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

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

Vol. 157 WASHINGTON, FRIDAY, NOVEMBER 18, 2011 No. 177 House of Representatives The House met at 9 a.m. and was PLEDGE OF ALLEGIANCE And that’s just the way it is. called to order by the Speaker. The SPEAKER. Will the gentleman f from Texas (Mr. POE) come forward and f lead the House in the Pledge of Alle- PRAYER giance. FOREIGN AID The Chaplain, the Reverend Patrick Mr. POE of Texas led the Pledge of (Mr. PRICE of North Carolina asked J. Conroy, offered the following prayer: Allegiance as follows: and was given permission to address Eternal God, we give You thanks for I pledge allegiance to the Flag of the the House for 1 minute and to revise giving us another day. United States of America, and to the Repub- lic for which it stands, one nation under God, and extend his remarks.) We come to the end of a week where indivisible, with liberty and justice for all. we have given thanks for the heroism Mr. PRICE of North Carolina. Mr. of our astronauts. They answered the f Speaker, of all the extreme statements call to service of their Nation, and of ANNOUNCEMENT BY THE SPEAKER we’ve heard coming out of the Repub- their race, to leave the comfort of The SPEAKER. The Chair will enter- lican Presidential debates in recent home to expand the horizons of us all. tain up to five requests for 1-minute weeks, perhaps none is more alarming We have honored as well the elders of speeches on each side of the aisle. than the idea that we should ‘‘cut foreign aid to zero’’—even for steadfast both the Senate and this people’s f House, two men who have served to- U.S. allies, even for critical global gether over a century in this most NOT SO FAST WITH THE CONFETTI health and antiterrorism efforts. noble work of representing the people (Mr. POE of Texas asked and was We might dismiss this ridiculous as- of the United States. given permission to address the House sertion as a ‘‘hail Mary’’ from a can- Now we approach a week during for 1 minute.) didate desperate to revive his flagging which all Americans will gather to re- Mr. POE of Texas. Mr. Speaker, this chances, were it not for the fact that it member who we are: a Nation gener- week marked the passage of an impor- drew heavy applause from the Repub- ously blessed not only by You, our God, tant milestone in American history. lican voters in the audience and eager but by courageous ancestors, faithful But don’t just break out the confetti agreement from the rest of the Repub- allies, and the best good wishes of peo- and the fireworks so quickly. lican field, including the presumptive ple everywhere who long for freedom, According to the Treasury Depart- frontrunner. ment, our national debt just passed $15 who would glory in the difficult work Is this the state of today’s Repub- trillion for the first time in history. of participative government and who lican Party, the party of international- Mr. Speaker, here is what $15 trillion do not enjoy the bounty we are privi- ists such as Teddy Roosevelt, Dwight looks like. That seems like a lot of leged to possess. Eisenhower, and Ronald Reagan? ‘‘Cut money to me. That totals over $48,000 Bless the Members of this assembly foreign aid to zero?’’ for every man, woman, and child across and us all, that we would be worthy of Foreign aid has always been an easy the call we have been given as Ameri- the fruited plain. Now, how did we get here? Through target for demagogues, especially dur- cans. Help us all to be truly thankful unchecked, excessive spending by the ing difficult economic times, but the and appreciative and appropriately Federal Government. reality is that it is one of the most generous in our response. This addiction to spending somebody cost-effective investments our Nation May all that is done this day be for else’s money has got to stop. We must makes. For about 1 percent of our an- Your greater honor and glory. be bold and cut unnecessary spending. nual budget, it strengthens key allies Amen. Tough times call for tough actions, and such as Israel, the Palestine Authority, f we must even do more. Afghanistan, and Egypt; it promotes Congress must pass the balanced economic development that benefits THE JOURNAL budget amendment. Force the govern- American companies and creates jobs The SPEAKER. The Chair has exam- ment to balance its books just like back home; it helps us respond to hu- ined the Journal of the last day’s pro- Americans are supposed to do. We keep manitarian disasters and supports de- ceedings and announces to the House digging ourselves into the dark abyss mocracy, human rights, and the rule of his approval thereof. of debt. Maybe we should quit digging law. Suggestions that we should ‘‘start Pursuant to clause 1, rule I, the Jour- before we reach Greece or the bottom- at zero’’ and ask our allies to come to nal stands approved. less pit of bankruptcy. us hat in hand are simply preposterous.

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

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VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7834 CONGRESSIONAL RECORD — HOUSE November 18, 2011 SOCIAL SECURITY IDENTITY JOBS and the intelligence community need THEFT (Ms. FOXX asked and was given per- to step up and help offer sustenance and support for those Kenyan troops, (Mr. SAM JOHNSON of Texas asked mission to address the House for 1 minute.) Mr. Speaker. and was given permission to address Let me say that this is the time to the House for 1 minute and to revise Ms. FOXX. Mr. Speaker, when the liberal Democrat extremists took con- step up and help the Kenyan commu- and extend his remarks.) nity help our country and the rest of trol of the Congress in 2007, the unem- Mr. SAM JOHNSON of Texas. Mr. the world. ployment rate was 4.6 percent, and Speaker, since 1980 Social Security has f been required to publicly put deceased when Republicans took back control of Americans’ personal information into a the House in January of 2011, the un- MIDDLE CLASS CHALLENGES so-called death master file which was employment rate had jumped to 9 per- CONGRESS meant to help prevent payment and cent. Under liberal Democrat control, (Mr. TONKO asked and was given benefit fraud. Nearly anyone can get 6.9 million Americans became unem- permission to address the House for 1 this information, including identity ployed. So now we have 13.9 million un- minute and to revise and extend his re- thieves. employed Americans who have been ig- marks.) nored by the liberals in Washington. Identity theft affects not only swin- Mr. TONKO. Mr. Speaker, America’s Higher taxes, record spending, and dled businesses and American tax- middle class, her determined, hard- bigger government have failed to cre- payers, but grieving families whose suf- working middle class, is challenging ate jobs or boost economic growth. Put fering is made worse when they learn Congress. Will Congress respond to our simply, this economy is growing too that someone has been preying on the middle class? slowly to replace the millions of jobs death of their loved ones. Criminals are We in the middle class are growing lost. GDP growth in the first quarter of exploiting this information in order to increasingly aware of the statistics 2011 fell to 1.8 percent; in the second profit off deceased children by applying that the wealth concentrated in the quarter it was 1.3 percent. for tax refunds. That’s just wrong. top 1 percent has grown exponen- The failure of the President’s run- tially—275 percent. Over the same Every year, Social Security puts away spending, deficits and debt is timeframe, America’s middle class has about 14,000 Americans in this death being felt by every family struggling to seen its wealth flatline, and if it’s file who aren’t even dead. Any of us put food on the table and pay their grown, something diminished like 15 to could be put on that list by mistake— mortgage. 20 percent. That is unsustainable. a mistake that can result in severe fi- Instead of expanding the size of gov- America’s middle class knows it. nancial hardship and emotional heart- ernment, Republicans in Washington They know that we need to invest in ache. are committed to a pro-growth eco- our middle class, empower the pur- Americans deserve better. So today nomic agenda that will put America chasing power, raise our children, in- I’m introducing the Keeping IDs Safe back to work. And I urge people to go vest in their education and higher edu- Act to stop the sale of the death mas- to America’s job creators, jobs.gop.gov, cation, invest in health care, invest in ter file immediately. I urge my col- to see the plan Republicans have to public safety, invest in job creation leagues to support this legislation. create jobs. We’ve passed over 20 bills and job retention, invest in research that have gone to the Senate, and no that equals jobs. That is the commit- f action is being taken on them. ment that they’re asking for. They know it’s within the grasp of f HONORING ROBERT ‘‘SHANE’’ Congress to fix it. They know increas- b 0910 WILSON ingly the American Dream is growing KENYAN INCURSION INTO outside their grasp. We need to go to (Mr. JOHNSON of Georgia asked and SOMALIA work, provide jobs, the dignity of work was given permission to address the for our middle class. We need to solve (Mr. ELLISON asked and was given House for 1 minute and to revise and the problems of America through the permission to address the House for 1 extend his remarks.) eyes of our middle class. minute.) Mr. JOHNSON of Georgia. Mr. Speak- f er, today I rise in great sadness to rec- Mr. ELLISON. Mr. Speaker, I come ognize fallen Doraville police detective, to the floor today to support and urge WHO WILL CARE FOR THE Corporal Robert ‘‘Shane’’ Wilson, a cit- us to support the Kenyan military that CAREGIVERS? izen of great distinction in my district, has gone into Somalia to set up a cor- (Ms. RICHARDSON asked and was who gave his life on behalf of the peo- ridor of safety for the Somali people given permission to address the House ple who live there. and to help push back and fight against for 1 minute and to revise and extend Al-Shabaab. Responding to a home invasion on her remarks.) Al-Shabaab is a terrorist organiza- Ms. RICHARDSON. November is Na- November 14, he was tragically in- tion in Somalia. And because of the volved in a head-on collision with a tional Caregivers Month. All across general chaos in Somalia, Mr. Speaker, America, there are thousands of Ameri- drunk driver. He was off duty at the Al-Shabaab has been able to do two time, responding. cans who need help. They need help to very bad things. One is, because of the stand, to sit, to put on their shoes, to An 8-year veteran, Officer Wilson was instability they create, they have go to the rest room, and even some to just 27 years old. He was a member of caused massive refugee problems into take their last breath. And there are the SWAT team. He served his commu- Kenya, which is why the Kenyan mili- those who are sitting by the bedside of nity courageously and honorably and tary had to go into Somalia to try to those people, we call them in-home was very well liked and respected by stop that bleeding. But they also have health care workers, who oftentimes in his colleagues and fellow officers. created chaos in the Red Sea through this country barely make even a min- He was a loving husband, father, piracy, and have sponsored terrorism imum wage themselves, and if they brother, and son from a family steeped in other African nations like Uganda. needed the very care that they were in law enforcement. In his off hours he At the same time, Mr. Speaker, they providing, they could probably not af- loved to play drums and piano, and he are an attractive nuisance to every bad ford it. composed music and always had a guy who wants to come and have a safe As this Congress decides and looks at smile on his face. haven for terrorism. And they attract the joint committee’s decisions and All Georgians are affected by this international terrorists to Somalia, proposals before us, let’s not go against tragedy, but our thoughts and prayers which further destabilizes that nation. those working people, thousands of go out especially to his family, friends, After 20 years of chaos, the Somali people who don’t even have enough to and colleagues. Robert ‘‘Shane’’ Wilson people deserve some stability, and the take care of their own families. was one of the best, and he’ll be greatly Kenyan troops that are there are help- The decisions can be done better, but missed. ing to bring that. The United States they certainly should not be on the

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7835 backs of working people and those who GENERAL LEAVE b 0920 care for our Americans. Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members have 5 In the case of workplace elections, f legislative days to revise and extend delay is a critical issue. The intent of delaying an election is to give anti- PROVIDING FOR CONSIDERATION their remarks. The SPEAKER pro tempore. Is there union employers a chance to prevent OF H.R. 3094, WORKFORCE DE- workers from organizing. Despite Re- MOCRACY AND FAIRNESS ACT objection to the request of the gentlewoman from North Carolina? publicans’ professed outrage over frivo- Ms. FOXX. Mr. Speaker, by direction There was no objection. lous lawsuits and tort reform and of the Committee on Rules, I call up Ms. FOXX. Mr. Speaker, House Reso- many other areas, H.R. 3094 House Resolution 470 and ask for its lution 470 provides for a structured rule incentivizes a mountain of litigation immediate consideration. providing for consideration of H.R. for the sole purpose of stalling work- The Clerk read the resolution, as fol- 3094, the Workforce Democracy and place elections. This creates a massive lows: Fairness Act. backlog of cases, including frivolous H. RES. 470 With that, I reserve the balance of ones, all on the taxpayers’ dime. Re- Resolved, That at any time after the adop- my time. publicans don’t seem to have a problem tion of this resolution the Speaker may, pur- Mr. POLIS. Mr. Speaker, I thank the with trial lawyers as long as they’re suant to clause 2(b) of rule XVIII, declare the gentlelady for yielding me the cus- suing unions. House resolved into the Committee of the tomary 30 minutes, and I yield myself This bill even allows managers to Whole House on the state of the Union for such time as I may consume. stuff the ballot boxes of employer elec- consideration of the bill (H.R. 3094) to amend I rise today in opposition to the rule tions. the National Labor Relations Act with re- and the underlying bill. spect to representation hearings and the Mr. Speaker, with this rule and un- Now, Mr. Speaker, I’m sure many of timing of elections of labor organizations derlying bill, Congress continues us in this body here are following our under that Act. The first reading of the bill months of inaction on job growth, State redistricting processes to see shall be dispensed with. All points of order months of ignoring real solutions, how various districts across the coun- against consideration of the bill are waived. try are gerrymandered. What this bill General debate shall be confined to the bill choosing instead to use our economic and shall not exceed one hour equally di- struggles as an excuse to push partisan would allow employers to do is effec- vided and controlled by the chair and rank- and ideological legislation. tively gerrymander what the negoti- ing minority member of the Committee on The American people deserve jobs ating unit is at the company. If there’s Education and the Workforce. After general now rather than bills aimed only at a group of employees that’s interested debate the bill shall be considered for stoking the rhetorical fires and antago- in forming a union, it would give the amendment under the five-minute rule. It nizing political opponents. It’s time to employer the ability to say, no, that’s shall be in order to consider as an original stop the games and seek compromise actually not a valid group; it needs to bill for the purpose of amendment under the for the betterment of our Nation. include this other group or this other five-minute rule the amendment in the nature of a substitute recommended by the A middle class tax increase is loom- group, and decide on what the electoral Committee on Education and the Workforce ing. With the extension of the payroll body is, what is the electorate, choos- now printed in the bill. The committee tax, many middle class families earning their own electorate, as too many amendment in the nature of a substitute ing $70,000 to $80,000 a year will be Members of Congress attempt to do shall be considered as read. All points of forced to pay over a $1,000 a year more through the redistricting process, order against the committee amendment in in taxes. Apparently, the Republicans choosing their electorate to try to rig the nature of a substitute are waived. No believe that the government knows the election against the workers. amendment to the committee amendment in how to spend their money better than the nature of a substitute shall be in order This bill is just the latest assault on except those printed in the report of the American families. workers’ rights and it’s, again, typical Committee on Rules accompanying this res- As a businessman and an entre- of this do-nothing Congress. The Re- olution. Each such amendment may be of- preneur, I’m proud to have created publicans have been fixated on attack- fered only in the order printed in the report, many jobs and many businesses. I meet ing the National Labor Relations may be offered only by a Member designated with the businesses in my district on a Board, the board that is in place to in the report, shall be considered as read, regular basis. Not a single business has strike a balance between labor and em- shall be debatable for the time specified in raised this issue as any kind of impedi- the report equally divided and controlled by ployers by cutting the agency’s fund- ment to job growth, any kind of im- ing, by holding up new appointments the proponent and an opponent, shall not be pediment to getting the economy grow- subject to amendment, and shall not be sub- and, now, by reversing a rule on notice- ject to a demand for division of the question ing again. This is simply a non-related posting to inform employees of their in the House or in the Committee of the subject that pursues a longtime agenda rights. to destroy the ability of workers to or- Whole. All points of order against such Mr. Speaker, the people are wise to ganize. amendments are waived. At the conclusion see what’s going on here in Congress. of consideration of the bill for amendment This bill represents the Ohio-ization the Committee shall rise and report the bill of America. Just as Republicans at- Every week we’re in session, we see a to the House with such amendments as may tempted in the State of Ohio, House parade of special interest bills paraded have been adopted. Any Member may de- Republicans are simply union busting. on the House floor, while taxes for mid- mand a separate vote in the House on any But we saw what happened in Ohio, dle class families risk going up because amendment adopted in the Committee of the where Ohioans across the ideological the Republicans believe that govern- Whole to the bill or to the committee ment knows how to spend their money amendment in the nature of a substitute. spectrum overwhelmingly said ‘‘no’’ to this kind of anti-worker agenda. And better than the American people. The The previous question shall be considered as big energy companies have got numer- ordered on the bill and amendments thereto the American people reject it as well. to final passage without intervening motion This bill’s singular goal is to shut ous exemptions from the Clean Air and except one motion to recommit with or with- down workplace elections. It would Clean Water Acts. The rest of us got out instructions. overturn the proposed National Labor pollution, asthma, and other illness. The SPEAKER pro tempore (Mr. Relations Board rule, it would mod- Look, is it possible to create jobs by WOMACK). The gentlewoman from ernize the union election process and lowering standards? It is. If you want North Carolina is recognized for 1 hour. avoid delays. But instead of creating to remove workplace safety standards Ms. FOXX. Mr. Speaker, for the pur- efficiency in government, the work- you can create jobs, unsafe jobs. If you pose of debate only, I yield the cus- place election prevention actually want to reduce the minimum wage to tomary 30 minutes to the gentleman mandates inefficiency; it makes ineffi- $2 an hour, you can create jobs, $2-an- from Colorado (Mr. POLIS), pending ciency the norm rather than the excep- hour jobs. which I yield myself such time as I tion. The bill puts in place 35-day Is that the America we want? Is that may consume. During consideration of delays in holding elections after filing the America we want for our children this resolution, all time yielded is for petitions. The bill includes no limit on and grandchildren? We can do better, the purpose of debate only. how long the elections can be delayed. and we must do better.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7836 CONGRESSIONAL RECORD — HOUSE November 18, 2011 Why are we here? When will Ameri- Mr. Solomon apparently thought the gaining unit chosen by the union, di- cans get the jobs bill that we des- following was funny, despite his cur- viding employees and raising employ- perately need to the floor of the House rent efforts which threatens more than ers’ labor costs. of Representatives? 1,000 jobs in the great State of South We stand here today with an oppor- If you’ve got some ideas to create Carolina and in my district in North tunity. We can either allow the NLRB jobs, let’s get them out, put them in Charleston. Emailing a colleague re- to continue to create bad policy and front of us and discuss them. Let’s garding criticism from a magazine ar- bad rules, or we can put America and start by preventing the payroll taxes ticle, this is what he said. I want you the job creators back on the right from going up for middle class Ameri- to hear this clearly. I’m going to say it track. The question could not be sim- cans. slowly because we need to understand pler, and the choice has been made It’s obvious why this body has an ap- and appreciate that the NLRB has lost easy because of the inability of the proval rating that’s actually lower their marbles, without any question. NLRB to do what they were chosen to than communism now, and even lower His quote: ‘‘The article gave me a do, which was to be the impartial ref- than President Nixon when he renew idea. You go to Geneva and I get a eree on issues between employers and signed. It’s time for this Congress to job with Airbus,’’ Mr. Solomon said. employees, and I find that challenging. get to work to provide solutions to ‘‘We screwed up the U.S. economy, and help get this economy going, or it’s now we can tackle Europe.’’ b 0930 going to be time to get a new Congress. Let me repeat that because this is Mr. POLIS. Mr. Speaker, it is my I reserve the balance of my time. the chief counsel at the NLRB stating honor to yield 5 minutes to the gen- Ms. FOXX. Mr. Speaker, our col- very clearly his intentions and his lack tleman from California, the ranking leagues across the aisle are constantly of humor. ‘‘The article gave me a new member of the Education and Work- reminding the American people of what idea,’’ saying to one of his colleagues. force Committee, Mr. MILLER. a great economy we had when Presi- ‘‘You go to Geneva. I’ll get a job with (Mr. GEORGE MILLER of California dent Clinton was President. Airbus. We screwed up the U.S. econ- asked and was given permission to re- Why did we have such a great economy and now we can tackle Europe.’’ vise and extend his remarks.) omy? Because 6 of the 8 years that he Only in an alternate universe is this Mr. GEORGE MILLER of California. was President, we had a Republican- funny or does it make any sense what- I thank the gentleman for yielding. controlled Congress. The first 2 years soever. It is no secret that the NLRB’s Seventy-five years ago this Nation of his administration was a disaster in reckless actions have a direct impact decided as a matter of right and a mat- this country, and then we had 6 years on my district, without any question. ter of law that the decision of whether of the Republicans in control. They But it is also no secret many on both or not workers wanted a union be- balanced the budget. They reduced sides of the aisle have recognized the longed to those workers, and this Con- spending. danger of those actions. gress passed the National Labor Rela- And did we have a horrible economy? Earlier this year the House passed tions Act to give workers this right Did we have horrible workplace situa- my bill, H.R. 2587, which removes the and an election to decide. tions? No. ability from the NLRB to destroy jobs Ever since that time, companies have They want to lead you to believe that because, simply put, they cannot be fought to take away the right of the with Republicans in control and pass- trusted to do anything other than un- workers because they believe that the ing Republican bills that we’ll some- dermine the fragile recovery here in companies control all of the rights in how or another destroy this country. America. Unfortunately, Senator REID the workplace. They believe that the That is not going to happen. Under Re- has done with my bill what he has done workers should simply take and do as publican control we have, generally, a with the other 22 job-creating meas- they say, and that’s the end of the dis- booming economy, but not under ures: nothing. cussion. And this has been a battle Democrats. The SPEAKER pro tempore. The throughout the economic history of I now would like to yield 3 minutes time of the gentleman has expired. this country since the passage of the to my distinguished colleague from Ms. FOXX. I yield the gentleman an- National Labor Relations Act. South Carolina (Mr. SCOTT). other minute. Mr. SCOTT of South Carolina. Thank But the fact of the matter is that Mr. SCOTT of South Carolina. Thank when workers decide they want an or- you, Dr. FOXX. you, Dr. FOXX. ganization, they go out and they talk Mr. Speaker, I would like to submit In an effort to appease the President to their fellow workers, they form a for the RECORD the following email and his union supporters, the NLRB union, and they have an election. from Mr. Lafe Solomon, acting chief has gone off the tracks and begun pro- But what we now see is the compa- counsel of the NLRB. posing harmful rules, left, right, up, nies constantly trying to insert them- The article gave me a new idea. You go to down. It is ridiculous. geneva and I get a job with airbus. We One of these rules is why we’re here selves into that worker-controlled screwed up the us economy and now we can today, an effort to allow for quickie process by trying to disrupt the elec- tackle europe. union elections. This rule, quite sim- tions of those workers and trying to Mr. Speaker, I would say that there’s ply, puts the rights of all employees at keep them from exercising their rights no question that the NLRB is not risk. By allowing as little as 7 to 10 under the law. And this is the goal of under attack. Employees’ freedom is days for employees to decide whether this very antiworker, antifamily legis- under attack. The workplace fairness they want to join a union or not, the lation. It would end the collective bar- concept is under attack, but certainly NLRB is preventing many from having gaining rights for working people in not the NLRB. the time to do the necessary research this country because it would so skew There’s no question that the NLRB and make a good decision on whether the process that you would never get to was thought to be an impartial referee or not they join a union. that election that workers are guaran- for our employers and our employees, Currently, the average time is 35 to teed under the law. but that has not been the case. They 40 days, a reasonable amount of time. This is Wisconsin and Ohio all have been anything other than impar- This is a significant difference. Going wrapped up into one. This goes across tial. And their email trail will show from 35 to 40 days down to 7 to 10 days the Nation. What they can’t do in the that in just a few seconds. is ridiculous. States where they don’t control the But despite the fact that today we The SPEAKER pro tempore. The governorship or the legislature, where have 2 million more unemployed Amer- time of the gentleman has again ex- they made the attempt right after the icans, the NLRB continues to choose pired. election to take away workers’ rights sides in the disputes, as opposed to Ms. FOXX. I yield the gentleman an- at work, where they can’t do that, they being a referee. Their lack of judgment other minute. now seek to do in the Halls of Con- and common sense has been magnified, Mr. SCOTT of South Carolina. Thank gress, to so change the process and to and it can be seen clearly in the email you, Dr. FOXX. discriminate against the rights of conversations within the Department The new rule also makes it impos- workers so that, in fact, the process of the NLRB. sible for anyone to challenge the bar- ceases to exist.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7837 How do they do that? They do that set against this? Because they don’t So why are we here today? What hap- by having endless delays. Why are end- want to do this anymore. They want to pens currently? less delays important to employers? So ship the jobs to China. They want no Mr. Speaker, I grew up in a union that they can hire union-busting law minimum wage. They want a sub-min- household. My father was a union firms to come in and intimidate and imum wage. They want no rights for worker at that time for the United teach employers how to intimidate workers. How will the American fami- Rubber Workers Union. He worked in a workers because, don’t forget, the em- lies survive that? They’ve already off- factory and he made shoe heels. And ployer has the right from the moment loaded all of the health care costs they the union, we have a right in this coun- they’re served notice to have captive possibly could. try, employees have a right to organize meetings in the workplace where they The SPEAKER pro tempore. The and to vote in a union or not. threaten the workers with the loss of time of the gentleman has expired. So what’s happening right now? Well, jobs, where they threaten the workers Mr. POLIS. I yield the gentleman an currently in 2010, 92 percent of the ini- with being fired, where they threaten additional 30 seconds. tial union elections were held under a the workers of sending work to China Mr. GEORGE MILLER of California. voluntary election agreement of when or elsewhere, where they threaten the They’ve off-loaded all of the pension they had an election, 92 percent. Only 8 workers that they won’t get the pro- costs they possibly could on the backs percent went to the NLRB election of- motion, where they change the work- of these workers. ficial, at which time then they had to ers’ shift time from maybe day shift to We should not allow that to happen, sit down together—that’s what hap- graveyard shift and keep rotating them not in this country, not in this Con- pens—to agree on the rules of the elec- around to show them that they’re in gress. We should not allow it to happen tion. And as the gentleman from South control and the workers have no rights. to American workers and to their fami- Carolina (Mr. SCOTT) pointed out, the And if you can do it for 7 days, you lies. We should defeat this very anti- NLRB is supposed to be a fair arbiter— have a chance. If you can do it for 10 family piece of legislation. like you’re playing a basketball game days, you have a better chance. If you Ms. FOXX. Mr. Speaker, regular and you go to someone’s home gym; can do it for as many as 2,000 days that order. you expect the referees there to carry these law firms have kept the process The SPEAKER pro tempore. The out a fair game for both sides—so that open, you can kill the drive for a time of the gentleman has expired. both sides have a chance to give their union. You can intimidate the workers. Mr. POLIS. I did yield an additional side of the story. How else do they do it? When work- 30 seconds to the gentleman from Cali- So in June of this year, what’s hap- ers decide among themselves that we fornia. pened? The NLRB issued a rule that want a unit within this company, with- The SPEAKER pro tempore. The would say that an employer has 7 days in this factory to represent us, this bill time of the gentleman has again ex- to find an attorney to present their now says that the employer can come pired. side of the case. And remember, in this, in and rearrange the members of the Mr. POLIS. I yield the gentleman an just the description of this, there are unit that would have that election. additional 30 seconds. over 400 pages of rules that you have to They can stuff the ballot box. They can Mr. GEORGE MILLER of California. go through or information that the pick your candidates to stand for elec- As for regular order, I would like to re- lawyer has to go through and has 7 tion. Doesn’t sound very Democratic to mind the gentlewoman from North days to get that done, and an employee me. But that’s what they get to do Carolina that when the vote came, would have just 10 days to decide under this bill that’s proposed. there wasn’t a single Republican vote whether they want a union or not. And The workers no longer get to decide, back in the Clinton era. Not a single they have that right. as the law says they get to decide. The Republican vote. Once again, you Today, almost 70 percent of the elec- workers no longer get to decide, as the tions held, the union wins. And what’s balked when it came time to vote. Supreme Court says they get to decide. Ms. FOXX. Mr. Speaker, I now would the average time of the election? Thir- The employer gets to decide. The arro- ty-one days. So that means if you want like to yield 4 minutes to the gen- gance of these people to suggest that to vote on the 1st of October of 2011, tleman from Tennessee, Dr. ROE, a they should pick the leaders of the the average time, by the end of that southern gentleman who understands workers, that they should pick the or- month, 70 percent, almost three out of the rules. ganization of the workers who have a four, would be picked, yes, we want a Mr. ROE of Tennessee. Dr. FOXX, I right to organize. union. So they get to delay the elections. thank you for yielding. b 0940 They encourage and provide for and de- Mr. Speaker, I urge my colleagues to fine the right to continue to file frivo- support this rule and the underlying So what happens after this, after lous lawsuits so that this process never bill. Our country is in the middle of a these 10 days? ends. You can bankrupt these workers jobs crisis, no question. Both sides un- The second thing that the union if they try to run head-on-head with derstand that. The national unemploy- wants is the amount of information these big law firms that are specialized ment rate has hovered around 9 percent that’s required that an employee give in this, that travel around the country for the longest time in my lifetime, up. What would that be? Well, that to take away the rights at work. and in Tennessee it’s even higher, 9.8 would be personal information, includ- What does this mean? This means un- percent. Millions of American families ing your work schedule, your home ad- derpinning the basic organization in are struggling as we speak. dress, phone numbers, etc. Right now, the American workplace today that Amidst all of this uncertainty, the what we want and what this bill says is speaks on behalf of the middle class. House, with bipartisan support, has that the employees get to decide with This is from the organization that passed 22 jobs bills. Right down this regard to just their names and what brought you the great American week- hallway here this week the U.S. Senate other ways they want to get contacted. end. This is the organization that worked so hard they voted two times I think that’s fair. I think that’s right. brought you the 8-hour day. This is the on two Federal judges. That’s all the Let the employees decide. organization that brought you over- work that took place with 22, many of Mr. Speaker, also what my colleague time pay if you work longer than 8 them bipartisan bills, passed, Mr. from California spoke of is the bar- hours. This is the organization that Speaker. gaining unit. For over two decades, the brought you sick leave. This is the or- I think right now we’ve seen in this NLRB has used a standard to define ganization that brought women their country, to hold up jobs, the delay of what a ‘‘bargaining unit’’ is. This is a rights at work. This is the organization the Keystone pipeline, which would es- new definition. We have done this for that makes safe work places. This is sentially, over time, provide us as almost 30 years in this country, and we the organization that provided, for the much oil from Canada as we’re getting want this to change. As I understand first time, pensions and retirement from OPEC right now. 1.3 million bar- the law, it’s against the law for an em- benefits for workers. rels a day would essentially relieve us ployer right now—and it has been for Any wonder why these corporations, and help our national security and cre- over three decades—to threaten a why the Chamber of Commerce is so ate thousands of jobs. worker.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7838 CONGRESSIONAL RECORD — HOUSE November 18, 2011 The SPEAKER pro tempore. The and brings it to the floor for debate. mothball the facility in north Charles- time of the gentleman has expired. The answer is pretty clear: ton, displace 1,000 workers, and return Ms. FOXX. I yield the gentleman an It’s a thinly veiled—and a very thinly the work to a union State. additional minute. veiled—effort to make it all but impos- That is exhibit A in NLRB’s activist Mr. ROE of Tennessee. I thank the sible for American workers to organize agenda, and I regret to say this: As a gentlelady for yielding. in labor unions. That’s it. It’s an effort former prosecutor who actually values This bill would give the employer 14 to place ideology over practicality. It impartiality and fairness, Mr. Speaker, days on a preelection hearing to find has nothing to do with job creation. they have become a sycophant of Big representation. It would allow the The SPEAKER pro tempore. The Labor. workers 35 days to get the information time of the gentleman has expired. And while Boeing is exhibit A, it is that they need to make an informed Mr. POLIS. I yield the gentleman an by no means the only evidence of an decision to vote in a secret ballot so additional 30 seconds. activist, politically motivated agenda. that they can decide and so that the Mr. CROWLEY. In over 300 days here Currently, union elections take place, employer or the union cannot intimi- on the floor, there has not been a sin- on average, within 31 days of the filing date these workers. It would allow the gle jobs bill offered by my Republican of an election petition. Additionally, employees, the workers—not the colleagues to put Americans back to unions are victorious more often than union—to decide what information work. Instead, once again, they’ve put not. But unions want more, so they they want to give up. on the floor a bill to hurt the American persuaded the NLRB to propose sweep- This is a commonsense bill. This just worker, the American family. ing changes to the rules and regula- basically redefines what has been going Have you no shame? Is there no end tions governing the election process, on for over three decades. I respect the to this? Are there any other depart- shifting the balance of power even fur- right of anyone to belong to a union if ments we can get rid of in these few re- ther towards those employees seeking he wants to—as I said, I lived in a maining days of this session? unionization. union household. Yet I believe this will Put Americans back to work. Stop By promoting rushed elections and allow both sides a free and fair way to beating up on the fair players on this ruling that elections can take place in decide whether they want to. playing field. Put Americans back to as little as 10 days, Mr. Speaker, the Mr. POLIS. Mr. Speaker, I yield 2 work. NLRB severely limits the opportunity minutes to the gentleman from New Ms. FOXX. Mr. Speaker, I would like for workers to hear all sides of the York (Mr. CROWLEY). to remind my colleague from New issue and make an informed decision. Mr. CROWLEY. I thank the gen- York, as well as remind all of my col- Additionally, employers would only tleman from Colorado for yielding leagues across the aisle, that Repub- have 7 days to retain legal counsel and time. licans have passed over 20 bills this ses- decipher the complex labyrinth of Fed- Mr. Speaker, I played a little basket- sion that would create jobs and have eral labor law before presenting their ball in my day. I grew up on a school- passed bills that would bring down the case before an NLRB hearing officer. yard, and we chose teams. We didn’t cost of gasoline. Those are the two Education and Workforce Committee need referees, quite frankly, because things that my constituents are most Chairman JOHN KLINE smartly intro- we chose teams fairly. You don’t need concerned about. If my colleagues duced H.R. 3094, the Workforce Democ- racy and Fairness Act, to level the referees here either if you have the op- across the aisle are talking to their playing field. This legislation requires portunity to pick the other team. constituents or, more importantly, are no union election occur in less than 35 You’re the A team, but you get to say listening to their constituents, they days, thus granting all parties the abil- who you’re going to play. You don’t would know that’s what their constitu- ity to present their arguments and en- need referees in that kind of a game be- ents are concerned about also. How- suring workers have the ability to cause you know the outcome. You ever, those bills are tied up in the Dem- reach an informed decision. H.R. 3094 know what the outcome is going to be. ocrat-controlled Senate. acknowledges that full and complete That’s what this legislation is I now would like to yield 5 minutes information is treasured when employ- about—trying to undo the fair playing to my distinguished colleague from ees are contemplating how they will field. South Carolina, who did such a wonder- vote. Now, I have heard that the job losses ful job on C–SPAN this morning, Mr. Ironically, some unions have already in this country are because of Presi- GOWDY. endorsed President Obama’s reelection dent Obama and the health care bill. Mr. GOWDY. I want to thank the bid, which is a year off. Clearly, they I’ve heard that the job losses in this gentlelady from North Carolina for her believe they need the time, the 12 country are because of Speaker PELOSI leadership on this issue and on so many months, to inform their members, but and HARRY REID and all the bad legisla- other issues on the Education and somehow a week is enough for employ- tion. I’ve heard they’re because we Workforce Committee. ers to inform their employees of all sa- have a Department of Education, and Mr. Speaker, when so many of our lient facts before an election. I’ve heard they’re because we have a fellow citizens are hurting, when so The hypocrisy and blind advocacy to- Department of Commerce, and I’ve many of our fellow citizens are looking wards Big Labor has to stop, Mr. heard they’re because we have a De- for work, when so many of our fellow Speaker. The purpose of the National partment of—oops, I’m sorry. I forgot. citizens are striving to meet their fa- Labor Relations Board is to enforce the You got me—the NLRB. milial and societal obligations and National Labor Relations Act, and the Mr. Speaker, I rise today in strong when all they want is the most basic of purpose of the National Labor Rela- opposition to this legislation. My col- all family values, which is a job—and tions Act is to balance the rights of leagues on the other side of the aisle as my friend TIM SCOTT, my friend and employers, employees, and the general have a common refrain that they want colleague from Charleston, so elo- public. The act is not calculated to to make the Federal Government more quently put it this morning—the NLRB drive up union membership because efficient, work better for the American thinks it’s a joke, Mr. Speaker, a joke. they happen to be a loyal constituency people, and move obstacles to create a They’re making jokes about it. of the Democrat Party. mantra that I am very much in favor Airbus is not just another plane man- of. ufacturer; they’re a direct competitor b 0950 But this bill will do exactly the oppo- to Boeing. Virtually everyone is famil- Because the NLRB, through its filing site. iar with the most glaring example of of proposed rules and regulations, has In fact, repealing the NLRB’s pro- NLRB overreach, which is the com- lost all pretense of objectivity in labor posed rule will actually make govern- plaint they filed against Boeing. Not a issues, fair, evenhanded pieces of legis- ment less efficient, more burdensome, single example of job loss has been lation, like Chairman KLINE’s Work- and will introduce costly delays to a cited. Not a single worker has lost a force Democracy and Fairness Act, are process that is already rife with abuse. single benefit in the State of Wash- necessary. I think the American people deserve to ington. Nevertheless, the NLRB sued In conclusion, Mr. Speaker, I encour- know why the GOP prioritizes this bill Boeing. They seek to have Boeing age my colleagues to help us protect

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7839 American jobs, to stand up for equal taurants and buy in the stores. There’s is that they sit down across from their access to justice, and promote a level a bill pending before the House to do employees and bargain, talk to them playing field. I encourage my col- that, the President’s jobs bill; but about terms and conditions of employ- leagues to support the rule and support we’re not voting on that today. We ment and benefits. the underlying bill. have something better to do. Another What this bill would do is establish a Mr. POLIS. Mr. Speaker, I yield 3 way would be to avoid a massive tax one-size-fits-all approach to orga- minutes to the gentleman from New increase on the middle class of this nizing, forcing together employees who Jersey (Mr. ANDREWS). country. have very little in common and mak- (Mr. ANDREWS asked and was given The SPEAKER pro tempore. The ing it much more difficult to organize. permission to revise and extend his re- time of the gentleman has expired. That’s gerrymandering, basically, to marks.) Mr. POLIS. I yield 1 additional protect employer interests, plain and Mr. ANDREWS. Mr. Speaker, when minute to the gentleman from New simple. the sun rose over the country this Jersey. But this bill doesn’t stop at changing morning, a lot of Americans got out of Mr. ANDREWS. I thank my friend. existing rules, however. This bill would bed to go to a job that doesn’t pay If we don’t act by January 1, there overturn proposed rules that have not them enough to support their family. will be a $1,500 tax increase on every even been finalized by the National They’re working part time to pay full- middle class family in this country. Labor Relations Board. The NLRB has time bills. A lot of other Americans The President says we should postpone proposed practical rules modernizing who have good jobs, good full-time jobs that tax increase so people have more and streamlining the union election woke up this morning and worried if money to spend, but we’re not voting process. The proposed rules are a gen- this was going to be the day they got on that bill today. We have something uine improvement over the existing their pink slip and got their layoff no- more important to do. procedures and are designed to encour- tice. And far too many Americans, at How about the idea of a tax cut for age the use of technology, discourage least 15 million of them, got up this small businesses that hire people? unnecessary litigation, and save tax- morning and didn’t have a job to go to. That’s in the President’s jobs bill. But payer dollars. Ninety percent of the people sur- we’re not voting on that today because Look, I was an ironworker for 18 veyed in a recent survey of this coun- we have something more important to years, a union ironworker. I am very try said the American Dream is either do. How about saying to teachers who proud of that fact. I was the union dead or on life support. Because, see, have been laid off from the classroom, president. I also was involved in very the deal in the country has always firefighters and police officers not on many union organizing drives, not only been, if you work as hard as you can the job because of tax cuts in local gov- for my own union but for the car- and do your fair share, then the coun- ernment, how about saving their jobs penters, stage hands, and wardrobe try will give you the opportunity to so they can serve their communities workers. And the National Labor Rela- move your family forward. People and spend more in the stores and res- tions Act is actually set up to reduce don’t buy that anymore. They don’t be- taurants and on products in this coun- the likelihood of unrest, of workforce lieve in it anymore. try? That’s in the President’s jobs bill, disputes. It’s really to help business And so what are we doing about it but we’re not voting on that because and workers reduce that economic con- here this morning? We’re having a de- we have something more important to flict. This bill will have the opposite bate about a bill that changes the rules do. effect. This bill will actually increase for the way people decide whether or There’s a reason why 90 percent of the likelihood of labor disputes. not to have a union in their workplace. the people of this country think the And we have seen in this country a This is an important consideration; it’s Congress is not doing a good job. It’s great disparity between the haves and a worthy consideration. I think the bill because the Republican leadership of the have-nots. This is going to make is a very bad one, but it’s a credible de- this Congress is voting on the wrong matters worse. Instead of putting peo- bate to have. But it’s the wrong debate bill at the wrong time, and today’s an- ple to work, this is going to cause to have. other sad chapter in that reality. strife and reduce the efficiency and Members of our caucus have gone out Ms. FOXX. I reserve the balance of productivity of America’s workers. over the last month and have spoken to my time. This is shameful. thousands of small business people, the Mr. POLIS. Mr. Speaker, I yield 3 All these union workers, this is the real job creators in this country who minutes to the gentleman from Massa- middle class in America. You are de- create two out of every three jobs cre- chusetts (Mr. LYNCH). stroying the middle class in America. ated in America; and here’s what Mr. LYNCH. I thank the gentleman You are increasing that disparity be- they’ve said: We’re not hiring people for yielding. tween the haves and the have-nots. largely because we don’t have enough Mr. Speaker, I rise in strong opposi- We’ve got to do better than this. The customers; and if we think we do have tion to this rule and to the underlying American people deserve it. enough customers, we can’t get loans bill, H.R. 3094, the so-called Workforce Ms. FOXX. Mr. Speaker, I continue from banks that we bailed out with our Democracy and Fairness Act. to reserve the balance of my time. tax money. Since the start of the 112th Congress, Mr. POLIS. I will inquire of the gen- That’s what we ought to be dis- a certain faction guiding the Repub- tlelady if she has any additional speak- cussing here today. lican majority has undertaken what ers. Now, the other side will say, no, no, amounts to a full-scale attack on Ms. FOXX. We do not, and I am pre- these small business people aren’t hir- America’s working families and Amer- pared to close, if the gentleman from ing because of their deathly fear of reg- ica’s working class and against the Colorado is prepared. ulations. Well, here’s what the Bureau bedrock principles that have helped Mr. POLIS. Very well. of Labor Statistics says: When they create America’s middle class. I yield myself the balance of my interviewed employers who had laid This latest effort is more of the time. people off in 2010 and said, Why did you same. The so-called Workforce Democ- Mr. Speaker, the middle class of this lay people off, about 40 percent of those racy and Fairness Act is another piece country doesn’t need a higher payroll employers said, We laid people off be- of legislation that weakens the rights tax, more dirty air, dirty water, fewer cause we don’t have enough customers. and protections that workers have workers’ rights; and they certainly Two-tenths of 1 percent said they laid fought long and hard to obtain. don’t need more partisan gridlock in people off because of regulation. That’s Section 9(b) of the National Labor this do-nothing Congress. Yet that is what the facts are. Relations Act gives employees the what is being offered here today. How do you get more customers for right to organize in ‘‘an appropriate The American people and the Amer- businesses? One idea would be to put unit,’’ giving them choice on how best ican economy need jobs, need opti- construction workers back to work to bargain with their employer. And mism. Our Nation needs to know that building schools and libraries and roads that’s all this is about. When an em- we’re working to ensure American and bridges so they’d eat in the res- ployee group organizes, all it requires competitiveness and access to hope and

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7840 CONGRESSIONAL RECORD — HOUSE November 18, 2011 opportunity, to work to ensure that Mr. BLUMENAUER. Mr. Speaker, I am dis- Ms. SLAUGHTER. Mr. Speaker, my col- kids get the best education in the appointed by the House passage of H. Res. leagues have pointed out, rather than mini- world so we can drive the economic en- 470, which ensures that the so-called ‘‘Work- mizing undue delay in union voting procedure, gine of today and tomorrow, invent force Democracy and Fairness Act’’ will re- today’s bill mandates delay. new technologies, propel future genera- ceive a vote in the House of Representatives. The bill would also empower employers to tions of American ingenuity and lead- This legislation is anti-democratic, anti-union, interfere in union elections by adding anti- ership. and anti-middle class. union employees to voting blocks—gerry- b 1000 If enacted, H.R. 3094 would allow compa- mandering union elections. nies to indefinitely delay workers elections, al- This kind of political gridlock in this Letting an employer delay and manipulate lowing companies to choose when and how do-nothing Congress does not help union elections is a blatant attempt to put the America move forward. This bill’s sin- workers will vote to form a union. The legisla- fox in charge of the hen house. It is a direct gular goal is to delay and ultimately tion encourages wasteful litigation and over- attack on the ability of workers to unionize. prevent workers from voting in work- rides the current National Labor Relations The truth is that unions continue to play an place elections. These rights have Board decision-making process, replacing it invaluable role in maintaining America’s mid- helped to create the American middle with one that will be more expensive and dif- dle class—no small feat in the age of shrink- class in the last century. In recent dec- ficult to navigate, that will take longer to final- ing middle class incomes and rising inequality. ize, and that fails to protect the rights of work- ades, the erosion of these rights has The proposed bill is yet another corporate ers. lowered paychecks for families, led to favor that we are considering in this Congress. Passage of H. Res. 470 once again dem- jobs outsourcing overseas, and widened Its singular goal is to delay and ultimately pre- onstrates that the Republican majority is failing the income disparities in our society. vent workers from exercising their hard won to support American workers and American Are environmental and workplace right to organize in the workplace. laws, which have been around for dec- families. While I am proud to have voted In the last year, we’ve watched politicians in ades, the reason the economy is lag- against H. Res. 470, I am disappointed by its power try to strip thousands of Americans of ging? Of course not. Yet these are the passage. their right to collectively bargain, and we’ve types of so-called solutions that are Mr. GENE GREEN of Texas. Mr. Speaker, being put forward in bill after bill after I rise in opposition to H. Res. 470, the Rule watched as those very same Americans have bill. providing for consideration of H.R. 3094, the taken to the streets and gone to the polls to Let’s talk about preventing a loom- Workforce Democracy and Fairness Act. protect their rights. ing increase on taxes in the middle The misleadingly named Workforce Democ- The message from the American people is class. I encourage the supercommittee racy and Fairness Act has one overriding clear—they will not accept attempts to destroy and, if it need be, standalone legisla- goal—to frustrate workers’ right to vote in a the middle class and American unions. Neither tion to ensure that we can keep payroll union election. will I. taxes at their current level. It’s time Seventy-six years ago, this body passed the I urge my colleagues to oppose today’s rule for Congress to take up the President’s National Labor Relations Act, which stated: ‘‘It and the underlying bill. Jobs Act, which includes extending the is declared to be the policy of the United The previous question was ordered. middle class tax cut. The American States to . . . encourag[e] the practice and The SPEAKER pro tempore. The Jobs Act, which Republicans still procedure of collective bargaining . . . for the question is on the resolution. refuse to consider, includes job-cre- purpose of negotiating the terms and condi- The question was taken; and the ating proposals, including rebuilding tions of [workers’] employment.’’ Speaker pro tempore announced that our schools, tax breaks for small busi- The legislation being considered today the ayes appeared to have it. nesses to create jobs, and modernizing would undermine the very intent of the NLRA our air traffic control system. Mr. POLIS. Mr. Speaker, on that I by setting aside decades of labor jurispru- demand the yeas and nays. It’s time for this Congress to stand dence set by the National Labor Relations The yeas and nays were ordered. up for the American people, to offer so- Board (NLRB) and our nation’s courts, and re- lutions, to get serious about getting place it with new and untested processes that The SPEAKER pro tempore. Pursu- our economy back on track instead of would cause uncertainty, delay elections, and ant to clause 8 of rule XX, further pro- just scoring political points that ap- prevent rather than encourage collective bar- ceedings on this question will be post- peal to the base. gaining. poned. I urge a ‘‘no’’ vote on this rule and The Workforce Democracy and Fairness Act the underlying bill, and I yield back would do this by mandating a set of waiting f the balance of my time. Ms. FOXX. Mr. Speaker, I want to periods and a full, pre-election hearing over point out that I neglected to say ear- any issue that is raised by a party. COMMUNICATION FROM THE lier in response to my colleague who For instance, no election would be allowed CLERK OF THE HOUSE said we hadn’t passed any House bills, to occur no sooner than 35 days after the fil- The SPEAKER pro tempore laid be- that those were bipartisan bills that ing of a petition. However, there is no limit on fore the House the following commu- passed. Every one of the jobs bills that how long an election may be delayed. nication from the Clerk of the House of we passed has received bipartisan sup- Delay gives unscrupulous employers more Representatives: port, and the American people want us time to use any means, legal or illegal, to pressure employees into abandoning their or- OFFICE OF THE CLERK, to be bipartisan, and I hope that they HOUSE OF REPRESENTATIVES, have noticed in the debate today that ganizing efforts. Washington, DC, November 18, 2011. the vitriol about this bill has not come Also found in this legislation are provisions Hon. JOHN A. BOEHNER, from our side of the aisle. that would encourage frivolous litigation for the The Speaker, House of Representatives, House Republicans are committed to purpose of slowing the election process and Washington, DC. reducing government red tape as a way stalling any vote. This will create a massive DEAR MR. SPEAKER: Pursuant to the per- to encourage job creation. The rule be- backlog of cases on the taxpayer’s dime. mission granted in Clause 2(h) of Rule II of fore us today provides for consider- This bill would also give employers the abil- the Rules of the U.S. House of Representa- ation of yet another bill to reduce gov- ity to gerrymander elections through the pro- tives, the Clerk received the following mes- posed legislation’s one-size-fits-all test in de- sage from the Secretary of the Senate on No- ernment interference in job creation by vember 18, 2011 at 8:52 a.m.: fining who would be allowed to vote in an or- reinstating the traditional standards That the Senate passed with amendments for unions organizing elections and en- ganizing election, thereby making a majority H.R. 2056. suring that employees’ and employers’ vote all the more difficult to achieve. That the Senate passed with an amend- voices are heard. It is time for this Chamber to put aside its ment H.R. 1059. Therefore, I urge my colleagues to war on the American worker and his or her That the Senate passed with an amend- vote for this rule and the underlying right to organize and collectively bargain. ment H.R. 3321. bill. I ask my colleagues on both sides of the That the Senate passed S. 99. I yield back the balance of my time, aisle to stand up for working Americans and With best wishes, I am and I move the previous question on vote against this rule and the underlining legis- Sincerely, the resolution. lation. KAREN L. HAAS.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7841 FEDERAL COURTS JURISDICTION SEC. 2. FINDINGS. PROPOSING A BALANCED BUDGET AND VENUE CLARIFICATION ACT Congress finds that— AMENDMENT TO THE CONSTITU- OF 2011 (1) section 2107 of title 28, United States TION Mr. SMITH of Texas. Mr. Speaker, I Code, and rule 4 of the Federal Rules of Ap- The SPEAKER pro tempore. Pursu- pellate Procedure provide that the time to ask unanimous consent to take from appeal for most civil actions is 30 days, but ant to section 2 of House Resolution the Speaker’s table the bill (H.R. 394) that the appeal time for all parties is 60 days 466, proceedings will now resume on the to amend title 28, United States Code, when the parties in the civil action include motion to suspend the rules and pass to clarify the jurisdiction of the Fed- the United States, a United States officer, or the joint resolution (H.J. Res. 2) pro- eral courts, and for other purposes, a United States agency; posing a balanced budget amendment with Senate amendments thereto, to (2) the 60-day period should apply if one of to the Constitution of the United the end that the House concur in Sen- the parties is— States, as amended. ate amendment No. 1 and concur in (A) the United States; The Clerk read the title of the joint (B) a United States agency; Senate amendment No. 2 with the (C) a United States officer or employee resolution. amendment I have placed at the desk. sued in an official capacity; or The SPEAKER pro tempore. When The Clerk read the title of the bill. (D) a current or former United States offi- proceedings were postponed on Thurs- The SPEAKER pro tempore. The cer or employee sued in an individual capac- day, November 17, 2011, 2 hours and 421⁄2 Clerk will report the Senate amend- ity for an act or omission occurring in con- minutes of debate remained on the moments and the proposed House amend- nection with duties performed on behalf of tion. ment. the United States; The gentleman from Virginia (Mr. (3) section 2107 of title 28, United States The Clerk read as follows: GOODLATTE) has 1 hour and 271⁄2 min- Code, and rule 4 of the Federal Rules of Ap- Senate amendments: utes remaining, and the gentleman On page 9, line 17, strike ‘‘1454’’ and insert pellate Procedure (as amended to take effect on December 1, 2011, in accordance with sec- from Michigan (Mr. CONYERS) has 1 ‘‘1455.’’ hour and 15 minutes remaining. On page 12, after line 4, strike ‘‘1454. Proce- tion 2074 of that title) should uniformly dure for removal of criminal prosecutions.’’ apply the 60-day period to those civil actions Without objection, the gentleman and insert ‘‘1455. Procedure for removal of relating to a Federal officer or employee from Texas (Mr. SMITH) will control the criminal prosecutions.’’ sued in an individual capacity for an act or time of the gentleman from Virginia omission occurring in connection with Fed- House amendment to Senate amend- (Mr. GOODLATTE). eral duties; There was no objection. ment No. 2: (4) the civil actions to which the 60-day pe- Add at the end the following: riods should apply include all civil actions in The SPEAKER pro tempore. The Redesignate section 104 as section 105 and which a legal officer of the United States Chair recognizes the gentleman from insert the following after section 103: represents the relevant officer or employee Texas. SEC. 104. TECHNICAL AMENDMENT. when the judgment or order is entered or in GENERAL LEAVE Section 1446(g) of title 28, United States which the United States files the appeal for Mr. SMITH of Texas. Mr. Speaker, I Code, is amended by striking ‘‘subsections that officer or employee; and ask unanimous consent that all Mem- (5) the application of the 60-day period in (b) and (c)’’ and inserting ‘‘subsection (b) of bers may have 5 legislative days within this section and paragraph (1) of section section 2107 of title 28, United States Code, 1455(b)’’. and rule 4 of the Federal Rules of Appellate which to revise and extend their re- Amend the table of contents of the bill by Procedure— marks and include extraneous material striking the item relating to section 104 and (A) is not limited to civil actions in which on House Joint Resolution 2, as amend- inserting the following: representation of the United States is pro- ed, currently under consideration. Sec. 104. Technical amendment. vided by the Department of Justice; and The SPEAKER pro tempore. Is there Sec. 105. Effective date. (B) includes all civil actions in which the objection to the request of the gen- Mr. SMITH of Texas (during the read- representation of the United States is pro- tleman from Texas? ing). Mr. Speaker, I ask that the read- vided by a Federal legal officer acting in an official capacity, such as civil actions in There was no objection. ing be dispensed with. which a Member, officer, or employee of the Mr. SMITH of Texas. Mr. Speaker, I The SPEAKER pro tempore. Without Senate or the House of Representatives is yield myself 2 minutes. objection, the reading is dispensed represented by the Office of Senate Legal Yesterday, we began debate on the with. Counsel or the Office of General Counsel of balanced budget amendment, debate There was no objection. the House of Representatives. that I hope culminates today with a bi- The SPEAKER pro tempore. Is there SEC. 3. TIME FOR APPEALS TO COURT OF AP- partisan two-thirds vote in its favor. objection to the original request of the PEALS. The American people of all political gentleman from Texas? Section 2107 of title 28, United States Code, stripes and from all walks of life de- There was no objection. mand we pass this amendment. Recent A motion to reconsider was laid on is amended by striking subsection (b) and inserting the following: polling by CNN indicates that a con- the table. ‘‘(b) In any such action, suit, or pro- stitutional amendment to require a f ceeding, the time as to all parties shall be 60 balanced Federal budget garners more APPEAL TIME CLARIFICATION ACT days from such entry if one of the parties than 70 percent support among men, OF 2011 is— women, whites, nonwhites, every age Mr. SMITH of Texas. Mr. Speaker, I ‘‘(1) the United States; group, every income level, and people ‘‘(2) a United States agency; ask unanimous consent to take from from every region of the country. Why ‘‘(3) a United States officer or employee do Americans overwhelmingly support the Speaker’s table the bill (S. 1637) to sued in an official capacity; or clarify appeal time limits in civil ac- a balanced budget amendment? Be- ‘‘(4) a current or former United States offi- cause they understand that unending tions to which United States officers or cer or employee sued in an individual capac- Federal deficits wreck our economy employees are parties, and ask for its ity for an act or omission occurring in con- immediate consideration in the House. nection with duties performed on behalf of and steal prosperity from future gen- The Clerk read the title of the bill. the United States, including all instances in erations. The SPEAKER pro tempore. Is there which the United States represents that offi- President Obama has set the wrong objection to the request of the gen- cer or employee when the judgment, order, kind of new record. The national debt or decree is entered or files the appeal for has increased faster under his adminis- tleman from Texas? that officer or employee.’’. There was no objection. tration than under any other President The text of the bill is as follows: SEC. 4. EFFECTIVE DATE. in history. This runaway government spending paralyzes the job market, S. 1637 The amendment made by this Act shall Be it enacted by the Senate and House of Rep- take effect on December 1, 2011. erodes confidence among America’s resentatives of the United States of America in employers, and has caused the worst Congress assembled, The bill was ordered to be read a economic recovery since the Great De- SECTION 1. SHORT TITLE. third time, was read the third time, pression. This Act may be cited as the ‘‘Appeal Time and passed, and a motion to reconsider The balanced budget amendment is Clarification Act of 2011’’. was laid on the table. not an untested idea. Forty-nine States

