we are totally in gridlock. That try are at stake. talking about large donors, we are not has not been the case. However, we Why is this being fought—something just talking about donors who can put come to a point of gridlock again be- that ought to be like a motherhood forth thousands of dollars. We are talk- cause of the Senate rules requiring 60 bill. One is for disclosure of those giving about donors who put forth multi- votes to shut off debate so we can go to ing money to influence the political millions of dollars, and it is done to in- this bill called the DISCLOSE Act. system, just like all the Federal can- fluence the American political process What the DISCLOSE Act does is com- didates have to disclose; and, oh, by in secret by contributing to organiza- mon sense. It is common sense to say, the way, are limited in the amounts of tions with very patriotic names, but if someone is going to affect the polit- contributions to each candidate. What they lurk behind post office boxes. ical system by giving money to influ- is such common sense is being thwart- There is an anonymity, there is a cov- ence the votes at the end of the day in ed. If this legislation were to pass and ering that I do not think the American an election year, all the campaign laws they had to disclose who is giving the public expects or respects. I believe strongly—I believe very say they have to disclose that money, money, do we know what: Most of them strongly—that the Citizens United de- and but for a 5-to-4 Supreme Court de- would stop giving it, and they would cision is corrosive to democracy. At a cision—which is contorted at best and have to operate under the normal cam- very minimum the American people de- is way over the edge at the very least— paign finance laws which say to report serve to know who is behind the orga- its ruling says that because of freedom every dime of a contribution and they nizations, who is funding them, and of speech, outside the political system, are limited as to the amount they can what their real agendas are. one can make advertisements, one can give and the candidate is limited as to the amount they can receive. That is I think if we were to ask the average speak freely; in other words, by spend- American out on the street: Do you ing money, buying ads, and one does fair, but it is more than fair. It is absolutely essential to the functioning of think it is reasonable that there be dis- not have to disclose that. Oh, by the the electoral system in order to elect a closure, full disclosure of where the way, that whereas the campaign fi- representative democracy. campaign dollars are coming from, I nance law prohibits in Federal elec- That is what is at stake, and that is think the average American would say: tions corporations from donating, this what we are going to vote on again. Yes. I know the average Alaskan is contorted Supreme Court decision says Unfortunately, we know what the out- saying yes. that can be corporate money and it come of the vote is going to be: 53 in So when they see what this Supreme doesn’t have to be disclosed. favor of disclosing and 47 against, and Court case has allowed—courts have That is what we are seeing in abun- we are not going to know who is giving determined this is constitutional—I do dance in that kind of political speech all this money. not think anybody assumed what it right now in all these attack ads, and I can’t say it any better. It is old would lead to is an ability for an indi- these attack ads are going rapid fire. country boy wisdom that says this vidual to give millions of dollars to in- We look at who it is sponsored by. It is ought to be as easy as night and day, fluence an election, and yet not be sub- not sponsored by the candidate; it is understanding the difference. Yet that ject to a level of disclosure that is fair sponsored by some organization that is what we are facing. and balanced. has a high-sounding name, but we don’t I yield the floor. I came to the floor very late last know where the money is coming from. The PRESIDING OFFICER. The Sen- night after flying in from Alaska. I left This piece of legislation in front of us ator from Alaska. at 7 o’clock in the morning, and my yesterday got 53 votes, and we need 7 Ms. MURKOWSKI. Mr. President, I plane touched down at about 10:15 last more votes to cut off the debate just to have not taken an opportunity to night. As I landed, I saw the lights of go to the bill. This vote is coming at 3 speak to the DISCLOSE Act, which is the Capitol on. I knew somebody was o’clock. We are not going to get it. It currently before us, or the holding of still home. The flag that flies on the is going to be the same result—53 to 47. Citizens United. I haven’t come to the Senate side of the Capitol was still up, Why? Because these outside, unlimited floor to address that, but that does not meaning the Senate was still in ses- sources of funds that are not disclosed mean this has not been a discussion of sion, so I decided to come to the floor are affecting elections and they are great importance in the State of Alas- and see what was going on and to per- achieving the result and we know it. If ka. haps listen to a little bit of the debate. we put enough money into TV adver- Alaskans are a pretty independent I was tired. I was tired from flying. tising, one can sell a box of soap, what- lot. I think they like to know what is But I was truly tired that as a body,

VerDate Mar 15 2010 23:52 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.034 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5069 when we have an issue that is impor- here at 6 o’clock when that vote was ticipating in the electoral process. The tant, is significant—whether it is cam- taken. But that vote was pretty clear. DISCLOSE Act will make many busi- paign finance or the tax issues we face, There is no way we can reconfigure nesses and organizations ‘‘think twice’’ whether it is the sequestration issue things, even with the support of LISA before engaging in political speech, we will shortly be facing—we are once MURKOWSKI, so that we could actually Senator SCHUMER said in 2010. ‘‘The de- again in a position where we are doing get to this bill and start making those terrent effect should not be underesti- nothing but messaging. I am so tired of changes. mated.’’ messaging, and I think the folks whom So we are sitting here at a point In essence, the Democrats have con- we represent are tired of us messaging. where we have precious little time be- cocted a bill that would silence their I want us to have some reforms when fore us before we break for August and critics while letting their special inter- it comes to campaign finance and the then come back. We have the cam- est allies speak. Nearly every major disclosure that the American public paigns. We have a lot on our plate. I provision of the DISCLOSE Act was de- thinks makes sense, where they say: think we recognize that. Saying that, I signed to encourage speech that helps Good. This is not something where you have already said I think this is a criti- the Democratic Party and discourage are hiding behind an organization, cally important issue. But it is an issue speech that hurts it. For example, the whether it is a 501(c)(4) or a 501(c)(3) or we will not resolve today. It is not pos- legislation favors unions over busi- a super PAC, or however we define it. sible to resolve today. So we should ac- nesses, which belies the notion that it We want to know that you are open cept that fact and move forward. We was crafted to prevent conflicts of in- and you are transparent. have a lot to do. terest. I did not stay too late last night to What I intend to do is to continue If the true purpose of this bill were to listen to the debates. But I will tell the work I began months ago with col- promote transparency and minimize you that the comments I heard from leagues on the other side of the aisle to the influence of political money on my colleagues were pretty sound. For work to resolve some of these issues, to government, then unions would face the life of me, I cannot fathom why it work on a bipartisan basis on a bill the same restrictions as businesses. is appropriate that the name, the ad- that I hope we can take up as a body. But the true purpose of the bill is to dress, the occupation of an individual There are Senators who want to work help Democrats win elections, and who makes a contribution of between on this. I have met with them and we unions overwhelmingly support Demo- $200 and $5,000 to LISA MURKOWSKI’s continue to try to figure out that path crats, so they are given preferential committee must be disclosed—that is forward. But that path forward has to treatment. what is required under the law. But be a bipartisan path. It has to be a bi- It is not the government’s job to ap- somehow or other there is a constitu- partisan path. portion first amendment rights among tional right for someone who gives $1 I hope we can put some kind of a ve- Americans. Those rights belong to million, $15 million to an independent hicle to hearings and consider it on the every citizen, period. I reject any fur- effort that either supports or opposes floor with an open amendment process, ther erosion of a constitutional liberty an election can do so in secrecy. They the way we can and should do things that has preserved and strengthened can do so in a way that is not subject around here. That is what I strive to our democracy for 223 years. I oppose the DISCLOSE Act and urge to disclosure. I do not think that do. That is my commitment. I want to my colleagues to oppose this after- makes sense, and I do not think it work with my colleague from Rhode Is- noon’s cloture motion. would make sense to anybody else out land. I want to work with my col- Mrs. BOXER. Mr. President, I rise in there on the street. What is the dif- leagues from Colorado and Oregon and strong support of the DISCLOSE Act. ference? New York and my colleagues on the It is important for Americans to But I would also suggest to you the Republican side of the aisle. I think we know where the money is coming from converse is true as well. I do not be- all recognize this is in the best inter- that supports the political ads appear- lieve the membership lists—whether it ests of not only those of us in the Sen- ing on their television screens during is the Sierra Club or the National Rifle ate but for those we represent—that election season. Association or the NAACP—I do not there is a level of transparency, open- This bill is a much needed response think those lists need to be public be- ness, fairness, and balance when it to the Supreme Court’s decision in cause an organization has made a rel- comes to campaign finance. That is my Citizens United—a decision that is re- atively small donation from its treas- commitment. sulting in corporate money drowning ury funds to independent efforts. Those With that, I know I have probably out the voices of ordinary citizens. who chose to affiliate with broad-based consumed more than my time. But I In Citizens United, the Supreme membership organizations deserve to appreciate the opportunity to work se- Court overruled decades of legal prece- have their privacy interests main- riously and genuinely with my col- dent when it decided that corporations tained. So you have things going on leagues on this issue. cannot be restricted from spending un- both sides here. Mr. CORNYN. Mr. President, today limited amounts in Federal elections. Again, what we should be doing in the Senate will vote on cloture on the The decision was astounding, not just this case is trying to figure out where motion to proceed to S. 3369, the so- because it was a display of judicial ac- there is a balance. Where is that fair- called DISCLOSE Act. Because the bill tivism but also because it defies com- ness? Given that a $2,500 contribution is designed to protect entrenched mon sense for the Supreme Court to to me as a candidate—the maximum Washington special interests from ordi- conclude that corporations or even that can be given to any candidate for nary Americans who want to exercise labor organizations are citizens, as you any election—has to be disclosed, I do their first amendment rights, I will op- or I am, in the eyes of the law. not understand why the bill that is be- pose cloture. As Justice John Paul Stevens wrote fore us, the DISCLOSE Act 3.0, sets the Regulation of speech always raises in his dissent, ‘‘corporations have no bar for disclosure of a contribution to significant constitutional questions. consciences, no beliefs, no feelings, no an independent effort at $10,000. That The first amendment is a cornerstone thoughts, no desires . . . they are not does not make sense to me either. of our democracy, and the DISCLOSE themselves members of ‘We the People’ So I guess where I am at this point in Act would fundamentally remake the by whom and for whom our Constitu- time—recognizing that in a matter of rules governing free speech in Amer- tion was established.’’ minutes we are going to have yet an- ican elections. It is intended not to In the aftermath of the Citizens other vote on DISCLOSE under recon- promote transparent, accountable, and United decision, special interest groups sideration—I do think that all these fair campaigns, but rather to tilt the known as super PACs with innocuous issues need to be addressed in a DIS- playing field in favor of the Demo- names like ‘‘American Crossroads’’ and CLOSE 4.0. Maybe we will move to that cratic Party and its constituencies. ‘‘Restore our Future’’ are primed to in the next iteration, but that is not Indeed, one of the chief sponsors of spend hundreds of millions of dollars in going to be happening here. Yester- this legislation, Senator CHARLES the 2012 election. day’s vote was decisive. As I men- SCHUMER, has admitted that his goal is According to OpenSecrets.org, Super tioned, I was flying all day. I was not to deter certain Americans from par- PACs have raised $246 million in secret

VerDate Mar 15 2010 23:59 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.036 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5070 CONGRESSIONAL RECORD — SENATE July 17, 2012 money so far in the 2012 election Outside spending on our elections has earlier this month the USA Today cycle—and we still have 113 days until gotten out of control in the post-Citi- issued a frightening prediction about the election during which that total zens United world created by the Su- this fall’s election. may double or even triple. preme Court. They write that ‘‘the inevitable re- The New York Times recently re- Sheldon Adelson, a casino magnate, sult is that come November, voters in ported that secret groups have ac- who gave $20 million to a super PAC to many closely contested races will counted for two-thirds of all political prop up the Presidential campaign of make their decisions based on a late advertising spending this year. Newt Gingrich, told Forbes Magazine: flood of ads of dubious credibility paid Unlike funds given directly to can- ‘‘I’m against very wealthy people at- for by people whose names and motives didates and political parties, which get tempting to or influencing elections, are unknown.’’ reported to the Federal Election Com- but as long as it’s doable, I’m going to The American people deserve to have mission and are available for the public do it.’’ a government that is always of the peo- to review, funds given to super PACs A super PAC affiliated with House ple, by the people, and for the people. are secret, leaving voters with no Republican majority leader ERIC CAN- The DISCLOSE Act will help restore knowledge of who is behind attack ads TOR raised $5.3 million in the third the voice of the people. against political candidates. quarter this year. Adelson is respon- I urge my colleagues to support this Right now the rules require that in- sible for providing $5 million of the bill. dividuals who give $200 or more to a total. Mr. AKAKA. Mr. President, I rise candidate must submit detailed infor- The super PAC affiliated with Mitt today to speak in strong support of S. mation about their identity, their ad- Romney, ‘‘Restore our Future,’’ has 3369, the Democracy Is Strengthened dress, and their occupation. But Citi- raised $61 million so far. Most of this by Casting Light On Spending in Elec- zens United says that if you give $2,000, money came from just a handful of in- tions, DISCLOSE, Act. I am proud to $2 million, or $20 million to a super dividuals. join 39 of my colleagues in sponsoring PAC, you don’t have to disclose a During the 2012 Florida GOP Presi- this measure and urge the Senate to thing. dential primary, Romney super PACs act now to pass this transparent, com- Former member of the Federal Elec- ran 12,000 ads in that state alone. monsense piece of legislation. tion Commission Trevor Potter said in- A New York Times analysis of dona- Free, fair, and open elections, as well dividuals ‘‘can still give the maximum tions to Romney super PACs found as an informed electorate, are funda- $2,500 directly to the campaign—and sizeable amounts from companies with mental to ensuring that our govern- then turn around and give $25 million just a post office box as a headquarters, ment reflects the highest principles of to the Super PAC.’’ and no known employees. democracy, which is the foundation of At a minimum, voters in a democ- A USA Today analysis of GOP super this country. racy deserve to know who is financially PACs through February 2012 found that What is at stake today is nothing supporting candidates for public office. $1 out of every $4 donated to these short of our electoral system. We must Editorial boards in California and Super PACs was given by five individ- reinforce the right of Americans to across the country recognize that dis- uals. make fully informed decisions about closure and transparency are essential A US PIRG/Demos study found that the political candidates and parties for the integrity of our democratic sys- 96 percent of super PAC contributions that seek to represent them in govern- tem. were at least $10,000 in size, quadruple ment. The Sacramento Bee writes that the $2,500 donation limit individuals More than 2 years ago, the Supreme ‘‘reasonable people can disagree on are allowed to give specific candidates. Court’s 5-to-4 decision in Citizens whether corporations should be able to The Center for Responsive Politics United set the stage for the emergence donate to campaigns, or whether the found that the top 100 individual super of super political action committees, size of donations should be capped. But PAC donors make up only 4 percent of PACs, primarily underwritten by there should be no debate about wheth- the total contributors to super PACs, wealthy individuals to finance unregu- er donations should be open and readily but they account for more than 80 per- lated and often anonymous attack po- accessible to the public.’’ cent of the total money raised. litical campaign advertising. This deci- The Los Angeles Times writes that According to Politico, the Koch sion effectively puts our elected posi- ‘‘there is no cogent argument against Brothers and their companies plan to tions up for sale to moneyed interests. maximum disclosure. Nor is there any spend $400 million on the 2012 election, The DISCLOSE Act would address First Amendment argument for secrecy which would be more than Senator problems caused by the Citizens United . . . If those who seek to influence elec- JOHN MCCAIN raised during his entire decision by restoring accountability tions don’t have the courage of their 2008 run for President. and transparency to our electoral sys- convictions, Congress must act to iden- A super PAC called ‘‘Spirit of Democ- tem. It would simply require labor tify them.’’ racy America’’ spent $160,000 in support unions, traditional PACs, super PACs, The San Jose Mercury News writes of a primary candidate in California’s and other covered organizations that that ‘‘since the Supreme Court made it 8th Congressional District. The super spend $10,000 or more on political cam- all but impossible to regulate cor- PAC has no Web site and provided no paigns to identify themselves by filing porate influence on campaigns, the details prior to the primary election to a timely report with the Federal Elec- only thing left is requiring swift and voters in the district about who was tions Commission. thorough disclosure.’’ behind their expenditures. The super Opponents of the DISCLOSE Act And that is exactly what the DIS- PAC accounted for 64 percent of all the claim that this bill would impede free CLOSE Act does. outside money spent on the race. speech and discourage political in- It requires super PACs, corporations, A 21-year-old Texas college student volvement. I cannot disagree more. To and labor organizations that spend used a multimillion dollar inheritance the contrary, the DISCLOSE Act pre- $10,000 or more for campaign purposes from his grandfather to spend more serves the right to express one’s opin- to file a disclosure report with the Fed- than $500,000 on television ads and di- ions and ideas through contributions to eral Election Commission within 24 rect mail in a Kentucky congressional political campaigns; it only forces hours of the expenditure. The organiza- election, helping his handpicked can- large contributors to identify them- tion must also disclose the sources of didate win the primary in an upset. selves when making influential con- all donations it receives in excess of The American people are tired of tributions. Furthermore, it promotes $10,000. The disclosure must also in- these stories, and they are tired of big civic involvement by empowering vot- clude a certification that organiza- money in politics. ers to effectively participate in the tion’s spending is in no way coordi- Overwhelmingly, and on a bipartisan electoral process and make informed nated with a candidate’s campaign. basis, they support disclosure laws and choices about their leaders. These are carefully targeted reforms to contribution limits. We are all here to represent the vot- ensure that the American people are Because of the massive influence ers in our States and districts who informed during the electoral process. super PACs are having on elections, have entrusted us to represent them. In

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And information that could influence their never have a handful of people had such these secret groups, such as Cross- decision: who we are, who our sup- awesome tools to influence our polit- roads, with $76.8 million, and the ma- porters are, and how much support we ical system in a way they choose with- jority of the money that they spend is have received from various sources. out any accountability—never. secret money—that has changed the No democracy, including this one, The robber barons were more ac- debate. But those who are out of the can remain fair, successful, and viable countable and more diffuse. The small need for that secret money, such as if wealthy individuals are allowed to group that led America, supposedly, in former Republican Senators Rudman spend unchecked sums of money to the 1920s was more accountable and and Hagel, are clear: more diffuse. The military industrial anonymously influence the outcomes A bill is being debated this week in the of its elections. complex that President Eisenhower Senate, called the DISCLOSE Act of 2012. I urge my colleagues to do what is warned about was far broader and more This bill is a well-researched, well-conceived right for all Americans today and pass diffuse. To have a small number of peo- solution to this insufferable situation. We this important bill. ple—most of them angry people, most believe every Senator should embrace the I yield the floor. of them people who do not even give DISCLOSE Act of 2012. This legislation The PRESIDING OFFICER (Mr. any attention to someone who does not treats trade unions and corporations equally WEBB). The Senator from New York. agree with them—to give them such and gives neither party an advantage. It is Mr. SCHUMER. First, Mr. President, awesome power, which is the power to good for Republicans and it is good for I ask unanimous consent that I be run negative political ads over and Democrats. given 4 minutes, the Senator from over and have no accountability as to Most important, it is good for the Rhode Island be given 6 minutes to who is running them, that is a true American people. I urge my colleagues conclude, and we vote immediately danger to the Republic. on the Republican side to follow the ex- thereafter. It befuddles me that our U.S. Su- ample of their former colleagues Sen- The PRESIDING OFFICER. Is there preme Court does not see it. We want ator Rudman and Senator Hagel; and I objection? our courts to be insulated from the vi- pledge to Senator MURKOWSKI that we Without objection, it is so ordered. cissitudes of politics. But to have a take her comments very seriously. She Mr. SCHUMER. First, I would just Court that is so insulated that it does has cast a sliver of daylight. I intend to like to make one preliminary com- not see, smell, hear, touch what is pursue that sliver ardently to work ment, and then I would like to address going on in this Republic does not through this problem. what my colleague from Alaska has speak well of that Court. I think it is I will conclude by also compli- said and this bill. the main reason its popularity has de- menting Senator MCCAIN. He believes FISCAL POLICY clined. I hope our Justices will wake there is a benefit for unions in here On another issue, I just heard that and realize what they are doing. that I do not see, which I disagree ex- Vice President Cheney came to address I would say again—first, I wish to ists. But certainly he has a record of the Republican caucus on our fiscal thank Senator WHITEHOUSE. He has courage and determination on cam- cliff. I would suggest that the man who been a great leader on this issue. I wish paign finance that entitles his judg- said deficits do not matter is not a to thank all my colleagues. We have ment to our respect. I look forward to very good teacher for the Republican been debating this bill for 10 hours— working with both of them. caucus when it comes to deficit reduc- more than 10 hours, I believe—and there has not been one quorum call, I yield back our time. tion and the fiscal cliff. They could get The PRESIDING OFFICER. Under better teachers than that. which means there has been speaking time from about 6 last night until 1 in the previous order, the motion to pro- As for this issue, first, I wish to ceed to the motion to reconsider the thank my colleague from Alaska for the morning—— The PRESIDING OFFICER. The Sen- vote by which cloture was not invoked her heartfelt comments. She is what ator’s time has expired. on the motion to proceed to S. 3369 is we need, somebody who cares about Mr. SCHUMER. Mr. President, I yield agreed to. The motion to reconsider is this issue, somebody who has great the floor. agreed to. reach across the aisle, and somebody The PRESIDING OFFICER. The Sen- CLOTURE MOTION who is willing to work with us. ator from Rhode Island. It is true, it is obvious we will not Mr. WHITEHOUSE. Mr. President, at The PRESIDING OFFICER. The have the votes to win the DISCLOSE least—at least—10 Republican Senators clerk will report the motion to invoke Act. It is simple disclosure. We tried to are on record supporting transparency cloture. make it—under the leadership of Sen- and disclosure in election spending. The assistant bill clerk read as fol- ator WHITEHOUSE; I will address that in Some of them are very significant lead- lows: 1 minute—we tried to make it as nar- ers on the Republican side. CLOTURE MOTION row as possible. We tried to deal with Senator MITCH MCCONNELL said this: We, the undersigned Senators, in accord- all the objections we heard about labor I think disclosure is the best disinfectant. ance with the provisions of rule XXII of the unions and others. That is why there is Senator JOHN CORNYN, head of the Standing Rules of the Senate, hereby move a $10,000 amount—far beyond the labor Republican campaign operation, said to bring to a close debate on the motion to union dues of any union I am aware of. this: proceed to calendar No. 446, S. 3369, a bill to We tried to make it as down the middle I think the system needs more trans- amend the Federal Election Campaign Act of as possible for simple disclosure. parency so people can more easily reach 1971 to provide for additional disclosure re- But I understand where my colleague their own conclusions. quirements for corporations, labor organizations, Super PACs and other entities, and for from Alaska is coming from. I respect Other Senators, colleagues, and it, and I look forward to working with other purposes. friends come from States that require Harry Reid, Sheldon Whitehouse, Jack her. She might be the bridge we need disclosure in election spending. The Reed, Joseph I. Lieberman, Jon Tester, because, mark my words, if we do not States they represent know this is Mark L. Pryor, Benjamin L. Cardin, do something about this, we will not wrong. The arguments against this bill Christopher A. Coons, Jeanne Shaheen, have the Republic we know in 5 years. are few. Some of those arguments are Daniel K. Akaka, Herb Kohl, Charles E. It is that simple. This great country we false. Others don’t hold water. Huge Schumer, Mark Begich, Tim Johnson, all love has been dramatically changed majorities of Americans—Republicans, Robert Menendez, Frank R. Lauten- by Citizens United. The failure to cor- Democrats, and Independents—support berg, Mark Udall, Sherrod Brown. rect its huge deficiencies, to have such cleaning up this mess. The PRESIDING OFFICER. By unan- a small number of people have such a More than 700,000 Americans signed imous consent, the mandatory quorum huge influence on our body politic—we up as citizen cosponsors of this bill in call has been waived.

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The unfortunately, as happens on every- quirements for corporations, labor or- clerk will report the motion. thing now, when the leader attempts to ganizations, super PACs, and other en- The assistant legislative clerk read move to a bill, there is an objection to tities, and for other purposes, shall be as follows: that. When there is, it puts us into a situation where we have to spend sev- brought to a close? Motion to proceed to Calendar No. 442 (S. The yeas and nays are mandatory 3364), a bill to provide an incentive for busi- eral days trying to overcome a poten- under the rule. nesses to bring jobs back to America. tial filibuster to be able to move to the bill. So, process-wise, that is where we The clerk will call the roll. CLOTURE MOTION are. The bill clerk called the roll. Mr. REID. Mr. President, I have a Mr. KYL. The following Senators are From a substance standpoint it is ab- cloture motion at the desk in reference solutely critical that we move to this necessarily absent: the Senator from to this legislation. Illinois (Mr. KIRK) and the Senator bill and that we pass it. The great re- The PRESIDING OFFICER. The clo- cession and the financial collapse of from Alabama (Mr. SHELBY). ture motion having been presented pur- Further, if present and voting, the 2008 were absolutely devastating to our suant to rule XXII, the Chair directs Senator from Alabama (Mr. SHELBY) economy. We know that during that the clerk to read the motion. time, 8 million Americans lost their would have voted ‘‘no.’’ The assistant legislative clerk read The PRESIDING OFFICER. Are there jobs and many are still struggling to as follows: any other Senators in the Chamber de- get out of their own deficit hole be- siring to vote? CLOTURE MOTION cause of what happened. These are peo- The yeas and nays resulted—yeas 53, We, the undersigned Senators, in accord- ple who worked all their lives and nays 45, as follows: ance with the provisions of rule XXII of the played by the rules, only to have the Standing Rules of the Senate, hereby move [Rollcall Vote No. 180 Leg.] rug pulled out from under them. to bring to a close the debate on the motion Many of these people were folks who YEAS—53 to proceed to Calendar No. 442, S. 3364, a bill worked in manufacturing, many in my Akaka Hagan Nelson (NE) to provide an incentive for businesses to Baucus Harkin Nelson (FL) bring jobs back to America. great State of Michigan. We are so Begich Inouye Pryor Harry Reid, Debbie Stabenow, Sheldon proud that we make things in Michi- Bennet Johnson (SD) Reed Whitehouse, Al Franken, Richard J. gan. We do not have a middle class, we Bingaman Kerry Reid Durbin, Sherrod Brown, Richard do not have an economy unless we Blumenthal Klobuchar Rockefeller Boxer Kohl Blumenthal, Jeff Merkley, Christopher make things. That is what we do in Sanders A. Coons, Robert P. Casey, Jr., Ben- Brown (OH) Landrieu Schumer Michigan. For decades, this has been Cantwell Lautenberg jamin L. Cardin, Jeanne Shaheen, Shaheen the foundation of our economy. Frank- Cardin Leahy Kirsten E. Gillibrand, Charles E. Schu- Stabenow Carper Levin ly, it created the middle class of our Tester mer, Jack Reed, Barbara A. Mikulski, Casey Lieberman John D. Rockefeller IV. country and we are proud it started in Conrad Manchin Udall (CO) Michigan with the beginning of the Coons McCaskill Udall (NM) Mr. REID. I ask unanimous consent Warner automobile industry. Durbin Menendez that the mandatory quorum required It is no coincidence that as those jobs Feinstein Merkley Webb under rule XXII be waived. Whitehouse have disappeared over the decades, the Franken Mikulski The PRESIDING OFFICER. Without Gillibrand Murray Wyden middle class has begun to disappear as objection, it is so ordered. well and families are in more and more NAYS—45 Mr. REID. Mr. President, once again Alexander DeMint McCain difficult situations personally as a re- I am disappointed, as I think most peo- sult of that. Those jobs have been the Ayotte Enzi McConnell ple in this country are, on an issue as Barrasso Graham Moran driving force of our economy for dec- Blunt Grassley Murkowski timely as this, outsourcing jobs, that ades, as I indicated. Those jobs are the Boozman Hatch Paul we once again are being stymied on jobs that allowed the ‘‘greatest genera- Brown (MA) Heller Portman moving to that legislation. We are Burr Hoeven Risch tion’’ to build the greatest economy in Chambliss Hutchison Roberts going to have a vote. The rules are we the world, the greatest economy we Coats Inhofe Rubio cannot have a vote on this until 2 days have ever seen. Those jobs led to tree- Coburn Isakson Sessions go by, so that is a vote on Thursday. If Cochran Johanns Snowe lined streets with at least one car in Collins Johnson (WI) Thune cloture is invoked on that, then we are every driveway, and the freedom to Corker Kyl Toomey only on the bill, and then to get off of raise a family and send them to college Cornyn Lee Vitter it would take another series of days. I Crapo Lugar Wicker and maybe have the cottage up north think to get final action on this is and be able to take the family on vaca- NOT VOTING—2 going to take a week. tion and have the American dream. Kirk Shelby It is so unfortunate that we have to Today in fact that dream is in jeop- The PRESIDING OFFICER. On this go through this. We have gone through ardy and every American family knows vote, the yeas are 53, the nays are 45. this so many times. There is, I repeat, that. But it does not have to be that Three-fifths of the Senators duly cho- not an issue more timely than this— way. In the last decade, companies sen and sworn not having voted in the outsourcing jobs. Whether it is the shipped 2.4 million jobs overseas. To affirmative, the motion upon reconsid- Olympic uniforms or the many other add insult to injury, American tax- eration is rejected. jobs that have been lost around the payers were asked to help foot the bill. Mr. CARDIN. I suggest the absence of country, the American people are tired It is amazing. When I explain that to a quorum. of it, but I think it is unfortunate the folks in Michigan, they say you have to The PRESIDING OFFICER. The Republicans are stopping us from being be kidding—or they say other things I clerk will call the roll. able to start legislating on this bill. cannot repeat on the floor of the Sen- The assistant bill clerk proceeded to The PRESIDING OFFICER. The Sen- ate. Just imagine if you are one of call the roll. ator from Michigan. those workers in Michigan or in Vir- Mr. REID. Mr. President, I ask unan- Ms. STABENOW. Mr. President, I ginia or in Ohio or in Wisconsin or any- imous consent that the order for the rise today to urge my colleagues to where in this country who maybe was quorum call be rescinded. support the motion we have before us forced to train your overseas replace- The PRESIDING OFFICER. Without to begin consideration of my bill, the ment before you were laid off. Imagine objection, it is so ordered. Bring Jobs Home Act. I thank my lead- what your reaction would be—more Mr. REID. Mr. President, I withdraw er for making this a priority and thank colorful than I have been able to state my pending motion to proceed. the President of the United States for here. When an American worker is The PRESIDING OFFICER. The mo- also making this a priority as we move asked to subsidize the moving ex- tion is withdrawn. forward. penses, as they do today under current

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We can United States, investing—95 percent I move overseas they can get a tax change that this week on the floor of believe is the last number which I writeoff as a result. That makes abso- the Senate by passing the Bring Jobs heard of their investments are being lutely no sense. I cannot imagine any Home Act and sending it to the House done in America. We are proud to have other country in the world allowing and then sending it to the President them investing in Detroit and in Michi- that to happen. where I know he will enthusiastically gan. Last week we saw a report that When I think about places such as and immediately sign it. GM is about to go on a ‘‘hiring binge.’’ China, where at this point they say: Instead of rewarding companies for I love this, I love anything called a hir- Come on over, we will build the plant shipping jobs overseas, we want to re- ing binge, as they bring almost all of for you. Forget about a retooling loan; ward companies for bringing jobs their information technology needs we will build the plant for you. Of home. That is the whole point of this back in-house, and to America. course, then we will steal their pat- bill. We stop the tax deduction for We have a great company in De- ents, and there are a lot other chal- moving expenses related to moving troit—actually from New Jersey, now lenges, but: Come on over and we will jobs overseas. That is what this bill in Detroit—Galaxy Solutions, that has build the plant for you. The last num- does. Right now you can deduct those an ‘‘outsource to Detroit’’ effort going bers I saw showed that China was expenses as part of your business ex- on to bring IT back from places such as spending $288 million a day—probably penses. We say: No more. Second, we India and Brazil and China. We have on more now—on clean energy policies say: However, if you want to come the side of one of our largest buildings and manufacturing, and new cutting- home, we will happily give you that de- this great sign that says ‘‘outsource to edge efforts to try to compete and beat duction for the costs of moving back to Detroit.’’ If we are going to outsource us in an area we should own. the United States and we will add an somewhere, let’s outsource to our Between our universities and our additional 20 percent tax credit for American cities. We love the fact that businesses and our great workforce we those costs of bringing jobs back to the they are part of the effort to rebuild ought to completely own these tech- United States. That is what we are and refocus on Detroit. nologies. I am very proud to say that doing in the Bring Jobs Home Act. We have companies that want to in- Michigan is now No. 1 in new clean en- This is common sense. Unfortunately vest in America. We have stories about ergy patents. We were proud to open, it is not that common these days, but GE coming back. We have stories in last Friday, the first U.S. Patent Office it is common sense and it is good eco- every State of companies that are outside of Washington, DC, in Detroit, nomic sense as well. It is so important bringing jobs back to America. We MI, as a result of that. There are great that we pass this bill. We talk about have men and women who want to ideas happening all over this country tax reform. We talk about having a lot work. We have companies that are right now, innovators—frankly, people of tax loopholes. This is one we can looking at bringing jobs back. CNBC who have lost their jobs and they are eliminate right now, together, on a bi- called it ‘‘the stuff that dreams are now back in their garage or basement partisan basis. Let’s start here, the No. made of.’’ or the extra bedroom, with new ideas. 1 loophole, we will close it; No. 1 pri- I think going forward the great eco- We want to create businesses to sup- ority, jobs in America. nomic resurgence for us is involved in port their creation of businesses by I know some of my colleagues do not advanced manufacturing, making incentivizing them, not having a Tax believe these jobs are ever coming things in America and bringing our Code that incentivizes somebody to back. I hear that all the time. We in jobs back to America. It is more than move overseas. Michigan have been seeing that same time. It is what our workers are dream- This legislation I think is pretty sim- defeatist argument for 20 years. But in ing of. We are proud in Michigan of our ple. It is about bringing jobs home to fact that is not true. One of the things workforce, these folks who know how America. We are going to stop writing I am proudest of in the last 31⁄2 years is to work, they want to work, they work off the costs, allowing that business to that we have refocused on advanced hard every day. I have to say that ef- be subsidized by all of us, including the manufacturing, making things in forts such as ‘‘outsource to Detroit’’ people they lay off, in order to move America, in this country. We have a lot are giving them a new chance to do overseas. Instead, we are going to say more to do but we have in fact re- that, as well as the other efforts that no, if you move overseas you are on focused on jobs here at home and we are going on around Michigan. your own. But if you want to come are seeing, because of that, a whole There are so many opportunities back we are happy to allow you a busi- range of policies—whether it is the ad- right here in America. We have the ness deduction for those moving ex- vanced manufacturing tax cut I offered great new ideas. We have the ingenuity penses and we will add another 20 per- in the Recovery Act, that allows a 30- and the innovation. We have to make cent toward the costs of your expenses percent writeoff for clean energy man- sure we have the right policies to make on top of it. That is what we should be ufacturing jobs, or whether it is the re- it happen, that we are not doing any- doing. That is smart tax policy. It is tooling loans we put in place to be able thing in our Tax Code that encourages common sense. It is one step in a series to help retool plants to be able to mod- jobs to go overseas; that we do every- of things we need to do in order to be ernize in the name of advanced manu- thing possible to support efforts to able to bring jobs home and make facturing. It is bringing jobs back. bring them back and then to reinvest things in America again. I hope we will We put in place some initial actions and to expand upon research, develop- see an overwhelmingly positive, bipar- that are making a difference and we ment, innovation, retooling the plants tisan vote on this bill. It would send a are now seeing every month that man- we have, reinvesting in communities, wonderful message that we can work ufacturing is having an uptick. It has reinvesting in our cities, and focusing together. been one of the only areas where pretty on a strategy of American jobs. That is We worked together not long ago to much every month we have begun to what everyone wants us to be doing. pass a farm bill with a strong bipar- see a slow return. We are beginning to There is a great place to start and tisan vote because we need to make see some of these jobs come back as a that is with our Tax Code so that it and grow products in America. That is result. Our companies are doing the catches up with what leading-edge how we make an economy; that is how calculations, finding out that bringing business leaders already know. Amer- we have a middle class. We came to- jobs home makes good business sense. ican businesses, American workers can gether, and I am very appreciative of It is time our Tax Code stops standing compete with anybody in the world if everyone coming together and working in the way and actually has caught up we have a level playing field and we with me and Senator ROBERTS to get with what many businesses are doing. give them a chance to do it. that done. This is another opportunity.