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7842 CONGRESSIONAL RECORD — HOUSE November 18, 2011 have some form of a balanced budget the part of all of us here, and that outs go up, food stamp payouts go up; requirement. We are overdue to adopt a would be unacceptable to the citizens and if you decrease the spending, it re- balanced budget amendment to the of our country. duces the amount of products that peo- Constitution. We must stop the flood of I reserve the balance of my time. ple want in society, it reduces the deficit spending that threatens to Mr. SMITH of Texas. Mr. Speaker, I amount of money in circulation, and it drown future generations of Americans yield 1 minute to the gentleman from makes the recession into a depression. in a sea of debt. Ohio (Mr. GIBBS). In good times, you should run a sur- I reserve the balance of my time. Mr. GIBBS. Mr. Speaker, as a mem- plus; in recession, you should run a def- Mr. CONYERS. Mr. Speaker, I yield ber of the Balanced Budget Caucus, I icit. Over a long period of time, the myself such time as I may consume. rise in strong support of the balanced budget should be balanced. But if you I welcome the continuation of this budget amendment we are going to attempt to balance the budget during a discussion about an incredibly impor- take up on the House floor today. recession, you generate a much worse tant proposal. I’ve heard many of my colleagues on loss of jobs. And that’s why you don’t We gather here today to determine the other side of the aisle say this is want this—or you shouldn’t want this. whether we should add one more not the time to take this up, but now Secondly, this amendment is not self- amendment to the 27 amendments to is exactly the time we should be taking enforcing. All it says is outlays shall the Constitution that have been en- this up. not exceed receipts, and Congress can acted since the last part of the 18th In 1995, a balanced budget amend- pass appropriate legislation. century when our country was formed. ment passed the House with bipartisan But what does that mean? It means I was reviewing something that a support, only to lose by one vote in the that if outlays exceed receipts or if former chairman of our committee said United States Senate. Then, the na- someone thinks that the estimates are in the 104th Congress, and I refer to the tional debt was $4.8 trillion. This week, wrong and outlays are going to exceed distinguished gentleman from Illinois, the national debt hit $15 trillion. We receipts, then you go to court, and then Henry Hyde, who said in effect that he have added $10 trillion to our debt in 16 a court has to decide whether that’s correct. A court has to decide whether realized that the Republican Congress years. That is $10 trillion in debt that the estimates are correct. And if the when he was there would not be able to threatens our job growth, our national court decides the estimates are not balance the budget without using re- security and our sovereignty, and our correct, then the court has a choice. It tiree funds in the Social Security trust Nation’s children. And that’s $10 tril- can say, ‘‘This is political. We’re going fund. I think I’m being assured in this lion in debt that could have been avoid- to exercise judicial restraint,’’ as the debate that that will not happen in the ed had the balanced budget amendment gentleman from Virginia said yester- present time. passed. day, in which case it won’t enforce the Here’s what Henry Hyde said: ‘‘If you We simply must stop spending money amendment and the amendment is exclude receipts from the revenue that we don’t have if we are going to give meaningless; or the court will say, are received by the Social Security our economy a chance to grow and cre- ‘‘Okay, we’ll order a tax increase’’ or System from computing the total reve- ate jobs. Past attempts like Gramm- Rudman-Hollings, the Balanced Budget ‘‘we’ll order an expenditure cut,’’ in nues of the government, if you take it which case you have those judges mak- out of the equation, then the cuts that Enforcement Act, and Pay-As-You-Go requirements have failed to bring Fed- ing political decisions, which I don’t are necessary to reach a balanced budg- think we’d want to see. eral spending under control. America et become draconian. They become 22 Thirdly, a balanced budget amend- needs a permanent, long-term solution. to 30 percent, and you know that we ment starting where we are now with a cannot and will not cut programs that We must hold Congress’ feet to the fire huge deficit that’s been accumulated we want to subsist and continue by 22 and pass a constitutional balanced over a few years means that you’re to 30 percent. budget amendment today. going to have to make drastic cuts in Mr. CONYERS. Mr. Speaker, I ask 1010 Social Security and Medicare and vet- b unanimous consent that the gentleman ‘‘You have to compute Social Secu- erans’ benefits. Some people say on the from New York, JERRY NADLER, be- other side of the aisle, well, that won’t rity receipts in determining the income the manager of this amendment be true because they don’t count; but, come of this government so that the from this point on. yes, they count. cuts you make to balance the budget The SPEAKER pro tempore. Without The amendment says ‘‘outlays.’’ Out- are liveable and not impossible.’’ objection, the gentleman from New lays are defined as all expenditures Henry Hyde was right then and his York will control the time. other than debts. Social Security is not statement is correct now. Under the There was no objection. a debt; the courts have held that. Medi- proposal that we are discussing today, Mr. NADLER. Mr. Speaker, I yield care is not a debt; there’s no contrac- our Nation’s savings—the money taken myself such time as I my consume. tual right. This means that if you’re out of every American’s paycheck This amendment, while superficially going to reduce outlays, Social Secu- could be looted, in effect, to pay for appealing, is one of the most damaging rity is right in it. And if you’re not other things and to balance the budget, things we could do to the Constitution going to reduce Social Security, you’ve and it would take the trust out of the of the United States. And, yes, it is got to reduce a lot of other things by Social Security Trust Fund. true, if you ask people do they think much more. So this is a dagger pointed The Ryan budget would cut Social we should have a balanced budget, they at the heart of Social Security and Security’s service delivery below cur- say yes; and if you ask people do you Medicare and veterans’ benefits. rent maintenance levels by more than think we should have an amendment Now, we’re told that the only way we $10 billion over 10 years, including a requiring a balanced budget in the Con- can get our budget into balance is by $400 million cut in 2012. This sort of stitution, they say yes. But if you ask this amendment. Well, the fact is drastic cutting will prove devastating them do you think we should have an that’s not true. The reason we have the to seniors as more aging boomers retire amendment requiring a balanced budg- problem we have now is because of to rely on field office services, initial et in the Constitution if it meant a cut years of reckless Republican Presidents benefit claims, processing, disability in Social Security, they say no; if it and administrations. determinations, and hearing decisions meant a cut in Medicare, they say no; When President Clinton took office, over the next 10 years. if it meant a cut in other essential we had a huge budget deficit—$300 bil- So I appeal to the kinder nature of services, they say no. lion a year. The forecast was for 500 my friends in the House. Please recog- And when you probe further, you find and 600 billion by the mid-nineties. nize that Henry Hyde was correct then that this is a very damaging provision. Within a few years, we had turned that and he is correct now, that we cannot For a number of reasons, economists around. Congress made decisions to achieve what this amendment proposes tell us that, in a recession, you want to turn that around followed by the Presi- to do without going into Social Secu- increase the government spending tem- dent’s recommendations in 1993 and a rity receipts. And I think that that porarily. You have to increase it be- smaller one in 1997. That one the Re- would be objectionable and unwise on cause unemployment insurance pay- publicans held with, with Speaker

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7843 Gingrich. As a result of those deci- is jobs. If we got unemployment down last 50 years. This is unacceptable. The sions, by the time President Clinton to 5 percent, where it was in 2007, that first bill I introduced in Congress was left office and President Bush assumed by itself would reduce unemployment the constitutional balanced budget office, we had a huge surplus. And the by 40 percent. amendment in 2007. It simply requires question was: What are we going to do In a recession, first you take care of the Federal Government to live within when we’ve paid off the entire national the jobs. When you’re back into better its means. debt by 2012? That was what was going times, then you can start thinking Forty-nine out of 50 States, including to happen. about balancing your budget, and my home State of Florida, have to bal- What changed that? Two huge tax that’s when you ought to do it; not ance their budgets. Florida, the last 4 cuts for rich people, pushed through by force cuts in expenditures or increasing or 5 years, has had tough revenue years the Republicans and President Bush. taxes during a recession, which just like everybody else, but they’ve bal- And we said, at the time, that that makes the recession much worse and anced their budget. In fact, when we would generate tremendous deficits. In the unemployment much worse, which got downgraded by the S&P, that same fact, the reason they were set to expire is what this amendment would do. week Florida got upgraded by their in 2010 was because the CBO said that I reserve the balance of my time. credit rating. Admiral Mike Mullen, Chairman of after 2010 they would generate tremen- Mr. SMITH of Texas. Mr. Speaker, I 1 the Joint Chiefs, may have put it best dous, ongoing deficits, which they are yield 1 ⁄2 minutes to the gentleman when he said ‘‘the biggest threat we doing. from Minnesota (Mr. PAULSEN), a mem- have to our national security is our Secondly, we had two unfunded wars. ber of the Financial Services Com- debt.’’ And Erskine Bowles, cochair of For the first time in American history, mittee. Mr. PAULSEN. I thank the gen- the President’s debt commission, said we didn’t raise taxes to pay for wars. tleman for yielding. ‘‘the debt is like a cancer; it’s going to Thirdly, we doubled the Pentagon Mr. Speaker, I rise in support of the destroy the country from within.’’ budget, not including the wars. And balanced budget amendment. They’re right. And the time is right for fourth, we had a recession starting in Since our country was first founded, Congress to ratify a balanced budget 2008 during the end of the Bush admin- the issue of debt and government amendment and send it to the States. istration. spending has been at the forefront of Mr. NADLER. Mr. Speaker, I would Now, some people say, well, it’s the the minds of our political leaders, our simply point out that when S&P down- Obama administration, the unfettered national security advisors, our busi- graded our debt, they were so well re- spending of the Obama administration. ness owners and citizens alike. It’s ob- spected that the interest rates went Nonsense. The amount of money being vious that our $15 trillion national debt down and the price of our bonds went spent on non-defense discretionary is not a Republican problem, it’s not a up. So much for S&P. spending—that is, all spending other Democratic problem; it’s an American I now yield 2 minutes to the gen- than defense—veterans’ benefits, Medi- problem. tleman from Wisconsin (Mr. KIND). care, Social Security, and interest on Mr. Speaker, our economy has stum- Mr. KIND. Mr. Speaker, may I in- the debt, is the same today, the same, bled. Families are making tough deci- quire, does the majority side have an not a penny more, adjusted for infla- sions, cutting spending and living with- extra minute that they could spare? tion and population growth, as it was in their means. However, one thing Mr. SMITH of Texas. Mr. Speaker, I in 2001. And in 2001, we had a huge sur- that hasn’t changed is the way that will yield the gentleman an extra minute. plus. government spends the people’s money. Where did the surplus change to a The SPEAKER pro tempore. The gen- We must work together now to resolve tleman from Wisconsin is recognized deficit? Wars, tax cuts, and increased our spending-driven debt crisis because Pentagon spending. for 3 minutes. the simple truth is that Washington Mr. KIND. Mr. Speaker, I rise in sup- b 1020 must stop spending money that it does port of the balanced budget amend- Now, what can we do about this? So not have. ment. Our debt crisis is a legitimate threat the problem is not spending alone, the Mr. Speaker, I do believe that this to our Nation’s security and our future. problem is that we’re not taxing the Congress needs rules, it needs rules in A nation that does not control its debt rich and the corporations enough. In budgeting. But I can’t help but believe does not control its destiny. In order to 1970, corporations paid 30 percent of all today that the easier and more prac- give our children and grandchildren Federal income tax receipts from cor- tical response to the huge budget defi- that secure future and economic sta- porate income taxes. Today, it’s 8 per- cits that we face is going back to a bility we need a balanced budget. We cent. We’ve let the corporations get tried and true method called pay-as- need this balanced budget amendment away with murder—the big businesses, you-go budgeting rules. because it is a fundamental reform Pay-as-you-go budgeting was a sim- with Exxon paying no taxes on profits that will absolutely produce results. ple concept—you’ve got revenue reduc- of $6 billion, General Electric paying It’s time to pass a balanced budget tion, spending increase, you’ve got to no taxes, getting a refund. That’s our amendment to get government spend- find an offset in the budget to pay for problem. But we don’t want to deal ing under control. it. It was a rule that was in place in the with that, we want to pass a constitu- Mr. NADLER. I continue to reserve 1990s that led to 4 years of budget sur- tional amendment. the balance of my time. pluses. We were actually paying down Now, if we pass this constitutional Mr. SMITH of Texas. Mr. Speaker, I the national debt rather than adding to amendment, it would mean that any yield 2 minutes to the gentleman from it. time we went into a recession, it would Florida (Mr. BUCHANAN), a member of Unfortunately, when President Bush drive it into a depression. It would the Ways and Means Committee. took office, along with the Republican mean we would have to make huge Mr. BUCHANAN. Mr. Speaker, this is majority in Congress they immediately spending cuts now. It would mean we an historic opportunity. For the first repealed pay-as-you-go budgeting rules would have to decimate Social Secu- time in 16 years, the House will vote on which enabled them to support two rity, Medicare, veterans benefits. It a balanced budget amendment to the wars that went unpaid for. They had makes no sense at all. Constitution. two tax cuts that went unpaid for that If this were in effect now—we were Just this week our national debt sur- primarily benefited the most wealthy told by the macroeconomic analysts passed $15 trillion. For too long Repub- in this country, and you may recall that if this amendment went into ef- licans and Democrats have turned a that the main justification for those fect for next year, it would increase un- blind eye to our government’s financial tax cuts was their fear that we were employment by 15 million people. So I mess. Washington needs to make the going to pay down the national debt urge that we not pass this amendment, tough choices necessary to balance the too fast. It was laughable then as it is and instead we do the hard work of in- budget for the sake of our children and laughable today. And then they sup- creasing taxes on corporations and rich grandchildren. ported the largest increase in entitle- people, of getting discipline into our The Federal Government has bal- ment spending since Medicare was cre- expenditures. But the first thing to do anced its budget only five times in the ated in 1965 with a new prescription

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7844 CONGRESSIONAL RECORD — HOUSE November 18, 2011 drug bill that was not paid for. And The implications are obvious: We’re is taxes, less always means more. It’s these are ongoing financial obligations hurtling down a path toward the most political alchemy. It’s like turning hay right now, adding to the fiscal woes predictable financial disaster in the into gold. The more the tax cut the- that we’re trying to climb out of as a history of the planet. Enough is ology is proven wrong over and over Nation. enough. The American people want us and over again, the more the Repub- But I know that the majority today to begin to live within our means. They lican faithful demand another tax cut does not embrace pay-as-you-go budg- need a permanent fiscal solution. to drive us deeper into debt. eting, even though it worked in the This is the kind of extremism that b 1030 1990s, even though it helped create 27 causes a stage full of Republican Presi- million private sector jobs during that Spending cuts are important; but dential hopefuls to declare that they period and left an era of budget sur- what Congress passes today, another would reject any budget agreement pluses. So the next best thing we have Congress and even the same Congress that cut spending by $10 if it raised to instill some fiscal discipline in this can undo tomorrow. The only effective taxes by even $1. A few months ago, place is through a balanced budget way to control spending is through an such irresponsibility took us to the amendment, going through that labo- amendment to the U.S. Constitution. brink of default and jeopardized our rious process of trying to find two- Balancing budgets is not an untested economic recovery. They just could not thirds in the House and the Senate and idea. Over 49 States currently abide by overcome their ideological restraints. then three-quarters of the States to some sort of balanced budget amend- Don’t jeopardize our economic fu- embrace it. And if that’s what it takes ment. Let’s pass a balanced budget ture. Don’t play games with veterans to get our fiscal house in order, to amendment to the Constitution today. and retirement security and law en- check against unbridled tax cuts that Let’s get the job done. forcement just because Republicans aren’t paid for, or new increase in Mr. NADLER. Mr. Speaker, I yield 3 cannot accept the economic reality, as spending that goes unpaid for, then it’s minutes to the gentleman from Texas they often cannot except basic science. a risk worth taking because we are (Mr. DOGGETT). Reject this misbegotten amendment. jeopardizing the future of our Nation, Mr. DOGGETT. Mr. Speaker, while Mr. SMITH of Texas. Mr. Speaker, I our children’s future with these ongo- this House does sometimes act in ways yield 2 minutes to the gentleman from ing budget deficits, and steps need to that border on the insane, applying California (Mr. DENHAM), a member of be taken right now. this constitutional straitjacket is the Energy and Commerce Committee. There is a legitimate concern, how- hardly the appropriate treatment. It Mr. DENHAM. I rise in support of the ever, that Members on my side of the basically imposes the tyranny of the balanced budget amendment. aisle have been expressing—the three- minority. Two-fifths of the Members of Just this week the national debt ex- fifths vote in order to increase the debt this House can block action. And ceeded $15 trillion. That’s the bottom ceiling. We saw how perilously close we America has seen how well that works line: $15 trillion, and a balanced budget came to defaulting on our Nation’s ob- across the Capitol in the United States amendment would hold government ac- ligations over the summer. And I fear Senate, where a three-fifths rule al- countable. that through this amendment a minor- ready applies, and too often has ren- Now, some say that that account- ity in this body could literally hold the dered the Senate largely impotent, un- ability will tie the hands of Congress in rest of our Nation hostage or paralyze responsive to public demand for action yet one more way. Some say that this the functioning of our government or on key national issues, unable to over- is going to create a greater debate be- lead to the default on our obligations. come the threat of a Republican fili- tween revenues and spending cuts. I still think that’s a legitimate concern buster. Well, I’d agree on both. The same that’s not addressed through this Today’s proposal would broaden that way that every American family has to amendment. In fact, it makes that impotence to both sides of the Capitol. balance their budget every week, every probability more likely, and it’s some- On a critical budget question, if we month, every year, the same way that thing that we’re going to have to ad- take a vote in this House and 260 peo- I, as a small business owner, have to dress as we move forward. ple vote in the majority, and 175 vote pay my bills every week, every month, But today, I think, given the lack of in the minority, the minority rules. every year, we owe this country the op- options that we face and the dire situa- Democracy loses. portunity to not only see a balanced tion that we have with the budget defi- Of course, there is a major exception budget, but a bipartisan effort here in cits and the lack of progress, unfortu- to this proposed new rule, and it is an Congress. nately, with the supercommittee that exception that may well eat the entire If you want more job creation, we we’ve seen over the last couple of rule. So long as a majority of the have to have certainty. Before a com- months, that the balanced budget House determines, probably through pany is going to go out there and hire amendment seems like the most prac- the fine print of some huge, volumi- new employees, they need certainty, tical approach given the political reali- nous piece of legislation, that the not only to see that our country is on ties. country faces an imminent and serious the right path, not only to see that I urge and encourage my colleagues threat to its national security, well, in we’re actually going to reduce our to support it. that case this purported constitutional debt, but also taking a look at our Mr. SMITH of Texas. Mr. Speaker, I amendment is totally nullified. What credit rating to make sure that we ac- yield 11⁄2 minutes to the gentleman year, since 9/11, would a majority of tually are creditworthy and have a from New Jersey (Mr. FRELINGHUYSEN), this Congress have been unwilling to long-term plan. That type of certainty a member of the Appropriations Com- make such a finding and render the will create jobs in this country. That mittee. proposal meaningless? type of certainty is what’s needed with Mr. FRELINGHUYSEN. I thank the A constitutional amendment is not a a balanced budget amendment. gentleman for yielding. path to a balanced budget. It is only an Mr. NADLER. Mr. Speaker, I would Mr. Speaker, I rise in strong support excuse for Members of this body failing point out that families are able to bor- of the bipartisan Balanced Budget Act to cast votes to achieve one. row to pay for the car and to pay for of 2011 and urge its adoption. The SPEAKER pro tempore. The the mortgage. Under this amendment My colleagues, government at all lev- time of the gentleman has expired. the Federal Government would never els is mired in debt. Mismanagement Mr. NADLER. I yield the gentleman be able to borrow. It’s quite different. and overspending have left our Nation an additional 1 minute. Mr. Speaker, I now yield 2 minutes to on the brink of bankruptcy. Why? The Mr. DOGGETT. I voted for a balanced the gentleman from Iowa (Mr. BOS- math is simple. The Federal Govern- budget. I voted for a balanced budget WELL). ment takes in approximately $2.2 tril- when I voted against launching an un- Mr. BOSWELL. Mr. Speaker, I rise in lion every year but spends over $3.5 necessary war on borrowed money. I support of H.J. Res. 2. An amendment trillion. To sustain the operations of voted for a balanced budget when I to the Constitution of the United government, we borrow 42 cents of voted to reject the distorted Repub- States requiring that the Congress pass every Federal dollar we spend. lican theology that when the question a balanced budget is something I’ve

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7845 long supported and will continue to We can do this. Let’s work together. goodbye and leaves a surplus not sub- support. I’ll try to tell you why. I urge an ‘‘aye’’ vote. ject, by the way, to opinion today but I greatly respect and I hear Mr. CON- Mr. SMITH of Texas. Mr. Speaker, I subject to fact of $5.7 trillion. So the YERS and my friend, Mr. NADLER. I un- yield 11⁄2 minutes to the gentleman decision is made to cut taxes in 2001 by derstand their strong feelings, and I from California (Mr. COSTA). a trillion dollars. The decision is made would concur with many of them. Mr. COSTA. I rise in support of the in 2003 to cut taxes by $1.3 trillion, and I’d like to thank the gentleman from bipartisan balanced budget amend- then subsequently to engage in a war Virginia, my good friend Mr. GOOD- ment. I want to thank my colleagues, in Iraq based upon the faulty premise LATTE, for his efforts to bring this bi- Congressman GOODLATTE and others, of weapons of mass destruction. partisan resolution to the floor. I also who have worked on this effort, and Now, our Republican friends often want to thank him for resisting the ef- really urge my colleagues that this is come to the microphone and say things forts of some in his party to enshrine the time that we need to come together like, well, we all spent too much the disastrous fiscal policies of the Tea to act on behalf of the better interest money. No, I didn’t spend too much Party into our Constitution. of our Nation. money. I voted against the war in Iraq. My colleagues, our budget is broken. Clearly, a majority of the citizens I I voted against the Bush tax cuts. I After years of special interest handouts represent in the San Joaquin Valley voted against their prescription benefit on both the revenue and spending ledg- agree that Washington needs to get its proposal. ers, we now have a system that re- fiscal house in order. Our friend from New Jersey a mo- quires us to borrow over $1 trillion just We all want a balanced budget, but ment ago said the math is clear. But to meet our basic obligations. too few are willing to make an agree- for Republicans, why is the math only Why? Why do we borrow? Has any- ment that will move us toward that clear when Bill Clinton is President body in this body ever really asked this goal. That’s why the passage of the and Barack Obama is President? They question? constitutional amendment requiring ran these deficits through the roof. It seems we borrow because there is the Federal Government to live within There is no escaping that conclusion. not the political will in this body to its means is an important step. But it The budget has been balanced five make the difficult decisions in our is only a step. times since the end of World War II, country that we need to do. We’re To balance our budget, Members of four of those times during the Clinton elected leaders. We’re elected to lead. both parties still have to come to- Presidency. Twenty-two million jobs But when it comes to the long-term fis- gether to set priorities and, yes, make were created during those years. This cal imbalance our Nation faces, many compromises and shared sacrifices to is the equivalent of using a Luger to in this body seem to be more interested produce fair, balanced budgets each in securing the next election than se- clean the wax out of our ears. year. And never has the need been ever This proposal is beyond the pale. curing the safety and soundness of our so clear. They ran across the country for the fiscal future. Our national debt recently surpassed And no one party’s at fault. Both par- last 2 years with the Tea Party-types the GDP for the first time since World saying, Have you read the bill? Yes, ties are responsible for the financial War II. Each American’s share of the mess we’re facing. Our national debt we’ve read the bill, and we’ve come to debt is now greater than their average the conclusion this is a reckless pur- did not reach its current level over- salary. Congress could have acted soon- night, although we seem to have amne- suit of defying our constitutional reer, but we haven’t; and we can no sponsibility when we’ve already dem- sia, what happened in September of ’08 longer afford to wait. when Secretary Paulson came to talk onstrated that we can accomplish these to us about the sky was falling. But the b 1040 ends without disturbing the Constitu- problem has been decades in the mak- The bipartisan passage of this bal- tion that they attempted during the ing, with the current economic climate anced budget amendment is an impor- campaign cycle to merit. making the issue that much more visi- tant and necessary step toward a sound Let’s honor the Constitution, the Tea ble. fiscal future, and as a cosponsor, we Party said. And today what do they These are serious times, and serious should pass this measure. But we also propose? Disturbing the Constitution times call for serious people to make should reach a larger agreement with after their financial malfeasance for 8 serious decisions; and we know what the supercommittee that’s fair and bal- years. these decisions must be. We cannot cut anced on entitlement reform and reve- This argument they bring to the our way out of this mess, and we can- nues. If we do so, we will begin to re- floor today is a political gimmick. not and should not tax our way out of store the confidence by the American George Bush, Sr., lobbied me on the this mess. We need, quite simply, a bal- public that we can work together to amendment many years ago when it anced approach that gets us to a bal- get our economy back on track and failed, and respectfully I pointed out to anced budget. create the jobs that all Americans him that it was nothing more than po- If I could tell you a situation in my want. litical theater. When President Bush, home State, when I was appropriations Mr. NADLER. Mr. Speaker, it is now Jr., invited me to the White House to chair, we were faced with a budget that my privilege to yield 4 minutes to a discuss his tax cut proposal in 2001 a was breaking the constitution. member of the Ways and Means Com- matter of days after his assumption of The SPEAKER pro tempore. The mittee, the gentleman from Massachu- the Presidency, he said this is the peo- time of the gentleman has expired. setts (Mr. NEAL). ple’s money. And he’s right. Mr. NADLER. I yield the gentleman Mr. NEAL. I thank the gentleman for But guess what? It’s the people’s re- an additional 30 seconds. yielding. sponsibility to honor those veterans Mr. BOSWELL. And so we decided to Mr. Speaker, earlier this week Bruce hospitals for 35,000 men and women take it on. We were breaking our con- Bartlett, a former Reagan adviser, who who have served us honorably in Iraq stitution in the State, and we took it recently testified before the Ways and and Afghanistan who are going to need on. And we worked with downtown, we Means Committee, commented about our care for decades to come. It’s the worked with everybody across the the Republicans’ balanced budget people’s responsibility on Social Secu- State, and we came up with a solution amendment. He stated: rity, the greatest antipoverty program and it’s working. There’s money in the ‘‘The proposal that Republican lead- in history. It’s the people’s responsi- bank in Iowa. The unemployment rate ers plan to bring up is, frankly, nuts. bility on Medicare, which has added is around 6 percent, and that’s some- The truth is that Republicans don’t years to life and life to years. thing we need to be striving to achieve care one whit about actually balancing This proposal today overdoes it. here. We can do it. the budget. They prefer to delude vot- There are enough men and women of What we have left out in this that we ers with the pie-in-the-sky promises goodwill in this institution to assemble need to consider as we go through the that amending the Constitution will for the purpose of getting on to a bal- steps is how do we include the revenue painlessly solve our budget problems.’’ anced budget without taking this pur- side of it. We had a revenue piece. But Mr. Speaker, the mystical date here suit of dishonoring our Constitution it’s working. And it’ll work here. is January 19, 2001. Bill Clinton says when we should be doing this on our

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7846 CONGRESSIONAL RECORD — HOUSE November 18, 2011 own right now as the law has pre- what’s called a trust fund. It’s not a since that constitutional amendment scribed. trust fund. It’s government bonds. It’s went into effect. It has become a situa- Mr. SMITH of Texas. Mr. Speaker, I debt. And if we keep adding to the pile tion in California where we went from yield 4 minutes to the gentleman from of debt, will we have the capability to the very best—the very, very best— Oregon (Mr. DEFAZIO), a member of the repay those Social Security bonds? education system in this Nation, both Transportation Committee. And there’s a long-term problem with K–12 and higher education; the best in- Mr. DEFAZIO. I thank the gen- Social Security. I have a bill to fix frastructure in this Nation; and the tleman, and I particularly want to that. Lift the cap on wages. I didn’t no- most robust economy in this Nation to thank Mr. GOODLATTE for his extraor- tice that—many on my side have been one in which we’ve had perpetual polit- dinary leadership on this issue. We down here carrying on about the at- ical gridlock because of the super- both supported a virtually identical tack on Social Security in this bill; majority requirement. amendment in 1995. they’re not on my bill. Because that’s a So I bring to this House my own 35 Now, when I first came to Congress, I tough thing to say, we’re going to years of experience with a constitution did not support a balanced budget make people over 250 pay the same that does impose a supermajority but amendment to the Constitution. I said amount of tax as people who earn less that has simply not worked to the ben- things similar to my good friend and than 250. efit of the State of California. To visit colleague Mr. NEAL from Massachu- That’s a solution long term. But such a thing upon the United States, in setts: It’s a gimmick. We don’t need it. short term we’ve got to worry about my view, in my experience of 35 years People will come together. We can being able to redeem those bonds and in public life in California, would be a make these decisions. pay promised benefits of Social Secu- great disaster for the United States, It didn’t take me long in observing rity. one in which we would have perpetual the Congress to realize that there’s an And then a lot of talk about the debt gridlock. infinite capacity in this Congress to limit. Well, when we’re in balance, Already in this House this year, my kick the can down the road. And the you’re going to have to have a 60 per- Republican colleagues are very upset problem is that can’s getting pretty cent vote to deficit spend, and you about the United States Senate not darn heavy to kick down the road, and would need a 60 percent vote for an in- being able to do anything because of it’s going to land on the next genera- crease on the debt limit. I would say the 60-vote requirement. The Repub- tion with full force—$15 trillion of that they could be done at exactly the licans keep talking about the 19 jobs debt. For the first time since World same time. It requires the same num- bills that are over there that are tied War II, this year our deficit exceeds the ber of votes. Is someone going to vote up. It’s the 60-vote requirement that gross domestic product. today to say we’re in balance, to vote has tied them up in the Senate. Last Now, we’re going to have to force in deficit to deal with the economic year it was the Democrats who were people to make tough decisions. That’s situation today, perhaps to fund infra- complaining about the Senate not a conclusion I came to when I changed structure investments, and then vote being able to move because of the 60- and I supported the amendment back later on today against raising the debt vote requirement in the Senate. in the mid-nineties. limit by that same amount? That Do we want that also here in the Now, just think about it. It passed would just vitiate their earlier vote. So House? I would hope not. the House, failed by one vote in the I don’t think that that’s a real threat. I would ask us to back away from Senate. And had that become the law If you vote ‘‘no,’’ you’re assuming what is politically expedient. We all of the land, today we would be paying that we have an infinite capacity to understand this. We’ve all been in this down the last of the debt. We might borrow money to pass on to future gen- a long time. We understand the polit- still be in this hole economically that erations and still meet our obligations ical expedience about the sound bite, we’re in, but we would actually then to the American people. I don’t believe about the way in which it appears. We perhaps have the capacity and the will that. We need limits. We need to be are taking action to solve the deficit. to go out and borrow a couple of hun- forced to make tough decisions, and Please, look at California. Look at dred billion dollars to rebuild the Na- this would force future Congresses to what has happened to California over tion’s crumbling infrastructure. We make those tough decisions. the last 35 years. could afford it. But in this environ- Mr. NADLER. Mr. Speaker, I would The SPEAKER pro tempore. The ment with this amount of debt, that’s a point out that if this amendment time of the gentleman has expired. very tough sell around here. passed, we would never be able to bor- Mr. NADLER. I yield the gentleman This is an honest balanced budget row money to do the infrastructure an additional 30 seconds. amendment. It does not prejudice the that we need. Mr. GARAMENDI. I would also ask debate between taxes—and there are I now yield 3 minutes to the gen- you to take a look at the fact that, many on that side who object to any tleman from California (Mr. even with that supermajority vote, new taxes or revenue—and spending GARAMENDI). California has perpetually run a deficit cuts—and there are many on my side Mr. GARAMENDI. I suspect we’re because it could not bring into balance who object to many spending cuts. It about to enter into a west coast debate the revenues and the outlays because does not discriminate. It’s fair. It’s here. My good friend from Oregon the outlays were required by the re- evenhanded. brings a perspective a little north of ality of the economy, by the reality of There were many on the Republican California, and I would like to bring to the people. side who preferred one that would have this discussion a perspective of Cali- This is a very, very important vote, tied the hands of Congress, said, No, fornia. and I bring to this House my experi- you need a 66 percent vote to have ence of what a supermajority vote has taxes; no, you have to be limited to 18 b 1050 meant to the State of California. percent of GDP. But, no, they brought For more than 30 years, California Mr. SMITH of Texas. Mr. Speaker, I forward something that is fair, and it has lived under a constitutional yield 2 minutes to the gentleman from would be something that would force amendment much like this constitu- Louisiana, Dr. FLEMING, a member of Members of Congress and future Mem- tional amendment—a constitutional the Armed Services Committee. bers of Congress to make the tough de- amendment that in the State of Cali- Mr. FLEMING. I thank the gen- cisions that we have to make. fornia requires a supermajority vote tleman for yielding. A lot of talk about Social Security. for raising taxes and for the budget I’ve listened carefully to the debate I’m an expert on Social Security. So- itself. It’s very similar to what is re- today, and I’ve listened to the other cial Security is the largest creditor of quired here. The only difference is, in side. the United States of America, $2.66 California, it was two-thirds; here it’s Mr. Speaker, this body is hopelessly trillion. We have to have the capability 60 percent. addicted to excessive spending and to redeem that debt to pay future So- One only need look at the extraor- budget deficits—hopelessly. On the cial Security benefits in the not-dis- dinary dysfunction that California has other side, those who argue that we tant future when we have to draw on endured in the intervening 30 years should not have a balanced budget

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7847 amendment are hopelessly in denial, Mr. FLEMING. Mr. Speaker, I ask for In response to the gentleman from just like drug addicts are in denial regular order. This is ridiculous. New York, I just want to point out a about their addictions. We have 535 Mr. JACKSON of Illinois. The gen- few facts: first of all, in the last 50 Members, if you include the Senate, tleman needs to be very careful be- years, the budget has been balanced six who compete with one another to see cause I can actually have them read times. Democrats have controlled the how much money we can spend, and we that back to you again. House of Representatives 37 of those have an executive branch that does the The SPEAKER pro tempore. The gen- years, and in only two of those years same. Republican or Democrat—it tleman from Louisiana will suspend. did they balance the budget. Four doesn’t matter—we all do the same The gentleman from Illinois will sus- times when Republicans were in the thing. There is absolutely no control— pend. majority, the budget was balanced: or governor, if you will—on our exces- The Chair asks again, Does the gen- 1998, 1999, 2000, and 2001. sive spending. tleman wish that the words be taken When those budgets were offered in Let’s put this in perspective. down? this House, many Democrats voted in a In the 235 years since the founding of Mr. JACKSON of Illinois. I withdraw bipartisan fashion for at least one of this great country, we have added $10.6 my point of order, Mr. Speaker. those budgets. The gentleman from 1 trillion to the national debt. In the 2 ⁄2 The SPEAKER pro tempore. No point New York voted against all four of the years of this Presidency, we have in- of order has been stated. last balanced budgets that occurred in creased that by 50 percent, an addition Mr. FLEMING. In conclusion, let me the time that he has been in Congress. of $5 trillion. We just passed the $15 say, when I talk about our being ad- Mr. NADLER. Mr. Speaker, I yield 3 trillion debt level. At the current dicted to spending, I’m talking about minutes to the gentlelady from Texas rate—and this is not just a projection; everyone in Congress and the executive (Ms. JACKSON LEE). this is set in stone—by the end of the Ms. JACKSON LEE of Texas. For fear first term of President Obama’s, we branch. I am not pointing fingers at of offending the training that my will have increased the national debt any one group of people. I will say that mother gave me, I will again say that by 70 percent. This is just in that one those who are unwilling to do some- I stand here unaddicted and recognize term of 4 years. thing about it, by supporting a bal- Mr. Speaker, we cannot do this based anced budget amendment, are in a that there are those who are addicted on our willingness to balance the budg- clear state of denial. to throwing the vulnerable on the et. We are incapable of doing that. We Mr. NADLER. Mr. Speaker, I yield trash heap of life. Time and time again, are addicted to spending. We are in de- myself 90 seconds. in those budgets that my good friend nial about this, and it’s time that we It is not true, as we have heard on from New York (Mr. NADLER) voted do something. I stand in support of H.J. this floor repeatedly today, that both against, I assume that he refused to Res. 2, a balanced budget amendment parties are addicted to spending and throw the vulnerable on the trash heap to the Constitution of the United that the deficit is equally the fault of of life. States. Frankly, I would like to see a both parties. We come again to a time when we more restrictive form, a more severe It is the fault of George Bush. It is want to abdicate our responsibility form that controls the possibility of the fault of the Republican Congress. under the Constitution. But, my added taxes, but I will vote for this. Under President Clinton, a Democratic friends, I want to remind you that time The SPEAKER pro tempore. The Congress voted for tax increases and and time again the Republicans came time of the gentleman has expired. for spending cuts, and produced bal- back to that tired old formula, bal- Mr. SMITH of Texas. I yield the gen- anced budgets 4 years in a row of such anced budget amendment; and time tleman an additional 30 seconds. a significance that we were going to and time again they were rejected. Mr. FLEMING. Just in closing, I eliminate the entire national debt by This Constitution is sacred. It has would like to say that it does some 2012. The Republicans came in and nothing in it about the balanced budg- wonderful things. without Democratic support voted for et. Twenty-six amendments, and they It prohibits a debt increase without a huge tax cuts, for two unfunded wars, have been rejected. Why? Because they three-fourths vote, and it requires the and for doubling the Pentagon’s budget don’t want to do the job that the peo- President to submit a balanced budget without increasing taxes to pay for it. ple of the United States have sent us to each year. Our Senate over there has That generated the huge deficit we do. The job that says give and take on yet to pass a budget resolution in 3 have. The deficit was also generated by how we fund this government. years. It also provides for a waiver in a the fact that, because of, arguably, Re- Someone wants to talk about State time of war. publican deregulatory policies, we got governments. Yes, 49 States have a bal- POINT OF ORDER into this huge depression caused by anced budget amendment; but it is on Mr. JACKSON of Illinois. Mr. Speak- Wall Street, and that increased the def- the operations budget, not on the cap- er, a point of order. ital budget. The United States of The SPEAKER pro tempore. The gen- icit. In January of 2009, before Presi- dent Obama took office, 1 month be- America is responsible for disasters tleman will state his point of order. when they hit New York, Missouri, and Mr. JACKSON of Illinois. I would fore, the CBO said that the next year’s Texas. The United States is responsible like to know if I can be against the bal- deficit would be $1.2 trillion without for lifting a military and providing for anced budget amendment without this President’s having done a thing. our sons and daughters on the front being compared to being a drug addict. The point, as I said before, is that lines of Iraq and Afghanistan, World Is that doable in this body to maintain nondefense discretionary spending—ev- some comity? I believe in helping my erything other than Medicare, Med- Wars I and II, Korea, and, of course, constituents, but my support of spend- icaid, Social Security, veterans bene- Vietnam, the Persian Gulf, and many ing isn’t tied to a drug addiction. fits, and interest on the debt—has not other places. Our States are not re- The SPEAKER pro tempore. The gen- increased since 2001 when adjusted for sponsible for that. tleman is not stating a point of order. inflation and population growth. So Balanced budget amendment, maybe Mr. JACKSON of Illinois. It’s not a that is not the source of our budget we want to be able to follow the good point of order that the gentleman has deficit. The source of our budget deficit work of our dear friends on the super- made reference to those of us who are is that we cut the taxes on the rich and committee. I have great respect for opposed to a balanced budget amend- the corporations and that we spent them. The headline says: ‘‘Supercom- ment as having been addicted to drugs? money on wars we didn’t pay for. mittee Well Short of a Deal,’’ because Is that a problem for the comity of this this is not the way we run a country. b 1100 Chamber, Mr. Speaker? And I refuse to be called ‘‘addicted’’ The SPEAKER pro tempore. Is the I reserve the balance of my time. without the explanation that my moth- gentleman demanding that the words Mr. SMITH of Texas. Mr. Speaker, I er would want me to give. I am ad- be taken down? yield 30 seconds to the gentleman from dicted to saving lives. I’m addicted to Mr. JACKSON of Illinois. I am not Virginia (Mr. GOODLATTE). making sure that Social Security is prepared to go that far. I’d like to hear Mr. GOODLATTE. I thank the gen- not violently cut by the balanced budg- the gentleman’s explanation. tleman. et amendment, Medicare being cut by

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7848 CONGRESSIONAL RECORD — HOUSE November 18, 2011 nearly $750 billion if this resolution cuts in the very near term because of the po- A provision of H.J. Res. 2 requires legisla- were to pass, Social Security almost tential impact on the recovery. That doesn’t at tion to spend money that will take the budget $1.2 trillion, veterans benefits $85 bil- all preclude—in fact, I believe it’s entirely con- out of balance due to a military conflict or na- lion through 2021. sistent with—a longer-term program that will tional security need. As it stands, this bill will So my argument is to be able to ana- bring our budget into a sustainable position.’’ require a Joint Resolution from both houses of lyze what we’re doing here, my friends. NATIONAL SECURITY—VETERANS AND MILITARY FAMILIES Congress with the specific dollar amount being The Constitution gives this House the I am outraged to find that revisions to this spent. power of the purse strings; yet it will legislation include a provision that will hurt our In order to spend more than has been ap- take a two-thirds vote in the middle of veterans and military families and seriously propriated, agencies tasked with defense and a crisis, a war, a disaster, the need to compromise our ability to combat terrorism. As national security will need approval from Con- invest in our young people—numbers a senior Member of the Homeland Security gress. This increased reliance on emergency that Dr. Jeffrey Sachs said that we Committee, I am deeply concerned about any appropriations will have detrimental effects on need for a legitimate apprentice pro- measure that undermines the men and women the sound functioning of our defense and na- gram that leads young people from col- of the Armed Forces or the safety and security tional security institutions. The more these in- lege or training into a job. of the American people. stitutions are forced to rely on emergency Creating jobs invests in America. The Department of Defense (DOD) has al- funding, the more unpredictable their budgets Would you understand that we have ready agreed to cut its budget by $450 billion will become. the lowest number of white males over the next ten years. The Center for Stra- This legislation would allow a military con- going to college, the lowest number of tegic and International Studies predicts that flict or threat to national security to take the African Americans going to college, further budget reductions, including those that budget out of balance. However, in order to the lowest number of Latinos. would stem from a balanced budget amend- authorize additional funds for military engage- The SPEAKER pro tempore. The ment, will cause substantive modification to ment or threats to national security that re- time of the gentlewoman has expired. our defense strategy, capabilities and force quire action, Congress would need to pass Mr. NADLER. I yield the gentlelady structure. legislation citing a specific dollar amount. an additional 30 seconds. Enacting a balanced budget requirement As a senior Member of the Homeland Secu- Ms. JACKSON LEE of Texas. I thank would severely limit the ability of the Armed rity Committee, I know that the threats against the distinguished gentleman. Forces to procure the equipment necessary to the nation are constantly changing and ever We need investment in human re- keep our troops safe, and prepare them for present. We cannot ask those responsible for sources. And all we’re doing today is potential combat. A balanced budget amend- protecting this nation to ask Congress for a denouncing and ridding ourselves of ment would dramatically constrain discre- specific amount of money every time there is the obligatory responsibility that we tionary budgets, so much so that procurement, a threat to our national security that requires have when we take an oath to this Con- research and development, and the acquisition action. Should we ever experience another at- stitution every 2 years. of new technologies would have to be zeroed tack on American soil, we cannot expect out I don’t want to be a spoilsport today. out of the DOD budget. first responders to wait for authorization before I believe we should tighten our belt. These deep cuts to research and develop- intervening. There are many ways of doing so, look- ment and procurement would threaten the Mr. Speaker, I am incredibly disheartened to ing at the financial transactions on safety of the men and women of the Armed see my colleagues on the other side of the Wall Street or the Chicago commod- Forces. For example, the constraints caused aisle champion this legislation, legislation that ities. Many ways to do it. But this is a by a balanced budget amendment would seri- has so many negative impacts on our vet- stranglehold on our neck. I refuse to ously endanger the Marine Corps’ V–22 Os- erans and military families. The permanent cut seniors, children, Social Security prey program, as well as the intended order of budget cuts necessitated by a balance budget because you won’t do your job. This is 340 F–35B Joint Strike Fighters. The effects of amendment would require the DOD to dras- a bad amendment. I will not vote for it. a balanced budget amendment would hinder tically curtail the number of active duty service Mr. Speaker, I rise today in strong opposi- the Navy’s planned expansion from 287 to 320 members, retirement benefits, and healthcare tion to H.J. Res. 2, ‘‘Proposing a Balanced ships. benefits for veterans and military families. Budget Amendment to the Constitution of the This bill will deeply impact the Defense In- There are currently 22.6 million veterans liv- United States.’’ While I support bipartisan ef- dustrial Base (DIB), a group of companies and ing in the United States, and all of them de- forts to increase the debt limit and to resolve contractors that supply equipment and tech- serve the retirement and healthcare benefits our differences over budgetary revenue and nology to the Armed Forces. The budget re- that were promised to them. In my home State spending issues, I cannot support a bill that ductions caused by a balanced budget of Texas we have nearly 1.7 million veterans, unduly constrains the ability of Congress to amendment would deeply impact moderniza- and 18th District is home to 32,000 of them. deal effectively with America’s economic, fis- tion and procurement. In fact, Army Secretary Of the 200,000 veterans of military service cal, and job creation troubles. John McHugh recently said that to facilitate who live and work in Houston; more than In my lifetime, I have never seen such a any further budget cuts, ‘‘you’d probably have 13,000 are veterans from the Iraq and Afghan- concerted effort to ransom the American econ- to take some 50% out of modernization.’’ istan. We should not compromise the benefits omy in order to extort the American public. The DIB has resulted in the development of for one of these patriotic Americans with this While I support bipartisan efforts to increase the most advanced military force the world has harmful legislation. the debt limit and to resolve our differences ever seen. However, large cuts in procure- There has been a theme this Congress of over budgetary revenue and spending issues, ment funding would seriously compromise our focusing on cutting programs that benefit the I cannot support a bill that unduly robs aver- ability to develop some essential future capa- public good and for the most at need, while ig- age Americans of their economic security and bilities. Moreover, the downsizing that a bal- noring the need to focus on job creation and ability to provide for their families while con- anced budget requires would leave a large economic recovery. Debate of this balanced straining the ability of Congress to deal effec- number of highly skilled and professional budget amendment is wasting a tremendous tively with America’s economic, fiscal, and job workers unemployed in an economy unlikely amount of time when we should be focused creation troubles. to absorb them for quite some time. on paying our nation’s bills and resolving our This bill would put our national security at Passing this legislation will not, as many of differences! risk. If our nation is under attack or needs to my colleagues on the other side of the aisle As I mentioned, a balanced budget is not respond to an imminent threat, the last person believe, result in a more stable budget. An something that should be mandated in our I would consider contacting is an accountant. amendment requiring a balanced budget will Constitution, nor something that should be I would expect that this body would act swiftly render discretionary budgets, particularly the automatically required every year. In par- and this mandate takes away that ability. DOD and national security budgets, much less ticular, during economic downturns, the gov- We need to change the tone here in Con- predictable. The Departments of State, De- ernment can stimulate growth by cutting taxes gress. Federal Reserve Chairman Ben fense and Homeland Security will have to and increasing spending. And in fact, the cost Bernanke said it best when he stated recently compete for their shares of the national secu- of many government benefit programs is de- before the House Committee on Financial rity budget, and furthermore, a likely response signed to automatically increase when the Services. ‘‘We really don’t want to just cut, cut, to a balanced budget amendment will be an economy is down—for example, costs for food cut.’’ Chairman Bernanke further stated, ‘‘You increased reliance on emergency, ad hoc ap- stamps (SNAP) and Medicaid increase when need to be a little bit cautious about sharp propriations. more people need to rely upon them.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7849 These countercyclical measures lessen the disabilities depend on Social Security for half Medicare beneficiaries. With the aging and impact of job losses and economic hardship or more of their income. Close to half—47 per- growth of the population, the number of Medi- associated with economic downturns. The recent—of all single (i.e., widowed, divorced, or care beneficiaries more than doubled between sulting temporary increases in spending could never-married) women over age 65 rely on 1966 and 2000 and is projected to grow from cause deficits that would trigger the balanced Social Security for 90 percent or more of their 45 million today to 79 million in 2030. budget requirements at the worst possible mo- income. POVERTY ment. Seniors are spending more on their health We are constantly discussing cutting the A constitutional amendment requiring Con- care costs, and Americans in general are budget, reducing our debt. Any yet, there has gress to cut spending to match revenue every making less. The face of poverty is a child’s not been a single strong job creating measure year would both limit Congress’s ability to re- face. If a private employer attempted to do purported by my Republican Colleagues. In- spond to changing fiscal conditions and would what is being asked of us here today, which stead time and again there is legislation dramatically impede federal responses to high would be to use their pension plans in a man- brought before this body to delay having a real unemployment as well as federal guarantees ner that H.J. Res. 2 would deal with Social debate on job creation. The poorest among us for food and medical assistance. Security that would be against the law. are being asked to bear the brunt of this legis- H.J. Res. 2 would amend the Constitution to Furthermore, the need to raise the debt ceil- lation; cuts to Medicare, Cuts Social Security require Congress to balance the budget each ing has no correlation to whether future budg- . . . who do you think these programs serve. year. It would also impose new procedural ets are balanced; increases in the debt ceiling We would be asking the poor to pay more for hurdles to raising the debt ceiling, and require reflect past decisions on fiscal policy. And as health insurance, to pay more for medical ex- the President to submit a balanced budget demonstrated by this year’s current disagree- penses, to pay more for housing. I ask my col- each year. ment about whether and when to raise the leagues a simple question? The thresholds proposed in H.J. Res. 2 are debt ceiling, Congress does not need to im- Currently more Americans are in need of completely unrealistic. Even during Ronald pose further barriers to its consideration. jobs than jobs are available. Without focusing Reagan’s presidency—before the baby Treasury has warned that failing to raise the on creating jobs and advocating for job boomers had reached retirement age, swelling debt ceiling and the resulting government de- growth, what will happen to those individuals the population eligible for Social Security and fault, which would be unprecedented, could who are unable to find work, are seniors, are Medicare, when health care costs were much have catastrophic impacts on the economy. In- disabled, are children? What about veterans lower—federal spending averaged 22 percent terest rates would rise, increasing costs for the who find their pensions cut? When all these of GDP. This would impose arbitrary limits on government and potentially on American busi- cuts to essential and vital programs occur in government actions to respond to an eco- nesses and families. order to support this proposed constitutional nomic slowdown or recession. Any cuts made to accommodate a man- mandate, what will happen to these individ- Cutting spending during a recession could dated balanced budget would fall most heavily uals; how will they pay housing, health, and make the recession worse by increasing the on domestic discretionary programs; the im- basic life necessities? number of unemployed, decreasing business mediate result of a balanced budget amend- I am, as we all are, deeply troubled by the investment, and withholding services needed ment would be devastating cuts in education, report issued by the U.S. Census Bureau. 1 of to jump-start the economy. As written, this bill homeland security, public safety, health care every 6 Americans is living in poverty, totaling would render Social Security unconstitutional and research, transportation and other vital 46.2 million people, this highest number in 17 in its current form. By Capping future spending services. years. In a country with so many resources, below Reagan-era levels would force dev- The Founders purposely made the Constitu- there is no excuse for this staggering level of astating cuts to Medicaid, Medicare, Social tional amendment process a long and arduous poverty. Security, Head Start, child care, Pell grants, one. Having a Constitutional balanced budget Children represent a disproportionate and many other critical programs. amendment is not a novel idea. Balanced amount of the United States poor population. Only five years in the last fifty has the fed- budget amendments have made it to a floor In 2008, there were 15.45 million impover- eral government posted an annual budget sur- vote in the Senate five times, and in the ished children in the nation, 20.7% of Amer- plus; all other years the government has been House four times, according to CRS. The Sen- ica’s youth. The Kaiser Family Foundation es- in deficit. Even the House-passed Republican ate barely passed a version in 1982, but it timates that there are currently 5.6 million Tex- budget resolution, which requires immediate failed to gain the necessary two-thirds majority ans living in poverty, 2.2 million of them chil- and sustained drastic spending cuts, never in the House. The House passed a version in dren, and that 17.4% of households in the reaches balance in the ten-year window re- 1995, but it failed in the Senate. state struggle with food insecurity. quired by H.J. Res. 2—indeed, it is not pro- Do my Republican colleagues really expect In my district, the Texas 18th, more than jected to be balanced for several decades, Congress to capriciously pass an amendment 190,000 people live below the poverty line. only reaching balance by 2040. altering our nation’s founding document on We must not, we cannot, at a time when the Because this proposal makes it so much such short notice; an amendment that will fun- Census Bureau places the number of Ameri- harder for Congress to increase revenues than damentally change our country without rea- cans living in poverty at the highest rate in to cut spending, it in essence forces the Presi- sonable time for debate; without the oppor- over 17 years, cut vital social services. Not in dent to match those same restrictions in his tunity for a hearing or questioning of wit- the wake of the 2008 financial crisis and per- budget. In other words, H.J. Res. 2 is a polit- nesses; without any reports as to what impact sistent unemployment, when so many rely on ical ploy designed to force the President to it may have? federal benefits to survive, like the Supple- submit a budget that reflects the Republican By tying the fate of whether the United mental Nutrition Access Program (SNAP) that priorities of ending the Medicare guarantee States pays its debt obligations to the histori- fed 3.9 million residents of Texas in April while cutting taxes for millionaires. cally prolonged Constitutional amendment 2011, or the Women, Infant, and Children SOCIAL SECURITY & MEDICARE process, the Republicans who support this bill (WIC) Program that provides nutritious food to According to the Center on Budget and Pol- have demonstrated, at this critical juncture in more than 990,000 mothers and children in icy Priorities, H.J. Res. 2’s balanced budget American history, that they are profoundly irre- my home state. requirement could result in Medicare being cut sponsible when it comes to the integrity of our The Census Bureau also reported there are by nearly $750 billion, Social Security almost economy and utterly bereft of sensible solu- 49.9 million people in this country without $1.2 trillion, and veterans’ benefits $85 billion, tions for fixing it. health insurance. This is an absolute injustice through 2021 assuming that the spending cuts POTENTIAL IMPACT ON MEDICARE that must be addressed. We can no longer ig- would be distributed evenly across the govern- Medicare covers a population with diverse nore the fact that nearly 50 million Americans, ment. These cuts would devastate millions of needs and circumstances. Most people with many of them children, have no health insur- seniors, veterans, children and the disabled. Medicare live on modest incomes. While many ance. These cuts would have a devastating effect beneficiaries enjoy good health, 25% or more Texas has the largest uninsured population on the millions of aged, disabled, veterans, have serious health problems and live with in the country; 24.6% of Texans do not have children, and others who depend on Social multiple chronic conditions, including cognitive health care coverage. This includes 1.3 million Security. The BBA would have the foreseeable and functional impairments. children in the state of Texas alone who do effect of plunging millions of Social Security Today, 43% of all Medicare beneficiaries not have health insurance, or access to the beneficiaries into poverty and making for a are between 65 and 74 years old and 12% are healthcare they need. very bleak future for most others. Over two- 85 or older. Those who are 85 or older are the It is unconscionable that, despite egre- thirds of seniors and 70 percent of people with fastest-growing age group among elderly giously high poverty rates, Republicans seek