VerDate Mar 15 2010 23:59 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.041 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5074 CONGRESSIONAL RECORD — SENATE July 17, 2012 It is another way for us to come to- do want to read a couple of lines from ernment. Clearly, that is not the way gether and say: We get it. We under- his letter. to go. stand what is going on in the country. His letter states: The President says everyone needs to Let’s work together and get the job The president’s programs not only limit pay their fair share. Well, of course ev- done. I strongly urge colleagues to my company’s potential to grow, but they eryone needs to pay their fair share, come together and pass the Bring Jobs destroy any incentive to work and hire more but the way to ensure that gets accom- Home Act. people. I just don’t know if he doesn’t under- plished is with comprehensive I suggest the absence of a quorum. stand what he’s doing, or just doesn’t care. progrowth tax reform and closing loop- The PRESIDING OFFICER (Mrs. I am taking that right out of a small holes. Let’s extend the current tax SHAHEEN). The clerk will call the roll. businessperson’s letter. Keep that last rates for 1 year, and let’s set up a proc- The assistant legislative clerk pro- line in mind for just a minute. ess to pass comprehensive progrowth ceeded to call the roll. I just don’t know if he— tax reform that lowers rates, closes Mr. HOEVEN. Madam President, I President Obama— loopholes, that is fair, that is simpler, ask unanimous consent that the order doesn’t understand what he’s doing, or just and that will generate revenue to re- for the quorum call be rescinded. doesn’t care. duce our deficit and our debt through The PRESIDING OFFICER. Without I referenced that because the Presi- economic growth rather than through objection, it is so ordered. dent gave a speech last Friday in Roa- higher taxes. The reality is that is the TAX REFORM noke, VA. In his speech, he followed up only way to go—along with reducing Mr. HOEVEN. Madam President, I on his plan to raise taxes on small government spending—that will get rise to speak about progrowth tax re- businesses. I am going to read right our debt and deficit under control and form. One week ago Monday, President from the President’s speech. I think it get our people back to work. To be suc- Obama proposed to raise taxes on over gives insight as to his view of small cessful, this effort needs to be bipar- 1 million small businesses in this coun- business and how our economy works. tisan, and the clock is ticking. try. Even though he said in the past He said: So let’s get started. Let’s give small that we cannot raise taxes in a reces- There are a lot of wealthy, successful business in this country the legal, tax, sion and that higher taxes will hurt our Americans who agree with me—because they and regulatory certainty to encourage economy and hurt job creation, he pro- want to give something back. They know private investment and innovation. posed raising taxes on more than 1 mil- they didn’t—look, if you’ve been successful, That is the American way. That is the lion small businesses across this coun- you didn’t get there on your own. You didn’t real American success story. We can do try. get there on your own. I’m always struck by it, and we need to make it happen now. Last week I came to the floor to talk people who think, well, it must be because I Thank you, Madam President, and I about why that is not the right ap- was just so smart. There are a lot of smart people out there. It must be because I yield the floor. I would also suggest the proach and to discuss the approach we worked harder than everybody else. Let me absence of a quorum. should take, the right approach. I tell you something—there are a whole bunch The PRESIDING OFFICER. The pointed out that his approach—the ad- of hardworking people out there. clerk will call the roll. ministration’s approach—has made our If you were successful, somebody along the The legislative clerk proceeded to economy worse since he took office. line gave you some help. There was a great call the roll. Here are the facts, and they speak for teacher somewhere in your life. Somebody The PRESIDING OFFICER. The Sen- themselves. Today we have 8.2 percent helped to create this unbelievable American ator from Iowa. unemployment. We have had over 8 system that we have that allowed you to Mr. GRASSLEY. Madam President, I thrive. Somebody invested in roads and ask unanimous consent that the order percent unemployment for 41 straight bridges. If you’ve got a business—you didn’t weeks. We have more than 13 million build that. Somebody else made that happen. for the quorum call be rescinded. people who are out of work and another The Internet didn’t get invented on its own. The PRESIDING OFFICER. Without 10 million people who are under- Government research created the Internet so objection, it is so ordered. employed. That is 23 million people that all the companies could make money off FDA INVESTIGATION who are either unemployed or under- the Internet. Mr. GRASSLEY. Madam President, I employed. Middle-class income has de- So that is right out of the President’s come to the floor to address my col- clined from an average of $55,000 down speech in Roanoke, VA, last Friday. I leagues about a Federal agency that to $50,000 since the President took of- think these comments provide real in- has forgotten that this Federal agency fice. Food stamp usage is up. There sight into President Obama’s view of is supposed to be working for the were 32 million food stamp recipients our economy and the role of small busi- American people. This is an agency at the beginning of the Obama adminis- ness in our economy. He says we have that has gotten too big for its britches. tration; today there are 46 million re- all had help in our lives, and that is Some of the officials have forgotten cipients. We have gone from 32 million certainly true. There is no question who pays their salary. people on food stamps to 46 million about that, and I don’t think anyone The Food and Drug Administration is people on food stamps. Home values disputes that. supposed to protect the American peo- have dropped from an average of He makes it clear that he believes ple, except lately the only thing the $169,000 to an average of about $148,000. government, not small business, is the FDA bureaucrats seem to have any in- Let’s talk about economic growth. driver of our economy. He says it is terest in is protecting themselves. Ac- GDP growth is the weakest for any re- government that paves our roads and cording to whistleblowers and pub- covery since World War II. In the last invented the Internet. In essence, it is lished reports in the Washington Post quarter, the rate of growth was 1.9 per- government that made successful peo- and in the New York Times, the agency cent over the prior quarter. There were ple successful and government that in charge of safeguarding the American 82,000 jobs created in the month of makes our economy go. public and providing for the public June. We need 150,000 jobs gained each That is just not right. It is small safety has trampled on the privacy of month just to keep up with population business that makes our economy go. its very own employees. The FDA growth and to reduce the unemploy- It is small business that made our mounted an aggressive campaign ment rolls. economy the envy of the world. It is against employees who would dare to Those are some of the statistics. small business that serves as the back- question its actions and created what When I spoke on the Senate floor last bone of our economy, that employs our the New York Times termed an ‘‘en- week, I also read a letter from one of people, that generates tax revenue to emies list’’ of people it considered dan- my constituents back home who is a build our roads, creates innovation like gerous. It kind of reminds us of Presi- small business owner. He owns an Ace the Internet, and that provides Ameri- dent Nixon and the IRS going after en- Hardware store. In his letter, he stated cans with the highest standard of liv- emies. very clearly and very eloquently that ing in the world. Small business is the The Food and Drug Administration the President’s approach with small engine that drives our economy, and has been spying on this enemies list. business is hurting our economy. I am we need to get it going. We don’t do The FDA has been spying on the per- not going to read the full letter, but I that by raising taxes and growing gov- sonal e-mails of these employees and

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The FDA has been tell- of the spying if internal FDA docu- sel are privileged and confidential, but ing me they have a good story to tell— ments about it had not been released the James Bond wannabes at the FDA and those are their words, ‘‘a good on the Internet, apparently just by ac- just didn’t seem to care what the law story to tell.’’ cident. We would not have known how said. Apparently, though, there is someone the FDA intentionally targeted and In the end, the self-appointed spies in this administration—President captured confidential, personal e-mails turned out to be more like the bum- Obama’s administration—who didn’t between the whistleblowers, their law- bling Maxwell Smart. Along with their want them to say anything for as long yers, and those of us in Congress. own internal memos about spying, the as they could possibly get away with In these internal documents, the fruits of their labor were also acciden- not saying anything. I finally got Com- FDA never wanted the public to see tally posted on the Internet. It is tens missioner Hamburg on the phone in that it referred to whistleblowers as of thousands of pages of e-mails and June of this year. Commissioner Ham- ‘‘collaborators.’’ FDA refers to con- pictures of the whistleblower computer burg personally assured me the FDA gressional staff as ‘‘ancillary actors.’’ screens containing some of the very was going to fully cooperate with my FDA refers to newspaper reporters as same information the FDA bureaucrats investigation. Yet the FDA has pro- ‘‘media outlet actors.’’ These memos were so keen to keep secret. vided me with nothing but misleading make the FDA sound more like the When I started asking questions and incomplete responses. East German Stasi than a consumer about this, FDA officials seemed to suf- The FDA has failed to measure up to protection agency in a free country. fer from a sudden bout of collective Commissioner Hamburg’s pledge of co- At the beginning of Commissioner amnesia. It took them more than 6 operation. The FDA buried its head in Hamburg’s term, she said whistle- months to answer a letter from last the sand in hopes I would lose interest blowers exposed critical issues within January starting my investigation of and go away. They don’t know me very the FDA. That seems to be a very ap- this issue. When I pushed for a reply well. That is not going to happen. proving comment. She vowed to create during those 6 months, FDA told my I don’t care who is in charge of the a culture that values whistleblowers. staff that the response would take time executive branch—Republican or Dem- That appears to be a very approving to make sure it was accurate and com- ocrat—I am going to continue demand- statement. In fact, in 2009 she said: ‘‘I plete. ing answers. When government bureau- think whistleblowers serve an impor- When I finally got the response on crats obstruct and intercept my com- tant role.’’ Friday, it doesn’t even answer the sim- munications with protected whistle- I wanted to believe Commissioner plest of questions, such as who author- blowers, I am not going to stop. When Hamburg when she testified before the ized this targeted spy ring, and isn’t it government bureaucrats stonewall for Senate committee during her con- a coincidence that just Friday, before months on end, I will not stop. When firmation. I wanted to believe her when the New York Times article was going government bureaucrats try and she said she would protect whistle- to come out, they finally answered a muddy the waters and mislead, I will blowers at the Food and Drug Adminis- letter going way back to my questions not stop. I intend to get to the bottom tration. However, the facts now appear of January. Worse than that, though, it of it. very different. is misleading in its denials about in- I will continue to press the FDA In this case, the FDA invaded the pri- tentionally intercepting communica- until we know who authorized spying. vacy of multiple whistleblowers. It tions with Congress. Can my colleagues imagine spying in hacked into the private e-mail ac- When I asked them why they American government, a transparent counts and used sophisticated key- couldn’t just answer some simple ques- government—supposed to be trans- stroke logging software to monitor tions, they told my staff that the re- parent—spying on whistleblowers who their every move online. sponse was under review by the ‘‘appro- are protected by law and who have a When an FDA supervisor was placed priate officials in the Administration.’’ special office set up to protect them, under oath in the course of an equal The nonanswers and the doublespeak and spying on communications be- employment opportunity complaint, would have fit right into some George tween a lawyer and their client? that employee—that supervisor—testi- Orwell novel. Someone within the FDA specifically fied that the FDA was conducting Of course, when my staff dug deeper authorized spying on private commu- ‘‘routine security monitoring.’’ That is and asked if the response was being re- nications with my own office and with entirely false. This monitoring was viewed by the Office of Management several other Members of Congress. anything but routine. It specifically and Budget, the Food and Drug Admin- Someone at FDA specifically author- targeted five whistleblowers. It inten- istration responded: No, it wasn’t being ized spying on private communications tionally captured their private e-mails reviewed by OMB. with Congressman VAN HOLLEN’s office. to attorneys, to Members of Congress, FDA refused to identify who within Someone at FDA specifically author- and to the Office of Special Counsel. the administration was holding up the ized spying on private communications The internal documents showed that FDA’s response to my letter. Now, that with the staff of the Senate Special this was a unique, highly sophisticated, is in an administration that said on Committee on Aging. Someone at FDA and highly specialized operation. January 20, 2009, they are going to be specifically authorized spying on pri- According to the Office of the Inspec- the most transparent in the history of vate communications with the lawyers tor General, the Food and Drug Admin- this country. FDA refused to say how for whistleblowers, and those lawyers istration had no evidence of any crimi- long it had been sitting on that per- are called the Office of Special Counsel. nal wrongdoing by these whistle- son’s desk or why it had been approved These whistleblowers thought the blowers. This massive campaign of spy- by the political officials outside the FDA was approving drugs and treating was not just an invasion of privacy; FDA. Who is this shadowy figure con- ment it shouldn’t. These whistle- it was specifically designed to inter- ducting some secret review of the blowers thought the FDA was caving to cept communications that are pro- FDA’s responses to this Senator’s ques- pressure from the companies who were tected by law. The Office of Special tions? Why was there all of a sudden applying for FDA approval. They have Counsel is an agency created by Con- interest in exerting political control a right to express those concerns with- gress to receive whistleblower com- over the correspondence of this sup- out any fear of retaliation whatsoever, plaints and to protect whistleblowers posedly independent Federal agency? if the law is going to be followed—the from retaliation. The law protects And when we use the words ‘‘inde- law protecting whistleblowers. But communications with the special coun- pendent Federal agency’’ around here, after doing so, two of these whistle- sel as a way to encourage whistle- we mean not subject to political con- blowers were fired, two more were blowers to report waste, fraud, abuse, trol. forced to leave FDA, and five of them

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Having Washington bureaucrats man- That potentially allowed them to log Even worse, they are so committed age the economy in the name of wealth in to the whistleblower’s personal e- to raising taxes on small businesses— equalization is their first priority, re- mail accounts and access e-mails that the same small businesses that must be gardless of any evidence that this tax were never even accessed from a work cultivated to get our economy and job policy undercuts economic growth and computer. Without a subpoena or war- growth moving again—that he and his job creation. rant, that would be a criminal viola- Democratic allies in the Senate have Unfortunately, the President’s eco- tion. put their feet down and are denying tax nomic ethic is significantly hampering After 6 months, FDA finally denied relief to anyone unless they get their our economic recovery with disastrous that occurred. However, that denial way on tax increases. consequences for America’s families. was based on the word of one unnamed And make no mistake about it, in- Today, Ben Bernanke, the Chairman information technology employee increasing taxes is what they intend to of the Federal Reserve, testified before volved in the monitoring. We need a do. They intend to do it so they can the Senate Banking Committee. As the more thorough investigation than that. spend more. They live to raise taxes. It Senate’s Democratic leadership and I have asked the FDA to make that is almost as though their only source the President ignore the fiscal cliff, person and several other witnesses of pleasure is hiking taxes. Taking Chairman Bernanke’s words are a som- available for interviews with my staff. money out of the private sector and ber reminder of what we face if we do We will see how cooperative FDA plans controlling it for their liberal agenda not address the fiscal cliff. to be now. I will continue to press the is like some power trip for the left. He testified that the recovery ‘‘could FDA to open every window and every And do not fall for that red herring be endangered by the confluence of tax door. Eventually enough sunlight on fiscal responsibility argument ad- increases and spending reductions that this agency will cleanse it. vanced by my friends on the other side. will take effect early next year if no FDA gets paid to protect the public, If you look at comparable policy be- legislative action is taken.’’ He stated not to keep us in the dark. Secret mon- tween the Hatch-McConnell amend- that the public uncertainty about the itoring programs, spying on Congress, ment and the Democratic leadership’s resolution of these issues is a negative and retaliating against whistle- position, they differ by about $41 bil- drag on the economy, and he concluded blowers—this is a sad commentary on lion for the policy for 2013. That $41 bil- that addressing this cliff ‘‘earlier rath- the state of affairs at the FDA. lion represents 1.1 percent of the spend- er than later would help reduce uncer- I know there are hard-working and ing proposed in the President’s budget tainty and boost household and busi- principled rank-and-file employees at for 2013. The House budget, rejected by ness confidence.’’ the FDA who care very much about our friends on the other side, would re- But instead of addressing these crit- their mission to protect the American duce the deficit by restraining spend- ical economic issues, the Senate spent public from harm. Unfortunately, all ing by $180 billion—more than four another day voting on the same too often those rank-and-file employ- times the deficit reduction that would doomed piece of partisan legislation. ees are unfairly tarnished by others, be achieved through the tax hikes in- Rather than take on the hard work of such as those involved in this spy ring. sisted upon by the Democrats. addressing the fiscal cliff that our This is a sad commentary on Presi- But what does that tax increase economy is approaching, we spent pre- dent Obama’s promise to the American mean in terms of harm to the econ- cious time yesterday debating the DIS- people that this would be the most omy? CLOSE Act. For those who are not transparent administration in history. My friends on the other side of the aware, this is a bill that had one pur- The American people cannot lose faith aisle should consider this: Today, a pose: to discourage political engage- in the FDA. Unfortunately, after this study commissioned by the National ment by President Obama’s opponents. debacle, some of that faith may dete- Federation of Independent Business, It takes a pretty bad bill to unify the riorate. The FDA has a lot of work to the S Corporation Association, and the ACLU; that is, the American Civil Lib- do to restore the public’s trust. U.S. Chamber of Commerce confirmed erties Union, and the NRA against it. I yield the floor and suggest the ab- again that the President’s attempt to But the DISCLOSE Act has brought sence of a quorum. stick it to the rich is going to end up the lion and the lamb together against The PRESIDING OFFICER. The skewering small businesses and the it. clerk will call the roll. families who work for them, or would It is bad enough that we spent all of The legislative clerk proceeded to like to work for them. yesterday debating a bill that has no call the roll. This report, published by Ernst & shot of becoming law. It is even worse Mr. HATCH. Madam President, I ask Young—one of the great accounting that we devoted nearly an entire day unanimous consent that the order for firms in this country—and authored by today to debating the same bill again. the quorum call be rescinded. Dr. Robert Carroll and Gerald Prante, In the meantime, the American people The PRESIDING OFFICER. Without found that if the President gets his continue to suffer under this weak objection, it is so ordered. way, the economy will be 1.3 percent economy. And to defend their lack of THE ECONOMY smaller than it would be and there action, the President and his allies Mr. HATCH. Madam President, the would be 710,000 fewer jobs. have engaged in some revisionist fiscal American people are struggling. Our Study after study confirms that the history. economy is barely keeping its head President’s policies prioritize spread- I want to begin by correcting the above water. Millions of citizens re- ing the wealth around over growing the record on this revisionist fiscal his- main out of work. President Obama has economy and creating jobs. tory. I will follow that with a discus- spent trillions in taxpayer dollars, and The Vice President spoke yesterday sion of the other side’s insatiable appe- there is nothing to show for it. He about the values of Republicans and tite for taxes and spending. talks about investments—investments the values of Democrats. Naturally, he We have recently been debating in infrastructure, in roads, and in spoke pejoratively about Republican whether we should adopt the Presi- bridges—while he has spent trillions. values. I disagree with him, naturally, dent’s policy to raise taxes on small Where are the roads? Where are the on his negative assessment, but I do business. We have also discussed the bridges? Where is the new electrical agree that there is a clear distinction— tax monster that is stalking the Amer- grid? a clear choice—between the values em- ican people under the guise of This reckless spending is a sin of braced by Republicans and Democrats. ObamaCare. In both of these debates, commission. But the administration’s Republicans want to grow the econ- we have heard a good deal of fictional sins of omission are perhaps worse. omy and create jobs so that American accounting.

VerDate Mar 15 2010 23:59 Jul 17, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.045 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5077 These accounts share much with the start of 2001, as everyone agrees, of the fourth estate as if it constituted other stories we have heard from the CBO projected a surplus of $5.6 trillion. news. In my opinion, the more proper other side over the past decade. You Over the decade, deficits of $6.2 trillion and accurate response would be to bor- hear it from our friends in the majority materialized. That is a swing of $11.8 row from President Ronald Reagan whenever the Senate discusses spend- trillion. What did CBO say were the when he said ‘‘there you go again’’ to ing or tax policy. I have noticed that causes? Jimmy Carter in a 1980 debate. the arguments boil down to two points. My friends on the other side might be Perhaps ironically President Reagan My friend and colleague, the former surprised to learn that the answer is was responding to President Carter’s chairman and ranking member of the not primarily tax relief. Higher spend- comments on a national health insur- Senate Finance Committee, Senator ing accounts for 44 percent of the ance proposal. President Reagan was GRASSLEY, came up with this thumb- change. Higher spending, no question more right than even he knew. nail description of this creative histor- about it. Getting back to taxes and the role of ical account: Let me repeat that. Higher spending government, President Reagan was es- First, all of the so-called good fiscal was the biggest driver of the deficits of sentially making the same point this history of the 1990s was derived from the last decade. chart shows, which is liberal logic. No the partisan tax increases of 1993. That Economic and technical changes in matter what problems face the left, the is their argument. And second, all of the estimates accounted for 28 percent answer is always the same solution. the supposedly bad fiscal history tak- of the change. So all tax relief, includ- Health care is too expensive; raise ing place within the past 10 years is to ing the tax relief passed by Democratic taxes. Spending is out of control; raise be blamed on the bipartisan tax relief Congresses and tax relief signed into taxes. Gas prices are too high; raise plans originally enacted during the last law by President Obama, accounts for taxes. Too many people are unem- administration and continued under 28 percent. The tax relief legislation, ployed; raise taxes. It is a broken the present administration. much maligned by our friends on the record. You could go one step further and, as other side, accounts for less than half Again, no matter what problem faces a policy premise, refine that thumbnail of the fiscal change attributable to tax the left, the answer is always the same. description to two short sentences. relief. Specifically, the bipartisan tax More taxes are always needed in order First sentence: Lower taxes are bad. relief bills of 2001 and 2003, including to increase the size and scope of the Second sentence: Higher taxes are the AMT patches in those bills, ac- government in people’s lives. The Supreme Court recently affirmed good. counted for 13.7 percent of the fiscal the point of this chart—the liberal so- Not surprisingly, these revisionist change of the last decade. lution to rising health care costs and historians support higher taxes and That is not ORRIN HATCH speaking, it is the nonpartisan congressional score- lack of coverage were tax increases. higher government spending. Not sur- The propensity of President Obama keeper, CBO. prisingly, the revisionists oppose cut- and his ideological allies to raise taxes So how much of the bad fiscal history ting taxes and cutting government is nothing new, and it is widely ac- of the last decade is attributable to tax spending. knowledged as well. Back in August of relief? Twenty-eight percent. That is I direct folks to the Senate floor re- 2008, David Leonhardt wrote a piece in it. That includes the tax cuts in par- marks I made on Valentine’s Day last the New York Times that quoted then- tisan bills such as the stimulus. If you year. It is important to reiterate the candidate Obama. It is titled isolate the bipartisan bills that are the main point of those remarks. Our ‘‘Obamanomics,’’ and here is what he object of sharp criticism from our friends on the other side assert that said: raising taxes was the key to a growing friends on the other side—the 2001 and If you talk to Warren, he’ll tell you his economy in the 1990s, and raising taxes 2003 tax cuts—you will find that those preference is not to meddle in the economy could work this magic again. bills account for only 13.7 percent of at all—let the market work, however way A quick look at the data from the the fiscal change in the last decade. it’s going to work, and just tax the heck out 1990s shows this assertion can be sum- Abnormally low levels of spending of people at the end and just redistribute it. marily dismissed. contributed significantly to the sur- That way you’re not impeding efficiency, I have a chart. According to the Clin- pluses of the 1990s. Abnormally high and you’re achieving equity on the back end. ton administration’s Office of Manage- spending drove the deficits of the past In order that people may peruse the ment and Budget or OMB, the impact decade. Abnormally high spending is whole story, I ask unanimous consent of the much bragged about tax hike bill driving our current deficits, and it will that the Internet Web address to Mr. of 1993 was minimal. The Clinton ad- drive our future deficits as well. Leonhardt’s piece be printed in the ministration OMB concluded that the To my friends on the other side, if we RECORD. 1993 tax increase accounted for only 13 focus instead on hiking taxes way There being no objection, the mate- percent—as you can see, the green bar above their historic averages, we are rial was ordered to be printed in the on the circular chart—the 1993 tax in- misleading and mistreating the prob- RECORD, as follows: crease accounted for only 13 percent of lem. The reason for our previous sur- [From the New York Times, Aug. 24, 2008] deficit reduction between 1990 and 2000. pluses was low spending, and the rea- OBAMANOMICS Thirteen percent puts the 1993 tax in- son for our current deficits is high (By David Leonhardt) crease behind other factors, such as de- spending. We cannot tax our way to fis- http://www.nytimes.com/2008/08/24/ fense cuts, other revenue, and interest cal health. magazine/24Obamanomics-t.html savings. The data clearly shows that I now turn to a second issue that de- Mr. HATCH. For those of us not in- tax increases did not drive the deficit mands a response. It has a corollary of vited to the local Dairy Queen for a reduction. the theme underlying the revisionist Blizzard with the oracle of Omaha, the As a matter of fact, only 13 percent fiscal history I have discussed. It is the Warren cited in this quote is none of the positive fiscal history of the insatiable appetite for taxes and spend- other than Warren Buffet. He is a 1990s is due to the 1993 tax increase. ing that we see from the President and friend of mine—you know, the same That is it—13 percent. It is right here my friends on the other side. Buffett from which the Buffett rule or on the green part of the chart. Last week, President Obama once Buffett tax is named. Well, what about the last decade? again called for tax increases in order Setting aside the ridiculous notion The period of 2001 to 2010 saw a lot of to fund his so-called progressive vision that Americans are as oblivious to deficits. From what you hear from our of government. I am specifically speak- taxes as cattle are to the purposes of friends on the other side, those deficits ing of the President’s latest proclama- the slaughterhouse they are being led are a direct result of the tax relief that tion that the tax relief of 2001 and into, this quote very accurately illus- benefited virtually every American 2003—tax relief supported by the Presi- trates the liberal attitude toward taxpayer. Yet CBO data tells us a dif- dent and 40 Senate Democrats in 2010— taxes, which is that they always need ferent story. should not be extended for people earn- to go up. On May 12, 2011, CBO released a recap ing $250,000 or more a year. This was This chart illustrates government of the changes over the last decade. At breathlessly reported in some quarters revenue as a percentage of GDP. Look

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There are some fluctuations, but over Government, in the CBO document I For President Obama, that someone the last 40 years, revenues have been cited earlier, it is projected that debt else is, in his words, ‘‘the rich,’’ which roughly stable. We can see in the past will eventually reach 200 percent of our includes all these small businesses that 10 years a dip around the time the so- economy—that means of the GDP— are formed in subchapter S corpora- called Bush tax relief was enacted, fol- that health care spending will rise to tions and other passthrough entities, lowed by a rebound as the tax cuts pro- record levels, and that Medicare and including partnerships, LLCs, and so moted growth, followed by a dip in rev- Social Security are on a path to dis- forth—small businesses that are vital enues as the recession set in. We can aster. to our economic recovery. see that it came down around 2000, Getting back to the chart, the com- Unfortunately, that approach is just went up a little more, and then came bined State and Federal spending and as realistic as the cartoon I am using down again. revenues—the purple line—what I find to illustrate my point. While many of According to the CBO, as of June 5, particularly striking is the large gap us may not while away our leisure time 2012, Federal revenues averaged 17.9 between the spending and revenue down at the club playing whist with percent of GDP over the past 40 years. lines. Once again, as CBO has indi- monocled robber barons, a lot of us The same CBO report—the 2012 long- cated, that gap is likely to increase to probably know of small businesses in term budget outlook—forecasts that more than twice the size of our whole our communities that employ us or our under current law, Federal revenues economy. We are already at 103 percent neighbors and provide goods and serv- will be 18.7 percent of GDP next year in of GDP. ices that consumers want and our econ- 2013 and will be 23.7 percent of GDP in If I recall correctly, Spain is a little omy demands. 2037. more than half of that—around 70 per- When liberals are talking about this Somebody could say that current law cent. Yet Spain is considered in real guy in the top hat with the monocle, is not realistic and some tax provisions trouble in Europe. Once again, as CBO they are talking about the hard-work- that are scheduled to expire will likely indicated, that gap is likely to increase ing small business owner. So when be extended. To account for this, CBO to more than twice the size of our President Obama talks about increas- has an alternative fiscal scenario whole economy. ing taxes on the rich, he is talking which assumes the extension of certain Finally, here is a chart of Federal about increasing taxes on around tax policies through 2022. and State government spending as a 940,000 small business owners who are CBO assumes this would lead to the percentage of GDP. Look at this. already in the top two tax brackets. A Federal revenues increasing to 18.5 per- I apologize for being repetitive, but if lot of people who would not pay the cent of GDP in 2022, with that level there is one message that should be Obama tax increase work for someone being preserved going forward. We defi- taken from my remarks today, it is one who would be hit by it. What we have nitely know that President Obama that I and others have been making a seen is that President Obama and his allies want to increase the size of gov- doesn’t support the assumptions that long time. That message is that the ernment and, in part, they want to are part of CBO’s alternative fiscal sce- United States doesn’t have a tax prob- fund this expansion with higher taxes nario because earlier this week he lem; it has a spending problem. on so-called rich people. called for taxes to increase on hundreds We keep hearing that Republicans I want to conclude my remarks with of thousands of small businesses—al- are too beholden to an antitax ide- a question. If we are getting more gov- most 1 million small businesses and ology, and that any resolution of our ernment, what are we getting less of? I business owners. debt crisis will require that Repub- am going to go back to the chart I dis- The question remains, Why do my licans get with the program and ac- played earlier of government spending friends on the other side think taxes knowledge the need for increased taxes. As I have shown, this characteriza- as a percentage of GDP. always need to go up? The answer to This one right here. We can see gov- tion of our fiscal and political prob- this question is more complex than I ernment spending is going up, but what lems is not close to half right. By far, am going to discuss right now, but part is going down as a result? What does the greatest cause of our fiscal short- of the answer is that taxes need to go the area on the top of that chart, which comings is increased spending. up in order to increase the size and is diminishing, represent? This is a Our increasingly precarious fiscal sit- scope of government in the lives of all subject that lends itself to prolonged uation did not arise from a dramatic Americans. discussion, but for one answer we can Here is another chart that compares decrease in taxes but, rather, is being get back to Mr. Leonhardt’s piece in State and Federal Government reve- caused by a dramatic increase in Fed- the New York Times. This is the same nues, which we have just examined, eral spending. There is a continual ef- piece from August 24, 2008, and con- with total government spending. We fort underway to deny this reality but tains a quote from then-candidate will notice Federal Government spend- reality it remains. Obama critiquing his friend Warren’s ing is the purple line on the top most I have a chart that summarizes the latest tactic being used to convince argument. of the way through except where it President Obama said: intersects with the red line, which is people that exploding government spending is not the disaster it appears I do think that what the argument may total government revenue. All of a sud- miss is the sense of control that we want in- den total government revenue goes to be, and this is called the rich guy dividuals to have in determining their own down, but total spending seems to go chart. As John Stossel has pointed out, career paths, making their own life choices up between 2005 and 2010. people like free stuff. The problem with and so forth. And I also think you want to We can see that over the past 40 free stuff from the government is that instill that sense of self-reliance and that years it looks like spending has been nothing is free. To quote John Stossel, what you do will help determine outcomes. inclined to move up, but only in the ‘‘It’s an Uncle Sam scam.’’ Stossel was Let me refer to the Obamanomics II past few years does it jump to unprece- specifically discussing the ability of chart. If candidate Obama was in the dented heights. Virtually every action people to exploit a tax credit for elec- midst of an internal struggle over the taken by the Obama administration tric vehicles in order to acquire golf appropriate role of government back in and Democratic Senate leadership has carts, but the principle applies to any 2008, that struggle is over—self-reliance amounted to an increase in the size and instance where the government sup- lost and taxing the heck out of people scope of government. posedly provides something for noth- and redistribution won. It runs through The continuing government takeover ing. This is where the cartoon of the the theme of his revisionist fiscal his- of health care is just the single most rich guy behind me comes in. Goodies tory, and it is the ethic underlying the

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He talked ple in the name of redistribution: I would say to my colleagues on the about a shallow recession occurring ‘‘There you go again.’’ other side of the aisle, many of whom next year and the endangerment of the I suggest the absence of a quorum. I think generally believe in Keynesian recovery that is under way if we have The PRESIDING OFFICER. The economics, that the average family in this confluence of events happen at the clerk will call the roll. South Dakota could do more to stimu- end of the year. The assistant bill clerk proceeded to late our economy and create new em- He went on to say: call the roll. ployment by keeping their $3,187 and These estimates do not incorporate the ad- Mr. THUNE. Mr. President, I ask spending it as they see fit, not as ditional negative effects likely to result unanimous consent that the order for Washington sees fit to spend it on their from public uncertainty about how these the quorum call be rescinded. behalf. matters will be resolved. The PRESIDING OFFICER (Mr. BEN- Taxmageddon is a very apt descrip- In other words, the economic uncer- NET). Without objection, it is so or- tion that has been applied to this fiscal tainty that is associated with all these dered. cliff when you consider the impact of things happening at the end of the year Mr. THUNE. Mr. President, one of these tax increases not just on indi- are impacting the economy today as the foremost threats to our economy is vidual families but on our entire econ- people are looking at how they are the fiscal cliff. This is an issue my Re- omy. Until recently we could just spec- going to make investment decisions, publican colleagues and I have been ulate about the impact of these tax in- and that our economy is likely to expe- talking about for several months now, creases on our fragile economy, but the rience negative effects from that public calling for more transparency in the magnitude of the damage was in dis- uncertainty above and beyond the di- sequestration that will occur at the pute. Not anymore. Last month, the rect impacts that CBO has incor- end of the year, a replacement of the Congressional Budget Office gave us porated into its analysis. defense sequester, and actions to pre- the most definitive estimate yet of the So let’s be very clear about what the vent a massive tax increase on the impact of the nearly $1⁄2 trillion of tax fiscal cliff means. We are not talking American people. increases that would hit in 2013 when about a slight slowdown of a few tenths Senate Democrats—who have only combined with the more than $100 bil- of a percent. What we are facing is the recently acknowledged the looming fis- lion of spending cuts that would occur difference between positive growth on cal cliff—are now threatening to go under the sequester I mentioned ear- the one hand—which will mean more over the cliff unless Republicans agree lier. jobs and higher incomes—and a poten- to increasing taxes on America’s small The Congressional Budget Office tial recession on the other hand. We businesses during this difficult eco- projects the combination of the mas- can, and must, provide Americans some nomic period. sive tax increases and the sequester certainty as to what their taxes are Think about that. Senate Democrats will result in real GDP growth in cal- going to be next year. are willing to put our economy at seri- endar year 2013 of only one-half of 1 The House of Representatives has al- ous risk and our national security in percent. Think about that, one-half of 1 ready agreed to hold a vote to extend jeopardy unless Republicans agree to a percent. We are right now growing all of the existing tax rates before the massive tax increase on America’s somewhere—they think—in the range August recess in order to avert the fis- small businesses. of 1.9 percent or 2 percent this year. cal cliff. They are going to act on this The headline from a news story in But next year, the real GDP growth sometime before we go out in August the Washington Post from over the would amount to only 1⁄2 percent. And to extend all of the rates before the end weekend says, ‘‘Democrats Threaten the picture is even bleaker if you con- of the year so there is certainty for To Go Over Fiscal Cliff If GOP Fails To sider that CBO projects that the econ- those who are making economic deci- Raise Taxes.’’ They quote, ‘‘Senior omy will actually have a decrease in sions. Democrats say they are prepared to GDP of 1.3 percent in the first half of Unfortunately, thus far the Senate weather a fiscal event that could 2013. and the Senate Democratic leadership plunge the nation back into recession,’’ So you have the Congressional Budg- has only agreed to hold a vote on a if the New Year arrives without an ac- et Office saying that over the entire plan to raise taxes on nearly 1 million ceptable compromise—which they have year of 2013, the likelihood is we will small businesses. This tax increase on defined to be a major tax increase on grow at one-half a percentage point if individuals earning more than $200,000 small businesses in this country. we don’t address the fiscal cliff. But in a year and families making more than Think about the impact of that and the first half of next year, we actually $250,000 a year will raise taxes on more what that means to people across this see a decrease of 1.3 percent of eco- than half of all income in America country. We have had now, for the last nomic growth. According to CBO, a re- earned by S corporations, sole propri- 3 years, a complete failure in the Sen- duction of 1.3 percent of economic etorships, LLCs, partnerships, and ate to produce a budget. We are now growth in the first half of next year other passthrough businesses that pay faced with this fiscal cliff which con- would ‘‘probably be judged to be a re- their taxes at the individual rates. sists of the sequestration, the across- cession.’’ That is according to the Con- A point of clarification: That applies the-board cuts that would occur early gressional Budget Office, which is the to a lot of mom-and-pop businesses in next year if nothing is done to prevent nonpartisan authoritative referee we this country. We are talking about them, the tax hikes, and we are going use to evaluate the impact of the that restaurant owner, that elec- to reach the debt limit, all threatening spending and debt tax issues. trician, many of whom are organized in our economy in an already anemic re- This morning, the Chairman of the the fashion in which their income flows covery. Federal Reserve Board of Governors, through their individual tax return and It is hard to overstate the magnitude Ben Bernanke, testified before the Sen- they pay at the individual tax rate. of the tax increases that are going to ate Banking Committee, and he said: The Joint Committee on Taxation has hit our economy starting next year if Fiscal decisions should take into account estimated that the number of busi- we don’t act. Over the next 10 years, the fragility of the recovery. That recovery nesses that would be impacted by that this tax increase would result in nearly could be endangered by the confluence of tax is 940,000. So almost 1 million small increases and spending reductions that will $4.5 trillion in new taxes on American take effect early next year if no legislative businesses would see their taxes go up families and entrepreneurs. What does action is taken. The Congressional Budget as a result of the fiscal cliff and tax that mean to the average family in this Office has estimated that if the full range of rates expiring at the end of the year for country? The Heritage Foundation re- tax increases and spending cuts were allowed those individuals who are making more

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So we are ing thing about this debate is that 2 fortunate. talking not just about the small busi- years ago the President of the United I hope folks will walk back from that nesses that are going to be faced with States said that raising taxes would position, walk back from those re- higher taxes, but we are also talking strike a blow to the economy. That was marks, and enter into a discussion about a huge portion of the American at a time when we had 3.1 percent eco- about how we might be able to provide workforce in this country. Twenty-five nomic growth. We now have, as I said, the necessary economic certainty for percent of the employees in this coun- according to the estimates, 1.9 percent our job creators and our small busi- try work for those small businesses economic growth for the first quarter nesses, how we can get people back to that, according to the Joint Committee of this year, and expectations for the work, how we can grow and expand this on Taxation, will see their taxes go up second quarter have already been economy. as a result of the President’s proposal. downgraded. So with 41 straight Frankly, extending the tax rate We essentially have in front of us months of unemployment above 8 per- should only be the first part, the short- term solution. The long-term solution three choices: cent, 23 million Americans under- is to get tax reform, comprehensive tax We can let all the tax rates expire, employed or unemployed, and the reform. People on both sides of the which we know is going to plunge our weakest recovery literally since the aisle agree with that. If we could enter economy back into a recession; we can end of World War II, now is not the into a discussion about how we could do what our Democratic colleagues time to raise taxes. want to do, which is to raise taxes on Who in their right mind would think reform our Tax Code in such a way that it broadens the tax base, lowers the successful small businesses and entre- it would make any sense at all to raise rates, does away with loopholes and de- preneurs, slowing our economy even taxes when you have an economy that ductions, coupled with entitlement re- further and risking—according to the is growing at such an anemic rate, par- form—that we all agree has to be dealt Congressional Budget Office and the ticularly given the fact that 2 years with or we are going to continue to see Chairman of the Federal Reserve ago, when we had more robust eco- the country on a fiscal trajectory that Board—a recession; or, we could do nomic growth, the President said at is completely unsustainable over time, what the House of Representatives will that time that it would strike a blow is going to lead to the situation we see soon pass and what I would suggest, to our economy if we raised taxes. Here many European countries dealing with and that is we can prevent a tax in- we are with economic conditions that today—that is what we ought to be fo- crease from hitting anyone and give are much worse, circumstances that cused on. the lackluster economic recovery at have deteriorated since then, and he is We ought to be providing certainty least a chance to gain some steam. proposing a tax increase on 1 million to our businesses, extending rates at That is what we ought to do. We small businesses that will have a ripple least for now until such time hopefully ought to do what the House of Rep- effect all across our economy and hurt next year when we all agree we need to resentatives is going to do, and that is job creation at a time we cannot afford sit down and solve this tax mess we to extend the rates for a year so that that. have in this country, this Tax Code people in this country have some cer- There was another study, an analysis that has become way too complicated, tainty as to what their tax rate is that came out today done by Ernst & and come up with something that is going to be at the end of the year. Young in which they analyzed the tax more simple, more clear, more fair, and I hope my colleagues here in the Sen- hikes that would occur on small busi- something that makes us more com- ate—and the Senate Democrats in par- ness next year and came to the conclu- petitive in the global marketplace. ticular—will realize the severity of the sion that it would cost 700,000 jobs in Right now, we are losing to a lot of fiscal cliff, and come to the table to our economy, that it would cost us 1.3 countries around the world simply be- prevent this massive tax increase and percent of economic growth—which is cause we have a tax code that makes the unbalanced and troubling cuts that again consistent with what the Con- American businesses noncompetitive in will occur to our national security if gressional Budget Office has said—and the international marketplace. we don’t take steps to avert this fiscal that it would reduce wages to people in Tax reform, entitlement reform, a cliff. this country by 2 percent. comprehensive energy policy, regu- We have to prevent the dangerous So you now have the Ernst & Young latory reform—it is not that hard to fix cuts to our national defense that are study out there which suggests that this if we have the will, the political scheduled to go into effect under se- not only does this impact the small will to do it. But we cannot start by questration by finding savings else- businesses out there that are going to saying to small businesses in this coun- where in the budget. In order to do see their taxes go up, but it puts at try that we are going to raise your that, we need a detailed plan from the risk and in jeopardy jobs for hard- taxes next year, run the risk of plung- administration as to how they plan to working Americans and a wage base ing the country into a recession and in- implement the sequester. that would actually shrink if, in fact, creasing the number of people in this Members of Congress on both sides of we drive the car over this fiscal cliff. country who are unemployed. the aisle have called for more trans- We cannot afford to do that. It is ir- That is the exact wrong prescription. parency on the sequester from this ad- responsible to have people out there We ought to be providing certainty, ex- ministration, but they have so far saying that they are so anxious to tending the rates, and getting into a failed to produce a plan. That is simply prove some point or to win some argu- discussion and hopefully action on leg- unacceptable. I will continue to work ment on raising taxes that they are islation that would reform the Amer- to see that a requirement be enacted so willing to see this country run the risk ican Tax Code to make us more com- the administration will finally be of plunging into a recession and raising petitive in the world, do away with the transparent with the American people the number of people who are unem- costly, overreaching, excessive, and and give all Members of Congress a ployed in this country. It really is. burdensome regulations that are mak- clear idea as to where the cuts are I have to say that when I saw some of ing it more difficult and more expen- going to be applied. the remarks and some of these stories sive to do business in this country; an Our economy is weak. We know that and some of the reporting about state- energy plan that makes sense, that re- growth in the first quarter was a mere ments that are being made by our col- lies upon American sources of energy; 1.9 percent. Expectations for the second leagues on the other side and Members and a spending plan, a budget—some- quarter have been downgraded. We of their staff with regard to the fiscal thing the Senate has not done now for have witnessed now for 41 straight cliff and the willingness on the part of 3 years, an actual budget. Lo and be- months unemployment above 8 per- many of our colleagues to suggest that hold, go figure that we could actually

VerDate Mar 15 2010 00:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.052 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5081 do a budget in this country that puts speak. There are still some at the risk tion policy is lawful and appropriate. us on a more sustainable fiscal path by of deportation. Throughout history, all governments— reforming entitlement programs, that That is why the Obama administra- and our Federal Government—have had will actually save Social Security and tion decision a few weeks ago to stop to decide whom to prosecute and not to Medicare for future generations of the deportation of young people who prosecute. It is called prosecutorial Americans. That is the long-term pre- would be eligible for the DREAM Act discretion. It is based on law enforce- scription for what ails America. But was the right thing to do. The adminis- ment priorities and resources. Every certainly in the short term it makes tration says we will allow these immi- administration, Democratic and Re- matters much, much worse when we grant students to apply for a form of publican, has stopped deportations of talk about piling a tax increase on the relief known as deferred action that low-priority cases, as they should. very people we are looking to, to create puts their deportations on hold and al- Just last month, the Supreme Court jobs and get this economy back on lows them, on a temporary renewable reaffirmed that the Federal Govern- track. basis to live and work legally in Amer- ment has broad authority to decide I hope this Congress will come to its ica. I strongly, strongly support this whom to deport. Justice Anthony Ken- senses about this and that we will vote decision. I think it was a humane deci- nedy, appointed by George H.W. Bush, down any proposal that would raise sion by the President of the United wrote the opinion for the Court. This is taxes on hard-working small businesses States on behalf of these young people. what he said: and entrepreneurs in this country and When the history of the civil rights A principal feature of the removal system instead give them the certainty they era we have lived through since the is the broad discretion exercised by immigra- need for the months ahead, until such 1960s is written, this will be an impor- tion officials . . . Discretion in the enforce- time as we can deal with the issue of tant chapter. The administration’s de- ment of immigration law embraces imme- tax reform. portation policy has strong bipartisan diate human concerns. Unauthorized workers I yield the floor. I suggest the ab- support. It was 2 years ago that Repub- trying to support their families, for example, likely pose less danger than alien smugglers sence of a quorum. lican Senator RICHARD LUGAR of Indi- or aliens who commit a serious crime. The PRESIDING OFFICER. The ana joined me in a letter to the Presi- clerk will call the roll. dent asking me to do this. Last year, The administration’s policy is not The assistant legislative clerk pro- Senator LUGAR joined me, along with just legal, it is realistic and smart. ceeded to call the roll. 22 other Senators, to sign a letter to Today there are millions of undocu- Mr. DURBIN. Mr. President, I ask the President asking the same thing, mented immigrants in the United unanimous consent that the order for and what do the American people think States. It is physically and literally the quorum call be rescinded. about President Obama’s decision on impossible to deport them. So the De- The PRESIDING OFFICER. Without the DREAM Act students? It turns out partment of Homeland Security has to objection, it is so ordered. that 64 percent of likely voters—in- decide priorities. Shouldn’t the highest Mr. DURBIN. Mr. President, I ask cluding 66 percent of Independents— priority be to deport those who are consent to speak as in morning busi- support the policy, compared to 30 per- most dangerous to the United States? I ness. cent who oppose it. think even the Senator from Iowa The PRESIDING OFFICER. Without Earlier, my colleague and friend from would have to concede that point. The objection, it is so ordered. Iowa Senator GRASSLEY gave a speech Obama administration has made that THE DREAM ACT on the Senate floor about this decision its priority. Mr. DURBIN. Mr. President, 11 years by the President. At one point in time, Senator GRASSLEY calls the adminis- ago I introduced the DREAM Act to Senator GRASSLEY was a cosponsor of tration’s deportation policy an am- allow a select group of immigrant stu- the DREAM Act. We wouldn’t know it nesty. That is not right. The DREAM dents with great potential to con- from his speech today. He has changed Act students will not receive perma- tribute more fully to America. The his position on this bill just like so nent legal status or citizenship under DREAM Act said that in order to qual- many other Republicans. Let me take a the President’s policy. They have tem- ify, they had to earn their way to a few minutes to respond to his specific porary renewable legal status. It is legal status and they had to have come points. temporary renewable legal status. to the United States as children, be He claimed the President’s policy to During his speech, Senator GRASSLEY long-term U.S. residents, have good not deport the DREAM Act students is read a quote from an interview the moral character, graduate from high going to hurt the American economy. I President gave last year to support his school, and agree to serve in our mili- couldn’t disagree more. Granting de- claim that the President had changed tary or at least complete 2 years of col- ferred action of DREAM Act students his position on the DREAM Act, but he lege. will make us a stronger country giving only read part of the quote. Here is These young people literally came to these talented immigrants a chance to what Senator GRASSLEY read: the United States as infants and chil- be part of America and its future. This notion that somehow I can just dren. They grew up in this country. Studies have found DREAM Act stu- change the law unilaterally is just not true They went to school with our kids. dents can contribute literally trillions . . . the fact of the matter is there are laws They are the valedictorians, the ath- of dollars to the U.S. economy given a on the books that I have to enforce. And I letes, and even the ROTC leaders in chance to be a part of it. We are not think there’s been a great disservice done to the cause of getting the DREAM Act passed schools across America. They did not talking about importing new foreign and getting comprehensive immigration make the decision to come here; they workers into the United States to com- passed by perpetuating the notion that were just kids. Their parents made the pete with Americans, we are talking somehow, by myself, I can go and do these decision. As Homeland Security Sec- about taking young people who are things. It’s just not true. retary Janet Napolitano said, immi- educated in our schools at our expense, That is what Senator GRASSLEY read. grants who were brought here illegally trained and ready to give something to Here is the rest of the quote. as children ‘‘lacked the intent to vio- America and giving them a chance. What we can do is prioritize enforcement— late the law.’’ It is not the American They are going to be tomorrow’s doc- since there are limited enforcement re- way anyway to punish children for the tors, engineers, teachers, and nurses. sources—and say, we’re not going to go chas- wrongdoing of their parents. We shouldn’t squander their talents ing after this young man or anybody else I am going to continue to work on and all the years we invested in edu- who has been acting responsibly, and would this DREAM Act. It has been 11 years. cating them by deporting them at this otherwise qualify for legal status if the I will work on it as long as I have to to important point in their lives. DREAM Act passed. get it done; it is that important. But Senator GRASSLEY said President That is what the President said. I the young people who are eligible, who Obama ‘‘circumvented Congress to sig- wish Senator GRASSLEY had read that would be eligible for it, cannot wait nificantly change the law all by him- in the RECORD. The President has done any longer. Many have already been de- self.’’ With all due respect, I don’t what he has the authority to do as our ported to countries they never remem- think that is how it happened. The Chief Executive Officer to exercise bered and with languages they do not Obama administration’s new deporta- prosecutorial discretion.

VerDate Mar 15 2010 00:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.053 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5082 CONGRESSIONAL RECORD — SENATE July 17, 2012 I personally discussed this with Sec- babysitting to help pay for tuition. She ADDITIONAL STATEMENTS retary Napolitano. She has assured me graduated from UCLA with a major in that the Department of Homeland Se- sociology and a minor in public policy. curity is going to follow the Presi- She was the first member of her family RECOGNIZING THOMPSON- dent’s lead but is going to have strict to graduate from college. She was de- MARKWARD HALL enforcement of fraud. If any young per- termined to achieve her dream of be- ∑ Mr. CONRAD. Mr. President, I am son commits fraud in this process, coming an architect. She enrolled in there will be a price to be paid. Senator pleased to honor the 125th Anniversary the Master of Architecture Program at of Thompson-Markward Hall, which GRASSLEY should know that, and he UCLA. She was the only Latino stu- was formerly known as the Young shouldn’t question it absent evidence dent in the program. She struggled fi- to the contrary. Women’s Christian Home. Many young nancially. At the time, she had to eat women working as interns or beginning I might say it is sad we have reached at the UCLA food bank. Because she this point that so few Republicans staffers, including many from my of- couldn’t afford housing near the cam- would stand for these young people. fice throughout the years, have found a pus, she spent many nights in a sleep- safe place to live and meet friends as There was a time when Senator HATCH ing bag on the floor of the school’s was the lead sponsor in this bill, and I they establish their professional ca- was begging him to cosponsor it. Then printing room. reers. The Thompson-Markward Hall, it reached a point where he only voted Last year, Maria received her mas- located across from the Hart Senate for it, and then it reached a point ter’s degree in architecture and urban Office Building on Capitol Hill, pro- where he voted against it. design. She said: vides a valuable service to young Senator GRASSLEY has voted for this women working in Washington and our bill in the past too. In 2006, when the I grew up believing in the American dream Congressional community. Its remark- and I worked hard to earn my place in the Republicans lost control of Congress, able story is one very much worth country that nurtured and educated me. . . . sharing. the DREAM Act passed the Senate out Like the thousands of other undocumented of an amendment to the comprehensive In 1833, Mrs. Mary G. Wilkinson rec- students and graduates across America, I am ognized the need in the District of Co- immigration bill 62 to 36. There were 23 looking for one thing, and one thing only: Republicans who voted for it. Unfortu- the opportunity to give back to my commu- lumbia for suitable lodging for young nately, the Republican leaders in the nity, my state, and the country that is my ladies of good character and meager House refused to take up that bill in home, the United States. means. She vowed that there should 2006. Republican support for the someday be a home for young women I ask my colleagues who are critical DREAM Act has diminished over the coming alone to Washington seeking of the DREAM Act and President years. I have to say I noted the lack of employment, where they could be pro- Obama’s new policy: Would you prefer volume and firepower in criticizing the tected and cared for until they became that we deport Maria Gomez back to President on this DREAM Act decision. established in the community. She I think many of our Republican col- Mexico at this point in her life, a coun- began what developed into the Young leagues realized the American people try that she has not lived in since she Woman’s Christian Home by housing do support this two to one, and it is the was a small child? She grew up here. two such young women in her home. right thing to do. She has overcome amazing odds to be- In 1887, the Young Woman’s Christian I am going to do what I have done on come successful. This determined Home was chartered by Congress and 48 other occasions and try to make this young woman can make America a bet- incorporated ‘‘to provide a temporary DREAM Act discussion more than an ter nation. home for young women coming to and abstract conversation. I wish to make Thanks to President Obama’s new being in the District of Columbia, who sure people understand who is involved policy, Maria is going to be able to shall, from any cause, be in want of in these decision processes. work. I hope she will be able to get a li- and willing to accept temporary home, This is a photograph of Maria Gomez. cense as an architect in her State. A care and assistance . . .’’ By 1890, the Home was receiving an annual appro- Her parents brought her from Mexico future President could change this pol- priation of $1,000 from Congress. to Los Angeles when she was 8 years icy so Maria’s future is still in doubt Over the years, the Young Woman’s old. She started school in the third because we haven’t enacted the Christian Home underwent renovations grade with English as a second lan- DREAM Act. Maria is not the only one. and changed locations. In 1931, Mrs. guage. By the time she was in sixth There are tens of thousands similar to Flora Markward Thompson, a devoted grade, 3 years later, she was an honor her. student. Life Member of the Board of Trustees, In middle school, Maria discovered The DREAM Act would give Maria, passed away, leaving instructions for art and architecture. She began her and others similar to her, the oppor- the executors of her estate to establish dream of becoming an architect. In tunity to be our future architects, en- a suitable memorial to her mother and high school, Maria was active in com- gineers, teachers, doctors, and soldiers. her husband. The executors decided munity service and extracurricular ac- Today, I again ask my colleagues to that the most suitable memorial could tivities, captain of the school spirit support the DREAM Act. The Presi- be entrusted to the Young Woman’s squad, president of the garden club, dent’s new deportation policy is a step Christian Home. The Home then be- and a member of the California Schol- in the right direction, but ultimately it came known as Thompson-Markward arship Federation. She graduated 10th is our responsibility. He has done his Hall now most commonly known as TMH—to perpetually remember Mrs. in her class with a 3.9-grade point aver- part. We need to pass this humane and Thompson’s generous gift. age. thoughtful bill and give people such as Maria was accepted by every college Despite the many changes through- Maria Gomez a chance to make Amer- she applied to. Her dream was to at- out the years, the original spirit and ica a better place to live. tend UC Berkeley, the only State col- mission of the founders and early bene- lege in California that offers architec- factors remain. Today, TMH continues ture to undergraduate students, but f to be a ‘‘home away from home’’ for 120 she couldn’t afford it. Maria, and the young women in Washington for work other DREAM Act students, are not el- MORNING BUSINESS or school. igible for any Federal assistance to go As TMH celebrates the 125th anniver- Mr. DURBIN. Mr. President, I ask to school. Instead, she decided to live sary of its Congressional charter, its unanimous consent that the Senate at home and to attend UCLA. She was roots are strong and the devotion to its proceed to a period of morning busi- a commuter student. She rode the bus founder’s mission remains firm and ness, with Senators permitted to speak to and from UCLA, 21⁄2 hours each way constant. I ask the United States Sen- each day. therein up to 10 minutes each. ate to join me in congratulating While she was a full-time student, The PRESIDING OFFICER. Without Thompson-Markward Hall on this im- she worked to clean houses and did objection, it is so ordered. portant milestone.∑

VerDate Mar 15 2010 00:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.055 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5083 CONGRATULATING MASSACHU- secret that without team members who ized. Fortunately, Adeline is recov- SETTS GENERAL HOSPITAL are constantly looking for the next ering rapidly. ∑ Mr. KERRY. Mr. President, today I breakthrough in medicine and a better There are no words to describe the can finally congratulate everyone at way to care for patients, tomorrow’s grief this family has suffered due to the Massachusetts General Hospital, MGH, innovations would not be possible. heartbreaking events that unfolded on a special and well-deserved distinc- It is even more of a testament to the over such a short period of time. The tion long in the making: MGH has been power of MGH’s work that they have loss is felt not just by the Juneby fam- named America’s Best Hospital by U.S. become the Nation’s best hospital in a ily, but by the entire Alaska Native News & World Report. State with near universal health cov- community. Our State may be small in I say ‘‘finally’’ because I have been erage. We now have the best health population, but it is large in commu- patiently keeping my promise not to care coverage rate in the Nation with nity spirit. I think I can safely say the publicly share the news now these last 98.1 percent of residents having health entire State of Alaska is touched by 6 days since Dr. Slavin called me to insurance, including 99.8 percent of all this tragedy. pass along the great news in advance. children. I would like to say a few words about Now he has confirmation that in a We must continue to raise the bar as Isaac Juneby, whose loss will have a Washington, DC, full of leaks, there is we implement the Affordable Care Act lasting impact not only to the village at least one U.S. Senator who still and provide this guarantee of coverage of Eagle, but across the entire Native knows how to keep a secret. nationwide. MGH should serve as a community. Isaac was one of the few Today’s public announcement con- model to all hospitals across the coun- remaining speakers of Han, an endan- firms what all of us in Massachusetts try that you can provide universal cov- gered northern Athabascan language have always known—that if you need erage while still providing the highest with only about a handful of remaining to find first-rate care for a loved one quality care to your patients. I know speakers left in Alaska and the Yukon, with a serious and complicated condi- MGH will remain at the top of this list a territory of Canada. He was a man tion, then you go to the Massachusetts for years to come because they have that everyone seemed to know and General Hospital. It comes as no sur- proven that covering more patients and love. Isaac had an almost tangible joy prise to us that this revered Massachu- providing quality outcomes are not about him that drew people in and en- setts institution would hold the honor mutually exclusive goals. deared him to many. His nickname of best hospital in the Nation. There is much celebrating to be done ‘‘the Senator’’ was well earned. Isaac Today’s announcement is one two in Boston, but there is still much more was always quick with a joke and had centuries in the making. It started work to be done to improve the health an infectious smile that made everyone with the dream of Rev. John Bartlett, of all Americans. I am convinced that around him happy. But most of all he who in 1810 wanted to establish a state- MGH and our other great institutions loved life and his people. of-the-art medical facility for the phys- in Massachusetts will continue to meet Isaac was incredibly proud of his ically and mentally ill which would the challenge by setting the standard family and his heritage. He exemplified train the Nation’s finest doctors. That for delivering the highest quality a man who could easily navigate both dream was carried by Drs. James Jack- health care. I congratulate Dr. Peter worlds: the traditional and the modern. son and John Collins Warren, who ad- Slavin, Dr. David Torchiana, and ev- He had an easygoing and friendly man- vocated in the Massachusetts Legisla- eryone who works at MGH for their ef- ner that won him many lifelong ture for a charter and collected dona- forts in making this hospital the best friends, but he also had a disciplined tions as small as 25 cents and as large in the Nation and, I believe, the best in and serious side. Isaac was an accom- as $20,000 to make the dream a reality. the world.∑ plished man who earned a bachelor’s Finally, in 1821, the institution cur- f degree in rural development from the rently known as Mass General opened University of Alaska in 1987. He wrote REMEMBERING THE LIVES OF HAN its doors to patients and became the poetry, published books and recorded BROTHER AND SISTER first teaching hospital of Harvard Med- language lessons in Han Gwich’in ical School. ∑ Ms. MURKOWSKI. Mr. President, it Athabascan to preserve the dialect for Since then, MGH has been providing is with a heavy heart that I come be- future generations. Isaac and Sandi, cutting-edge care to patients from all fore you today to share the news of a his best friend and wife of 35 years, over the world. It was the home to profound tragedy and loss of two Alas- were planning to move to Fairbanks so many firsts: the first public demonstra- ka Native siblings. Isaac Juneby, a Isaac could complete a master’s degree tion of surgical anesthesia, the identi- military veteran and former Chief of in ethnology. He wanted to learn more fication of appendicitis, the establish- Eagle, a Han Gwich’in Village in Alas- about the Han. ment of the first medical social serv- ka close to the Canadian border, and Over the years Isaac held a number of ice, and the first replantation of a sev- his sister Ellen Juneby Rada, who died important positions for Native organi- ered arm by a surgical team. as a result of domestic violence, were zations, the State, and the Federal But more than firsts, Mass General both laid to rest and their lives hon- Government and remained a resident of has provided a place of hope for all ored and celebrated with a potlatch in Eagle Village even through the very those who needed help. It is the em- Eagle Village, July 11, 2012. challenging times, like during the dis- ployees of MGH who have made this Ellen Florence Juneby Rada, 58 years aster of 2008, when a major flood dev- possible from generation to generation. old, was the mother of two grown sons. astated the community. Isaac was also I have seen on my visits to the hospital She was found beaten, seriously injured instrumental in completing the essen- that it is the people—the nurses, doc- and unconscious in a homeless camp in tial paperwork that helped Eagle Vil- tors, orderlies, administrators, secu- Fairbanks and was transported to the lage become the first IRA village in rity guards, and medical students—who Alaska Native Medical Center for Alaska, one with a federally recognized make MGH the Nation’s best. treatment. Ellen was taken off life sup- tribal government. I know firsthand of MGH’s excep- port on July 2 and passed away on Sun- People will remember Isaac not only tional work particularly well from two day, July 8. for his good humor but for his great people whose insights mean the world Isaac Juneby was born on July 9, strength and determination. Isaac was to me: my wife Teresa, who has been a 1941, in Eagle Village. He had traveled proud to celebrate over 25 years of so- patient at MGH as she was treated for to Anchorage from Eagle to hold vigil briety and was known to say that it breast cancer, and through my daugh- at the bedside of his comatose sister was God who freed him from alcohol. ter Vanessa, who has made MGH her and died in an automobile accident on The Rev. Scott Fisher, pastor at St. home as a doctor. Both have shared July 1, 2012. Following Isaac’s sudden Matthew’s Episcopal Church got it story after story not just about first- accidental death another Juneby sib- right when he said ‘‘Isaac was the last rate care but about deeply caring doc- ling, Adeline Juneby Potts, flew to An- of the good guys. There was a strength tors and nurses and skilled profes- chorage from Minnesota to join her and a gentleness running through him. sionals who always put patients first. family and due to emotional stress suf- He knew what was right and what was That is the heart of MGH, and it is no fered a heart attack and was hospital- wrong. He was not a cardboard saint.

VerDate Mar 15 2010 00:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.001 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5084 CONGRESSIONAL RECORD — SENATE July 17, 2012 He was real. He had a rock solid core of early in the morning or they may be ister for publication stating that the wisdom in him.’’ the majestic words of William Whiting, national emergency and related meas- Isaac’s humor and his positive out- who wrote this hymn: ures dealing with the former Liberian look on life served as an inspiration to Eternal Father, strong to save, regime of Charles Taylor are to con- so many who had the honor and privi- Whose arm hath bound the restless wave, tinue in effect beyond July 22, 2012. lege to know him. With the passing of Who bidd’st the mighty ocean deep Although Liberia has made advances Isaac Juneby, Alaska has lost a beloved Its own appointed limits keep; to promote democracy, and the Special Native elder and chief, a father, a cul- Oh, hear us when we cry to Thee, Court for Sierra Leone recently con- ture bearer, a brother, an honored For those in peril on the sea victed Charles Taylor for war crimes Most Holy Spirit! Who didst brood Army veteran, a husband, an inspira- Upon the chaos dark and rude, and crimes against humanity, the ac- tional man, an uncle, and a good And bid its angry tumult cease, tions and policies of former Liberian friend. On this day I ask that we honor And give, for wild confusion, peace; President Charles Taylor and other the lives of an extraordinary family Oh, hear us when we cry to Thee, persons, in particular their unlawful and remember them during this time of For those in peril on the sea! depletion of Liberian resources and such profound loss.∑ With apologies to the author and per- their removal from Liberia and secret- f haps to those who know this hymn ing of Liberian funds and property, could still challenge Liberia’s efforts COMMISSIONING OF THE USS well, I have attempted to pen an extra to strengthen its democracy and the ‘‘MISSISSIPPI’’ verse: orderly development of its political, ∑ From Pascagoula’s shores we send Mr. WICKER. Mr. President, on Sat- The finest sailors known to men, administrative, and economic institu- urday, June 2, 2012, I was present at the Proud Mississippi’s name they bear; tions and resources. These actions and commissioning of the USS Mississippi Lord, bless and keep them free from care, policies continue to pose an unusual in Pascagoula, MS. The USS Mississippi Protect them when they call to Thee, and extraordinary threat to the foreign is a Virginia class submarine, part of Our sons and daughters now at sea. policy of the United States. For this the ‘‘next generation’’ of attack subs. Congratulations to Captain McGrath reason, I have determined that it is The submarine was constructed by and his Commissioning Crew, God bless necessary to continue the national General Dynamics Electric Boat in the United States, and God bless those emergency with respect to the former Groton, CT, as well as Newport News who will serve on the USS Mississippi.∑ Liberian regime of Charles Taylor. Shipbuilding, a division of Huntington f BARACK OBAMA. Ingalls in Newport News, VA THE WHITE HOUSE, July 17, 2012. MESSAGES FROM THE PRESIDENT This is a mighty submarine that f bears a mighty proud name. The citi- Messages from the President of the MEASURES READ THE FIRST TIME zens of the state of Mississippi enthu- United States were communicated to siastically embrace the fifth Navy ves- the Senate by Mr. Pate, one of his sec- The following bill was read the first sel in our Republic’s history that bears retaries. time: the name USS Mississippi. The naming f S. 3393. A bill to amend the Internal Rev- of the submarine as USS Mississippi enue Code of 1986 to provide tax relief to recognizes our State’s long-standing EXECUTIVE MESSAGES REFERRED middle-class families. tradition of shipbuilding in support of As in executive session the Presiding f our Nation’s defense. It also honors the Officer laid before the Senate messages REPORTS OF COMMITTEES spirit of the people of Mississippi who from the President of the United The following reports of committees have made great strides in recovering States submitting sundry nominations were submitted: from the devastation of Hurricane which were referred to the appropriate Katrina. committees. By Mrs. BOXER, from the Committee on It is appropriate that this ship was (The messages received today are Environment and Public Works, without completed a full year ahead of sched- amendment: printed at the end of the Senate pro- S. 1201. A bill to conserve fish and aquatic ule. Mississippians have always been ceedings.) early to step forward in the service of communities in the United States through f partnerships that foster fish habitat con- their country. It is a fact that volun- servation, to improve the quality of life for teers from our State have always been REPORT RELATIVE TO THE CON- the people of the United States, and for known to step forward quickly and ea- TINUATION OF THE NATIONAL other purposes (Rept. No. 112–187). gerly to serve their country. So for EMERGENCY WITH RESPECT TO S. 1324. A bill to amend the Lacey Act many the words USS Mississippi will THE FORMER LIBERIAN REGIME Amendments of 1981 to prohibit the importa- stand for patriotism and readiness. OF CHARLES TAYLOR THAT WAS tion, exportation, transportation, and sale, For those who remember Katrina and ESTABLISHED IN EXECUTIVE receipt, acquisition, or purchase in inter- Deep Water Horizon, the words USS state or foreign commerce, of any live ani- ORDER 13348 ON JULY 22, 2004—PM mal of any prohibited wildlife species, and Mississippi may mean ‘‘resilience’’ or 56 for other purposes (Rept. No. 112–188). ‘‘quiet resolve.’’ Within the ranks of The PRESIDING OFFICER laid be- the U.S. Navy, USS Mississippi will be f fore the Senate the following message associated with the words ‘‘state-of- INTRODUCTION OF BILLS AND from the President of the United the-art,’’ the best in the world. For JOINT RESOLUTIONS States, together with an accompanying them, that is what USS Mississippi will report; which was referred to the Com- The following bills and joint resolu- mean. And for the Ship’s Sponsor Alli- mittee on Banking, Housing, and tions were introduced, read the first son Stiller, she will think of the word Urban Affairs: and second times by unanimous con- ‘‘tenacity.’’ And no doubt our adver- sent, and referred as indicated: saries, wherever they may be, will hear To the Congress of the United States: By Mr. KOHL (for himself, Mr. COONS, the words USS Mississippi and think Section 202(d) of the National Emer- and Mr. WHITEHOUSE): ‘‘strength’’ and perhaps they will think gencies Act (50 U.S.C. 1622(d)) provides S. 3389. A bill to modify chapter 90 of title the word ‘‘freedom.’’ for the automatic termination of a na- 18, United States Code, to provide Federal ju- Within the borders of this traditional tional emergency unless, within 90 risdiction for theft of trade secrets; to the ‘‘Bible Belt’’ state, we will think about days prior to the anniversary date of Committee on the Judiciary. our Founding Father’s reliance on Al- its declaration, the President publishes By Mr. RUBIO (for himself and Mr. mighty God. I can assure CPT John in the Federal Register and transmits to NELSON of Florida): McGrath, his Commissioning Crew, and the Congress a notice stating that the S. 3390. A bill to direct the Secretary of Agriculture to convey to Miami-Dade Coun- those who will serve on this submarine emergency is to continue in effect be- ty certain Federal land in the State of Flor- that you will be prayed for each and yond the anniversary date. In accord- ida for the purpose of building a fire station; every day. These prayers may be a ance with this provision, I have sent to the Committee on Agriculture, Nutrition, quiet whispered prayer at night or the enclosed notice to the Federal Reg- and Forestry.

VerDate Mar 15 2010 01:09 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JY6.003 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 17, 2012 CONGRESSIONAL RECORD — SENATE S5085 By Ms. KLOBUCHAR (for herself, Mrs. S. 1863 dures for requests from Indian tribes SHAHEEN, and Mr. BOOZMAN): At the request of Mr. MENENDEZ, the for a major disaster or emergency dec- S. 3391. A bill to amend section 353 of the name of the Senator from Connecticut laration, and for other purposes. Public Health Service Act with respect to (Mr. BLUMENTHAL) was added as a co- suspension, revocation, and limitation of S. 2347 laboratory certification; to the Committee sponsor of S. 1863, a bill to amend the At the request of Mr. CARDIN, the on Health, Education, Labor, and Pensions. Internal Revenue Code of 1986 to en- names of the Senator from North Caro- By Mr. BROWN of Ohio (for himself, courage alternative energy invest- lina (Mr. BURR) and the Senator from Mr. SANDERS, Mr. HARKIN, Mr. WHITE- ments and job creation. Alaska (Mr. BEGICH) were added as co- HOUSE, Mr. BLUMENTHAL, Mr. ROCKE- S. 1872 sponsors of S. 2347, a bill to amend title FELLER, and Mrs. MCCASKILL): At the request of Mr. CASEY, the XVIII of the Social Security Act to en- S. 3392. A bill to amend the Securities Ex- change Act of 1934, to require the disclosure name of the Senator from North Caro- sure the continued access of Medicare of the total number of the domestic and for- lina (Mrs. HAGAN) was added as a co- beneficiaries to diagnostic imaging eign employers of issuers; to the Committee sponsor of S. 1872, a bill to amend the services. on Banking, Housing, and Urban Affairs. Internal Revenue Code of 1986 to pro- S. 3085 By Mr. REID: vide for the tax treatment of ABLE ac- At the request of Mr. MENENDEZ, the S. 3393. A bill to amend the Internal Rev- counts established under State pro- name of the Senator from New York enue Code of 1986 to provide tax relief to grams for the care of family members (Mrs. GILLIBRAND) was added as a co- middle-class families; read the first time. with disabilities, and for other pur- By Mr. JOHNSON of South Dakota (for sponsor of S. 3085, a bill to provide for poses. himself, Mr. SHELBY, Mr. BROWN of the expansion of affordable refinancing Ohio, Mr. JOHANNS, Mrs. MCCASKILL, S. 1880 of mortgages held by the Federal Na- Mr. CRAPO, Mr. TESTER, and Mrs. At the request of Mr. BARRASSO, the tional Mortgage Association and the HAGAN): name of the Senator from North Caro- Federal Home Loan Mortgage Corpora- S. 3394. A bill to address fee disclosure re- lina (Mr. BURR) was added as a cospon- tion. quirements under the Electronic Fund sor of S. 1880, a bill to repeal the health S. 3203 Transfer Act, to amend the Federal Deposit care law’s job-killing health insurance Insurance Act with respect to information At the request of Mr. LAUTENBERG, provided to the Bureau of Consumer Finan- tax. the name of the Senator from Mary- cial Protection, and for other purposes; to S. 1935 land (Ms. MIKULSKI) was added as a co- the Committee on Banking, Housing, and At the request of Mrs. HAGAN, the sponsor of S. 3203, a bill to amend title Urban Affairs. name of the Senator from New Mexico 10, United States Code, to limit in- By Mr. MERKLEY: (Mr. UDALL) was added as a cosponsor creases in the certain costs of health S. 3395. A bill to amend the Federal Crop of S. 1935, a bill to require the Sec- Insurance Act to extend certain supple- care services under the health care pro- mental agricultural disaster assistance pro- retary of the Treasury to mint coins in grams of the Department of Defense, grams; to the Committee on Agriculture, Nu- recognition and celebration of the 75th and for other purposes. trition, and Forestry. anniversary of the establishment of the S. 3204 March of Dimes Foundation. f At the request of Mr. JOHANNS, the S. 2078 names of the Senator from North Caro- ADDITIONAL COSPONSORS At the request of Mr. NELSON of Flor- lina (Mrs. HAGAN), the Senator from S. 17 ida, his name was added as a cosponsor Massachusetts (Mr. KERRY), the Sen- At the request of Mr. HATCH, the of S. 2078, a bill to enable Federal and ator from Delaware (Mr. COONS) and names of the Senator from Arizona State chartered banks and thrifts to the Senator from North Dakota (Mr. (Mr. KYL), the Senator from South Da- meet the credit needs of the Nation’s HOEVEN) were added as cosponsors of S. kota (Mr. THUNE) and the Senator from home builders, and to provide liquidity 3204, a bill to address fee disclosure re- Arkansas (Mr. BOOZMAN) were added as and ensure stable credit for meeting quirements under the Electronic Fund cosponsors of S. 17, a bill to repeal the the Nation’s need for new homes. Transfer Act, and for other purposes. job-killing tax on medical devices to S. 2173 S. 3318 ensure continued access to life-saving At the request of Mr. DEMINT, the At the request of Mrs. BOXER, the medical devices for patients and main- name of the Senator from Arkansas name of the Senator from West Vir- tain the standing of United States as (Mr. BOOZMAN) was added as a cospon- ginia (Mr. ROCKEFELLER) was added as the world leader in medical device in- sor of S. 2173, a bill to preserve and pro- a cosponsor of S. 3318, a bill to amend novation. tect the free choice of individual em- title 38, United States Code, to prohibit S. 202 ployees to form, join, or assist labor or- the use of the phrases GI Bill and Post- At the request of Mr. PAUL, the name ganizations, or to refrain from such ac- 9/11 GI Bill to give a false impression of of the Senator from South Carolina tivities. approval or endorsement by the De- (Mr. GRAHAM) was added as a cosponsor S. 2205 partment of Veterans Affairs, and for of S. 202, a bill to require a full audit of At the request of Mr. MORAN, the other purposes. the Board of Governors of the Federal name of the Senator from Oklahoma S. 3319 Reserve System and the Federal re- (Mr. INHOFE) was added as a cosponsor At the request of Ms. KLOBUCHAR, the serve banks by the Comptroller Gen- of S. 2205, a bill to prohibit funding to name of the Senator from Michigan eral of the United States before the end negotiate a United Nations Arms Trade (Ms. STABENOW) was added as a cospon- of 2012, and for other purposes. Treaty that restricts the Second sor of S. 3319, a bill to amend the Na- S. 362 Amendment rights of United States tional Trails System Act to revise the At the request of Mr. WHITEHOUSE, citizens. route of the North Country National the name of the Senator from Virginia S. 2234 Scenic Trail in northeastern Minnesota (Mr. WEBB) was added as a cosponsor of At the request of Mr. BLUMENTHAL, to include existing hiking trails along S. 362, a bill to amend the Public the name of the Senator from Mary- the north shore of Lake Superior, in Health Service Act to provide for a land (Ms. MIKULSKI) was added as a co- the Superior National Forest, and in Pancreatic Cancer Initiative, and for sponsor of S. 2234, a bill to prevent the Chippewa National Forest, and for other purposes. human trafficking in government con- other purposes. S. 1372 tracting. S. 3365 At the request of Mr. REED, the name S. 2283 At the request of Mr. KOHL, the name of the Senator from Maine (Ms. COL- At the request of Mr. TESTER, the of the Senator from Hawaii (Mr. LINS) was added as a cosponsor of S. name of the Senator from New Mexico AKAKA) was added as a cosponsor of S. 1372, a bill to amend the Elementary (Mr. UDALL) was added as a cosponsor 3365, a bill to authorize the Attorney and Secondary Education Act of 1965 of S. 2283, a bill to amend the Robert T. General to award grants to State regarding environmental education, Stafford Disaster Relief and Emer- courts to develop and implement State and for other purposes. gency Assistance Act to include proce- court interpreter programs.