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7850 CONGRESSIONAL RECORD — HOUSE November 18, 2011 to reduce spending by cutting social programs EXECUTIVE OFFICE OF THE PRESI- tleman from Virginia for his leadership that provide food and healthcare instead of DENT, OFFICE OF MANAGEMENT on this important legislation; and as a raising taxes on the wealthiest in the nation, or AND BUDGET, cosponsor of this measure, I urge my Washington, DC, November 15, 2011. closing corporate tax loopholes. colleagues to vote in favor of this bal- (House Rules) anced budget amendment. Balanced budget amendments have made it STATEMENT OF ADMINISTRATION POLICY Our Nation’s staggering debt and to a floor vote in the Senate five times, and in H.J. RES. 2—PROPOSING A BALANCED BUDGET reckless borrowing illustrate the ur- the House four times, according to CRS. The AMENDMENT gent need to implement real institu- Senate passed a version in 1982, but it failed (Rep. Goodlatte, R–VA, and 242 cosponsors) tional change in Washington. For far to gain the necessary two-thirds majority in the The Administration strongly opposes H. J. too long, Members of both parties have House. The House passed a version in 1995, Res. 2. We do not need to amend the Con- routinely chosen the politically expe- but it failed in the Senate. stitution for only the 28th time in our na- dient course over what is in the best NATIONAL EDUCATION ASSOCIATION, tion’s history to do the job of restoring fiscal interest of our Nation, casting aside discipline. Instead, it requires us—as mem- Washington, DC, November 15, 2011. any spending pledges or statutory caps House of Representatives, bers of both parties have done in the past— Washington, DC. to move beyond politics as usual and find bi- and pushing our Nation further along partisan common ground to restore us to a on a careless spending binge with dev- DEAR REPRESENTATIVE: On behalf of the 3.2 sustainable fiscal path. astating consequences for the people of million members of the National Education H. J. Res. 2 would impose serious risks for Association, we strongly urge you to VOTE Virginia’s Fifth Congressional District our economy in several ways. It risks accel- and all across our country. NO on the constitutional balanced budget erating economic downturns by requiring the amendment scheduled for floor debate this We, as a Nation, now face a $15 tril- government to raise taxes and cut spending lion debt that nearly equals the size of week. While we understand the need to get in the face of a contraction, which would ac- our nation’s fiscal house in order, such pro- celerate job losses. The President proposed a our entire United States economy. We posals are not the right mechanism. The ef- balanced approach to restore fiscal sustain- are running a $1.3 trillion deficit, and fect would be devastating for public edu- ability and in a way that doesn’t slow the we are borrowing over 40 cents on cation and retirement security, undermining Federal Government’s ability to initiate ac- every dollar we spend. This dire debt economic recovery and jeopardizing our fu- tions that help stabilize the economy and crisis not only threatens our economic ture strength as a nation. Votes associated keep future recessions from becoming worse. recovery by stifling job creation, but it with this issue may be included in the NEA By contrast, under H. J. Res. 2, a minority in also threatens the very future of our Legislative Report Card for the 112th Con- a single house of Congress could block the gress. country. will of the majority and the Executive to Given the seriousness of our current waive its provisions when our country faces Overall, a balanced budget amendment fiscal situation, Congress’ abysmal could result in the largest cuts in federal a downturn. If H. J. Res. 2 had been in effect spending in modern history. In fact, it sim- in recent years, such a minority in one house record of fiscal management, it is crit- ply will not be possible to achieve the spend- would have been able to prevent efforts to ical that we put institutional spending ing levels required under any balanced budg- override the requirement for tax increases or reforms in place that will force the et amendment without massive cuts in edu- spending cuts, risking an even deeper con- government to live within its means, cation, Medicare, Medicaid, Social Security, traction and pushing the economy into a sec- just as families, businesses, and State and other programs that meet crucial na- ond Great Depression. Further, H. J. Res. 2 governments do in Virginia and across tional needs. ducks responsibility and does not take the the country. By passing a balanced Nation’s fiscal challenges head-on. Rather, it Educators understand that Congress must could inevitably result in handing the hard budget amendment, Congress will be work to ensure America’s long-term eco- decisions that our elected representatives in required to spend no more than it nomic prosperity and that we must address the Congress should be making to the Fed- takes in, reining in out-of-control the nation’s serious fiscal challenges. How- eral Courts. spending once and for all. ever, cutting education funding and slashing In addition, absent a willingness to raise As I travel across Virginia’s Fifth programs that serve children, seniors, and substantially higher revenues than in the District, I continually hear from my working families is not the answer. Claims House Budget Resolution by closing tax that families and states balance their budg- constituents—Republicans, Democrats, loopholes or asking the most fortunate to and independents—who say that if we ets are erroneous. Most families have mort- pay more, H. J. Res. 2 would undercut the gages and car loans, and take on other debt Federal Government’s ability to meet its are serious about turning our economy to provide for their children’s futures. In ad- core commitments to seniors, middle class around, and if we are serious about pre- dition, while many states must balance their families and the most vulnerable, while reserving this country for our children operating budgets, they take on debt for cap- ducing our ability to invest in our future. and grandchildren, we must put an im- ital costs and job-creating projects such as This could result in severe cuts to programs mediate end to Washington’s out-of- building roads, bridges, and schools. like Medicare and Social Security that are control spending. NEA members see first-hand every day the growing due to the retirement of the baby I urge my colleagues to vote in favor struggles of many of their students and their boomers, putting at risk the retirement se- of this bipartisan measure so we may families. A balanced budget amendment will curity of millions of Americans, and it could result in significant cuts to education, re- implement the structural framework make their struggles even harder—essen- necessary to put our Nation back on a tially abandoning them while continuing to search and development, and other programs path of fiscal sustainability for the cater to the wealthiest in our nation. critical to growing our economy and winning the future. sake of future Americans. Mandating a balanced budget would con- H. J. Res. 2 is not a solution to the Na- I thank the gentleman for yielding stitute exceedingly unwise economic policy. tion’s deficits. The Administration is com- me the time. It would risk tipping a faltering economy mitted to working with the Congress on a bi- Mr. NADLER. Mr. Speaker, I am into recession and slowing economic recov- partisan basis to achieve real deficit reduc- proud to yield 4 minutes to the gen- ery. It would determine spending levels for tion. The President laid out a set of rec- tleman from Virginia (Mr. SCOTT). decades and tie future Congress’ hands. And, ommendations to the Joint Select Com- it would render impossible the sorts of in- mittee to achieve over $4 trillion in balanced Mr. SCOTT of Virginia. Mr. Speaker, vestments necessary to continue economic deficit reduction, including the deficit reduc- we’ve heard a lot about the Members recovery and grow the skilled workforce nection already locked in by the Budget Control on the other side of the aisle trying to essary for future economic strength. Act. The President urges the Committee to take credit for the fiscal responsibility A balanced budget amendment would deci- meet or exceed its mandate for deficit reduc- in the 1990s. I think we need to review mate public education and other programs tion. what actually happened during those that ensure a competitive workforce and fu- Mr. SMITH of Texas. Mr. Speaker, I years. ture economic vitality. We urge you to vote yield 2 minutes to the gentleman from I came into Congress in 1993, and the NO. Virginia (Mr. HURT), a member of the first tough votes we had to cast were Sincerely, Financial Services Committee. on the budget. We passed a tough budg- KIM ANDERSON, Mr. HURT. I rise today in support of et. It passed by one vote in the House Director, Center for Advocacy. a balanced budget amendment to the and a tie-breaking vote by the Vice MARY KUSLER, United States Constitution, offered by President in the Senate. Not a single Manager, Federal Ad- my friend from Virginia (Mr. GOOD- Republican voted for that tough budg- vocacy. LATTE). I would like to thank the gen- et. In fact, it’s that budget that we are

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7851 talking about that laid the groundwork The major provision in this bill is a tleman from Virginia, my good friend, for the fiscal responsibility for the three-fifths requirement to pass a voted against all four—all four—of the 1990s. budget that’s not in balance; which, in- budgets that were balanced in the 1990s And on that vote, when the last vote cidentally, would cover every budget and leading up to 2001. was cast by Marjorie Margolies-Mez- that we considered this year. Mr. SMITH of Texas. Mr. Speaker, I vinsky from Pennsylvania, the Mem- Now, I think it is fair to say that the yield 2 minutes to my friend and col- bers on the other side of the aisle did most fiscally conservative budget on league from Texas (Mr. CANSECO), a not congratulate her for casting the the table was the Republican Study member of the Financial Services Com- tie-breaking vote to pass the bill. They Group that got a few votes, not any- mittee. started chanting ‘‘Bye-bye, Marjorie,’’ where close to a majority. And if that’s Mr. CANSECO. Thank you, Mr. and she was defeated with that vote in your goal, why would raising the Chairman. her next election. In fact, she was de- threshold from a simple majority that Today we are taking an important feated along with almost 50 Members of you couldn’t even get up to three-fifths step towards changing the way Wash- the Democratic Party who voted for make it more likely that you could ington does business; and it couldn’t that budget. pass that tough kind of budget? come at a more opportune time as our In 1995, when the Republicans came The SPEAKER pro tempore (Mr. national debt crossed the $15 trillion in with a majority, they tried to dis- YODER). The time of the gentleman has threshold this week, which means that mantle the budget. And in fact, Presi- expired. now on average every American house- dent Clinton vetoed all of those budg- Mr. NADLER. I yield the gentleman hold’s share of the national debt is ets that they had offered; and we shut an additional 1 minute. $127,899. Our Nation is in the midst of a down the government, rather than dis- Mr. SCOTT of Virginia. Once you spending-driven debt crisis. We have mantle that plan. Finally, when the have ascertained that even the Repub- run three successive $1 trillion-plus deficit had gone from $290 billion down lican Study Group budget would re- deficits. We are borrowing approximately 40 cents out of every dollar the to less than $25 billion, then the Mem- quire three-fifths, any budget, respon- Federal Government spends; and the bers on the other side of the aisle sible or irresponsible, could pass with CBO estimates that, by the end of the joined on as we crossed the finish line. the same three-fifths. In fact, you decade, we’ll be spending almost $1 Well, that’s like showing up for the could cut taxes with three-fifths. You trillion just to pay the interest on our ribbon-cutting after you have voted could raise spending. You could have a totally irresponsible budget with three- debt. against the stimulus bill. All of the If we do nothing, the problem will get fifths. So why is it more likely that tough votes had been cast. All of the worse. We will continue spending, bor- you’re going to be fiscally responsible hard work, all of the political damage rowing, and accumulating more debt, with three-fifths when you’ve never had been suffered. And now all of a sud- until one day our children and grand- been able to get even a simple major- den, they want to come in and take children and their futures are drowned ity, when three-fifths—last December credit. What they can take credit for is in a sea of red ink. Our inability to get we passed an $800 billion tax cut, put- President Clinton vetoing their bills. our fiscal house in order will leave ting us $800 billion further in the ditch. If you want to know what would have them with a downsized American We got three-fifths for that, but try to happened if they had been signed, we Dream. found out in 2001. Because as Chairman get three-fifths for a meaningful deficit As a father of three children, this is Greenspan had to answer questions as reduction plan. something that I refuse to do. I am the to what’s going to happen if we pay off This legislation will make it more son of Mexican immigrants who came the national debt too quickly—we were difficult to balance the budget. All of to this Nation to provide their children on chart to paying off the national this debate has been about the title, with a better life and to live in a land debt after the first tax cut—that was how nice it would be to balance the where my opportunity would be limited the last time you heard anybody talk- budget. But we ought to read the bill only by how hard I worked and how big ing about paying off the national debt. and point out that the provisions of I could dream. Two tax cuts not paid for, two wars this bill will actually make it more dif- I want to ensure that America re- not paid for, prescription drugs not ficult, probably impossible, to ever bal- mains a land of unlimited opportunity paid for, and now we find ourselves in ance the budget, and we will end up for our children and grandchildren. I the ditch. trying to get three-fifths vote, ending don’t want the legacy of this genera- Balancing the budget is arithmetic. up with worse budgets than we would tion of Americans to be that we’re the You’ve got to pass some unpopular have under the present system. first generation of Americans to pass votes. You’ve got to raise taxes and/or Mr. SMITH of Texas. Mr. Speaker, I on a smaller American Dream to future cut spending, and you’re going to make yield 30 seconds to the gentleman from generations. some political enemies doing either Virginia (Mr. GOODLATTE). For too long, our Nation has spent one. Mr. GOODLATTE. I thank the gen- far beyond its means. We have run up a tleman. b 1110 national credit card, borrowing from I need to comment on the revisionist our children’s and grandchildren’s fu- This legislation doesn’t help us make history that we are hearing. ture to pay for spending today. We those tough choices. In fact, it makes Mr. Speaker, the fact of the matter is need to cut up the national credit card it even more difficult. People say we that tough votes are made when Con- and make sure the dire situation we need a constitutional amendment to gresses make the decision to balance have gotten ourselves into never hap- force us to balance the budget. This the budget. That decision wasn’t made pens again, and a balanced budget legislation doesn’t force us to do any- in 1993 when Democrats voted to raise amendment will do just that. thing. It makes it more difficult. Read taxes; it was made when we sent a Mr. NADLER. Mr. Speaker, how the bill. If we want to pass something— budget to the President that he vetoed. much time remains, please? we had a hearing on it a couple of days The government shut down, and after The SPEAKER pro tempore. The gen- ago when the former Governor of Penn- that shutdown, then and only then did tleman from New York has 363⁄4 min- sylvania said that the balanced budget President Clinton get in favor of wel- utes, and the gentleman from Texas provision in the Pennsylvania State fare reform and other things that led has 1 hour and 41⁄2 minutes. Constitution was a good idea, and I to a slowing of the rate of growth in Mr. NADLER. I reserve the balance asked him what provision in this legis- government spending. of my time. lation can be found in the Pennsyl- The SPEAKER pro tempore. The Mr. SMITH of Texas. Mr. Speaker, I vania Constitution; none of them. None time of the gentleman has expired. ask unanimous consent that the gen- of the provisions of H.J. Res. 2 can be Mr. SMITH of Texas. I yield the gentleman from Virginia (Mr. GOODLATTE) found in any State constitution other tleman an additional 1 minute. control the balance of my time. than the title. And so here we are talk- Mr. GOODLATTE. He calls a ribbon The SPEAKER pro tempore. Is there ing about the title but not the provi- cutting to show up and vote for budgets objection to the request of the gen- sions of the bill. that are actually balanced. The gentleman from Texas?

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7852 CONGRESSIONAL RECORD — HOUSE November 18, 2011 There was no objection. b 1120 nizing a commonsense exception for de- Mr. GOODLATTE. Mr. Speaker, at Mr. DUFFY. This was not the version fense under limited circumstances. this time it is my pleasure to yield 11⁄2 that I supported. I wanted a version The idea of a balanced budget amend- minutes to the gentleman from Lou- that had spending caps linked to GDP. ment is not new. One of our Founding isiana (Mr. SCALISE), a member of the But as this week we passed the $15 tril- Fathers, Thomas Jefferson, was a Energy and Commerce Committee. lion debt mark, I thought it was impor- strong proponent of this idea. More re- Mr. SCALISE. I thank the gentleman tant that this House come together and cently, in 1995, as has been discussed, from Virginia for yielding me this time figure out a way to control the spend- following passage by the House of Rep- to speak about this important issue. I ing. If you look at our recent history, resentatives, the United States Senate really want to thank him for bringing this House conference on the GOP side came within one vote of sending this this to the floor because this is one of passed a budget this year that brought version of the balanced budget amend- those rare bipartisan pieces of legisla- our country to balance. And all the ment to the States for ratification. tion that Congress brings forward that Democrats across the aisle—not all— Since then, our total national debt has is so critical to the future of our coun- most of them voted no. They were of- nearly tripled. try. You know, a balanced budget fered a counterproposal that could A balanced budget amendment to the amendment is an idea that is long bring our budget to balance. Constitution will help to restore fiscal overdue. The Democrats in the Senate haven’t integrity to Washington, boost con- If you look at where we are right proposed a budget in 900 days. We need fidence in the American economy, and now, some of the biggest challenges to be serious about this debt. And, stop Washington’s practice of saddling facing our country come from the fact today, as we are $15 trillion in debt and future generations with insurmount- that Washington continues to spend we have historic interest rate lows, able levels of debt. The adoption of a money it doesn’t have. This Nation let’s look out 10 years, when the debt is balanced budget amendment has the just passed the $15 trillion threshold in $25 trillion and we go from historic low strong support of the overwhelming 1 debt. Just in the last 2 ⁄2 years since interest rates to historic norms. If we majority of Americans. President Obama has been in office, an- can’t balance the budget today, is it Our constituents get it. We can’t con- other $5 trillion, mountains of debt going to be easier 10 years from now tinue to spend money that we don’t that have been added to the backs of when it’s $25 trillion and we have more have. It’s time for Washington to get it our children and grandchildren. It is ir- people on Social Security and Medi- and to heed the will of the American responsible to keep dumping this debt care? people. We should pass this legislation onto future generations. It hurts Amer- My friends across the aisle like to and thereby allow our State legisla- ica’s ability to grow, it holds America’s pull up Social Security, Medicare, and tures the opportunity to ratify this promise back, and it has got to stop. the needy. And do you know what? I commonsense addition to the United If you look at what is important care about those constituents in my States Constitution. about this debate, a balanced budget district as well. But we have to be hon- Mr. NADLER. Mr. Speaker, I yield 4 amendment will finally bring perma- est about what we’re doing. We are bor- minutes to the gentleman from North nent accountability and force Wash- rowing this money from China. We Carolina (Mr. WATT). ington to start living within its means, have given them an economic nuclear Mr. WATT. I thank the gentleman to tell Washington you can’t keep bomb. We are bankrupting this country for yielding time. spending money you don’t have. And and jeopardizing the freedom of our I haven’t heard this said since I’ve yet you listen to this debate and there next generation. been sitting on the floor listening to are Republicans and Democrats sup- Let’s make sure we pass this bal- the debate, but if anybody has said it, porting this concept that’s long over- anced budget amendment, and let’s I want to express my agreement with due to require a balanced Federal budg- rely on the American people to fund them. We cannot continue to spend et; but, of course, there are opponents the obligations that this House makes. more year after year after year than as well. If you listen to what some of With that, I encourage all of my col- we receive. That is unsustainable, and the opponents have been saying, they leagues to support the amendment. with that, I cannot argue. However, I call it reckless. Forty-nine States do Mr. NADLER. I continue to reserve disagree that we need a balanced budg- this, families all across the country the balance of my time. et amendment to make that point. balance their budget, and they call it Mr. GOODLATTE. Mr. Speaker, it is I have no balanced budget amend- reckless to live within our means. now my honor to yield 2 minutes to the ment to operate my household. Some What I would finally say in conclu- gentleman from Pennsylvania (Mr. years I have borrowed money and gone sion is that we have got to put these PLATTS), chairman of the Government in debt, and some years I have accumu- reins on Washington spending. We’ve Organization Subcommittee of the lated a surplus and paid down that got to give this promise to the next Oversight and Government Reform debt. I’m sure that’s the way every generation. Stop playing politics. Let’s Committee. American citizen operates their life, pass this amendment. Mr. PLATTS. I thank the chairman trying to make responsible decisions Mr. NADLER. Mr. Speaker, I would for yielding, and I especially thank and not hiding behind some subterfuge point out that the 49 States borrow for him for his great leadership on this like a balanced budget amendment. capital budgets. They have balanced very important issue. Being responsible, I went into debt to budget amendments for operating I rise in favor of this legislation. The go to college. It was a wonderful in- budgets. This makes no distinction and Federal Government is currently bor- vestment because I wouldn’t be here would not let us borrow ever. rowing close to 40 cents of every dollar today if I had not done that. And I paid I continue to reserve the balance of that it spends. Our $15 trillion national that debt back in some years where I my time. debt has grown to be as large as our en- generated surpluses in my household— Mr. GOODLATTE. Mr. Speaker, I tire economy. One of the most impor- as a result of going to college. I went yield myself 15 seconds to point out tant actions that Congress can take to into debt to buy a house. It’s been a that this does allow you to borrow; you restore fiscal sanity to Washington for wonderful investment. The house has a just have to have a supermajority and generations to come is to adopt a ballot more value now than what I paid a special reason to do so. And I point anced budget amendment to the United for it. It is part of my assets. And one out that if the States had anything States Constitution. of these days, I’m going to pay that like the proportionate debt that is con- I’ve cosponsored a version of a bal- debt off. But I’m still, if you count stituted by this government today of anced budget amendment every session that, operating in a deficit situation. $15 trillion, they wouldn’t be borrowing since first being elected to Congress, There are some years that I’m in sur- much money either. including the measure that we are de- plus. There are some years that I’m in At this time, it is my pleasure to bating here today. This proposal would deficit. The one thing I do know, yield 2 minutes to the gentleman from impose a similar requirement for annu- whether I’m in deficit or surplus, I Wisconsin (Mr. DUFFY), a member of ally adopting a balanced budget, as count the income, and I count the ex- the Financial Services Committee. currently exists in 49 States, recog- penditures.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7853 Balancing a budget is not just about I did not agree with. I’m going to take I urge you to support this resolution. how much you spend; it is also about credit for my four votes that were bal- Mr. NADLER. Mr. Speaker, either we how much you take in. And the govern- anced budgets in 1998 through 2001, will have the discipline to do what we ment’s only source of taking in money which he voted against. So we need bi- have to or this amendment simply puts is tax revenues. So for somebody to partisan support for a rule in our Con- those decisions in the hands of a Fed- come in here and lecture me about a stitution that requires that the budget eral judge, which we don’t want to see, balanced budget amendment, when be balanced every year, except in times I don’t think. they jumped up from discussions and of national emergency when we should I reserve the balance of my time. said, I’m not going to talk about reve- have bipartisan support to not balance. Mr. GOODLATTE. Mr. Speaker, it is nues in an effort to balance the budget, At this time it is my pleasure to my pleasure to yield 1 minute to the I’m just going to have you talk about yield 2 minutes to the gentleman from gentleman from Illinois (Mr. HULTGREN), a member of the Agri- expenditures—that is unacceptable to Florida (Mr. STEARNS), chairman of the me. Energy and Commerce Oversight and culture Committee. Let’s grow up in this institution. Act Mr. HULTGREN. The time is now. Investigation Subcommittee. This week we watched as our Na- responsibly and make tough decisions, Mr. STEARNS. I thank my distin- and we can get out of this deficit situation’s debt reached an unprecedented guished colleague. level—$15 trillion. This debt crisis was tion, and we can pay off the debt. We You know, I say to my colleagues on caused by past administrations and have proved it. We proved it while I the Democrat side, we can sit here and past Congresses who refused to say no was here in this body. We got to the blame Bush; we can sit here, on our more spending. point that Chairman Greenspan at that side we could blame President Obama; Washington spends too much and is time was saying, hey, I’m worried that and we can have this high rhetoric under water. Because of that, our na- you’re going to pay off the national talking about this issue but now is the tional security and sovereignty and the debt too fast and it’s going to be defla- time to get serious. But we are in a standard of living for our children and tionary. Republicans were not in con- very precarious situation. This is all grandchildren are in jeopardy. trol then. We didn’t have a balanced different with a debt to GDP ratio at Mr. Speaker, the time is now for this budget amendment then. 100 percent. Congress to pass immediate, bold and The SPEAKER pro tempore. The When you look at the statistics and permanent spending reforms that will time of the gentleman has expired. you say, well, look, what’s going to hold all future Congresses accountable Mr. NADLER. I yield the gentleman happen in this country in 10 years, in 10 for their spending. And now we have an additional 30 seconds. years 95 percent of all Federal tax reve- the opportunity to do just that by pass- Mr. WATT. We didn’t have a balanced nues will be consumed by payments of ing a balanced budget amendment to budget amendment then. We acted re- interest on the national debt and man- our Constitution. Let’s forever change sponsibly, and not with a single vote datory programs like Social Security. I the way that Washington spends from the people who are here lecturing think you would agree with that. Medi- money and bring accountability back us today and saying they need a bal- care and Medicaid are also there. This to Congress by passing the balanced anced budget to stand behind. That’s will leave just about 5 percent of our budget amendment to the Constitu- like standing behind my mother’s annual tax revenue available for fund- tion. We’ve come close before, but skirt. ing national defense and other essen- there’s no more excuses. The time is Grow up. Make responsible decisions. tial functions of the government. So now. Quit going into wars that we can’t af- this is an attempt here today, a very Mr. NADLER. I continue to reserve ford to pay for and not paying for sober attempt, to control federal budg- the balance of my time. them. Make some responsible deci- ets and do this through a balanced Mr. GOODLATTE. Mr. Speaker, it is sions, and you won’t need this skirt to budget amendment. my pleasure to yield 2 minutes to the stand behind. We don’t need this. It’s Now, you make a valid argument gentleman from Florida (Mr. POSEY), a irrational. The American people know about the difference of these 49 States member of the Financial Services Com- it’s irrational because they know that having an operational balanced budget, mittee and, as a realtor, may want to balancing a budget is a function of in- which is they don’t have a capital out- comment on some of the remarks made come and expenditures. lay balanced budget. I understand that here today regarding the ability of peo- Mr. GOODLATTE. Mr. Speaker, I argument. But also, with this constitu- ple to borrow money under certain cir- yield myself 1 minute to respond to the tional amendment, we are projecting cumstances. gentleman. Mr. POSEY. Well, first I will com- an attempt to have a rainy-day fund, If the gentleman’s complaint is that ment on the value of buying homes on where we set aside money for these there have been decisions made during credit. I think it’s a pretty good idea; emergencies we all worry about. So Republican Congresses that he doesn’t but when you go to get qualified for a agree with that spent too much money, you cannot hang your whole argument home, the rule of thumb is that you that didn’t yield to balancing budgets, on the difference between the state should buy a home roughly not more the gentleman is correct. operational budgets and a state capital than 2.5 times your annual income. If But the gentleman neglects to point budget and a federal budget as a reason you compare that to our known debt of out that there have been many, many for not voting for this because we are $15 trillion, our revenues of about $2.2 Democratic Congresses in the last 50 at such dire extreme situations. trillion, you would see that if our debt years, 37 of them, of which only two of And talking about Founding Fathers, was a home loan, it would be 14 times them resulted in a balanced budget. they understood the perils associated our annual income. No lender would That is not a good record either. In with debt. In fact, Thomas Jefferson loan you money under those cir- fact, during the 1990s, when we were said, ‘‘The principle of spending money cumstances; they would say you are fortunate enough to receive four bal- to be paid by future generations, under bankrupt far beyond any possibility of anced budgets, those balanced budgets the name of funding, is but swindling recovering. And that doesn’t include were under a Republican Congress and futurity on a large scale.’’ the $60 trillion unfunded liabilities for We need to come together and under- a Democratic President. Social Security, Medicare, and Med- stand that this is not business as usual icaid. So I don’t know if that was real- b 1130 like when we voted for the constitu- ly a very good analogy. In point of fact, it was only after tional amendment some 16 years ago. Now, to my point, there is an old po- there was a confrontation about the This is a precarious moment in history. litical axiom that says that anytime level of spending and a government We do not think we can go forward you promise to steal from Peter to pay shutdown that the necessary reforms without controlling our spending, and Paul, one thing usually happens: Paul were made to slow the rate of govern- this is a legitimate attempt to do so. I votes for you. Total revenues, as I just ment spending so we could achieve think the high rhetoric on both sides of said in answer to the chairman’s ques- those balanced budgets. blaming different Presidents and talk- tion, are about $2.2 trillion; total ex- The gentleman from North Carolina ing about the past is gone. We’re talk- penses the Federal Government spends, takes credit for his vote in 1993, which ing about the future. $3.6 trillion.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7854 CONGRESSIONAL RECORD — HOUSE November 18, 2011 Where does the money come from? and to abandon all faith in our collec- fourths of Americans want this. We Rather than balancing our budget like tive ability to respond. I refuse to re- only need two-thirds of our Members to every hardworking American family, 49 cant my faith in our ability to make make this happen. other States, and virtually every local the difficult choices necessary to It is no secret to anyone here that government in the country, Congress achieve the desired goals of debt reduc- Congress suffers from a 90 percent dis- instead currently puts about 40 percent tion and balanced fiscal performance. approval rating, and I believe it’s be- of every what has been described as The proposed amendment also fails cause the American people are sick and ‘‘vote-buying’’ dollar it spends on our another test: do no harm. tired of partisan politics and that their kids’ and our grandkids’ credit cards, The SPEAKER pro tempore. The voices fall on deaf ears. Today we have to the point where each American fam- time of the gentleman has expired. a chance to show the American people ily’s share of the national debt is about Mr. NADLER. I yield the gentleman 1 that we are listening, that we do care $125,000—actually, in excess of $125,000. additional minute. about them, and that we do hear their It will be hard to stop the spending. It Mr. CONNOLLY of Virginia. Had this voices. will be like taking drugs away from an amendment been in place during the Republicans should embrace this bill; addict. income contraction we just experi- Democrats should embrace this bill; Since Congress—Republicans and enced, we would have abandoned the the President of the United States Democrats—has not shown the polit- economic field to the Darwinian forces should embrace this bill because, clear- ical will to be accountable, I believe a at work and guaranteed that the Great ly, the American people embrace this voter-mandated, balanced budget con- Recession became the second Great De- bill. It is a rare opportunity where we stitutional amendment is the only pression, condemning our citizens to all win. hope this country has to preserve the their own fate, one which would have Let us return to our districts with American experiment at representative been characterized for a generation our heads held high, tell our constitu- self-government. And I urge Members with want, double-digit unemployment, ents that their voices were heard, that of this body to begin thinking about and endemic poverty. we listened. Let’s hug our children and the next generation instead of the next b 1140 grandchildren and tell them today we election. made history and we have taken a Why would any Member of this body Mr. NADLER. Mr. Speaker, I yield 2 giant step toward securing their fu- consciously choose such a course, espe- minutes to the gentleman from Vir- ture. For the sake of this great Nation, cially when there are alternatives, al- ginia (Mr. CONNOLLY). do the right thing. Pass this resolu- though painful ones? Perhaps it’s easi- Mr. CONNOLLY of Virginia. Mr. tion. er to pander to the clamor of the mo- Speaker, today this House will vote on Mr. NADLER. Mr. Speaker, how ment or to seek out the seductively the momentous issue of amending the much time do we have, please? Constitution of the United States. All easy answers. Perhaps we seek to mask an ideological agenda to starve the The SPEAKER pro tempore. The gen- of us should understand that this is no tleman from New York has 29 minutes. symbolic vote. This is not a routine government investments cloaked in the more respectable argument of a The gentleman from Virginia has 51 legislative act. We are asked to con- minutes. sider amending the most sacred docu- constitutional amendment made nec- Mr. NADLER. I reserve the balance ment of a free people with a provision essary to balance the budget. of my time. not contemplated by the Founders. For me, the Founders’ silence on this The argument is propounded that the matter in the Constitution was inten- Mr. GOODLATTE. Mr. Speaker, at times demand it, there is no other tional. They understood and expected this time it is my pleasure to yield 2 choice, and that public opinion favors that Congress would meet its duties minutes to the gentleman from Colo- it. But as legislators, we must hold and do its job. rado (Mr. TIPTON), the chairman of the ourselves to a higher threshold to Mr. GOODLATTE. Mr. Speaker, it is Agriculture, Energy and Trade Sub- amend the Constitution. Is the pro- my pleasure to yield 2 minutes to the committee of the Small Business Com- posal essential? Did the Founders fail gentleman from Tennessee (Mr. mittee. to consider the issue that now must be DESJARLAIS), a member of the Over- Mr. TIPTON. I thank the gentleman addressed in and only in a constitu- sight and Government Reform Com- for yielding. tional framework? Is there no legisla- mittee. Mr. Speaker, generations of Ameri- tive remedy? What are the negative Mr. DESJARLAIS. I thank the gen- cans from now will stand in judgment and foreseeable consequences of such a tleman. of the choices that we make today. constitutional mandate? And impor- Mr. Speaker, no one can deny that In my district, as I’ve traveled and tantly, we must remember that, but for our Nation’s on an unsustainable visited with people, from the farm and one, all constitutional amendments are spending path that will lead this coun- ranch community to small business written in indelible ink. try to bankruptcy. Our national debt is owners to families around their kitch- Desirous of a balanced budget, like now a staggering $15 trillion and rising en tables, the message is clear: They’re everybody else, I must regrettably op- daily. frustrated that Washington does not pose the proposed amendment before In the past 50 years, the budget has live under the same rules that they do. us. It does not pass the higher constitu- been balanced just six times, a losing Those families gather each night to tional threshold we must insist upon. record that has seen our deficit explode be able to balance their budget. Small We balanced the budget just a decade from $300 billion to $15 trillion. businesses do it every day. Forty-nine ago for 4 consecutive years without Congress has tried spending caps. of our 50 States balance their budget. such an amendment. It was a matter of Time and time again, one Congress sets And the question is always raised: Why political will, fiscal discipline, and suc- them, just to see the next Congress doesn’t Washington live under the cessful economic growth. undo them. That’s why we must have same rules? There is no evidence that says poten- this amendment. A balanced budget We look at our European counter- tial cannot be resurrected. There is amendment will finally force the Fed- parts right now, Greece, Italy, strug- ample evidence, however, that this in- eral Government to live within its gling under their crushing debt. Will stitution lacks the will and courage to means, not just this Congress, but for we follow that same path or will we undertake the policy changes nec- generations to come. pick a better way? essary. Politicians love their polls, and a re- Mr. Speaker, the time has come, the Political failure can and must be ad- cent poll shows that 75 percent of day has arrived, and the hour is now. dressed here and, failing that, at the Americans favor a balanced budget We have an opportunity to stand up for ballot box. The corrective is forging a amendment to the Constitution. If we, the American people. The one thing political consensus, not amending the as Congressmen, are truly representing that we can all understand as we de- Constitution. In fact, to leap to the lat- the people who sent us here, this is the bate the different sides of this issue is ter as an expedient is to admit the col- day that we set partisan differences one important point that is not debat- lapse of our democratic institutions aside and listen to the people. Three- able—$15 trillion in debt.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7855 Our children, our grandchildren, Ladies and gentlemen of this Cham- stitution. His tenacity, his commit- those of us today, we need to be stand- ber, Mr. Speaker, there are two con- ment to this reform, not singularly but ing up for responsibility. This Con- stituencies out there. Mr. POSEY from predominantly, has brought us to this gress, at this time, has that oppor- Florida said it well. We’re robbing day, and I commend him from my tunity. The choice we make here today Peter to pay Paul. And why that works heart. does not end the debate. We return to around here is because Paul can vote Our Nation is sinking in a sea of our States, to the people who sent us for us. debt. Just this week, we passed $15 tril- here to make that final choice. I think I ask every Member here today: Who lion in national debt. And the Amer- the answer will be clear. stands for the constituency that can’t ican people are tired of the same old The time has come for this Congress directly vote for the next election? arguments. They want solutions, not to embrace a balanced budget, to stand Who stands for their constituency that slogans. They want reforms, not rhet- up and do what every American does doesn’t exist yet but will? oric. The balanced budget amendment every day. We need to pass this bill, Because of the decisions that are to the Constitution is an authentic, and we need to pass it now. made here on this floor in this Federal long-term solution to runaway Federal Mr. NADLER. I continue to reserve Government in this town where too spending, deficits, and debt by both po- the balance of my time. often up is down and down is up and litical parties. Mr. GOODLATTE. Mr. Speaker, it is black is white and white is black, we The measure we bring to the floor my pleasure to yield 2 minutes to the don’t represent the constituency. We today is a bipartisan measure. It is gentleman from Indiana (Mr. ROKITA), don’t prioritize the right constituency nearly identical to the version that a member of the Budget Committee at the right time. This is a chance to last passed the House with bipartisan and a leader on this issue. do this. This is a chance to not let us support. It requires simply that the Mr. ROKITA. I thank the gentleman have that out anymore, to make us Federal Government not spend more from Virginia. have the tax fight, to make us have the than it takes; it requires a three-fifths Mr. Speaker, I rise today as a cospon- cut spending fight, but not allow the vote to raise the Nation’s debt ceiling; sor of this bipartisan bill in full sup- option of kicking the can down the and it requires any increase in taxes by port of it. road to make people who aren’t here a true majority rollcall vote. Rarely do we have a chance in this today pay for it. Now, while I support this historic body to make fundamental difference. version, this bipartisan version of the b 1150 It’s so easy, as I’ve learned in a short 10 balanced budget amendment, I do re- months, for Members of this body to Mr. NADLER. I continue to reserve gret it doesn’t go further. I would that say ‘‘no’’ instead of taking a personal the balance of my time. we had brought a version of the bal- responsibility to make the tough deci- Mr. GOODLATTE. Mr. Speaker, it is anced budget amendment to the floor sions that need to be made. This morn- my pleasure to yield 3 minutes to the that included a cap on Federal spending we have that chance. I don’t think gentleman from Indiana (Mr. PENCE), ing, strict limits on the judiciary, and this chance will come closer in our who is not only the vice chairman of a higher hurdle for Congress to raise orbit for a very long time. the Constitution Subcommittee but taxes on the American people. If we can pass language out of this has been a great partner in this effort But while this version of the bal- House this morning, the Senate has to to pass a balanced budget amendment anced budget amendment doesn’t have vote on it. The Senate Majority Leader to the United States Constitution. everything I want, I believe it will cannot table it. And because it’s a con- (Mr. PENCE asked and was given per- move the debate forward. stitutional amendment, it has nothing mission to revise and extend his re- Adding to our national charter the to do with the President. He can’t veto marks.) expectation of the American people it. He doesn’t have to sign it. It goes Mr. PENCE. I thank the gentleman that this national government live right to the States. for yielding. within its means, that the income meet And why is that so important? Why I rise today in support of H.J. Res. 2, the outgo, would be a historic addition. is that so different? Because finally the a balanced budget amendment to the So I urge my colleagues to support people of this country, of the State of U.S. Constitution. this bipartisan version of the balanced Indiana, of my beloved Fourth District, This is a challenging time in the life budget amendment. Let’s send it to the will have a chance to tell us, by ratifi- of our Nation. Our economy is strug- Senate by the requisite supermajority, cation of this amendment, whether or gling under the failed economic poli- and then let’s let the States decide not they want to live within their cies of the recent past and under a whether the time has come to put in means instead of passing their bills mountain range of debt. We have an our national charter the requirement from the Federal Government—spend- unchecked, spendthrift Federal Gov- that this government live within the ing that’s occurring here, $8 billion to ernment that’s placing a burden of in- means of the American people. $12 billion a day more in debt—whether surmountable debt on our children and Mr. NADLER. Mr. Speaker, I yield 2 they’re done passing it on to their kids grandchildren. Washington, D.C. isn’t minutes to the gentlelady from New and grandkids. And I believe, speaking just broke, it’s broken. And the time York (Ms. VELA´ ZQUEZ). specifically to those of us who rep- has come to change the way we spend Ms. VELA´ ZQUEZ. I thank the gen- resent senior citizens, that most of the people’s money. And to do that in tleman from New York for yielding. them have grandchildren, and they our national charter, the time has I rise in strong opposition to this don’t want their bills passed on to come for a balanced budget amendment misguided amendment which will visit them. to the Constitution of the United harm on working families, prevent gov- Those that say no today, those that States. ernment from responding to crises, and say no today are really saying no be- I want to take a moment to com- cripple the U.S. economy. cause they don’t want to lose control. mend just a few people who brought us Under this amendment, it will be- They don’t want the people to decide. to this day. I want to commend Speak- come difficult to raise the debt ceiling, They’d rather have that in their hands. er BOEHNER and the Republican leader- putting our country at greater risk of They’d rather keep kicking that heav- ship for ensuring that for the first time default. It is alarming that so shortly ier and heavier can down the road so in 15 years we would have an up-or- after averting the most recent danger that citizens like this, Teddy and Ryan down vote in the House and in the Sen- of a default, the authors of this amend- and their kids, can pay the bill. ate on a balanced budget amendment ment will endanger our Nation’s credit The SPEAKER pro tempore. The to the Constitution. so directly. time of the gentleman has expired. But I also want to commend the gen- Equally disturbing, should a war, do- Mr. GOODLATTE. I yield an addi- tleman from Virginia, Congressman mestic crisis, or natural disaster tional minute to the gentleman from GOODLATTE, who throughout those last strike, our government could find its Indiana. 15 years has been, as we say back hands tied, incapable of responding Mr. ROKITA. That’s what this is home, like a dog with a bone on a bal- swiftly. When crises occur, Congress about. anced budget amendment to the Con- must have the flexibility to respond.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7856 CONGRESSIONAL RECORD — HOUSE November 18, 2011 It is shortsighted and dangerous to afloat, and according to the Bureau of When our national debt tops $15 tril- cede this authority from the legislative Labor Statistics, a staggering 26 million, it’s clear that we’re broke. When branch. Not only will this amendment lion Americans are unemployed, under- the Senate refuses to pass any budget effectively slow our response to future employed, or have given up looking for at all, something clearly is wrong. catastrophe, but it will also undercut a job altogether. When each child born today inherits our current economic recovery, elimi- Small business owners tell me that nearly $48,000 worth of debt, something nating 50 million jobs. the uncertainty that they’re going must be changed. The fact is, if you like 9 percent un- through right now makes it so they My wife, Christy, and I have two employment, you will love this amend- won’t hire people because they don’t young sons—Payton and Preston, who ment. know how much money they’re going are 10 years old and 5 years old—and Mr. Speaker, our government has in to have. What we’re doing here in their lives are entirely in front of the past been able to balance its books Washington puts those small busi- them. What we do today on this floor and create surplus. When President nesses at risk. That’s why they’re not will determine the outcome for them Clinton left office, we had a $5 trillion hiring. and their families and for their chil- surplus. However, an unprovoked war, Passing H.J. Res. 2, the balanced dren and their grandchildren. unpaid for, coupled with tax cuts for budget amendment, would be a huge This has not been a problem that has the wealthy erased this windfall and step in the right direction, and in my happened just under the control of the led to our current fiscal problems. If we opinion is the only thing that will ac- Democrats and Barack Obama. This truly wish to tackle the deficit, the tually work over the long run to get has happened over the last 30 years most effective thing we could do is cre- our spending under control here in under the control of both the Repub- ate new jobs. Washington. licans and Democrats. That is why this In the 1990s, economic prosperity You know, it’s interesting. The amendment is so important. helped drive deficits down. Rather than President recently weighed in on this, Now, we’d all like to stand here and wasting this institution’s time on a and one of the things that he said say, We just need to do the right cheap political stunt which has zero about the American people is that thing—and I agree with that. Yet the chance of becoming law, we should cre- they’re lazy. I mean, what an incred- problem is, over the last 30 years, ate opportunity and work to restore ible comment to make. That’s abso- Washington has not done the right the American dream. That is a deficit lutely not true. That’s not what the thing. We have accumulated $15 trillion reduction plan all of us could support. problem with the economy is. The of debt. Debt is a disease which threat- Vote down this misguided amend- problem is that the government sector ens to kill us. ment. is sucking up so much of the funding Today, we must act decisively, and Mr. GOODLATTE. Mr. Speaker, I now that the private sector has no we must act permanently and let the yield 3 minutes to the gentleman from funds to invest or go out and hire peo- American people vote on our Constitu- Ohio (Mr. CHABOT), a distinguished ple and create jobs. That’s the problem, tion, allowing them to say to Wash- member of the House Judiciary Com- not, as the President said, that the ington, Enough is enough. Small busi- mittee. American people are lazy. That’s abso- nesses and families are waiting and Mr. CHABOT. I thank the gentleman lutely not true. It’s outrageous. watching to see if Washington is going for yielding. This is not a Democrat or a Repub- to increase the takings on top of an Mr. Speaker, our national debt has lican issue. This is an American issue. enormous and convoluted Tax Code. reached a staggering $15 trillion. We’re I had the opportunity to weigh in on I support this resolution, and I ask currently borrowing 43 cents on every this amendment back in 1995, when it my colleagues to support it as well. dollar that’s spent here in Washington. was last voted on here in Congress. I Mr. NADLER. I continue to reserve Think of it, 43 cents on a dollar. A tril- voted for it, alongside most of my Re- the balance of my time. lion dollars had to be borrowed from publican colleagues as well as 72 Demo- Mr. GOODLATTE. Mr. Speaker, it is China. Our very sovereignty is at risk cratic Members of the House. I would my pleasure to yield 2 minutes to the when you look at numbers like that. urge them to vote with us today. Let’s gentleman from Georgia (Mr. It’s outrageous. pass this. It’s in the interest of the GINGREY), a member of the House En- Our great Nation is on a dangerous American people. ergy and Commerce Committee. path of fiscal irresponsibility directed b 1200 Mr. GINGREY of Georgia. I thank by a reckless addiction to spending Mr. NADLER. Mr. Speaker, how the gentleman for yielding. here in Washington. Research has con- much time does each side have remain- I stand here in proud support of H.J. sistently shown that the American peo- ing? Res. 2. ple want a balanced budget amend- The SPEAKER pro tempore. The gen- I was listening to arguments on both ment. In fact, a recent survey found tleman from New York has 31 minutes sides of the aisle, particularly from my that 81 percent of those polled support remaining, and the gentleman from colleagues the Democrats, in regard to the requirement that the Federal Gov- Virginia has 40 minutes remaining. the gentleman from North Carolina ernment balance its budget each year, Mr. NADLER. I reserve the balance talking about the ability of individuals just like American families have to do. of my time. to balance their own budgets, and he Today, each of us will have the op- Mr. GOODLATTE. Mr. Speaker, I am made a very convincing personal argu- portunity to choose sides, casting an pleased to yield 2 minutes to the gen- ment. ‘‘aye’’ vote and standing with the tleman from Indiana (Mr. STUTZMAN), Yet I would like to remind him that American people on this issue, or cast- the chairman of the Economic Oppor- 1995—I wasn’t here then; maybe he was ing a ‘‘nay’’ vote and opposing what tunity Subcommittee of the House Vet- here—was the last time we had an op- the American people are demanding. erans’ Affairs Committee. portunity to vote on a balanced budget The balanced budget amendment is a Mr. STUTZMAN. I thank the gen- amendment, some 16 years ago, and it game-changer. It will hold Congress’ tleman for yielding. failed by one single vote. The debt that feet to the fire, forcing us to live with- It is a great privilege and honor to this country has accumulated since in our means just as every American stand here today. In listening to this that time is $9 trillion. The rest of us, family and every American business crucial and very timely debate on the obviously, need some constraints. We must do every year. It has become floor, it is one that I believe Americans have proven that we do not have the commonplace for Washington to spend have been expecting for quite some discipline to balance the budget of this money it doesn’t have for projects it time because Americans are looking to country—$9 trillion—and that’s how we doesn’t need. This is an unacceptable Washington to see if leadership is going get to $15 trillion worth of debt. position for us to be in. Our constitu- to come forward and do what American So I would say to my colleagues on ents deserve better. families do every day, what small busi- both sides of the aisle to please support Washington’s spending binge has put nesses do every day—make sure that this. This is an opportunity for us not a wet blanket over our economy. Small they don’t spend more money than only to show the fiscal responsibility businesses are struggling to stay they have. that 75 percent of the country wants us

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7857 to show but also to show that spirit of Our country needs urgent help, Mr. said that cutting these programs is un- bipartisanship and break the gridlock. Speaker. It’s time for intervention. acceptable. I want to take just a moment, Mr. That’s why we’re here today to con- b 1210 Speaker, to commend the gentleman sider H.J. Res. 2, a balanced budget from Virginia, Representative GOOD- amendment to the Constitution. Most I agree that we should look at ways LATTE. As a physician Member, I some- importantly, the balanced budget to cut waste. However, it’s foolish to times think that there are too many amendment will discourage Congress insist on severe cuts to vital programs attorneys in this body; but thank God from circumventing its fiscal respon- which help people during an economic for the gentleman from Virginia and sibilities because a constitutional downturn. Furthermore, the California for his ability and understanding of the amendment cannot be revised or ig- experience has shown that it is prac- Constitution. He has gone to the Demo- nored. This measure is the only way to tically impossible for 60 percent of a crat side and the Republican side, not force the hand of Congress toward fis- political body to agree on revenue in- just in this session, but for years, in cal responsibility, ensuring that pol- creases, no matter how limited they promoting this balanced budget icymakers just say ‘‘no’’ to reckless are or how much sense they might amendment and in bringing us all to- spending. make. California has tried this flawed gether in a bipartisan way to do some- Many economists and experts agree plan; and guess what, it doesn’t work. thing for the American people and for, that the adoption of such amendment California’s fiscal situation becomes as the gentleman from Indiana said, would begin to address this Nation’s increasingly difficult each year be- our children and our grandchildren. looming debt crisis and would lay a cause of this supermajority require- The SPEAKER pro tempore. The stronger path to long-term economic ment. Do we really want the same at time of the gentleman has expired. growth. The American people over- the Federal Government level? Mr. GOODLATTE. I am happy to whelmingly back a balanced budget I cannot and will not support legisla- yield an additional 30 seconds to the amendment. That’s exactly why H.J. tion which would impose California’s gentleman from Georgia. Res. 2 already has the strong support of flawed fiscal system on the Federal Mr. GINGREY of Georgia. I thank a majority of my fellow Representa- Government. I urge my colleagues to the gentleman for yielding. tives, including 242 bipartisan cospon- learn from history, from a real-life ex- So without question, the time has sors. Our constituents understand what ample, my home State of California, come. This is my opportunity to cast a it means to live within their means, and reject this crushing and foolish vote, the most important that I will and they expect nothing less from the amendment. have cast in 9 years. An opportunity Federal Government. Mr. GOODLATTE. Mr. Speaker, I like this just seldom comes. As I say, it No more denial, Mr. Speaker. It is yield myself 30 seconds to respond to has been 16 years since we have had time for this body to come clean. It is the gentlewoman to say that 49 out of this opportunity. Don’t pass on this. time for each Member to decide wheth- 50 States have a balanced budget re- Let’s make sure that we do this in a bi- er or not this country will continue quirement. And while she sites Cali- partisan way because it takes a two- down a reckless path of debt and de- fornia as perhaps the worst example— thirds vote. spair or if it will quit living beyond its and it may be the worst example—still, I do disagree with the naysayers who means—cold turkey. It’s time to rid the fiscal situation of California is say, Well, this has no chance of pass- this Chamber of its reckless spending much better than the fiscal situation ing. God help us if this has no chance addiction. It’s time for Congress to just here in Washington. The $25 billion def- of passing. This is the one thing that say ‘‘no’’ by voting ‘‘yes’’ on H.J. Res. icit that they have to deal with this we can do for this country to get us 2. year—and they have to deal with it— back on the right track and to finally Mr. NADLER. I yield 2 minutes to for a State that has one-eighth of the prove to the American people that we the gentlelady from California (Ms. population of the country of America do have the discipline to protect their LINDA T. SA´ NCHEZ). which, taken nationwide, would mean a money and to protect our children and Ms. LINDA T. SA´ NCHEZ of Cali- $200 billion deficit nationwide. We have our grandchildren. fornia. Mr. Speaker, I rise today in op- a $1.3 trillion deficit, more than six Mr. NADLER. I continue to reserve position to H.J. Res. 2, the Republican times as much. And this is good dis- the balance of my time. plan to amend the Constitution to re- cipline. It’s worked in the States. It Mr. GOODLATTE. Mr. Speaker, I am duce government investments and cod- will work here as well. pleased to yield 2 minutes to the gen- ify economic stagnation. It is now my pleasure to yield 2 min- tleman from Pennsylvania (Mr. THOMP- We can all agree that it’s important utes to the gentleman from Arizona SON), the chairman of the Conserva- to get the Federal deficit under con- (Mr. FLAKE), a member of the Appro- tion, Energy, and Forestry Sub- trol. However, the amendment Repub- priations Committee. committee, my subcommittee on the licans are proposing is absolutely the Mr. FLAKE. Mr. Speaker, I doubt House Agriculture Committee. wrong way to do it. It should all be that I can match the volume that’s Mr. THOMPSON of Pennsylvania. I very familiar to anyone who has expe- been displayed today, using partisan thank the gentleman from Virginia. rienced California’s budget problems or accusations as to who’s responsible for It is no secret, Mr. Speaker, that who has even observed them from afar. the budget mess that we’re in. But I Washington has a spending addiction. It should be familiar because, just like think that all of us, we Republicans, Congress has demonstrated, regardless in California, this legislation would re- for example, in our candid moments, of which party is in charge, that the quire that a supermajority of both the would admit that we were headed to- out-of-control spending just does not House of Representatives and the Sen- ward this fiscal cliff long before the stop. Each Congress, spending in budg- ate agree to any bill which raises Fed- current President took the wheel. But et reforms are enacted only to be re- eral revenues. we’re in this together. It has been deci- vised or ignored by the next. Unfortu- This not only means potential tax in- sions made by Republicans and Demo- nate as it is, this body has reliably cir- creases but also any bill that allows crats to expand entitlement programs cumvented any real budget process, tax cuts to expire. In effect, the Repub- and to expand discretionary spending even its own rules, in order to fulfill its lican majority is insisting that the that have put us in the situation we’re spending addiction. Routine abuses and only way the Federal Government can in today. budget gimmicks, such as ‘‘emergency’’ tackle its deficit is by reducing pro- I think we would also concede that designations, are designed to skirt grams like Pell Grants, unemployment any bout of fiscal discipline we’ve had budget enforcement rules and to dis- benefits, and infrastructure projects over the past couple of decades has guise the real level of spending. Simi- like Federal highways. These are the been caused by—or at least accom- lar to rampant drug abuse in the 1980s, very programs that help people keep panied by—statutory spending caps which led to addiction and violence at their heads above water during tough that have been put in place. The prob- epidemic levels, our spending habits economic times or help them achieve lem is those only last for a few years, have led to a debt crisis that borders the American Dream; and time and and then this body simply waives on an overdose. time again, the American people have them.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7858 CONGRESSIONAL RECORD — HOUSE November 18, 2011 So we need a backstop. We need a H.J. Res. 2 is a commonsense solu- descending upon the shoulders of constitutional backstop that will force tion to a serious problem that America whom? The poor, the sick, the elderly, us to make decisions that we know faces. I will support it and urge sup- the ordinary families killing them- have to be made. It is sad commentary port. selves to pay for their mortgage each on this body that we have to have a Mr. NADLER. Mr. Speaker, I yield 4 day. constitutional balanced budget amend- minutes to the gentleman from Massa- You don’t need a constitutional ment to force us to do our jobs of chusetts (Mr. MARKEY). amendment, ladies and gentlemen, Re- prioritizing spending, but I think with Mr. MARKEY. The Republicans call publicans, my good friends. You have a a $15 trillion deficit we can concede this bill a ‘‘balanced budget amend- supercommittee meeting right now that we need it. ment,’’ but it is not balanced because down the corridor. You know what you So this won’t make the decisions for it will blow a hole in the budget of should do? Say: Take away those $40 us—we’ll still have to make the tough vital programs that millions of Ameri- billion worth of tax breaks for the oil decisions going ahead—but we need it, cans depend on. It’s unbalanced, companies. They don’t need them. nonetheless. unneeded, and will undermine our Take away the $700 billion in new nu- I urge adoption of this amendment. struggling economy. clear weapons programs. We don’t have Mr. NADLER. Mr. Speaker, how Republicans want us to mangle the any targets for those nuclear weapons. much time remains on each side? Constitution because they cannot man- Kill those programs. Look at the tax The SPEAKER pro tempore. The gen- age this institution. This amendment breaks for the billionaires and million- tleman from New York has 29 minutes. is a means to an end. It’s a means for aires. They don’t need them. Cut them The gentleman from Virginia has 311⁄2 Republicans to end Medicare, to end right now. minutes. Social Security and Medicaid, to end b 1220 Mr. NADLER. I reserve the balance every antipoverty program. And why? of my time. Because they harbor an ancient ani- All of you have taken a pledge, no reductions in the tax breaks for billion- Mr. GOODLATTE. Mr. Speaker, at mosity towards all of those programs. aires. No reductions in defense spend- this time I am pleased to yield 2 min- And their plan is to leave them as debt- ing. You’ve tied your own hands even utes to the gentleman from New Mex- soaked relics of an era where we actu- as you, with crocodile tears, come out ico (Mr. PEARCE), a member of the Fi- ally cared about poor people, the elder- here and say how much you care about nancial Services Committee. ly in our country, because the Repub- balancing the budget and how much Mr. PEARCE. I thank the gentleman lican plan will cut critical health care you care about the American economy. from Virginia for bringing this forward and antipoverty programs, put them on The proof will come next week when to us. a starvation diet, and leave vulnerable you do not stand up in order to take The American debt was downgraded Americans with the crumbs. the tough actions needed right now for about 2 months ago; that is, we’re ap- Our economy now has a 9 percent un- the American people. proaching junk bond status in the employment rate. You know what that minds of certain debt raters. It’s not means? It means that 46 million Ameri- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE just that we have a $15 trillion debt— cans today live in poverty. Do you The SPEAKER pro tempore. The Chair would remind Members to ad- that’s significant—but we have no ap- want to know what poverty is in Amer- dress their remarks to the Chair and parent means or way of paying it off. ica in 2011? That’s a family of four liv- not to other Members in the second Our deficit—that is, the shortfall this ing on $22,000 a year. There are almost year is $1.5 trillion, which will be added person. 9 million families living at or below Mr. GOODLATTE. Mr. Speaker, I to that $15 trillion during the course of the poverty line, including 15.5 million yield myself 1 minute to address the spending the money. This is not just children. That means that one in five Chair but in response to comments that we are in debt. It’s that we’re children in our country are living in made by the gentleman from Massa- broke. And also the raters have seen poverty. Those are the programs that chusetts. that we have gone to Social Security. they want to cut here today, for the We do need to look at that way-back Both parties for the past 70 years have poorest children in America in 2011. machine. I hear the gentleman’s com- taken every cent out of the Social Se- There are almost 50 million Ameri- plaints about decisions made by Repub- curity lock box and spent it. So it’s not cans at risk of not having enough food. licans. In the last 50 years, and the just that we’re in debt $15 trillion; it’s More than 16 million children are in gentleman has been here for many of that we have taken everything out of danger of going to bed tonight without those years, in the last 50 years, this the piggy bank and we’ve spent that. a meal. One in six seniors now live in Congress has balanced its budget a And to my friends who are saying we poverty, dependent upon Medicare, de- mere six times. Thirteen of those years could continue to borrow money, that’s pendent upon Medicaid, each of them Republicans were in control of the also very inaccurate. We could borrow now at grave risk because of the Re- House, and four of those years we had money when we ran deficits of $300 bil- publican plan here today. Their plan is balanced budgets, including the year lion. That was the amount that we ran really a Robin Hood in reverse—take the gentleman mentioned. during the last year of President Bush, from the neediest and give to the And in that year, the gentleman $300 billion. We can borrow that in the greediest. That is the plan. voted ‘‘no’’ on the balanced budget world. But when we went to the tril- Now let’s go back into the ‘‘way that was passed by this Congress that lion-dollar deficits under President back’’ machine, all the way back to the year. And the year before that, we had Obama, there is no nation in the world year 2000, the last time we voted on a a balanced budget; the gentleman capable of lending $1 trillion. China balanced budget here in Congress, 2000. voted ‘‘no.’’ And the year before that, cannot lend $1 trillion. Their total Bill Clinton was President. It passed. we had a balanced budget. And then in economy of $6 trillion. So the raters The budget balanced. And the country 1998, we had a balanced budget. And the looking at our economy say, not only was feeling good. The economy was gentleman voted ‘‘no’’ every single are they broke, but they have no ap- booming. And then George Bush takes time a balanced budget was offered in parent way to pay it back. It’s time to over in January of 2001. The Repub- this Congress. In fact, for the 37 years say that to the American people. licans controlled the House. The Re- that Democrats controlled the Con- So this resolution is very simple. It publicans controlled the Senate. What gress in the last 50 years, only twice simply says that Washington is going do they do? Huge tax breaks for billion- did they do it. to do what you do as the American aires and millionaires, two wars which Now, I have to agree with the gen- family. In order to pay off your bills, were not paid for, Iraq and Afghani- tleman about something, and that is you tighten your belt, you live within stan, all on the Republicans’ shoulders. that Social Security and Medicare are your means. That’s what we’re sug- And they then turn a blind eye as Wall endangered. gesting with this balanced budget Street turned the entire economy into The SPEAKER pro tempore. The amendment, that we live within our a casino, which then cascaded into the time of the gentleman has expired. means, that we do not spend money biggest longstanding recession that Mr. GOODLATTE. I yield myself an that we don’t have. we’ve seen since the Great Depression, additional 30 seconds to say that Social

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7859 Security and Medicare are endangered. make choices on its own. We need the Appropriations Subcommittee of the And do you know why they’re endan- guidance of a balanced budget amend- Appropriations Committee. gered? Because we have a $15 trillion ment to restrain the unrestrained fis- Mr. KINGSTON. I thank the gen- debt. And in all of those years that we cal mess that we have right now. tleman from Virginia. didn’t balance the budget, what did the In 1995 when we passed the balanced An amendment to the United States Congress do? They went into the Social budget amendment, the debt has grown Constitution should never be taken Security trust fund and took every $9 trillion since then. Our experience in lightly. It is a sacred and profound doc- penny of it and spent it on something Colorado and the 49 States that have a ument. Well, 15 years ago when Mr. else. balanced budget amendment show that GOODLATTE and I and a number of oth- And how ironic will it be that all when we have a requirement forcing us ers first came to town, we voted to that debt that we’re transferring to the to balance the budget, we will do just amend that Constitution. We were next generation, all of that debt will be that. Don’t pass the buck; pass the joined not only by all of the Repub- on our children and grandchildren; and BBA. licans but by 72 Democrats. Now some when they need Social Security and Mr. NADLER. Mr. Speaker, I yield 2 of those very 72 who voted ‘‘yes’’ have Medicare, it won’t be there for them, minutes to the gentleman from Penn- changed their minds. We’re hearing the not because of anything in a balanced sylvania (Mr. FATTAH). same old arguments: Social Security budget amendment but because of the Mr. FATTAH. Since this is the and Medicare. When all else goes wrong debt that we have accumulated. Thanksgiving season, maybe rather in Democrat liberal land, you start I reserve the balance of my time. than denigrating the inheritance of a scaring seniors, children, teachers, Mr. NADLER. Mr. Speaker, Social child born in our country, we can cele- first responders, critical programs, and Security and Medicare will be there brate it. The truth is not that as a saying whatever the bill is, this bill unless we pass this balanced budget young American you are born with all threatens them. Well, the worst thing you could do to Social Security and amendment because this balanced this debt. What you’re born into is as a Medicare is to go broke. And since that budget amendment will cause the in- citizen of the greatest country any- vote 15 years ago when it failed in the ability to pay for them. The trust fund where in the world, the wealthiest, Senate by one single Member, we have is amply funded right now for Social most powerful Nation in the world, accumulated $9.2 trillion in debt. Security. made up of decisions that are being de- I reserve the balance of my time. Balancing the budget is what 49 cried here. We could not balance our Mr. GOODLATTE. Mr. Speaker, I States do, what every city does, what budget and win World War I or World yield 2 minutes to the gentleman from businesses and families do. It’s a mat- War II, or build 40,000 miles of Federal Colorado (Mr. GARDNER), a member of ter of survival. It’s not a radical con- the Energy and Commerce Committee. highway or build the land grant college cept. Oh, don’t the people in Greece Mr. GARDNER. I thank the gen- system. wish that they had a balanced budget tleman for yielding. In my church, we borrowed a mort- all those many years? And what of My constituents have a very simple gage to build a church, and you pay for their Social Security and Medicare question for people participating in it over time. These 49 States that we programs right now? What will happen this debate today: What part of broke hear, these imaginary balanced budget to the seniors in Greece without those don’t you understand? What part of the amendments, all of those States bor- critical programs? row money. They have a capital budg- fact that we are borrowing 42 cents of b 1230 every dollar don’t you get? Do you et. They borrow money to build bridges know what happens to the everyday and highways and roads. This nonsense If their government had done the American if they borrow 42 cents of that families don’t borrow money to prudent thing, the right thing, just as every dollar time after time after buy homes or cars, Republicans in the we tried to do 15 years ago, what a dif- time? It’s bankruptcy. They lose their majority can do better than this. This ferent picture it would be in Greece. But Greece is not alone in trying to homes. They lose their ability to pro- is not a debate between Republicans defy the laws of financial gravity. vide food for their families. They go and Democrats. America seems to be doing it. For broke, just like this country is going We don’t need a balanced budget. We every dollar we spend, 40 cents is bor- broke today. need a budget as a country that retains Only Congress doesn’t have to pay an our leadership position in the world. rowed. And yet we are choosing to ig- overdraft fee. When we write checks for We don’t want to have a balanced budg- nore all the many red flags that are more money than we have, we’re not et and a weak military. We don’t want around us. But when the whole thing goes broke and melts down, won’t our paying an overdraft fee. You know to have a balanced budget but not be able to take care of the needs that have children say, What were you thinking? what we’re paying, we’re paying inter- Mr. Speaker, this vote today is not propelled our country forward. est. We’re passing the buck. We’re put- about the next election. It is truly We just honored John Glenn and Neil ting our future into great debt that about the next generation. Vote ‘‘yes.’’ they cannot sustain for current-day Armstrong, astronauts who led our way Mr. NADLER. Mr. Speaker, I yield 2 spending. We shouldn’t be passing the into space. We didn’t do that on a bal- minutes to the gentlelady from Wis- anced budget. We said that we were buck. We should pass the BBA, the bal- consin (Ms. MOORE). anced budget amendment. going to lead in terms of the race to Ms. MOORE. Mr. Speaker, I rise in I come from the State of Colorado, the Moon, and we led. This country de- strong opposition to H.J. Res. 2, the so- served in the Colorado State Legisla- serves better. called—so-called—balanced budget ture where we have a strong balanced Republicans who are here, let us ad- amendment. budget amendment. And you know dress the real issue. The real issue is I also rise, Mr. Speaker, to point out what that forces us to do? It forces us that we have a 70-year low in the the nefarious, cynical intergenera- to make tough choices, to make the amount of resources coming into the tional warfare that has been raised as right decisions for the people of Colo- government because we’ve cut taxes. an argument for passing this misguided rado and to make sure that we are, in- The gentleman says where can we bor- so-called balanced budget amendment, deed, balancing our budget. row a trillion dollars from? Well, we to say that we want to extract $2 tril- Sure, it means that there are some can borrow it from the trillion dollars lion over the next decade from pro- very difficult decisions that have to be of tax expenditures we are going to grams that benefit seniors, like Social made, but that’s exactly what we were provide this tax year, many to the Security and Medicare, and say we’re sent here to do. We weren’t sent here wealthiest people of our country. We doing it to keep from imposing a bur- to fiddle while the Treasury burns. We have the ability to pay our bills. We den on our children and grandchildren, were sent here to solve one of the need to make the decision to do it and as if this balanced budget amendment greatest challenges that this country leave the Constitution alone. benefited those children. faces, and that is growing, insurmount- Mr. GOODLATTE. Mr. Speaker, it is Mr. Speaker, this program will dev- able debt and deficits. my pleasure to yield 2 minutes to the astate public education. It will dev- I would urge my colleagues to pass gentleman from Georgia (Mr. KING- astate the Federal Government’s cur- this resolution. This Congress cannot STON), the chairman of the Agriculture rent mandatory spending in Pell

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7860 CONGRESSIONAL RECORD — HOUSE November 18, 2011 Grants, a program that’s designed to I’m pleased to vote in strong support As a freshman in Congress, the very help us meet the global challenges of of a balanced budget amendment and first bill I introduced back in March the future by educating our assets—our will continue working on ways to get was a balanced budget amendment, and children. our fiscal house in order, grow Amer- it was a stronger balanced budget It’s a program that in the next dec- ica’s economy, and create jobs. amendment than this. It included a ade will take a half trillion dollars out Mr. NADLER. Mr. Speaker, I yield 2 spending limitation, and it made it of the Children’s Health Insurance Pro- minutes to the gentleman from Geor- more difficult for myself and my col- gram. It’s a program that will exacer- gia (Mr. JOHNSON). leagues to raise taxes. I support this bate hunger that children face right Mr. JOHNSON of Georgia. I rise in balanced budget amendment with ev- now through WIC and our SNAP pro- strong opposition to H.J. Res. 2. erything I’ve got because, again, we gram, our food stamp program, and the It represents an attack on the middle have an opportunity to do something earned income tax credit. We have now class and the most vulnerable in our fairly historic, and this amendment one in five children today that are society by the Grover Norquist Tea will enable us to do that. going to bed hungry. Party Republicans. You see, there is no I’ve learned in my year—almost a So when we say we want to balance fiscal emergency, but the fiscal crisis year—as a Congressman that there’s the budget, we are balancing it on the has been manufactured by the Tea plenty of hypocrisy in this Chamber on backs of our children. And those chil- Partiers, along with Grover Norquist both sides of the aisle. The hypocrisy dren that we are trying to save—or we and the Republicans that represent today is regrettably, Mr. Speaker, with say that we are trying to save—must them, for the purposes of tricking the too many of our Democratic colleagues be the children of those heirs, those 1 American people into thinking that who really would like to vote for this percent that we are now enriching. America can’t pay its bills. We paid our but they simply can’t because of polit- Mr. GOODLATTE. Mr. Speaker, it is debts, we can pay our debts, and we’ll ical reasons. my pleasure to yield 2 minutes to the continue to pay our debts. gentleman from Illinois (Mr. SCHIL- Just like families of America who b 1240 LING), a member of the Agriculture incur debt as a normal course of taking I would implore my Democratic col- Committee. care of their families, we’ve heard a lot leagues to just think about, again, Mr. SCHILLING. I would like to of analogies to the Federal Govern- what our kids and our grandkids will thank the gentleman from Virginia for ment should balance its budget like a say—and we throw their names around giving me the time today. family. But how many 99ers, how many here often—what they will say to us 20, We continue to hear a common families do you know that can go out 30, 40 years down the road when they thread: Let’s raise taxes on our job cre- and purchase a car for cash? How many know we didn’t exhibit the courage we ators with no solution to our spending of those 99ers, how many of those fami- need to exhibit right here and now. problems. I stand with my colleague from Vir- I rise today as the people’s House lies out there working can afford to ginia in full support of this balanced prepares to vote for an amendment to pay cash for a house? Everybody out budget amendment. our Constitution that will require Con- there incurs debt for legitimate ex- Mr. NADLER. Mr. Speaker, I yield 3 gress and the President to balance the penses, and this Nation has legitimate minutes to the distinguished gen- budget. I look forward to voting in expenses that it has to pay debts for, tleman from New York (Mr. ENGEL). favor of this amendment today. Fifteen like two wars, like a Medicare part D Mr. ENGEL. I thank my friend from years ago, an amendment nearly iden- supplement, and like the Bush tax cuts New York. tical to this one passed the House with that they don’t want to expire. I rise in strong opposition to this strong bipartisan support but failed by So what they’re doing, ladies and piece of legislation. one single vote in the Senate. Since gentlemen, is they are trying to en- With all due respect, I always enjoy that time, our debt has tripled. shrine in the Constitution what is al- Did you know that on Wednesday our ready an unfair tax system, a system listening to my Republican friends lec- national debt surpassed $15 trillion? that favors the rich and balances the ture us about fiscal responsibility. May And it has been nearly 950 days since budget on the backs of the middle I remind them that when Bill Clinton the Senate has passed a budget, not to class. Those are the people that pay for left office we had record surpluses, and mention the 20 jobs bills that are sit- America’s expenses, not the corpora- in 8 years of George Bush, record defi- ting over there that they’ve decided tions and wealthy individuals, many of cits. And may I remind my Republican not to act upon. whom do not pay one red cent in friends that for 6 of those 8 years, dur- The American people deserve better. taxes—and you know it’s true, and ing the Bush years, Republicans con- You deserve a credible plan to help get they know it’s true. trolled both Houses of the Congress. So our fiscal house in order, grow our So, ladies and gentlemen, I rise in if we were going to do the right thing economy, and get folks back to work. strong opposition. This is shortsighted, and attempt to balance our budget, we It’s clear, though, we cannot borrow or mean-spirited, unfair, and wrong for could have done so then. But what did spend our way out of this mess. We also America, and I urge my colleagues to we do then? We fought two wars on the cannot afford to put off badly needed vote against it. credit card; we had tax cuts for the but difficult decisions. We need to Mr. GOODLATTE. Mr. Speaker, it is wealthy, which we’re now paying for in tackle this unsustainable spending ad- my pleasure to yield 2 minutes to the terms of our deficits now; a prescrip- diction head on. gentleman from Illinois (Mr. WALSH), tion drug program unpaid for. And so it Since coming to Washington, my fel- chairman of the Small Business Eco- seems to me that if we have the resolve low freshman colleagues and I have nomic Growth Subcommittee. to do it—you know, I love people who helped change the way the conversa- Mr. WALSH of Illinois. A big thank- have newfound religion, but when they tion has been held here for years from you to the gentleman from Virginia for controlled the place, we went from ‘‘How much can we spend?’’ to ‘‘How taking a lead—a very strong lead—on massive surpluses to massive deficits. much can we save?’’ This is a good this issue. Now, this Congress needs to work start, but we can do much more to get Mr. Speaker, like many of my fellow with the President in passing a jobs our country on a better fiscal path and freshmen, I was sent here to Wash- bill. This Congress should be passing a save the American Dream for our kids ington because we’re broke. We have a robust transportation bill. This Con- and our grandkids. government we can’t afford. Like all of gress should get out of the business of We have the duty to leave our kids us, we were sent here, though, not just attacking our labor, attacking seniors, and our grandkids with a country bet- to cut spending. We were sent here, and attacking women, and do what the ter off than it is now. We have the op- hopefully, to try to change the way American people want us to do: Put portunity here to fundamentally this town does business so that we people back to work. change the way Washington does busi- never get to this point again and so A balanced budget amendment will ness by supporting the balanced budget that our kids and our grandkids aren’t ultimately lead to either draconian amendment. It’s time for Washington stuck with a bill they’ll never be able cuts in the social safety net for some of to balance the budget. to pay off. our Nation’s most cherished programs

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7861 like Social Security, Medicare, and those years will run deficits unless we agreement in the supercommittee be- Medicaid, or significant tax hikes on have a discipline in our Constitution to cause the Republicans will not tax the the Nation’s middle class. This is noth- require that we do otherwise. rich. That’s the basic problem, and a ing more than a gimmick to garner And I would also point out that in balanced budget amendment will not headlines while avoiding the tough de- the 4 years since the gentleman has solve that problem. cisions that the people have asked us been here and I’ve been here we’ve had I reserve the balance of my time. to make. You know, there may be balanced budgets. The gentleman, for Mr. GOODLATTE. Mr. Speaker, I times in the future when we need to I’m sure reasons that he felt were very yield myself 1 minute to respond to the run a surplus, there may be times when justified, voted against all four of the gentleman. we need to run a deficit to stimulate budgets that balanced in this Congress. First of all, let me just be very clear the economy. This amendment hand- I reserve the balance of my time. that when the gentleman talks about cuffs us and puts us in a straitjacket Mr. NADLER. Mr. Speaker, I yield the sins that he wants to impose upon where we have nowhere to move. myself 2 minutes to reply to what the Republicans for not balancing the I care and my constituents care very gentleman just said. budget, I think that’s a very good argu- much about preserving Medicare, Med- The fact is, the reason this country is ment. But since this is a bipartisan bill icaid, and Social Security. I think that in such deficit is because of a delib- and dozens of his colleagues will be if we’re going to get our budget to bal- erate Republican crusade over the last voting for this, I think it’s because ance, it’s not only cuts in programs 30 years to reduce taxes on the rich in those of us who vote for it recognize that we need, although my friends on order to deliberately create huge defi- that this is true on both sides of the the other side of the aisle fret about cits, and to then use those deficits as aisle, that there has been a lack of defense cuts. We need to cut spending, the excuse to justify large cuts to gut tough decisions that have led to bal- yes. We also need to raise taxes on Social Security and Medicare and Med- anced budgets. those who can most afford to do it, the icaid and education programs that they Every single year I vote for the 1 percent. I think that’s something we have never liked in the first place but toughest budget offered in this Con- should consider. could not justify cutting without it. gress. Those budgets never pass. Why? So while we think this is one size fits Taxes used to be 18 to 19 percent of Because there’s no requirement that all, and we can all go home and say, the economy, of GDP. Now they’re they do so. So, what do we have? We well, we tried to save the Republic, about 14 percent of GDP, and yet the have complaints on the other side of what I think this does is handcuff us Republicans won’t increase it because the aisle that this is a terrible plot on for generations to come, makes it im- we have decreased the taxes on the rich our part to bring about all kinds of possible for us to stimulate the econ- and on the corporations. The country is harsh cuts. This balanced budget omy, and makes it impossible for us to not broke; we’re just not taxing the amendment doesn’t make any distinc- continue those social service programs millionaires and the billionaires the tion between whether you balance a that the American people have come to way we used to. budget by raising taxes or cutting rely on—Medicare, Medicaid, and So- And the fact is, you look at the his- spending. I’m going to do it to cut cial Security. I think we need to meet tory here. When Ronald Reagan took spending because I see lots of waste in in a sensible center, not have some- over as President of the United States, our government. And I’ve voted for thing like this that’s draconian. the entire national debt of the United budgets that bring about a balance Let me finally say, what’s truly ab- States accumulated from George Wash- without raising taxes, but that is not surd is that we require only a simple ington through Jimmy Carter was less the point here. The point is that it majority to send our men and women than $800 billion. Then you had 12 years doesn’t get done either way. in uniform into harm’s way, and yet of Reagan and the first Bush cutting The SPEAKER pro tempore. The the Republican majority would require taxes on the rich. When Clinton took time of the gentleman has expired. a supermajority to raise the Nation’s over, you had a $4.3 trillion deficit, and Mr. GOODLATTE. I yield myself an debt ceiling. We all saw how close our it was expected to go much higher. We additional 30 seconds. economy came to disaster with only a made the tough decisions; we voted for As to the gentleman’s complaint that simple majority vote to raise the debt increased taxes in 1993 and for cutting this is all because we haven’t taxed the ceiling the last time. the budget. And when Clinton left of- rich, my goodness, in the last Congress, So I would say to my colleagues, vote fice 8 years later, the budget had been under the control of your party, you ‘‘no.’’ Let’s do the job that we were balanced. But from the time we made extended all of those tax cuts for ev- elected to do. Let’s make the tough that vote in 1993, the deficit decreased eryone. And the fact of the matter is choices. We don’t need a balanced every year until it became a surplus, that the top 1 percent of American budget amendment. then it increased every year. And when families pay 38 percent—38 percent—of Mr. GOODLATTE. Mr. Speaker, I Bush II took over, we were looking at the personal income taxes in this coun- yield myself 1 minute to respond to my a $5.7 trillion surplus over the next 10 try today. good friend from New York. years, and we were going to pay off the 1250 I would just say to the gentleman entire national debt. Then we had b that we do need to do the job, but you those huge Bush tax cuts and the irre- That, by the way, is up from 34 per- don’t have to look ahead to wonder sponsible, unpaid-for wars. And when cent in 2001. So all of this can be on the what’s going to happen, all you have to Bush left office, we had a $9.5 trillion table when we have a discussion about do is look back. Over the past 50 years deficit—a turnaround of $15 trillion— how to balance the budget. we’ve balanced the budget just six and a recession, which causes the big- All we’re debating here today is the times and we’ve run up a $15 trillion ger deficits now. principle of whether or not we should national debt. Now, the gentleman has The SPEAKER pro tempore. The balance the budget and looking at the cited some criticism of Republican time of the gentleman has expired. past history where we have not, indeed, votes, but there are plenty of Demo- Mr. NADLER. I yield myself an addi- balanced it but six times in 50 years. cratic votes in the 4 years that the tional 30 seconds. Mr. Speaker, at this time it is my Democrats were in control of this Con- The CBO estimated, before President pleasure to yield 2 minutes to the gen- gress. Just recently we added $4 tril- Obama took office, that the next year’s tleman from Florida (Mr. WEST), who is lion to the national debt. Now, the fact deficit would be $1.2 trillion before he not only a member of the House Armed of the matter is, over the 50 years, 37 of did anything. And I would remind us Services Committee, but a great advo- those years Democrats have controlled that nondefense discretionary spending cate for fiscal responsibility and a bal- the House of Representatives and only in this country has not gone up by a anced budget. 2 of those 37 years was it balanced. So nickel, adjusted for inflation and popu- Mr. WEST. I want to thank my col- when the gentleman says that some lation growth, since 2001, when we had league from Virginia, and I want to say years will run surpluses and some a huge surplus. that I rise in strong support of H.J. years will run deficits, that’s very true, The problem is that our taxes on the Res. 2, which is the balanced budget but the history has been almost all of rich are too low. We cannot reach an amendment.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7862 CONGRESSIONAL RECORD — HOUSE November 18, 2011 The United States of America has taxed too little. The problem is that urge you to oppose any balanced budget just topped $15 trillion in debt; $4.4 tril- Washington spends too much. This has amendment to the United States Constitu- lion of new debt has been added. been going on for years, and it needs to tion. A balanced budget constitutional amend- In Greece we see a debt to GDP ratio stop now. We need a balanced budget ment would damage the economy, not of 128 percent. Mr. Speaker, in Italy amendment because Washington has strengthen it. Demanding that policymakers it’s 120 percent debt to GDP ratio. The clearly indicated its inability to dis- cut spending and/or raise taxes, even when United States of America is now at 101 cipline itself. the economy slows, is the opposite of what is percent debt to GDP ratio. It is about This balanced budget amendment of- needed to stabilize a weak economy and time now that we start to make a deci- fers Congress and the President a very avert recessions. Such steps would risk tip- sion. Are we going to be fiscally dis- clear choice, either stand with the al- ping a faltering economy into recession or ciplined? Are we going to have fiscal ready overtaxed American families and worsening an ongoing downturn, costing large numbers of jobs while blocking worthy responsibility? Are we going to con- small businesses who have to balance their budgets on a daily basis, or stand investments to stimulate jobs and growth tinue to bankrupt the future of our and address the nation’s urgent needs in in- children and grandchildren because we with the Washington establishment frastructure and other areas. were sent here to be elected officials, that always demands more of the According to a new analysis of a balanced sent here to be leaders and we’re afraid American people, more of their hard- budget amendment by Macroeconomic Ad- to make the tough decisions? earned tax dollars without any ac- visers, one of the nation’s preeminent pri- Historically, we have shown that we countability for how they spend their vate economic forecasting firms, if a con- are not going to make those tough de- money. stitutional balanced budget amendment had already been ratified and were now being en- cisions. Now, I’ve only been here for 11 American families have to stick to a budget every month, so why should the forced for fiscal year 2012, ‘‘the effect on the months; but I will tell you that right economy would be catastrophic.’’ The anal- now we have to do something different, Federal Government be any different? ysis reports that if the 2012 budget were bal- and it has to start now. Or else what do We can’t keep mortgaging our chil- anced through spending cuts, those cuts I say, Mr. Speaker, to my two daugh- dren’s future to China. would have to total about $1.5 trillion in 2012 ters, 18 and 14? Am I going to say to It’s time to take a stand, Mr. Speak- alone, which they estimate would throw them that I did not have the courage to er. The ‘‘tax and spend and then blame about 15 million more people out of work, the American people for not paying double the unemployment rate from 9 per- stand here today and make the right their ‘fair share’ game’’ must end, and cent to approximately 18 percent, and cause decisions in order to ensure that they it can end today. Passing the balanced the economy to shrink by about 17 percent have a bright and prosperous future in budget amendment will help bring this instead of growing by an expected 2 percent. the United States of America? Additionally, all versions of the balanced country back to economic prosperity It is not about raising taxes. In fiscal budget amendment being considered also and end this game. year 2011 we saw a 6.5 percent increase contain a Provision requiring three-fifths of Mr. NADLER. Mr. Speaker, I yield to in revenues in the United States of the whole membership of both houses to the gentleman from Illinois (Mr. JACK- America; yet we still had a $1.3 trillion raise the debt limit, making risk of default SON) for a unanimous consent request. more likely and empowering a willful minor- deficit, which follows on the heels of a Mr. JACKSON of Illinois. Mr. Speak- ity to hold the full faith and credit of the $1.42 trillion and a $1.29 trillion deficit. er, I ask unanimous consent to enter U.S. hostage to whatever other political de- Now is the time for a balanced budg- into the RECORD a letter of national or- mands they may have. The difficulty of rais- et amendment. If not now, then when, ganizations opposing the balanced ing the debt limit this summer illustrates when we hit $20 trillion in debt? budget amendment. They include: the how hard it can be to secure the necessary Mr. Speaker, I think that each and Children’s Welfare League of America, votes even when the consequences are so every one of us here today, when we grave. Only two of the last ten debt limit in- the Children’s Defense Fund, the Chil- creases achieved a three-fifths vote, and in cast our vote, there needs to be that dren’s Dental Health Project, the Dis- little yellow Y next to our names be- those two cases, only because the increases ability Rights Education and Defense were imbedded in other must-pass legisla- cause if it’s a red N next to our names, Fund, Division of Early Childhood of tion. In short, a balanced budget amendment we’re telling the American people that the Council For Exceptional Children, is a recipe for making recessions more fre- we’re not willing to stand up and make the Easter Seals, Every Child Matters quent, longer, and deeper, while requiring se- the hard decisions, we’re not willing to Education Fund, Families USA, the vere cuts that would harshly affect seniors, make ourselves fiscally responsible. Forum for Youth Investment, the Fos- children, veterans, people with disabilities, And I think that’s absolutely reprehen- ter Family-based Treatment Associa- homeland security , activities, public health and safety, environmental protection, edu- sible. tion, Horizons For Homeless Children, The SPEAKER pro tempore. The cation and medical research. It would almost the National Association for Adults certainly necessitate massive cuts to vital Chair would note that the gentleman with Special Learning Needs, the Na- programs including Social Security, Medi- 1 from Virginia has 15 ⁄2 minutes remain- tional Association For Education of care, Medicaid, veterans’ benefits and lead to ing and the gentleman from New York Young Children, the National Associa- even deeper cuts than the House-passed has 13 minutes remaining. tion of Elementary School Principals, budget. Mr. NADLER. I reserve the balance the National Association of Private A balanced budget amendment has no of my time. Special Education Centers, the Na- place in the Constitution of the United States. Our Constitution has served the na- Mr. GOODLATTE. Mr. Speaker, at tional Association of School Psycholo- this time it is my pleasure to yield 2 tion well because it represents enduring gists, the National Association of Sec- principles that are the foundations of our minutes to the gentleman from Ohio ondary School Principals, the National government. It should not be used as a sub- (Mr. JOHNSON), a member of the House Black Child Development Institute, the stitute for real leadership on fiscal policy. Veterans’ Affairs Committee and a National Partnership for Women and We strongly urge you to oppose any con- great supporter of the balanced budget Families, the National School Boards stitutional balanced budget amendment. amendment. Association, School Social Work Asso- Sincerely, 9to5, National Association of Working Mr. JOHNSON of Ohio. Mr. Speaker, ciation of America, YouthBuild USA, I am indeed a great supporter of the Women, AFL–CIO, AIDS Alliance for Chil- the YWCA, the AIDS Alliance for Chil- dren, Youth & Families, AIDS Community balanced budget amendment, and I dren, Youth and Families, the Alliance Research Initiative of America, The AIDS stand in strong support of it today. For Educational Excellence, the Asso- Institute, AIDS Project Los Angeles, AIDS You know, it’s amazing to me we ciation of Education Service Agencies. United, Alliance for a Just Society, Alliance still keep talking about the Bush-era The SPEAKER pro tempore. Is there for Excellent Education, Alliance for Jus- tax cuts. Those same tax cuts are to- objection to the request of the gen- tice. day’s current tax law that have been tleman from Illinois? Alliance for Retired Americans, American affirmed by this Congress, this Senate, There was no objection. Association of Colleges for Teacher Edu- and signed into law by this President. cation, American Association of Community NATIONAL ORGANIZATIONS OPPOSING THE Colleges, American Association of School So why we keep blaming financial woes BALANCED BUDGET AMENDMENT Administrators (AASA), American Associa- on President Bush is beyond me. November 16, 2011. tion of University Professors, American As- But let’s make one thing perfectly DEAR REPRESENTATIVE/SENATOR: The 275 sociation of University Women (AAUW), clear. The American people are not undersigned national organizations strongly American Counseling Association, American

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7863 Dance Therapy Association, American Edu- HealthHIV, HIV Law Project, Horizons for of Women’s Organizations (NCWO), National cational Research Association, American Homeless Children, Housing Works, Inter- Council on Independent Living, National Dis- Federation of Government Employees, AFL– faith Worker Justice, International Associa- ability Rights Network, National Education CIO, American Federation of School Admin- tion of Fire Fighters, International Associa- Association (NEA), National Employment istrators, AFL–CIO, American Federation of tion of Machinists and Aerospace Workers, Law Project (NELP), National Fair Housing State, County and Municipal Employees International Brotherhood of Boilermakers, Alliance, National Family Caregivers Asso- (AFSCME), American Federation of Teach- Iron Ship Builders, Blacksmiths, Forgers, ciation, National Federation of Federal Em- ers, AFL–CIO, American Jewish Committee, and Helpers, AFL–CIO. ployees. American Medical Rehabilitation Providers International Brotherhood of Electrical National Gay and Lesbian Task Force Ac- Association (AMRPA), Workers, International Brotherhood of tion Fund, National Health Care for the American Medical Student Association Teamsters, International Society for Tech- Homeless Council, National Hispanic Council (AMSA), American Network of Community nology in Education, International Union of on Aging (NHCOA), National Housing Trust, Options and Resources, American Postal Police Associations, AFL–CIO, International National Immigration Law Center, National Workers Union, AFL–CIO, American Psy- Union, United Automobile, Aerospace & Ag- Latina Institute for Reproductive Health, chiatric Association, American Public ricultural Implement Workers of America National Law Center on Homelessness & Health Association, American Rights at (UAW), Jewish Council for Public Affairs, Poverty, National Low Income Housing Coa- Work, American School Counselor Associa- Laborers’ International Union of North lition, National Organization for Women tion, Americans for Democratic Action, America (LiUNA!), Latino Commission on (NOW), National Partnership for Women & American-Arab Anti-Discrimination Com- AIDS, The Lawyers’ Committee for Civil Families, National Pediatric AIDS Network, mittee (ADC), The Arc of the United States, Rights Under Law, The Leadership Con- National People’s Action. Asian American Justice Center, member of ference on Civil and Human Rights. National Priorities Project, National Res- Asian American Center for Advancing Jus- Leadership Team, Sisters of St. Francis of pite Coalition, National Rural Education Ad- tice, Asian & Pacific Islander American Philadelphia, League of Conservation Vot- vocacy Coalition, National Rural Education Health Forum, Association for Career and ers, League of Rural Voters, League of Association (NREA), National School Boards Technical Education, Association of Adult United Latin American Citizens (LULAC), Association, National Skills Coalition, Na- Literacy Professional Developers, Associa- League of Women Voters of the United tional Superintendents Roundtable, National tion of Assistive Technology Act Programs States, Learning Disabilities Association of Treasury Employees Union, National Urban (ATAP). America, Main Street Alliance, Medicare League, National WIC Association, National Association of Education Service Agencies Rights Center, Mental Health America, Women’s Conference Committee, (AESA), Association of School Business Offi- NAACP. National Women’s Law Center, Natural Re- cials, Association of University Centers on National Academy of Elder Law Attorneys, sources Defense Council (NRDC), NETWORK, Disabilities (AUCD), Autism National Com- National Active and Retired Federal Em- A National Catholic Social Justice Lobby, mittee, AVAC: Global Advocacy for HIV Pre- ployees Association (NARFE), National Alli- Not Dead Yet, OMB Watch, Paralyzed Vet- vention, Bazelon Center for Mental Health ance for Partnerships in Equity, National Al- erans of America, People For the American Law, Bienestar Human Services, Bread for liance of State & Territorial AIDS Directors Way (PFAW), Population Action Inter- the World, Break the Cycle, Building and (NASTAD), National Assembly on School- national, Progressive States Action, Project Construction Trades Department, AFL-CIO, Based Health Care, National Association for Inform, Public Citizen, Public Education B’nai B’rith International, Campaign for Adults with Special Learning Needs, Na- Network. Racial and Ethnic Health Disparities Coa- America’s Future, Campaign for Community tional Association for Children’s Behavioral lition (REHDC), Rebuild The Dream, RE- Change. Health, National Association for College Ad- CANN—Community Access National Net- SULTS, Sargent Shriver National Center on mission Counseling, National Association for work, Center for Law and Social Policy Poverty Law, School Social Work Associa- Hispanic Elderly, National Association for (CLASP), The Center for Media and Democ- tion of America, Service Employees Inter- Music Education. racy, Center for Medicare Advocacy, Center National Association for the Education of national Union (SEIU), Sexuality Informa- tion and Education Council of the U.S. on Budget and Policy Priorities, Child Wel- Young Children, National Association of (SIECUS), Share Our Strength, Sisters of fare League of America (CWLA), Children’s Area Agencies on Aging (n4a), National Asso- Mercy Institute Justice Team, Social Secu- Defense Fund, Children’s Dental Health ciation of Councils on Developmental Dis- Project, Cities for Progress, Institute for rity Disability Coalition, Social Security abilities, National Association of County Be- Policy Studies, Citizens for Global Solu- Works. havioral Health and Developmental Dis- tions, Citizens for Responsibility and Ethics Southeast Asia Resource Action Center, ability Directors (NACBHDD), National As- in Washington, Citizens for Tax Justice. Stand Up for Rural America, Robert S. War- Clinical Social Work Association, Coali- sociation of Elementary School Principals, wick, Steering Committee, Stewards of Af- tion for Health Funding, Coalition of Labor National Association of Federally Impacted fordable Housing for the Future (SAHF), Union Women, Coalition on Human Needs, Schools, National Association of Govern- Strengthen Social Security Campaign, Sugar Commission on Adult Basic Education, Com- ment Employees/SEIU, National Association Law Center for Economic and Social Justice, mittee for Education Funding, Common of Housing and Redevelopment Officials TESOL International Association, Transpor- Cause, Communications Workers of America (NAHRO), National Association of Letter tation Equity Network, Transportation (CWA), Community Action Partnership, Carriers, National Association of Nutrition Trades Department, AFL–CIO, Treatment Community Food Security Coalition, Com- and Aging Services Programs (NANASP). Access Expansion Project, Treatment Action munity Organizations in Action, Corporation National Association of People with AIDS Group (TAG). for Enterprise Development (CFED), Council (NAPWA), National Association of Private Trust for America’s Health (TFAH), Union for Children with Behavioral Disorders. Special Education Centers, National Asso- for Reform Judaism, United Association of Council for Exceptional Children, Council ciation of School Psychologists, National As- Journeymen and Apprentices of the Plumb- for Opportunity in Education, Council of Ad- sociation of Secondary School Principals ing and Pipe Fitting Industry of the United ministrators of Special Education, Council (NASSP), National Association of State Di- States and Canada, United Cerebral Palsy, of the Great City Schools, CREDO Action, rectors of Career Technical Education Con- United Church of Christ Justice and Witness Defenders of Wildlife, Democracy 21, Demos, sortium, National Association of State Di- Ministries, United Electrical, Radio and Ma- Department for Professional Employees, rectors of Special Education (NASDSE), Na- chine Workers of America (UE), United for a AFL-CIO, Direct Care Alliance, Disability tional Association of State Head Injury Ad- Fair Economy, The United Methodist Rights Education and Defense Fund, Divi- ministrators, National Association of Thrift Church—General Board of Church and Soci- sion for Early Childhood of the Council for Savings Plan Participants, National Black ety, United Mine Workers, United Spinal As- Exceptional Children (DEC). Child Development Institute, National Cen- sociation, United States Student Association Easter Seals, Elev8 (Baltimore, Chicago, ter for Family Literacy. (USSA). New Mexico, and Oakland), Every Child Mat- National Center for Law and Economic United Steelworkers (USW), USAction, US ters Education Fund, FairTest, the National Justice, National Center on Domestic and Psychiatric Rehabilitation Association Center for Fair & Open Testing, Inc., Fami- Sexual Violence, National Coalition Against (USPRA), VillageCare, Voices for America’s lies USA, Farmworker Justice, Feminist Ma- Domestic Violence, National Coalition for Children, Voices for Progress, Wider Oppor- jority, First Focus Campaign for Children, Asian Pacific American Community Devel- tunities for Women (WOW), Women’s Insti- Food & Water Watch, Food Research & Ac- opment, National Coalition for LGBT tute for a Secure Retirement (WISER), The tion Center (FRAC), Forum for Youth In- Health, National Coalition for Literacy, Na- Woodhull Sexual Freedom Alliance, Working vestment, Foster Family-based Treatment tional Committee to Preserve Social Secu- America, YouthBuild USA, YWCA USA, Association. rity and Medicare, National Congress of ZERO TO THREE. Franciscan Action Network (FAN), Friends American Indians, The National Consumer Mr. NADLER. Mr. Speaker, I now Committee on National Legislation, Friends Voice for Quality Long-Term Care, National yield 4 minutes to the gentleman from of the Earth, Gamaliel, Generations United, Council for Community Behavioral GLSEN, Gray Panthers, Growth & Justice, Healthcare. Illinois (Mr. JACKSON). Half in Ten, Health & Disability Advocates, National Council for the Social Studies, Mr. JACKSON of Illinois. Mr. Speak- Health Care for America Now, Health GAP National Council of Jewish Women, National er, I’d like my good friend from Vir- (Global Access Project). Council of La Raza (NCLR), National Council ginia, the distinguished chairman of

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7864 CONGRESSIONAL RECORD — HOUSE November 18, 2011 the Judiciary Committee, to engage distinction between the rich and the said they favored a balanced budget me in a dialogue on a series of ques- poor is part of the fallacy and the prob- amendment to the Constitution; 72 per- tions. lem with the balanced budget amend- cent of nonwhite voters said they fa- The most important question to be ment. vored a balanced budget amendment to raised with respect to the BBA, at least We are here as representatives of the the Constitution; 79 percent of our sen- for me, and I believe most Americans, people to close profound gaps that exist ior citizens said they favored a bal- is how does the balanced budget between our constituents and the soci- anced budget amendment to the Con- amendment narrow certain gaps that ety. We’re supposed to be one America. stitution; 79 percent of those who earn are obvious in our society? We’re supposed to be all Americans. less than $50,000 a year said they favor The first gap, Mr. Chairman, is the We’re supposed to be one people, e a balanced budget amendment to the social gap between racial minorities pluribus unum, through many, one, United States Constitution. And the and the majority population. going somewhere. But what I’m hear- same is true whether you look at urban How does the balanced budget ing from the distinguished chairman is areas, suburban areas, rural areas, or amendment narrow that gap? that the gaps will not close. any geographic region of our country. I yield to the gentleman from Vir- Mr. GOODLATTE. Will the gen- Consistently, they support a balanced ginia. tleman yield? budget amendment to the Constitu- Mr. GOODLATTE. The balanced Mr. JACKSON of Illinois. I would be tion. budget amendment is fair to all be- happy to yield to the chairman. Mr. JACKSON of Illinois. Will the cause all it simply says is that for all Mr. GOODLATTE. I’m not the chair- gentleman yield? time, the people of this country want man of the Judiciary Committee; Con- Mr. GOODLATTE. I would be happy their government to live within their gressman SMITH is. But I am happy to to yield. means, not just right now, but in the be here in his stead. Mr. JACKSON of Illinois. What would future as well. Right now, we’re not Mr. JACKSON of Illinois. I would be the balanced budget amendment do for anywhere near living within our happy to yield to the gentleman con- the Chicago White Sox? I’m a South means; $1.3 trillion deficits each of the trolling time for the majority. Sider. last 3 years, all that’s being passed on Infrastructure gaps, upgrades to Mr. GOODLATTE. I don’t know. I’m to those children. roads in communities that have been a Boston Red Sox fan. We finally got Mr. JACKSON of Illinois. Respect- left behind, bridges, ports, levees, ours, but we have a ways to go. fully, Mr. Chairman, reclaiming my water and sewer systems—how does the I reserve the balance of my time. time, it does not reduce the gap be- balanced budget amendment propose to Mr. NADLER. Madam Speaker, since tween racial minorities and the major- close the infrastructure gaps that exist the gentleman has admitted that the ity population. in our society where the States them- balanced budget amendment would not My next question, there’s a gender selves have failed to do so? deliver the pennant to the White Sox gap in our society. Women earn 76 Mr. GOODLATTE. If you don’t have or the Red Sox or the Cubs, or, I sup- cents to the dollar of what men earn in the resources to pay for what you need pose, the Yankees, there’s no argument our society. because you’ve spent it on a lot of to the balanced budget amendment. How does the balanced budget other things, you’re not going to have I reserve the balance of my time. amendment close the gap between what the infrastructure. Mr. GOODLATTE. Madam Speaker, women earn in our society and what it is now my pleasure to yield 2 min- men earn in our society? b 1300 utes to the distinguished gentleman Mr. GOODLATTE. If you don’t bal- Mr. JACKSON of Illinois. Reclaiming from Illinois, who is the chief deputy ance the budget and you continue to my time, I must assume, then, there is whip and a member of the Ways and pile up enormous debt, women, chil- no goal of the balanced budget amend- Means Committee, Mr. ROSKAM. dren, minorities, all will suffer in the ment to actually close the infrastruc- Mr. ROSKAM. I thank the gentleman future because our economy will ture gap. for yielding. shrink, just like Greece’s economy is Mr. GOODLATTE. Will the gen- There’s a level of anxiety that we’re shrinking right now because they can’t tleman yield? all sensing back at home as people are meet their obligations. Mr. JACKSON of Illinois. I would be looking at Washington, DC, for solu- And to answer the gentleman’s ques- happy to yield. tions, and there are various tales that tion, I think it’s best to turn to those Mr. GOODLATTE. Absolutely there’s are going on right now in terms of people themselves. a goal of doing that, and it is the goal what the Joint Select Committee is Mr. JACKSON of Illinois. Respect- of being able to generate a growing going to be able to produce, and the fully, Mr. Chairman, reclaiming my economy that results from living with- fact of the matter is we don’t know time, the balanced budget amendment in your means and then using those what the yield is going to be of that ne- does not close the gap between women means to pay for what our society gotiation. That’s still ongoing, and we who earn 76 cents to the dollar of what needs. will be dealing with that next week. men make, because only the Federal Mr. JACKSON of Illinois. Reclaiming But we know what we can do right Government in the 50 States can close my time, it is obvious that the bal- now, Madam Speaker. We can create a the gap between what women earn in anced budget amendment does not nar- buoyancy and a sense of clarity and a our society and what men earn in our row the economic, social, gender, and sense of cohesiveness to seize upon a society. generational gap and infrastructural bipartisan moment, a moment that the How does the balanced budget gaps in our country. country came close to in 1995. It came amendment close the economic gap be- Mr. Speaker, vote down the BBA. within a whisker of passing the bal- tween the rich and the poor in our soci- Give the American people a reason to anced budget amendment and sending ety? believe that the Federal Government it out to the States. Over 70 House I yield to my friend from Virginia. can close the gaps that exist. Democrats in 1995, including several of Mr. GOODLATTE. Well, I just point- Mr. GOODLATTE. Madam Speaker, I the current leaders, voted in favor of ed out that the rich pay far, far, far yield myself 1 minute to say to the that amendment. And now here we are, more in taxes than other people do, and gentleman that the balanced budget and we have that opportunity to do the they should. But this balanced budget amendment also will not deliver a pen- same thing, although, to do it success- amendment doesn’t make any distinc- nant to the Chicago Cubs. fully. tion between how you balance it, Now, let me also say this. In talking This is not about donkeys and ele- whether it’s by increasing revenues, about those groups that the gentleman phants. This is ultimately about us whether it’s by economic growth, or is rightly concerned about how they coming together as a Congress in a whether it’s by tax increases. will do in the future, CNN asked them thoughtful way that says one thing to Mr. JACKSON of Illinois. Reclaiming what they thought of a balanced budg- the United States, and that is we can my time, the failure of this balanced et amendment to the United States govern wisely; we can govern forth- budget amendment to not make any Constitution, and 75 percent of women rightly; we can live within our means;