VerDate Mar 15 2010 00:21 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JY6.012 S17JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S5086 CONGRESSIONAL RECORD — SENATE July 17, 2012 S. 3369 STATEMENTS ON INTRODUCED Today, companies that fall victim to At the request of Mr. WHITEHOUSE, BILLS AND JOINT RESOLUTIONS economic espionage and trade secret the name of the Senator from Cali- By Mr. KOHL (for himself, Mr. theft often can only bring civil actions fornia (Mrs. BOXER) was added as a co- COONS, and Mr. WHITEHOUSE): in State court, under a patchwork of sponsor of S. 3369, a bill to amend the S. 3389. A bill to modify chapter 90 of State laws, to stop the harm or seek Federal Election Campaign Act of 1971 title 18, United States Code, to provide compensation for losses. While State to provide for additional disclosure re- Federal jurisdiction for theft of trade courts may be a suitable venue in some quirements for corporations, labor or- secrets; to the Committee on the Judi- cases, major trade secret cases will ganizations, Super PACs and other en- ciary. often require tools available more tities, and for other purposes. Mr. KOHL. Mr. President, I rise readily in Federal court, such as na- S. 3372 today to introduce the Protecting tionwide service of process for sub- At the request of Mr. WEBB, the name American Trade Secrets and Innova- poenas, discovery and witness deposi- of the Senator from Montana (Mr. tion Act of 2012. This legislation will tions. In addition, for trade secret TESTER) was added as a cosponsor of S. help American companies protect their holders operating nationwide, a single 3372, a bill to amend section 704 of title valuable trade secrets by giving them Federal statute can be more efficient 18, United States Code. the additional option of seeking redress than navigating 50 different State laws. S.J. RES. 19 in Federal courts when they are vic- Finally, our bill permits judges to issue tims of economic espionage or trade se- seizure orders to prevent defendants At the request of Mr. HATCH, the name of the Senator from Pennsyl- cret theft. Stolen trade secrets cost from destroying evidence. In sum, our American companies billions of dollars bill demonstrates a Federal commit- vania (Mr. TOOMEY) was added as a co- each year and threaten their ability to sponsor of S.J. Res. 19, a joint resolu- ment to trade secret protection by ex- innovate and compete globally. Our tion proposing an amendment to the panding the legal options for victims of bill ensures that companies have the Constitution of the United States au- economic espionage and trade secret most effective and efficient ways to thorizing Congress to prohibit the theft. combat trade secret theft and recoup This legislation will not inundate physical desecration of the flag of the their losses, helping them to maintain Federal courts with minor trade secret United States. their global competitive edge. cases because it includes limits so that S.J. RES. 43 Today, as much as 80 percent of com- only the most serious cases requiring At the request of Mr. MCCONNELL, panies’ assets are intangible, the ma- Federal courts will be permitted. These the name of the Senator from Arkansas jority of them in the form of trade se- limitations require the victim of trade (Mr. BOOZMAN) was added as a cospon- crets. This includes everything from fi- secret theft to certify that the dispute sor of S.J. Res. 43, a joint resolution nancial, business, scientific, technical, requires either a substantial need for approving the renewal of import re- economic, or engineering information, nationwide service of process or the strictions contained in the Burmese to formulas, designs, prototypes, proc- misappropriation of trade secrets from Freedom and Democracy Act of 2003, esses, procedures, and codes. Trade se- the U.S. to another country. Finally, it and for other purposes. crets are often the lifeblood of a busi- is important to emphasize that our leg- S.J. RES. 47 ness. If they are stolen and wind up in islation is not intended to replace At the request of Mr. WARNER, the the hands of competitors, it can wipe State trade secret laws, but to com- names of the Senator from Hawaii (Mr. out years of research and development plement them to ensure that victims of AKAKA) and the Senator from Hawaii and cost millions of dollars in losses. economic espionage and trade secret (Mr. INOUYE) were added as cosponsors The chief executive of GM recently misappropriation can get the most of S.J. Res. 47, a joint resolution said that he worries about trade secret prompt, effective and efficient justice. amending title 36, United States Code, theft ‘‘every day.’’ This comes as no We cannot take lightly the threat of to designate July 26 as United States surprise considering the loss to Ford trade secrets theft to American busi- Intelligence Professionals Day. Motor Company in 2006 when an em- nesses, American jobs, and American ployee stole 4,000 documents which he S. CON. RES. 48 innovation. This legislation is another took to China and used for the benefit At the request of Mr. LEAHY, the simple and straightforward step we can of his new employer Beijing Auto- name of the Senator from New Jersey take to help companies defend them- motive Company, a competitor to (Mr. LAUTENBERG) was added as a co- selves against trade secret theft. It Ford. The damage to Ford was esti- sponsor of S. Con. Res. 48, a concurrent demonstrates our commitment at the mated to be between $50 million and resolution recognizing 375 years of Federal level to protect all forms of a $100 million. service of the National Guard and af- business’s intellectual property and In 1996, Congress enacted the Eco- firming congressional support for a their innovative spirit. nomic Espionage Act, which made eco- permanent Operational Reserve as a Mr. President, I ask unanimous con- nomic espionage and trade secret theft component of the Armed Forces. sent that the text of the bill be printed a Federal crime. Nearly 15 years later, in the RECORD. AMENDMENT NO. 2509 trade secret theft and economic espio- There being no objection, the text of At the request of Mr. HATCH, the nage continue to pose a threat to U.S. the bill was ordered to be printed in names of the Senator from Utah (Mr. companies, yet there is no Federal civil the RECORD, as follows: LEE), the Senator from Kansas (Mr. remedy for victims. To complement S. 3389 MORAN) and the Senator from Georgia the criminal enforcement of economic Be it enacted by the Senate and House of Rep- (Mr. CHAMBLISS) were added as cospon- espionage and State trade secret laws, sors of amendment No. 2509 intended to resentatives of the United States of America in the Protecting American Trade Secrets Congress assembled, be proposed to S. 2237, a bill to provide and Innovation Act would provide an- SECTION 1. SHORT TITLE. a temporary income tax credit for in- other avenue for companies to protect This Act may be cited as the ‘‘Protecting creased payroll and extend bonus de- their trade secrets. The bill enables American Trade Secrets and Innovation Act preciation for an additional year, and victims of trade secret theft to seek in- of 2012’’. for other purposes. junctive relief, putting an immediate SEC. 2. FEDERAL JURISDICTION FOR THEFT OF AMENDMENT NO. 2510 halt to trade secret misappropriation, TRADE SECRETS. (a) IN GENERAL.—Section 1836 of title 18, At the request of Mr. HATCH, the and compensation for their losses in United States Code, is amended to read as name of the Senator from Georgia (Mr. Federal court. It will help fill a gap in follows: CHAMBLISS) was added as a cosponsor of Federal intellectual property law by amendment No. 2510 intended to be pro- providing legal protections for non-pat- ‘‘§ 1836. Civil proceedings posed to S. 2237, a bill to provide a tem- entable, non-copyrightable innova- ‘‘(a) PRIVATE CIVIL ACTIONS.— ‘‘(1) IN GENERAL.—A person may bring a porary income tax credit for increased tions, on the condition that the owner civil action under this subsection if the per- payroll and extend bonus depreciation of the innovation has taken reasonable son is aggrieved by— for an additional year, and for other measures to keep the innovation a se- ‘‘(A) a violation of section 1831(a) or purposes. cret. 1832(a); or

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Mr. President, I ask unan- that is related to or included in a product graph (1)(B) is willfully or maliciously mis- imous consent that the text of the bill that is produced for or placed in interstate appropriated, award exemplary damages in be printed in the RECORD. or foreign commerce. an amount not more than the amount of the There being no objection, the text of ‘‘(2) PLEADINGS.—A complaint filed in a damages awarded under subparagraph (B); civil action brought under this subsection and the bill was ordered to be printed in shall— ‘‘(D) if a claim of misappropriation is made the RECORD as follows: ‘‘(A) describe with specificity the reason- in bad faith, a motion to terminate an in- S. 3393 able measures taken to protect the secrecy junction is made or opposed in bad faith, or Be it enacted by the Senate and House of Rep- of the alleged trade secrets in dispute; and a trade secret is willfully and maliciously resentatives of the United States of America in ‘‘(B) include a sworn representation by the misappropriated, award reasonable attor- Congress assembled, party asserting the claim that the dispute ney’s fees to the prevailing party. SECTION 1. SHORT TITLE; ETC. involves either substantial need for nation- ‘‘(b) JURISDICTION.—The district courts of wide service of process or misappropriation the United States shall have original juris- (a) SHORT TITLE.—This Act may be cited as of trade secrets from the United States to diction of civil actions brought under this the ‘‘Middle Class Tax Cut Act’’. another country. section. (b) AMENDMENT OF 1986 CODE.—Except as ‘‘(3) CIVIL EX PARTE SEIZURE ORDER.— ‘‘(c) PERIOD OF LIMITATIONS.—A civil action otherwise expressly provided, whenever in ‘‘(A) IN GENERAL.—In a civil action brought under this section may not be commenced this Act an amendment or repeal is ex- under this subsection, the court may, upon later than 3 years after the date on which pressed in terms of an amendment to, or re- ex parte application and if the court finds by the misappropriation is discovered or by the peal of, a section or other provision, the ref- clear and convincing evidence that issuing exercise of reasonable diligence should have erence shall be considered to be made to a the order is necessary to prevent irreparable been discovered. For purposes of this subsection or other provision of the Internal harm, issue an order providing for— section, a continuing misappropriation con- Revenue Code of 1986. ‘‘(i) the seizure of any property (including stitutes a single claim of misappropria- (c) TABLE OF CONTENTS.—The table of con- computers) used or intended to be used, in tion.’’. tents of this Act is as follows: (b) DEFINITIONS.—Section 1839 of title 18, any manner or part, to commit or facilitate Sec. 1. Short title; etc. the commission of the violation alleged in United States Code, is amended— (1) in paragraph (3), by striking ‘‘and’’ at TITLE I—TEMPORARY EXTENSION OF the civil action; and TAX RELIEF ‘‘(ii) the preservation of evidence in the the end; civil action. (2) in paragraph (4), by striking the period Sec. 101. Temporary extension of 2001 tax re- at the end and inserting a semicolon; and lief. ‘‘(B) SCOPE OF ORDERS.—An order issued under subparagraph (A) shall— (3) by adding at the end the following: Sec. 102. Temporary extension of 2003 tax re- ‘‘(i) authorize the retention of the seized ‘‘(5) the term ‘misappropriation’ means— lief. property for a reasonably limited period, not ‘‘(A) acquisition of a trade secret of an- Sec. 103. Temporary extension of 2010 tax re- to exceed 72 hours under the initial order, other by a person who knows or has reason lief. which may be extended by the court after to know that the trade secret was acquired Sec. 104. Temporary extension of election to notice to the affected party and an oppor- by improper means; or expense certain depreciable tunity to be heard; ‘‘(B) disclosure or use of a trade secret of business assets. ‘‘(ii) require that any copies of seized prop- another without express or implied consent TITLE II—ESTATE TAX RELIEF by a person who— erty made by the requesting party be made Sec. 201. Modifications to estate, gift, and at the expense of the requesting party; ‘‘(i) used improper means to acquire knowledge of the trade secret; generation-skipping transfer ‘‘(iii) require the requesting party to re- taxes. turn the seized property to the party from ‘‘(ii) at the time of disclosure or use, knew TITLE III—ALTERNATIVE MINIMUM TAX which the property were seized at the end of or had reason to know that the knowledge of RELIEF the period authorized under clause (i), in- the trade secret was— cluding any extension; and ‘‘(I) derived from or through a person who Sec. 301. Temporary extension of increased ‘‘(iv) include an appropriate protective had used improper means to acquire the alternative minimum tax ex- order with respect to discovery and use of trade secret; emption amount. any property that has been seized, which ‘‘(II) acquired under circumstances giving Sec. 302. Temporary extension of alternative shall provide for appropriate procedures to rise to a duty to maintain the secrecy of the minimum tax relief for non- ensure that confidential, private, propri- trade secret or limit the use of the trade se- refundable personal credits. cret; or etary, or privileged information contained in TITLE IV—BUDGETARY EFFECTS ‘‘(III) derived from or through a person the seized property is not improperly dis- Sec. 401. Budgetary effects. closed or used. who owed a duty to the person seeking relief ‘‘(C) SEIZURES.—A party injured by a sei- to maintain the secrecy of the trade secret TITLE I—TEMPORARY EXTENSION OF TAX zure under an order under this paragraph— or limit the use of the trade secret; or RELIEF ‘‘(i) may bring a civil action against the ‘‘(iii) before a material change of the posi- SEC. 101. TEMPORARY EXTENSION OF 2001 TAX applicant for the order; and tion of the person, knew or had reason to RELIEF. ‘‘(ii) shall be entitled to recover appro- know that— (a) TEMPORARY EXTENSION.— priate relief, including— ‘‘(I) the trade secret was a trade secret; (1) IN GENERAL.—Section 901 of the Eco- ‘‘(I) damages for lost profits, cost of mate- and nomic Growth and Tax Relief Reconciliation rials, and loss of good will; ‘‘(II) knowledge of the trade secret had Act of 2001 is amended by striking ‘‘Decem- ‘‘(II) if the seizure was sought in bad faith, been acquired by accident or mistake; and ber 31, 2012’’ both places it appears and in- punitive damages; and ‘‘(6) the term ‘improper means’— serting ‘‘December 31, 2013’’. ‘‘(III) unless the court finds extenuating ‘‘(A) includes theft, bribery, misrepresen- (2) EFFECTIVE DATE.—The amendment circumstances, to recover a reasonable at- tation, breach or inducement of a breach of made by this subsection shall take effect as torney’s fee. a duty to maintain secrecy, or espionage if included in the enactment of the Economic ‘‘(4) REMEDIES.—In a civil action brought through electronic or other means; and Growth and Tax Relief Reconciliation Act of under this subsection, a court may— ‘‘(B) does not include reverse engineering 2001. ‘‘(A) issue— or independent derivation.’’. (b) APPLICATION TO CERTAIN HIGH-INCOME ‘‘(i) an order for appropriate injunctive re- (c) TECHNICAL AND CONFORMING AMEND- TAXPAYERS.— MENT.—The table of sections for chapter 90 of lief against any violation described in para- (1) INCOME TAX RATES.— title 18, United States Code, is amended by graph (1), including the actual or threatened (A) TREATMENT OF 25- AND 28- PERCENT RATE striking the item relating to section 1836 and misappropriation of trade secrets; BRACKETS.—Paragraph (2) of section 1(i) is inserting the following: ‘‘(ii) if determined appropriate by the amended to read as follows: court, an order requiring affirmative actions ‘‘1836. Civil proceedings.’’. ‘‘(2) 25- AND 28- PERCENT RATE BRACKETS.— to be taken to protect a trade secret; and (d) RULE OF CONSTRUCTION.—Nothing in the The tables under subsections (a), (b), (c), (d), ‘‘(iii) if the court determines that it would amendments made by this section shall be and (e) shall be applied— be unreasonable to prohibit use of a trade se- construed to modify the rule of construction ‘‘(A) by substituting ‘25%’ for ‘28%’ each cret, an order requiring payment of a reason- under section 1838 of title 18, United States place it appears (before the application of able royalty for any use of the trade secret; Code, or to preempt any other provision of subparagraph (B)), and ‘‘(B) award— law. ‘‘(B) by substituting ‘28%’ for ‘31%’ each ‘‘(i) damages for actual loss caused by the place it appears.’’. misappropriation of a trade secret; and By Mr. REID: (B) 33-PERCENT RATE BRACKET.—Subsection ‘‘(ii) damages for any unjust enrichment S. 3393. A bill to amend the Internal (i) of section 1 is amended by redesignating caused by the misappropriation of the trade Revenue Code of 1986 to provide tax re- paragraph (3) as paragraph (4) and by insert- secret that is not addressed in computing lief to middle-class families; read the ing after paragraph (2) the following new damages for actual loss; first time. paragraph:

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‘‘(3) 33-PERCENT RATE BRACKET.— (III) by striking all that precedes ‘‘in a cal- able years beginning after December 31, ‘‘(A) IN GENERAL.—In the case of taxable endar year after 1989,’’ and inserting the fol- 2010)’’ and inserting ‘‘20 percent’’. years beginning after December 31, 2012— lowing: (d) EFFECTIVE DATES.— ‘‘(i) the rate of tax under subsections (a), ‘‘(4) INFLATION ADJUSTMENT.—In the case of (1) IN GENERAL.—Except as otherwise pro- (b), (c), and (d) on a taxpayer’s taxable in- any taxable year beginning’’. vided, the amendments made by subsections come in the fourth rate bracket shall be 33 (c) EFFECTIVE DATE.—Except as otherwise (b) and (c) shall apply to taxable years begin- percent to the extent such income does not provided, the amendments made by this sec- ning after December 31, 2012. exceed an amount equal to the excess of— tion shall apply to taxable years beginning (2) WITHHOLDING.—The amendments made ‘‘(I) the applicable amount, over after December 31, 2012. by paragraphs (1)(C) and (3) of subsection (c) ‘‘(II) the dollar amount at which such (d) APPLICATION OF EGTRRA SUNSET.— shall apply to amounts paid on or after Jan- bracket begins, and Each amendment made by subsection (b) uary 1, 2013. ‘‘(ii) the 36 percent rate of tax under such shall be subject to title IX of the Economic (e) APPLICATION OF JGTRRA SUNSET.— subsections shall apply only to the tax- Growth and Tax Relief Reconciliation Act of Each amendment made by subsections (b) payer’s taxable income in such bracket in ex- 2001 to the same extent and in the same man- and (c) shall be subject to section 303 of the cess of the amount to which clause (i) ap- ner as if such amendment was included in Jobs and Growth Tax Relief Reconciliation plies. title I of such Act. Act of 2003 to the same extent and in the same manner as if such amendment was in- ‘‘(B) APPLICABLE AMOUNT.—For purposes of SEC. 102. TEMPORARY EXTENSION OF 2003 TAX this paragraph, the term ‘applicable amount’ RELIEF. cluded in title III of such Act. means the excess of— (a) EXTENSION.— SEC. 103. TEMPORARY EXTENSION OF 2010 TAX RELIEF. ‘‘(i) the applicable threshold, over (1) IN GENERAL.—Section 303 of the Jobs (a) AMERICAN OPPORTUNITY TAX CREDIT.— ‘‘(ii) the sum of the following amounts in and Growth Tax Relief Reconciliation Act of (1) IN GENERAL.—Section 25A(i) is amended effect for the taxable year: 2003 is amended by striking ‘‘December 31, by striking ‘‘or 2012’’ and inserting ‘‘2012, or ‘‘(I) the basic standard deduction (within 2012’’ and inserting ‘‘December 31, 2013’’. 2013’’. the meaning of section 63(c)(2)), and (2) EFFECTIVE DATE.—The amendment (2) TREATMENT OF POSSESSIONS.—Section ‘‘(II) the exemption amount (within the made by this subsection shall take effect as 1004(c)(1) of division B of the American Re- meaning of section 151(d)(1) (or, in the case if included in the enactment of the Jobs and covery and Reinvestment Tax Act of 2009 is of subsection (a), 2 such exemption Growth Tax Relief Reconciliation Act of amended by striking ‘‘and 2012’’ each place it amounts). 2003. appears and inserting ‘‘2012, and 2013’’. ‘‘(C) APPLICABLE THRESHOLD.—For purposes (b) 20-PERCENT CAPITAL GAINS RATE FOR (b) CHILD TAX CREDIT.—Section 24(d)(4) is of this paragraph, the term ‘applicable CERTAIN HIGH INCOME INDIVIDUALS.— amended— threshold’ means— (1) IN GENERAL.—Paragraph (1) of section (1) by striking ‘‘AND 2012’’ in the heading ‘‘(i) $250,000 in the case of subsection (a), 1(h) is amended by striking subparagraph and inserting ‘‘2012, AND 2013’’, and ‘‘(ii) $225,000 in the case of subsection (b), (C), by redesignating subparagraphs (D) and (2) by striking ‘‘or 2012’’ and inserting ‘‘(iii) $200,000 in the case of subsections (c), (E) as subparagraphs (E) and (F) and by in- ‘‘2012, or 2013’’. and serting after subparagraph (B) the following (c) EARNED INCOME TAX CREDIT.—Section 1 ‘‘(iv) ⁄2 the amount applicable under clause new subparagraphs: 32(b)(3) is amended— (i) (after adjustment, if any, under subpara- ‘‘(C) 15 percent of the lesser of— (1) by striking ‘‘AND 2012’’ in the heading graph (E)) in the case of subsection (d). ‘‘(i) so much of the adjusted net capital and inserting ‘‘2012, AND 2013’’, and ‘‘(D) FOURTH RATE BRACKET.—For purposes gain (or, if less, taxable income) as exceeds (2) by striking ‘‘or 2012’’ and inserting of this paragraph, the term ‘fourth rate the amount on which a tax is determined ‘‘2012, or 2013’’. bracket’ means the bracket which would (de- under subparagraph (B), or (d) TEMPORARY EXTENSION OF RULE DIS- termined without regard to this paragraph) ‘‘(ii) the excess (if any) of— REGARDING REFUNDS IN THE ADMINISTRATION be the 36-percent rate bracket. ‘‘(I) the amount of taxable income which OF FEDERAL PROGRAMS AND FEDERALLY AS- ‘‘(E) INFLATION ADJUSTMENT.—For purposes would (without regard to this paragraph) be SISTED PROGRAMS.—Subsection (b) of section of this paragraph, with respect to taxable taxed at a rate below 36 percent, over 6409 is amended by striking ‘‘December 31, years beginning in calendar years after 2012, ‘‘(II) the sum of the amounts on which a 2012’’ and inserting ‘‘December 31, 2013’’. each of the dollar amounts under clauses (i), tax is determined under subparagraphs (A) (e) EFFECTIVE DATES.— (ii), and (iii) of subparagraph (C) shall be ad- and (B), (1) IN GENERAL.—Except as provided in justed in the same manner as under para- ‘‘(D) 20 percent of the adjusted net capital paragraph (2), the amendments made by this graph (1)(C), except that subsection (f)(3)(B) gain (or, if less, taxable income) in excess of section shall apply to taxable years begin- shall be applied by substituting ‘2008’ for the sum of the amounts on which tax is de- ning after December 31, 2012. ‘1992’.’’. termined under subparagraphs (B) and (C),’’. (2) RULE DISREGARDING REFUNDS IN THE AD- (2) PHASEOUT OF PERSONAL EXEMPTIONS AND (2) MINIMUM TAX.—Paragraph (3) of section MINISTRATION OF CERTAIN PROGRAMS.—The ITEMIZED DEDUCTIONS.— 55(b) is amended by striking subparagraph amendment made by subsection (d) shall (A) OVERALL LIMITATION ON ITEMIZED DE- (C), by redesignating subparagraph (D) as apply to amounts received after December DUCTIONS.—Section 68 is amended— subparagraph (E), and by inserting after sub- 31, 2012. (i) by striking ‘‘the applicable amount’’ the paragraph (B) the following new subpara- SEC. 104. TEMPORARY EXTENSION OF ELECTION first place it appears in subsection (a) and in- graphs: TO EXPENSE CERTAIN DEPRE- serting ‘‘the applicable threshold in effect ‘‘(C) 15 percent of the lesser of— CIABLE BUSINESS ASSETS. under section 1(i)(3)’’, ‘‘(i) so much of the adjusted net capital (a) IN GENERAL.— (ii) by striking ‘‘the applicable amount’’ in gain (or, if less, taxable excess) as exceeds (1) DOLLAR LIMITATION.—Section 179(b)(1) is subsection (a)(1) and inserting ‘‘such applica- the amount on which tax is determined amended— ble threshold’’, under subparagraph (B), or (A) by striking ‘‘and’’ at the end of sub- (iii) by striking subsection (b) and redesig- ‘‘(ii) the excess described in section paragraph (C), nating subsections (c), (d), and (e) as sub- 1(h)(1)(C)(ii), plus (B) by redesignating subparagraph (D) as sections (b), (c), and (d), respectively, and ‘‘(D) 20 percent of the adjusted net capital subparagraph (E), (iv) by striking subsections (f) and (g). gain (or, if less, taxable excess) in excess of (C) by inserting after subparagraph (C) the (B) PHASEOUT OF DEDUCTIONS FOR PERSONAL the sum of the amounts on which tax is de- following new subparagraph: EXEMPTIONS.— termined under subparagraphs (B) and (C), ‘‘(D) $250,000 in the case of taxable years (i) IN GENERAL.—Paragraph (3) of section plus’’. beginning in 2013, and’’, and 151(d) is amended— (c) CONFORMING AMENDMENTS.— (D) in subparagraph (E), as so redesignated, (I) by striking ‘‘the threshold amount’’ in (1) The following provisions are each by striking ‘‘2012’’ and inserting ‘‘2013’’. subparagraphs (A) and (B) and inserting ‘‘the amended by striking ‘‘15 percent’’ and insert- (2) REDUCTION IN LIMITATION.—Section applicable threshold in effect under section ing ‘‘20 percent’’: 179(b)(2) is amended— 1(i)(3)’’, (A) Section 531. (A) by striking ‘‘and’’ at the end of sub- (II) by striking subparagraph (C) and redes- (B) Section 541. paragraph (C), ignating subparagraph (D) as subparagraph (C) Section 1445(e)(1). (B) by redesignating subparagraph (D) as (C), and (D) The second sentence of section subparagraph (E), (III) by striking subparagraphs (E) and (F). 7518(g)(6)(A). (C) by inserting after subparagraph (C) the (ii) CONFORMING AMENDMENTS.—Paragraph (E) Section 53511(f)(2) of title 46, United following new subparagraph: (4) of section 151(d) is amended— States Code. ‘‘(D) $800,000 in the case of taxable years (I) by striking subparagraph (B), (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are beginning in 2013, and’’, and (II) by redesignating clauses (i) and (ii) of each amended by striking ‘‘5 percent (0 per- (D) in subparagraph (E), as so redesignated, subparagraph (A) as subparagraphs (A) and cent in the case of taxable years beginning by striking ‘‘2012’’ and inserting ‘‘2013’’. (B), respectively, and by indenting such sub- after 2007)’’ and inserting ‘‘0 percent’’. (b) COMPUTER SOFTWARE.—Section paragraphs (as so redesignated) accordingly, (3) Section 1445(e)(6) is amended by strik- 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ and ing ‘‘15 percent (20 percent in the case of tax- and inserting ‘‘2014’’.

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(c) ELECTION.—Section 179(c)(2) is amended (B) GIFT TAX ADJUSTMENT.—Section 2502 is TITLE IV—BUDGETARY EFFECTS by striking ‘‘2013’’ and inserting ‘‘2014’’. amended by adding at the end the following SEC. 401. BUDGETARY EFFECTS. (d) EFFECTIVE DATE.—The amendments new subsection: (a) PAYGO SCORECARD.—The budgetary ef- made by this section shall apply to taxable ‘‘(d) ADJUSTMENT TO REFLECT CHANGES IN fects of this Act shall not be entered on ei- years beginning after December 31, 2012. EXCLUSION AMOUNT.— ther PAYGO scorecard maintained pursuant TITLE II—ESTATE TAX RELIEF ‘‘(1) IN GENERAL.—If the taxpayer made a to section 4(d) of the Statutory Pay-As-You- taxable gift in an applicable preceding cal- Go Act of 2010. SEC. 201. MODIFICATIONS TO ESTATE, GIFT, AND endar period, the amount of tax computed (b) SENATE PAYGO SCORECARD.—The budg- GENERATION-SKIPPING TRANSFER under subsection (a) shall be reduced by the TAXES. etary effects of this Act shall not be entered amount of tax which would have been pay- on any PAYGO scorecard maintained for (a) MODIFICATIONS TO ESTATE TAX.— able under chapter 12 for such applicable pre- purposes of section 201 of S. Con Res. 21 (1) EXCLUSION AMOUNT.—Paragraph (3) of ceding calendar period if the applicable ex- (110th Congress). section 2010(c) is amended to read as follows: clusion amount in effect for such preceding ‘‘(3) BASIC EXCLUSION AMOUNT.—For pur- f calendar period had been the applicable exposes of this section, the basic exclusion clusion amount in effect for the calendar NOTICE OF HEARING amount is $3,500,000.’’. year for which the tax is being computed and (2) MAXIMUM ESTATE TAX RATE.—The table COMMITTEE ON ENERGY AND NATURAL the modifications described in subsection (g) in subsection (c) of section 2001 is amended RESOURCES had been applicable for such preceding cal- by striking ‘‘Over $500,000’’ and all that fol- Mr. BINGAMAN. Mr. President, I endar period. lows and inserting the following: would like to announce for the infor- ‘‘(2) LIMITATION.—The aggregate amount of Over $500,000 but not over $155,800, plus 37 percent gifts made in any applicable preceding cal- mation of the Senate and the public $750,000. of the excess of such endar period to which the reduction under that a hearing has been scheduled be- amount over $500,000. Over $750,000 but not over $248,300, plus 39 percent paragraph (1) applies shall not exceed the ex- fore the Committee on Energy and Nat- $1,000,000. of the excess of such cess of— ural Resources. The hearing will be amount over $750,000. ‘‘(A) the applicable exclusion amount for held on Tuesday, July 24, 2012, at 10 Over $1,000,000 but not $345,800, plus 41 percent such preceding calendar period, over a.m., in room SD–366 of the Dirksen over $1,250,000. of the excess of such ‘‘(B) the applicable exclusion amount for amount over $1,000,000. Senate Office Building. the calendar year for which the tax is being The purpose of the hearing is to as- Over $1,250,000 but not $448,300, plus 43 percent computed. over $1,500,000. of the excess of such ‘‘(3) APPLICABLE PRECEDING CALENDAR YEAR sess the opportunities for, current level amount over $1,250,000. of investment in, and barriers to the Over $1,500,000...... $555,800, plus 45 percent PERIOD.—The term ‘applicable preceding cal- of the excess of such endar year period’ means any preceding cal- expanded usage of natural gas as a fuel amount over endar year period in which the applicable ex- for transportation. $1,500,000.’’. clusion amount exceeded the applicable ex- Because of the limited time available (b) MODIFICATIONS OF ESTATE AND GIFT clusion amount for the calendar year for for the hearing, witnesses may testify TAXES TO REFLECT DIFFERENCES IN CREDIT which the tax is being computed. by invitation only. However, those RESULTING FROM DIFFERENT TAX RATES AND ‘‘(4) APPLICABLE EXCLUSION AMOUNT.—The wishing to submit written testimony EXCLUSION AMOUNTS.— term ‘applicable exclusion amount’ means, for the hearing record should send it to with respect to any period, the amount de- (1) CHANGING TAX RATES.—Notwithstanding the Committee on Energy and Natural section 304 of the Tax Relief, Unemployment termined under section 2010(c) for such pe- Insurance Reauthorization, and Job Creation riod, except that in the case of any period for Resources, U.S. Senate, 304 Dirksen Act of 2010, section 901 of the Economic which such amount includes the deceased Senate Office Building, Washington, Growth and Tax Relief Reconciliation Act of spousal unused exclusion amount (as defined DC 20510–6150, or by email to 2001 shall not apply to the amendments made in section 2010(c)(4)), such term shall mean [email protected]. by section 302(d) of the Tax Relief, Unem- the basic exclusion amount (as defined under For further information, please con- ployment Insurance Reauthorization, and section 2010(c)(3), as in effect for such pe- tact Jennifer Nekuda Malik at 202–224– Job Creation Act of 2010. riod).’’. 5479, or Kevin Rennert at 202–224–7826, (c) EFFECTIVE DATE.—The amendments (2) DECREASING EXCLUSIONS.— or Meagan Gins at 202–224–0883. (A) ESTATE TAX ADJUSTMENT.—Section 2001 made by this section shall apply to estates of is amended by adding at the end the fol- decedents dying, and generation-skipping f lowing new subsection: transfers and gifts made, after December 31, AUTHORITY FOR COMMITTEES TO ‘‘(h) ADJUSTMENT TO REFLECT CHANGES IN 2012. MEET EXCLUSION AMOUNT.— (d) APPLICATION OF EGTRRA SUNSET.—Sec- ‘‘(1) IN GENERAL.—If, with respect to any tion 901 of the Economic Growth and Tax Re- COMMITTEE ON AGRICULTURE, NUTRITION, AND gift to which subsection (b)(2) applies, the lief Reconciliation Act shall apply to the FORESTRY applicable exclusion amount in effect at the amendments made by subsection (a). Mr. UDALL of Colorado. Mr. Presi- time of the decedent’s death is less than such TITLE III—ALTERNATIVE MINIMUM TAX dent, I ask unanimous consent that the amount in effect at the time such gift is RELIEF Committee on Agriculture, Nutrition, made by the decedent, the amount of tax SEC. 301. TEMPORARY EXTENSION OF IN- and Forestry be authorized to hold a computed under subsection (b) shall be re- CREASED ALTERNATIVE MINIMUM hearing entitled, ‘‘Dodd-Frank Wall duced by the amount of tax which would TAX EXEMPTION AMOUNT. Street Reform and Consumer Protec- have been payable under chapter 12 at the (a) IN GENERAL.—Paragraph (1) of section tion Act: 2 Years Later,’’ during the time of the gift if the applicable exclusion 55(d) is amended— amount in effect at such time had been the (1) by striking ‘‘$72,450’’ and all that fol- session of the Senate on July 17, 2012, applicable exclusion amount in effect at the lows through ‘‘2011’’ in subparagraph (A) and at 10 a.m. in room SR–328A of the Rus- time of the decedent’s death and the modi- inserting ‘‘$78,750 in the case of taxable years sell Senate Office Building. fications described in subsection (g) had been beginning in 2012’’, and The PRESIDING OFFICER. Without applicable at the time of such gifts. (2) by striking ‘‘$47,450’’ and all that fol- objection, it is so ordered. ‘‘(2) LIMITATION.—The aggregate amount of lows through ‘‘2011’’ in subparagraph (B) and COMMITTEE ON BANKING, HOUSING, AND URBAN gifts made in any calendar year to which the inserting ‘‘$50,600 in the case of taxable years AFFAIRS reduction under paragraph (1) applies shall beginning in 2012’’. Mr. UDALL of Colorado. Mr. Presi- not exceed the excess of— (b) EFFECTIVE DATE.—The amendments dent, I ask unanimous consent that the ‘‘(A) the applicable exclusion amount in ef- made by this section shall apply to taxable Committee on Banking, Housing, and fect for such calendar year, over years beginning after December 31, 2011. Urban Affairs be authorized to meet ‘‘(B) the applicable exclusion amount in ef- SEC. 302. TEMPORARY EXTENSION OF ALTER- fect at the time of the decedent’s death. NATIVE MINIMUM TAX RELIEF FOR during the session of the Senate on ‘‘(3) APPLICABLE EXCLUSION AMOUNT.—The NONREFUNDABLE PERSONAL CRED- July 17, 2012, at 10 a.m., to conduct a term ‘applicable exclusion amount’ means, ITS. committee hearing entitled ‘‘The with respect to any period, the amount de- (a) IN GENERAL.—Paragraph (2) of section Semiannual Monetary Policy Report to termined under section 2010(c) for such pe- 26(a) is amended— Congress.’’ riod, except that in the case of any period for (1) by striking ‘‘or 2011’’ and inserting The PRESIDING OFFICER. Without which such amount includes the deceased ‘‘2011, or 2012’’, and objection, it is so ordered. spousal unused exclusion amount (as defined (2) by striking ‘‘2011’’ in the heading thereof in section 2010(c)(4)), such term shall mean and inserting ‘‘2012’’. COMMITTEE ON ENERGY AND NATURAL the basic exclusion amount (as defined under (b) EFFECTIVE DATE.—The amendments RESOURCES section 2010(c)(3), as in effect for such pe- made by this section shall apply to taxable Mr. UDALL of Colorado. Mr. Presi- riod).’’. years beginning after December 31, 2011. dent, I ask unanimous consent that the