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7865 and we can do what the overwhelming Mr. HOYER. I thank the gentleman done it with just one party—my party majority, Madam Speaker, of what the from New York for yielding. or your party. We had two parties re- American public wants us to do, and I spoke yesterday on this issue. My sponsible, and we constrained one an- that is to balance our budget. good friend, Mr. GOODLATTE, and I have other. Then we had extraordinary I urge both sides of the aisle to shrug talked a number of times about this. growth in our economy, and that’s off the bad advice, frankly, of the In 1995, as I said yesterday, I voted what brought us a balanced budget. Democratic leadership and to come for an amendment very similar to this, But we also adopted in 1990, again in down here in a short period of time and almost exactly like it. I had a con- 1993 and in 1997—and I tell my good vote ‘‘aye.’’ fidence at that point in time that, in friend, the sponsor of this, sometimes Mr. NADLER. I continue to reserve an emergency, three-fifths of us would he voted for PAYGO and sometimes he the balance of my time. come together and vote to do that did not, and your party abandoned the Mr. GOODLATTE. Madam Speaker, which the country needed to keep it principle of paying for what you it is my pleasure to yield 2 minutes to stable and safe. bought in 2001. the gentleman from Ohio (Mr. LATTA), Regrettably, over the 16 years, I have The SPEAKER pro tempore (Mrs. a member of the House Energy and lost that confidence. I’ve lost that con- ROBY). The time of the gentleman has Commerce Committee. fidence this year, where, frankly, on expired. Mr. LATTA. I thank the gentleman the majority’s side of the aisle we Mr. NADLER. I yield the gentleman from Virginia for yielding. would not have passed a CR to keep the an additional minute. I had the privilege for 6 years of serv- government open once. We wouldn’t Mr. HOYER. As a result of aban- ing as a county commissioner in Ohio have passed it a second time; and, very doning that PAYGO responsibility, you and serving in the general assembly. frankly, had we had to rely on the could cut revenues very deeply and not During that time, we saw good times votes solely of the majority side, as we pay for them, not cut spending. It and we saw bad times in the economy. have in the past on my side, we would takes no courage, I suggest to my But in the bad times, our constitution have defaulted on our debt. friends, to cut taxes—none whatsoever. told us in the State of Ohio that we had That is not a good context in which Everybody is happy. Paying for bills is to balance our books to make sure that to adopt an amendment that puts the a lot tougher. It requires a lot more we didn’t overspend. And that’s what country at risk if three-fifths are not courage, a lot more responsibility. But this House has to do and this country available to act in an emergency. As a you jettisoned statutory PAYGO in the has to do. result, I will not vote for this amend- 2000s, and you went on a spending You know, when we look back, we ment, and I urge my colleagues to op- binge. Not only did you blow a hole in don’t have a very good track record— pose this amendment. the deficit, but you also blew a hole in over 50 years and only balanced a budg- We are engaged at this very day in an the economy, and we saw the worst job et six times during that period of time. effort to try to come to agreement on creation of any administration since That’s horrendous. how we balance the budget; and, very Herbert Hoover because the economy, It’s kind of interesting. I was at a frankly, we only need 51 percent, and 51 rightfully, was not confident that we town hall. I was talking one day, and percent is not there. would manage our finances correctly. one of my farmers came up and asked But we have balanced the budget, and What we need, ladies and gentlemen, this question. He said, I don’t under- we balanced it without an amendment. in this House is a balanced budget, not stand what the problem is in Wash- We balanced it in 1998, 1999, 2000, and a balanced budget amendment. Let us ington. He said, What’s the President 2001. And my Republican colleagues summon the courage, the will, and the want to spend?’’ And I told him it’s rightfully say, ‘‘Well, we offered those ability to work together immediately about 3.8 trillion. He said, How much budgets.’’ Yes, they did. But I will tell on this Joint Select Committee on Def- have you got? I told him what we you, I have no doubt, not a single icit Reduction, but let us do it day thought the revenue was going to be doubt, that if the surpluses that were after day after day. Then when the for the year. He said, It’s simple. All created by those budgets had been issues come before you, have the cour- you’ve got to do is subtract your reve- available in 1998 and Bill Clinton had age to either vote against spending or nues from what you want to spend, and not said save Social Security first, that to vote for the revenues to pay for that’s all you get to spend is just that what we would have done is cut reve- what all of us have wanted to buy. revenue. You don’t spend over the top nues deeply and had deficits during ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of it. those 4 years. Now, you may disagree, The SPEAKER pro tempore. The People back home understand it. Be- but I have no doubt, based upon the Chair will remind the Members that re- cause people back home sit around philosophy that I have heard since 1981 marks in debate must be addressed to their kitchen tables, their dining room from my Republican friends, that that the Chair and not to others in the sec- tables, and they get their pencils and would have been the case. ond person. papers out and they figure out how Mr. GOODLATTE. Madam Speaker, I b 1310 much they can spend. It’s not com- yield myself 1 minute to respond to the plicated. I said yesterday that what we need is distinguished minority whip and to But we’ve got to start thinking about not a balanced budget amendment, point out this chart. this because we’re in debt now $15 tril- that what we need is a balanced budg- The gentleman is quite right when he lion. And it went over this week. When et. talks about profligacy when there have I have to look at my kids’ faces and How do we get to a balanced budget? been Republican Congresses. Although, kids down the street, and when I go The gentleman from Ohio (Mr. I would point out to the gentleman into schools and talk to these young LATTA) pointed out he was a county that, when we were in the majority and children, they’re going to ask me in 10 commissioner. Now, I’ll bet as a county when we had President Bill Clinton and to 15 years, What did you do to us, not commissioner he probably had to pay when we had those four balanced budg- for us? for what he bought. He gave the anal- ets, he voted for one but not the three It’s time that this Congress acts and ogy, if you’ve got X coming in, then others. We did not cut taxes then. passes this balanced budget amend- that’s what you spend, not X plus Y. Taxes were cut after the attack on this ment. We’ve been talking about it for The fact of the matter is his party has country, on September 11, 2001, to years, and we have that opportunity spent X plus Y, plus Z, plus A, plus B, stimulate the economy, and we got today. I thank the gentleman for bring- plus C, and has run a deficit for every roundly criticized for the deficits that ing it forth. I wish I could vote for it single year they had the Presidency ran up during that time. more than once today. But we must during the last 30 years I’ve been in the Mr. HOYER. Will the gentleman pass this today. Congress—without fail. yield? Because the gentleman is not ac- Mr. NADLER. Madam Speaker, I Now, what happened to bring us a curate on that. yield 4 minutes to the distinguished balanced budget? Mr. GOODLATTE. I will yield to the whip, the gentleman from Maryland First of all, we had two parties re- gentleman from Maryland in just a (Mr. HOYER). sponsible. I don’t think we could have minute.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7866 CONGRESSIONAL RECORD — HOUSE November 18, 2011 This chart show that, in 2004, we had Tax Limitation/Balanced Budget the federal government to make important a $400 billion deficit. It was the highest Amendment. investments in worthy causes, including cru- deficit in American history, and it was The total public debt that year was cial public safety and homeland security pro- less than $5 trillion. In January of 1995, grams. Even at a time of fiscal austerity, we part of the reason we lost our majority must continue to provide for the country’s later on. Then in 2007, as the deficit I took the oath of office and then led public safety and homeland security needs. stepped down each of the interceding the debate on the Contract with Amer- Any constitutional balanced budget amend- years, the gentleman from Maryland ica balanced budget amendment. We ment would grossly undermine the ability to became the majority leader, and the actually had two votes that day—one protect the lives and well-being of Ameri- gentlewoman from California became on the Tax Limitation/Balanced Budg- cans nationwide. et Amendment, which got about 260- The nation’s fire fighters understand and the Speaker of the House—and look at support the need to reduce federal spending, what has happened to our deficits ever something votes, and then we came but passage of a constitutional balanced since. back and voted on a balanced budget budget amendment would further damage The Congress writes budgets; the amendment without the tax limitation the already weakened economy and prevent Congress doesn’t balance budgets. Both provision, and it passed and went to the federal government from making critical parties are to blame. the Senate. investments. There have been six balanced budgets The public debt that day was a little Again, I urge you to vote against any balanced budget amendment to the United in the last 50 years. In 37 of those under $8 trillion. Today, the public debt is $15 trillion—$10 trillion more States Constitution. Thank you for consid- years, Democrats only balanced it ering the views of our nation’s first respond- twice. This is a bipartisan balanced than in January of 1985 and $7 trillion ers. budget amendment that the gentleman more than in January of 1995. Sincerely, voted for once before. He should join us How many years do we have to stand HAROLD A. SCHAITBERGER, today and set the future on a different here and bemoan the fact that we need General President. track. more courage or more this or more The SPEAKER pro tempore. The that and then pile up more public debt? AARP, NOVEMBER 17, 2011. time of the gentleman has expired. The annual deficit this year, the deficit in 1 year, is more than the total DEAR REPRESENTATIVE: On behalf of our Mr. HOYER. The gentleman, I take members and other Americans who are age it, has no time to yield. Federal budget was in 1985—the total 50 and older, AARP is writing to express our Mr. GOODLATTE. I don’t. I have all budget. opposition to H.J. Res. 2, a balanced budget these speakers. I want to thank Mr. GOODLATTE for amendment to the Constitution of the Mr. NADLER. Madam Speaker, I bringing this bill forward. I want to United States. H.J. Res. 2 would subject So- yield 30 seconds to the distinguished thank the Republican leadership for cial Security and Medicare, as well as all putting it on the floor. other spending, to potentially very deep whip. cuts, without regard to the impact on the Mr. HOYER. The gentleman’s chart We owe $15 trillion, Madam Speaker, and we’re going to borrow another $1.5 health and financial security of individuals. is very interesting. He talks about vot- AARP strongly opposes proposals that can ing for budgets. trillion. Let’s stop the madness. Let’s result in arbitrary and harmful cuts to So- I didn’t agree with some of the prior- vote for this amendment and send it to cial Security and Medicare. ities in your budget; that’s accurate. the Senate. N.J. Res. 2 would prohibit outlays for a fis- He is correct that we didn’t cut taxes, Mr. NADLER. Madam Speaker, I cal year (except those for repayment of debt principal) from exceeding total receipts for but he is incorrect as to when you cut yield to the gentleman from Georgia (Mr. JOHNSON) for a unanimous consent that fiscal year. This is the equivalent of im- taxes. You cut taxes in April, months posing a constitutional cap on all spending before 9/11, and you gave away a lot of request. Mr. JOHNSON of Georgia. Madam that is equivalent to the revenues raised in money and you didn’t pay for it. You any given year. Revenues, however, fluctuate Speaker, I ask unanimous consent to didn’t cut spending in order to pay for based on many factors, including the health submit the following two documents it in your budgets that you offered. of the economy and the rate of labor partici- into the RECORD: Furthermore, what the gentleman pation. Consequently, spending would of ne- One is from the International Asso- cessity also fluctuate, and as a result, a bal- doesn’t point out is in 1993, to a person, ciation of Fire Fighters, and the other anced budget amendment would not allow you voted against a program which was is from the AARP—both of which ex- the provision of predictable Social Security designed to pay our bills—to a person. press their opposition to this ill-found- and Medicare benefits that can be reliably You said it would destroy the economy. ed measure before us, H.J. Res. 2. delivered during an individual’s retirement We had the best economy and the The SPEAKER pro tempore. Without years. Individuals who have contributed largest budget surplus that you’ve had their entire working lives to earn a predict- objection, the gentleman’s request is able benefit during their retirement would and an administration that is the only granted. administration in your lifetime that find that their retirement income and health There was no objection. care out of pocket costs would vary signifi- ended its 96 months with a surplus, Bill INTERNATIONAL ASSOCIATION cantly year to year, making planning dif- Clinton’s. OF FIRE FIGHTERS, ficult, and peace of mind impossible. Mr. GOODLATTE. Madam Speaker, I JULY 28, 2011. It is particularly inappropriate to subject am delighted to yield 2 minutes to the MEMBER OF CONGRESS, Social Security to a balanced budget amend- gentleman from Texas (Mr. BARTON), House of Representatives, ment given that Social Security is an off- the former chairman of the House En- Washington, DC. budget program that is separately funded DEAR REPRESENTATIVE, On behalf of the ergy and Commerce Committee. through its own revenue stream, including nation’s nearly 300,000 professional fire fight- significant trust fund reserves to finance (Mr. BARTON of Texas asked and ers and emergency medical personnel, I urge benefits. Imposing a cap on Social Security was given permission to revise and ex- you to oppose any balanced budget amend- outlays is unjustifiable, especially when the tend his remarks.) ment to the United States Constitution. Social Security trust funds have run a sur- Mr. BARTON of Texas. I thank the Although there is a clear need to lower the plus for decades—which have reduced the gentlelady from Alabama for her chair- long-term federal budget deficit, requiring a past need for additional government bor- manship of this historic debate, and I balanced budget through a constitutional rowing from the public—and resulted in a amendment would be disastrous for the U.S. thank the gentleman from Virginia for public debt that is less today than what it economy. During periods of economic otherwise would have been. his leadership and his willingness to downturns, the federal government’s safety- Older Americans truly understand that yield me time. net programs like unemployment insurance, budgets matter and that we all need to live Madam Speaker, in January 1985, I Medicaid, and food stamps face greater de- within our means. But they also understand held up my right hand, and I held my 2- mand right when federal receipts are in rapid that budgets impact real people; and they year-old daughter in my left hand as I decline. Requiring a balanced budget every certainly understand the difference between stood right out here in front of the po- year would force cuts to these and other im- programs to which they have made a con- dium and took the oath to be the Con- portant programs or force tax increases. Ei- tribution and earned over the course of a lifetime of work, and those they have not. gressman of the Sixth Congressional ther prescription would risk tipping a faltering economy into recession or making re- From surveys, letters, e-mails, town hall District of Texas. As soon as I was cessions worse. meetings, and numerous other interactions, sworn in, I signed my first bill and put Furthermore, any constitutional balanced we know older Americans of all political af- it right over there in the hopper—the budget amendment would limit the ability of filiations reject cuts to Social Security and

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7867 Medicare to balance the budget. We thereon these 10,000 programs is to have the from the honorable minority leader fore oppose the adoption of a balanced budg- discipline of a balanced budget amend- that this was not the right time to pass et amendment that puts Social Security and ment so that the Members of the House this amendment because somehow this Medicare at risk, and on behalf of our mil- and Members of the Senate can realize body was too partisan, too partisan to lions of members and all older Americans, we urge you to vote against H. J. Res. 2. you really can’t spend more than what pass an amendment to the Constitution If you have any questions, feel free to call you take in. that would take partisanship out of the me, or please have your staff contact Mr. NADLER. I reserve the balance equation and force us to balance the Cristina Martin Firvida of our Government of my time. budget. These are all extraordinarily Affairs office at 202–434–6194. Mr. GOODLATTE. Madam Speaker, weak arguments, Madam Speaker, and Sincerely, how much time remains on each side? they are weak because they do not go NANCY LEAMOND, The SPEAKER pro tempore. The gen- to the heart of the matter of why you Executive Vice President. tleman from Virginia has 4 minutes re- would be against this amendment. b 1320 maining, and the gentleman from New There’s only one reason to be against Mr. NADLER. I yield 30 seconds to York has 23⁄4 minutes remaining. this amendment. The only true argu- the distinguished gentleman from Mas- Mr. GOODLATTE. Madam Speaker, ment against this amendment is that sachusetts (Mr. MARKEY). at this time it is my pleasure to yield you want to continue to spend money Mr. MARKEY. We do not need a con- 11⁄2 minutes to the gentleman from Ar- that we don’t have, and there are peo- stitutional amendment. We need a kansas (Mr. WOMACK), a member of the ple in this Chamber who believe that is supercommittee congressional agree- Appropriations Committee. the way that they keep their jobs, that ment now. Mr. WOMACK. Today is payday. It’s if we continue to run up debt, that if To the Republicans: do it now. Call Friday. For a lot of people, it’s payday. we continue to spend money that we President Obama now. Tell him tax They’re going to get a check from their don’t have, that somehow back in their breaks for the billionaires, on the employer, if they’re lucky enough to district it will encourage their voters table. Tell him defense spending, on have a job. And I’m for sure for most of to send them back to this Chamber. the table. Tell him tax breaks for oil them, before ever cashing that check, Madam Speaker, I believe there are companies, on the table. The President they know exactly where it’s going. more important things than our jobs. says he’ll put the social programs on These people have likely already come There are more important things than the table. to the realization that there are a lot simply remaining a Member of Con- You don’t have to go back 200 years more needs, a lot more things they gress. More so than any amendment, to amend the Constitution. You just would like to have or do, but there’s any bill that we will take up this year, have to next week, next Wednesday just so much money. this amendment is the opportunity say, We want to do it now. We, who are I find it incredible that my friends on that we have to send a message to the here, will do it now. We will balance the other side of the aisle believe this people back home that we are willing the budget by putting all of our pro- Federal Government should not have to do what is right, that we’re willing grams on the table. to go through the same process of dis- to stand up for them and to give them Do it now. Do it now, Republicans. cerning between what they want and the opportunity to change the Con- Don’t pretend and hide behind a con- what they need and what they can af- stitution of the United States in a way stitutional amendment when you can ford, like the rest of America. In the that they see fit. do it now. You can be the Founding Fa- 10-plus months I have been here, I con- Mr. GOODLATTE. Madam Speaker, I thers of a balanced budget in 2011. sider this vote the most important vote would advise my colleague that I have Mr. GOODLATTE. Noting that the I will have cast because it’s the vote only one speaker remaining. Republicans on the supercommittee that has the most impact on the future Mr. NADLER. I yield myself the bal- have put a proposal on the table and of my grandson. ance of my time. the Democrats have not, I now yield 11⁄2 It is sad that Congress does not have Madam Speaker, since 1995, when this minutes to the gentleman from Illinois the discipline to live within its means, amendment was last on the floor, we (Mr. MANZULLO), a member of the Fi- and I strongly believe the only way to proved we could balance the budget nancial Services Committee. constrain an undisciplined Congress is without a balanced budget amendment. Mr. MANZULLO. Madam Speaker, to enshrine its obligation in the Con- But a balanced budget is not the high- there are over 10,000 Federal programs stitution. An overwhelming majority est goal. The highest goal is prosperity, and counting. No one quite knows how of Americans believe that the balanced a full employment economy; and that many there are. budget amendment, as proposed today, requires a balanced budget over the I do most of my work in Congress on is the right way forward for America. business cycle. It requires that in good manufacturing; and for 12 years, I’ve I thank my friend from Virginia for times we have a surplus and pay down been working on a chart to identify his leadership on the issue, and I urge the deficit. But then in recessions, you every agency, every bureau that is in- its passage. should have a deficit to spur the econ- volved somehow in manufacturing. And Mr. NADLER. I continue to reserve omy; you should spend money to spur it continues to grow and grow and the balance of my time. the economy to get out of the reces- grow. And my objective was to find a Mr. GOODLATTE. Madam Speaker, I sion. To try to balance the budget by way with a common portal to be able am pleased to yield 11⁄2 minutes to the cutting spending during a recession is to access via the Internet exactly gentleman from South Carolina (Mr. to increase unemployment, is to guar- what’s going on, but it’s impossible. MULVANEY), a member of the House antee that every recession becomes a And that’s the problem with this gov- Budget Committee. depression. Just look at what’s hap- ernment. People run to Congress and Mr. MULVANEY. Madam Speaker, I pening in Germany, which was in pret- say, I have got a program for this and have enjoyed sitting here listening to ty good shape until they elected a gov- for that. the arguments against this amend- ernment that enacted austerity to try Well, you know what, it’s time to ment. They range from the bizarre to to balance the budget. Their economy start eliminating programs around the completely incredible. We’ve heard is tanking. The same thing in Great here. It’s time to just keep those pro- it’s not 1985. I wish it were and that the Britain. grams that are absolutely necessary, deficit were only $5 trillion. Imagine The second point I want to make is and the best way to do that is to have what the world would have been like if that when we talk about balanced the fiscal restraint imposed by a bal- we could have accomplished this 15 budgets in the States, they have a sep- anced budget amendment. No longer is years ago. arate budget for operating expenses it a matter of going to the backroom I have heard that we don’t need this and for capital budgets. Here, this bal- and simply printing money to cover amendment to do our job against the anced budget amendment would say we this program or that program. We need backdrop of only being able to do it should never borrow money for any- to come to the realization that Wash- four times in the last 50 years. That ar- thing; the Federal Government should ington doesn’t have the answer for ev- gument simply does not pass the laugh never borrow money. That’s insanity erything. And the best way to cut back test. I heard just a few moments ago economically. It means we have no

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7868 CONGRESSIONAL RECORD — HOUSE November 18, 2011 money for our bridges, roads, high- something that will require that future relation to whether future budgets are bal- ways, et cetera. Congresses balance the budget. anced; increases in the debt ceiling reflect Third, this amendment would say if I urge my colleagues to join us in past decisions on fiscal policy. we couldn’t reach agreement, if we this matter, and I yield back the bal- Some have argued that this Amendment didn’t pass the balanced budget, the ance of my time. would have put the federal government in the courts would have to decide whether to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE same position as state governments and increase taxes and, if so, which taxes, The SPEAKER pro tempore. The households, which balance their budgets. And or cut programs, and in such a case, Chair would ask Members not to traffic while many states are required to balance which programs. We should not be giv- the well when another Member is under their operating budgets, they still can and do ing the courts the power to make such recognition. borrow for capital projects. Likewise, families decisions. Mr. VAN HOLLEN. Madam Speaker, Demo- regularly do not balance their budgets on an Finally, Social Security, Medicare, crats remain committed to responsibly putting annual basis; a 30-year home mortgage or a these are not debts. They’re obliga- the budget on a fiscally sustainable path student loan are both examples of ways fami- tions of the Federal Government. A through a balanced approach that includes lies can responsibly take on debt and pay it balanced budget amendment would put both spending and revenue. But the Repub- back over time. By requiring the federal gov- them at risk. We would have to cut So- lican Constitutional amendment defeated on ernment to balance spending and receipts cial Security, cut Medicare, cut all the House floor today was not the answer. It each year—regardless of the country’s eco- these things if we passed a balanced could have dire consequences for the econ- nomic circumstance or the need for immediate budget amendment. And if we’re un- omy, on needed services to seniors and oth- resources—the Amendment would have pro- willing, as our colleagues on the other ers, and on the government’s ability to quickly hibited the nation from making necessary inside are, raise taxes on the rich. The and appropriately respond to changing needs. vestments. fact is taxes on the rich are much less This Constitutional amendment would have This Constitutional amendment was not a than they’ve ever been, which is the made it easier to cut Social Security or Medi- responsible budget plan. It did not make any basic cause of the deficits that we’re care than to cut corporate tax loopholes or of the hard choices necessary to fix our fiscal running now. eliminate tax breaks for millionaires. It required and economic crisis. Instead, it would have The balanced budget amendment a roll call vote by the majority of the whole enshrined in the Constitution a fixed budgetary would not balance the budget. You number of each House—218 votes in the goal without providing guidance on how to would still have a stalemate between House regardless of how many Members are reach it or how to enforce it. The Amendment Republicans, who want no taxes on the absent—to raise revenue, but allowed spend- could send budget decisions to the courts, rich and want draconian cuts on lowering cuts with a simple majority vote of those tying up federal budgeting and transferring the and middle-income programs, and present. Why should there be a different power to make the laws from Congress to the those on our side of the aisle who dis- standard for cutting Social Security benefits federal judiciary. If cases were filed arguing agree on them. If you can’t reach than for cutting even a dime of special interest that the budget is not balanced, court involve- agreement on those things now in the tax breaks? ment could lead to shutting down all federal supercommittee, what makes you The disparity clearly highlighted that this operations—even emergency services. think you would reach agreement just Amendment was not actually about balancing The Constitution provides broad guarantees because you had a requirement on the the budget, but rather about establishing a for citizens, but is not designed to implement books that said you should? It would constitutionally mandated path to impose the particular policies. Congress must confront the end up in court. Republican budget priorities. In fact, the difficult choices before it. Passing the Amend- Amendment would have required even deeper ment may make for good theater, but it is sim- b 1330 cuts than the House Republican budget reso- ply a device for pretending we are doing The balanced budget amendment is lution, which never reached balance. The Re- something while ducking difficult choices. In- simply a sop to be able to say we are publican budget ran $1.6 trillion in deficits from stead, we are working hard now to responsibly doing something about a balanced 2018 through 2021, when this Amendment put the budget on a sustainable path, and that budget when we are, in fact, unwilling could have been in effect. is the right thing to do. to make the tough decisions that This Constitutional amendment would have Mr. HOLT. Madam Speaker, the right ques- could, in fact, balance the budget. We jeopardized Social Security and Medicare ben- tion to ask is not, ‘‘How can Congress create showed, during the Clinton administra- efits, veterans’ benefits, and all other guaran- the political will necessary to balance our tion, that those decisions could be tees to our citizens by limiting annual spend- budget?’’ The right questions to ask are, made. And if we really want to balance ing to that year’s receipts. Regardless of ‘‘What is the right budget to enable a vigorous the budget, we have to undo most of whether the country has brought in receipts economy?’’ And that is not necessarily a the Bush tax cuts, we have to stop vot- over many years, saving to cover upcoming budget in exact numerical equality between in- ing for wars that we don’t pay for, and obligations—and regardless of the retirement come and outgo. And, second, ‘‘How has we have to really balance the budget, guarantee made to our seniors who contrib- America balanced its budget in the past?’’ not pass an amendment. uted to the Social Security trust fund through- Madam Speaker, I took great personal satis- I yield back the balance of my time. out their working years—this Amendment faction during my first term as a member of Mr. GOODLATTE. Madam Speaker, I would not have let us make those payments this body in voting for and helping to achieve yield myself the balance of my time. unless we had an equal amount of receipts America’s first balanced budget in a genera- The gentleman from New York and I coming in that year. tion. It was not easy to attain. Those members agree on one thing: Prosperity is the The Constitutional amendment also would of Congress, myself included, who believe in goal. And this is not a pathway to pros- have deprived Congress of the flexibility to ad- fiscal responsibility and budgetary discipline, perity. Fifty years with six balanced dress national needs and economic emer- had to make tough choices and cast difficult budgets is a pathway that has led to a gencies by limiting spending to the level of votes in order to put the federal government’s $15 trillion debt that we have right that year’s receipts. For example, during a re- fiscal house in order. The White House and now. That’s not prosperity. The largest cession the Amendment would have required Congress can balance the federal budget with- debtor nation on Earth is not pros- spending cuts or tax increases at the very out a constitutional amendment. perity. $50,000 per American citizen in time the country required additional spending We needed two things: sufficient income debt is not prosperity. And the $60 tril- or tax cuts to provide needed help and to and no unnecessary spending. A revenue lion in future obligations that we have boost the economy. Even in the face of a nat- base made balancing the budget possible. We yielding this result is definitely not ural disaster there was no emergency exemp- also had a recognition that a vibrant economy prosperity for our children and grand- tion to allow immediate extra assistance. produces more revenue than an economy in a children. This year has illustrated the economic con- recession. That is why we need the discipline sequences of risking default on the nation’s That, Madam Speaker, is what is lacking that a balanced budget amendment to obligations, yet the Constitutional amendment today—not the political will, but the economic the Constitution provides. That is why would have made default more likely by in- fundamentals. America’s revenue base was this is a bipartisan vote. That is why creasing the difficulty of raising the debt limit decimated by the Bush tax cuts, which gave dozens of Democrats will join us today by requiring a 3/5th supermajority vote. In fact, away hundreds of billions of dollars to the in enshrining in our Constitution the need to raise the debt ceiling has no cor- most fortunate Americans while doing little to

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7869 help middle-class families. And America’s ficult decisions to cut wasteful spending, con- Let me close by saying that to have a economy has been devastated by the financial solidate duplicative programs, and reign in the strong national defense we must have a crisis, which has diminished the federal gov- excesses of recent years. We have reduced strong robust economy. ernment’s revenue base and required us to excessive spending and passed a responsible Mr. THORNBERRY. Madam Speaker, it spend money to sustain the social safety net budget resolution. We have brought our bills would be a mistake to believe that a Balanced and to create jobs. to the floor under regular order—in contrast to Budget Amendment to the Constitution will Madam Speaker, if America truly wants to recent years. Every Member on the Com- solve all of our fiscal woes. There are no return to the era of balanced budgets, we mittee and in the entire House has had the magic answers to what ails us. Fiscal dis- don’t need a misguided and destructive con- opportunity to make their voices heard and cipline and common sense applied day-by- stitutional amendment. What America needs is offer their amendments. In fact, we have con- day, year-by-year are required. to invest in those things that allow and help sidered almost 500 amendments to appropria- A Balanced Budget Amendment to the Con- our people to be productive—education, re- tions bills just this year. stitution would, however, help impose the dis- search, health care, and things that help the I am proud to say that the House has made cipline needed on the taxing and spending de- wheels of commerce turn, like banking and real progress towards fiscal responsibility. Un- cisions of the federal government. It would be trading regulations, environmental protection, fortunately, much of our budget process has a very significant step—perhaps one of the and freer migration of talented people. We become dysfunctional. most significant we could take—in repairing need the wealthiest Americans and our We are stuck with a Senate that has been our fiscal house. wealthiest corporations to pay their fair share unwilling to do their part. It has been more It forces Congress and the President to of the cost of running this nation. And we than two and a half years since they have make choices. If new spending is proposed, need to act with urgency and compassion to completed the basic task of passing a budget. other spending must be cut or some other way put to work the 25 million Americans who are Under this President, spending has sky- to finance the new program must be found. out of work or underemployed. We need to rocketed to consume more than 25 percent of A basic principle for individuals, businesses, create jobs in the short-term to stop the dam- the economy. Since 2008, annual spending and other organizations is that one should not age to our long-term economy. has jumped by close to $1 trillion. The Presi- spend more than one has to spend, except in Madam Speaker, our history of amending dent’s budget proposed to keep the spending extraordinary circumstances. That is common the Constitution has been about the enhance- going for the next decade, with spending sense. Yet, for too long, that principle has ment of individual rights or the correction of growing from its historical average of 18 per- been commonly absent from Washington. This fundamental structural flaws in the federal cent to 24 percent of GDP in 2021. vote on this Amendment is our opportunity to government. Politics—not a structural flaw— We have mandatory spending that is spi- apply this basic idea to the federal govern- created our current deficit problem, and polit- raling out of control. ment. We should do it now. ical compromise can fix it. We must be com- For the first time in America’s proud history, Mr. POSEY. Madam Speaker, nearly every mitted to reaching the political compromises our credit rating was downgraded because we State in the union is required to balance its that are necessary in order to exercise fiscal have been unable to come to an enforceable budget each year, including my home State of responsibility and balance budgets consist- agreement on how to bring our debt under Florida. Our counties, cities, school boards ently. control. and special districts are all required to make Madam Speaker, a balanced budget I have come to believe that the only guaran- financially responsible decisions with the hard- amendment is nothing more than a fine exam- teed way to bring spending under control is to earned tax dollars of Florida’s working families ple of political theater. We will debate this pass this Balanced Budget Amendment. The and small businesses. amendment for hours, but without any chance only way to get the entire Congress and the It is long past due for Washington to do the to amend it or consider any alternatives. The President to consistently agree on a fiscally same, which is why the Balanced Budget majority is putting the bill on the floor under a responsible budget is to amend the Constitu- Amendment to the U.S. Constitution is one of procedure normally reserved for non-con- tion to require it to happen. It is a common the first bills I cosponsored as a new Member troversial measures, despite the very con- sense proposal that has widespread support. of Congress in 2009. troversial nature of this flawed constitutional In 2009, I asked every voter in my district For 235 years, the United States has been amendment. It is bad policy that will not bring how they felt about requiring a balanced budg- the greatest economic success story the world us any closer to solving our budget problems, et and 79.64 percent of the more than 32,000 has ever known. Yet, the most significant and I urge my colleagues to oppose it here who responded to my survey said that they threat ever to our continued success is our un- today. support it. precedented and rapidly growing national Mr. YOUNG of Florida. Madam Speaker, I The National Federation of Independent debt. From 1776 to 2008, Washington accu- rise in support of this Balanced Budget Businesses recently asked small business mulated a debt of $10.6 trillion. Yet in just the Amendment. owners in my district if they support the Bal- last 3 years alone, another $4.4 trillion in debt I have always been hesitant to support anced Budget Amendment and 78 percent re- has been added for a grand total of $15 trillion changes to our Constitution. It is the most sig- sponded that they do. and counting. nificant document in our Nation’s history and I National polls point to more overwhelming Washington doesn’t just have a spending am reminded of its guiding principals by the support. After all, families and small busi- problem. It has an insatiable addiction to copy I carry with me each day. nesses across the country have to sit down spending money it does not have and it is Truthfully, I wish this step had not become and balance their own budgets, just as our threatening our children’s future. The Chair- so necessary. A simple majority of us in the state of Florida must. Why can’t the federal man of the Joint Chiefs of Staff called it the House, working with the Senate and the Presi- government do the same? greatest threat to our Nation. dent have the ability to balance our budget America has a spending problem. Just on The last time the House voted on and without this Amendment. Wednesday our national debt topped $15 tril- passed a Balanced Budget Amendment to the It has been done before. I have been hon- lion. We are borrowing 43 cents for every dol- Constitution—back in 1997—the national debt ored to serve in this House for the last 41 lar we spend. This year gross interest pay- stood at $5.4 trillion. That year the Balanced years. During this time, we have managed to ments on the debt reached $466 billion. Every Budget Amendment fell just ONE VOTE short balance our budget twice, and both times oc- one of our children and our grandchildren al- of passage in the Senate. It’s something I like curred during my tenure as Chairman of the ready owes more than $46,000 to our credi- to call ‘‘The Ten Trillion Dollar Vote.’’ House Appropriations Committee. tors. So, you might ask: How do these gigantic The way we balanced the budget then was We owe it to the next generation to leave numbers relate to the American taxpayer? Be- by making the hard, but necessary choices. them a better country and a better future, as cause of Washington’s failure to control The Appropriations Committee had to say no those who came before us did. It is essential spending, each and every taxpayer’s share of to many funding requests. It was not always that we change the culture of spending in the debt amounts to $130,000. It gets worse. easy and I was not always the most popular Washington and restore fiscal sanity to our On our current path, the non-partisan Con- person around here. But we had to do the federal budget. It is crucial to the future of our gressional Budget Office estimates the na- right thing for the country and we did it as a Nation that we solve this debt problem, be- tional debt will reach $23 TRILLION in 2015. Republican House working with a Democrat cause if we don’t, I hate to think what might That’s $200,000 in debt per taxpayer. This President. happen to our economy, what might happen to must change. In this Congress, the House and the House our currency, and what might happen to our The American people were promised in Appropriations Committee have made the dif- standing in the world. 1997 that Washington would balance the

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7870 CONGRESSIONAL RECORD — HOUSE November 18, 2011 budget without a Balanced Budget Amend- heed his wise words and pass this balanced That is why I, along with leading economists ment. Given what we now know, it’s ridiculous budget amendment. and Nobel laureates in economics, strongly to believe that Washington will balance the Mr. HASTINGS of Washington. Madam oppose this radical and debilitating method for budget and begin paying down the debt with- Speaker, I rise today in strong support of H.J. addressing our budget woes. out the requirement of a Balanced Budget Res. 2, which would require the Federal Gov- My republican colleagues have already had Amendment. ernment to do what American families do countless opportunities in this Congress to Future generations of Americans deserve to every day—balance our budget. work with us to develop a tangible plan to re- live with the same opportunities we have had. One of the first votes I cast in Congress duce the deficit and fix this economy. In fact, Burdening them with this unprecedented debt was in support of the Balanced Budget Republicans have voted seventeen times load is immoral and unthinkable. Only by Amendment. That was in 1995 when the Fed- against Democratic proposals or efforts to sim- passing a Balanced Budget Amendment can eral deficit was $4.9 trillion—a level that I con- ply consider proposals to create or protect we eliminate their greatest threat to success sidered unacceptable to pass on to our chil- American jobs. and guarantee them the same opportunities dren and grandchildren. And we came so Fervent calls for a balanced budget make that we have had. close, Madam Speaker. The Balanced Budget for great political talking points. However, it I urge my colleagues to support the Bal- Amendment passed by a two-thirds majority in makes little to no practical sense to stymie this anced Budget Amendment and set our Nation the House. government indefinitely in its ability to borrow on a more financially responsible and stable This included 72 Democrats. Many of my reasonable amounts of money to make smart course. colleagues from the other side of the aisle that investments in infrastructure, public services, Mr. WOLF. Madam Speaker, I rise today to I see here today stood with us to do what is and education. Nobody in this Congress or support H.J. Res. 2, which is a common best for the future of our country. across the country is claiming that there is sense, balanced budget amendment to the We came just one vote shy of passing it in anything reasonable about borrowing fifteen U.S. Constitution. I am proud to join my friend the Senate, and have paid for this failure trillion dollars. However, what some of my col- from the Shenandoah Valley, BOB GOODLATTE, every day since, Madam Speaker. It has been leagues and I are going even further to say is as a cosponsor of his legislation and I thank 16 years and over 10 trillion dollars more in that it is unreasonable to make severe cuts to him for his work in bringing it to the floor for debt since I voted for the Balanced Budget vital programs that benefit the majority of a vote. Amendment. Americans at a time when this type of invest- I have long supported this legislation be- The Federal deficit was unacceptable then, ment is needed the most. cause I believe Washington must live within its and it is unconscionable today—growing an in- Even ignoring all of these points, a bal- limits when spending the hard earned money credible $1.6 billion per day. anced-budget amendment would not even of the American taxpayers. This balanced This has led us to where we are today—fac- take effect in time to address the budget prob- budget amendment is one of the necessary ing a $15 trillion dollar debt that leaves future lems that Americans are experiencing today. steps we must take in order to address our generations in even greater jeopardy and is In fact, if ratified by three-quarters of the Nation’s crushing fiscal obligations. That is causing serious harm to our economy. States, the amendment would not take effect why I have consistently voted for a balanced Former Joint Chiefs of Staff Admiral Mike until the second fiscal year beginning after budget amendment every time it has come be- Mullen recently said that the greatest threat to ratification, or the first fiscal year beginning fore the House—in 1982, 1990, 1992, 1994 our country is not Al-Qaeda—it is our national December 31, 2016, whichever is later. and 1995. debt. The economic problems we are experi- The national debt is over $15 trillion, annual It is threatening our economy, our standard encing are a very real threat today. Ignoring deficits are over $1 trillion and we are looking of living, and our very way of life. all of the fundamental problems with this at unfunded obligations and liabilities of $62 Madam Speaker, just think of how different amendment, it does nothing to address the trillion. I am concerned that if we don’t deal our country would be if we had succeeded in problems we are having today. Americans are with this crushing burden now it could lead to 1995. hurting today and we must do what we can another downgrade of our Nation’s credit rat- It seems like such a simple concept—only today to address these problems. The Bal- ing. This could make credit, from car loans to spending as much as we take in. anced-Budget Amendment to our Constitution mortgage loans to college loans, more difficult This is our chance to make history. Let’s not is not the right solution. and expensive to obtain. Everything must be force future generations to look back and see This country is at a crossroad. I am not talk- on the table for consideration—all entitlement how Congress once again failed to change the ing about finances or the economy. I am talk- spending, all domestic discretionary spending, course of American history and get our econ- ing about a fundamental crossroads in beliefs including defense spending, and tax policy— omy back on track. that will affect generations after generations to particularly reforms to make the tax code sim- As a grandfather, Madam Speaker, I strong- come. This debate we are having today goes pler and fairer and free from special interest ly urge all of my colleagues, regardless of powell beyond the national debt. It is about the earmarks. litical affiliation, to stand up for the future of fundamental beliefs whether or not we want That is why I have supported every serious our country and join me in voting for this vital government to provide the vast amounts of effort to resolve this crisis: the Bowles-Simp- resolution. public services we enjoy today or to rely on son recommendations, the ‘‘Gang of Six’’ ef- Ms. EDDIE BERNICE JOHNSON of Texas. for-profit private entities to provide those serv- fort, the ‘‘Cut, Cap and Balance’’ bill, and the Madam Speaker, I rise in opposition of the ices to us on a for-profit basis. Budget Control Act. None of these solutions proposed Balanced-Budget Amendment to the This amendment would force us to shrink were perfect, but they all took the steps nec- U.S. Constitution. government to impractical levels, paving the essary to rebuild and protect our economy. I The constitutional balanced budget amend- way for severely reduced public services, very also joined a bipartisan group of 102 of my ment we are debating this week could force little oversight in the way private entities pro- colleagues in sending the enclosed letter to Congress to indiscriminately cut all programs vide goods and services, and free reign for the Joint Select Committee on Deficit Reduc- by an average of 17.3 percent by 2018. Ac- businesses to operate with the sole purpose in tion to ‘‘go big’’ and identify $4 trillion in sav- cording to the Center on Budget and Policy mind of making a profit. ings through spending cuts and tax reform in Priorities, if revenues are not raised and all Madam Speaker, I strongly oppose this Bal- its proposal due later this month. programs are cut by the same percentage, anced-Budget Amendment that is being con- A balanced budget amendment to the Con- Social Security would be cut $184 billion in sidered by the House. I implore my colleagues stitution is but one tool to get our fiscal house 2018 alone and almost $1.2 trillion through to see reason and oppose this measure that in order. This balanced budget amendment 2021; Medicare would be cut $117 billion in is before us today. It is a radical measure that would establish critical institutional reforms 2018 and about $750 billion through 2021; would prove catastrophic for this country for that would ensure that the Federal Govern- and Medicaid and the Children’s Health Insur- generations to come. ment lives within its means. We must reduce ance Program (CHIP) would be cut $80 billion Mr. BLUMENAUER. Madam Speaker, I op- the deficit and pay down the debt to ensure in 2018 and about $500 billion through 2021. pose this amendment to our Constitution that that we have the ability to support the critical I am also concerned the measure adds arbi- purports to balance our nation’s budget, but programs that citizens expect the government trary caps on Federal spending that achieves instead serves merely as an excuse for Con- to provide. nothing but to cripple this government’s ability gress to avoid the real responsibilities of gov- In his Farewell Address, George Wash- to jumpstart the economy, make the important erning. When the balanced budget amend- ington instructed the Congress to use the pub- investments to secure our future, and ulti- ment freight train was moving through Con- lic credit as sparingly as possible. We should mately put Americans back to work. gress in 1995 and a number of people piled

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7871 on, it passed in the House overwhelmingly, straint was lost, our nation’s wealth was given match receipts—except for revenues derived but it failed in the Senate by one vote. The away, deficits skyrocketed, and their tax cut from borrowing and outlays of interest pay- only Republican who voted no was Senator and spending policies drive our deficit to this ments on the national debt. In other words, Mark Hatfield. As Chairman of the Appropria- day. carrying the national debt does not count. This tions Committee, he was visited repeatedly by A balanced budget amendment is a phony is not a balanced budget, as payment of the some of the most ardent proponents of a ‘‘bal- solution. Instead, members of Congress must debt will require trillions in spending on inter- anced budget,’’ asking him for special treat- stand up and work together to provide a bal- est for decades to come. Even under the dra- ment so that they might spend more money in ance of increased revenues and sensible conian Republican budget plan adopted earlier their home states. Senator Hatfield recognized spending cuts. Doing otherwise merely avoids this year by the House, the budget, with all its that, in his words, a vote for a balanced budg- our responsibilities and is an insult to the peo- harsh cuts to Medicare, Medicaid and Social et amendment is, ‘‘not a vote for a balanced ple who sent us to represent them in Con- Security, would not approach being truly bal- budget, it is a vote for a fig leaf.’’ gress. anced until the 2030s or later. The House Re- Amending the Constitution to require a bal- Mr. WAXMAN. Madam Speaker, I am unal- publicans may want the American people to anced budget is an irresponsible approach to terably opposed to this proposed Constitu- think this is a vote on a balanced budget con- fiscal discipline. It does not balance the budg- tional amendment. President Obama stated it stitutional amendment. What they are not tell- et; instead, it would restrict the government’s succinctly earlier this year: ‘‘We won’t need a ing you up front is that the United States ability to provide for the common welfare, to constitutional amendment to do our job.’’ He is budget will be in deficit for decades even if respond to economic crises and natural disas- right. President Clinton and Congress enjoyed this becomes part of the Constitution. The ters, and to invest in America. Under a bal- balanced budgets in 1998, 1999, 2000 and American people should not be fooled. anced budget amendment, recessions would 2001. The proponents of this deeply flawed Fifth, this amendment will gravely injure our be longer and deeper because Congress and highly dangerous tampering with our Con- seniors, and those who rely on Medicare and would be forced to raise taxes, cut spending, stitution are dead wrong. All that is needed is Medicaid. This amendment will require cuts at or both in order to meet the constitutional the responsible exercise of choices about our least as harsh as those rammed through the mandate. This flies in the face of sound eco- budget. House by the Republicans earlier this year. nomic policy. If the balanced budget amend- This proposed constitutional amendment This will mean the end of Medicare as we ment were in effect today, it would throw 15 fails on several counts: know it, and it will be devastating for Medicare million more people out of work, double the First and foremost, the proposed amend- beneficiaries. The Congressional Budget Of- unemployment rate, and slash our economy ment does not pass the truth in labeling test. fice concluded that the Republican budget, by by 17 percent. There is nothing in it that requires Congress, privatizing Medicare, will more than double It would also require devastating cuts to crit- under any and all conditions, to pass a bal- beneficiary costs for new enrollees. The aver- ical programs like Social Security, Medicare, anced budget. Under the voting procedures age senior will face increased costs of over and veteran’s benefits. No program would be that are established, Congress can pass an $6,000 annually when the program begins. spared: education, job training, natural re- unbalanced budget. And all of that extra spending by seniors and sources, environmental and financial protec- Second, there is a dangerous tampering people with disabilities will go to private health tion, and transportation would all suffer under with the fundamental principle of majority rule insurance plans. The transfer of seniors into spending cuts. Yet a balanced budget amend- in the House of Representatives. Today, the private plans will raise costs by over $11,000 ment would do nothing for the corporate tax majority rules in votes on the budget. Under per beneficiary by 2030. To add insult to in- loopholes and benefits for the wealthy that this proposed constitutional amendment, it will jury, the Republican budget reopens the donut cost taxpayers billions of dollars. require a three-fifths (60%) vote of the House hole under the Part D prescription drug ben- A balanced budget amendment limits the to pass a budget that is not in balance. The efit, increasing the burden on seniors within 5 government’s response to natural disasters. last thing the United States House of Rep- years. This year alone, our country has experienced resentatives needs is to become more like the For Medicaid, the Republican budget ap- flooding, tornadoes, hurricanes and earth- United States Senate in its rules for voting on proved by the House was even worse. Med- quakes that have taken hundreds of lives and legislation. We need coherence, not paralysis. icaid accounts for 43% of total long term care caused billions of dollars in damage. Our com- We elect a President with a majority of the spending in the U.S. But the Republican budg- munities need immediate support to help Electoral College. We should certainly be per- et cuts Medicaid in half by 2022, and turns it those who are injured and without a home, mitted to pass a budget through a simple ma- into a block grant for the states. Moreover, by and to help clean up the devastation. A bal- jority vote in the House of Representatives— cutting reimbursement rates, Medicaid will lose anced budget amendment would tie the gov- just as we do today. That’s democracy. This health providers. At least 18 million people will ernment’s hands by requiring the slow machin- proposed constitutional amendment is un- be cut off from access to Medicaid. There will ery of Congress to act before relief could be democratic. be a loss of quality and staffing in nursing given to suffering families. Third, this amendment, by requiring a three- homes—which means job losses in the health A popular argument in favor of a balanced fifths vote in the House to approve any in- professions—as well as cuts to programs that budget amendment is that families across the crease in the public debt limit, guarantees an provide in-home services to keep seniors inde- country must live within their means, and thus, annual repeat of the debacle we experienced pendent. so should Congress. But few families paid this summer. Our debt goes up—or down— There are other deep flaws in this proposal. cash for their home. And few students paid based on spending and tax decisions pre- The amendment puts our ability to respond to cash for their college education. Families in viously taken by Congress. The debt that ex- national crisis in a straightjacket. Section 5 of Oregon borrow money for important invest- ists is simply an expression of spending and the proposed amendment permits an absolute ments that will build their lifetime wealth and tax bills already enacted into law. Increasing majority of the House to vote to waive the bal- improve the quality of their lives. Congress the public debt should therefore be a simple, anced budget requirement if we are at war. must be able to make similar investments to technical legislative act. By imposing a super- But if we face an economic emergency—like rebuild and renew America—shoring up the majority requirement on any increase in the we do today—the balanced budget require- country’s crumbling infrastructure, repairing public debt, this guarantees that we will face ment can only be waived by a three-fifths vote our dilapidated schools, and creating the en- a recurring risk of default on the full faith and of the House. The economic crisis we face ergy resources that will drive the future of our credit of the United States. This summer, we today is at least as significant as the Iraq economy. saw fear spread in households across Amer- war—but this amendment would make it hard- Balancing the budget does not require a ica, and havoc in markets worldwide, out of er to respond to recession and unemployment. constitutional amendment. It requires courage grave concern over what a default would Also troubling is the prospect that the courts and compromise. mean. This amendment would cement such will become involved in budgets passed by After Senator Hatfield courageously voted instability into the Constitution itself. To per- Congress. By placing the budget under a spe- no on the balanced budget amendment in petuate uncertainty over whether the United cific constitutional amendment, it is likely that 1995, Congress in fact was able to move for- States will default on its obligation is dan- the courts could be asked to rule on whether ward to rein in spending and raise an appro- gerous and irresponsible. a budget, as passed, complies with the re- priate level of revenue that balanced the budg- Fourth, this so-called balance budget quirements of the constitutional amendment. Is et for four consecutive years. Unfortunately, amendment is, at its heart, a fraud. Section 7 it really balanced? If this amendment is when Republicans took control of Congress of the proposed amendment provides that the passed, we head down a dangerous legal and the Bush administration took power, re- budget is deemed in balance when outlays road.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7872 CONGRESSIONAL RECORD — HOUSE November 18, 2011 Madam Speaker, this week, 273 organiza- being responsible with the American people’s causes of our country’s economic hardships, tions representing health, welfare, labor, public hard earned money, it is time we put in place not passing pointless message pieces to sat- advocacy and community groups across the these limitations on spending. A Balanced isfy the Republican base that fail to get Ameri- Nation, have written to the Congress to insist Budget Amendment would finally force us to cans back to work. that we reject this balanced budget constitu- make tough decisions about how we spend In fact, if we amend our Constitution in the tional amendment. Their letter states: our money. This is not a silver bullet; however, way that H.J. Res. 2 proposes, it will wreak A balanced budget constitutional amend- it is an important step in controlling spending havoc on our economy. If enacted in Fiscal ment would damage the economy, not and restoring confidence among the American Year 2012, this Balanced Budget Amendment strengthen it. Demanding that policymakers people. I strongly support passage of this im- would cost 15 million people their jobs, double cut spending and/or raise taxes, even when portant legislation, and urge my colleagues to our unemployment rate to 18%, and cause our the economy slows, is the opposite of what is support the bill. economy to shrink by 17%. As Bruce Bartlett, needed to stabilize a weak economy and avert recessions. Such steps would risk tip- Mr. JACKSON of Illinois. Madam Speaker, I former advisor to President Ronald Reagan, ping a faltering economy into recession or rise in strong opposition to H.J. Res. 2—the correctly points out, rapidly cutting spending to worsening an ongoing downturn, costing Balanced Budget Amendment. balance our budget would throw our country large numbers of jobs while blocking worthy We do need to responsibly reduce our into a recession. investments to stimulate jobs and growth budget deficits and debt, but the best way to This Balanced Budget Amendment would and address the nation’s urgent needs in in- do that is by investing, building and growing harm our middle class, seniors, and veterans frastructure and other areas . . . our economy—or through balanced economic at a time when they are most vulnerable. This A balanced budget amendment has no growth—not a Balanced Budget Amendment. amendment could force Congress to cut all place in the Constitution of the United States. Our Constitution has served the na- What is the most important question to be programs by 17% by 2018. Furthermore, it tion well because it represents enduring raised with respect to the BBA? would cut Social Security by $1.2 trillion, Medi- principles that are the foundations of our We have serious gaps in our society that care by $750 billion, and veterans’ benefits by government. It should not be used as a sub- need to be narrowed: Economic gaps between $85 billion through 2021. stitute for real leadership on fiscal policy. the rich and the poor—ask the 99%; social Proponents are suggesting this is a simple We do not need a constitutional amendment gaps between racial minorities and the major- balanced budget amendment, but it is not. In- to balance the budget. We do not need to turn ity population; gender gaps—women earn 76 stead, H.J. Res. 2 would enshrine in our Con- the House into the Senate. We do not need to cents of what men earn; generational gaps— stitution a requirement that Congress would impose inhumane cuts on the most vulnerable will Social Security be there for the next gen- need a three-fifths supermajority vote to raise in our society. And we do not need to ruin the eration?; and infrastructure gaps—upgrades to the debt ceiling. This would make permanent fabric of the Constitution of the United States roads, bridges, ports, levees, water and sewer the dysfunction we witnessed this summer, of America. systems, high speed rail, airports and more in which created chaos in our financial markets Mr. SENSENBRENNER. Madam Speaker, I order to remain competitive in the world mar- and nearly unleashed a catastrophic default, rise today in strong support of H.J. Res. 2, ketplace. and raise the likelihood that our country would which proposes a Balanced Budget Amend- So the most important question is this: How default on its debts. ment to the Constitution. It’s time to tighten does the BBA narrow these economic, social, Madam Speaker, this Constitutional Amend- the nation’s purse strings and keep Wash- gender, generational and infrastructure gaps? ment is not only bad for our country, but it is ington from spending more than we can af- It won’t! It will exacerbate them! entirely unnecessary. If we want to balance ford. The BBA will permanently establish the our budget, we should instead allow the Bush For too long Congress and the President, United States as a ‘‘separate and unequal’’ Tax Cuts sunset, and bring our wars in Af- on a bipartisan basis, have let down the Amer- society! ghanistan and Iraq to an end. This would cut ican people in our unwillingness and inability The BBA will balance the federal budget on $5 trillion in spending and leave our country to be responsible with our nation’s finances. the backs of the poor, the working class and on sounder financial footing without harming We have spent too much, borrowed too much, the middle class. our economic growth and our most vulnerable and have failed to face the fact that we can no The Center on Budget and Policy Priorities citizens. longer continue to spend money that we do and Citizens for Tax Justice says the BBA This Balanced Budget Amendment would not have. A Balanced Budget Amendment to would: Damage our economy by making re- put the federal government under far tighter the Constitution would legally force our gov- cessions deeper and frequent; heighten the constraints than States and families operate ernment to live within its means. It’s inter- risk of default and jeopardize the full faith and under every day, and it would open the door esting to see that while many of my col- credit of the U.S. Government; lead to reduc- to federal courts making the budget decisions leagues on the other side of the aisle, includ- tions in needed investments for the future; that should be made by our elected officials. ing our President, have argued that a constitu- favor wealthy Americans over middle- and Our nation needs real legislation that will cre- tional amendment is not necessary, 49 states low-income Americans by making it far more ate jobs and stimulate growth, not a Constitu- currently abide by some form of a balanced difficult to raise revenues and easier to cut tional Amendment that will cut jobs, kill budget requirement. programs; and weaken the principle of major- growth, all in the name of balancing the budg- President Obama urged opposition to this ity rule. et. Our budget problems can instead be re- legislation, clearly showing how out of touch Before we affirm a BBA, we need to con- solved in a responsible manner, but this he is. He just doesn’t seem to get it. Ameri- sider our future—not just the future of Amer- amendment is not it. I urge my colleagues to cans overwhelmingly support a Balanced ica’s debt, but America’s future. Do we want a reject H.J. Res. 2. Budget Amendment to the Constitution be- future that is bright with promise? A future with Mr. SESSIONS. Madam Speaker, earlier cause their government has proven that it is innovation? A future with the best schools, the this week the federal budget eclipsed 15 tril- unable to be responsible with their money. brightest students, and the strongest and lion dollars. The passing of this milestone un- The arguments against a Balanced Budget healthiest workers? Do we want to continue to derscores the real, substantive need to ad- Amendment appear to rest on the concerns lead the world? dress our ballooning debt crisis. It is past time that this will finally stop out-of-control spend- My answer is ‘‘yes.’’ for Congress to take action and put this nation ing; meaning Congress will no longer be able Madam Speaker, I respectfully urge my col- on a path to fiscal responsibility. That is why to spend at will on programs that may be nice leagues to vote ‘‘no’’ on this irresponsible and today I will vote in favor of a balanced budget to have, but are unnecessary or unaffordable. short-sighted amendment. amendment to the United States constitution. The measure on the floor today is a good Mr. HONDA. Madam Speaker, I rise in op- Madam Speaker, this country has a spend- compromise between those who wanted a position to House Joint Resolution 2, the ‘‘Bal- ing problem and a balanced budget amend- stronger Balanced Budget Amendment, and anced Budget’’ Constitutional Amendment. ment is the only permanent fix to ensure that those who felt such proposals went too far. This misguided proposal would harm our eco- we stop burdening our children and grand- While I would have preferred the version that nomic recovery by destroying jobs, cutting children with a debt they cannot afford. Last placed greater restriction on Congress’s ability Medicare and Social Security, and increasing year alone, the United States ran a 1.3 trillion to tax and spend, I am pleased to support his the likelihood that the United States will de- dollar budget deficit. That means we spent 1.3 legislation. fault on its debt. trillion dollars that we do not have. Under this It is simply unfair to continue to pass our fi- With the nation struggling to recover from balanced budget amendment, Congress would nancial burdens along to our children and the economic crisis, the American people want be forced to live within its means and balance grandchildren. Given Congress’s history of not Congress to focus on addressing the root our checkbook, just like millions of Americans