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Res. 483) was be read for the second time on the next Mr. UDALL of Colorado. Mr. Presi- agreed to. legislative day. dent, I ask unanimous consent that the The preamble was agreed to. f Committee on Foreign Relations be au- The resolution, with its preamble, thorized to meet during the session of reads as follows: ORDERS FOR WEDNESDAY, JULY the Senate on July 17, 2012, at 9:30 a.m., S. RES. 483 18, 2012 to hold a hearing entitled, ‘‘The Next Whereas yellow corrugated stainless steel Mr. DURBIN. Mr. President, I ask Ten Years in the Fight Against Human tubing (referred to in this preamble as unanimous consent that when the Sen- Trafficking: Attacking the Problem ‘‘CSST’’) is flexible gas piping used to con- ate completes its business today, it ad- with the Right Tools.’’ vey natural gas or propane to household ap- journ until 9:30 a.m., on Wednesday, The PRESIDING OFFICER. Without pliances in homes and businesses; July 18; that following the prayer and Whereas since 1990, yellow CSST has been objection, it is so ordered. installed in more than 6,000,000 homes and pledge, the Journal of proceedings be SELECT COMMITTEE ON INTELLIGENCE businesses in the United States; approved to date, the morning hour be Mr. UDALL of Colorado. Mr. Presi- Whereas field reports and research suggest deemed expired, and the time for the dent, I ask unanimous consent that the that if direct or indirect lightning strikes a two leaders be reserved for their use Select Committee on Intelligence be structure, the risk for electrical arcing be- later in the day; that the majority authorized to meet during the session tween the metal components in a structure leader be recognized and the first hour of the Senate on July 17, 2012, at 2:30 with yellow CSST may be reduced by means be equally divided and controlled be- of equipotential bonding and grounding; tween the two leaders or their des- p.m. Whereas proper bonding of CSST is defined The PRESIDING OFFICER. Without in section 7.13.2 of the 2009 edition of the ignees, with the majority controlling objection, it is so ordered. NFPA 54: National Fuel Gas Code, and is ref- the first half and the Republicans con- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS erenced in info note 2 in section 250.104 of the trolling the final half. Mr. UDALL of Colorado. Mr. Presi- 2011 edition of the NFPA 70: National Elec- The PRESIDING OFFICER. Without dent, I ask unanimous consent that the tric Code; objection, it is so ordered. Whereas the National Association of State Permanent Subcommittee on Inves- f Fire Marshals supports the proper bonding of tigations of the Committee on Home- yellow CSST to current National Fire Pro- PROGRAM land Security and Governmental Af- tection Association Code to reduce the possi- fairs be authorized to meet during the bility of gas leaks and fires from lightning Mr. DURBIN. Today, the majority session of the Senate on July 17, 2012, strikes; leader filed cloture on the motion to at 9:30 a.m., to conduct a hearing enti- Whereas the National Association of State proceed to S. 3364, the Bring Jobs Home tled ‘‘U.S. Vulnerabilities to Money Fire Marshals is working to educate relevant Act. If no agreement is reached, the Laundering, Drugs, and Terrorist Fi- stakeholders, including fire, building, and cloture vote will be on Thursday. housing officials, consumers, homeowners, nancing: HSBC Case History.’’ f The PRESIDING OFFICER. Without and construction professionals about the need to properly bond yellow CSST in legacy ADJOURNMENT UNTIL 9:30 A.M. objection, it is so ordered. installations and in all new installations in f accordance with the most recent building TOMORROW PRIVILEGES OF THE FLOOR codes and manufacturer installation instruc- Mr. DURBIN. If there is no further tions; business to come before the Senate, I Mr. WHITEHOUSE. Mr. President, I Whereas the bonding of yellow CSST in ask unanimous consent that it adjourn ask unanimous consent that for the du- legacy installations is an important public under the previous order. ration of today’s session, Alex Link, safety matter that merits alerting homeowners, relevant State and local fire, build- There being no objection, the Senate, Rob Famigletti, and Samantha Free- at 5:57 p.m., adjourned until Wednes- man, fellows on my Judiciary Com- ing, and housing officials, and construction professionals such as electricians, contrac- day, July 18, 2012, at 9:30 a.m. mittee staff, be granted floor privi- tors, plumbers, inspectors, and home-im- f leges. provement specialists: Now, therefore, be it The PRESIDING OFFICER. Without Resolved, That the Senate— NOMINATIONS objection, it is so ordered. (1) commends efforts to promote and en- Executive nominations received by f hance public safety and consumer awareness on proper bonding of yellow corrugated the Senate: COMMENDING EFFORTS TO PRO- stainless steel tubing (referred to in this res- INSTITUTE OF AMERICAN INDIAN AND ALASKA MOTE AND ENHANCE PUBLIC olution as ‘‘CSST’’) as defined in the Na- NATIVE CULTURE AND ARTS DEVELOPMENT SAFETY tional Fire Protection Association Code; and BIDTAH N. BECKER, OF NEW MEXICO, TO BE A MEMBER Mr. DURBIN. Mr. President, I ask (2) encourages further educational efforts OF THE BOARD OF TRUSTEES OF THE INSTITUTE OF for the public, relevant building and housing AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND unanimous consent that the Judiciary ARTS DEVELOPMENT FOR A TERM EXPIRING MAY 19, 2018, officials, consumers, homeowners, and con- VICE PERRY R. EATON, TERM EXPIRED. Committee be discharged from further struction professionals on the need to prop- IN THE AIR FORCE consideration of S. Res. 483, and the erly bond yellow CSST retroactively and Senate proceed to its consideration. moving forward in houses that contain the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE REGULAR AIR FORCE The PRESIDING OFFICER. Without product. UNDER TITLE 10, U.S.C., SECTION 531: objection, it is so ordered. f To be major The clerk will report the resolution MEASURE READ THE FIRST SEAN J. HISLOP by title. KINK A. KEEGAN III The assistant legislative clerk read TIME—S. 3393 LUCAS P. NEFF as follows: Mr. DURBIN. Mr. President, I under- IN THE ARMY A resolution (S. Res. 483) commending ef- stand S. 3393 introduced earlier today THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT forts to promote and enhance public safety by Senator REID is at the desk, and I TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 on the need for yellow corrugated stainless ask for its first reading. AND 3064: steel tubing bonding. The PRESIDING OFFICER. The To be major There being no objection, the Senate clerk will read the bill by title for the CHAD S. ABBEY proceeded to consider the resolution. first time. BECKY A. ABELL Mr. DURBIN. I ask unanimous con- The assistant legislative clerk read MARGARET J. ABUZEID DOUGLAS R. ADAMS sent the resolution be agreed to, the as follows: MARY T. A. ADAMS

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NICHELL ADEGBITEMARAVENTANO JEANNIE HUH JAY J. RICHARDS CHINENYE J. ADIMORA CHAD D. HULSOPPLE GRETCHEN D. RICKARDS DAVID K. ADKINSON JOHN D. HUNSAKER BRITTANY L. RITCHIE UZONDU F. AGOCHUKWU RYAN C. INOCENCIO JOHN D. RITCHIE LATANYA AGURS LUIS C. ISAZA REIS B. RITZ CRAIG R. AINSWORTH JOHN W. JACO IAN M. RIVERA NICHOLAS N. ALLAN ANETA JEDRZEJCZYK JESSICA C. RIVERA MICHAEL J. ALLEN SHELDON L. JENSEN MICAH J. ROBERTS SAMUEL F. ALMQUIST BENJAMIN L. JONES SAMANTHA B. RODGERS JAMIE N. ANDREWS CANDICE E. JONESCOX SHARON ROMANO LORI L. ANGERSONBEDNASH ANTON Y. JORGENSEN THOMAS R. RONAY AMANDA L. ANTLE JOSEPH S. JUNG CHRISTOPHER L. ROZELLE TODD M. ANTON YI S. KAM CHRISTINA B. RUMAYOR JENNIFER R. ASARIAS DAVID KASSOP FARHAD SAFI AARON G. AVALLONE CHARLOTTE M. KASTL NATHAN L. SALINAS BRADLEY C. BANDERA CHARLES C. KEY CATHERINE M. SAMPERT CHRISTOPHER S. BARANYK ERIN A. KEYSER JOHN P. SANDERS HEATHER M. BEAUPARLANT KELLY G. KILCOYNE STEVEN A. SATTERLY MICHAEL J. BELTRAN MOON J. KIM TERESA SAULTES JOHN S. BERRY IV REN M. KINOSHITA DANIELLE L. SCHER JOHNATHON A. BERRY DEANNA M. KLESNEY CHRISTIAN C. SCHRADER SANJAY S. BHATIA AMY M. KLUI SHANNON C. SCHUERGER SAMUEL N. BLACKER MATTHEW W. KLUK JOSEPH SCLAFANI LUKE R. BLOOMQUIST KENDRAL R. KNIGHT MELISSA B. SCORZA TIMOTHY E. BORDEN RYAN M. KNIGHT THOMAS J. SEITER, JR. DONNELL K. BOWEN JEFFREY B. KNOX HARSHA SETTY MICHAEL M. BRAUN NICHOLAS D. KORTAN PIERRE N. SHEPHERD EVAN G. BROWN DONALD J. KOSATKA JESSE R. SHERRATT SHAUN R. BROWN WILLIAM J. KROSKI JOON K. SHIM CHELSEA D. BRUNDAGE JOSEPH S. K. KUSHI COLLEEN P. SHOLAR CHRISTINA BRZEZNIAK RYAN M. KWOK MERICA SHRESTHA KRISTINA R. BURKE SALVATORE V. LABRUZZO BRIDGET A. SINNOTT ROBERT J. BUSH RUSSELL W. LAKE GREGORY R. SKERRETT NICOLAS R. CAHANDING PRASAD LAKSHMINARASIMHIAH JENNIFER N. SLIM CHARLES J. CALAIS BRYAN D. LALIBERTE DAWN M. SLOAN TATJANA P. CALVANO MATTHEW T. LAQUER STIRLING B. SMITH MACARIO CAMACHO, JR. TIMOTHY N. LAUGHY DANIEL J. SONG JOHN D. A. CAMPAGNA KARL A. LAUTENSCHLAGER BETHANY E. SONOBE PATRICK M. CAREY MELANIE N. LEADLEY JASON A. SORELL TIMOTHY W. CAREY GEORGE L. LEE III ALYSSA A. SOUMOFF DEREK M. CARLSON YOUNG E. LEE ANNE P. SPILLANE JOHN P. CASAS SCOTT L. LEIFSON ERIN L. SPILLANE BRIAN V. CASHIN JEFFREY D. LEININGER SARAH R. SPRAITZAR LAURA M. CASHIN GRACE M. LIDL SHANKAR K. SRIDHARA MARLIN CAUSEY DUSTIN J. LITTLE DAVID STANLEY ASHLEY H. CHATIGNY TIMOTHY W. LIVENGOOD JASON R. STONE MICHAEL K. CHEEZUM KIMBERLY M. LOCHNER KAREN S. STRENGE WEICHIN CHEN AMY M. LOYD JONATHAN M. STROBEL YINTING CHEN CHARLES D. MAGEE DAVID F. SULKOWSKI FONGKUEI F. CHENG GIL G. MAGPANTAY KATHRYN L. SULKOWSKI GEOFFREY C. CHIN RENEE L. MAKOWSKI JOHN SYMONS STEVEN CHOI JOHN MANDEVILLE BENJAMIN D. TABAK KEVIN S. CLIVE PEDRO A. MANIBUSAN TIMOTHY J. TAUSCH CHRISTOPHER J. COCHRANE KELLY M. MANN BETHANY N. TEER KATHERINE E. COCKER CHARLOTTE S. MARCUS SHAYNA D. THOMPSON MONICA L. COLOMBO DEANDRA A. MARTIN ROSS N. THORMAHLEN ANTHONY W. COOPER II JUAN M. MARTINEZROSS LAUREL A. THURSTON JONATHAN A. CRAUN SHAUN A. MARTINHO KYLE J. TOBLER DAVID A. CRAWFORD JAMES A. MAXEY ERIC B. TOMICH HECTOR O. CRESPOSOTO CHAD B. MCBRIDE KRISTEN L. TOREN RYAN N. CRETE KIRK D. MCBRIDE DANIEL D. TRAN KEVIN P. CROTTY ANGELLETTA N. MCCRANEY ALI A. TURABI REGINO P. CUBE BRENDAN J. MCCRISKIN PATRICK S. TWOMEY CLAIREIDA A. CUNDIFF DEANNA C. MCCULLOUGH ALFREDO E. URDANETA JASON I. DAILEY DEVIN P. MCFADDEN JOHN VENEZIA VERONICA C. DAMASCO OWEN MCGRANE JACOB L. WAGNER TAM Q. DANG BRIAN J. MCGRATH RYAN M. WALK RAJESH K. DANIELS COLLEEN M. MCMANAMAN BIN WANG MICHAEL S. DEGON LUKE E. MEASE JOHNETTA D. WASHINGTON LINDSAY J. DELLAVALLE MARIDELLE B. MILLENDEZ BRIAN R. WATERMAN JASON M. DESADIER SETH L. MILLER TIMOTHY R. WATERS PETER J. DILLON, JR. TIMOTHY J. MILLER RICHARD C. WEBB JOHN T. DISTELHORST JAMIE R. MINGS MARISSA L. WEBER TAMMY L. DONOWAY ELLIOTT I. MITNIK DANIEL WEINSTEIN ROY D. EDWARDS PETER M. MOFFETT CHRISTOPHER R. WELTON TAIWONA L. ELLIOTT ILA C. M. MOFFITT SHAWN R. WEST MICHAEL K. ELM DANIEL B. MORILLA BENJAMIN J. WESTBROOK KATISHA D. ENG ANDREW D. MOSIER JEFFERY A. WHITE SARAH M. ESTRADA AMY L. MURPHY JOSEPH M. WHITE PETER D. EVERSON JOSEPH MY SABRINA V. WHITEHURST DAVID M. FERRARO KATHRYN E. MYHRE JUSTIN L. WILKIE LAYNE M. FIELDER ANNA L. NAIG ALICIA M. WILLIAMS LERA L. FINA SIDDHARTA P. NANDI ROGER S. WILLIAMS RYAN P. FLANAGAN DOMENICK P. NARDI DOUGLAS G. WILSON JASON A. FOERTER JUSTIN D. NEEDHAM ERIC D. WIRTZ TOMAS FORAL THOMAS G. NESSLER III MARIUSZ WOJNARSKI CHRISTOPHER J. FORSTER CHARLES T. NGUYEN CHRISTINE L. WOLFE JUSTIN T. FOWLER PHUOC T. NGUYEN ELIZABETH A. WOODS BRANDON A. FRANCIS CLAUDIA E. NICHOLAS ALAN I. C. WU BENJAMIN FREEMAN MATTHEW C. NICHOLS WILLIAM C. WU ANTHONY D. FREILER MATTHEW C. NUCKOLS MICHAEL A. ZACCHILLI NATHAN K. FRIEDLINE MOROHUNRANTI O. OGUNTOYE HANNA D. ZEMBRZUSKA BRANDON D. FRYE MICHELLE A. OJEMUYIWA CONG Z. ZHAO BONNIE J. GENEMAN CAMERON L. OLDEROG JARED K. ZOTZ PATRICK J. GOLDEN DEBORAH L. ONDRASIK LYNN E. GOWER NICHOLAS R. ONDRASIK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRENDAN C. GRAHAM SCOTT C. OSBORN TO THE GRADE INDICATED IN THE UNITED STATES ARMY LINDSEY J. GRAHAM ALYSSA M. PARK DENTAL CORPS UNDER TITLE 10, U.S.C. , SECTIONS 624 ERIC S. GRENIER ANISH A. PATEL AND 3064: ALLEN D. HAIGHT TERESA D. PEARCE To be major JAMES J. HAM NEIL G. PERERA TRAVIS J. HAMILTON AIXA PEREZRODRIGUEZ JEFFREY E. AYCOCK MARK O. HARDIN DAVID J. PETERSON JEREMY P. BATEMAN JOSHUA J. HARDMAN KRISTINE J. PFEIFFER NATHAN N. BATRICE DAUSEN J. HARKER VALERIE L. PIRES JAXIMILLIAN P. BAYLOSIS HILLARY M. HARPER JASON L. PIZZOLA BRENDAN E. BELL LISA M. HARRIS WILLIAM H. PORR KAILEHIA N. BINNS ALAN K. HECKLER ERIC W. PORRITT AARON J. BROOKS RYAN J. HEITMANN MAX D. PUSZ KENNETH B. CAREY JAMES A. HENRY BRADDEN R. PYRON MATTHEW E. CARLSON JENNIFER H. HEPPS SARAH J. RABIE MATTHEW T. CARPENTER JOSEPHINE P. HORITA MEGHAN F. RALEIGH BRIAN B. CHOI JORDANNA M. HOSTLER MARCUS J. RAMPTON JEFFREY M. CLARK JOHN H. HOTCHKISS IV ANTHONY J. RECUPERO AARON J. COLBY CHRISTOPHER M. HOUSE JEFFREY L. REHA BRANDON G. COLEMAN ROBERT C. HOWARD MATTHEW D. RENSBERRY BRANDEN L. DAILEY MICHAEL J. HUDSON JEREMY N. RICH PATRICK C. DANIEL, JR.

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JASMIN G. DEGUZMAN CABEL A. MCDONALD THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CHAD T. EARDLEY MICHAEL J. MCNAUGHT THE UNITED STATES OFFICERS FOR APPOINTMENT TO JENNIFER L. ELZINGA MATTHEW A. MEYER THE GRADE INDICATED IN THE RESERVE OF THE ARMY AARON C. ERCOLE CLAUDIA P. MILLAN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JAMES M. GIESEN EDWARD L. MONTOYA KRISTY L. HAYES RICK C. MOSER To be colonel ELIZABETH A. HEYN HEATHER R. A. OLMO BRENT A. BECKLEY HAE J. HONG DANIEL R. PERRINGTON SCOTT P. BROWN JAIME A. HUGHES ERIC J. SETTER LOWELL E. KRUSE CASSANDRE JOSEPH LYNN SHERMAN JOHNATHAN H. LEHMAN CHRISTOPHER M. KEPROS YOUNG K. SON JAMES P. MCHUGH MIN C. KIM RICHARD W. STANDAGE MICHAEL G. POOLER SEWHAN KIM BLAKE C. STUART ROBERT M. TYSZKO JOHN D. KING MICHAEL R. VILLACARLOS STEPHEN J. WARD CHRISTOPHER P. KITTLE JAYLON L. WAITE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JACQUELINE S. LAPIN DIANA W. WEBER IN THE GRADE INDICATED IN THE RESERVE OF THE TIN M. LE NATHAN G. WOODS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TUNG V. LE ROBERT B. YANKOVICH JUSTIN P. LEWIS LARA M. YEGHIASARIAN To be colonel SHELDON X. LU JASON C. YI ADAM J. LYTLE ERIC W. YOUNG BRIAN J. EASTRIDGE

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VICTIMS OF COMMUNISM want to say a few words about the most brutal Burying the Communist Albanian past has MEMORIAL FOUNDATION atheistic Communist regime that held the Al- brought neither justice nor healing to those banian people hostage in their country, which who suffered. If anything, it has continued HON. DANA ROHRABACHER was turned into a prison through state-spon- their suffering. This reminds me of the Jewish OF CALIFORNIA sored terror, with crimes against humanity as survivors of the Holocaust who were forced to IN THE HOUSE OF REPRESENTATIVES its hallmark. The Albanian people had fought suffer in silence for years until Israel sought to Tuesday, July 17, 2012 hard against the Italian fascist regime under fully reveal the traumatic legacy of Nazism Mussolini and the German Nazis under Hitler. and to shock the conscience of the world—be- Mr. ROHRABACHER. Mr. Speaker, I submit Their honor code of besa (trust/faith) gave ginning with the capture and trial in 1961 of a speech by former House Member Joseph J. them the strength, moral and physical, to save Adolf Eichmann, one of the chief architects of DioGuardi which highlights the disastrous ef- every Jew in Albania and over 2,000 who fled Hitler’s plan to exterminate European Jewry. fects Communism had for the Albanian popu- there from Yugoslavia and Western Europe for In Albania, I believe that we need to start the lation in the Balkans and the ongoing efforts of protection during the Holocaust. Unfortunately, process of healing the pain of the past (a past the people there to find healing. The following the Albanian people were betrayed during that is very much alive today) by obtaining is a copy of those remarks. World War II by a new leader, Enver Hoxha, from the Albanian government as full account- VICTIMS OF COMMUNISM MEMORIAL who replaced Nazi occupation with the most ing as possible of the Hoxha era. The names The Honorable Joseph J. DioGuardi brutal Stalinist Communist regime anyone of those persecuted, imprisoned, and exe- could imagine, for 45 years. cuted by the Hoxha regime should be re- I want to thank the leaders of the Victims of Hoxha’s aim was to kill the freedom-loving leased to both the Albanian public and the Communism Memorial Foundation, especially spirit of the Albanian people and to destroy international community. Dr. Lee Edwards and Ed Priola. And, on be- their communal soul in favor of building a to- f half of all Albanians and freedom-loving peo- talitarian state under the rule of his Com- ple everywhere, I hasten to commemorate munist Party. His psychopathic regime instilled HONORING THE MEMORY OF here today the historic deeds of the late Con- fear and terror in every household—fear of HENRY SCHIMBERG gressman Tom Lantos, who cofounded this strangers, fear of authority, and even fear of Memorial with President George W. Bush, and betrayal by family, friends, and neighbors HON. LOIS CAPPS who was the original architect of the full diplo- seeking favor with Communist officials. OF CALIFORNIA matic recognition of Albania by the United Hoxha’s regime created an inhuman lack of IN THE HOUSE OF REPRESENTATIVES States in June 1990 and the independence of trust in anyone and everything. Husbands Tuesday, July 17, 2012 Kosova in February 2008. could not trust their wives, parents their chil- Mrs. CAPPS. Mr. Speaker, today I rise to I also want to thank my good friend Con- dren, and siblings each other. By breaking the honor the memory of Henry A. Schimberg—a gressman DANA ROHRABACHER, who sup- ancient Albanian honor and trust code of talented entrepreneur and distinguished mem- ported this memorial from the beginning, but besa, communism created a culture where ber of the Santa Barbara community. Mr. could not be with us today. one had to be constantly on watch and on Schimberg passed away on June 29, 2012 My wife, Shirley Cloyes, a recognized Bal- guard, not knowing where the next threat to while traveling in Europe with his wife, Mar- kan scholar, is also here. She just wrote an life, limb, and family might strike. article for this occasion, entitled ‘‘The Denial of This horrible state of terror was ‘‘formally’’ jorie. Henry Schimberg was born in Chicago in Memory: It Is Time for Albania To Confront Its abandoned in Albania in 1992, with the first 1933 and went on to attend Beloit College in Communist Past.’’ Copies will be available for democratic election. Nevertheless, two dec- those who are interested at the reception. ades later, the scars of communism and the Wisconsin, where he received his Bachelor of Let me also introduce Pellumb Lamaj and twin cultures of fear and corruption still linger Arts degree in 1954. Henry started his ex- Rajmond Sejko, survivors who spent years in Albania. Political parties openly fight for tremely successful career as a truck driver at doing hard labor in one of the most brutal pris- power, and the spoils of corruption keep the Royal Crown Bottling Co. in Chicago in 1958. ons in Communist Albania, called Spac¸. (You country out of the European Union, while After decades of working in the bottling indus- can read about their stories in Shirley’s arti- former Communist neighbors, such as Slo- try, Henry became the president and COO of cle.) venia, Croatia, Romania, Greece, and Serbia, Coca-Cola Enterprises in 1990; in 1998 he be- Annette Lantos, 22 years ago, almost to the are either already in the EU or on the path to came the company’s CEO. During his tenure, day, your late husband, Tom Lantos, and I admission. Coca-Cola Enterprises experienced the most were the first U.S. officials in 50 years to enter On behalf of the victims of communism in financially successful period in its history. the State of Albania, then still under the boot Albania, Mr. Ambassador (addressing Alba- Mr. Schimberg shared a deep passion for of communism. (You were with us on that his- nian Ambassador Gilbert Galanxhi), I am tak- ethics with my late husband, Walter. Henry toric day.) We went with a strong message, ing this opportunity to appeal to your govern- was deeply involved with the Walter H. Capps after crossing the border from Kosova, which ment to bring real democracy to Albania, to Center for the Study of Ethics, Religion, and was under the Serbian Communist regime’s apologize formally to the victims of com- Public Life at the University of California, brutal occupation. We told Communist Dictator munism and their families, to set up a truth Santa Barbara and the Center’s efforts in de- Ramiz Alia that the Berlin Wall had been torn and reconciliation commission, and finally to veloping a strong sense of personal and busi- down in October (1989), and that it was time open the Communist archives for all to see, ness ethics among future business and cor- to tear down the Communist iron curtain still which will allow families to begin the long porate leaders. The Center’s annual under- separating Albania and the Albanian people process of healing and restore trust in the graduate seminar, ‘‘Ethics, Enterprise, and from democracy, Europe, and the rest of the government and its leaders. Leadership,’’ is an innovative course designed world. Annette, we started a movement. Within As Shirley Cloyes DioGuardi, Balkan Affairs in part by Mr. Schimberg that introduces stu- weeks, people were rushing into foreign em- Adviser to the Albanian American Civic dents to the diverse frameworks of ethical de- bassies seeking asylum, and by September League, wrote in her October 2011 article, cision-making and teaches them to evaluate 1990, a huge boat loaded with thousands of ‘‘The Protracted Fall of Communism in Alba- actual corporate and business dilemmas from freedom-seeking Albanians left the port of nia’’: ethical, legal and business perspectives. Durres for the shores of Italy, much like my fa- ‘‘I have come to the conclusion in recent Henry was a regular speaker at the course ther’s Albanian ancestors did in the 15th cen- months that the biggest mistake in post-Com- and was greatly admired by his students and tury to escape the onslaught of the Ottoman munist Albania was that the criminals of the the faculty at UCSB. I have no doubt that his Turks. Hoxha era were not brought to trial and that legacy will be carried on through this wonder- But here we are today—to pay tribute to the the country never instituted a truth and rec- ful course that upholds values dear to his and victims of communism all over the world. I onciliation commission. . . . ’’ my family’s hearts.

∑ 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.

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In 1955, at the age ball team, where he was known as ‘‘Hap’’ Ar- Henry’s passing has been felt deeply by the of 17, Lawrence enlisted in the Pennsylvania nold. Bob and Peg were married in March, many people who were touched by his life and National Guard. After participating in the Re- 1945. accomplishments. The Santa Barbara commu- serve Officers Training Corps throughout col- After World War II broke out, Bob volun- nity will miss an invaluable leader and friend. lege, Lawrence was awarded the rank of Sec- teered for the U.S. Army but the war ended I offer my most heartfelt condolences to ond Lieutenant. In 1965, he earned his Doc- before he arrived in Japan. Upon returning Henry’s family and friends. Please join me in torate in Dental Medicine from the University home, he resumed his education at U.C. honoring this exemplary American. of Pennsylvania and opened his dental prac- Berkeley, earning a Ph.D. in Economics. He f tice in Honesdale in 1969. moved to Palo Alto, where he and Peg raised Dr. Caruth served as an innovator in his INDIAN HEALTH CARE their three children, Kirk, Kevin and Michael. field, introducing many dental technologies to IMPROVEMENT ACT (IHCIA) Bob was an economist at Stanford Research the community. He also worked to provide pa- Institute until 1969, when he and Stephen tients with more convenient care, bringing spe- Levy founded an economics consulting busi- HON. DON YOUNG cialists from the Scranton area to his office in ness called The Center for the Continuing OF ALASKA Honesdale. In 1975, Dr. Caruth’s practice de- Study of the California Economy. veloped into the Cherry Ridge Dental Center, IN THE HOUSE OF REPRESENTATIVES Bob ran for Congress in 1968 on an anti- where he had thirteen specialists working in Tuesday, July 17, 2012 war platform. While he didn’t win the primary, his facility. Mr. YOUNG of Alaska. Mr. Speaker, I would he won many hearts and minds. He was de- While continuing his practice at Cherry voted to finding novel ways to educate the like to speak to a provision of the Affordable Ridge Dental Center, Dr. Caruth served as a Care Act (ACA) that I believe should be ex- public on economic topics, and he was always Liaison Officer for West Point Military Acad- ready to join a march, give a speech, or offer empted from the wholesale repeal of ACA, emy, as well as a Dental Officer, Chief, and and that is section 10221—which is the Indian his support to help the causes in which he be- Commander for 317th Medical Detachment in lieved. Health Care Improvement Act (IHCIA) provi- Scranton. He was one of few dentists to ever sions of the bill. I urge my colleagues in the command an Army Hospital when he was Peg passed away in 1999, and in 2005, Bob House of Representatives not to forget that Commander of the 322nd General Hospital. married the lovely and wonderful Carrie Knopf with the repeal of the Affordable Care Act, After an illustrious career with the U.S. from Palo Alto. Carrie and her late husband, there would also be a repeal of the permanent Army, Dr. Caruth retired in 1997 with numer- Kermit Knopf, had been friends with Bob and reauthorization of the IHCIA, which ensures ous medals, including the Legion of Merit Peg for many years. Bob and Carrie were in- that American Indians and Alaska Natives will separable and enjoyed 13 wonderful years to- have access to improved health care. Medal, the Meritorious Service Medal, the Army Commendation Medal, and the National gether with their families. The IHCIA amendments enacted in 10221 Mr. Speaker, I ask my colleagues to join me of ACA were developed completely separate Defense Service Medal with One Service Star. in extending our deepest condolences to Mr. from ACA and had a distinct legislative history. Dr. Caruth has remained an active member Arnold’s wife, Carrie Knopf, and their entire The IHCIA amendments were developed in a of his community, serving as previous Presi- family. Bob was a wonderful man who brought more than decade long process involving dent and current Treasurer of the Honesdale much joy to the lives he touched and he will tribes, tribal organizations of the federal gov- Rotary Club. He is also a member of the always be remembered for his integrity, intel- ernment on how best to update the quite out American Dental Association, the Pennsyl- ligence, storytelling, limericks, exuberant good of date IHICA—which had its last major reau- vania Dental Association, the Scranton District humor and the unmatched positive energy and thorization in 1992. Dental Society, the American Legion, and has passion he shared with everyone. He bettered While I was a proponent of considering the previously served on the Cherry Ridge Plan- our community and strengthened our country. IHCIA independently, ultimately the IHCIA pro- ning Commission. visions were included in ACA. The ACA was Lawrence is the father of two, Edward and a legislative vehicle that was moving so that Amy Beth, and the grandfather of five. He still f the IHCIA provisions could finally be enacted. resides in Honesdale with his wife Betty. There are a number of key provisions within Mr. Speaker, I rise today to honor Dr. Law- DR. QANTA AHMED’S TESTIMONY IHCIA that will greatly enhance the well being rence Caruth, and ask my colleagues to join TO HOMELAND SECURITY COM- of tribal communities. Such provisions include: me in praising his commitment to Pennsylva- MITTEE ON THE ‘THE AMERICAN new and expanded authorities for behavioral nia’s 10th Congressional District. MUSLIM RESPONSE TO HEAR- health prevention and treatment services; au- INGS ON RADICALIZATION IN f thorities for demonstration projects including THEIR COMMUNITY’ projects for innovative health care facility con- A TRIBUTE TO HONOR THE LIFE struction and health professional shortages; AND MEMORY OF ROBERT HON. FRANK R. WOLF and authority for the provision of dialysis serv- KIRKMAN ARNOLD ices. OF VIRGINIA The health of American Indian and Alaska IN THE HOUSE OF REPRESENTATIVES Native people, who already endure some of HON. ANNA G. ESHOO the largest negative health disparities, should OF CALIFORNIA Tuesday, July 17, 2012 not be negatively affected because the IHCIA IN THE HOUSE OF REPRESENTATIVES provisions, through chance, were included in Mr. WOLF. Mr. Speaker, I submit insightful Tuesday, July 17, 2012 ACA. and compelling testimony given by Dr. Qanta A. A. Ahmed before the House Homeland Se- f Ms. ESHOO. Mr. Speaker, I rise today to honor Robert (Bob) Kirkman Arnold, who curity Committee last month. I commend HONORING DR. LAWRENCE passed away on May 22, 2012 at the age of Chairman PETER KING for continuing this se- CARUTH 88 in Palo Alto, California, surrounded by his ries of hearings looking at the challenge of loved ones. Bob is survived by his wife Carrie radicalization in the U.S. and how it impacts HON. TOM MARINO Knopf, his three children, Kirk, Kevin and Mi- the American Muslim community. OF PENNSYLVANIA chael, their spouses and his three grand- I urge all of my colleagues to read Dr. IN THE HOUSE OF REPRESENTATIVES children; by Carrie’s three children, Bret, Ahmed’s testimony, especially given her first- Karen and Clay, their spouses and by her six hand experience with radicalized youth in Tuesday, July 17, 2012 grandchildren. Pakistan and her recent series of columns and Mr. MARINO. Mr. Speaker, I rise today in Raised in San Francisco by his parents, editorials on the threat of radicalization in the honor of my constituent, Dr. Lawrence Caruth, Agnes and George, Bob attended Lowell High West.