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7873 across this country. I urge my colleagues to order to our nation. Congress must ensure dren. But this amendment blocks investments help ensure that America’s best days lie in its that the reckless spending and poor choices of in education and infrastructure, elevates the future and join me in passing this balanced today do not doom our children and grand- risk of federal default, and as Reagan’s Eco- budget amendment. children to insurmountable indebtedness. nomic Advisor Bruce Bartlett said would un- Having balanced our budgets in the past, questionably cause another recession. But Mr. STARK. Madam Speaker, I rise in oppo- and, while it will not be easy, it can be done here’s the one thing this Amendment would do sition to H.J. Res. 2, the Balanced Budget again. Families and businesses have made for the American people: reinforce their belief Amendment. This amendment is just another the tough choices that are required. Govern- that Congress can’t get anything good done. opportunity for the House Majority to pander to ment must now follow. This legislative body is better than that. And their right wing base instead of focusing on I strongly encourage my colleagues to sup- it is better than this amendment, which is the issue that ordinary families care about— port the passage of this resolution and provide nothing more than political theater. And at a jobs. Americans the opportunity to vote on a Bal- time of 9% unemployment and a contracted The families in my district are concerned anced Budget Amendment. This is a decision economy, there is no excuse to waste tax- about their next paycheck and how they will not just for the House of Representatives or payer dollars on petty political gamesmanship. make that next mortgage or rent payment. Un- Congress, but for the American people. His- Madam Speaker, I urge my colleagues to employment is unacceptably high, and in Cali- tory will judge us today on how we have laid oppose this amendment and get down to the fornia it’s even higher than the national aver- the foundation for the success of future gen- serious legislative business of restoring order age. There are five applicants for every avail- erations. I urge my colleagues to make the to our fiscal house. I have joined with many of able job. Unemployment benefits are set to right choice. my Democratic colleagues in fighting to sta- expire at the end of the year for 305,000 peo- bilize the economy, create jobs, and build a ple in my state, and millions nationwide. Our Ms. FOXX. Madam Speaker, today’s debate better future for our children and grand- highest priority should be creating jobs and over the balanced budget amendment is high- children. And I will not stop this fight until we helping those who need help staying afloat ly instructive. It throws the differences be- have rebuilt our economy so that the men and while they search for work. tween those who believe in limited govern- women of America can get back to work. Instead of creating jobs the Congress is vot- ment and those who believe in an ever-ex- Mr. KIND. Madam Speaker, today I rise in ing on this reckless amendment to the Con- panding federal government into sharp relief. support of H.J. Res. 2, the Balanced Budget stitution that would damage our shaky econ- This debate brings to mind what American Amendment. omy and end Social Security and Medicare as founder Alexander Hamilton wrote in Fed- The Balanced Budget Amendment is now we know them. This balanced budget amend- eralist Paper 84. the only check on the last decade Republican ment would prevent the U.S. from responding He said that the Bill of Rights was ‘‘. . . not fiscal mismanagement. It is a practical solution to an economic crisis or making the invest- only unnecessary in the proposed Constitu- to the last decade of Republican irresponsible ments we need to repair our infrastructure. tion, but would even be dangerous.’’ spending. Of course, the easier response than H.J. Res. 2 is designed to guarantee that He thought that it ‘‘would contain various ex- going through the process of amending the working families will bear the burden of deficit ceptions to powers not granted; and, on this U.S. Constitution is reinstituting pay-as-you-go reduction through steep cuts to vital programs, very account, would afford a colorable pretext budgeting rules, which I fully support. Unfortu- instead of asking the wealthy to pay their fair to claim more than were granted. For why de- nately, my Republican colleagues do not. share in taxes. clare that things shall not be done which there Pay-as-you-go budgeting led our country The balanced budget amendment is a dis- is no power to do? Why, for instance, should into the healthy economic dynamic we saw in traction. The legislation has no chance of get- it be said that the liberty of the press shall not the 1990’s under President Clinton. It, too, ting 2/3 support in the House and Senate or be restrained, when no power is given by forced us to make tough decisions about our the support of 3/5 of the states, which is need- which restrictions may be imposed?’’ spending, but led to four years of budget sured for ratification. We certainly won’t be see- He made a good point, but the Bill of Rights pluses, 27 million private sector jobs, and ex- ing a balanced budget amendment added to was adopted and has served to secure many cess payments on our national debt. Unfortu- our Constitution anytime soon. This vote is of the liberties we enjoy. nately, the Republicans squandered all of that typical for this Republican Congress. It is no Even though he was somewhat wrong about away as they recklessly cast aside fiscal dis- surprise that our approval rating is 9%. Since the Bill of Rights, he was correct in under- cipline to enter two wars, enact two large tax Republicans took control of the House, the standing the nature of power and government. cuts, and increase entitlement spending, all of agenda has been dominated by symbolic After all, if a power is implied, enthusiasts of which were not paid for. And all of which votes to wipe out environmental protections, big government are bound to leverage the transformed our country from one with a budg- eliminate states’ abilities to control guns, reaf- slightest constitutional hiccup into a new ‘‘enu- et surplus to one with a $1.5 trillion budget firm our national motto which no one has merated power.’’ It appears that Hamilton un- deficit in just eight short years. threatened, limit access to abortion, weaken derstood very well the tendency of some to I share my colleagues’ concerns about the social insurance programs, and outsource rush to the federal government to solve prob- requirement for a supermajority to raise the American jobs. lems, create programs and expand in size and debt ceiling in light of the irresponsible actions There are plenty of good ideas to get our scope. In this sense, Hamilton was correct; of House Republicans earlier this year when economy back on track. We could extend un- the specter of an expanded and powerful cen- they nearly forced the U.S. Government into employment insurance, create jobs by repair- tral government is one that destroys and sup- default. ing our infrastructure, and reform our tax code presses freedom. We must act with fiscal responsibility and at- so the wealthy and Wall Street are paying That is why this debate over a balanced tention to long-term deficit reduction. And time their fair share. This balanced budget amend- budget amendment is so important, if only for is of the essence for the sake of economic ment doesn’t impact our economy at all. In- the sharp contrasts it unveils between the var- growth and job creation—now and for future stead, it is a distraction from that work. I urge ious parties to this crucial debate and the vi- generations. my colleagues to join me in voting no. sions for limited government and big govern- The SPEAKER pro tempore. The ment. question is on the motion offered by Mr. MICA. Madam Speaker, today I rise in Mr. FARR. Madam Speaker, I rise today in the gentleman from Texas (Mr. SMITH) support of the amending the Constitution to in- strong opposition to the Balanced Budget that the House suspend the rules and clude a Balanced Budget Amendment requir- Amendment. The purpose of Congress is to pass the joint resolution, H.J. Res. 2, as ing government to live within its means. serve the American people and this Amend- amended. This week, our national debt surpassed $15 ment is an unforgiveable disservice to our The question was taken. trillion. Our nation faces difficult economic constituents. Let’s look at the facts: the Amer- The SPEAKER pro tempore. In the times, a good part due to spending beyond ican people want jobs. But this amendment opinion of the Chair, two-thirds not our means. Debt per household and for every would destroy some 15 million jobs, double being in the affirmative, the noes have American is at an unsustainable level and unemployment, and contract the economy by it. jeopardizes our future. We can balance our an estimated 17%. The American people want Mr. GOODLATTE. Madam Speaker, budget. I helped and voted for that responsible security. But this amendment requires draco- on that I demand the yeas and nays. path which we achieved from 1996 to 2001. nian cuts to critical lifelines like Medicare, So- The yeas and nays were ordered. We have today the opportunity to take an cial Security, and veterans’ benefits. The The SPEAKER pro tempore. Pursu- important step toward reestablishing fiscal American people want a future for their chil- ant to clause 8 of rule XX, this 15-

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7874 CONGRESSIONAL RECORD — HOUSE November 18, 2011 minute vote on the motion to suspend Womack Yoder Young (FL) PROVIDING FOR CONSIDERATION the rules will be followed by a 5-minute Woodall Young (AK) Young (IN) OF H.R. 3094, WORKFORCE DE- vote on adoption of House Resolution NAYS—165 MOCRACY AND FAIRNESS ACT 470. Ackerman Grijalva Pelosi Amash Gutierrez Perlmutter The SPEAKER pro tempore. The un- The vote was taken by electronic de- Andrews Hahn Peters finished business is the vote on adop- vice, and there were—yeas 261, nays Baca Hanabusa Pingree (ME) tion of the resolution (H. Res. 470) pro- 165, not voting 8, as follows: Baldwin Hastings (FL) Polis viding for consideration of the bill Becerra Heinrich Price (NC) (H.R. 3094) to amend the National [Roll No. 858] Berkley Higgins Quigley Berman Himes Rahall Labor Relations Act with respect to YEAS—261 Bishop (NY) Hinchey Rangel representation hearings and the timing Blumenauer Hinojosa Reyes Adams Gallegly Mica Brady (PA) Hirono Richardson of elections of labor organizations Aderholt Gardner Miller (FL) Braley (IA) Holt Richmond under that Act, on which the yeas and Akin Garrett Miller (MI) Brown (FL) Honda Rothman (NJ) nays were ordered. Alexander Gerlach Miller, Gary Butterfield Hoyer Roybal-Allard The Clerk read the title of the resolu- Altmire Gibbs Mulvaney Capps Israel Ruppersberger Amodei Gibson Murphy (PA) Capuano Jackson (IL) Rush tion. Austria Gingrey (GA) Myrick Carnahan Jackson Lee Ryan (OH) The SPEAKER pro tempore. The Bachmann Goodlatte Neugebauer Carney (TX) Ryan (WI) question is on the resolution. Bachus Gosar Noem Carson (IN) Johnson (GA) Sa´ nchez, Linda Barletta Gowdy Nugent Castor (FL) Johnson, E. B. T. This is a 5-minute vote. Barrow Granger Nunnelee Chu Kaptur Sanchez, Loretta The vote was taken by electronic de- Bartlett Graves (GA) Olson Cicilline Keating Sarbanes vice, and there were—yeas 239, nays Barton (TX) Graves (MO) Palazzo Clarke (MI) Kildee Schakowsky 167, not voting 27, as follows: Bass (NH) Griffin (AR) Paulsen Clarke (NY) Kucinich Schiff Benishek Griffith (VA) Pearce Clay Langevin Schrader [Roll No. 859] Berg Grimm Pence Cleaver Larsen (WA) Schwartz YEAS—239 Biggert Guinta Peterson Clyburn Larson (CT) Scott (VA) Bilbray Guthrie Petri Cohen Lee (CA) Scott, David Adams Forbes Manzullo Bilirakis Hall Pitts Connolly (VA) Levin Serrano Aderholt Fortenberry Marino Bishop (GA) Hanna Platts Conyers Lewis (GA) Sewell Akin Foxx Matheson Bishop (UT) Harper Poe (TX) Courtney Lofgren, Zoe Sherman Alexander Franks (AZ) McCarthy (CA) Black Harris Pompeo Critz Lowey Sires Amash Frelinghuysen McCaul Blackburn Hartzler Posey Crowley Luja´ n Slaughter Amodei Gardner McClintock Boehner Hastings (WA) Price (GA) Cummings Lynch Smith (WA) Austria Garrett McCotter Bonner Hayworth Quayle Davis (CA) Maloney Speier Bachmann Gerlach McHenry Bono Mack Heck Reed Davis (IL) Markey Stark Bachus Gibbs McIntyre Boren Hensarling Rehberg DeGette Matsui Sutton Barletta Gibson McKeon Boswell Herger Reichert DeLauro McCarthy (NY) Thompson (CA) Bartlett Gingrey (GA) McKinley Boustany Herrera Beutler Renacci Dicks McCollum Thompson (MS) Barton (TX) Gohmert McMorris Brady (TX) Hochul Ribble Dingell McDermott Tierney Bass (NH) Goodlatte Rodgers Brooks Holden Benishek Gosar Rigell Doggett McGovern Tonko Meehan Broun (GA) Huelskamp Berg Gowdy Mica Rivera Doyle McNerney Towns Buchanan Huizenga (MI) Biggert Granger Miller (FL) Roby Dreier Meeks Tsongas Bucshon Hultgren Bilbray Graves (GA) Miller (MI) Roe (TN) Edwards Michaud Van Hollen Buerkle Hunter Bilirakis Graves (MO) Miller, Gary Rogers (AL) Ellison Miller (NC) Vela´ zquez Burgess Hurt Bishop (UT) Griffin (AR) Mulvaney Rogers (KY) Engel Miller, George Visclosky Burton (IN) Inslee Black Griffith (VA) Murphy (PA) Rogers (MI) Eshoo Moore Walz (MN) Calvert Issa Blackburn Grimm Myrick Rohrabacher Farr Moran Wasserman Camp Jenkins Bonner Guinta Neugebauer Rokita Fattah Murphy (CT) Schultz Campbell Johnson (IL) Bono Mack Guthrie Noem Rooney Frank (MA) Nadler Waters Canseco Johnson (OH) Boren Hall Nugent Ros-Lehtinen Fudge Neal Watt Cantor Johnson, Sam Garamendi Owens Waxman Boustany Hanna Nunnelee Capito Jones Roskam Brady (TX) Harper Olson Ross (AR) Gohmert Pallone Welch Cardoza Jordan Gonzalez Pascrell Wilson (FL) Brooks Harris Palazzo Carter Kelly Ross (FL) Broun (GA) Hartzler Paulsen Royce Green, Al Pastor (AZ) Woolsey Cassidy Kind Green, Gene Payne Yarmuth Buchanan Hastings (WA) Pearce Chabot King (IA) Runyan Bucshon Hayworth Pence Chaffetz King (NY) Scalise NOT VOTING—8 Buerkle Heck Petri Schilling Chandler Kingston Bass (CA) Giffords Olver Burgess Hensarling Pitts Coble Kinzinger (IL) Schmidt Burton (IN) Herger Platts Schock Deutch Napolitano Paul Coffman (CO) Kissell Filner Nunes Calvert Herrera Beutler Poe (TX) Cole Kline Schweikert Camp Huelskamp Pompeo Conaway Labrador Scott (SC) b 1358 Campbell Huizenga (MI) Posey Cooper Lamborn Scott, Austin Canseco Hultgren Price (GA) Costa Lance Sensenbrenner Mr. FRANK of Massachusetts Cantor Hunter Quayle Costello Landry Sessions changed his vote from ‘‘yea’’ to ‘‘nay.’’ Capito Hurt Reed Cravaack Lankford Shimkus Mr. INSLEE changed his vote from Carter Issa Rehberg Crawford Latham Shuler ‘‘nay’’ to ‘‘yea.’’ Cassidy Jenkins Reichert Crenshaw LaTourette Shuster Chabot Johnson (IL) Renacci Cuellar Latta Simpson So (two-thirds not being in the af- Chaffetz Johnson (OH) Ribble Culberson Lewis (CA) Smith (NE) firmative) the motion was rejected. Coble Johnson, Sam Rigell Davis (KY) Lipinski Smith (NJ) The result of the vote was announced Coffman (CO) Jones Rivera DeFazio LoBiondo Smith (TX) as above recorded. Cole Jordan Roby Denham Loebsack Southerland Stated against: Conaway Kelly Roe (TN) Dent Long Stearns Cravaack King (IA) Rogers (AL) DesJarlais Lucas Stivers Mr. FILNER. Madam Speaker, on rollcall Crawford King (NY) Rogers (KY) Diaz-Balart Luetkemeyer Stutzman 858, I was away from the Capitol due to prior Culberson Kingston Rogers (MI) Dold Lummis Sullivan commitments to my constituents. Had I been Davis (KY) Kinzinger (IL) Rohrabacher Donnelly (IN) Lungren, Daniel Terry Denham Kline Rokita Duffy E. Thompson (PA) present, I would have voted ‘‘nay.’’ Dent Labrador Rooney Duncan (SC) Mack Thornberry Mrs. NAPOLITANO. Madam Speaker, I was DesJarlais Lamborn Ros-Lehtinen Duncan (TN) Manzullo Tiberi absent during rollcall vote No. 858 in order to Diaz-Balart Lance Ross (AR) Ellmers Marchant Tipton attend an important event in my district. Had Dold Landry Ross (FL) Emerson Marino Turner (NY) Dreier Lankford Royce Farenthold Matheson Turner (OH) I been present, I would have voted ‘‘nay’’ on Duffy Latham Runyan Fincher McCarthy (CA) Upton the Motion to Suspend the Rules and Pass, Duncan (SC) LaTourette Scalise Fitzpatrick McCaul Walberg As Amended H.J. Res. 2—Proposing a Bal- Duncan (TN) Latta Schilling Flake McClintock Walden anced Budget Amendment to the Constitution Ellmers Lewis (CA) Schmidt Fleischmann McCotter Walsh (IL) Emerson LoBiondo Schock Fleming McHenry Webster of the United States. Farenthold Long Schweikert Flores McIntyre West Ms. BASS of California. Madam Speaker, Fincher Lucas Scott (SC) Forbes McKeon Westmoreland on rollcall No. 858 I was unable to be present Fitzpatrick Luetkemeyer Scott, Austin Fortenberry McKinley Whitfield as I was in California attending a family fu- Flake Lummis Sensenbrenner Foxx McMorris Wilson (SC) Fleischmann Lungren, Daniel Sessions Franks (AZ) Rodgers Wittman neral. Had I been present, I would have voted Fleming E. Shimkus Frelinghuysen Meehan Wolf ‘‘nay.’’ Flores Mack Shuler

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7875 Shuster Thornberry Whitfield rollcall 859—H. Res. 470, Providing for con- in response to the challenge to the defending Simpson Tiberi Wilson (SC) sideration of H.R. 3094—‘‘yea.’’ team from the United States, in accordance with Smith (NE) Tipton Wittman the terms of the America’s Cup governing Deed Smith (NJ) Turner (NY) Stated against: Wolf of Gift, dated October 24, 1887; and Smith (TX) Turner (OH) Mrs. NAPOLITANO. Madam Speaker, I was Womack (B) if a United States yacht club successfully Southerland Upton Woodall absent during rollcall vote No. 859 in order to Stearns Walberg defends the America’s Cup, includes additional Yoder attend an important event in my district. Had Stivers Walden Young (AK) sailing competitions conducted by America’s Stutzman Walsh (IL) Young (FL) I been present, I would have voted ‘‘nay’’ on Cup Race Management during the 1-year period Sullivan Webster Young (IN) agreeing to H. Res. 470—Rule providing for beginning on the last date of such defense. Terry West (2) AMERICA’S CUP RACE MANAGEMENT.—The Thompson (PA) Westmoreland consideration of H.R. 3094—Workforce De- mocracy and Fairness Act. term ‘‘America’s Cup Race Management’’ means NAYS—167 Mr. PASCRELL. Madam Speaker, I missed the entity established to provide for independent, professional, and neutral race manage- Ackerman Green, Al Owens the last rollcall vote today. Altmire Green, Gene Pallone ment of the America’s Cup sailing competitions. Andrews Grijalva Pastor (AZ) Had I been present, I would have voted (3) ELIGIBILITY CERTIFICATION.—The term Baldwin Gutierrez Payne ‘‘nay’’ on rollcall vote No. 859, on H. Res. ‘‘Eligibility Certification’’ means a certification Barrow Hahn Pelosi 470—Rule providing for consideration of H.R. issued under section 4. Becerra Hanabusa Perlmutter 3094—Workforce Democracy and Fairness (4) ELIGIBLE VESSEL.—The term ‘‘eligible ves- Berkley Hastings (FL) Peters sel’’ means a competing vessel or supporting ves- Berman Heinrich Peterson Act. Bishop (GA) Higgins Mr. FILNER. Madam Speaker, on rollcall sel of any registry that— Pingree (ME) (A) is recognized by America’s Cup Race Man- Bishop (NY) Himes Polis 859, I was away from the Capitol due to prior Blumenauer Hinchey Price (NC) agement as an official competing vessel, or sup- Boswell Hinojosa commitments to my constituents. Had I been porting vessel of, the 34th America’s Cup, as evi- Quigley present, I would have voted ‘‘nay.’’ Brady (PA) Hochul Rahall denced in writing to the Administrator of the Braley (IA) Holden Rangel Mr. ELLISON. Madam Speaker, today I in- Maritime Administration of the Department of Brown (FL) Holt Reyes advertently missed rollcall vote No. 859. Had Transportation; Capps Honda Richardson (B) transports not more than 25 individuals, Cardoza Hoyer I been present I would have voted ‘‘nay.’’ Richmond Carnahan Inslee in addition to the crew; Rothman (NJ) f Carney Israel (C) is not a ferry (as defined under section Roybal-Allard Carson (IN) Jackson (IL) PERSONAL EXPLANATION 2101(10b) of title 46, United States Code); Ruppersberger Castor (FL) Jackson Lee (D) does not transport individuals in point-to- Rush Chandler (TX) Mrs. BIGGERT. Madam Speaker, on Ryan (OH) point service for hire; and Chu Johnson (GA) rollcall No. 857, I was unavoidably de- Sa´ nchez, Linda (E) does not transport merchandise between Cicilline Johnson, E. B. T. tained. Had I been present, I would ports in the United States. Clarke (MI) Kaptur have voted ‘‘no.’’ (5) SUPPORTING VESSEL.—The term ‘‘sup- Clarke (NY) Keating Sarbanes Clay Kildee Schakowsky f porting vessel’’ means a vessel that is operating Cleaver Kind Schiff in support of the 34th America’s Cup by— Clyburn Kissell Schrader ADJOURNMENT TO TUESDAY, (A) positioning a competing vessel on the race Cohen Kucinich Schwartz NOVEMBER 22, 2011 course; Connolly (VA) Langevin Scott (VA) (B) transporting equipment and supplies uti- Conyers Larsen (WA) Scott, David Mr. LOBIONDO. Madam Speaker, I Serrano lized for the staging, operations, or broadcast of Cooper Lee (CA) ask unanimous consent that when the the competition; or Costa Levin Sewell House adjourns today, it adjourn to Sherman (C) transporting individuals who— Costello Lewis (GA) meet at 10 a.m. on Tuesday, November Critz Lipinski Slaughter (i) have not purchased tickets or directly paid Crowley Loebsack Smith (WA) 22, 2011; when the House adjourns on for their passage; and Cuellar Lofgren, Zoe Speier that day, it adjourn to meet at 1 p.m. (ii) who are engaged in the staging, oper- Cummings Lowey Stark on Friday, November 25, 2011; and when ations, or broadcast of the competition, race Davis (CA) Luja´ n Sutton team personnel, members of the media, or event Thompson (CA) the House adjourns on that day, it ad- Davis (IL) Lynch sponsors. DeFazio Maloney Thompson (MS) journ to meet at 2 p.m. on Tuesday, DeGette Markey Tonko November 29, 2011. SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS. Towns Notwithstanding sections 55102, 55103, and DeLauro Matsui The SPEAKER pro tempore. Is there Dicks McCarthy (NY) Tsongas 55111 of title 46, United States Code, an eligible Dingell McCollum Van Hollen objection to the request of the gen- vessel, operating only in preparation for, or in Doggett McDermott Vela´ zquez tleman from New Jersey? connection with, the 34th America’s Cup com- Donnelly (IN) McGovern Visclosky There was no objection. petition, may position competing vessels and Edwards McNerney Walz (MN) Engel Meeks Wasserman f may transport individuals and equipment and Eshoo Michaud Schultz supplies utilized for the staging, operations, or Farr Miller (NC) Waters AMERICA’S CUP ACT OF 2011 broadcast of the competition from and around Fattah Miller, George Watt Mr. LOBIONDO. Madam Speaker, I the ports in the United States. Frank (MA) Moore Welch SEC. 4. CERTIFICATION. Fudge Moran Wilson (FL) ask unanimous consent to take from (a) REQUIREMENT.—A vessel may not operate Garamendi Murphy (CT) Woolsey the Speaker’s table the bill (H.R. 3321) Gonzalez Nadler Yarmuth to facilitate the hosting in the United under section 3 unless the vessel has received an States of the 34th America’s Cup by au- Eligibility Certification. NOT VOTING—27 (b) ISSUANCE.—The Administrator of the Mari- Baca Filner Olver thorizing certain eligible vessels to time Administration of the Department of Bass (CA) Gallegly Pascrell participate in activities related to the Transportation is authorized to issue an Eligi- Butterfield Giffords Paul competition, and for other purposes, bility Certification with respect to any vessel Capuano Hirono Roskam with a Senate amendment thereto, and that the Administrator determines, in his or her Courtney Larson (CT) Ryan (WI) Crenshaw Marchant Sanchez, Loretta concur in the Senate amendment. sole discretion, meets the requirements set forth Deutch Napolitano Sires The Clerk read the title of the bill. in section 2(4). Doyle Neal Tierney The SPEAKER pro tempore. The SEC. 5. ENFORCEMENT. Ellison Nunes Waxman Clerk will report the Senate amend- Notwithstanding sections 55102, 55103, and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ment. 55111 of title 46, United States Code, an Eligi- bility Certification shall be conclusive evidence The SPEAKER pro tempore (during The Clerk read as follows: the vote). There is 1 minute remaining. to the Secretary of the Department of Homeland Senate amendment: Security of the qualification of the vessel for b 1405 Strike all after the enacting clause and in- which it has been issued to participate in the sert the following: So the resolution was agreed to. 34th America’s Cup as a competing vessel or a SECTION 1. SHORT TITLE. supporting vessel. The result of the vote was announced This Act may be cited as the ‘‘America’s Cup SEC. 6. PENALTY. as above recorded. Act of 2011’’. A motion to reconsider was laid on Any vessel participating in the 34th America’s SEC. 2. DEFINITIONS. Cup as a competing vessel or supporting vessel the table. In this Act: that has not received an Eligibility Certification Stated for: (1) 34TH AMERICA’S CUP.—The term ‘‘34th or is not in compliance with section 12112 of title Mr. RYAN of Wisconsin. Madam Speaker, America’s Cup’’— 46, United States Code, shall be subject to the today, I missed rollcall vote 859. Had I been (A) means the sailing competitions, com- applicable penalties provided in chapters 121 present, I would have cast the following vote: mencing in 2011, to be held in the United States and 551 of title 46, United States Code.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 6333 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7876 CONGRESSIONAL RECORD — HOUSE November 18, 2011 SEC. 7. WAIVERS. In my district, I’m working with high Mr. GARDNER. Mr. Speaker, I rise to (a) IN GENERAL.—Notwithstanding sections schools and manufacturers on recruit- honor the 150th anniversary of Weld 12112 and 12132 and chapter 551 of title 46, ing students to go into STEM fields. County, Colorado. Weld County takes United States Code, the Secretary of the depart- We’re working on connecting students its name from Lewis Ledyard Weld. ment in which the Coast Guard is operating may issue a certificate of documentation with a with manufacturers who are looking Weld was appointed by President Lin- coastwise endorsement for each of the following for employees. coln as Colorado’s first territorial sec- vessels: I want to recognize the efforts of Me- retary. (1) M/V GEYSIR (United States official num- dusa Consulting, Illinois Worknet and On November 1, 1861, the Colorado ber 622178). Manufacturing Careers, Incorporated Territory’s General Assembly officially (2) OCEAN VERITAS (IMO number 7366805). for their leadership in bringing a man- organized Weld County. This November (3) LUNA (United States official number ufacturing jobs fair to the District 214 marks the 150-year anniversary. 280133). Field House in Arlington Heights this As with most Western settlements (b) DOCUMENTATION OF LNG TANKERS.— during the 1860s, Weld County had an (1) IN GENERAL.—Notwithstanding sections upcoming December 5. 12112 and 12132 and chapter 551 of title 46, I want to encourage my colleagues to extremely sparse population. Today United States Code, the Secretary of the depart- support STEM education and to work it’s got over 250,000 people. From a ment in which the Coast Guard is operating with their local businesses on hosting humble start as an area based predomi- may issue a certificate of documentation with a these important jobs fairs and manu- nantly on coal mining, Weld County coastwise endorsement for each of the following facturing workshops. This is absolutely has flourished with a thriving business vessels: critical if we want to get America back sector and strong agricultural econ- (A) LNG GEMINI (United States official num- to work. omy. In fact, Weld County is the ber 595752). eighth-leading agricultural county in f (B) LNG LEO (United States official number the entire United States and the only 595753). b 1410 (C) LNG VIRGO (United States official num- county outside of California ranked in ber 595755). NORTH FOREST INDEPENDENT the top 10. (2) LIMITATION ON OPERATION.—Coastwise SCHOOL DISTRICT From small businesses, great land for trade authorized under paragraph (1) shall be farming, Weld County is also home to (Ms. JACKSON LEE of Texas asked limited to carriage of natural gas, as that term the University of Northern Colorado is defined in section 3(13) of the Deepwater Port and was given permission to address and the Pawnee National Grasslands. Act of 1974 (33 U.S.C. 1502(13)). the House for 1 minute.) It’s home to over 19 different towns, Ms. JACKSON LEE of Texas. Mr. (3) TERMINATION OF EFFECTIVENESS OF EN- each one with a unique identity that DORSEMENTS.—The coastwise endorsement Speaker, one of the reasons that I rose makes this area of Colorado distinc- issued under paragraph (1) for a vessel shall ex- to the floor of the House to oppose the tive. And it’s home to thriving energy pire on the date of the sale of the vessel by the balanced budget amendment—and I owner of the vessel on the date of enactment of interests and some of the Nation’s hope the American people and our col- leading water pioneers. this Act to a person who is not related by own- leagues can see the value of the vig- ership or control to such owner. One of my favorite events every year (c) OPERATION OF A DRY DOCK.—A vessel orous debate, and I applaud the Rules is the Fourth of July Greeley Stam- transported in Dry Dock #2 (State of Alaska Committee for allowing us the time to pede and Parade. It reminds me of what registration AIDEA FDD–2) is not merchandise deliberate on the issue of the balanced it means to call Colorado home. for purposes of section 55102 of title 46, United budget amendment—is for the very Weld County embodies everything States Code, if, during such transportation, Dry good reason that my good friend and that is great about heading West, and I Dock #2 remains connected by a utility or other colleague just spoke about: our young am proud to recognize their 150th anni- connecting line to pierside moorage. people and opportunities for jobs. versary. Mr. LOBIONDO (during the reading). I join him in finding pathways for f Madam Speaker, I ask unanimous con- young people to be transitioned into sent to dispense with the reading. jobs and others into jobs, along with a SERVING FELLOW AMERICANS ON The SPEAKER pro tempore. Without college education. THANKSGIVING objection, the reading is dispensed The North Forest Independent School (Ms. KAPTUR asked and was given with. District, a small school district in permission to address the House for 1 There was no objection. Texas designated to be closed by Gov- minute.) The SPEAKER pro tempore. Is there ernor Perry’s Texas Education Agency, Ms. KAPTUR. Mr. Speaker, with objection to the original request of the is trying to do just that, to have job Thanksgiving approaching, let us think gentleman from New Jersey? training, to have partnerships with the about our fellow Americans and ask There was no objection. Houston Community College, and I ourselves the question, what can we do A motion to reconsider was laid on congratulate Mr. Ivory Mayhorn for to serve them this coming week and the table. getting some 7,000-plus signatures to into the future? f oppose the closing of this school dis- Average incomes for Americans, for the average family, have gone down SCIENCE, TECHNOLOGY, ENGI- trict, a high school that is on the verge about 6.7 percent, and we know poverty NEERING, AND MATHEMATICS of training individuals in the trades rates have risen 15 percent. For all of EDUCATION and the skills of manufacturing and then bridging them on to community those listening today as we look across (Mr. DOLD asked and was given per- college and then on to college. our country, think about what you can mission to address the House for 1 We’ve got to recognize that we’ve got do this week and every week to help minute and to revise and extend his re- to build the human resource—and a our food banks that are short on sup- marks.) balanced budget amendment ignores plies across our country. Every class, Mr. DOLD. Madam Speaker, as the the need to protect Medicare, Social every religious organization, every per- largest manufacturing district in the Security, and Medicaid—investing in son can do something extra to help this country, and as part of a jobs plan that our children, providing them with the week to give every American a good I think is important for our country, opportunity and the bridge to move on. Thanksgiving. I’m focused on manufacturing through- So I look forward to working, Mr. Think about how you can help a local out not only the country, but specifi- Speaker, with the North Forest Inde- feeding kitchen. Think about how you cally Illinois’ Tenth Congressional Dis- pendent School District and working might challenge your sports team to go trict. That’s why I have been focused with this Congress to invest in human glean in the fields and to collect, if you on science, technology, engineering resources. live in a part of the country where ag- and mathematics education, or STEM, f riculture exists, the extra cabbage, the so that those that are currently unem- extra apples that are there and will be ployed, or those students who will soon WELD COUNTY, COLORADO plowed under if you don’t pick them. be entering the work force can learn (Mr. GARDNER asked and was given Across our country this is a year new skills and go into a field with permission to address the House for 1 when Americans can say to one an- good, high-paying jobs. minute.) other, Happy Thanksgiving, we believe

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7877 in you, we want to help you through eral law in the 1982 Nuclear Waste Pol- upon their past votes or current state- these difficult times. It reaches the icy Act which is Yucca Mountain. ments? true heart of the American people, the Look at what we have at Idaho Na- Right now, we have 17 Senators in people full of goodness who know tional Laboratory. At the national labs support; we have three in opposition; what’s right to do. And let’s give every we have 5,090 canisters of nuclear and we have four who really have no American a happy Thanksgiving every waste. Yucca Mountain, none. At defined positions as of yet. Senator day. God bless America. Idaho, the waste is stored above ground FEINSTEIN, of course, has spoken in op- f and in pools. At Yucca Mountain, the position to Yucca Mountain; but with waste would be stored 1,000 feet from Fukushima Daiichi and with the fact AMERICAN ENERGY & the surface of the ground. At Idaho, the that she has nuclear power plants on INFRASTRUCTURE JOBS ACT waste would be 500 feet above the water the shore of the Pacific Ocean, I think (Mr. MURPHY of Pennsylvania asked table. At Yucca Mountain, the waste she is reevaluating that position. and was given permission to address would be 1,000 feet above the water We need 60 votes in the Senate to the House for 1 minute.) table. Idaho National Laboratory, 50 move forward and to finish the science Mr. MURPHY of Pennsylvania. Mr. miles from Yellowstone Park; Yucca on Yucca Mountain so that, by Federal Speaker, this week Speaker BOEHNER Mountain, the waste would be 100 miles law, Yucca Mountain becomes the sin- announced a bill that will be intro- from the Colorado River. gle repository for high-level nuclear duced soon to Congress to deal with Now, why is it important to address waste in this country. our jobs issue. It’s not one that raises these different locations of high-level With that, Mr. Speaker, I yield back taxes. It’s not one which is going to nuclear waste across the country? Be- the balance of my time. add to the deficit. It is the American cause there’s 104 nuclear reactors in f Energy & Infrastructure Jobs Act, this country, not including all of the COMMERCE CLAUSE which will be introduced soon. high-level nuclear waste that we have It is an act that in part is related to at our defense labs, our DOE labs, and The SPEAKER pro tempore. The a bill that I have presented in this the like. Chair reallocates the balance of the Chamber for several years now in a bi- So what this country needs to under- majority leader’s time to the gen- partisan move to get America back to stand is there’s nuclear waste all over tleman from Georgia (Mr. BROUN). work. the place and next to major population Mr. BROUN of Georgia. In Hosea 4:6, Instead of importing $129 billion centers and next to major water re- God says: worth of oil every year and sending serves. My people are destroyed from lack of them our wealth, it uses our oil off our What I’ve also done in coming down knowledge. Because you have rejected coasts to create jobs. here has been to highlight how do the knowledge, I also reject you as My priests; Our infrastructure in America has a because you have ignored the law of your Senators from the States that sur- God, I also will ignore your children. $2 trillion pricetag to repair our roads, round the Idaho nuclear lab—what are highways, and bridges. We also still their positions? And their positions are This is a promise from a holy, right- have 14 million Americans out of work as follows. eous God who could do nothing else but fulfill that promise. We have to look at and another 10 million looking for Senator BARRASSO from Wyoming is work. It’s time America got back to a supporter of Yucca Mountain and has this and understand that, in this coun- work, and we can do it with this bill. I stated that the end result of this saga try, we have a tremendous lack of urge all of my colleagues to make sure is a 5-mile long, 25-foot-wide hole in knowledge about our U.S. Constitution they’re part of this bill when it comes the Nevada desert. It was meant to and that we have a tremendous lack of out and get Americans back to work store America’s nuclear waste but in- knowledge about the biblical founda- and rebuild America once again. stead, because of politics, it stands as a tions of our Nation and of how our Founding Fathers believed in liberty. f monument to bureaucratic waste of taxpayer dollars. We’re losing that liberty tremendously YUCCA MOUNTAIN because we have a tremendous lack of What does Senator ENZI say, who’s The SPEAKER pro tempore (Mr. also supported and voted for Yucca knowledge. LANDRY). Under the Speaker’s an- Mountain in 2002? ‘‘In his campaign, In Psalm 11, God says: nounced policy of January 5, 2011, the President Obama promised change. He If the foundations are destroyed, what are gentleman from Illinois (Mr. SHIMKUS) promised politics wouldn’t interfere the righteous to do? is recognized for 60 minutes as the des- when sound science spoke. I’m dis- I believe it’s a call to duty to rebuild ignee of the majority leader. appointed that his Yucca Mountain the foundational principles that are be- Mr. SHIMKUS. Mr. Speaker, I come policy ignores that campaign promise.’’ hind liberty. down to the floor once a week to talk MIKE CRAPO voted ‘‘yes’’ for Yucca Sworn officers of the United States— about the high level of nuclear waste in Mountain, and he’s disappointed in the in fact, all public servants—have taken this country and the fact that this administration. an oath to uphold the Constitution country still doesn’t have a single re- And the new Senator from Idaho, against enemies both foreign and do- pository to store high-level nuclear Senator RISCH, says: mestic; and for decades, sworn officers waste. ‘‘The President’s decision to kill the of the United States have been vio- Throughout this last year, I’ve Nation’s congressionally directed relating that oath to uphold and protect talked about Hanford, Washington, pository for high-level nuclear waste as our Nation’s most precious document, which has multiple gallons of high- a favor to one State is politics at its the U.S. Constitution. Domestically, level nuclear waste. I then went to worst. The Administration’s decision there are many by their actions, either Zion nuclear power plant right off to knowingly undermine their commit- intentionally or unintentionally, who Lake Michigan to talk about its nu- ments to Idaho and 33 other States undermine our governing document. clear waste right next to the lake. A with no clear alternative cannot stand. Every day, officials, ranging from couple of weeks ago, I went to Savan- This has become a hallmark of this ad- Federal judges to U.S. Senators to nah, Georgia, to talk about the Savan- ministration, first with the Guanta- Members of the House to leadership, ig- nah River and the nuclear power plant namo prison site and now Yucca Moun- nore the original intent of our Found- that sits right next to the river. Then tain—to jump without knowing where ers that was put in the Constitution of I went to the Pacific Ocean between they are going to land.’’ the United States. The distortion is so Los Angeles and San Diego, San great now that there is little correla- Onofre, where there’s a nuclear power b 1420 tion between their words and our ac- plant right on the Pacific Ocean. The other thing I’ve been doing has tions here in Washington, D.C. This has Today I take the Nation to Idaho, just been highlighting, as I’ve been become the norm for today’s body of where Idaho National Laboratory is lo- taking the country through the high- government, but it was not what the cated, comparing this site, as I do level nuclear waste areas around this great lawmakers of the past envisioned weekly, to the fine location under Fed- country: Where are the Senators based for America’s future.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7878 CONGRESSIONAL RECORD — HOUSE November 18, 2011 Today, I would like to focus in par- not ‘‘to control’’ as it is so often used He also felt as though when an indus- ticular on one clause of the Constitu- today. It means to make regular, to try suffered in one State, it should be tion in which we have seen a dramatic make it work, to expand commerce— able to ask for assistance from other and dangerous distortion of our Found- not to control it. To put it in plain States. ing Fathers’ original intent. The Com- words, the original intent of the Com- Hamilton went on to say: merce Clause has slowly been eroded by merce Clause was to make that com- The variety, not less than the value, of the selfishness of politicians and of the merce and trade between the States products for exportation contributes to the courts alike. Nowadays, it can be care- ‘‘normal,’’ or ‘‘regular.’’ It was de- activity of foreign commerce. It can be con- lessly applied to almost any case that signed to promote trade and exchange, ducted upon much better terms with a large number of materials of a given value than expands the size and scope of the Fed- not to hinder it with crushing regula- with a small number of materials of the eral Government as it relates to our tions. Moreover, the Framers of the same value; arising from the competitions of economy. Constitution wanted to make sure that trade and from the fluctuations of markets. Today, I want to walk you through commerce between the States was not Particular articles may be in great demand time, starting with our Founding Fa- limited by taxes or tariffs. Here are at certain periods, and unsalable at others; thers’ original intent for the clause and some examples of what James Madison but if there be a variety of articles, it can then moving through the years to and Alexander Hamilton envisioned. scarcely happen that they should all be at point out specific cases that have led In Federalist 45, James Madison one time in the latter predicament, and on this account the operations of the merchant to the deterioration of the Commerce wrote: would be less liable to any considerable ob- Clause. We’ll end with a modern-day The powers delegated by the proposed Con- struction or stagnation. The speculative situation that I know everybody in this stitution to the Federal Government are few trader will at once perceive the force of these country is familiar with—that being and defined. Those which are to remain in observations, and will acknowledge that the the constitutionality of ObamaCare. I the State governments are numerous and in- aggregate balance of the commerce of the hope that all of our viewers will stay definite. United States would bid fair to be much with me throughout the hour, because I encourage people to read the Con- more favorable than that of the thirteen it is so important that you help me to stitution of the United States. The 10th States without union or with partial unions. educate the rest of your neighbors, Amendment says, if a power is not spe- He is saying this in an argument your families, your friends on how the cifically given to the Federal Govern- geared towards a strong union of Fed- Federal Government has spiraled out of ment by the Constitution, then the 18 eral Government. But what’s he saying control. things in article I, section 8—that there? That the commerce of the It’s up to the American people—we begin here and end here in this little States in a whole should be considered. the people—to demand that Wash- booklet, these 18 things—are all the So to sum it up, it is without a doubt ington gets back to constitutionally Constitution gives Congress the au- that the commerce clause was intended limited government as our Founding thority to vote upon—18. That’s it. Na- to ensure free trade between the States Fathers intended. We’ve gotten away tional defense-national security should and to ultimately create the most bal- from their thoughts; we’ve gotten away be the major function of the Federal anced and desirable American products from their intent of our government; Government. It’s certainly not meant to sell to foreign buyers. and we see the problems that we have to expand beyond what the Constitu- Let’s take a look at some specific today because of that. tion says, as James Madison wrote in cases that led to the destruction of the There are many aspects that have Federalist 45. commerce clause. In the first case, we are going to examine Gibbons v. Ogden. contributed to the overreach of today’s b 1430 government, but the single biggest of- This was in 1824. It is the first case in Simply put, Madison was reinforcing fender has been the ever-expanding in- which the commerce clause was broad- the point that the powers of the Fed- terpretation of the Commerce Clause ened beyond its original meaning under eral Government, under the proposed in article I, section 8 of the Constitu- the Constitution. Here’s a little back- Constitution, should be very limited, tion. In fact, as an original intent con- ground on the case: while the powers within the States are stitutionalist, I say we should not in- The State of New York had passed a broad in scope and are more individual- terpret the Constitution; we must law granting two operators, Robert R. ized and are extremely broad in char- apply the Constitution as it was in- Livingston and Robert Fulton, the ex- acter. tended. clusive right to operate steamboats Again, the commerce clause was not Article I, section 8 of the Commerce within the waters of the State of New meant to be stretched as thin as it is Clause states: York. Operators from outside the State today, where it can be applied to al- of New York wishing to navigate wa- To regulate commerce with foreign nations most all forms of economic prosperity and among the several States and with the ters within New York were required to Indian tribes. at both the State as well as the Federal get a special permit in order to do so. levels. We’ll get into more specific ex- So what does it mean ‘‘to regulate Aaron Ogden filed suit, arguing that amples in just a few minutes. commerce’’? this State-sponsored monopoly was in Here is a quote from Alexander Ham- To understand what is meant by the opposition to Congress’ constitutional ilton, one of the Federalists who want- word ‘‘commerce,’’ a great place to authority to regulate interstate com- ed a strong Federal Government. He start is with the Constitution, itself. merce. wrote in Federalist 11, where he makes Article I, section 9 of the document In his opinion, Chief Justice John the case that the States should have states: Marshall ruled that the word ‘‘com- unrestrained economic interaction merce,’’ as found in the Constitution, No preference shall be given by any regula- with each other to, therefore, bolster tion of commerce or revenue to the ports of includes in its definition the transport one State over those of another, nor shall U.S. productivity and make our ex- of goods between States. This ruling is vessels bound to or from one State be obliged ports more desirable to foreign mar- inconsistent with the Framers’ intent, to enter, clear or pay duties in another. kets: as you can see in Federalist 42 when What does that mean? ‘‘Commerce’’ An unrestrained intercourse between the James Madison wrote: is between States. Commerce is sup- States themselves will advance the trade of To those who do not view the question posed to go across State lines. That’s each by an interchange of their respective through the medium of passion or of inter- productions, not only for the supply of recip- what ‘‘commerce’’ means. The word est, the desire of the commercial States to rocal wants at home, but for exportation to collect, in any form, an indirect revenue ‘‘commerce’’ was regularly understood foreign markets. The veins of commerce in from their uncommercial neighbors, must by both the Framers of the Constitu- every part will be replenished, and will ac- appear not less impolitic than it is unfair; tion and the general public at that quire additional motion and vigor from a since it would stimulate the injured party, time to mean ‘‘trade between States.’’ free circulation of the commodities of every by resentment as well as interest, to resort Now, what about the words ‘‘to regu- part. to less convenient channels for their foreign late’’? Hamilton felt as though enterprise trade. During that period of time, the term would have a greater scope from the di- ‘‘Foreign trade,’’ commerce opening ‘‘regulate’’ meant ‘‘to make regular,’’ versity in the goods of different States. up between the States, not control

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7879 within the States, is what he’s saying were such that it was clear that ‘‘the East for further preparation for the here. participants meant to monopolize the market.’’ Madison went on to equate commerce meat trade within the State of Illi- And he went on to state that in his with what he described as ‘‘inter- nois.’’ opinion any practice which ‘‘unduly course’’ between States and wrote that Holmes took this observation a step and directly’’ affects the expenses in- the definition of ‘‘among the States,’’ further by saying that while the trust’s curred during the passage of livestock as stated in the Constitution, was quite intention may only have been to create through stockyards is an ‘‘unjust ob- broad. He wrote: a monopoly within its own State, the struction to that commerce,’’ and as a The word ‘‘among’’ means intermingled trust’s ‘‘effect upon commerce among result, Congress has the ability to step with. A thing which is among others is inter- the States is not accidental, secondary, in and regulate it. mingled with them. Commerce among the remote, or merely probable.’’ He went Here the court rules that the com- States cannot stop at the external boundary on to differentiate this case from cases merce clause allows Congress to act if line of each State, but may be introduced related to manufacturing, stating that it believes that a local entity is pre- into the interior. It may very properly be re- ‘‘here, the subject matter is sales, and venting the ‘‘free and unburdened’’ stricted to that commerce which concerns flow of a good which could have its more States than one. the very point of the combination is to restrain and monopolize commerce roots in multiple States, such as cattle As a result, subsequent courts have among the States in respect of such moving to stockyards and to packing ruled that Congress has the power to sales,’’ due to the fact that the meat at plants. But in reality, this simply re- regulate commerce that not only is issue likely had roots in several dif- affirmed the Swift decision which al- truly interstate in nature but also ferent States, not just Illinois, and lowed Congress to insert itself into any commerce which affects more than one that its end destination could also have activity that affects more than one State. been within a different State, that, in State. As Matthew Clemente of effect, it was affecting the ‘‘stream of Then in Wickard v. Filburn, this case FreedomWorks pointed out in a recent commerce.’’ threw open the doors, widely opened series on how the commerce clause re- the doors to allow Congress to regulate b 1440 lates to the expansion of the Federal any activity that might relate to inter- Government through health care, this Thus, the ruling in Swift had the ef- state commerce. I’m sure the Founding broad interpretation of the commerce fect of allowing congressional regula- Fathers would roll over in their graves clause has resulted in justifications of tion of actions which could potentially if they knew what kind of power the a number of Federal laws that regulate affect commerce in other States—not court bestowed on the Federal Govern- purely intrastate activities. what actually would affect commerce, ment with the decision in this par- In the end, the Marshall court struck but potentially affect commerce in ticular case. down New York’s law because of its other States—such as the sale of items So let me give you a little back- view that Congress, not the States, has which could be considered to be within ground information on this case so you the power to control navigation within the stream of commerce. Again, a fur- can grasp how ridiculous the court’s each State so long as it relates to ther expansion of the original intent. decision was in this case. Roscoe interstate commerce. And this opened Again, to recap what this case has Filburn was a farmer who was penal- the door for even looser readings of the shown us, the court ruled that activi- ized by the U.S. Department of Agri- commerce clause in later cases. ties involved in the stream of com- culture for harvesting more wheat than So just to quickly recap, in this case merce, or potentially could be involved he was allotted by a USDA regulation the court ruled that Congress has both in the stream of commerce, may be that set quotas for wheat crops. the power to regulate both commerce regulated by Congress. But in reality, Filburn filed suit, claiming that he was that is truly interstate in nature and this decision had the effect of allowing not going to sell the extra wheat, that actions related to commerce which af- Congress to regulate not just actions he was only going to be using it on his fect more than one State, even if not which could affect more than one own farm for his own family; and, through one common channel. State, but also actions which are con- therefore, the Federal Government But the reality is that in the Fed- sidered to be within the stream of com- should not have any say in the matter. eralist Papers, Alexander Hamilton re- merce. As a result, it widens the Justice Robert H. Jackson wrote in his peatedly equates commerce with trade breadth of issues over which Congress opinion that ‘‘the commerce power is between nations, as we’ve already seen. might assert authority under the com- not confined in its exercise to the regu- He does not ever give it a broader merce clause, totally against the origi- lation of commerce among the States. meaning related to activities carried nal intent. It extends to those activities interstate out within each State, which may also Next in Stafford v. Wallace in 1921, which so affect interstate commerce.’’ affect activities in other States. we see Congress passed the Packers and He went on to write, as this poster Let’s look at another case. In this Stockyards Act in 1921 to create new shows: one, it’s Swift & Co. v. United States in regulations on meatpackers in response Even if an activity be local, and though it 1905. The case revolved around a num- to charges that their practices were may not be regarded as commerce, it may ber of meat dealers in Chicago that had unfair, discriminatory, and encouraged still, whatever its nature, be reached by Con- formed a meat trust in which they the formation of monopolies. gress if it exerts a substantial economic ef- agreed not to bet against one another In Stafford, the court reaffirmed its fect on interstate commerce. in an effort to control meat prices. At decision in Swift that we just talked In other words, anything could be the same time, the members of the about, finding that Congress could reg- considered under the commerce clause. trust convinced the railroads to charge ulate activities within stockyards— Anything could be regulated by Con- them below normal rates to transport seen as local in nature—because they gress. Anything. And that’s what we their product. The U.S. Government are a part of a channel of commerce. see today. stepped in, attempting to use the Sher- Writing the decision, Chief Justice Most recently, in 2005, the court re- man Antitrust Act to break up this William Howard Taft stated that ‘‘the affirmed the decision in Wickard v. trust. object to be secured by the act is the Filburn in the ruling of Gonzales v. Using the open door left by Mar- free and unburdened flow of livestock Raich, which shows the court’s anti- shall’s expansion of the language of the from the ranges and farms of the West original intent interpretation of the commerce clause in Swift, the court and the Southwest through the great commerce clause to date. This, I re- went a step further and ruled that ‘‘ac- stockyards and slaughtering centers on mind you, was just a few years ago in tivities involved in the ‘stream of com- the borders of that region, and thence 2005. This is the widest interpretation merce’ were fair game for congres- in the form of meat products to the of the commerce clause, showing that sional regulation’’—totally against the consuming cities of the country in the Congress may not even need to show original intent. In his opinion, Justice Middle West and East, or, still, as live- evidence that an action could affect Oliver Wendell Holmes wrote that the stock, to the feeding places and fat- interstate commerce before it is able elements of the meat trust’s scheme tening farms in the Middle West or to regulate it.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7880 CONGRESSIONAL RECORD — HOUSE November 18, 2011 This case also established that Con- and bigger Federal criminal justice merce Clause to regulate noneconomic gress needs only to find that a ‘‘ration- system under the Commerce Clause behavior. At the same time, the Con- al basis’’ exists for believing that an when we have absolutely no constitu- stitution delegates such regulation to action could affect interstate com- tional authority to do that. the States as an exercise of the State’s merce in order to regulate it. Again, in police powers, not the Federal Govern- this case the court ruled that Congress b 1450 ment’s, but the police’s, the State’s po- may regulate any activity which might Rehnquist went on to say: lice powers. relate to interstate commerce. How Congress could regulate any activity that This particular case is just chock full inane. How unconstitutional. The re- it found was related to the economic produc- of great quotes, and I’d like to just ality is it’s just absurd that Congress tivity of individual citizens: family law, in- take a few minutes to read some of should have this power under the com- cluding marriage, divorce and child custody, them, the first being on this poster. merce clause to stop a farmer from for example. Under theories, it is difficult to The Constitution requires a distinction be- using his own crops to feed his own perceive any limitation on Federal power, tween what is truly national and what is even in areas such as criminal law enforce- livestock and his own family simply truly local. ment or education where States historically Given petitioners’ arguments, the concern because his doing so may result in his have been sovereign. Thus, if we were to ac- that we expressed in Lopez that Congress not purchasing wheat from elsewhere cept the government’s arguments, we are might use the Commerce Clause to com- within the marketplace. hard pressed to posit any activity by an indi- pletely obliterate the Constitution’s distinc- The cases we just discussed show the vidual that Congress is without power to reg- tion between national and local authority court’s willingness to use the com- ulate. seems well founded. merce clause to justify congressional And he is absolutely correct. He The next quote out of that decision regulation on just about any activity added: reads: which might affect commerce. How- Admittedly, some of our prior cases have If accepted, petitioners’ reasoning would ever, the Rehnquist court broke from taken long steps down that road, giving allow Congress to regulate any crime as long this trend and decided two key cases great deference to congressional action, but as the nationwide, aggregated impact of that which limited the use of the commerce we decline here to proceed further. crime has substantial effects on employ- clause when the regulation was not ment, production, transit, or consumption. The quote on this poster shows He went on to say: firmly based on economic activity. I Rehnquist admitting how in cases I Indeed, we can think of no better example firmly believe that we need to move have already talked to you about, the even more drastically in the direction of the police power, which the Founding Fa- cases in the past, the Commerce Clause thers denied the Federal Government and re- that the Rehnquist court established. has been stretched very thin and often posed in the States, than the suppression of In 1995, U.S. v. Lopez was the first misapplied. In Lopez, Rehnquist ruled violent crime and vindication of its victims. case where a distinction was drawn be- that Congress may not use the Com- Lastly, Rehnquist closed this case by tween using the commerce clause to merce Clause to regulate noneconomic saying this: regulate economic activity and using it activity, even in cases where it could If the allegations here are true, no civilized to regulate any activity which could find a tangential connection between system of justice could fail to provide her a potentially impact commerce. that activity and the health of the remedy for the conduct, but under our Fed- Alfonzo Lopez was a high school stu- economy at large. eral system that remedy must be provided by dent who was charged with possessing U.S. v. Morrison, in 2000, built on the the State and not by the United States. a firearm on school property under the findings of Lopez and reaffirmed the As you can see through Rehnquist’s Gun-Free School Zones Act of 1990. Court’s opinion that Congress could decisions in these two cases that we Lopez challenged the act, claiming not reach to the Commerce Clause to just talked about, the Commerce that the commerce clause does not regulate activity which only tangen- Clause cannot and should not be uti- grant Congress the authority to say tially touched interstate commerce. lized to expand the police powers of the where someone may or may not carry a Federal Government. The crimes in In 1994, Christy Brzonkala was sexu- gun. Attorneys for the Federal Govern- these cases that were treated as Fed- ally assaulted by two of her college ment argued that the possession of a eral crimes should have been handled classmates. She filed suit against them gun—and this is just so far out and either by the State or locally. We do under the Violence Against Women Act crazy, it’s hard to believe, but this is not have constitutional authority to of 1994, which provided a Federal civil exactly what they argued—the Federal create an ever larger Federal criminal remedy for ‘‘victims of gender-moti- Government attorneys argued that pos- justice system. In fact, initially, there vated violence.’’ Her classmates argued session of a gun on school grounds were only three Federal felonies: trea- that Congress had no authority to reg- could lead to violent crime—well, the son, piracy, and counterfeiting. And ulate violence against women under gun doesn’t make it lead to violent that is counterfeiting against coinage, the Commerce Clause. Attorneys for crime, but that’s what they were money. the Federal Government argued that claiming—and this would increase in- Now let’s come to an issue that is im- gender-motivated violence, and the surance costs. And it would also deter portant right now. It’s one of the big- fear of such violence, substantially af- visitors from coming to the general gest assaults on freedom to date, and fects interstate commerce. area, thus dampening the local econ- one of the worst perversions of the Again writing the opinion of the omy. They also argued that students Commerce Clause that I have ever Court, Chief Justice Rehnquist stated: who fear violence at their schools are seen. And I’m talking about the Pa- more likely to be distracted in the The Violence Against Women Act is sup- tient Protection and Affordable Care ported by numerous findings regarding the classroom, resulting in a less-educated Act, commonly known as ObamaCare. serious impact that gender-motivated vio- Using the decisions in Lopez and workforce and an overall weaker na- lence has on victims and their families. Morrison, it is clear that Congress tional economy. Boy, that’s far reach- And it certainly does. lacks the authority to institute the in- ing, but this is what your Federal Gov- But the existence of Congressional findings dividual mandate set forth in ernment attorneys argued in this case. ObamaCare, as well as all the State In his opinion, Chief Justice William is not sufficient, by itself, to sustain the constitutionality of Commerce Clause legisla- mandates that are in that law. Rehnquist wrote: tion. As we stated in Lopez, ‘‘simply because The individual mandate requires all The possession of a gun in a local school Congress may conclude that a particular ac- citizens to have some form of health zone is in no sense an economic activity that tivity substantially affects interstate com- insurance, whether they want to have might substantially affect any sort of inter- merce does not necessarily make it so.’’ state commerce. To uphold the government’s it or not. Chief Justice Rehnquist made contentions here, we would have to pile in- He added: it clear in Morrison that just because ference upon inference in a manner that Thus far in our Nation’s history our cases Congress has stated that it has an in- would bid fair to convert congressional au- have upheld Commerce Clause regulation of terest in regulating what kind of thority under the commerce clause to a gen- intrastate activity only where that activity health care Americans purchase—or eral police power. is economic in nature. whether they purchase it at all, wheth- We have seen that over and over In this case, the Court ruled that er they purchase it or don’t purchase where Congress has generated a bigger Congress is not able to use the Com- it—does not make it so.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7881 And it is not a stretch to infer from preme Court is the final arbiter of what He says, ‘‘My people are destroyed for Rehnquist’s decision that he would is constitutional. And that, my friends, a lack of knowledge.’’ We have a tre- have also struck down the individual is not factual. The only arbiter of what mendous lack of knowledge of how mandate, especially given the fact that is constitutional or not is the Constitu- we’ve gotten away from the intent of he opposed the idea of the Commerce tion and what our Founding Fathers the Constitution. Even lawyers and Clause allowing Congress to regulate said about it. justices and judges don’t have a con- anything that could have a substantial If we don’t restore a constitutionally cept of the original intent of the Con- effect on employment, production, limited government, we’re going to stitution. In fact, in most law schools transit, or consumption. lose our freedom, we’re going to lose in this country, even in the course of In a series of articles written by Mat- our liberty. The bright and shining star constitutional law they do not teach thew Clemente of FreedomWorks, he of liberty that’s been over this Nation the Constitution, they do not teach the argues that even in the wildest expan- for over 200 years is upheld by six pil- original intent. They do not teach the sions of the Commerce Clause, the lars. The first of those is a constitu- principles that have made this country cases all involved an individual or com- tionally limited government as our so powerful, so rich, so successful as a pany which was proactively trying to Founding Fathers meant it. The second political experiment, the greatest of all engage in commerce. one is the free enterprise system, unin- of human history. Here, we see the opposite. Individuals hibited by taxes and regulation. The What do they teach? They teach case are being told that in order to go about third is the rule of law, where every- law, where Justices in the Supreme their lives free from penalty, they body, every entity in this country is Court have ruled on the constitu- must purchase a certain product. treated equal under the law. And cer- tionality of a case and have ruled un- Folks, this is socialism. This is not tainly we’re not being treated equally constitutionally. They should be re- freedom and liberty. The argument has under the law today. moved from office because they’re de- never been made that the Federal Gov- The fourth is property rights, where stroying our liberty, they’re destroying ernment can mandate that all citizens people can own and control their prop- our freedom. And it’s up to the Amer- must purchase a certain product. My erty and government cannot interfere ican people to say, no, we’re not going Democrat colleagues mandated it with that ownership. And if it does, if to put up with this anymore; we’re through this bill, through this law, it takes it or devalues it, the Constitu- going to make a change. that the President has demanded, tion says that they should be appro- You see, the most powerful political ObamaCare. If Congress wants to pro- priately compensated for the loss or force in this Nation is embodied in the mote the purchase of health insurance the devaluation of that private prop- first three words of the U.S. Constitu- in a constitutional way, it should pass erty. tion: ‘‘We the people.’’ We the people The fifth pillar that holds up that legislation which is constitutional can make a difference. I want to re- bright and shining star of liberty is the under the original intent of the Com- mind you of what one U.S. Senator, pillar of personal responsibility and ac- merce Clause that would allow individ- Everett Dirksen—former U.S. Sen- countability. And the middle pillar uals to buy coverage across State lines. ator—at one time said. He said when he that holds up the center of the star of This would adhere to the original in- feels the heat, he sees the light. What liberty is the pillar of morality. In tent of the Constitution and would he means is if he’s heading in one di- fact, John Adams said our Constitution rection and enough of his constituents allow people to buy insurance, health is written for a moral and religious contact him and say, buster, you’re insurance, at a much lower price than people. It is wholly inadequate for the heading in the wrong direction, if they can today and would get a whole governing of any other. I hear col- enough people contact him, because lot better products. leagues say, well, you can’t legislate Congresses, Presidents, court judges, morality. They are so wrong. Every he’s going to stand firm on the prin- every public official in this country law, every piece of legislation, no mat- ciple of his reelection, then he will swears an oath. I swore the oath when ter what level of government, is some- begin to see the light. There are Members of this body and I was sworn into the United States Ma- body’s idea of what’s right and what’s the one across the way in the U.S. Sen- rine Corps in 1964. wrong. ate, as well as Presidents and our Pres- b 1500 Every law is legislating morality. idential candidates, that need to feel I swore the same oath in 2007, when I Our Nation was founded on the prem- ises of Biblical truths, on the Judeo- the heat. They need to feel the heat of came and stood behind this podium. In liberty. They need to feel the heat of 2007, I swore to that oath, in 2009, and Christian principles that have made this country so great and have given us ‘‘we the people’’ that demands that dif- 2011. Every Member of this body swears ferent kind of governance, demands to uphold and protect the Constitution the liberty that we have as a Nation. But, friends, we are standing right on going back to the original intent of the against enemies both foreign and do- a precipice. We are staring down into a Constitution. Because if we don’t, our mestic. deep, dark chasm of socialism. And the children and our grandchildren are We have a lot of domestic enemies of question is, are we going to be pushed going to live in a socialistic state such the Constitution. A lot of those domes- off, are we going to leap off and fall as we see in Cuba and Venezuela, we tic enemies of the Constitution are into that deep, dark chasm of social- saw in Communist China and the So- wearing black robes and they’re sitting ism, where we’re going to lose our free- viet Union. on benches in Federal courts all across dom and liberty? Or are we going to We the people have to get up in arms this land. They have violated their turn around and march up the hill of and start building grass fires of grass- oath of office. Every Member of this liberty and regain for this Nation what root support all over this country for body swears to uphold the Constitu- our Founding Fathers fought and died candidates and for Members who are al- tion. There’s violation after violation and sacrificed so nobly for, that lib- ready elected and say we’re not going that occurs right here on this floor. erty? It’s up to us. to put up with this anymore. Think about it: if we don’t have a Right now, today, we are getting the The only arbiter of the constitu- solid foundation upon which to build kind of government that the American tionality is the Constitution and what all our laws, all of our society, then we people have allowed or demanded. We was meant in the Constitution by those have no foundation at all and the soci- cannot afford to do so anymore. We who wrote it. Now, I’m asked all the ety is going to fall; it’s going to fail. As have to turn around and march up that time, Paul, you weren’t around then, we read in Proverbs, God says: hill of liberty and reclaim it and start how do you know what they meant? There is a way that seems right in the eyes rebuilding those six pillars of liberty Our Founding Fathers didn’t have of man, but its path is the way of death. that are being eroded. They’re being video games and TV and the Internet. It’s going to be the death of this Na- eroded by Democrats and by Repub- They wrote. They read. I encourage tion. licans, by conservatives and liberals American citizens all over this country I hear colleagues, particularly on the alike. to read, read what our Founding Fa- other side, say the Constitution is a Going back to that first poster I put thers said about the Constitution. Read living and breathing document; the Su- up here where God talks in Hosea 4:6, what they meant by it. Because if we