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THE AMERICAN MUSLIM RESPONSE TO HEAR- I have therefore lived among, met, treated, treated local villagers and traveled to near- INGS ON RADICALIZATION WITHIN THEIR COM- taught, worked with, published with, re- by Mingora to see rehabilitated child mili- MUNITY—CONGRESSIONAL TESTIMONY TO THE searched with, befriended and, on occasion, tants readjusting to community life after U.S. HOUSE OF REPRESENTATIVES COM- been repudiated and abandoned, by many successful deprogramming. MITTEE ON HOMELAND SECURITY, WASH- Muslims in many dimensions. At Sabaoon, I met with doctors, teachers, INGTON DC, JUNE 20TH 2012 MY EXPERIENCE OF THE BURDEN OF RADICAL psychotherapists, military leaders and the Qanta A. A. Ahmed MD, FACP, FCCP, ISLAMISM ON MY AMERICAN PATIENTS child militant rehabilitees themselves all boys aged between 10 and 20. I was also in- FAASM, Associate Professor of Medicine, Currently, my work as an attending sleep vited to attend the relatives of these boys for The State University of New York, USA disorders specialist involves personally at- a one day traveling clinic to provide basic tending to the World Trade Center First Re- Good morning. Thank you Chairman King medical care during which I met, inter- sponder patient population of Nassau County and Ranking Committee Member Congress- viewed, examined and treated the mothers, at Winthrop University Hospital. Our hos- man Thompson and distinguished members sisters, grandmothers, siblings, children and pital provides state-of-the-art care to 2500 of of the Committee for the opportunity to tes- spouses of convicted militant operatives, sui- these Americans without financial burden tify today on such an important issue. cide operation ‘martyrs’ and suspects cur- each year through the provenance of the MY MUSLIM IDENTITY rently in detention in Saudi Arabia. I re- Zadroga Bill, spearheaded by Chairman King corded many photographs of my visit which I am a British citizen, and a Permanent and his colleagues. I can share in a classified forum if the Com- Resident in these United States where I have Hence patients in my personal practice mittee determines there is a need. made my home for fourteen years. I am a today include multiple members of US law During the visit, though I was not granted practicing physician and a practicing Mus- enforcement including active duty, disabled clearance to question the students directly, lim. Religion stems from the etymological and former NYPD, active duty FBI agents, under supervision of my fellow physician col- Latin root relegere, meaning to be gathered active, disabled and retired FDNY, former leagues and with the Pakistani Rangers or bound together. An individual’s narrative members of the New York Federal Crime Bu- nearby, I was allowed to meet with one 15– of his or her religious experience is often a reau and others who are officially designated year old Pakistani boy in particular. I lis- catalogue of relationships and my Islam is as World Trade Center First Responders— tened to him for about an hour as he de- no different, beginning with the gift of Islam 6000 of the nation’s 40,000 first responders scribed his transition from a school boy of 13 from my parents. live on Long Island. Many of these patients walking to school, his seduction by an older There is no divide between any of my mul- have roles in counter terrorism task forces boy with tales of a ‘purer’, ‘more legitimate’ tiple roles as I have learned following the ex- today. Islam—that of the Taliban’s—his voluntary ample of my parents, both of whom remain I treat these men and women for sleep-re- decision to run away and join a network of true to their faith without encroaching upon lated complications developed as a result of Taliban militants, his deliberate and very the public space yet always espousing plu- their service to our nation including obstruc- labyrinthine confinements in hiding centers ralism and tolerance. They raised me to ob- tive sleep apnea syndrome, post-traumatic called ‘markaz’ (centers), his handlers’ per- serve Islam in the same manner. stress disorder, anxiety, depression and other sistent and successful maneuvering defeating I pray, I fast during Ramadan, I find wor- conditions. Attending them gives me special the dedicated efforts of his parents to re- ship in my work and I have also completed insights into the indiscriminate burden of trieve him, his training and preparation the Hajj—the Muslim pilgrimage to Mecca. radical Islamist acts born by our community which he chillingly termed ‘Tarbiyyat’ Each year I am fortunate to be able to ex- a decade after they assaulted humanity in which means ‘religious education’ (con- ceed the Islamic duties of charity required of my adoptive home, New York City, an assisting of advanced training in the use of a me annually. My parents support my views sault I witnessed from Riyadh, Saudi Arabia. which I express here in this chamber today Understanding the work and the suffering handgun, the deployment of a grenade and and all of my actions which have led me to of my patients and the toll it takes on them the successful detonation of a suicide jacket) this moment. As a family, for generations, makes clear to me the enormous sacrifice and, finally, his ultimate surrender to a po- we have explicitly repudiated all forms of vi- they and their families make to safeguard us lice officer in the designated target of at- olence—including those conducted in the at times of crisis and in between, a sacrifice tack—a nearby mosque. I have in my posses- name of Islam—long before the specter of much of the nation has forgotten, or remains sion his de-identified narrative which can be radical Islamism ever blighted these United unaware of. As a Muslim meeting these reviewed in a classified forum but as is not States. Americans reveals the devastating impact of available for disclosure in this public record. This young boy’s naı¨vete´, his isolated and MY VANTAGE AS AN INTERNATIONALLY radical Islamism to which few others—Mus- distorted world view, his lack of knowledge EXPERIENCED MUSLIM PHYSICIAN lims or non-Muslim—will ever be privy. of Bin Laden or 9–11 and his indoctrination In my 21 years since qualification, I have MY EXPERIENCE WITH CONTEMPORARY RADICAL all revealed to me that Islamist ideologies practiced on three continents; here in the ISLAMIST IDEOLOGY are active, alive and moving ahead far be- Americas in the United States—in both In Spring 2010, in recognition of my aca- yond the reach of 20th Century Al-Qaedah South Carolina and New York, in Europe, demic work on Hajj Medicine and health di- ideology. Further, his halting and chiefly in London, and in Asia, namely when plomacy, I was selected as the first Muslim unconfident Urdu reminded me much of the I practiced medicine for two years, from No- woman to complete a Templeton Cambridge nascent transition from boyhood to manhood vember 1999 to November 2001 in Riyadh, Journalism Fellowship in Science and Reli- of my own brothers when they were younger, Saudi Arabia. gion at the University of Cambridge in Eng- who fortunately have been sheltered from This peripatetic path has allowed me to en- land. Following a meeting with an inter- such manipulations by opportunities our gage intimately with Saudi Muslims as I at- nationally recognized expert in counterter- family could give them because we are so attended them in their critical illnesses, and rorism, I reviewed data exposing me to the tached to our native Britain and Islam, not later work for many years to improving brutality of contemporary radical Islamists Islamism. their public health and that for all Muslim and decided to focus my fellowship on the Further, the young boy also revealed his pilgrims to Mecca; and with British Diaspora psychological manipulation of Islam into the Islamist-indoctrinated hatred of certain Muslims as I attended them in Britain’s cap- service of terror. I thus specifically evalu- sects of Muslims, including Shias who are a ital. I functioned in these roles as a treating ated the mechanisms of martyrdom and minority in Pakistan, his belief that anyone physician, a physician-educator, a physician jihadist ideology as expressed by contem- collaborating with a western-dressed indi- colleague, a mentor to training doctors. My porary radical Islamists. This work both in- vidual was an enemy of Islam—including work has led to numerous publications both formed my specific knowledge and the many Pakistani troops who are usually dressed in in the medical academe and the mainstream publications I have authored since. My expe- western trousers—and that any who engaged media. rience of being a Templeton Cambridge Fel- with US troops was also an enemy to Islam. For over a decade, I have also been invited low adds special academic context useful to Exactly these ideologies are being pro- to teach and speak at numerous conferences me in interpreting the salient findings of moted in the United States today, often in the Muslim Majority world including for this series of investigative hearings. through portals—whether via internet por- the Saudi Arabian National Guard Health As a result of my work at Cambridge, I tals, recurrent migration to Somalia, Sudan, Affairs, for the Saudi Arabian Ministry of have met with some of the leading minds ap- Pakistan, Yemen or other locations, cir- Health, for the US Consulate in Jeddah, for proaching counter terrorism studies. One culated videos, or pockets of extremism in the Saudi Arabian Soccer Federation, the such meeting with one Pakistani numerous centers of gatherings including American University of Sharjah and other neuropsychologist piqued my interest suffi- mosques and this series of investigative settings. I have also been asked to visit hos- ciently to travel to the North West frontier hearings have revealed that. The essential pitals and meet physician colleagues in Province of Pakistan (now renamed KPK) in construct is the same—separation, suprem- Pakistan. Most recently in November 2011, as March 2012 to visit Malakand, now secured acy and unquestioning acceptance of nihi- a visiting professor I was invited by FIFA to by the Pakistani military. There, I spent listic ambitions—including the deployment the first meetings evaluating impacts of three days at ‘Sabaoon’, the Pakistani of brutally violent measures—all of which Ramadan on the elite Muslim footballer con- school founded by civilians to deprogram collude to eradicate any other diversity. vening in both Doha, Qatar and in Riyadh, child militant operatives engaged in mili- Since 2009, I have authored dozens of Opin- Saudi Arabia. tancy with the Pakistani Taliban. There I ion columns and Editorials published in the

VerDate Mar 15 2010 03:55 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.001 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1256 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2012 mainstream American, British, Dutch, colleagues in the Middle East wrote to me On July 27th 2011, Ahmed Hussen, Presi- Israeli and Pakistani press examining the with encouragement. They see my support of dent of the Canadian Somali Congress recog- politics and theology of radical contem- America in general as ‘collusion’. nized our vulnerability in this ideological porary Islamist ideologies. A recent publication on Huffington Post is battle of Islamism with Islam and Unsurprisingly, I have learned the con- more encouraging of the Muslim American Islamism’s exploitation of victimhood ‘There sequences of opining in the free press. I have reaction. In it I wrote about my Evolution as has not been a parallel attempt to counter been subject to personal attack and abuse an Anti Islamist Muslim and I found it gen- the toxic anti Western narrative that creates online. In my journalistic activities I also erated an overwhelming response many of a culture of victimhood in the minds of have learned how difficult it is for American them very positive from self identified Mus- members of our community.’ This confirms newspaper editors, American network tele- lims who commented my views to be ahead the utility to Islamists of cultivating a man- vision producers and American media book- of the public awareness and supported my ufactured sense of victimhood among vulner- ers to approach either solicited or unsolic- endeavors and views including my call for able Muslims. ited opinion pieces or television interviews the exposure of the imposter of Islamism to MY MOTIVATION TO ENTER THE PUBLIC concerning issues pertaining to Islam. There be distinguished from Islam. DISCOURSE: TO COMBAT ISLAMISM has been a distinct chill in the public dis- It is however important to add that as an In the years since 9–11, every Muslim has course including here in the United States Anti-Islamist Muslim my community IS been compelled to confront his or her iden- which is driven by the rising cries of America, as Islam demands it, not an entity. This has been a direct function of the Islamophobia, the advancing grip of Islamist clave within America, but the entire nation. martyrdom terrorism acts of 9–11. Since claims of defamation of Islam which they ad- These investigative hearings while entitled then, the lay audience and much of expert vance through Islamist Lawfare, the inter- to examine the reaction of American Mus- opinion has been unable to separate nationalization without protest of Blas- lims within their communities might be bet- Islamism from Islam. Today this is our phemy laws and the general fear of political ter expressed as our reaction within America greatest challenge. Distinguishing Islam and ‘incorrectness’ which leads to an enormous because this is what Islam teaches us—that Islamism requires nuance and care, which loss of counter-arguments in the debate we must collaborate, cooperative, enhance few in the media are prepared to provide or about Islamism and its distinctions from and contribute to the community sur- even qualified to identify. rounding us, and not remain in insular, dis- Islam. Some, while well intentioned but deeply engaged groups which engender and then em- THE REACTION TO THE HEARINGS IN THE MUSLIM uninformed, retaliate against the sound in- power silos of disconnection and disaffection. COMMUNITY telligence and counter measures that must Unfortunately the reaction in wider Amer- My community begins with my family who be taken, including mechanisms such as ica to these investigative hearings has been not only supports these hearings but have these investigative hearings, and instead un- initial vilification and later disdain as mani- welcomed them. We have a large family wittingly collude with the non violent mani- fested by the extraordinary disinterest of the thriving in the United States from coast to festations of the Islamists which have long mainstream media in the hard findings of coast, settled in this country since the 1960s. since evolved to new elements masquerading these hearings. This uninformed response One of my family members, my cousin, has as the ‘peaceful’ translators and ‘owners’ of has not been redirected by informed moti- served in the United States Navy. Earlier Islam. I am here to tell you non-violent vated media coverage despite the oppor- than that, some of my maternal Uncles Islamists are not the owners of Islam nor is tunity to redress the balance, revealing the trained and studied in 1950s America as in- their intent peaceful. wider media may itself have some discomfort vited scholars. Many of us are American citi- I was in Riyadh, Saudi Arabia when the denouncing Islamism. zens. We are also very well acquainted with Towers fell. Within hours, I discovered my the abuses and discrimination that pass for HOW I INTERPRET THE FINDINGS OF THE sentiments of loss and sorrow were not wide- ‘official Islam’ as expressed in Islamist Paki- HEARINGS ly shared, either by Saudi physician col- stan and are extremely aware of the hazards These investigative hearings reveal leagues or by fellow non Saudi Muslim expa- of empowering those who espouse a suprema- radicalization is ongoing in multiple sectors triate workers, many of whom had been cist ideology born of Islamism but right here in the United States, in our civil- trained by Americans in New York City like masquerading as Islam. To my surprise not a ian community, in our military community myself or other cities in the United States— single member of my family discouraged me and in our prison community. Muslims in some of us even shared the same professors from participating in these investigative America can be radicalized despite the best of medicine. hearings even though they remain aware of efforts of their parents or mentors. We also This discovery came as a terrible shock to the risks this can pose to me in my every have learned radicalization in America is my naiveties at the time and I was patroniz- day life. usually facilitated by handlers and Islamist ingly ridiculed for being so ‘pro-American’. I I also have a vibrant Muslim readership seducers who operate on multiple planes realized the version of Islam my parents had among my almost 100,000 readers of my book, using multiple forms of media and are facile given, and our reverence for the nations who who communicate with me through social at identifying or exploiting the vulnerable. had sheltered and reared me—Britain and network platforms, letters and emails or re- This is exactly how Pakistani Taliban the United States—wasn’t widely accepted. spond on line to articles I have authored in Islamists operate in Pakistan and elsewhere That fellow physicians, as highly trained and almost every major mainstream publication based on what I have seen in person and my as privileged as I, could be elated at the loss in the United States. Many of my self-identi- extensive reading of, and meetings with, of life and the transient bowing of America’s fying Muslim readers express fear that the counter terrorism experts. We cannot ignore spirit utterly displaced me to a new, harsher investigative hearings will misrepresent the domestic risks here and threat both to reality. Islam and fuel Islamophobia while also ex- our national security, and by extrapolation, In the wake of 9–11, I saw Osama bin Laden pressing excitement that this discussion is to international security. I cite a few exam- feted as a hero in Pakistan, nation of my entering the public space in such an auspi- ples revealed by these investigative hear- matrilineal and patrilineal heritage. On one cious arena. Their sentiment about the in- ings: trip I recall a Pakistani driver in Karachi ex- vestigative hearings revolve more around the On December 7th 2011, Daris Long, father plaining to me why 7 years after 9–11, Paki- scrutiny of activities of some Muslim Ameri- of a son murdered by radical Islamists testi- stani families were still naming their cans rather than the actual findings of the fied ‘‘the political correctness exhibited by newborns Osama in his honor. He was still investigative hearings which few of them the government over offending anyone in ad- deified, recognized by many as a ‘defender’ of could cite. mitting the truth about Islamist extremism Islam, a ‘warrior savior’. Nothing could be For my support of these investigative masked alarm bells that were going off. more offensive to my beliefs as a Muslim or hearings and for my writings sympathetic to Warnings were ignored, Major Nidal Hassan my principles as a human being. This was ex- the concerns of these investigative hearings was able to openly praise the Little Rock traordinarily difficult to reconcile with the I have also been subject to intimidation on shootings in front of fellow army officers and knowledge that Islam condemns all murder, Twitter often from self-identifying Muslims then commit his own jihad’’. This is con- and particularly the execution of non-com- who clearly denounce these hearings. Their sistent with the shortcomings of language batant civilians in any setting. In my mind abusive hostility is largely centered on the and the paralysis of political correctness Bin Laden and his sympathizers had re- claim that my views supportive of these in- that I identify as one of the barriers to ex- nounced Islam by their acts and represented vestigative hearings as unrepresentative of amining radical Islamism in the United nothing more than violent terrorists and Muslim Americans. States. those who named their firstborns after On a professional level many of my former On March 12th, 2011, Melvin Bledsoe testi- Osama were lionizing nothing more than a academic Muslim colleagues now eschew fied that his son Abdul Hakim Muhammad mass murderer. contact with me as my political voice has was ‘brainwashed’ by Nashville Muslims Soon after my return from Saudi Arabia, I become more widely heard, some because of leading to his terrorist training in Yemen to began to record my experiences in a manu- the personal affront it causes them and oth- return to murder one soldier and injure an- script that would become my first book, In ers because they are beholden to theocractic other at a US military recruitment center. the Land of Invisible Women now in its 10th Muslim states and now see their relationship This confirms the same forces seducing a edition and published in 13 countries includ- with me as a risk. It is significant that only Pakistani schoolboy in the SWAT are at ing Muslim majority Senegal, Indonesia, one member of my circle of academic Muslim work in the American heartland. Turkey, Pakistan and Mauritius. Realizing I

VerDate Mar 15 2010 03:55 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.002 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS July 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1257 would be representing two versions of a Muslim woman without civil rights as Muslims and the outcries of the offended lib- Islam—mine, and that espoused by the the- predicated by my two years living under eral. The false claims and crocodile tears of ocracy of Saudi Arabia—I needed to broaden Wahabi theocracy without any civil or Islamophobia and the encroaching advance- my reading around key areas. human rights including those Islam be- ment of the idea of defamation of religion It was in my reading that I discovered the queathed me 1500 years ago. I also under- which is pushed by the Organization of the political ideology termed Islamism, and the stand the total extinction of civil rights on Islamic Cooperation (OIC) elsewhere, here in many strains of contemporary radical minorities—both Muslim and non Muslim— America intimidates journalists, news media Islamism, both violent and non-violent. I as experienced in Islamist Pakistan as de- and others from engaging in dialogue who learned unlike my own experience, many scribed to me by Christians, Ahmadi Mus- may face spurious lawsuits if they dare en- Muslims struggled with a pervasive sense of lims and Zoroastrians during my last visit to gage in this dialogue. inferiority, influencing their beliefs, sense of Pakistan and in my extensive contact with These profound problems with language justice and identities leading to deep and minorities. have extended to the US government decree rather novel resentments. The fascist su- I have lived the impact of the Islamist nar- banning enforcement agencies from dis- premacy of Islamist ideologues was therefore rative both in Saudi Arabia, during my ex- cussing the very threats we have heard at a predictably appealing, if very frightening tensive travels in Pakistan and in my years this series of hearings, banning the word development, which was completely alien to treating Americans in New York as well as ’Islamist’ for instance. This sanitization of the Islam I knew. when examining the lives of my orthodox our lexicon reveals a shocking and perhaps Over this decade the Islamist voice has be- Bengali British migrants in East London or specious reluctance to engage with the prob- come increasingly prominent both in the training some of the very neo-orthodox Mus- lem or worse, a foolhardy embrace, uninten- United States and globally—whether in ad- lim doctors of that area. tional or otherwise, with the Islamist stance. vancing the intrusion of the ritual sym- MUSLIMS ARE NOT VICTIMIZED BY THE HOME- IN CONCLUSION bolism of Islam into the public space—for in- LAND SECURITY COMMITTEE’S INVESTIGA- Islam is nothing if not justice. Any injus- stance the battle for the niqab in the public TIONS tice committed or pursued in the name of arena in France, the demands for the veil to As you learn of my biography, know that I Islam is anathema to the believing Muslim be permitted in FIFA soccer tournaments, or am part of an economically powerful Amer- and counter to the ideal which is Islam, yet the most recent debacle involving the vili- ican demographic. According to Pew Forum Islamists demand unjust abominations— fication of the NYPD for their counter ter- data Muslims are mainstream and mostly foundational to their beliefs—of their sub- rorism efforts drawing false accusations of middle class. I am rather representative. scribers. Muslim profiling. Like me, 65% of Muslims in America are Muslims must remember their duties, not Throughout the world, including in the first generation and 18% of us have South only to themselves, or their Maker, but also United States, the Islamists’ goal is one and Asian heritage. The majority of foreign-born to their society wherever they find them- the same: to stoke the fires of unwitting Muslim Americans arrived, like me, in the selves. Unlike Islamism which mandates it, Muslims into believing in their own manu- 1990s—50% of us have moved here for eco- Islam reviles claims to supremacy, instead factured sense of victimhood as a means to nomic or educational opportunity—I did so appealing for humility. The Prophet Moham- exploit both the uninformed Muslim and for both reasons. 46% of us are, like me, med (SAW) himself admonished his followers often times the liberal democracies where we women, and around 31% are my age—be- not to make claims of supremacy over make our homes. It is this last fallacy, of tween 40 and 54. We are a multiracial multi- Moses, or indeed any other messenger of collective victimhood, that most fuels my ethnic group with over 68 different nationali- God. The Qur’an repeatedly reminds the drive to expose Islamism for what it is—a ties before becoming American. Our income Muslim that ‘to each is sent a Law and a weak yet vicious imposter for a great reli- and education reflects the US public and 16% Way’ and to each they must ‘judge them- gion, an imposter which seeks to exploit and of us earn more than $100,000 annually com- selves by their Law and their Way’. Islamist devour both Muslims and non Muslims alike pared to 17% of the general US public who do Muslims overlook this and many other prin- in its pursuit for power and dominance. the same—a 1% disparity. ciples of Islam. These forces are at work as we testify now in In my native Britain, the income disparity Our role as believers is to cooperate and this room at this hearing—an effort by three for those Muslims who earn over 40,000 ster- collaborate and enhance the world, not to Muslims which will predictably be derisively ling annually is more than 10%. Equivalent oppress, discriminate, exclude or murder labeled as a collaboration in our own perse- incomes earned in France comparing be- others. Major Muslim majority nations cution. I am here to testify that nothing tween Muslim and average public show even under the guise of democracy—foremost could be further from reality. greater disparity of 12%, in Germany 14% in Pakistan—are operating as Islamist Su- CIVIL LIBERTIES OF MUSLIMS ARE NOT AT STAKE Spain 19%. premacists who legally persecute Muslim Many critics of these investigative hear- Muslims in America have achieved more, and non-Muslim minorities to extinction ings (both Muslim and not) charge them with faster, and more often, in America than in with impunity. These are not the ways of a threat to Muslims’ civil liberties in Amer- any other Muslim Diaspora setting. My expe- Muslims. These are the ways of fascists. ica. My most vociferous opponents, referring rience is very much the mainstream Muslim We must redirect media interpretation and to Muslims’ American civil liberties, state: American experience. I ask the committee to expose their bias and painful lack of contex- ‘give away your freedoms not mine’ (an recognize that most Muslims are not mis- tual perspective while commending the ef- American Muslim); ‘This is not 1910 America treated by efforts to protect our integrity as forts of these investigative hearings in an- and what happened to the Jews—Jews have Americans though they are certainly enti- ticipation of future hearings which will sure- only just stopped walking on eggshells in tled to be offended at these efforts and Amer- ly assess progress, intervention and outcome America. Watching what’s happening to ica guarantees their right to be offended. data of measures enacted since. Muslims makes me sick’ (an American Jew); The offence claimed by many Muslim We also cannot examine the radical ‘We need a Rosa Parks to stand up for Mus- Americans whether at the first hearing in Islamist threat in the United States in a do- lim rights’ (a non Muslim American); ‘Park this series or for instance pertaining to the mestic vacuum. This is a transnational, 51 shows Muslims do not have civil rights’; NYPD’s activities more recently, is mis- cross-continental issue mandating an inter- ‘some want Lower Manhattan to be ‘An placed. Instead of denouncing methods of in- national response. While we have been pur- American Jerusalem’ (a non Muslim Amer- telligence gathering, Muslims in America suing conventional international warfare ican). They identify my support of these in- should be denouncing the findings of those and in fact have assassinated the leader of Al vestigative hearings as my collusion in the intelligence missions: the active Islamists Qaedah for instance, we have remained dan- fictional erosion of Muslim civil liberties. among us. The furore has been misdirected, gerously vulnerable because of our delayed While I respect the fears which birth these much to the benefit of committed Islamists realization of the political science aspects of concerns, I can firmly strip them aside. Mus- at work within this nation’s borders. Islamist ideology and the very serious threat lims in America do not have the painful his- WHY IS IT SO HARD TO DISCUSS THE ISLAMIST this poses to our democracy. These are tory of African Americans or of Jewish THREAT TO THE UNITED STATES OF AMERICA? vulnerabilities which cannot be safeguarded Americans. Our privileges as Muslim Ameri- There are serious shortcomings of lan- by drones, or gunships but instead must be cans today have been guaranteed in part by guage in engaging in this particular dis- secured by counter ideological warfare which the struggles of the Civil Rights era and by course. In the post 9–11 era there has been a begins here, by widening the debate, discus- the travails of the Jewish Americans before gravitation towards extreme speech and a sion and scholarship in this arena. us. We do not, in any extrapolation, face pervasive lack of integrative complexity in There is an overwhelming need for focused similar disadvantages as earlier American public speech as shown by critically impor- examination of the interface of Islam and history reveals. To claim such is a gross dis- tant research performed at the University of Islamism. These investigative hearings pro- tortion of history and demographic data in Cambridge among others. Such lack of nu- vide the first public foray examining this di- the United States proves this. ance is very well exploited by the cultivating vide in real-time as expressed in contem- I would also add I denounce the above as- Islamist. porary America. Until these questions are sertions of an equivalency between the The arrival of a sense of ‘otherization’ of asked, and later answered, until more Amer- sufferings of other minority populations in Muslims into the public lens has facilitated ican Muslims confront the discomfort of America and that of Muslim Americans with the grip of Islamist Lawfare on the public disarticulation from their unquestioning some authority. I understand all about being dialogue—fueling both the victimhood of brotherhood with the ‘Ummah’ and its worst

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elements, the shifts between Islam, Islamism HONORING CHARLES M. ‘‘SKIP’’ SIONAL RECORD a summary report drafted by a and the West, between puritanical Islamists RUSSELL three-man medical team led by former pro- masquerading as Muslims and true moderate fessor Joseph Lin, Ph.D., and professors of non Islamist Muslims, will continue to be tectonic and devastating. HON. JOE COURTNEY the University of California at Davis Medical In my position of privilege and oppor- OF CONNECTICUT Center, Ken Yoneda, M.D., and Charles tunity, one shared with many Muslims in IN THE HOUSE OF REPRESENTATIVES Whitcomb, M.D., who visited Mr. Chen Shui- America, if I do not oppose Islamism, I am Bian in jail in Taiwan last month in their ca- failing in my Muslim duty to American soci- Tuesday, July 17, 2012 pacity as private citizens. The report is titled, ety and in failing American society, I pro- Mr. COURTNEY. Mr. Speaker, I rise today ‘‘The Effects of Incarceration on the Mental foundly fail as a Muslim. I am reminded of a to honor a great constituent. Charles ‘‘Skip’’ and Physical Health of Former President Chen saying attributed to the Prophet Mohammed Russell of Enfield, Connecticut passed away Shui-Bian of Taiwan.’’ A full transcript of the by one of his companions who recounted it to earlier this week and will be interred with Mili- report is available here: http://www.fapa.org/ an early believer: _ _ _ _ ‘‘Whoever sees a wrong and is able to put it tary Honors at St. Patrick King Street Ceme- public/CSB Report to TLHRC 12Jul2012.pdf. right with his hand, let him do so; if he tery. Skip was a mentor and friend to many, These medical professionals traveled to Tai- can’t, then with his tongue, if he can’t, then coaching Little League for over ten years, and wan in June 2012 to assess President Chen’s with his heart. That is the bare minimum of serving as the Past Grand Knight of the physical and mental condition, and to inquire faith’. Knights of Columbus Council 50. An Enfield into reports of inhumane living conditions and This, having both hand, tongue, and heart, resident since 1951, Skip began as an em- confinement. The physicians concluded that I am committed to live by and therefore I ployee of Bigelow-Stanford Carpet Company. President Chen’s imprisonment conditions are thank you Chairman King, Ranking Com- He later served as Sales Manager with Nut- contributing to President Chen’s health prob- mittee Member Congressman Thompson and the distinguished members of the Committee meg Building Supplies for 35 years until his lems. In their recommendations the report on Homeland Security for enabling me to retirement in 1992. concludes: ‘‘Former President Chen Shui-Bian fulfill the bare minimum of my belief today. During World War II, Skip was also proud to [should] be released from confinement on serve his country in both the Merchant Ma- medical parole based on the above assess- f rines and the United States Army. For his ments, conclusion and recommendations, and NATIONAL STRATEGIC AND CRIT- years of outstanding service, Skip was award- on compelling humanitarian grounds.’’ ICAL MINERALS PRODUCTION ed the World War II Victory Medal. Committed I am entering this report into the CONGRES- ACT OF 2012 to supporting veterans and their families, he SIONAL RECORD and, in light of the conclu- remained a lifelong member of AMVETS. sions, ask that the distinguished Tom Lantos SPEECH OF Even after his retirement, Skip was a dedi- Human Rights Commission investigate this im- HON. CHRIS VAN HOLLEN cated and active participant in local grassroots portant case at its earliest convenience. politics of Enfield, Connecticut. As a member REPORT TO THE TOM LANTOS HUMAN RIGHTS OF MARYLAND of the Enfield Democratic Committee, Skip COMMISSION, UNITED STATES HOUSE OF REP- IN THE HOUSE OF REPRESENTATIVES contributed enthusiastically to local efforts. He RESENTATIVES Thursday, July 12, 2012 was always the first at Headquarters to volun- AN ASSESSMENT AND RECOMMENDATIONS The House in Committee of the Whole teer for projects, and he could always be THE EFFECTS OF INCARCERATION ON THE MEN- House on the state of the Union had under counted on to have a car trunk full of signs TAL AND PHYSICAL HEALTH OF FORMER PRESIDENT CHEN SHUI-BIAN OF TAIWAN consideration the bill (H.R. 4402) to require and hand cards, and pockets stuffed with the Secretary of the Interior and the Sec- stickers and buttons. Skip was an eloquent (By U.S. Citizen Medical Team—Joseph Lin, retary of Agriculture to more efficiently de- supporter of Social Security and Medicare at Ph.D., Ken Yoneda, M.D., Charles velop domestic sources of the minerals and numerous public forums in the Enfield area. Whitcomb, M.D.) mineral materials of strategic and critical His passion and energy for the political proc- July 12, 2012 importance to United States economic and ess will be fondly remembered by all his fellow SUMMARY national security and manufacturing com- Former President CHEN SHUI-BIAN (CSB) petitiveness: campaigners, as well as the many elected officials and candidates who were fortunate has been in and out of detention since No- Mr. VAN HOLLEN. Madam Chair, today’s enough to meet him. vember 12, 2008 and incarcerated in Taipei legislation has more to do with undermining Skip Russell’s legacy is not just that of a de- Prison, Taoyuan County since Dec. 2, 2010. environmental review of mining on public On Monday June 11, 2012 a team of three pri- voted father, husband, and servicemen, but vate United States citizens (a Ph.D. team lands than the production of rare earths and also of an engaged and involved citizen in his other critical minerals, and I will oppose it leader, and two medical doctors) evaluated local community. Skip will be dearly missed by CSB in Taipei Prison with the purpose of as- today. his wife, children, grandchildren, great grand- sessing his medical health and the conditions Specifically, H.R. 4402 would let mining child, and all those in Enfield whom he of his confinement amidst reports of his fail- companies operating on public lands set time touched with his years of community service. ing health and potential human rights viola- limits for each part of the environmental re- I ask my colleagues to join me in mourning tions. They were allowed to interview and view process and then arbitrarily cap total en- the loss and honoring the life of Skip Russell. examine him for approximately fifty-five vironmental review time at 30 months. The bill minutes, had access to much of his medical f then elevates mining over hunting, fishing, records, and interviewed three independent grazing, conservation and any other public THE EFFECTS OF INCARCERATION Taiwanese physicians who had seen him as visitors to the prison but who were not a purpose and places new restrictions on judicial ON THE MENTAL AND PHYSICAL part of his prison appointed medical team. review. Finally, the definition of ‘‘strategic and HEALTH OF FORMER PRESIDENT The visit was followed by detailed discus- critical minerals’’ in this legislation is so broad CHEN SHUI-BIAN OF TAIWAN sions with the Taiwan Medical Panel which as to encompass virtually every mineral that is included the three physicians mentioned or could be mined on public lands—including above. HON. ROBERT E. ANDREWS CSB has been imprisoned for over four such common materials as sand, clay and OF NEW JERSEY gravel. If the majority was seriously interested years; sometime in late 2011 or early 2012 he IN THE HOUSE OF REPRESENTATIVES began experiencing increasingly more severe in targeting the production of strategic and crit- Tuesday, July 17, 2012 and debilitating symptoms, which cul- ical minerals on public lands, we would have minated in his transport to two different adopted the amendment offered by our col- Mr. ANDREWS. Mr. Speaker, as a strong hospitals for medical evaluation. He de- league Rep. PAUL TONKO expressly for that supporter of Taiwan and a founding member scribed ongoing episodes of severe paroxysms purpose. Instead, the Tonko amendment was of the Congressional Taiwan Caucus, I would of dyspnea (difficulty breathing) with no ap- defeated on a party line vote and so we are like to bring to your attention an issue of con- parent triggers, accompanied by a sensation left with the serious defects of the underlying cern to Taiwanese Americans and the people of choking and feelings of great dread, as if legislation. of Taiwan. he was going to die. These episodes were at times accompanied by chest tightness, a Madam Chair, we can responsibly develop The former President of Taiwan, Mr. Chen feeling of congestion not allowing him to our natural resources and protect our environ- Shui-Bian, is currently serving a 19-year pris- take either a deep breath in or out. While ment at the same time. H.R. 4402 ignores that on sentence for corruption charges. He has the episodes have become perhaps less fre- central truth and should be opposed by every been incarcerated for over 1,200 days thus quent and less severe since he regularly member of this body. far. Today, I am inserting into the CONGRES- started taking esomeprazole around mid-

VerDate Mar 15 2010 03:44 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.004 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS July 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1259 May, 2012 for gastro-esophageal reflux dis- His chest x-rays reportedly revealed atelec- 9. That there be immediate improvement ease (GERD), esophagitis (inflammation of tasis and his bronchoscopy revealed a lesion in his confinement conditions at the very the esophagus), duodenitis (inflammation of in his bronchus. Unfortunately, the medical least, in accordance with Standard Minimum the duodenum) and gastritis (inflammation team was unable to personally review his Rules of the Treatment of Prisoners (Adopt- of the stomach), they continued to be quite radiographs, bronchoscopy pictures, cardiac ed by the First United Nations Congress on debilitating in nature. Even at rest he con- catheterization films and echocardiogram to the Prevention of Crime and the Treatment tinued to have a sensation of congestion and help complete their evaluation. of Offenders, held at Geneva in 1955, and ap- the feeling that he could not get a good The individual members (admitted non-ex- proved by the Economic and Social Council breath in or out. It is notable that he had perts on international human rights of pris- by its resolutions 663 C (XXIV) of 31 July, never experienced similar episodes prior to oners) of the medical team all felt that the 1957 and 2076 (LXII) of 13 May, 1977). his incarceration. As well, he described pro- prison conditions as described to them were 10. That a full investigation be conducted gressive dyspnea on exertion over the prior 6 unacceptable for the general prison popu- by independent third parties specifically months. Previously he could jog approxi- lation and they raised concerns regarding human rights specialists to determine if the mately 1.5 miles but now he could not walk the human rights of all prisoners in Taiwan. Taipei Prison authorities are in compliance at a normal pace without getting dyspneic. Furthermore, the team found it deeply dis- with international standards of incarcer- Chen is confined to a small cell, approxi- turbing that any prisoner who was this ill, ation and if CSB’s human rights are being mately 58 square feet that he shares with an- would continually be subjected to these se- violated. other inmate, and is allowed to be outside vere conditions. For a former President of 11. That the Tom Lantos Human Rights his cell for only one hour a day. Until re- Taiwan to be confined under such conditions Commission convene a hearing to determine cently he had been permitted to be outside was considered unimaginable. the facts and extent of human rights viola- his cell for only 30 minutes a day. Around The consensus recommendations of the tions concerning the incarceration of CSB. May of 20, 2012, it was increased to 60 min- team were that former President CHEN 12. That former President CHEN SHUI- utes a day. In contrast, other prisoners are SHUI-BIAN be evaluated at a comprehensive BIAN be released from confinement on med- allowed outside of their cells for eight hours tertiary care center and that the doctors be ical parole based on the above assessments, a day to work and interact with other pris- allowed to fully evaluate him, to review his conclusion and recommendations and on oners. He stated that his cell is at times cold records in their entirety, to speak to his pre- compelling humanitarian grounds. and damp and at other times hot, humid and vious treating physicians and to have access Submitted by: damp, having inadequate ventilation and no to directly view any and all of his JOSEPH LIN, PH.D. air conditioning. He sleeps on the floor, radiographs, spirometry, bronchoscopy pic- KEN YONEDA, M.D. which can be cold and damp, and experiences tures, cardiac catheterization films and CHARLES WHITCOMB, M.D. chills despite blankets. He feels depressed, echocardiogram. In addition, it was con- f experiencing anger and tearfulness, worries a cluded that the harsh conditions of his con- great deal, has frequent nightmares and feel- finement were an ongoing source of great IN HONOR OF CORPORAL JOSHUA ings of hopelessness that have all worsened emotional and physical stress and must be with the ailing health of his wife and moth- SAMS, UNITED STATES MARINE significantly improved otherwise his symp- er. He denied suicidal ideation, stating the SCOUT SNIPER toms and his health will continue to deterio- he must fight on for the sake of his family rate. As physicians without specific exper- and country. While confined to his cell, he tise in psychiatry or psychology they could HON. MICHAEL R. TURNER must kneel on the ground to write and con- not determine whether CSB met the criteria sequently suffers from chronic pain in his OF OHIO for an adjustment disorder, major depression knees. IN THE HOUSE OF REPRESENTATIVES or post-traumatic stress disorder (PTSD), Despite good cooperation from the prison Tuesday, July 17, 2012 officials, extensive consultation with other but voiced concern that he could develop local physicians, and a thorough review of such problems if his conditions of confine- Mr. TURNER of Ohio. Mr. Speaker, today I the available medical records, the three-per- ment remained unchanged. They could not am speaking in honor of United States Marine son team concluded that adequate assess- offer an expert opinion as to how much his conditions needed to be improved to avoid Scout Sniper CPL Joshua Sams of Wil- ment of CSB’s medical condition and his mington, Ohio. On January 12th, 2012 while conditions of confinement required further psychological damage or whether at this evaluation. They had grave concerns regard- point it was at all preventable. on foot patrol, CPL Sams almost lost his life ing CSB’s health and believe that it will con- RECOMMENDATIONS in an improvised explosive device, IED, explo- tinue to deteriorate, should he remain in his After careful consideration, the team sion in Helmand Province in Deply Marsh present prison confines. Although his evalua- makes the following recommendations: Garsha, Afghanistan. Losing both his legs and tions at Taoyuan General Hospital and 1. That former President CHEN SHUI- suffering numerous other injuries, Joshua with Chang Gung Memorial Hospital together ap- BIAN (CSB) be transferred to a tertiary care only his will to live has come back from the pear comprehensive and of high quality, his medical facility where he could receive sub- brink of death. His father Peter, who served in recent hospitalization at Chang Gung Memo- specialty evaluation care. the Air Force in the Vietnam War and Josh- rial Hospital was limited to around 6 hours 2. That consideration be given to the re- and his symptoms remain incompletely ex- ua’s lovely wife Lindsey are the unsung he- quest by CSB and his family that he be eval- roes of the family. They have stood by Joshua plained. His medical evaluation thus remains uated at National Taiwan University Hos- incomplete. Stress, without a doubt was be- pital given his familiarity with and trust in throughout his recovery. Joshua has always lieved to be a major contributor, if not the the facility where he had previously been been a winner in the game of life. Whether a major cause of his symptoms, but his symp- evaluated during his Presidency. star quarterback who led his team towards a toms in conjunction with the spirometry 3. That he be evaluated by a team of physi- championship in high school in Ohio, or on the (breathing tests) that he was not able to cians consisting of at minimum the fol- battlefield of honor, his character, courage, complete satisfactorily, but displayed se- lowing: and leadership as a Marine and Scout Sniper verely reduced inspiratory and expiratory a. A physician with specific expertise in have inspired all who have been around him. flows, suggest he may have vocal cord dys- vocal cord dysfunction. function (VCD) with severe intermittent b. A pulmonologist. On this day, in tribute to CPL Sams, remem- vocal cord spasm. This disorder can be very c. A cardiologist. ber why we live in such a great Nation, and difficult to diagnose and treat and often re- d. A psychiatrist. remember men like Joshua and their fine fami- quires very specialized expertise to accom- e. A primary care physician or hospitalist. lies who provide the bed of Freedom for all of plish. This problem will likely continue in 4. That full pulmonary function testing be us. Remember the fallen heroes and their the presence of his present stressors and will conducted including lung volumes and DLCO families. I ask that this poem penned in honor worsen with additional and ongoing with particular attention paid to the flow of Joshua and his family by Albert Caswell be stressors. Certainly gastro-esophageal reflux volume loops. placed in the CONGRESSIONAL RECORD. can precipitate and worsen VCD and in his 5. That there be a review of his echocardio- case treatment appeared to have amelio- gram specifically looking for Takotsubo’s GOING DEEPPPPPPP! rated, but had not satisfactorily controlled cardiomyopathy. That his cardiac catheter- Going . . . his symptoms. In addition, the ization film be reviewed. Going Deeppppp! bronchiectasis seen on his chest CT, suggests 6. That a review of his chest CT be per- All In The Game of Life . . . that he may have been chronically aspi- formed. What will our hearts so seek? rating gastric acid into and damaging his 7. That a cosyntropin stimulation test, And so strive for to achieve! airways. Coronary artery disease and struc- thyroid function tests, ferritin, iron binding Will we fall short? tural cardiac disease did not appear to be the capacity and an evaluation of his hepatitis Or will we go deep? cause of his ongoing symptoms, but condi- status be considered. All in our hearts of honor, tions such as stress cardiomyopathy, evolv- 8. That further evaluation and testing what promises will we so keep! ing pulmonary arterial hypertension and would be at the discretion of the evaluating All in our souls, thromboembolic disease are considerations. physicians. to so strive for and so very deep!