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7882 CONGRESSIONAL RECORD — HOUSE November 18, 2011 are destroyed by a lack of knowledge, marching up that hill of liberty? It’s into the budget lines that fund the if you turn that around, think about it, going to be a mountain climb, but we kind of vital, basic research that led to we’re not destroyed with knowledge. can do it. discovery, innovation, and economic Then you go on in Hosea 4:6, God says I’m excited because I see that great growth, because doing so would be, as He’s going to ignore our children, He’s sleeping giant, the most powerful polit- that bit of old folk wisdom goes, like going to reject our children. The future ical force in America, embodied in cutting off our nose to spite our face. of this Nation depends upon we the those first three words of the U.S. Con- Take the budget for the National In- people standing firm and saying we’re stitution, We the People. Our Founding stitutes of Health, for example. The not going to put up with this anymore. Fathers believed in we the people. NIH strongly supports the kind of basic We’re going to go back to the original That’s the reason, when they wrote the scientific research that may not be di- intent. We’re going to do the hard work document they put the letters in such rectly useful in creating practical of knowing what our Founding Fathers large script, much, much larger, prob- products yet, but it’s precisely this said. We’re going to do the hard work ably four or five times larger than the kind of research that can lead to the of demanding of our elected representa- rest of the text in the document, be- future development of new and un- tives that they stand by the principles, cause we the people is the key, that dreamed of biotech and pharmaceutical the foundations that have made this force of we the people. advances. It is work that can lead to country so great, so powerful, so suc- So the question I have to ask today, the kind of advances that will allow cessful. Are we going to jump or be forced down the establishment of new products, into that deep, dark chasm of social- b 1510 grow new businesses, and produce pri- ism, or are we going to be a free peo- vate sector jobs. There are many Members of this ple? Are we going to demand the lib- Studies have shown that the money body that need to feel the heat. There erty? we spend supporting such scientific re- are many of the people in this body It’s up to each and every freedom- search is one of the best investments that need to see the door because they loving citizen in this country today to our country can make. For instance, don’t stand on the Constitution, they demand a different kind of governance. out in Los Angeles, UCLA generates al- don’t uphold the oath of office, they I believe we can do it, I believe we will most $15 in economic activity for every don’t do what they have promised their do it because we the people love liberty taxpayer dollar that it invests, result- constituents and the American people in America. And I’m trusting in we the ing in a $9.33 billion, with a B, impact that they’re going to do. people to do the right thing and de- on the Los Angeles region. There are judges all over this coun- mand constitutional limited govern- In Houston, Texas, the estimated try, Federal judges, that need to be im- ment at all levels. economic impact of Baylor is more peached and removed from office be- God bless you, and God bless Amer- than $358 million, generating more cause they’re not upholding the Con- ica. than 3,000 jobs. stitution. They’re not defending the I yield back the balance of my time. In my own district in New York, Dr. Constitution. They’re not doing what f Samie Jaffrey, a pharmacologist and they promised that they would do. faculty member at Weill Cornell Med- They’re violating their oath of office. THE CRITICAL ROLE OF THE FED- ical College, has just recently devel- It has to stop, and the only way we’re ERAL GOVERNMENT IN SUP- oped a promising new technology for going to stop it is for we the people to PORTING BIOMEDICAL RE- studying RNA in cells and has just stand up and say, no more. We’re not SEARCH started a biotech company, all with going to elect anybody who’s not going The SPEAKER pro tempore. Under NIH support. to uphold the Constitution in its origi- the Speaker’s announced policy of Jan- Time and time again, basic research nal intent. We’ve got to get the hard uary 5, 2011, the gentlewoman from has been a game changer and an eco- work done of restoring those six prin- New York (Mrs. MALONEY) is recog- nomic incubator. Take the bio- ciples, the six principles that have nized for 60 minutes as the designee of technology company Genentech as an upheld that bright shining star of lib- the minority leader. example. It was founded on discoveries erty over this country for so long. Mrs. MALONEY. Mr. Speaker, last that were made within our univer- And I’m excited because we see grass year, when I was chair of the Joint sities, and those discoveries were made roots all over this country beginning to Economic Committee, we held a hear- with financial support of grants from rise up. We see a sleeping giant that’s ing on the pivotal role of government the National Institutes of Health. And beginning to wake up and stretch its investment in basic research. We found those Federal funds proved to be a very arms and legs and beginning to walk. that basic research spurs exactly the good investment. The press calls it the Tea Party. Well, kind of innovations that business lead- Genentech has created over 11,000 there’s not a Tea Party. There are ers, academics and policymakers have jobs, and the company created products many tea parties. There’s all identified as critical for our Na- that have had major effects on the FreedomWorks, there’s Americans for tion’s economic growth. health and economic well-being of our Prosperity. There are groups, grass- But we also found that the private Nation. Genentech developed drugs roots groups like the NRA and Gun sector tends to underfund basic re- that treat certain leukemias and ar- Owners of America and Right to Work search because it is undertaken with thritis and breast cancer. and other groups that believe in the no specific commercial applications in NIH-funded research has also had a Constitution. mind. Businesses, understandably, con- major impact on the lives of those suf- We’re beginning to see the sleeping centrate their research and develop- fering from multiple sclerosis. MS is a giant of we the people waking up. It’s ment spending on the development of painful, painful disease that often time to not only wake up and stretch products and processes that may have strikes young women with children. our arms and legs and to walk, but direct commercial value. Thanks to NIH research, drugs have we’ve got to run. We’ve got to do the A report produced by the Joint Eco- been developed that are now in the hard work of re-establishing liberty in nomic Committee showed that the Fed- marketplace that mean MS patients this country. eral Government funds almost 60 per- now live longer and have higher qual- We’re losing our liberty, friends, and cent of basic research in the U.S. and ity lives. we’re going to lose it all. We’re stand- highlighted one study that estimated Since 1970, over 150 new FDA-ap- ing on that precipice staring down in that actual R&D expenditures in the proved drugs and vaccines or new indi- that deep, dark chasm of socialism. Are United States may be less than half of cations for existing drugs have been we going to allow ourselves to be what the optimal levels would be. discovered in university laboratories, pushed off by courts, by Congresses, by We are now engaged in an important most funded by NIH. And millions of Presidents, Democrats and Republicans national debate about how much and Americans are hoping that somewhere, alike? where to cut Federal spending. And I just over the horizon, there will be new Or are we going to turn around as a wish to make the case for how reckless discoveries and new breakthroughs people and demand liberty and start and shortsighted it would be to cut leading to more effective treatments

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7883 for cancer, Alzheimer’s, Parkinson’s, of NIH and basic research which has ing in there, a spending cap. And Mr. AIDS, autism, bacteria, ADHA, schizo- been so helpful to your great State and AMASH, I haven’t talked to him about phrenia, depression and much more. your great universities and scientists. his reasons for voting no, and Mr. Mr. GOHMERT. Thank you. I cer- b 1520 DREIER, who doesn’t believe we should tainly appreciate my friend from New have one at all. But treating these and other diseases York. It’s really not fun not voting with will depend on discoveries yet to be There are some areas of research that the people that you serve with, that made. Discoveries of basic science. Dis- if the Federal Government doesn’t do you’re in the same party with. You coveries that can only be made with it, it’s not going to get done, and I’m share so much in the way of common Federal funding and the work of agen- sure there are areas we can certainly experiences. Because I am a strong ad- cies like the NIH. I suspect that to agree on. vocate for a balanced budget amend- some this might just sound like pie in BALANCED BUDGET AMENDMENT ment. the sky. Mr. GOHMERT. I wish I were coming But the bill on the floor today did But just think back into our not too to the floor just full of excitement be- not have a spending cap. This past distant past. Think back to the polio of cause we had a vote today on the bal- year, we had just witnessed the largest the 1950s, to the children who were anced budget amendment. I came to wave election since the 1930s. And all of crippled and to the patients in iron Congress nearly 7 years ago believing the over 80 new freshmen came forward lungs. Think about 30 years ago, when we needed a balanced budget amend- with one central charge: stop the almost all the children who were diag- ment, knowing that Thomas Jefferson wasteful government spending. nosed with non-Hodgkins lymphoma regretted not having one, that Ronald Following a pledge to make massive were not expected to live more than 5 Reagan wished there had been one. But cuts in spending, it really appears that years. Think back to the time when since I have been in this body, it has Congress finds it easier to talk about AIDS was the equivalent of a death become abundantly clear that this ‘‘new revenue’’ which is just code for sentence. Polio is now eradicated. The body is more likely to have the will to more taxes, than to cut spending. 5-year survival rate for NHL is over 84 raise taxes than it is to cut spending. It doesn’t live up to the pledge that percent, and AIDS is treatable, surviv- I came here not believing that that we made. able. was the case. But after we added over We made a pledge to the American This is all because of basic research, 80 fantastic freshmen coming up here people to restrain government and to much of which was funded by the NIH. with the right motivation, wanting to get our fiscal house in order. And we Because of the basic research we have get our fiscal House in order, knowing should be doing it. Eleven months into funded and made possible. Because of that we went from 2006, when we were this majority, we should have made our past investments in our Nation’s last in the majority before this year, more progress than we have. future. The Founding Fathers had the when we spent $160 billion or so over President Obama has ramped up wisdom and the foresight to write into what we took in, and then, because we spending with the help of former the Constitution a role for the Federal didn’t have our fiscal house in order as Speaker PELOSI, Leader REID, both ma- Government in promoting the progress the Republican majority, it’s my belief jorities in the Houses when they were of science and useful arts. If we are to that’s the reason, the biggest reason, Democrats, by over an additional tril- remain competitive in the global econ- actually, that the public turned over lion dollars. It’s far more than the omy, if we hope to remain a leader in the reins to our Democratic friends. We Democratic Congress increased the biotechnology, if we hope to continue haven’t done a good job of avoiding debt under President Bush in 2007 and to advance the world’s understanding overspending. 2008. and treatment of diseases such as can- But also in 2006, November, when we b 1530 cer and Alzheimer’s disease, we must lost the majority, I would never have continue to invest in the basic research believed that we would go from a time It just is mind-boggling that we and in the dedicated young scientists when we were spending $160 billion could not find enough Members to re- who make it all possible. more than we were bringing into the turn even to the liberal Democratic I yield back the balance of my time. Treasury in just a few short years to spending of 2007 or 2008. It’s clear that, f spending a trillion dollars more than if we had passed a balanced budget we were bringing into the Treasury. amendment without at least having a THANKSGIVING That was just unfathomable. And it ap- spending cap, then future Congresses The SPEAKER pro tempore. Under peared very clear that after a year ago, would use the requirement of a bal- the Speaker’s announced policy of Jan- when the majority—we were in the mi- anced budget to increase taxes in order uary 5, 2011, the gentleman from Texas nority at the time—made a pledge, we to balance the budget. (Mr. GOHMERT) is recognized for 30 min- were going to return to pre-bailout, We are already at a point at which utes. pre-stimulus spending, and in the first almost 50 percent of the American pub- Mr. GOHMERT. Thank you, Mr. year, we pledged we would cut $100 bil- lic is not paying income tax. We are on Speaker. lion. the threshold of arriving at that point Even though this body is composed of And here we are, we have just at the beyond which no representative soci- a lot of people who have a lot of dif- end of September finished the fiscal eties have ever been able to come back ferent political steadfast beliefs, it is year of 2011, and we really didn’t make to greatness. When one more than half still an honor and pleasure to serve any cuts. The jury’s out. Initially we who is voting is receiving more from with friends like CAROLYN MALONEY. were told we may save $27 billion over the government than they’re putting So it is an honor to serve, and even the year before. It is just chicken feed in, you’re done. You’re doomed. It’s though we disagree sometimes on the when you’re bringing in $2.2 trillion or over. All that’s left is the slow walking way we get to the end, I know that, for $2.3 trillion and you’re spending about and the low talking, but you’re vir- example, Mrs. MALONEY’s heart is al- $1.3 trillion more than that, $3.6 tril- tually at the end. ways in the right place. lion, $3.7 trillion. And all we could find And we are getting close. It is a pleasure to serve with her. to cut was $27 billion? On Wednesday, the national debt ex- Mrs. MALONEY. Will the gentleman Then we have had more recent word ceeded $15 trillion, which left the yield? that we may not even save that much. United States with one of the highest Mr. GOHMERT. Certainly. Some have told me that actually we public debt-to-GDP ratios in the world. Mrs. MALONEY. I would like to may have spent just a hair more than This $15 trillion mark further enhances thank you for that very kind state- we did. the uncertainty that is thwarting our ment, and I look forward to finding So it became abundantly clear to me, economy from moving ahead. It’s ap- common ground on things we can agree and I know that my friend, Chairman parent America is on a route headed on and work to help the economy and PAUL RYAN, voted against the balanced for ruin, and if we continue to spend growth of this great Nation, and I hope budget amendment because he knew it more money that we don’t have, we you can help and support the funding ought to have more restraint on spend- will arrive at that destination.

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7884 CONGRESSIONAL RECORD — HOUSE November 18, 2011 Washington, this government, needs George Washington proclaimed the fol- In the midst of a civil war of unequaled to stop the runaway train of spending. lowing: magnitude and severity, which has sometimes seemed to foreign States to invite and This President’s policies have added Whereas it is the duty of all nations to ac- to provoke their aggression, peace has been knowledge the providence of Almighty God, $4.4 trillion to the national debt, all in preserved with all nations, order has been to obey His will, to be grateful for His bene- a fraction of the time that that debt maintained, the laws have been respected accumulated under President George fits, and humbly to implore His protection and obeyed, and harmony has prevailed ev- W. Bush. If we’d at least had a spending and favor; and whereas both Houses of Con- erywhere except in the theatre of military cap as part of the balanced budget gress have, by their joint committee, re- conflict; while that theatre has been greatly quested me to recommend to the people of contracted by the advancing armies and na- amendment, which wasn’t even de- the United States a day of public thanks- manding the two-thirds supermajority vies of the Union. Needful diversions of giving and prayer, to be observed by ac- wealth and of strength from the fields of in order to raise taxes—just a spending knowledging with grateful hearts the many peaceful industry to the national defence, cap, make it a relevant spending cap— and signal favors of Almighty God, espe- have not arrested the plough, the shuttle or then what we voted out of committee cially by affording them an opportunity the ship; the axe has enlarged the borders of in the regular order—which we prom- peaceably to establish a form of government our settlements, and the mines, as well of ised that we wouldn’t bring bills to the for their safety and happiness. iron and coal as of the precious metals, have floor unless they went through the reg- Now, therefore, I do recommend and assign yielded even more abundantly than here- Thursday, the 26th day of November next, to ular order—produced a balanced budget tofore. be devoted by the people of these States to Population has steadily increased, not- amendment that had a two-thirds re- the service of that great and glorious Being withstanding the waste that has been made quirement in the way of a vote before who is the beneficent author of all the good in the camp, the siege and the battlefield; taxes could be raised. It had an 18 per- that was, that is, or that will be; that we and the country, rejoicing in the conscious- cent spending cap, where 18 percent of may then all unite in rendering unto Him ness of augmented strength and vigor, is per- the GDP was the most we could spend. our sincere and humble thanks for His kind mitted to expect continuance of years with That was produced through the regular care and protection of the people of this large increase of freedom. No human counsel order, but that’s not what we voted on country previous to their becoming a nation; hath devised nor hath any mortal hand for the signal and manifold mercies and the worked out these great things. They are the here today. gracious gifts of the Most High God, who, I deeply regret having to vote ‘‘no,’’ favor, able interpositions of His providence in the course and conclusion of the late war; while dealing with us in anger for our sins, but I’ve seen what we’re capable of and for the great degree of tranquillity, union, hath nevertheless remembered mercy. what we’re not; and we need it in the and plenty which we have since enjoyed; for It has seemed to me fit and proper that Constitution that the budget must be the peaceable and rational manner in which they should be solemnly, reverently and balanced and that a spending cap must we have been enabled to establish constitu- gratefully acknowledged as with one heart be there. tions of government for our safety and hap- and one voice by the whole American People. Some have said, Well, States don’t piness, and particularly the national one I do therefore invite my fellow citizens in now lately instituted; for the civil and reli- every part of the United States, and also really have a spending cap. They can’t those who are at sea and those who are so- gious liberty with which we are blessed, and print their own money. They can’t go journing in foreign lands, to set apart and the means we have of acquiring and diffusing out and borrow money the way we do observe the last Thursday of November next, useful knowledge; and, in general, for all the in the Federal Government. It’s dif- as a day of Thanksgiving and Praise to our great and various favors which He has been ferent, and it needed to be addressed beneficent Father who dwelleth in the Heav- pleased to confer upon us. ens. And I recommend to them that while of- differently. And also that we may then unite in most fering up the ascriptions justly due to Him We were told, Well, we had to vote humbly offering our prayers and suppli- for this as Republicans because it’s the for such singular deliverances and blessings, cations to the great Lord and Ruler of Na- they do also, with humble penitence for our only one that had a chance to pass. tions, and beseech Him to pardon our na- national perverseness and disobedience, com- Then, on further inquiry, we were told tional and other transgressions; to enable us mend to His tender care all those who have the people who were saying that didn’t all, whether in public or private stations, to become widows, orphans, mourners or suf- believe it was going to pass the Senate, perform our several and relative duties prop- ferers in the lamentable civil strife in which that they knew it wouldn’t pass in the erly and punctually; to render our National we are unavoidably engaged, and fervently Government a blessing to all the people by implore the interposition of the Almighty Senate, and didn’t think it had much constantly being a Government of wise, just, chance of passing in the House. Then Hand to heal the wounds of the nation and to and constitutional laws, discreetly and faith- restore it as soon as may be consistent with why weren’t we pushing what came out fully executed and obeyed; to protect and the Divine purposes to the full enjoyment of of regular order?—which is what I guide all sovereigns and nations (especially peace, harmony, tranquillity and Union. think most of the Republicans believed such as have shown kindness to us), and to In testimony whereof, I have hereunto set was the best bill. bless them with good governments, peace, my hand and caused the Seal of the United I don’t know. and concord; to promote the knowledge and States to be affixed. I also know, in going back through practice of true religion and virtue, and the Done at the City of Washington, this Third this country’s history, that, even dur- increase of science among them and us; and, day of October, in the year of our Lord one ing some of its most difficult and dark- generally, to grant unto all mankind such a thousand eight hundred and sixty-three, and degree of temporal prosperity as He alone of the Independence of the Unites States the est days, there was a day set aside, knows to be best. Eighty-eighth. sometimes many days set aside, for By the President: Abraham Lincoln. thanksgiving. Signed by George Washington in 1798. Mr. Speaker, may I inquire as to how But in the darkest throes of this b 1540 country, in 1863, during a war that saw much time remains? We all know—or hopefully most the death of more Americans than in The SPEAKER pro tempore. The gen- know that John Hancock presided over any war in our history—more than the tleman has 19 minutes remaining. the Continental Congress from which Revolution, more than World War I, Mr. GOHMERT. I want to share a we got the Declaration of Independ- World War II, Vietnam, Korea, more Proclamation of Thanksgiving from ence. In 1791, he was Governor of the than any of the wars—the Spanish- the year 1798, signed by President Commonwealth of Massachusetts and American War—there was this procla- George Washington. signed this proclamation, from John mation from President Abraham Lin- In 1798, it was toward the end of Hancock: coln simply entitled ‘‘A Proclama- President Washington’s time as Presi- In consideration of the many undeserved dent. It was a difficult time; we were tion.’’ Blessings conferred upon us by God, the Fa- not a strong Nation. We were strug- Lincoln said this: ther of all Mercies; it becomes us not only in gling, and some thought we ought to The year that is drawing towards its close, our private and usual devotion, to express run to the aid of France; but their con- has been filled with the blessings of fruitful our obligations to Him, as well as our de- victions in France did not appear to be fields and healthful skies. To these bounties, pendence upon Him; but also specially to set based on sound doctrine and a desire which are so constantly enjoyed that we are a part a day to be employed for this great prone to forget the source from which they and important purpose: I have, therefore, for liberty. There was too much envy come, others have been added, which are of thought fit to appoint, and by the advice and and jealousy involved in that revolu- so extraordinary a nature, that they cannot consent of the council, do hereby accordingly tion, and we were not a strong Nation. fail to penetrate and soften even the heart appoint, Thursday, the seventeenth of No- Despite all the difficulties in the which is habitually insensible to the ever vember next, to be observed as a Day of Pub- United States in those early days, watchful providence of Almighty God. lic Thanksgiving and Praise, throughout this

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7885 Commonwealth: Hereby calling upon min- day of Thanksgiving in the week Do you remember 1986? That was the isters and people of every denomination, to ahead. last time we fundamentally overhauled assemble on the said day—and in the name of With that, I yield back the balance of the Tax Code. 1986. In fact, if you go to the Great Mediator, devoutly and sincerely my time. www.Thomas.gov, like I suggested, and offer to Almighty God, the gratitude of our hearts, for all His goodness towards us; more f you look at the laws and regulations, especially in that He has been pleased to THE FAIR TAX you’ll see the Tax Code of 1986. It was continue to us so a great a measure of the Tax Code of 1954, updated Tax Code health—to cause the Earth plentifully to The SPEAKER pro tempore. Under to 1986. That was the last time we flat- yield her increase, so that we are supplied the Speaker’s announced policy of Jan- tened rates and broadened the basis. with the Necessaries, and the comforts of uary 5, 2011, the gentleman from Geor- Flattened the rates and broadened the life—to prosper our merchandise and fish- gia (Mr. WOODALL) is recognized for 30 base. And where did we end up? Be- ery—and above all, not only to continue to minutes. tween 1984 when we had 26,000 pages of us the enjoyment of our civil rights and lib- Mr. WOODALL. Mr. Speaker, this is Tax Code and regulation, we went erties; but the great and most important my first time down here as a freshman through this process of simplifying the blessing, the Gospel of Jesus Christ: And to- during Special Orders, my first time income tax, and 10 years later in 1995, gether with our cordial acknowledgments, I trying to coordinate charts and talk do earnestly recommend, that we may join we have 40,000 pages of Tax Code. By the talk and walk the walk all at the the penitent confession of our Sins, and im- simplifying the income tax, we grew it same time. plore the further continuance of the divine from 26,000 pages to 40,000 pages. protection, and blessings of heaven upon this But I’m excited about it because I’m down here to talk about the Fair Tax. Now, Mr. Speaker, if you’re like me, people; especially that He would be gra- you go out and you shop around. Are ciously pleased to direct, and prosper the ad- And if folks don’t know what the Fair you going to use the H&R Block tax ministration of the Federal Government, and Tax is, it’s H.R. 25. You can find it at of this, and the other States in the Union— www.thomas.gov, that site that every- software? Are you going to use the to afford Him further smiles on our agri- body should have bookmarked if you Microsoft tax software? What kind of culture and fisheries, commerce and manu- care about what goes on here on the tax software are you going to use, be- factures—to prosper our university and all House floor. Because if you don’t know, cause you hate paying accountants to seminaries of learning—to bless the everything that goes on here is avail- do your taxes for you. virtuously struggling for the rights of men— You know, I used to just sit down so that universal happiness may be allies of able in realtime at www.thomas.gov. It’s done through the Library of Con- with a pen and paper and do it myself. the United States, and to afford His al- I used to go through with my calcu- mighty aid to all people, who are established gress. It’s not a Republican thing or a in the world; that all may bow to the Scepter Democrat thing. It’s just the real deal, lator and do it myself, but it has got- of our Lord Jesus Christ, and the whole what’s actually happening down here. ten too complicated. Why? Because Earth be filled with His glory. And if you go and you look up H.R. since I have reached the age of major- And I do also earnestly recommend to the 25, it’s the Fair Tax. What the Fair Tax ity in 1988, here we have 1995 when I’m good people of this Commonwealth, to ab- is is a bill that repeals all income- coming out of college, between 1995 and stain from all servile labor and recreation, based Federal taxes and replaces them 2004, we added another 20,000 pages to inconsistent with the solemnity of the said with consumption-based taxes. the Tax Code, from 40,000 pages to day. Given at the Council-Chamber, in Bos- 60,000 pages. In 2007, to 67,000 pages; ton, the fifth day of October, in the year of Now, my friend from Texas (Mr. our Lord, One Thousand Seven Hundred and GOHMERT) was just down here on the 2008 kept it to just a little over 67,000 Ninety-One, and in the sixteenth year of the House floor, Mr. Speaker. He was talk- pages. And in 2009, it jumped another Independence of the United States of Amer- ing about our Founding Fathers and 3,000 pages; 70,000 pages of tax legisla- ica. those things that were happening be- tion. This is from James Madison, the tween 1776 and 1787. And in that time, And to be clear, Mr. Speaker, when fourth President, 1815. Many credit we funded all the Federal Government we talk about tax legislation, we’re James Madison as being the most pro- with consumption taxes—it was not in- talking about the ways in which the ductive person in the writing of our come taxes; it was consumption taxes— government separates you and me and United States Constitution. The great- under the theory that if you had all of the American people from our est building block for any Nation in enough resources to go out and buy paycheck. That’s all there is in the Tax the history of man. that silver tea set from England, then Code. All the Tax Code is, is how do we This is James Madison’s proclama- you had enough resources to help fund separate the American people from tion: the Republic. And if you spent all your their productivity? It takes 70,000 pages in 2009 to sort that out. And No people ought to feel greater obligations time working on your farm, and you to celebrate the goodness of the Great Dis- just barely had enough money to buy 71,000 pages in 2010. And now, 72,000 poser of Events of the Destiny of Nations thread at the local five-and-dime, then pages of Tax Code in 2011. than the people of the United States. His we weren’t going to tax you as heavily. Folks, what the FAIR Tax does, H.R. kind providence originally conducted them 25, it asks the question that if we could to one of the best portions of the dwelling b 1550 start from scratch—and by scratch I place allotted for the great family of the If you look at this poster, Mr. Speak- mean from the 72,000 pages that we do human race. He protected and cherished er, in 1913, right before the income tax today, to just a blank sheet of paper— them under all the difficulties and trials to began, we had 400 pages of Tax Code in if you could start from scratch and which they were exposed in their early days. America. Just the last century, in the Under His fostering care their habits, their draft the Tax Code that America ought sentiments, and their pursuits prepared 1900s, 400 pages of Tax Code and regula- to have instead of the one that has them for a transition in due time to a state tions. By World War II, that 400 pages been forced upon us, what would you of independence and self-government. had grown to 8,000 pages, 20 times as do? What would you do? Signed James Madison, fourth Presi- much Tax Code by the end of World Well, there’s a lot of difference of dent, March 4, 1850, Thanksgiving Day War II. By the time we were in Korea, opinion on what to do, but simplifica- proclamation. 14,000 pages of code and regulation. By tion seems to be one of those things And then in conclusion: the 1970s, 19,000 pages of code and regu- that we can all agree on. lation. And in the 1980s, 26,300 pages of You know, I didn’t come to this Know that the Lord Himself is God; It is He who has made us, and not we ourselves; Tax Code and regulation. House to try to be a good Republican. We are His people and the sheep of His pas- Now, Mr. Speaker, I’m a reader. I I came to this House to try to be a good ture. Enter His gates with thanksgiving and love to sit down and educate myself American, and there are lots of oppor- His courts with praise. Give thanks to Him, through the written word; but I have to tunities to do that. I like to think bless His name. For the Lord is good; His tell you, 26,000 pages of Tax Code and those things occur simultaneously loving kindness is everlasting and His faith- regulation is going to make a criminal more often than not. But look at what fulness to all generations. out of all of us because you can’t pos- folks are saying about the United Mr. Speaker, it is the wish here that sibly understand all of the ramifica- States Tax Code. you and all those in this body and tions of the tax consequences of your I’ll quote House minority leader around the country have a wonderful decision. NANCY PELOSI: Any tax reform and

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7886 CONGRESSIONAL RECORD — HOUSE November 18, 2011 closing of loopholes, which is really their tax director says instead of what Do you remember those productive important for us to do as a sense of their engineer designs or factories years? I think that’s when the yuppie fairness, must also reduce the deficit. produce, and that puts our entire econ- label came around and folks were buy- Right, because if you close the loop- omy at a disadvantage. ing all their fancy automobiles and the holes, if you close all of the lobbyist- That’s true. Talk to any small busi- first of the big houses. I was just com- funded loopholes, close all of the spe- ness owner, find anybody who’s at a ing of age in that time, but I remember cial exemptions and exceptions and CFO or CEO level in a business close to the conspicuous consumption. And carve-outs, by definition it brings in you and ask that question: Are you why? Because America was creating more money. making business decisions, or are you wealth. And then what happened? Mr. Speaker, did you get the free golf making tax decisions? Here’s the tax increase of the Clinton cart in the 2009 tax bill? Does anyone And every single time they make a years, bumps right up there, and you want to admit to having gotten the tax decision instead of a business deci- see a flat line of American corporate free golf cart? sion, America loses. Their shareholders taxation at about 39 percent, that flat In 2009, in the name of a good energy may win in the short term. Profits may red line of corporate taxation. Fair bill, in the name of green energy, we in gain in the short term. But when we in enough. I prefer predictability. I think the wisdom here in the U.S. House and America decide we’re going to do some- we ought to know the direction things across the way in the United States thing to comply with these ridiculous are going, and I think we ought to be Senate, of course I wasn’t here at that 75,000 pages of Tax Code, instead of able to plan to make business deci- time, but in our wisdom we created a doing what’s best for business, instead sions. tax credit, a $6,500 tax credit if you of what’s best for customers, instead of Here is a very predictable line of cor- would go out and buy an electric vehi- what makes sense, America loses. And porate taxation. But what’s the rest of cle. in these challenging economic times, the world doing? While America has a Well, Americans are smart, and I love we cannot lose that productivity. very predictable 39 percent tax rate, that about America. We are ingenious Let me go back to President Barack what’s the rest of the world doing? Get- folks. And what folks figured out was Obama. He says this: We need to make ting lower and lower and lower. Lower that the $6,500 that folks were giving America the best place on Earth to do and lower and lower and lower. Folks, them if they’d go out and buy an elec- business. The Tax Code is a barrier do you know who can’t leave America? tric vehicle, if you put brake lights, government can remove, a burdensome The American worker. Folks in my dis- seat belts and side view mirrors on corporate Tax Code with one of the trict. They can’t leave. Capital can your golf cart, you could get yourself a highest rates in the world. leave. A click of a mouse and you can free golf cart. Hear that. We talk so much about take a billion dollars and move it over- Well, it turns out, because we Republicans and Democrats. Here, seas. If you have a business in America, produce golf carts in the great State of common sense coming from the Presi- you can pack up your bags and go. I Georgia, you couldn’t actually get an dent of the United States: We need to talk to CEOs every day who do exactly American golf cart for $6,500. But our make America the best place on Earth that. They say, Rob, it’s just not worth friends in China were willing to import to do business. A barrier government it doing business in America. a golf cart to America for $6,500, Mr. can remove is a burdensome corporate Why? Because we’re not competitive. Speaker. Tax Code with one of the highest cor- Do you want to talk about growing And so in the fall of 2009 and the porate tax rates in the world. jobs? Mr. Speaker, let’s talk about spring of 2010, the IRS had to release Folks, that’s agreement. I will tell keeping the jobs that we’ve already guidance—hear this, Mr. Speaker—the you, if I had to characterize him, Mr. got. IRS had to release guidance that said Speaker, I would tell you that the I see in the Chamber my friend from when we first crafted the free golf cart President sits a little further to the Iowa, Mr. STEVE KING, who has strug- regulations, we said you actually had left than I do. If I had to characterize gled with these issues firsthand and to have delivery of the cart by Decem- my own voting record, I’d say I sit a who I know understands as a small ber 31. But so many Americans are try- little further to the right than most businessman before he came to this ing to avail themselves of the free golf folks here in this House. But this is House what it means to be out there cart provision that we’re going to common is ground that we can all trying to make payroll and trying to change the rules here in late December agree on. stay competitive. and say really all you need is a VIN Let me just show you what that tax And if the gentleman would indulge number from the manufacturer, and rate is. me, what do you think it would mean that’ll give them several more months for jobs in America if we got this U.S. b 1600 to fill all the orders. corporate tax rate line below that Really, Mr. Speaker? Is that what we I hope the colors are showing up, Mr. world average, if we, once again, made need in the Tax Code, a Tax Code that Speaker, for folks back in their offices it competitive to build jobs in Amer- distributes free golf carts to folks who watching on TV because the red line ica? likely didn’t even want a golf cart but here is the U.S. corporate tax rate. The Mr. KING of Iowa. If the gentleman it was free, and so they availed them- blue line is the OECD average exclud- would yield. selves of it? ing the U.S. Now the OECD is that Mr. WOODALL. I would be happy to NANCY PELOSI agrees with me that we group of developed nations around the yield. need to get rid of those loopholes. world, those folks that we would say Mr. KING of Iowa. I’d pose a question Senate majority leader HARRY REID: have free economies and growing back. What do you think about taking Our tax system is broken and needs to economies. it to zero? be fixed. This chart goes back to 1981. It goes Mr. WOODALL. Taking it to zero? Let’s take the poll, Mr. Speaker. back to the beginning of the Reagan Mr. KING of Iowa. Yes. Let’s go to the most liberal Democrat era. You see America’s corporate tax Mr. WOODALL. Why not take it to in the House, to the most conservative rate higher than the average tax rate zero? Well, I’ll tell you what I might Republican in the House, who doesn’t in the rest of the world. This is that hear back home, I say to my friend. agree with majority leader HARRY tax reform that I talked about in 1986 And what do you want to do? Do you REID? Our tax system is broken and where you see the tax rate dramati- want to give business a free pass? Be- needs to be fixed. cally drop—dramatically drop—and for cause my understanding is there are And we have the ability to start with a short period of time, Mr. Speaker, we only two places we can get taxes. We a blank sheet of paper and make it the became, on the red line, more produc- can either take them from me or we way we want to make it. Listen to our tive and more competitive with the can take them from McDonald’s. And President, Mr. Speaker. rest of the world as the rest of the wouldn’t I rather tax McDonald’s than This is President Barack Obama: world was on the blue line. tax me? You’ve got too many companies ending And look at those years. Do you re- Mr. KING of Iowa. Of course we know up making decisions based on what member those years—1988, 1989, 1990? if the gentlemen would yield——

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7887 Mr. WOODALL. I’d be happy to yield. Why not take the corporate tax rate think I paid a lot more than that for Mr. KING of Iowa. The folks that are to zero so we will be the most competi- this haircut. But as you think about buying food in McDonald’s are going to tive economy in the world? what the gentleman from Iowa said pay the tax if we try to get it from I yield to my friend. about where costs are hidden, where McDonald’s. So we know corporations Mr. KING of Iowa. Just to explore taxes are hidden, I paid $10 for this don’t pay taxes; they are aggregators that a little further and that would be, haircut. But Derek, my barber, he had of taxes that are paid by individuals, looking at the corporate tax structure, to pay 15.3 percent in self-employment by consumers on the last stop. And so there’s corporate income tax, and then taxes. So $1.50 of that $10 went straight they’re efficient aggregators of those there are all of the wages that are paid to the Federal Government in self-em- taxes. They are actually the tax collec- out in payroll taxes to the employees. ployment taxes. Now he’s a good bar- tors on behalf of the Federal Govern- And of course one of the most regres- ber, so I suspect he is in higher than ment. The corporations that collect sive taxes we’ve is the payroll tax. And the 15 percent tax bracket, but let’s taxes don’t pay them; they transfer it so one might argue that, well, those just say for the sake of argument, he’s through them by the way they charge taxes are paid by the corporation, that in the 15 percent income tax bracket. us for the $152 billion a year that it half of the payroll, that .0765 that I So out of my $10 haircut, he had to costs to comply with the Federal Tax have multiplied so many times with take a $1.50 right off the bat and send Code. my employees that I’ve had over the it to the government in self-employ- And so I find it an act of frustration decades. And of course that .0765 which ment taxes, then take another $1.50 to seek to try to collect taxes from cor- is half of the 15.3 percent in payroll right off the bat and send it to the Fed- porations when what I’m really doing tax, half comes out of the employer, eral Government in income taxes. So is adding to the administrative costs half comes out of the employee. for the $10 haircut he charged me, he’s for corporations so they add the taxes However, the half that comes out of only taking home $7 to feed his wife and the administrative costs on to the the employer would be wages for the and kids. So is it a $10 hair cut, or is it cost of the goods that have to be com- employee because it is a cost of doing a $7 haircut? petitive in this marketplace, and that business, it’s a cost of competitiveness. What we tell Americans is, oh, we’re makes it that individuals pay taxes. And so when we add into the price of going to lower your tax burden. But But it also means that jobs go overseas the goods and services provided by cor- what we’ve done is to hide that tax because corporations that are taxed in porations, and I don’t mean just cor- burden in the cost of everything we America are at a disadvantage to the porations, they can be LLCs, they can buy because if Derek didn’t have to pay corporations that are overseas who be partnerships, sole proprietorships, those $3, he’d be charging me $7 for a aren’t very good aggregators of Amer- you name it, a business entity that haircut, and he would still take $7 ica’s tax dollars, and so they have to hires employees and/or provides goods home to feed his kids. raise the taxes here more. and services for retail market or sup- b 1610 That’s kind of the vision that I see plies to those who do, all of that struc- that I would lay out here for the gen- ture of their taxes is built into the To have an honest discussion about tleman from Georgia. And we’ve got a price. what kind of spending we ought to do long ways to go before America em- And a fair amount of research brings in this place, I think we have to bring braces the concept that I think will us to a number that is generally con- all of those hidden taxes out of price. solve this problem. sidered to be about 22 percent of the re- Not only does it make us more com- Mr. WOODALL. But you ask the all tail price of goods and services sold in petitive, as you suggested, but it important question, I say to my friend. the United States as the tax compo- makes it possible for us as Americans Why not take the rate to zero? Why are nent paid by the suppliers that get it to have an honest discussion about is we arguing about whether it ought to into the marketplace and in the end government doing too little or is gov- be 25 or 23? I just quoted the President paid by the consumer. ernment doing too much. of the United States. He said, let’s So those corporations that move And I think, as you suggested the make America the most competitive overseas have a different tax structure, studies suggest, it’s about 22 percent of place in the world to do business. Well, but those products that come in from the cost of everything that we buy, on if we were to lower it to 10, maybe overseas have a 28 percent marketing average, that is hidden taxes that we somebody else is going to lower it to 9. advantage over the products produced think we’re getting away with, but If we lower it to 8, maybe somebody here in the United States because they that we are actually paying at the else lowers it to 7. What if we take it to don’t have the burden of U.S. corporate checkout counter. zero? And I have voiced my concern taxes, and that includes the payroll Mr. KING of Iowa. If the gentleman that, well, if you take it to zero, that taxes that are part of that taxing would yield, I’d slip another anecdote means I, as the American consumer, structure. into this that comes from just last have to pay all the taxes because cor- So I’d say that if we can remove the weekend. I was over in eastern Iowa porations won’t be paying taxes any- taxes from productivity in America, we doing an event, and I happened to get more. end up with a 28 percent marketing ad- reacquainted with a young gentleman And what my friend, who has years vantage for U.S.-made products over by the name of Michael Dicks. Now, he and years, decades and decades of expe- those made in foreign countries. is 13 years old; soon he’ll be 14. But rience in the private sector says is, And by the way, one more thing: I when he was 8 years old—I’ve told this there’s no secret drawer where Amer- would not have picked up a nice Geor- story in the CONGRESSIONAL RECORD in ican businesses get the money to pay gia company like Coca-Cola to use the past—he saved up his money to go taxes. I go out and I buy a Coca-Cola. them as an example, but then that’s buy a little box of Skittles. So he had Where does Coca-Cola get the money to just me. his change counted out just right in his pay taxes? They charge it to me in the Mr. WOODALL. As Coca-Cola is pocket—89 cents for a box of Skittles— price of the product. spread out all over the world, where and had to reach up to the counter, I My friend is saying that the only tax- they happen to have their corporate presume, and got his Skittles off the payer in America today is the Amer- headquarters in Atlanta, but for how shelf and put them up on the counter. ican consumer. There is no other tax- long? But for how long? We talk so And he counted out his 89 cents and the payer. Businesses don’t pay taxes—peo- much about trying to grow jobs in checker rang it up and said, that will ple pay taxes, whether it’s the CEO of America. What about just trying to be 96 cents. And he said, but the price that business who has a high salary keep the jobs that we’ve got? What says 89 cents. And the checker said, but and he pays taxes on his salary, wheth- about just trying to make it a joy to do you have to pay the tax—that’s the er it’s the consumer of that business business in America instead of making sales taxes in Iowa—so that’s 96 cents, who pays in a higher price, or whether it a hassle to do business in America? young man. it’s the shareholder of that business You might not believe this, Mr. And he turned to his dad and he said, who pays through lower dividends and Speaker, but this is a $10 haircut I just Dad, I have to pay taxes on Skittles? lower rates of return. got over the weekend. You probably What a painful experience for an 8-

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H7888 CONGRESSIONAL RECORD — HOUSE November 18, 2011 year-old young man. But think of what would move towards a majority voting on both sides of the aisle, because what that means if our taxes are trans- themselves benefits from the public the Fair Tax says is we’re not going to parent. That young man is going to treasury. manipulate your behavior through the grow up to be a conservative. He’s So that is one of the reasons that we Tax Code anymore. Because the Tax going to put fewer demands on govern- have a Republic instead of a democracy Code allows us to say, if you buy wool ment. He’s going to demand one is because those of us who are elected sweaters, we’re going to give you a tax thing—less taxes, less services. We’re as representatives of the citizens of the credit; if you buy polyester sweaters, going to want to have more personal Republic are to have a higher responsi- we’re going to take taxes away from and individual responsibility, and we’re bility than to listen to, let’s say, peo- you. If you go out and buy Levi’s jeans, going to let people provide for their ple who want the fruits of someone we’re going to give you a tax credit; if own security in a lot of ways and else’s labor and don’t want to labor you go out and buy Lee jeans, we’re achieve on their own. That is a cul- themselves. going to take taxes away from you. tural transformation that comes if you And so we’re at this situation now Over and over and over again we de- have a transparent tax and if you take where, in the early part of this coun- cide who’s supposed to win and who’s the tax and stop punishing produc- try, there was a policy that you had to supposed to lose, and we punish or re- tivity and put it on consumption. be a land-owning male of age and other ward the American people and the Mr. WOODALL. Well, I would say to qualifications in order to vote because American small business environment my friend, you talk about cultural they wanted the public policy to be es- through the Tax Code. And what you transformation, I would tell you that tablished by people that had skin in and I have said in the Fair Tax is, I transformation is actually taking us the game. And today we saw a con- don’t want that power in Washington. I back to that entrepreneurial, self-reli- stitutional amendment requiring a bal- give that power back to the American ant experience that America began as a anced budget fail here on the floor of people. You choose what kind of jeans Nation. This business of hiding taxes the House of Representatives. I’d like you want to wear. You choose what and trying to make people think to have seen a stronger one, but it kind of sweater you want to buy. You they’re getting something for nothing, failed here on the floor of the House. choose whether you want a golf cart or that’s a relatively new experience in And that was a constitutional amend- not. American culture, and it has trans- ment with a cap at 18 percent of GDP We are not in the business of picking formed this country. and a supermajority to raise taxes. winners and losers. We’re in the busi- I’m big on saying you’ve got to have Put some of that philosophy back in ness of raising as little revenue as is skin in the game. To make good deci- where it requires a supermajority to necessary to run this Federal Govern- sions you have to have skin in the raise taxes, there is a restraint there ment. And that takes power away from game. Right now, 50 percent of the that brings back some of that philos- this body right here. And it is only American population isn’t paying any ophy that helps offset the disadvantage those folks who believe that the Amer- income taxes. They don’t think they that the working American has today ican people are still smarter than you have skin in the game. Now, they do who’s paying those taxes. Your barber and I are who want to return that because they’re paying tax in all of is at a disadvantage because some of power. And I thank you for being my these hidden consumption opportuni- the hair that he cuts is of people that partner in that. Mr. KING of Iowa. And I appreciate ties that you and I are talking about, aren’t working. I’d say at least one out the opportunity to be your partner in but they vote as if they’re getting of every three heads of hair that your this. something for free. barber cuts is somebody that is in that And I would say to the folks on ei- And as a Nation, if we’re going to role of 100 million Americans of work- ther side of the argument that dis- make responsible decisions—particu- ing age who are not in the workforce, agree, they’re both wrong, whether larly as it comes to borrowing from our many of them are voting, they are vot- they’re from the left or from the right. children and our grandchildren—we ing themselves benefits from the public And the bottom line is this: the Fair have to let Americans know what they trough. Tax does everything good that any- are really paying for the size and scope And I’d suggest that we take the tax body’s tax proposal does that is good; of government. And that’s not to say off of productivity in America, stop it does them all and it does them all they can’t say, I understand how much punishing production, put it over on better. And I’m happy to take that de- I’m paying and I’m willing to pay even consumption. And I’m just looking bate anywhere in this land and have more, or I hate how much I’m paying around for a bill number that I could folks that will try that on and we’ll and I’m going to pay less. But it will attach myself to because I’m drawing a finish second in that debate. absolutely bring us away from a cul- blank. I quickly yield back because the ture that believes there is a free lunch Mr. WOODALL. I thank my friend. gavel is in the air. and back to a culture that understands You’re absolutely right. When I talk Mr. WOODALL. If the gavel is in the that decisions have consequences and to young people—I try to get out to the air, I’ll just say to the Speaker, if you that there is no taxpayer in America middle schools and high schools in my needed more information, Mr. Speaker, except for we, the American con- district every week when we have time you could find it at www.fairtax.org, or sumers. back home—I say, I’ve got a $10-an- you could visit my Web page at Mr. KING of Iowa. Will the gen- hour job in my congressional office. Woodall.house.gov. This really does tleman yield? Who wants to come to work for me? speak to the challenges of America. Mr. WOODALL. I’m happy to yield. Who wants to come to work for me? I thank the Speaker for the time, and Mr. KING of Iowa. History is replete And I just gave a powerful presentation I thank my friend from Iowa. with the Founding Fathers, literary gi- about how you can come here and re- f ants of the time, philosophers of the turn America to its foundational roots. time, who looked at the Greek democ- All the hands go up. And I say, now, SENATE BILL REFERRED racy and they were appalled at what it just to be clear, though, we’re going to A bill of the Senate of the following had produced. They produced for us a have to put a $9 income tax on that $10 title was taken from the Speaker’s republic instead. But many of them an hour, so you’re only going to be able table and, under the rule, referred as spoke eloquently about what happens to take home $1 at the end of the day. follows: when the public would realize that a Now, who wants to come work 80 hours S. 99. An act to promote the production of majority of them could vote them- a week for me? And all of the hands go molybdenum-99 in the United States for selves benefits from the public treas- down. medical isotope production, and to condition ury. Some of them said democracy The power to tax is the power to de- and phase out the export of highly enriched ceases to exist; some of them said that stroy, and we use that power here. uranium for the production of medical iso- topes; to the Committee on Energy and Com- will destroy our republic. But I want to With all due respect to our colleagues merce; in addition to the Committee on guess that most of the people that were on both sides of the aisle, the Fair Tax Science, Space and Technology and the Com- providing the wisdom at the time com- that I supported—that you were such a mittee on the Budget for a period to be sub- mented on their fear that this country strong supporter of—it has detractors sequently determined by the Speaker, in