VerDate Mar 15 2010 03:44 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.007 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1260 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2012 Will we shine bright? and In The Game Of Life you have so many the British, and another in which American Will we put it all on the line? victories ahead my son, forces bravely attempted to take back the is- Will we make each shot so count, so many Championships to so achieve! land and its fort, but were ultimately repelled. all in our time to so complete? As all in your heart of courage to keep! According to local legend, fallen soldiers of As what you’ve always done, compete! Wam! this battle are buried at the Fort Mackinac Bam! Because, you put GD in Going Deeppppp! Post Cemetery, which by custom flies its flag Thank you Sams! f As Hero, your life is one that is ever so very at half-staff to honor the many unknown sol- sweet! CONGRATULATING COLONEL diers buried in its hallowed ground. This war Because, on battlefields of honor bright! AMANDA W. GLADNEY also marked the end of conflict between the There are but all those who so bring their United States and Great Britain and ultimately light! led to peaceful relations with England and Who aim so very high, HON. STEVE AUSTRIA Canada, two of our nation’s greatest allies. as onto greatness they so set their sights! OF OHIO The Mackinac Island State Park Commis- Who so make the shot, IN THE HOUSE OF REPRESENTATIVES sion has been a leader in preserving this and make it count all in that fight! Tuesday, July 17, 2012 proud history. Since the site of the first land Who but give all that they’ve so got! Mr. AUSTRIA. Mr. Speaker, I rise today to battle of the War of 1812 and an important Who so lead, not follow . . . and that says it memorial to our armed forces are both located all . . . that says a lot! congratulate Colonel Amanda W. Gladney for on this island, I would like to commend the Or on football fields of green . . . her outstanding service to our Nation and the There are but those who are so seen! United States Air Force. Commission, its board and its employees for Who come up to the line to so convene . . . It is an honor to join the people of Ohio’s their dedication to the island, its sites, its peo- Who do not follow, but so lead! Seventh Congressional District in congratu- ple, and its organization of this year’s bicen- tennial commemoration. For in The Game of Life, lating Colonel Gladney upon her relinquish- every step that we so take, I wish to extend my best wishes to the peo- will our very futures all so make! ment of command as the Commander, 88th ple of Mackinac Island, visitors, and the gov- All in what we have so left, Air Base Wing, Air Force Materiel Command, ernments of the United States and Canada as until we so take our last and final breath’s! Wright-Patterson Air Force Base, Ohio. they commemorate this solemn and significant Will this world our lives so bless? Colonel Gladney commands one of the larg- occasion. Will we go deep all in our life’s quest? est air base wings in the United States Air f Or will we come up short, Force, with more than 5,000 Air Force military, only to in our old ages our lives will we so civilian, and contractor employees. The wing IN REMEMBRANCE OF DR. ANNA regret! provides support and services to one of the SCHWARTZ When, we so realize . . . That In The Game of Life, our hearts were largest, most diverse, and most organization- not so pledged! ally complex bases in the Air Force including HON. KEVIN BRADY Better to die for something, a major acquisition center, research and de- OF TEXAS than live for nothing at all! velopment laboratories, a major command IN THE HOUSE OF REPRESENTATIVES Better to give up your two strong legs, headquarters, an airlift wing, and the world’s Tuesday, July 17, 2012 and walk like a hero and stand ever so tall! largest military air museum. The base is home Than, walk on two legs and crawl! to more than 27,000 employees and is the Mr. BRADY of Texas. Mr. Speaker, last Better to go deep, largest single site employer in the State of month, the United States lost one of its most and put it all on the line . . . than not at all! Ohio. pre-eminent minds. Do we do it? Anna J. Schwartz, perhaps the most pio- Colonel Gladney completed the 350 million Do we hear that call? neering economist in her generation, passed dollar Base Realignment and Closure Project, Or in the end, away at the age of 96. Dr. Schwartz had con- are we but left with nothing at all! including the completion of the Air Force’s siderable impact upon how academics and For In The Game of Life, largest military construction effort since World others think about monetary policy and the Cpl Sams, you’ve made a difference with it War II, and drove outreach efforts with all! role it can play in sustaining the economic 430,000-plus volunteer hours into the local health of nations. She was best known for co- And still you’re coming up to that line, community. I can attest to her solid reputation and going deep with that long ball each and authoring, along with Milton Friedman, ‘‘A every time! of dedication to and pride in the men and Monetary History of the United States, 1867– For, your life has been and will always be, women of the 88th Air Base Wing. 1960.’’ The book’s thesis attributed the worst all about going deep and making that call! For her strong dedication of service to our depth of the Great Depression to the Federal Because, some men are put upon this earth! community, I join the people of Ohio’s Seventh Reserve’s restricting the supply of money, To So Beseech Us, To So Teach Us . . . in all Congressional District in extending our best when it should have expanded it. Its conclu- their worth! wishes upon her new assignment as the Di- sions revolutionized both our understanding of To Lead one and all! rector of Communications for Special Oper- Yea, you United States Marine . . . that era and how its history was being taught. ations Command Europe in Stuttgart, Ger- The book was instantly recognized as a all in your most heroic shades of green! many and wish her ongoing success in all fu- As a sniper out into that darkness of night, classic in its field. ‘‘Anna did all of the work, or in the brightness of day unseen! ture endeavors and in this new capacity. and I got most of the recognition,’’ Friedman, Inspiring all of your brothers, fellow Ma- f who received the Noble Prize in economic rines! science in 1976, observed. Yea, just like on those football fields of HONORING THE MACKINAC ISLAND As he did most things, Friedman had that green . . . STATE PARK COMMISSION right. Had Anna either been born male or en- You’ve always completed the long one, tered the world a generation later, she cer- if you know what I mean! HON. DAN BENISHEK tainly would have won more plaudits than she And then when you lost your legs, OF MICHIGAN did and received those that came her way and death was but days away! You could have given up, and given way! IN THE HOUSE OF REPRESENTATIVES much earlier in her career. But, you’ve got miles to go before your last Tuesday, July 17, 2012 Yet in many ways, hers was the typical days! American story, one we would do well to keep And you’ve got hearts to so touch in so many Mr. BENISHEK. Mr. Speaker, it is my privi- in mind as we prepare to celebrate the 236th ways! lege to recognize the Mackinac Island State anniversary of our nation’s independence. As you run to day light each day! Park Commission on the occasion of the bi- The third child of Jewish immigrants from And you’ve got that lovely wife Lindsey who centennial of the beginning of the War of eastern Europe, Anna, at an early age, is the love of your life, 1812. This war reasserted America’s lasting showed that pioneering spirit that so charac- and so helped your heart to stay! independence and freed our country from for- terizes the best of America. While at Walton And children in the future to so raise some- eign invasion. High School in the Bronx, she showed a par- day . . . For you are the kind of son, Mackinac Island played a decisive role in ticular bend for economics, hardly a field that every Father so wished he so had one! the war effort. Ceded to the United States by known to be hospitable to women. ‘‘I found it Marine, for you are a Champion in all that Britain in 1796, Fort Mackinac was the site of more exciting than literature or foreign lan- you have done! two battles during the conflict: one in which guages.’’ She was only 18 when she grad- And it’s not even halftime yet, the fort was captured in a bloodless battle by uated from Barnard College. She would be

VerDate Mar 15 2010 03:44 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.009 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS July 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1261 well into middle age when she obtained her not necessarily just a house that we’re talk- continues to personify the qualities of a true Ph.D. ing about, it’s a family. Some clients come historian. Right until the end, Anna remained active in to us when things have very much deterio- Members of the Monmouth County Histor- her field. She lectured officials at the Federal rated, and they’re under a lot of stress and ical Association praise Ms. Blaisdell for her in- their health is at risk. Not everyone will Reserve when she thought they made wrong stay in the homes they’re in, but it’s better strumental role in launching the Historical As- calls and blissfully engaged in debates in the to be at peace than to try to keep a home sociation’s first Garden Party in 1975. At its in- opinion pages of newspapers to correct that they cannot afford and end up in a hos- ception, the Historical Association Garden misstatements of fact and of economics by pital. It’s difficult if you’ve lived in a home Party included an informal afternoon cocktail columnists she thought incorrigible. for a long time, and it’s the only place that party hosted by local residents. Ms. Blaisdell Looking back on her career, she quoted the you think you’re going to be okay. has remained an active Garden Party com- poet Wordsworth: Many times, even if they have family or mittee member for 37 years and continues to ‘‘Bliss was it in that dawn to be alive/But to friends, they feel embarrassed to let people lend her experience and expertise. Ms. know what they’re going through, so they be young was very heaven!’’ Blaisdell’s unending generosity has undoubt- I ask that the House join in paying tribute to suffer in silence. I tell them that regardless of the outcome, they’re not going to be going edly touched many lives throughout Central this most inspiring woman and in expressing through this by themselves. It’s my responsi- New Jersey. both our gratitude and condolences to her bility to encourage them and to lift them up. Mr. Speaker, once again, please join me in family. I tell them, ‘‘This is a house; you’re bigger congratulating Ms. Marie ‘‘Rie’’ Blaisdell for re- f than this, and you’re going to come out of ceiving the honor bestowed by the Monmouth this stronger.’’ TRIBUTE TO CARMEN CASTRO- County Historical Association. Her dedication I hear a lot of judgment out there of people and service continues to provide inspiration CONROY AND HUD-CERTIFIED that go into default, but I always think it HOUSING COUNSELORS could happen to anybody. I have clients who and insight for future generations of historians never thought they’d be diagnosed with can- throughout Monmouth County and New Jer- HON. CHRIS VAN HOLLEN cer. Never thought they’d lose a husband. sey. Never thought they were going to lose their f OF MARYLAND job. It makes me very conscious about how IN THE HOUSE OF REPRESENTATIVES one day you could think you have every- HONORING THE CITY OF RALSTON, Tuesday, July 17, 2012 thing, and the next day your life could dra- NEBRASKA ON ITS 100-YEAR AN- matically change. NIVERSARY Mr. VAN HOLLEN. Mr. Speaker, I rise to I just got an outcome this week of a case bring to my colleagues’ attention the ‘‘First I opened in January 2011. This was a client Person Singular’’ interview by Amanda whose husband left her with five children to HON. LEE TERRY Abrams that appeared in the Washington Post care for. She went from being a stay-at-home OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES magazine on Sunday, July 15, 2012 about my mom to finding a full-time job, but her in- constituent, Carmen Castro-Conroy, the senior come still wasn’t enough to make regular Tuesday, July 17, 2012 HUD-certified housing counselor serving my mortgage payments. She just qualified for a permanent modification, so she’ll be able to Mr. TERRY. Mr. Speaker, I rise today to congressional district. stay in the property. honor the city of Ralston, Nebraska, for its I commend this article to my colleagues be- I love what I do. I was thinking about this 100-year anniversary. cause it highlights the dedication and compas- during the weekend, during Mass. This is one Ralston is a city with a population of roughly sion of the HUD-certified counselors who are way to show that you love God, working in 6,000 people, all of which are extremely hard assisting those hardest hit by the housing cri- the face of people that are in trouble, people working and are some of the friendliest people sis. These counselors, whose services are that are suffering. Before ’08, I was working you will meet. It provides its residents with a funded by the federal government, help home- in a home-ownership education program. We small town atmosphere inside of Nebraska’s owners who are behind or at risk of becoming were all pulled out from that to serve in foreclosure intervention counseling. We largest city. behind on their mortgages to analyze their op- didn’t know how long it was going to last, Ralston was founded in June 1912 with a tions, prepare modification applications, and and now we’re in the fourth year of crisis. population of about 200 people. The popu- advocate on their behalf. Statistics show that And we don’t see the light at the end of the lation continued to grow until March 23, 1913, homeowners who utilize these counseling tunnel. when a devastating tornado destroyed much services have greater success in obtaining Mr. Speaker, I am honored that Carmen of the town. The residents banned together mortgage relief from their lenders than those Castro-Conroy is my constituent and that she and decided to rebuild a better, more beautiful who do not. is able to provide such outstanding service to city. My staff and I have worked with Ms. Castro- so many others. The city of Ralston is recognized across the Conroy since the housing crisis began. She is State as being a great place to raise a family. f a leader in her field—a truly outstanding, pro- The city plays host to family friendly functions fessional and dedicated public servant. As Ms. IN RECOGNITION OF MS. MARIE throughout the year and works to promote a Castro-Conroy notes in her interview, applying ‘‘RIE’’ BLAISDELL safe place for families to reside. Ralston has for assistance is often emotionally difficult— been ranked as one of the top cities to relo- and made even more so by the poor quality of HON. FRANK PALLONE, JR. cate to in America and one of the most secure service homeowners so often receive from the OF NEW JERSEY places to live in America by national Web banks. Counselors like Ms. Castro-Conroy IN THE HOUSE OF REPRESENTATIVES sites. help homeowners to navigate these chal- Living an active lifestyle is highly valued by Tuesday, July 17, 2012 lenges with diligence and care. the people of Ralston. There are many city- I hope that this article will help to educate Mr. PALLONE. Mr. Speaker, I rise today to wide events scheduled each month to provide my colleagues who fund these counseling congratulate Ms. Marie ‘‘Rie’’ Blaisdell. Ms. citizens with opportunities to get involved in services and the homeowners who use them Blaisdell will be recognized by the Monmouth the community. Ralston has many beautiful about the invaluable services that our HUD- County Historical Association at the 2012 Gar- parks, campgrounds, and a water and ride certified counselors are providing. den Party for her outstanding contributions to park. FIRST PERSON SINGULAR: CARMEN CASTRO- the association. The city of Ralston also makes a significant CONROY, 40, GAITHERSBURG, HOUSING COUN- Rie Blaisdell has served as a member of the contribution to Nebraska’s economy. Members SELOR, HOUSING INITIATIVE PARTNERSHIP Monmouth County Historical Association since of the Ralston Area Chamber of Commerce (By Amanda Abrams) 1959. Ms. Blaisdell continues to volunteer work to enhance the city’s economy by cre- We see a lot of families who have either countless hours and is a member of the Board ating jobs and encouraging the location of new lost their jobs or experienced income reduc- of Trustees. She is a strong advocate for the businesses into the community. tion through a cut in salary or another type study of Monmouth County history. Rie is Ralston has made meaningful contributions of crisis related to illness, death, divorce, fondly remembered for her role as a docent at to the State of Nebraska and has been an ex- disability. We see all of it. They feel over- Allen House. She often provides animated and cellent place for its residents to call home for whelmed. Our job is to educate them so they can know all the options available and make historically accurate stories of Revolutionary the last 100 years. I would like to extend my good decisions. soldiers for visitors to enjoy. Colleagues con- congratulations to the city for a successful Losing a home is devastating; just think- tinue to applaud Ms. Blaisdell’s warm person- century and wish the community many more ing about losing a home is very stressful. It’s ality, hard work and motivation. Rie Blaisdell years of continued success.

VerDate Mar 15 2010 03:44 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.013 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1262 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2012 NEW YORK STATE AMERICAN LE- was a hero, humanitarian, community leader Obama took office, the national debt was GION AUXILIARY DEPARTMENT and friend. $10,626,877,048,913.08. PRESIDENT ANN GEER We are inspired when we recall the accom- Today, it is $15,875,734,673,516.05. We’ve plishments of a woman whose lifetime of serv- added $5,248,857,624,602.97 to our debt in HON. CHRISTOPHER P. GIBSON ice and dedication served many and whose just over 3 years. This is debt our nation, our OF NEW YORK lasting influence changed the lives of those economy, and our children could have avoided IN THE HOUSE OF REPRESENTATIVES around her. Beginning her career as an edu- with a balanced budget amendment. cator at Lincoln High, in Bradenton, Florida for On this day in 1945, President Harry Tru- Tuesday, July 17, 2012 six years, Anne Mitchell Felder went on to man, Soviet leader Joseph Stalin and British Mr. GIBSON. Mr. Speaker, I rise today on serve in The United States Army’s, Women’s Prime Minister Winston Churchill met at the behalf of the people of New York’s 20th Dis- Army Corps (WAC), where she became a opening of the Potsdam Conference. We must trict to express our sincere appreciation for the medical laboratory technician at the Reception balance the budget so that we may continue continued hard work, dedication, and contribu- Center in Ft. Benning, Georgia. A recipient of to meet and lead other great world powers. tions made to our communities by New York the WAC three-year Service Ribbon, Good f State American Legion Auxiliary Department Conduct Medal, the Army Commendation Rib- President Ann Geer. bon, and Victory Pin, Ms. Felder was a hero. RECOGNIZING THE LEADERSHIP Department President Geer has worked tire- She returned to civilian life to follow her pas- OF DR. DON BERWICK lessly for over 30 years to serve and protect sion of educating the young minds of tomor- our veterans’ interests. As a 24-year veteran row by teaching at Jones High School for over HON. FORTNEY PETE STARK of the United States Army, I am personally 22 years, teaching mathematics, serving as OF CALIFORNIA humbled and appreciative of all the work that Guidance Counselor and later as Dean of Stu- IN THE HOUSE OF REPRESENTATIVES Ann has done. She has been active since dents. A religious woman who remained active Tuesday, July 17, 2012 1981 in the Joyce-Bell Unit located in Otsego in her church, The New Covenant Baptist County, which she was able to join due to her Church of Orlando, Ms. Felder was secretary Mr. STARK. Mr. Speaker, Don Berwick was husband Stephen’s honorable service during to the Charter Trustee Ministry from 1992– Acting Administrator of the Centers for Medi- the Vietnam era. After only a short period of 1996 and most recently a member of District care and Medicaid Services for President time, Ann became the Unit President in 1982, Five and the Sanctuary Sunday School Class. Obama. Unfortunately, the minority party in a position she served for six years. A woman for whom education was impor- the U.S. Senate was able to prevent him from Ann’s leadership and incredible dedication tant, Anne Mitchell Felder received an Asso- being confirmed into the post and so he was resulted in her being selected for every major ciate of Arts degree from Bethune-Cookman forced to leave at the end of 2011. committee and office position at the unit and College; a Bachelor of Arts degree from Flor- I’ve copied below a recent commencement county level until being elected as full Depart- ida Agricultural and Mechanical College; a address at Harvard Medical School by Dr. ment President on July 16, 2011. She has Master of Science Degree from Florida Agri- Berwick. since served with honor and distinction, lead- cultural and Mechanical University; and stud- If Dr. Berwick doesn’t embody the spirit we ing the New York Department at a national ied at Columbia University in New York. And, want for our medical professionals—as well as level while continuing to serve at the local and she was a member of Kappa Delta Pi, an hon- our public servants—I don’t know who does. State levels. orary society for students in education. She I urge my colleagues to read this speech. Beyond her service to our military men and also understood and valued her obligation and Driving people like Dr. Berwick out of public women and veterans, Ann has been an active duty to serve our society and those in need service is not something of which anyone member of the Unadilla, NY community for the and did so through Delta Sigma Theta Soror- should be proud. past 31 years. Ann raised her two sons while ity, Incorporated where she was a Golden Life [From JAMA, June 27, 2012] helping hundreds of other children through her Member, a 60Years-Plus Member, and a char- TO ISAIAH career in education. As a dedicated volunteer ter president of the Orlando Alumnae Chapter, (By Donald M. Berwick, MD, MPP) and community leader, she was a founding who enjoyed the status of a Delta Dear. THANK YOU FOR LETTING ME SHARE member of the Recreation Commission and is The life of Anne Mitchell Felder was one of THIS GLORIOUS DAY with you and your active in the Sidney Community Band, in the accomplishment and service. We are aware loved ones. Feel good. Feel proud. You’ve Academic Team at Unatego High School, and that a life well lived is a life well shared. As an earned it. In preparation for today, I asked your dean has served on the Unadilla Community Foun- educator and hero, she gave of her talents of students what she thinks is on your mind. dation Board. and gifts to benefit the community, the nation, So, she asked you. The word you used—many For these reasons, I am glad to stand today and her family. In her passing, we pay tribute of you—was this one: Worried. You’re wor- in recognition of NYS American Legion Auxil- to an exceptional leader whose courage, ried about the constant change around you, iary Department President Ann Geer’s service strength, and love of her community left an in- uncertain about the future of medicine and in Otsego County, New York State, and delible legacy for future generations. She will dentistry. Worried about whether you can across our country. I am honored to be given be remembered and respected because she make a decent living. You’ve boarded a boat, the opportunity to acknowledge her dedication had an awesome gift of teaching and pro- and you don’t know where it’s going. I can reassure you. You’ve made a good to our community and especially our veterans. viding love and support to those who knew choice—a spectacularly good choice. The ca- We all owe her a debt of gratitude and appre- her. We offer our prayers for her immediate reer you’ve chosen is going to give you many ciation. family and host of loving relatives and friends moments of poetry. My favorite is the mo- f whose lives have been forever changed by ment when the door closes—the click of the this exceptional woman. We thank our Heav- catch that leaves you and the patient to- HONORING ANNE MITCHELL enly Father for allowing us to be blessed with gether in the privacy—the sanctity—of the FELDER the time spent with Anne Mitchell Felder, our helping relationship. Doors will open too. friend, mother, sister, and hero. You’ll find ways to contribute to progress that you cannot possibly anticipate now, any HON. CORRINE BROWN Anne Mitchell Felder is survived by her more than I could have dreamed of standing OF FLORIDA daughter Vicki-Elaine Felder, and brother here when I was sitting where you are 40 IN THE HOUSE OF REPRESENTATIVES Thomas Watson Mitchell. years ago. Tuesday, July 17, 2012 f But look, I won’t lie; I’m worried too. I went to Washington to lead the Centers for Ms. BROWN of Florida. Mr. Speaker, on be- OUR UNCONSCIONABLE NATIONAL Medicare & Medicaid Services, full of hope half of the constituents of the Third Congres- DEBT for our nation’s long-overdue journey toward sional District of Florida and myself, I rise now making health care a human right here, at to offer my heartfelt condolences and pay spe- last. In lots of ways, I wasn’t disappointed. I HON. MIKE COFFMAN often saw good government and the grandeur cial tribute to the life of, Ms. Anne Mitchell OF COLORADO Felder, a woman of many talents and pas- of democracy—both alive, even if not at the IN THE HOUSE OF REPRESENTATIVES moment entirely well. sions, who honorably served our country in Tuesday, July 17, 2012 But, like you, I also found much that I The United States Army, and who worked as could not control—a context torn apart by an educator and was a faithful servant to her Mr. COFFMAN of Colorado. Mr. Speaker, antagonisms—too many people in leadership, community and church. Anne Mitchell Felder on January 20, 2009, the day President from whom we ought to be able to expect

VerDate Mar 15 2010 03:44 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.017 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS July 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1263 more, willing to bend the truth and rewrite only option we knew for possible cure—a tudes of politics play out their careless facts for their own convenience. I heard irre- bone marrow transplant, not when he felt games. No matter. Health care is a human sponsible, cruel, baseless rhetoric about sick, but now, at the first sign of relapse, right; it must be made so in our nation; and death panels silence mature, compassionate, when he was still feeling fine. He was feeling it is your duty to make it so. Therefore, for scientific inquiry into the care we all need fine, and I was there to propose treatment your patients, you will go to the mat, and and want in the last stages of our lives. I that might kill him. you will not lose your way. You are a physi- heard meaningless, cynical accusations They didn’t hesitate. Isaiah wanted to live. cian, and you have a compass, and it points about rationing repeated over and over again He got his transplant, from his brother. His true north to what the patient needs. You by the same people who then unsheathed course was stormy, admission after admis- will put the patient first. their knives to cut Medicaid. I watched fear sion followed, then chronic complications of But that is not enough. Isaiah’s life and grow on both sides of the political aisle—fear his transplant—diabetes and asthma. His death testify to a further duty, one more of authentic questions, fear of reasoned de- Children’s Hospital medical record that year subtle—but no less important. Maybe this bate, and fear of tomorrow morning’s head- took up five four-inch-thick volumes. But he second is not a duty that you meant to em- lines—fear that stifled the respectful, civil, got through. Isaiah was cured. brace; you may not welcome it. It is to cure, shared inquiry upon which the health of de- We became very close, Isaiah and I, not only the killer leukemia; it is to cure the through this time and for years after—long killer injustice. mocracy depends. ´ And so, HSDM and HMS Class of 2012, I’m conversations about his life, his hopes, his Antoine de Saint-Exupery wrote, ‘‘To be- worried too. I too wonder where this boat is worries. He always asked me about my kids. come a man is to be responsible; to be ashamed of miseries that you did not cause.’’ going. And his mother, close, as well. An angel—a There is a way to get our bearings. When tough angel raised by her sharecropper I say this: To profess to be a healer, that is, you’re in a fog, get a compass. I have one— grandfather on a North Carolina farm, who to take the oath you take today, is to be re- and you do too. We got our compass the day read Isaiah the not act when she had to and sponsible; to be ashamed of miseries that you did not cause. That is a heavy burden, we decided to be healers. Our compass is a who fiercely protected him—and who, during and you did not ask for it. But look at the question, and it will point us true north: the darkest times of his course, continued to facts. How will it help the patient? tend her ten foster children, as well as her In our nation—in our great and wealthy This patient has a name. It is ‘‘Isaiah.’’ He own. nation—the wages of poverty are enormous. once lived. He was my patient. I dedicate I came to know Isaiah well, but it wouldn’t The proportion of our people living below the this lecture to him. be quite right to call us friends—our worlds official poverty line has grown from its low You will soon learn a lovely lesson about were too far apart—different galaxies. But point of 11% in 1973 to more than 15% today; doctoring; I guarantee it. You will learn that my respect and affection for Isaiah grew and among children, it is 22%—16.4 million; in a professional life that will fly by fast and grew. His courage. His insight. His gen- among black Americans, it is 27%. In 2010, hard, a hectic life in which thousands of peo- erosity. more than 46 million Americans were living ple will honor you by bringing to you their But there is more to tell. in poverty; 20 million, in extreme poverty— pain and confusion, a few of them will stand Isaiah smoked his first dope at age 5. He incomes below $11 000 per year for a family of out. For reasons you will not control and got his first gun before 10, and, by 12, he had four. One million American children are may never understand, a few will hug your committed his first armed robbery; he was homeless. More people are poor in the United heart, and they will become for you touch on crack at 14. Even on chemotherapy, he States today than at any other time in our points—signposts—like that big boulder on was in and out of police custody. For months nation’s history; 1.5 million American house- after his transplant he tricked me into extra that favorite hike that, when you spot it, holds, with 2.8 million children, live here on tells you exactly where you are. If you allow prescriptions for narcotics, which he hoarded less than $2 per person per day. And 50 mil- it—and you should allow it—these patients and probably sold. Two of his five brothers lion more Americans live between the pov- will enter your soul, and you will, in a way were in jail—one for murder; and, two years erty line and just 50% above it—the near- entirely right and proper, love them. These into Isaiah’s treatment, a third brother was poor, for whom, in the words of the Urban In- people will be your teachers. shot dead—a gun blast through the front stitute, ‘‘The loss of a job, a cut in work Isaiah taught me. He was 15 when I met door—in a drug dispute. hours, a serious health problem, or a rise in him. It was 1984, and I was the officer of the Isaiah didn’t finish school, and he had no housing costs can quickly push them into day—the duty doctor in my pediatric prac- idea of what to do for legitimate work. He greater debt, bankruptcy’s brink, or even tice at the old Harvard Community Health got and lost job after job for not showing up homelessness.’’ For the undocumented immi- Plan. My nurse practitioner partner pointed or being careless. His world was the street grants within our borders, it’s even worse. to an exam room. ‘‘You better get in there,’’ corner and his horizon was only one day For all of these people, our nation’s com- she said. ‘‘That kid is in pain.’’ away. He saw no way out. He hated it, but he mitment to the social safety net—the por- He was in pain. Isaiah was a tough-looking, saw no way out. He once told me that he tion of our policy and national investment inner-city kid. I would have crossed the thought his leukemia was a blessing, because that reaches help to the disadvantaged—is street to avoid meeting him alone on a at least while he was in the hospital, he life’s blood. And today that net is fraying— Roxbury corner at night. I’m not proud of couldn’t be on the streets. badly. In 2010, 20 states eliminated optional that fact, but I admit it. But here on my ex- And Isaiah died. One night, 18 years after Medicaid benefits or decreased coverage. amining table he was writhing, sweating in his leukemia was cured, at 37 years of age, State Social Services Block Grants and Food pain. He was yelling obscenities at the air, they found him on a street corner, breathing Stamps are under the gun. Enrollment in the and, when I tried to examine him, he yelled but brain-dead from a prolonged convulsion TANF program—Temporary Assistance to them at me. ‘‘Don’t you f–––––g touch me! Do from uncontrolled diabetes and even more Needy Families—has lagged far behind the something!’’ uncontrolled despair. need. Let me be clear: the will to eradicate I didn’t figure out what was going on that Isaiah tried to phone me just before that poverty in the United States is wavering—it afternoon. Nothing made sense. I diagnosed, fatal convulsion. He had my home number, is in serious jeopardy. illogically, a back sprain, and I sent him and I still have the slip of paper on which my In the great entrance hall of the building home on analgesics. Then, that evening, the daughter wrote, ‘‘Isaiah called. Please call where I worked at CMS—the Hubert Hum- report came: an urgent call from the lab. Isa- him back.’’ I never did. He would have said, phrey Building, headquarters of the Depart- iah didn’t have a back sprain; he had acute ‘‘Hi, Dr Berwick. It’s Isaiah. I’m really sick. ment of Health and Human Services—are lymphoblastic leukemia. And we didn’t have I can’t take it. I don’t know what to do. chiseled in massive letters the words of the his phone number. Please help me.’’ Because that is what he late Senator Humphrey at the dedication of The police helped track him down that often said. the building in his name. He said, ‘‘The night, to a lonely three-decker, third floor, a Isaiah spent the last two years of his life in moral test of government is how it treats solitary house in a weedy lot on Sheldon a vegetative state in a nursing home where I people in the dawn of life, the children, in Street in the heart of Roxbury. Isaiah lived sometimes visited him. At his funeral, his the twilight of life, the aged, and in the there with his mother, brothers, and his family asked me to speak, and I could think shadows of life, the sick, the needy, and the mother’s foster children. of nothing to talk about except his courage. handicapped.’’ What followed was the best of care . . . the Isaiah, my patient. Cured of leukemia. This is also, I believe, the moral test of glory of biomedical science came to Isaiah’s Killed by hopelessness. professions. Those among us in the shad- service. Chemotherapy started, and he went I bring Isaiah today as my witness to two ows—they do not speak, not loudly. They do predictably into remission. But we knew duties; you have both. It’s where your com- not often vote. They do not contribute to po- that ALL in a black teenager behaves badly. pass points. litical campaigns or PACs. They employ no Unlike in younger kids, cure was unlikely. First, you will cure his leukemia. You will lobbyists. They write no op-eds. We pass by He would go into remission for a while, but bring the benefits of biomedical science to their coin cups outstretched, as if invisible, the cancer would come back and it would him, no less than to anyone else. Isaiah’s on the corner as we head for Starbucks; and kill him. Three years later, he relapsed. poverty, his race, his troubled life-line—not Congress may pass them by too, because I drove to his apartment one evening in one of these facts or any other fact should they don’t vote, and, hey, campaigns cost 1987 and sat with Isaiah and his graceful, dig- stand in the way of his right to care—his money. And if those in power do not choose nified mother around a table with a plastic human right to care. Let the Supreme Court of their own free will to speak for them, the red-checkered tablecloth and explained the have its day. Let the erratics and vicissi- silence descends.

VerDate Mar 15 2010 03:44 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A17JY8.020 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS E1264 CONGRESSIONAL RECORD — Extensions of Remarks July 17, 2012 Isaiah was born into the shadows of life. NAVY CAPTAIN HENRY IN HONOR OF THE SIGNIFICANT Leukemia could not overtake him, but the DOMERACKI CONTRIBUTIONS OF TAMARA shadows could, and they did. ZAHN TO THE CITY OF INDIAN- I am not blind to Isaiah’s responsibilities; APOLIS nor was he. He was embarrassed by his fail- HON. JOHN R. CARTER ures; he fought against his addictions, his OF TEXAS HON. ANDRE´ CARSON disorganization, and his temptations. He IN THE HOUSE OF REPRESENTATIVES OF INDIANA tried. I know that he tried. To say that the IN THE HOUSE OF REPRESENTATIVES cards were stacked against him is too glib; Tuesday, July 17, 2012 others might have been able to play his hand Tuesday, July 17, 2012 Mr. CARTER. Mr. Speaker, I would like to better. I know that; and he knew that. Mr. CARSON of Indiana. Mr. Speaker, today take this opportunity to honor United States But to ignore Isaiah’s condition not of his I rise to express my gratitude to Tamara Zahn Navy Captain Henry Domeracki. Captain choosing, the harvest of racism, the frailty for her considerable achievements over the Domeracki has made countless sacrifices of the safety net, the vulnerability of the past two decades as President of Indianapolis throughout his 36 years of dedicated service poor, is simply wrong. His survival depended Downtown, Inc. Her vision, leadership and tire- to the defense of our great nation. He is an not just on proper chemotherapy, but, equal- less determination have helped transform American hero who has received numerous ly, on a compassionate society. downtown Indianapolis into a first-class des- medals and recognitions for his dedicated I am not sure when the moral test was put tination for visitors and Hoosiers alike. service. As such, I am proud of his achieve- on hold; when it became negotiable; when Our ‘‘Hoosier Hospitality,’’ in combination ments and congratulate him on his recent re- our nation in its political discourse decided with our well-deserved reputation as a premier tirement. that it was uncool to make its ethics explicit location for sports fans, has made the City of and its moral commitments clear—to the Captain Domeracki was recalled to active Indianapolis a model for other municipalities people in the dawn, the twilight, and the duty during the Gulf War in 1991, and served looking to rejuvenate their image and grow shadows. But those commitments have never as a Counter-Terrorism Officer/Agent in Eu- their local economy. in my lifetime been both so vulnerable and rope for six months. In 2004, he was mobi- Under the tenure of Tamara Zahn, our city so important. lized again for Operation Iraqi Freedom and has witnessed unprecedented growth and a You are not confused; the world is. You served as the Chief of Operations for the Coa- staggering transformation of downtown Indian- need not forget your purpose, even if the lition Provisional Authority—Baghdad Central apolis. Our once sleepy, urban center is now world does. Leaders are not leaders who per- in Baghdad, Iraq. During this time, Captain an attractive and pedestrian friendly destina- mit pragmatics to quench purpose. Your pur Domeracki built the financial structure for the tion, complete with highly-regarded attractions pose is to heal, and what needs to be healed Baghdad Provincial government and reestab- like the Indianapolis Cultural Trail, Victory is more than Isaiah’s bone marrow; it is our lished financial operations for the City of Field, White River State Park, and the Eiteljorg moral marrow—that of a nation founded on Baghdad. He aided in rebuilding the country of Museum, along with first-class accommoda- our common humanity. My brother, a retired Iraq by managing over $100 million in busi- tions for visitors on any budget. Ms. Zahn’s schoolteacher, tells me that he always gets ness development projects and capital outlays. ability to communicate her vision helped make goose bumps when he reads this phrase: ‘‘We, In 2009, he was mobilized to fill the U.S. the people . . . We—you, and me, and Isa- the construction of world-class facilities like iah—inclusive. Army Civil Affairs’ billet. He served as the Lucas Oil Stadium, Circle Center Mall, and the Chief of Operations for the Multi-National Indiana Convention Center a reality. It is time to recover and celebrate a moral Forces Iraq—Civil Military Operations Direc- Tamara Zahn was one of the principal driv- vocabulary in our nation—one that speaks torate and was in charge of the development ers of this remarkable transformation. Over the without apology or hesitation of the right to and vocational training programs and projects past 19 years, she has galvanized the respec- health care—the human right—and, without apology or hesitation, of the absolute for the entire country of Iraq. Captain tive talents and resources of private enterprise unacceptability of the vestiges of racism, the Domeracki’s actions also enabled thousands and federal, state, and local officials for the violence of poverty, and blindness to the of militia-aged Iraqis to be employed. He was purpose of revitalizing our city. needs of the least powerful among us. able to facilitate this through personally coordi- Ms. Zahn’s incredible success is testament nating three international conferences and to her skill and vision as an urban planner, Now you don your white coats, and you over $2.1 billion in private sector funds from leader and innovator. Her considerable enter a career of privilege. Society gives you rights and license it gives to no one else, in companies in the United Arab Emirates. These achievements have not gone unrecognized. return for which you promise to put the in- funds were invested in business development She has been named one of the ‘‘Most Influ- terests of those for whom you care ahead of projects in the various regions of Iraq and en- ential Women in Indianapolis’’ and was award- your own. That promise and that obligation abled the building of ten vocational training ed the prestigious Sagamore of the Wabash give you voice in public discourse simply be- schools with over 10,000 students enrolled. award. cause of the oath you have sworn. Use that Additionally, over 70 agri-businesses and co- Today, I ask my colleagues to join me in voice. If you do not speak, who will? operatives, ranging from commercial milk honoring Tamara Zahn for her exceptional If Isaiah needs a bone marrow transplant, processing to date production, and industrial- service to Indianapolis. then, by the oath you swear, you will get it level honey processing, were created through f these efforts. for him. But Isaiah needs more. He needs the IN RECOGNITION OF THE 100TH AN- compassion of a nation, the generosity of a In conjunction with his military achieve- NIVERSARY OF WEST TECH HIGH commonwealth. He needs justice. He needs a ments, Captain Domeracki has thirty-two years SCHOOL nation to recall that, no matter what the of municipal government management experi- polls say, and no matter what happens to be ence and has served as the Chief Financial temporarily convenient at a time of political Officer of the Texas Municipal League Inter- HON. DENNIS J. KUCINICH combat and economic stress, that the moral governmental Risk Pool for the past twenty OF OHIO test transcends convenience. Isaiah, in his years. IN THE HOUSE OF REPRESENTATIVES legions, needs those in power—you—to say to others in power that a nation that fails to Captain Domeracki’s awards include the Tuesday, July 17, 2012 attend to the needs of those less fortunate Bronze Star, Defense Meritorious Service Mr. KUCINICH. Mr. Speaker, I rise today in among us risks its soul. That is your duty Medal (3rd Award), Meritorious Service Medal recognition of the 100th anniversary of West too. (4th Award), Joint Service Commendation Tech High School. This is my message from Isaiah’s life and Medal, Navy & Marine Corps Commendations West Tech opened its doors to 224 students from his death. Be worried, but do not for Medals (3rd Award), Army Commendation on February 15, 1912. In 1931, with an enroll- one moment be confused. You are healers, Medal, Navy and Marine Corps Achievement ment of 4,000 students, West Tech was distin- every one, healers ashamed of miseries you Medal (3rd Award), Army Achievement Medal guished as the largest school in all of Ohio. did not cause. And your voice—every one— and the Combat Action Ribbon. West Tech graduated more than 40,000 stu- can be loud, and forceful, and confident, and Mr. Speaker, thank you for the opportunity dents between 1912 and 1995, when it closed your voice will be trusted. In his honor—in to recognize this great American. His selfless as an operational high school. Isaiah’s honor—please, use it. service and duty to this country are an inspira- West Tech is known for offering the first Donald M. Berwick, MD, MPP tion to us all. driver’s education classes and the first auto

VerDate Mar 15 2010 03:44 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.021 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS July 17, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1265 mechanics, aircraft radio operations and repair Sy suffered abuse. Continued domestic insta- ton during the 1999 State of the Union ad- metallurgy classes in the nation. Its news- bility prompted Sy to leave home and stow dress. He also helped secure for her the Con- paper, The Tatler, became a nationally and away on a cruise ship when he was 16. When gressional Gold Medal, and for her casket to internationally recognized student publication. he was discovered hiding on board, the teen- lie in repose in the Rotunda of the Capitol. The high school closed its doors to students ager told the Captain that his name was Sey- It is easy to forget that among all Mr. in 1995, and the facility re-opened in 2004 as mour, to which the captain replied ‘‘Well, now Edwards accomplishments in the civil rights a 189-unit apartment building, named the you are going to see less.’’ Sy worked in the and political arenas, he was also battling a West Tech Lofts. galley until they returned to port. very personal struggle with HIV. The disease To celebrate the 100th anniversary, West During World War II, Sy served in the nearly took his life 15 years ago, but he mirac- Tech will be opening up the public school for United States Army, where he cleaned and re- ulously recovered with the help of new drugs. the first time since its conversion to the lofts. paired semi-automatic weapons for the troops In a 2001 speech to the NAACP he went pub- A week of celebratory events will be hosted on the frontlines. His unit was responsible for lic about his experience living with HIV. He between July 17th and the 21st and will fea- setting up the coastal defense for what is now helped to tear down barriers in order to have ture memorabilia and special exhibits as well Battery Park in New York. After the war, Sy’s a frank conversation about the disease within as tours and alumni speakers. father bought a building in the Bronx and the African American Community, where it Mr. Speaker and colleagues, please join me opened up a business there selling and repair- was still regarded as a taboo subject by many. in recognizing the 100th anniversary of West ing cash registers. He and his brothers even- Mr. Speaker, with the passing of Willis Tech High School. tually ran that business together. Edwards, this country has lost a great man f Sy retired to Florida at 82. He is the father and leader. My home state of California and of two daughters and a grandfather of two am- county of Los Angeles has lost a champion RECOGNIZING THE CROATIAN MU- bitious young men. I ask my colleagues to join ˇ and fighter for civil rights and equal oppor- SICAL GROUP RUZE with me in recognizing the extraordinary life of tunity. I have lost a dear friend. DALMATINKE this man who exemplifies the American I ask a moment of silence to honor the dream. memory of Willis Edwards. HON. ADAM SMITH f f OF WASHINGTON IN MEMORY OF L.A. CIVIL RIGHTS H.R. 5856—DEPARTMENT OF IN THE HOUSE OF REPRESENTATIVES ACTIVIST WILLIS EDWARDS DEFENSE APPROPRIATIONS ACT Tuesday, July 17, 2012 Mr. SMITH of Washington. Mr. Speaker, I HON. LAURA RICHARDSON HON. BETTY McCOLLUM rise to honor the Croatian musical heritage OF CALIFORNIA OF MINNESOTA group, Ruzˇe Dalmatinke from Seattle, Wash- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ington, for being featured in the Homegrown Tuesday, July 17, 2012 Tuesday, July 17, 2012 Concert Series at the Library of Congress’ American Folklife Center. Ms. RICHARDSON. Mr. Speaker, today I Ms. MCCOLLUM. Mr. Speaker, tomorrow The American Folklife Center at the Library rise to honor the memory of Willis Edwards the House will start debate on H.R. 5856, the of Congress sponsors various programs who died on July 15, 2012, after waging a val- Department of Defense Appropriations Act of throughout the year to celebrate and present iant battle against cancer. He was 66. For 2013. In this bill, $388 million is to be appro- different cultural traditions to the American more than forty years, Willis Edwards served priated for military bands and musical perform- people. This summer, Ruzˇe Dalmatinke per- his community and the nation as a soldier in ances. This is a stunning amount of taxpayer formed Traditional Croatian Singing. Vietnam, as an academic support specialist at funds to be spending on military music at time Lead vocalists and sisters, Binki Franulovic the University of Southern California, as a civil of fiscal crisis and tough choices. While the Spahi and Alma Franulovic Plancich, immi- rights activist and community organizer, as the Pentagon’s 140 bands and over 5,000 full-time grated to the United States with their family long-time president of the Hollywood/Beverly musicians carry on a time honored and noble after World War II. The sisters have sung to- Hills Chapter of the NAACP, and a trusted ad- tradition of military music, this level of spend- gether since their childhood and were inspired visor to presidential candidates. ing on a military function that does not directly to form the Ruzˇe Dalmatinke in 1981. The Born in Texas in 1946, Mr. Edwards was enhance national security is unsustainable. At group has passionately shared their Croatian raised in Palm Springs and attended California a time of trillion dollar budget deficits, Con- heritage, lifestyle, and music in Washington State University at Los Angeles, where he was gress needs to act to significantly reduce tax- State since. elected the first African American student body payer funding of military bands. Mr. Speaker, it is with great honor that I rec- president in the school’s history. After gradua- It is my intention to offer an amendment on ognize Ruzˇe Dalmatinke for being featured in tion Mr. Edwards was drafted into the U.S. H.R. 5856 to reduce Pentagon spending for the concert series hosted by the Library of Army and sent to Vietnam where he was military bands and performances for fiscal Congress. Ruzˇe Dalmatinke has shown in- awarded a Bronze Star. Upon his honorable year 2013 from $388 million to $200 million. credible devotion to Croatian musical heritage discharge, Mr. Edwards served as Director of The $188 million reduction would be applied to by performing and sharing all around the Black Student Services at USC. the deficit reduction account established in United States. Mr. Edwards’ political activism in national H.R. 5856. f politics began with Robert F. Kennedy’s his- Earlier this year on H.R. 4310, the National toric 1968 presidential campaign. Through his Defense Authorization Act of 2013, the House IN HONOR OF SEYMOUR ‘‘SY’’ dealings with the Democratic Party, he be- approved an amendment I offered to limit POLLOCK came a supporter and friend of Los Angeles’ spending on ‘‘military musical units.’’ The first black mayor, Tom Bradley, who later ap- amendment stated, ‘‘Amounts authorized to be HON. JOE COURTNEY pointed him to the city’s Social Service Com- appropriated pursuant to this Act for military OF CONNECTICUT mission in 1973. musical units (as such term is defined in sec- IN THE HOUSE OF REPRESENTATIVES In 1982 Mr. Edwards was elected president tion 974 of title 10, United States Code) may of the NAACP’s Beverly Hills/Hollywood not exceed $200,000,000.’’ Tuesday, July 17, 2012 branch. He played a major part in getting the I do not want there to be any misinterpreta- Mr. COURTNEY. Mr. Speaker, I rise today group’s Image Awards, a gala that honored tion or mischaracterization of my intentions to congratulate Seymour Pollock, who was African Americans who worked in front of and when I offer my amendment. My goal is to re- raised in Brooklyn, Connecticut in my Con- behind the camera in Hollywood, televised on duce military musical units, not military per- gressional District and turned 100 years old on NBC. He also played a leading role in Rev- sonnel in a role essential to our national secu- July 8th. Known by his friends and family as erend Jesse Jackson’s 1988 presidential cam- rity. ‘‘Sy,’’ he is a straightforward man with a com- paign. This is a time of tough choices. My House plicated backstory. Losing his mother as a Mr. Edwards played a major role in securing Republican colleagues have decided to protect young boy, he and his two brothers spent national honors for Rosa Parks; friends say and shield millionaires and billionaires from much of their childhood separated. The finan- that was his proudest accomplishment. He any increase in Federal taxes commensurate cial burden of caring for three sons forced his helped to arrange for the civil rights hero to be with their wealth to help reduce the deficit. In- father to place his kids in foster homes, where seated next to First Lady Hillary Rodham Clin- stead, they have targeted domestic programs

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VerDate Mar 15 2010 03:44 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A17JY8.028 E17JYPT1 rfrederick on DSK6VPTVN1PROD with REMARKS Tuesday, July 17, 2012 Daily Digest Senate During consideration of this measure today, Senate Chamber Action also took the following action: Routine Proceedings, pages S5051–S5092 Pursuant to the order of July 16, 2012, the mo- Measures Introduced: Seven bills were introduced, tion to proceed to the motion to reconsider the vote as follows: S. 3389–3395. Pages S5084–85 by which cloture was not invoked on July 16, 2012 was agreed to. Page S5071 Measures Reported: Pursuant to the order of July 16, 2012, the mo- S. 1201, to conserve fish and aquatic communities tion to reconsider the vote by which cloture was not in the United States through partnerships that foster invoked on July 16, 2012 was agreed to. Page S5071 fish habitat conservation, to improve the quality of By 53 yeas to 45 nays (Vote No. 180), three-fifths life for the people of the United States. (S. Rept. of those Senators duly chosen and sworn, having not No. 112–187) voted in the affirmative, Senate upon reconsideration S. 1324, to amend the Lacey Act Amendments of rejected the motion to close further debate on the 1981 to prohibit the importation, exportation, trans- motion to proceed to consideration of the bill. portation, and sale, receipt, acquisition, or purchase Page S5072 in interstate or foreign commerce, of any live animal Subsequently, the motion to proceed was with- of any prohibited wildlife species. (S. Rept. No. drawn. Page S5072 112–188) Page S5084 Bring Jobs Home Act—Cloture: Senate began Measures Passed: consideration of the motion to proceed to consider- HEARTH Act: Committee on Indian Affairs was ation of S. 3364, to provide an incentive for busi- discharged from further consideration of H.R. 205, nesses to bring jobs back to America. Pages S5072–82 to amend the Act titled ‘‘An Act to authorize the A motion was entered to close further debate on leasing of restricted Indian lands for public, reli- the motion to proceed to consideration of the bill, gious, educational, recreational, residential, business, and, in accordance with the provisions of Rule XXII and other purposes requiring the grant of long-term of the Standing Rules of the Senate, a vote on clo- leases’’, approved August 9, 1955, to provide for In- ture will occur on Thursday, July 19, 2012. dian tribes to enter into certain leases without prior Page S5072 express approval from the Secretary of the Interior, Message from the President: Senate received the and the bill was then passed. Page S5057 following message from the President of the United Yellow Corrugated Stainless Steel Tubing Bond- States: ing: Committee on the Judiciary was discharged Transmitting, pursuant to law, a report relative to from further consideration of S. Res. 483, com- the continuation of the national emergency with re- mending efforts to promote and enhance public safe- spect to the former Liberian regime of Charles Tay- ty on the need for yellow corrugated stainless steel lor that was established in Executive Order 13348 tubing bonding, and the resolution was then agreed on July 22, 2004; which was referred to the Com- mittee on Banking, Housing, and Urban Affairs. to. Page S5090 (PM–56) Page S5084 Measures Considered: Nominations Received: Senate received the fol- DISCLOSE Act: Senate continued consideration lowing nominations: of the motion to proceed to consideration of S. 3369, Bidtah N. Becker, of New Mexico, to be a Mem- to amend the Federal Election Campaign Act of ber of the Board of Trustees of the Institute of 1971 to provide for additional disclosure require- American Indian and Alaska Native Culture and ments for corporations, labor organizations, Super Arts Development for a term expiring May 19, PACs and other entities. Pages S5051–72 2018. D729

VerDate Mar 15 2010 03:58 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY2.REC D17JYPT1 rfrederick on DSK6VPTVN1PROD with DIGEST D730 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 2012 Routine lists in the Air Force and Army. Underwriters Laboratories Inc., Northbrook, Illinois; Pages S5090–92 Andy Counts, American Home Furnishings Alliance, Measures Read the First Time: Pages S5084, S5090 High Point, North Carolina; and Peter Van Dorpe, Chicago Fire Department District Chief, Chicago, Il- Additional Cosponsors: Pages S5085–86 linois. Statements on Introduced Bills/Resolutions: SEMIANNUAL MONETARY POLICY REPORT Pages S5086–89 TO CONGRESS Additional Statements: Pages S5082–84 Committee on Banking, Housing, and Urban Affairs: Notices of Hearings/Meetings: Page S5089 Committee concluded a hearing to examine the Authorities for Committees to Meet: semiannual Monetary Policy Report to Congress, Pages S5089–90 after receiving testimony from Ben S. Bernanke, Chairman, Board of Governors of the Federal Reserve Privileges of the Floor: Page S5090 System. Record Votes: One record vote was taken today. ELECTRIC GRID CYBER ATTACKS (Total—180) Page S5072 Committee on Energy and Natural Resources: Committee Adjournment: Senate convened at 10 a.m. and ad- concluded a hearing to examine the status of action journed at 5:57 p.m., until 9:30 a.m. on Wednes- taken to ensure that the electric grid is protected day, July 18, 2012. (For Senate’s program, see the from cyber attacks, after receiving testimony from remarks of the Acting Majority Leader in today’s Joseph McClelland, Director, Office of Electric Reli- Record on page S5090.) ability, Federal Energy Regulatory Commission; Gregory C. Wilshusen, Director, Information Secu- Committee Meetings rity Issues, Government Accountability Office; Gerry Cauley, North American Electric Reliability Cor- (Committees not listed did not meet) poration, Atlanta, Georgia; and Todd A. Snitchler, DODD-FRANK WALL STREET REFORM AND Public Utilities Commission of Ohio, Columbus. CONSUMER PROTECTION ACT HUMAN TRAFFICKING Committee on Agriculture, Nutrition, and Forestry: Com- Committee on Foreign Relations: Committee concluded mittee concluded a hearing to examine the ‘‘Dodd- a hearing to examine the next ten years in the fight Frank Wall Street Reform and Consumer Protection against human trafficking, focusing on attacking the Act’’, focusing on two years later, after receiving tes- problem with the right tools, after receiving testi- timony from Gary Gensler, Chairman, Commodity mony from Jada Pinkett Smith, Don’t Sell Bodies, Futures Trading Commission; Robert Cook, Direc- Los Angeles, California; and David S. Abramowitz, tor, Division of Trading and Markets, Securities and Humanity United, and Holly J. Burkhalter, Inter- Exchange Commission; Robert Pickel, International national Justice Mission, both of Washington, DC. Swaps and Derivatives Association, Thomas J. Erickson, Bunge North America, Inc., on behalf of MONEY LAUNDERING, DRUGS, AND the Commodity Markets Council, and Dennis M. TERRORIST FINANCING Kelleher, Better Markets, Inc., all of Washington, Committee on Homeland Security and Governmental Af- DC; and Larry Thompson, The Depository Trust and fairs: Permanent Subcommittee on Investigations Clearing Corporation, New York, New York. concluded a hearing to examine United States vulnerabilities to money laundering, drugs, and ter- FLAMMABILITY OF UPHOLSTERED rorist financing, focusing on HSBC case history, after FURNITURE receiving testimony from David S. Cohen, Undersec- Committee on Appropriations: Subcommittee on Finan- retary for Terrorism and Financial Intelligence, and cial Service and General Government concluded a Thomas J. Curry, Comptroller of the Currency, Dan- hearing to examine if consumers are adequately pro- iel P. Stipano, Deputy Chief Counsel, and Grace E. tected from flammability of upholstered furniture, Dailey, former Deputy Comptroller for Large Banks focusing on the effectiveness of furniture flamma- Supervision, all of the Office of the Comptroller of bility standards and flame retardant chemicals, after the Currency, all of Department of the Treasury; receiving testimony from Inez M. Tenenbaum, Leigh H. Winchell, Assistant Director for Programs, Chairman, U.S. Consumer Product Safety Commis- Homeland Security Investigations, U.S. Immigration sion; James J. Jones, Acting Assistant Administrator, and Customs Enforcement, Department of Homeland Office of Chemical Safety and Pollution Prevention, Security; David Bagley, and Stuart Levey, both of Environmental Protection Agency; August Schaefer, London, England, and Paul Thurston, of Hong

VerDate Mar 15 2010 03:58 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY2.REC D17JYPT1 rfrederick on DSK6VPTVN1PROD with DIGEST July 17, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D731 Kong, People’s Republic of China, all of HSBC INTELLIGENCE Holdings plc; and Irene Dorner, HSBC Bank USA Select Committee on Intelligence: Committee held closed and HSBC North America Holdings, Inc., Michael hearings on intelligence matters, receiving testimony Gallagher, and Chiu Hon Lo, all of New York, New from officials of the intelligence community. York. Committee recessed subject to the call. h House of Representatives sources Revenue, and for other purposes, with an Chamber Action amendment (H. Rept. 112–601); Public Bills and Resolutions Introduced: 6 public H.R. 3397, to modify the Forest Service Recre- bills, H.R. 6131–6136; and 4 resolutions, H. Con. ation Residence Program by implementing a simple, Res. 132–133; and H. Res. 731–732 were intro- equitable, and predictable procedure for determining duced. Pages H4906–07 cabin user fees, and for other purposes (H. Rept. Additional Cosponsors: Pages H4907–08 112–602); Reports Filed: Reports were filed today as follows: H.R. 3388, to amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, H.R. 4377, to provide for improved coordination Queen, Wood, and Pawcatuck Rivers in the States of agency actions in the preparation and adoption of of Connecticut and Rhode Island for study for poten- environmental documents for permitting determina- tial addition to the National Wild and Scenic Rivers tions, and for other purposes, with an amendment(H. System, and for other purposes, with an amendment Rept. 112–596, Pt. 1); (H. Rept. 112–603); H.R. 1103, to direct the Secretary of the Interior H.R. 3210, to amend the Lacey Act Amendments to develop, maintain, and administer an annex in of 1981 to limit the application of that Act with re- Tinian, Commonwealth of the Northern Mariana Is- spect to plants and plant products that were im- lands, as an extension of the American Memorial ported before the effective date of amendments to Park located in Saipan, and for other purposes (H. that Act enacted in 2008, and for other purposes, Rept. 112–597); with an amendment (H. Rept. 112–604); H.R. 4400, to designate the Salt Pond Visitor H.R. 2489, to authorize the acquisition and pro- Center at Cape Cod National Seashore as the tection of nationally significant battlefields and asso- ‘‘Thomas P. O’Neill, Jr. Salt Pond Visitor Center’’, ciated sites of the Revolutionary War and the War and for other purposes (H. Rept. 112–598); of 1812 under the American Battlefield Protection H.R. 4073, to authorize the Secretary of Agri- Program, with an amendment (H. Rept. 112–605); culture to accept the quitclaim, disclaimer, and re- H.R. 4043, to amend title 10, United States linquishment of a railroad right of way within and Code, to direct the Secretary of Defense to establish adjacent to Pike National Forest in El Paso County, Southern Sea Otter Military Readiness Areas for na- Colorado, originally granted to the Mt. Manitou tional defense purposes, and for other purposes, with Park and Incline Railway Company pursuant to the an amendment (H. Rept. 112–606, Pt. 1); and Act of March 3, 1875, with an amendment (H. Page H4906 Rept. 112–599); H.R. 459, to require a full audit of the Board of H.R. 3706, to create the Office of Chief Financial Governors of the Federal Reserve System and the Officer of the Government of the Virgin Islands, and Federal reserve banks by the Comptroller General of for other purposes, with an amendment (H. Rept. the United States before the end of 2012, and for 112–600); other purposes, with an amendment (H. Rept. H.R. 1171, to reauthorize and amend the Marine 112–607), Pt. 1). Debris Research, Prevention, and Reduction Act, with an amendment (H. Rept. 112–584, Pt. 2); Speaker: Read a letter from the Speaker wherein he H.R. 3404, to establish in the Department of the appointed Representative Culberson to act as Speaker Interior an Under Secretary for Energy, Lands, and pro tempore for today. Page H4871 Minerals and a Bureau of Ocean Energy, an Ocean Recess: The House recessed at 12:01 p.m. and re- Energy Safety Service, and an Office of Natural Re- convened at 2 p.m. Page H4871

VerDate Mar 15 2010 03:58 Jul 18, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17JY2.REC D17JYPT1 rfrederick on DSK6VPTVN1PROD with DIGEST D732 CONGRESSIONAL RECORD — DAILY DIGEST July 17, 2012 Recess: The House recessed at 2:12 p.m. and recon- Government Perspectives Regarding Alternative vened at 5 p.m. Page H4873 Fuels and Vehicles’’. Testimony was heard from Suspensions: The House agreed to suspend the rules Howard Gruenspecht, Deputy Administrator, Energy and pass the following measures: Information Administration; Margo Oge, Director, Office of Transportation and Air Quality, Environ- Haqqani Network Terrorist Designation Act: S. 1959, mental Protection Agency; and Kathleen Hogan, amended, to require a report on the designation of Deputy Assistant Secretary for Energy Efficiency, the Haqqani Network as a foreign terrorist organiza- Department of Energy. tion; Pages H4873–75 DIAGNOSING AND MANAGING LYME Foreign Relations Authorization Act, Fiscal DISEASE Year 2013: H.R. 6018, amended, to authorize appropriations for the Department of State for fiscal Committee on Foreign Affairs: Subcommittee on Africa, year 2013, by a 2⁄3 yea-and-nay vote of 333 yeas to Global Health, and Human Rights held a hearing 61 nays, Roll No. 469; Pages H4875–84, H4892–93 entitled ‘‘Global Challenges in Diagnosing and Man- aging Lyme Disease—Closing Knowledge Gaps’’. United States-Israel Enhanced Security Coopera- Testimony was heard from public witnesses. tion Act of 2012: S. 2165, to enhance strategic cooperation between the United States and Israel; and Joint Meetings Pages H4884–88 No joint committee meetings were held. Insular Areas Act: S. 2009, to improve the administration of programs in the insular areas, by a f 2⁄3 yea-and-nay vote of 378 yeas to 11 nays, Roll COMMITTEE MEETINGS FOR WEDNESDAY, No. 470. Pages H4888–92 JULY 18, 2012 Recess: The House recessed at 6:04 p.m. and recon- (Committee meetings are open unless otherwise indicated) vened at 6:30 p.m. Page H4892 Senate Moment of Silence: The House observed a moment Committee on Commerce, Science, and Transportation: Sub- of silence in honor of the men and women in uni- committee on Aviation Operations, Safety, and Security, form who have given their lives in the service of our to hold hearings to examine the global competitiveness of Nation in Iraq and Afghanistan and their families, the United States Aviation Industry, focusing on address- and of all who serve in the armed forces and their ing competition issues to maintain United States leader- families. Page H4893 ship in the aerospace market, 3 p.m., SR–253. Committee on Finance: business meeting to consider En- Presidential Message: Read a message from the forcing Orders and Reducing Customs Evasion (EN- President wherein he notified Congress that the na- FORCE) Act, citrus, cotton, and wool trust funds, Afri- tional emergency and related measures dealing with can Growth and Opportunity Act (AGOA) amendments, the former Liberian regime of Charles Taylor are to Dominican Republic-Central America-United States Free continue in effect beyond July 22, 2012—referred to Trade Agreement (CAFTA–DR) technical corrections, and the Committee on Foreign Affairs and ordered to be Burma sanctions, and Russia Permanent Normal Trade printed (H. Doc. 112–124). Pages H4872–73 Relations (PNTR) and Moldova PNTR, 9:30 a.m., SD–215. Senate Messages: Messages received from the Senate Committee on Foreign Relations: to hold hearings to exam- by the Clerk and subsequently presented to the ine to examine the nominations of Marcie B. Ries, of the House today appear on pages H4871 and H4892. District of Columbia, to be Ambassador to the Republic Quorum Calls—Votes: Two yea-and-nay votes de- of Bulgaria, John M. Koenig, of Washington, to be Am- veloped during the proceedings of today and appear bassador to the Republic of Cyprus, Michael David on pages H4893 and H4893–94. There were no Kirby, of Virginia, to be Ambassador to the Republic of quorum calls. Serbia, Thomas Hart Armbruster, of New York, to be Ambassador to the Republic of the Marshall Islands, and Adjournment: The House met at 12 noon and ad- Greta Christine Holtz, of Maryland, to be Ambassador to journed at 8:39 p.m. the Sultanate of Oman, all of the Department of State, 2:30 p.m., SD–419. Committee on Homeland Security and Governmental Affairs: Committee Meetings to hold hearings to examine improving the transparency AMERICAN ENERGY INITIATIVE of Federal spending, 9:30 a.m., SD–342. Subcommittee on Federal Financial Management, Gov- Committee on Energy and Commerce: Subcommittee on ernment Information, Federal Services, and International Energy and Power held a hearing entitled ‘‘The Security, to hold hearings to examine the census, focusing American Energy Initiative: A Focus on Federal on planning ahead for 2020, 2:30 p.m., SD–342.

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Committee on the Judiciary: to hold hearings to examine ciation between the United States and Palau, and for improving forensic science in the criminal justice system, other purposes, 2 p.m., 2172 Rayburn. 10 a.m., SD–226. Committee on Homeland Security, Subcommittee on Trans- Subcommittee on Privacy, Technology and the Law, to portation Security, hearing entitled ‘‘A Decade After hold hearings to examine what facial recognition tech- 9/11 Could American Flight Schools Still Unknowingly nology means for privacy and civil liberties, 2:30 p.m., Be Training Terrorists?’’, 10 a.m., 311 Cannon. SD–226. Committee on the Judiciary, Subcommittee on Intellectual Committee on Veterans’ Affairs: to hold hearings to exam- Property, Competition and the Internet, hearing entitled ine the nomination of Thomas Skerik Sowers II, of Mis- ‘‘The International Trade Commission and Patent Dis- souri, to be Assistant Secretary of Veterans Affairs for putes’’, 10 a.m., 2141 Rayburn. Public and Intergovernmental Affairs, 10 a.m., SR–418. Subcommittee on the Constitution, hearing on H.J. Special Committee on Aging: to hold hearings to examine Res. 110, an Amendment to the Constitution Concerning Medicare and Medicaid coordination for dual-eligibles, 2 Parental Rights and Education, 12:30 p.m., 2141 Ray- p.m., SH–216. burn. United States Senate Caucus on International Narcotics Con- Full Committee, markup of the following: H.R. 6062, trol: to hold hearings to examine prescription drug abuse, the ‘‘Edward Byrne Memorial Justice Assistance Grant 2:30 p.m., SD–562. Program Reauthorization Act of 2012’’; H.R. 3796, the House ‘‘Adam Walsh Reauthorization Act of 2012’’; and H.R. 3803, the ‘‘District of Columbia Pain-Capable Unborn Committee on Appropriations, Subcommittee on Labor, Child Protection Act’’, 2 p.m., 2141 Rayburn. Health and Human Services, and Education, markup of Committee on Natural Resources, Full Committee, markup the Labor, Health and Human Services, and Education on H.R. 6082, the ‘‘Congressional Replacement of Presi- Appropriations Bill, FY 2013, 10 a.m., 2358–C Rayburn. dent Obama’s Energy-Restricting and Job-Limiting Off- Committee on Armed Services, Full Committee, hearing on shore Drilling Plan’’, 10 a.m., 1324 Longworth. disclosures of national security information and impact on Committee on Oversight and Government Reform, Sub- military operations, 10 a.m., 2118 Rayburn. committee on Regulatory Affairs, Stimulus Oversight and Full Committee, hearing on Sequestration Implementa- Government Spending, hearing entitled ‘‘The Administra- tion Options and the Effects on National Defense: Indus- tion’s Bet of Abound Solar: Assessing the Costs to the try Perspectives, 10:10 a.m., 2118 Rayburn. American Taxpayers’’, 10 a.m., 2154 Rayburn. Subcommittee on Oversight and Investigations, hearing Subcommittee on National Security, Homeland De- on Withdrawal from Afghanistan: Historical Lessons, 3 fense and Foreign Operations, hearing entitled ‘‘Taking p.m., 2118 Rayburn. Care of Our Veterans: What is the Department of Vet- Committee on Education and the Workforce, Subcommittee erans Affairs Doing to Eliminate the Claims Backlog?’’, on Higher Education and Workforce Training, hearing 10 a.m., 2247 Rayburn. entitled ‘‘Keeping College Within Reach: Exploring State Committee on Small Business, Full Committee, hearing Efforts to Curb Costs’’, 10 a.m., 2175 Rayburn. Committee on Energy and Commerce, Subcommittee on entitled ‘‘Digital Divide: Expanding Broadband Access to Health, hearing entitled ‘‘Using Innovation to Reform Small Businesses’’, 1 p.m., 2360 Rayburn. Medicare Physician Payment’’, 10 a.m., 2322 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Energy and Power, hearing on dis- committee on Aviation, hearing entitled ‘‘A Review of cussion draft of the ‘‘U.S. Agricultural Sector Relief Act the FAA’s Contract Tower Program’’, 10 a.m., 2167 Ray- of 2012’’; and the ‘‘Asthma Inhalers Relief Act of 2012’’, burn. 10:15 a.m., 2123 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Dis- Subcommittee on Energy and Power, begin markup of ability Assistance and Memorial Affairs, hearing entitled the following: the ‘‘U.S. Agricultural Sector Relief Act of ‘‘Invisible Wounds: Examining the Disability Compensa- 2012’’; the ‘‘Asthma Inhalers Relief Act of 2012’’; and tion Benefits Process for Victims of Military Sexual Trau- the ‘‘No More Solyndras Act’’, 4 p.m., 2123 Rayburn. ma’’, 2 p.m., 334 Cannon. Committee on Financial Services, Full Committee, hearing entitled ‘‘Monetary policy and the state of the economy’’, Joint Meetings 10 a.m., 2128 Rayburn. Commission on Security and Cooperation in Europe: to hold Committee on Foreign Affairs, Subcommittee on Asia and hearings to examine the escalation of violence against the Pacific, markup of H.R. 6040, to approve the Agree- Coptic women and girls in Egypt, 2 p.m., Room to be ment providing terms for a continuation of the free asso- announced.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 18 10 a.m., Wednesday, July 18

Senate Chamber House Chamber Program for Wednesday: The Majority Leader will be Program for Wednesday: Consideration of H.R. recognized. 5872—Sequestration Transparency Act of 2012, under suspension of the Rules. Begin consideration of H.R. 5856—Department of Defense Appropriations Act, 2013.

Extensions of Remarks, as inserted in this issue

HOUSE Carter, John R., Tex., E1264 Rohrabacher, Dana, Calif., E1253 Coffman, Mike, Colo., E1262 Smith, Adam, Wash., E1265 Andrews, Robert E., N.J., E1258 Courtney, Joe, Conn., E1258, E1265 Stark, Fortney Pete, Calif., E1262 Austria, Steve, Ohio, E1260 Eshoo, Anna G., Calif., E1254 Terry, Lee, Nebr., E1261 Beniskey, Dan, Mich., E1260 Gibson, Christopher P., N.Y., E1262 Turner, Michael R., Ohio, E1259 Blumenauer, Earl, Ore., E1266 Kucinich, Dennis J., Ohio, E1264 Brady, Kevin, Tex., E1260 McCollum, Betty, Minn., E1265 Van Hollen, Chris, Md., E1258, E1261 Brown, Corrine, Fla., E1262 Marino, Tom, Pa., E1254 Wolf, Frank R., Va., E1254 Capps, Lois, Calif., E1253 Pallone, Frank, Jr., N.J., E1261 Young, Don, Alaska, E1254 Carson, Andre´, Ind., E1264 Richardson, Laura, Calif., E1265

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