VerDate Mar 15 2010 04:22 Dec 08, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H18NO1.REC H18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 18, 2011 CONGRESSIONAL RECORD — HOUSE H7889 each case for consideration of such provi- 3.39, Revision 1, received October 28, 2011, for printing and reference to the proper sions as fall within the jurisdiction of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- calendar, as follows: committee concerned. mittee on Energy and Commerce. Mr. SMITH of Texas: Committee on the Ju- 3935. A letter from the Director, Office of diciary. H.R. 3012. A bill to amend the Immi- f Congressional Affairs, Nuclear Regulatory gration and Nationality Act to eliminate the Commission, transmitting the Commission’s SENATE ENROLLED BILL SIGNED per-country numerical limitation for em- final rule — Notice of Availability of Models The Speaker announced his signature ployment-based immigrants, to increase the for Plant-Specific Adoption of Technical per-country numerical limitation for family- to an enrolled bill of the Senate of the Specifications Task Force Traveler TSTF- sponsored immigrants, and for other pur- following title: 510, Revision 2, ‘‘Revision to Steam Gener- poses, with an amendment (Rept. 112–292). S. 1637. An act to clarify appeal time limits ator Program Inspection Frequencies and Referred to the Committee of the Whole in civil actions to which United States offi- Tube Sample Selection’’ Project No. 753 re- House on the state of the Union. cers or employees are parties. ceived October 28, 2011, pursuant to 5 U.S.C. Mr. DREIER: Committee on Rules. H.R. 10. 801(a)(1)(A); to the Committee on Energy and A bill to amend chapter 8 of title 5, United f Commerce. States Code, to provide that major rules of 3936. A letter from the Director, Office of BILL PRESENTED TO THE the executive branch shall have no force or Congressional Affairs, Nuclear Regulatory effect unless a joint resolution of approval is PRESIDENT Commission, transmitting the Commission’s enacted into law, with an amendment (Rept. Karen L. Haas, Clerk of the House, final rule — Assuring the Availability of 112–278, Pt. 2). Referred to the Committee of reports that on November 17, 2011, she Funds for Decommissioning Nuclear Reac- the Whole House on the state of the Union. tors, Regulatory Guide 1.159, Revision 2, represented to the President of the ceived October 28, 2011, pursuant to 5 U.S.C. f United States, for his approval, the fol- 801(a)(1)(A); to the Committee on Energy and PUBLIC BILLS AND RESOLUTIONS lowing bill: Commerce. 3937. A letter from the Deputy Director, Under clause 2 of rule XII, public H.R. 2112. Making appropriations for Agri- bills and resolutions of the following culture, Rural Development, Food and Drug Defense Security Cooperation Agency, trans- Administration, and Related Agencies pro- mitting Transmittal No. 11-31, pursuant to titles were introduced and severally re- grams for the fiscal year ending September the reporting requirements of Section ferred, as follows: 30, 2012, and for other purposes. 36(b)(1) of the Arms Export Control Act, as By Mr. RAHALL (for himself and Mr. amended; to the Committee on Foreign Af- PETRI): f fairs. H.R. 3473. A bill to provide employment op- 3938. A letter from the Deputy Director, ADJOURNMENT portunities for veterans in transportation Defense Security Cooperation Agency, trans- construction projects, and for other pur- Mr. KING of Iowa. Mr. Speaker, I mitting Transmittal No. 11-42, pursuant to poses; to the Committee on Transportation move that the House do now adjourn. the reporting requirements of Section and Infrastructure. The motion was agreed to; accord- 36(b)(1) of the Arms Export Control Act, as By Mr. STEARNS: amended; to the Committee on Foreign Af- ingly (at 4 o’clock and 19 minutes H.R. 3474. A bill to amend titles XI and fairs. XVIII of the Social Security Act to prevent p.m.), under its previous order, the 3939. A letter from the Director, Defense fraud and abuse under the Medicare program House adjourned until Tuesday, No- Security Cooperation Agency, transmitting and to require National Provider Identifiers vember 22, 2011, at 10 a.m. Transmittal No. 11-37, pursuant to the re- for reimbursement of prescriptions under porting requirements of Section 36(b)(1) of part D of the Medicare program, and for f the Arms Export Control Act, as amended; to other purposes; to the Committee on Energy EXECUTIVE COMMUNICATIONS, the Committee on Foreign Affairs. and Commerce, and in addition to the Com- ETC. 3940. A letter from the Assistant Secretary mittee on Ways and Means, for a period to be For Export Administration, Department of subsequently determined by the Speaker, in Under clause 2 of rule XIV, executive Commerce, transmitting the Department’s each case for consideration of such provi- communications were taken from the final rule — Addition of Certain Persons on sions as fall within the jurisdiction of the Speaker’s table and referred as follows: the Entity List: Addition of Persons Acting committee concerned. 3930. A letter from the Congressional Re- Contrary to the National Security or For- By Mr. SAM JOHNSON of Texas (for view Coordinator, Department of Agri- eign Policy Interests of the United States himself, Mr. BERG, Mr. BRADY of culture, transmitting the Department’s final [Docket No.: 100804325-0351-01] (RIN: 0694- Texas, Mr. HERGER, Ms. JENKINS, Mr. rule — Importation of Bromeliad Plants in AE97) received October 28, 2011, pursuant to 5 MARCHANT, Mr. SCHOCK, and Mr. Growing Media From Belgium, Denmark, U.S.C. 801(a)(1)(A); to the Committee on For- TIBERI): and the Netherlands [Docket No.: APHIS- eign Affairs. H.R. 3475. A bill to protect information re- 2010-0005] (RIN: 0579-AD36) received Novem- 3941. A letter from the Assistant Secretary, ceived by the Commissioner of Social Secu- ber 3, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); Legislative Affairs, Department of State, rity related to deceased individuals; to the Committee on Ways and Means. to the Committee on Agriculture. transmitting the Department’s final rule — By Mr. HANNA (for himself and Mr. 3931. A letter from the Regulatory Officer, Amendment to the International Traffic in KEATING): Department of Commerce, transmitting the Arms Regulations: Libya and UNSCR 2009 (RIN: 1400-AC97) received November 8, 2011, H.R. 3476. A bill to provide incentives for Department’s final rule — Adjustment of Ap- economic growth, and for other purposes; to pendices to the Dairy Tariff-Rate Import pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Foreign Affairs. the Committee on Ways and Means, and in Quota Licensing Regulation for the 2011 Tar- addition to the Committees on the Judici- iff-Rate Quota Year received October 31, 2011, 3942. A letter from the Chief Counsel — Bu- reau of the Public Debt, Department of the ary, and Financial Services, for a period to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- be subsequently determined by the Speaker, mittee on Agriculture. Treasury, transmitting the Department’s final rule — Offering of United States Sav- in each case for consideration of such provi- 3932. A letter from the Deputy Director for sions as fall within the jurisdiction of the Policy, Pension Benefit Guaranty Corpora- ings Bonds, Series EE; Regulations Gov- erning Definitive United States Savings committee concerned. tion, transmitting the Corporation’s final By Mr. POE of Texas (for himself, Mr. rule — Benefits Payable in Terminated Sin- Bonds, Series EE and HH; Offering of United States Savings Bonds, Series I received No- PAUL, Mr. CARTER, Mr. MCCAUL, Mr. gle-Employer Plans; Interest Assumptions MARCHANT, Mr. NEUGEBAUER, Mr. for Paying Benefits received November 4, vember 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and HINOJOSA, Ms. GRANGER, Ms. JACKSON 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the LEE of Texas, Mr. SMITH of Texas, Committee on Education and the Workforce. Means. 3943. A letter from the Chief, Trade and Mr. FLORES, Mr. CONAWAY, Mr. 3933. A letter from the Director, Office of Commercial Regulations Branch, Depart- CULBERSON, Mr. BRADY of Texas, Mr. Congressional Affairs, Nuclear Regulatory ment of the Treasury, transmitting the De- SAM JOHNSON of Texas, Mr. OLSON, Commission, transmitting the Commission’s partment’s final rule — United States — Mr. FARENTHOLD, Mr. THORNBERRY, final rule — Access Authorization Program Peru Trade Promotion Agreement (RIN: 1515- Mr. CANSECO, Mr. HALL, Mr. For Nuclear Power Plants, Regulatory Guide AD79) received November 1, 2011, pursuant to GOHMERT, Mr. SESSIONS, Mr. BARTON 5.66, Revision 2, received October 28, 2011, 5 U.S.C. 801(a)(1)(A); to the Committee on of Texas, Mr. CUELLAR, Mr. REYES, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. GONZALEZ, Mr. AL GREEN of Ways and Means. mittee on Energy and Commerce. Texas, Mr. HENSARLING, Mr. BURGESS, 3934. A letter from the Director, Office of f Mr. GENE GREEN of Texas, Ms. EDDIE Congressional Affairs, Nuclear Regulatory REPORTS OF COMMITTEES ON BERNICE JOHNSON of Texas, Mr. DUN- Commission, transmitting the Commission’s PUBLIC BILLS AND RESOLUTIONS CAN of South Carolina, Mr. final rule — Standard Format and Content of BOUSTANY, Mr. CHAFFETZ, Ms. License Applications for Mixed Oxide Fuel Under clause 2 of rule XIII, reports of HAYWORTH, Mr. BACA, and Mr. Fabrication Facilities, Regulatory Guide committees were delivered to the Clerk PENCE):

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H.R. 3477. A bill to designate the facility of MCDERMOTT, Mrs. NAPOLITANO, Mr. By Mr. HECK: the United States Postal Service located at CROWLEY, Mr. GEORGE MILLER of H.R. 3494. A bill to restore faith and trust 133 Hare Road in Crosby, Texas, as the Army California, Mr. ACKERMAN, Mr. in the United States economy and financial First Sergeant David McNerney Post Office MORAN, Mr. DOGGETT, Ms. ROYBAL- system by reducing Federal spending, reduc- Building; to the Committee on Oversight and ALLARD, Mr. QUIGLEY, Mr. SARBANES, ing the size of the Federal workforce, liqui- Government Reform. Mr. BERMAN, Mr. CUMMINGS, Mr. dating certain property and assets of the By Mr. GONZALEZ: CAPUANO, Ms. WOOLSEY, Mr. DINGELL, Federal Government, and for other purposes; H.R. 3478. A bill to amend the Internal Rev- Mr. YARMUTH, Ms. ZOE LOFGREN of to the Committee on Oversight and Govern- enue Code of 1986 to extend bond authority California, Mr. FILNER, Ms. DEGETTE, ment Reform, and in addition to the Com- for those empowerment and enterprise zones Mr. MICHAUD, Ms. MCCOLLUM, Mr. mittees on Appropriations, the Budget, and with unused bond limitation at the end of COHEN, Mr. FARR, Ms. SCHAKOWSKY, Natural Resources, for a period to be subse- 2011; to the Committee on Ways and Means. Mr. ELLISON, Mr. WELCH, and Mr. quently determined by the Speaker, in each case for consideration of such provisions as By Mrs. BIGGERT (for herself, Mr. MCGOVERN): NEUGEBAUER, Mr. SMITH of Texas, Mr. H.R. 3485. A bill to provide certain benefits fall within the jurisdiction of the committee concerned. HALL, and Mr. PALAZZO): to domestic partners of Federal employees; By Mr. HONDA (for himself, Ms. H.R. 3479. A bill to reauthorize Federal to the Committee on Oversight and Govern- SCHAKOWSKY, Ms. BERKLEY, Mr. natural hazards reduction programs, and for ment Reform, and in addition to the Com- GRIJALVA, Ms. LEE of California, Mr. other purposes; to the Committee on mittees on Education and the Workforce, CARSON of Indiana, Ms. WILSON of Science, Space, and Technology, and in addi- House Administration, and the Judiciary, for Florida, Mr. CICILLINE, Mr. DAVIS of tion to the Committees on Transportation a period to be subsequently determined by Illinois, Mr. CONYERS, Ms. CLARKE of and Infrastructure, and Natural Resources, the Speaker, in each case for consideration New York, and Mr. JACKSON of Illi- for a period to be subsequently determined of such provisions as fall within the jurisdic- by the Speaker, in each case for consider- nois): tion of the committee concerned. H.R. 3495. A bill to amend the Internal Rev- ation of such provisions as fall within the ju- By Ms. BASS of California (for herself, risdiction of the committee concerned. enue Code of 1986 to provide market-based Mr. SCHILLING, Mr. MCDERMOTT, Mr. manufacturing incentives, and for other pur- By Mr. GRIFFIN of Arkansas: FORTENBERRY, Mr. CARNAHAN, Mr. H.R. 3480. A bill to amend title 5, United poses; to the Committee on Ways and Means. TOWNS, Ms. WILSON of Florida, Mr. States Code, to provide for the termination By Mr. KIND (for himself and Mr. LOEBSACK, Ms. CLARKE of New York, of further retirement benefits for Members REICHERT): and Ms. RICHARDSON): H.R. 3496. A bill to sustain fish, plants, and of Congress, except the right to continue H.R. 3486. A bill to amend the Child Abuse participating in the Thrift Savings Plan, and wildlife on America’s public lands; to the Prevention and Treatment Act to require Committee on Natural Resources, and in ad- for other purposes; to the Committee on States receiving funds under section 106 of House Administration, and in addition to the dition to the Committee on Agriculture, for such Act to have in effect a State law pro- a period to be subsequently determined by Committee on Oversight and Government viding for a criminal penalty on an indi- the Speaker, in each case for consideration Reform, for a period to be subsequently de- vidual who fails to report witnessing another of such provisions as fall within the jurisdic- termined by the Speaker, in each case for individual engaging in sexual abuse of a tion of the committee concerned. consideration of such provisions as fall with- child; to the Committee on Education and By Mr. LANCE: in the jurisdiction of the committee con- the Workforce. H.R. 3497. A bill to promote the develop- cerned. By Mr. BUCHANAN: ment of meaningful treatments for patients; By Mr. GRIFFIN of Arkansas: H.R. 3487. A bill to encourage job creation, to the Committee on Energy and Commerce, H.R. 3481. A bill to prohibit universal serv- and for other purposes; to the Committee on and in addition to the Committees on Ways ice support of commercial mobile service Ways and Means, and in addition to the Com- and Means, and the Judiciary, for a period to through the Lifeline program; to the Com- mittees on Natural Resources, the Judiciary, be subsequently determined by the Speaker, mittee on Energy and Commerce. Energy and Commerce, Science, Space, and in each case for consideration of such provi- By Ms. CASTOR of Florida: sions as fall within the jurisdiction of the H.R. 3482. A bill to prevent identity theft Technology, Education and the Workforce, committee concerned. and tax crimes; to the Committee on Ways Small Business, and Oversight and Govern- By Mr. MCKEON (for himself, Mr. AN- and Means, and in addition to the Committee ment Reform, for a period to be subsequently DREWS, and Mr. HUNTER): on the Judiciary, for a period to be subse- determined by the Speaker, in each case for consideration of such provisions as fall with- H.R. 3498. A bill to provide for high-quality quently determined by the Speaker, in each academic tutoring for low-income students, case for consideration of such provisions as in the jurisdiction of the committee concerned. and for other purposes; to the Committee on fall within the jurisdiction of the committee Education and the Workforce. concerned. By Mr. BUCSHON (for himself and Mr. LANDRY): By Mr. PRICE of North Carolina: By Mr. BUTTERFIELD (for himself, H.R. 3499. A bill to require the Secretary of Mr. MCINTYRE, Mr. CARDOZA, and Mr. H.R. 3488. A bill to prohibit foreign assistance to countries with a gross domestic Agriculture to use section 32 of the Act of JONES): August 24, 1935, to provide compensation to product of $1,500,000,000,000 or more; to the H.R. 3483. A bill to amend title 38, United certain poultry producers whose poultry pro- Committee on Foreign Affairs. States Code, to provide equity for tuition duction contracts were terminated or not re- By Mr. BURTON of Indiana (for him- and fees for individuals entitled to edu- newed because of the closure of poultry proc- self, Mrs. MALONEY, Mr. KING of New cational assistance under the Post-9/11 Edu- essing plants and other cost cutting meas- York, and Mr. SMITH of New Jersey): cational Assistance Program of the Depart- ures undertaken by a poultry processing H.R. 3489. A bill to require the President to ment of Veterans Affairs who are pursuing company in bankruptcy protection; to the call a White House Conference on Autism; to programs of education at institutions of Committee on Agriculture. the Committee on Energy and Commerce. higher learning, and for other purposes; to By Mr. REHBERG (for himself and Mr. By Mr. CHANDLER (for himself and the Committee on Veterans’ Affairs. MILLER of Florida): By Mr. FARR (for himself, Ms. BERK- Mr. LOEBSACK): H.R. 3500. A bill to provide for the convey- LEY, Mrs. CHRISTENSEN, Ms. HIRONO, H.R. 3490. A bill to direct the Secretary of ance of a small parcel of National Forest Mr. CICILLINE, Mr. RAHALL, Mr. Education to make grants to State edu- System land in the Flathead National Forest ENGEL, Mr. FATTAH, Mr. OLVER, Mr. cational agencies for the modernization, ren- in the State of Montana containing a World DICKS, and Mr. REYES): ovation, or repair of public school facilities, War II memorial to the Whitefish Mountain H.R. 3484. A bill to direct the Secretary of and for other purposes; to the Committee on Resort; to the Committee on Natural Re- Commerce to establish a competitive grant Education and the Workforce. sources. program to promote domestic regional tour- By Mr. CICILLINE: By Mr. STUTZMAN: ism; to the Committee on Energy and Com- H.R. 3491. A bill to amend title 18, United H.R. 3501. A bill to designate the facility of merce. States Code, to prohibit former Members of the United States Postal Service located at By Ms. BALDWIN (for herself, Ms. ROS- Congress from engaging in lobbying con- 125 Kerr Avenue in Rome City, Indiana, as LEHTINEN, Mr. CICILLINE, Mr. POLIS, tacts; to the Committee on the Judiciary. the ‘‘SPC Nicholas Scott Hartge Post Of- Mr. FRANK of Massachusetts, Mr. By Ms. HAHN: fice’’; to the Committee on Oversight and SERRANO, Ms. SPEIER, Mr. HINCHEY, H.R. 3492. A bill to amend section 70107 of Government Reform. Mr. HOLT, Mr. CLAY, Mr. JACKSON of title 46, United States Code, to authorize ap- By Ms. WATERS (for herself, Mr. Illinois, Ms. LEE of California, Mrs. propriations for the port security grant pro- FRANK of Massachusetts, Mr. GUTIER- MALONEY, Mr. SMITH of Washington, gram through 2015; to the Committee on REZ, Mr. ACKERMAN, Mr. CLAY, Mr. Mr. GRIJALVA, Mr. GUTIERREZ, Mrs. Homeland Security. MILLER of North Carolina, Mr. AL DAVIS of California, Mr. LANGEVIN, By Mr. HASTINGS of Florida: GREEN of Texas, Mr. CLEAVER, Mr. Ms. TSONGAS, Ms. PINGREE of Maine, H.R. 3493. A bill to establish a commission CARSON of Indiana, Mr. PETERS, Ms. Mrs. CAPPS, Mr. HONDA, Mr. STARK, to study employment and economic insecu- NORTON, Ms. RICHARDSON, Mr. CON- Mr. NADLER, Mr. VAN HOLLEN, Mr. rity in the United States workforce; to the YERS, Mr. BRADY of Pennsylvania, LEWIS of Georgia, Ms. MOORE, Mr. Committee on Education and the Workforce. Mr. CICILLINE, Ms. JACKSON LEE of

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Texas, Mr. KILDEE, and Mr. following statements are submitted regard- and among the several States, and with the CARNAHAN): ing the specific powers granted to Congress Indian Tribes. H.R. 3502. A bill to create jobs and reinvest in the Constitution to enact the accom- By Ms. BALDWIN: in communities through the rehabilitation of panying bill or joint resolution. H.R. 3485. abandoned and foreclosed residential and By Mr. RAHALL: Congress has the power to enact this legis- commercial properties, and for other pur- H.R. 3473. lation pursuant to the following: poses; to the Committee on Financial Serv- Congress has the power to enact this legis- Article 1, Section 8. ices. lation pursuant to the following: By Ms. BASS of California: By Mr. WESTMORELAND: Article I, Section 8, clause 3 H.R. 3486. H.R. 3503. A bill to amend the Sarbanes- Congress has the power to enact this legis- Oxley Act of 2002 to make Public Company By Mr. STEARNS: H.R. 3474. lation pursuant to the following: Accounting Oversight Board disciplinary Article. I. proceedings open to the public; to the Com- Congress has the power to enact this legislation pursuant to the following: Section 1. mittee on Financial Services. All legislative Powers herein granted shall Article I, Section 8, Clause 1 By Mr. YOUNG of Alaska: be vested in a Congress of the United States, By Mr. SAM JOHNSON of Texas: H.R. 3504. A bill to provide for a website to which shall consist of a Senate and House of H.R. 3475. receive gifts to reduce the public debt; to the Representatives. Congress has the power to enact this legis- Committee on Ways and Means. By Mr. BUCHANAN: lation pursuant to the following: By Mr. DEUTCH: H.R. 3487. Article I, Section 8, Clause 1 of the United H.J. Res. 90. A joint resolution proposing Congress has the power to enact this legis- States Constitution, to ‘‘provide for the com- an amendment to the Constitution of the lation pursuant to the following: mon Defence and general Welfare of the United States to expressly exclude for-profit The constitutional authority on which this United States.’’ corporations from the rights given to nat- bill rests is the power of Congress as enumer- By Mr. HANNA: ural persons by the Constitution of the ated in Article I Section 7 and 8, Article III H.R. 3476. United States, prohibit corporate spending Section 1 and 2, and Article V of the United Congress has the power to enact this legis- in all elections, and affirm the authority of States Constitution. lation pursuant to the following: Congress and the States to regulate corpora- By Mr. BUCSHON: This bill is enacted pursuant to Section 8 tions and to regulate and set limits on all H.R. 3488. election contributions and expenditures; to of Article 1 of the United States Constitu- Congress has the power to enact this legis- the Committee on the Judiciary. tion, including Clause 1 and Clause 4. lation pursuant to the following: By Mr. HALL (for himself and Mr. DIN- By Mr. POE of Texas: This bill is enacted pursuant to the powers GELL): H.R. 3477. granted to Congress under Article 1, Section H. Con. Res. 89. Concurrent resolution ex- Congress has the power to enact this legis- 8, Clauses 1 and 2. pressing the sense of the Congress regarding lation pursuant to the following: By Mr. BURTON of Indiana: National Pearl Harbor Remembrance Day; to Clause 6, Section 8 of Article 1. H.R. 3489. the Committee on Foreign Affairs, and in ad- ´ By Mr. GONZALEZ: Congress has the power to enact this legis- dition to the Committee on Armed Services, H.R. 3478. lation pursuant to the following: for a period to be subsequently determined Congress has the power to enact this legis- Clause 1, Section 8, of Article 1, which by the Speaker, in each case for consider- lation pursuant to the following: gives Congress the power to provide for the ation of such provisions as fall within the ju- Article 1, Section 8, Clause 1 general welfare. risdiction of the committee concerned. Article 1, Section, 8, Clause 18 By Mr. CHANDLER: By Mr. HARPER: 16th Amendment H.R. 3490. H. Con. Res. 90. Concurrent resolution au- By Mrs. BIGGERT: thorizing the printing of the 25th edition of Congress has the power to enact this legis- H.R. 3479. lation pursuant to the following: the pocket version of the United States Con- Congress has the power to enact this legis- stitution; to the Committee on House Ad- Article I, Section 8, Clause 1: ‘‘The Con- lation pursuant to the following: gress shall have Power to lay and collect ministration. Article 1, Section 8, Clause 3 By Mr. DREIER (for himself and Mr. Taxes, Duties, Imposts and Excises, to pay By Mr. GRIFFIN of Arkansas: the Debts and provide for the common MEEKS): H.R. 3480. H. Res. 472. A resolution expressing the Defence and general Welfare of the United Congress has the power to enact this legis- sense of the House of Representatives that States; but all Duties, Imposts and Excises lation pursuant to the following: the United States should initiate negotia- shall be uniform throughout the United Article I, Section 6, Clause 1, of the U.S. tions to enter into a free trade agreement States. Constitution: The Senators and Representa- with Egypt; to the Committee on Ways and Article I, Section 8, Clause 3: ‘‘The Con- tives shall receive a Compensation for their Means. gress shall have Power . . . To regulate Com- Services, to be ascertained by Law, and paid By Ms. RICHARDSON (for herself, Mr. merce with foreign Nations, and among the out of the Treasury of the United States. LANGEVIN, Mr. MEEKS, Ms. JACKSON several States, and with the Indian Tribes.’’ By Mr. GRIFFIN of Arkansas: LEE of Texas, and Ms. NORTON): By Mr. CICILLINE: H. Res. 473. A resolution expressing support H.R. 3481. H.R. 3491. for the goals and ideals of National Family Congress has the power to enact this legis- Congress has the power to enact this legis- Caregivers Month; to the Committee on Edu- lation pursuant to the following: lation pursuant to the following: cation and the Workforce. Article I, Section 8 of the Constitution. Article I, Section 8 By Mr. BOSWELL: By Ms. CASTOR of Florida: By Ms. HAHN: H. Res. 474. A resolution recognizing the H.R. 3482. H.R. 3492. valuable contributions of community col- Congress has the power to enact this legis- Congress has the power to enact this legis- leges and encouraging local partnerships lation pursuant to the following: lation pursuant to the following: with such institutions to train and revitalize Section 8 of Article 1 of the U.S. Constitu- This bill is enacted pursuant to the power the United States workforce, inspire entre- tion granted to Congress under Article I, Section preneurship, educate skilled workers, and in- By Mr. BUTTERFIELD: 8, Clauses 1 and 18 of the United States Con- vest in local communities; to the Committee H.R. 3483. stitution. on Education and the Workforce. Congress has the power to enact this legis- By Mr. HASTINGS of Florida: lation pursuant to the following: f H.R. 3493. Under Article I, Section 8, Clause 1 of the Congress has the power to enact this legis- PRIVATE BILLS AND Constitution, Congress has the power to col- lation pursuant to the following: RESOLUTIONS lect taxes and expend funds to provide for U.S. Const., Art. I, § 8, cl. 3: Congress shall the general welfare of the United States. Under clause 3 of rule XII, have the power to regulate commerce with Under Article I, Section 8, Clause 18 of Sec- foreign nations and among the various Mrs. MYRICK introduced a bill (H.R. 3505) tion 8 of the Constitution, Congress may states. for the relief of Bruce William Stewart, make all laws which shall be necessary and By Mr. HECK: Dianne Stewart, Sarah Jane Caitlin Stewart, proper for carrying into execution its powers H.R. 3494. and Michael Bruce Albert Stewart; which and all powers vested by the Constitution in Congress has the power to enact this legis- was referred to the Committee on the Judici- the government of United States. lation pursuant to the following: ary. By Mr. FARR: Article 1, Section 8 f H.R. 3484. By Mr. HONDA: CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- H.R. 3495. lation pursuant to the following: Congress has the power to enact this legis- STATEMENT Article I, Section 8, Clause 3 lation pursuant to the following: Pursuant to clause 7 of rule XII of the The Congress shall have Power * * * To Article 1, Section 8, Clause 18 of the United Rules of the House of Representatives, the regulate Commerce with foreign Nations, States Constitution.

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By Mr. KIND: H.R. 589: Mr. PIERLUISI. MURPHY of Connecticut, Mr. GONZALEZ, Mr. H.R. 3496. H.R. 645: Mr. AMODEI. MARCHANT, and Mr. CARDOZA. Congress has the power to enact this legis- H.R. 668: Mr. DUNCAN of South Carolina. H.R. 2140: Mr. COURTNEY, Mr. BARTLETT, lation pursuant to the following: H.R. 721: Mr. JOHNSON of Illinois, Mr. Mr. PASTOR of Arizona, and Mr. YOUNG of Article I Section 8 MACK, Mr. DAVIS of Kentucky, Mr. SMITH of Florida. By Mr. LANCE: Texas, and Mr. SCOTT of South Carolina. H.R. 2229: Mr. MICHAUD. H.R. 3497. H.R 733: Mr. CASSIDY. H.R. 2233: Ms. JACKSON LEE of Texas. Congress has the power to enact this legis- H.R. 749: Mr. DAVIS of Kentucky. H.R. 2277: Mrs. MALONEY. lation pursuant to the following: H.R. 763: Ms. DEGETTE and Mr. SESSIONS. H.R. 2284: Ms. ZOE LOFGREN of California. Article I of the Constitution of the United H.R. 835: Mr. DICKS, Mr. PERLMUTTER, and H.R. 2288: Mr. CONYERS. States. Mr. BRALEY of Iowa. H.R. 2299: Mr. BURGESS. By Mr. MCKEON: H.R. 862: Mrs. LOWEY. H.R. 2305: Mr. MCGOVERN. H.R. 3498. H.R. 886: Mr. MCINTYRE. H.R. 2335: Mr. BOREN. Congress has the power to enact this legis- H.R. 920: Mr. MCKINLEY. H.R. 2394: Mr. DAVIS of Illinois and Ms. WA- lation pursuant to the following: H.R. 942: Ms. BALDWIN. TERS. Article I, section 8 of the Constitution of H.R. 953: Mr. JOHNSON of Illinois. H.R. 2397: Mr. PAUL. the United States. H.R. 1005: Mr. ALTMIRE. H.R. 2412: Mr. GUTIERREZ and Mrs. By Mr. PRICE of North Carolina: H.R. 1148: Mrs. MILLER of Michigan, Mr. NAPOLITANO. H.R. 3499. MURPHY of Pennsylvania, Ms. LEE of Cali- H.R. 2461: Ms. JENKINS. Congress has the power to enact this legis- fornia, Ms. KAPTUR, Mr. HOLT, Ms. EDWARDS, H.R. 2492: Mr. SCHILLING and Ms. lation pursuant to the following: Mr. CLEAVER, Mr. LIPINSKI, Mr. BOSWELL, HANABUSA. Article I, Section 8, Clause 3 of the United Mr. MCDERMOTT, Mr. KILDEE, Ms. NORTON, H.R. 2499: Mr. MCGOVERN. States Constitution. Mr. BUCHANAN, Mr. JOHNSON of Illinois, Mr. H.R. 2500: Mr. MCCAUL. By Mr. REHBERG: AUSTIN SCOTT of Georgia, Ms. WOOLSEY, Mrs. H.R. 2505: Mr. PAYNE and Mr. MCGOVERN. H.R. 3500. NOEM, Mr. THOMPSON of California, Mr. H.R. 2514: Mr. KINZINGER of Illinois. Congress has the power to enact this legis- REICHERT, Ms. ESHOO, Mr. BOREN, Mr. PAS- H.R. 2528: Mr. FINCHER. lation pursuant to the following: TOR of Arizona, Mr. MATHESON, Mr. H.R. 2538: Mr. LONG. Article I, § 8, clause 3 LANGEVIN, Ms. HIRONO, Mr. MILLER of North H.R. 2557: Mr. LATHAM. By Mr. STUTZMAN: Carolina, and Mrs. DAVIS of California. H.R. 2568: Ms. ROS-LEHTINEN. H.R. 3501. H.R. 1179: Mr. GRIFFIN of Arkansas. H.R. 2569: Mr. ALTMIRE, Mr. FINCHER, Mr. Congress has the power to enact this legis- H.R. 1236: Mrs. SCHMIDT and Mr. RIBBLE, Mr. BRADY of Texas, Mr. TIBERI, and lation pursuant to the following: BUTTERFIELD. Mr. TOWNS. This bill is enacted pursuant to the power H.R. 1265: Mr. ROSS of Florida. H.R. 2579: Mr. CARNAHAN. granted to Congress under Article 1, Section H.R. 1366: Mr. SCHIFF. H.R. 2580: Mr. TONKO. 8, Clause 7 of the United States Constitution. H.R. 1370: Mr. PAULSEN. H.R. 2595: Ms. HOCHUL. By Ms. WATERS: H.R. 1416: Mr. PASTOR of Arizona. H.R. 2655: Mr. GONZALEZ, Mr. SCHIFF, and H.R. 3502. H.R. 1418: Ms. WATERS. Mr. PRICE of North Carolina. Congress has the power to enact this legis- H.R. 1426: Ms. HERRERA BEUTLER. H.R. 2672: Mr. HOLDEN and Mr. BURGESS. lation pursuant to the following: H.R. 1454: Mr. RIBBLE. H.R. 2697: Mr. FLAKE and Mr. POMPEO. Article I, Section 8, Clause I of the Con- H.R. 1499: Mr. GRAVES of Missouri and Mrs. H.R. 2717: Mr. CUMMINGS and Mr. HOLT. stitution of the United States EMERSON. H.R. 2722: Mr. MICHAUD. By Mr. WESTMORELAND: H.R. 1513: Mr. WALBERG, Mr. FARR, and Mr. H.R. 2729: Mr. LATHAM and Mr. MICHAUD. H.R. 3503. RAHALL. H.R. 2738: Ms. CHU. H.R. 2750: Ms. MCCOLLUM. Congress has the power to enact this legis- H.R. 1515: Mr. GUTIERREZ. H.R. 2780: Mr. ROSKAM. lation pursuant to the following: H.R. 1533: Mr. LARSEN of Washington and H.R. 2827: Mrs. EMERSON and Mr. GIBSON. Article I, Section 8 of the United States Mr. KUCINICH. H.R. 2834: Mr. ROKITA and Mr. MARCHANT. Constitution. H.R. 1546: Mr. DUNCAN of South Carolina, H.R. 2866: Mr. HONDA, Mr. COBLE, and Mr. By Mr. YOUNG of Alaska: Mrs. BLACKBURN, and Mr. CARNAHAN. TOWNS. H.R. 3504. H.R. 1550: Mr. FALEOMAVAEGA and Mrs. H.R. 2874: Mr. NEUGEBAUER, Mr. MARCHANT, Congress has the power to enact this legis- CHRISTENSEN. and Mr. SHIMKUS. lation pursuant to the following: H.R. 1580: Mr. PAULSEN, Mr. CASSIDY, and H.R. 2875: Mr. RUSH. Article I, Section 8, Clause 2 Mr. GIBBS. H.R. 1581: Mr. GRIFFIN of Arkansas. H.R. 2886: Mr. MEEHAN. By Mr. DEUTCH: H.R. 1614: Mr. BENISHEK. H.R. 2888: Mr. GALLEGLY. H.J. Res. 90. H.R. 1633: Mr. THORNBERRY. H.R. 2902: Ms. BORDALLO, Ms. LINDA T. Congress has the power to enact this legis- H.R. 1639: Mr. GIBSON. SA´ NCHEZ OF CALIFORNIA, MR. DAVIS of Illi- lation pursuant to the following: H.R. 1653: Mrs. MYRICK, Mrs. BONO MACK, nois, Ms. LEE of California and Ms. BROWN of Article 5 of the Constitution and Mr. ISRAEL. Florida. Mrs. MYRICK: H.R. 1697: Mr. LOEBSACK. H.R. 2910: Mr. AKIN. H.R. 3505. H.R. 1704: Mr. DOGGETT. H.R. 2925: Mr. LIPINSKI. Congress has the power to enact this legis- H.R. 1716: Ms. HOCHUL. H.R. 2948: Mr. ISRAEL, Mr. COURTNEY, and lation pursuant to the following: H.R. 1737: Mr. BARTLETT. Mr. MURPHY of Connecticut. Clause 4 of Section 8 of Article I of the H.R. 1738: Mr. GONZALEZ and Mr. MILLER of H.R. 2964: Mr. WALSH of Illinois. United States Constitution, which gives Con- North Carolina. H.R. 2966: Mr. DICKS and Mr. ELLISON. gress the power to establish a uniform Rule H.R. 1744: Mr. TURNER of Ohio. H.R. 2969: Mr. FITZPATRICK, Mr. CARNAHAN, of Naturalization. H.R. 1815: Mr. GINGREY of Georgia, Mr. Mr. MILLER of North Carolina, Mr. PLATTS, f MURPHY of Connecticut, Mr. WOODALL, Mr. and Mrs. EMERSON. BASS of New Hampshire, and Mr. MACK. H.R. 2970: Mr. COHEN. ADDITIONAL SPONSORS H.R. 1834: Mr. FRELINGHUYSEN and Mr. H.R. 2980: Mr. GENE GREEN of Texas. Under clause 7 of rule XII, sponsors MCINTYRE. H.R. 2982: Mrs. MILLER of Michigan and Mr. were added to public bills and resolu- H.R. 1842: Mr. MURPHY of Connecticut. HULTGREN. H.R. 1897: Mr. DEUTCH, Mr. GALLEGLY, and H.R. 2985: Mr. RAHALL. tions as follows: Mr. DENT. H.R. 2989: Ms. JENKINS. H.R. 10: Mr. MACK. H.R. 1940: Mr. MCCOTTER, Ms. MOORE, and H.R. 2992: Mr. ROYCE. H.R. 49: Mr. POSEY. Mr. SMITH of Washington. H.R. 2997: Mr. FRANKS of Arizona, Mr. H.R. 132: Mr. HINCHEY. H.R. 1956: Mr. DUNCAN of South Carolina GOSAR, Mr. JORDAN, Mrs. LUMMIS, Mr. PENCE, H.R. 154: Mr. MCCAUL. and Mrs. HARTZLER. Mr. POMPEO, Mr. QUAYLE, Mrs. SCHMIDT, Mr. H.R. 157: Mr. LANCE and Mr. SCHILLING. H.R. 1964: Mr. NADLER and Mr. ACKERMAN. TURNER of New York, Mr. YOUNG of Indiana, H.R. 178: Mr. SMITH of Texas. H.R. 1978: Ms. WILSON of Florida. Mr. WITTMAN, Mrs. ELLMERS, Mr. GRAVES of H.R. 181: Mr. HOLT. H.R. 1988: Mr. CICILLINE. Georgia, Mr. CARNAHAN, Mrs. NOEM, Mr. H.R. 308: Mr. LEVIN. H.R. 2016: Mrs. CAPPS. MANZULLO, Mr. COFFMAN of Colorado, and H.R. 321: Mr. STARK. H.R. 2028: Mr. MILLER of North Carolina. Mr. BUCSHON. H.R. 361: Mr. SCHILLING. H.R. 2051: Mr. WESTMORELAND. H.R. 3010: Mr. WILSON of South Carolina, H.R. 420: Mr. CUELLAR, Mr. CASSIDY, and H.R. 2086: Mr. JONES and Mr. GARY G. MIL- Mr. AUSTIN SCOTT of Georgia, Mr. FLAKE, Ms. Ms. HAYWORTH. LER of California. JENKINS, and Mr. SHULER. H.R. 451: Mr. QUAYLE. H.R. 2092: Mr. ROSKAM. H.R. 3012: Mr. MORAN, Mr. FLAKE, and Mrs. H.R. 466: Mr. COHEN. H.R. 2139: Mrs. BLACK, Mr. FILNER, Mr. MALONEY. H.R. 539: Ms. WOOLSEY. DUNCAN of South Carolina, Mr. MCCAUL, Mr. H.R. 3017: Mr. THOMPSON of California.

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H.R. 3050: Mr. JOHNSON of Ohio. Mr. LARSON of Connecticut, Mr. MARKEY, and H.R. 3425: Mr. LEWIS of Georgia. H.R. 3057: Mr. PITTS. Mr. BASS of New Hampshire. H.R. 3427: Mr. LEVIN and Mr. PALLONE. H.R. 3059: Mr. POSEY, and Mr. MURPHY of H.R. 3271: Ms. HAHN. H.R. 3435: Ms. CHU, Mr. LARSON of Con- Pennsylvania. H.R. 3308: Mr. HUELSKAMP, Mr. necticut, Mr. PALLONE, Ms. ZOE LOFGREN of H.R. 3065: Mr. WELCH. SCHWEIKERT, Mr. MCCLINTOCK, Mr. ROYCE, California, Mr. FARR, Mr. CAPUANO, Mr. H.R. 3067: Mr. HANNA, Mr. PAULSEN, Mr. Mr. RYAN of Wisconsin, and Mr. DUFFY. MCGOVERN, Mr. WELCH, and Mr. CARNAHAN. ACKERMAN, Mr. MCGOVERN, Mr. RANGEL, Ms. H.R. 3313: Ms. NORTON. H.R. 3440: Mr. KLINE and Mr. BARTLETT. LEE of California, Mr. LOBIONDO, Mr. MAR- H.R. 3316: Mr. FARR and Ms. LEE of Cali- KEY, Mr. GUINTA, Mr. ROTHMAN of New Jer- fornia. H.R. 3453: Mr. SENSENBRENNER. sey, Mr. BISHOP of Georgia, Mr. ENGEL and H.R. 3317: Mr. FARR and Ms. LEE of Cali- H.R. 3466: Mr. BISHOP of New York. Mr. LANCE. fornia. H.J. Res. 20: Mr. GRIFFIN of Arkansas. H.R. 3068: Mrs. BLACKBURN, Mr. GARRETT, H.R. 3318: Mr. WALSH of Illinois, Mr. KING H.J. Res. 72: Mr. COHEN. Mr. ROE of Tennessee, Mr. HUIZENGA of of Iowa, Mr. HALL, Mr. GINGREY of Georgia, H.J. Res. 80: Mrs. MALONEY. Michigan, Mr. WALBERG, Mr. GUINTA, Mr. Mr. COBLE, Mr. WEST, Mrs. BACHMANN, Mr. H.J. Res. 85: Mr. FLORES, Mr. DUNCAN of BILBRAY, Mr. KING of Iowa, Mr. BURTON of In- KELLY, and Mr. AMODEI. South Carolina, and Mr. POSEY. diana, Mr. FLORES, Mr. BARTLETT, and Mr. H.R. 3323: Mr. JOHNSON of Illinois. ROKITA. H.R. 3324: Mr. MORAN. H.J. Res. 88: Ms. SLAUGHTER, Mr. JONES, H.R. 3074: Mr. PAULSEN, Mr. ROSS of Arkan- H.R. 3334: Ms. DEGETTE. and Mr. COHEN. sas, and Mr. MILLER of Florida. H.R. 3337: Mr. WITTMAN, Mr. BENISHEK, Mr. H. Con. Res. 78: Mr. LEWIS of Georgia. H.R. 3077: Mr. HINCHEY, Mrs. CHRISTENSEN, CARNAHAN, Ms. CHU, and Mr. COURTNEY. H. Res. 134: Mr. RIGELL and Mr. LAMBORN. Ms. JACKSON LEE of Texas, Ms. NORTON, Mrs. H.R. 3341: Ms. BERKLEY. Res. 253: Mr. TURNER of Ohio, Mr. AUSTIN DAVIS of California, Mr. HONDA, Mr. LUJA´ N, H.R. 3346: Mr. ROTHMAN of New Jersey, Ms. SCOTT of Georgia, and Mr. PEARCE. and Mr. FILNER. TSONGAS, Ms. CASTOR of Florida, Ms. CHU, H. Res. 306: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 3090: Mr. WESTMORELAND. Mr. BISHOP of New York, and Mrs. CAPPS. fornia. H.R. 3091: Mr. HASTINGS of Washington and H.R. 3362: Mr. LONG. Mr. TIBERI. H.R. 3364: Mr. GUTHRIE and Mr. CLARKE of H. Res. 341: Mr. MORAN, Mrs. NAPOLITANO, H.R. 3123: Ms. JENKINS. Michigan. Mr. LEVIN, Mr. STARK, Mr. MCCOTTER, Mr. H.R. 3130: Mr. KLINE and Mr. CHABOT. H.R. 3366: Mr. MARCHANT and Mr. CROWLEY. PRICE of North Carolina, and Ms. ZOE H.R. 3134: Ms. JACKSON LEE of Texas. H.R. 3393: Mr. MILLER of Florida, Mr. ROO- LOFGREN of California. UTTON H.R. 3138: Ms. S . NEY, and Mr. WEST. H. Res. 367: Mr. NADLER. H.R. 3159: Mr. DUNCAN of South Carolina. H.R. 3395: Mr. HANNA. H. Res. 376: Mr. KEATING. H.R. 3176: Mr. CAMPBELL. H.R. 3400: Mr. WILSON of South Carolina, H.R. 3186: Mr. KING of New York. H. Res. 429: Mr. FORBES, Mr. GALLEGLY, Mr. Mr. KLINE, Mr. WESTMORELAND, Mr. ROKITA, H.R. 3192: Mr. WOLF. GRIFFIN of Arkansas, and Mrs. MILLER of H.R. 3207: Mr. COBLE. Mr. FLORES, Mr. GINGREY of Georgia, Mr. Michigan. HARRIS, and Mrs. MYRICK. H.R. 3210: Mr. MCCLINTOCK. H. Res. 452: Ms. PINGREE of Maine. H.R. 3410: Mrs. MILLER of Michigan. H.R. 3216: Mr. PASTOR of Arizona, Mr. H. Res. 454: Ms. MCCOLLUM, Ms. RICHARD- H.R. 3418: Mr CONNOLLY of Virginia. GUTHRIE and Mr. GRIMM. SON, Mr. HASTINGS of Florida, Mr. MEEKS, H.R. 3243: Mr. JONES, Mr. LONG and Mr. H.R. 3422: Mr. MARCHANT. and Ms. PINGREE of Maine. PRICE of Georgia. H.R. 3423: Mr. YOUNG of Alaska, Mr. EVIN ASS H.R. 3260: Mr. ELLISON. WITTMAN, Mr. PAULSEN, Mr. MURPHY of Con- H. Res. 460: Mr. L , Ms. B of Cali- H.R. 3264: Mr. SCHWEIKERT. necticut, Mr. BLUMENAUER, Ms. TSONGAS, Mr. fornia, Mr. FRELINGHUYSEN, Mr. CARNAHAN, H.R. 3266: Ms. RICHARDSON. LARSON of Connecticut, Mr. BERG, Mr. LIPIN- Mr. COHEN, and Mr. MCGOVERN. H.R. 3269: Mr. ALTMIRE, Mr. GOWDY, Mrs. SKI, Mr. COURTNEY, and Mr. RYAN of Ohio. H. Res. 468: Mr. CICILLINE, Mr. WEST, Ms. NOEM, Ms. SUTTON, Mr. ROGERS of Alabama, H.R. 3424: Mr. ROTHMAN of New Jersey. HERRERA BEUTLER, and Mr. TOWNS.

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Vol. 157 WASHINGTON, FRIDAY, NOVEMBER 18, 2011 No. 177 Senate The Senate met at 9 a.m. and was RESERVATION OF LEADER TIME Franken amendment No. 1197, to require called to order by the Honorable CHRIS- The ACTING PRESIDENT pro tem- contractors to make timely payments to TOPHER A. COONS, a Senator from the subcontractors that are small business con- pore. Under the previous order, the cerns. State of Delaware. leadership time is reserved. Cardin/Mikulski amendment No. 1073, to The Senator from Michigan. prohibit expansion or operation of the Dis- PRAYER f trict of Columbia National Guard Youth The Chaplain, Dr. Barry C. Black, of- Challenge Program in Anne Arundel County, NATIONAL DEFENSE AUTHORIZA- fered the following prayer: Maryland. TION ACT FOR FISCAL YEAR Eternal Lord God, the center of our Begich amendment No. 1114, to amend title 2012—Resumed 10, United States Code, to authorize space- joy, give our Senators today a passion available travel on military aircraft for for You. May they find joy in doing Mr. LEVIN. Mr. President, the pending business is S. 1867, the Defense Au- members of the reserve components, a mem- Your will and delight in obeying Your ber or former member of a reserve compo- precepts. Give them courage and re- thorization Act; is that correct? nent who is eligible for retired pay but for solve to do their duty as You give them The ACTING PRESIDENT pro tem- age, widows and widowers of retired mem- the wisdom to see it. Create in them pore. The clerk will report. bers, and dependents. The bill clerk read as follows: hearts that strive to be spent in Your Begich amendment No. 1149, to authorize a service, doing all the good they can for A bill (S. 1867) to authorize appropriations land conveyance and exchange at Joint Base for fiscal year 2012 for military activities of Elmendorf Richardson, Alaska. as many people as they can. the Department of Defense, for military con- Shaheen amendment No. 1120, to exclude We pray in Your holy Name. Amen. struction, and for defense activities of the cases in which pregnancy is the result of an Department of Energy, to prescribe military act of rape or incest from the prohibition on f personnel strengths for such fiscal year, and funding of abortions by the Department of for other purposes. Defense. PLEDGE OF ALLEGIANCE Pending: Collins amendment No. 1105, to make permanent the requirement for certifications The Honorable CHRISTOPHER A. COONS Levin/McCain amendment No. 1092, to bol- relating to the transfer of detainees at led the Pledge of Allegiance, as follows: ster the detection and avoidance of counter- United States Naval Station, Guantanamo feit electronic parts. I pledge allegiance to the Flag of the Bay, Cuba, to foreign countries and other United States of America, and to the Repub- McConnell (for Kirk) amendment No. 1084, to require the President to impose sanctions foreign entities. lic for which it stands, one nation under God, Collins amendment No. 1155, to authorize on foreign financial institutions that con- indivisible, with liberty and justice for all. educational assistance under the Armed duct transactions with the Central Bank of Forces Health Professions Scholarship pro- f Iran. Leahy amendment No. 1072, to enhance the gram for pursuit of advanced degrees in national defense through empowerment of physical therapy and occupational therapy. APPOINTMENT OF ACTING Collins amendment No. 1158, to clarify the PRESIDENT PRO TEMPORE the National Guard, enhancement of the functions of the National Guard Bureau, and permanence of the prohibition on transfers The PRESIDING OFFICER. The improvement of Federal-State military co- of recidivist detainees at United States ordination in domestic emergency response. Naval Station, Guantanamo Bay, Cuba, to clerk will please read a communication foreign countries and entities. to the Senate from the President pro Paul/Gillibrand amendment No. 1064, to repeal the Authorization for Use of Military Collins/Shaheen amendment No. 1180, re- tempore (Mr. INOUYE). Force Against Iraq Resolution of 2002. lating to man-portable air-defense systems The bill clerk read the following let- Merkley amendment No. 1174, to express originating from Libya. ter: the sense of Congress regarding the expe- Inhofe amendment No. 1094, to include the Department of Commerce in contract au- U.S. SENATE, dited transition of responsibility for mili- thority using competitive procedures but ex- PRESIDENT PRO TEMPORE, tary and security operations in Afghanistan Washington, DC, November 18, 2011. to the Government of Afghanistan. cluding particular sources for establishing To the Senate: Feinstein amendment No. 1125, to clarify certain research and development capabili- Under the provisions of rule I, paragraph 3, the applicability of requirements for mili- ties. Inhofe amendment No. 1095, to express the of the Standing Rules of the Senate, I hereby tary custody with respect to detainees. sense of the Senate on the importance of ad- appoint the Honorable CHRISTOPHER A. Feinstein amendment No. 1126, to limit the dressing deficiencies in mental health coun- COONS, a Senator from the State of Dela- authority of Armed Forces to detain citizens seling. ware, to perform the duties of the Chair. of the United States under section 1031. Udall (CO) amendment No. 1107, to revise Inhofe amendment No. 1096, to express the DANIEL K. INOUYE, sense of the Senate on treatment options for President pro tempore. the provisions relating to detainee matters. Landrieu/Snowe amendment No. 1115, to members of the Armed Forces and veterans Mr. COONS thereupon assumed the reauthorize and improve the SBIR and STTR for Traumatic Brain Injury and Post Trau- chair as Acting President pro tempore. programs, and for other purposes. matic Stress Disorder.

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

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VerDate Mar 15 2010 01:12 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.000 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7786 CONGRESSIONAL RECORD — SENATE November 18, 2011 Inhofe amendment No. 1097, to eliminate ments, let us know immediately, if you pending amendments so that we can gaps and redundancies between the over 200 would, whether you wish to speak in make progress on those that have been programs within the Department of Defense support of or in opposition to pending filed and those that are pending. that address psychological health and trau- or filed amendments. Obviously, if peo- I thank the chairman again and our matic brain injury. Inhofe amendment No. 1098, to require a re- ple want to oppose amendments, then respective staffs and our colleagues. I port on the impact of foreign boycotts on the we are not going to clear them if we thought it was a very beneficial debate defense industrial base. know about that, but we have to know we had yesterday that a lot of Members Inhofe amendment No. 1099, to express the about that. These are on file. The clerk participated in, and I think it served sense of Congress that the Secretary of De- has the amendments. We know which not only to educate our colleagues and fense should implement the recommenda- amendments are pending. The list is the American people who observed it, tions of the Comptroller General of the available. but I also think it was a healthy dis- United States regarding prevention, abatement, and data collection to address hearing The staff is going to be here for the cussion that was held on both sides of injuries and hearing loss among members of first couple days, at least, next week the aisle and on both sides of this the Armed Forces. prior to Thanksgiving. Our staffs will issue, and it very well informed Sen- Inhofe amendment No. 1100, to extend to be here to work with staffs of Senators ators on this issue. products and services from Latvia existing to try to revise amendments that may Again, I understand, for example, temporary authority to procure certain be open to revision. So that work is that the Senator from Illinois, Mr. products and services from countries along a going to go on, and we have to use DURBIN, came to the floor and said we major route of supply to Afghanistan. Inhofe amendment No. 1101, to strike sec- these time periods—today and next need a very in-depth discussion on this tion 156, relating to a transfer of Air Force Monday and Tuesday—for work on issue. I think we had that. I also think C–12 aircraft to the Army. amendments and the Monday we get this is a very important issue and one Inhofe amendment No. 1102, to require a re- back for work on amendments because that deserved the attention of the Sen- port on the feasibility of using unmanned we need to get this bill passed. ate, but now I think it is time to move aerial systems to perform airborne inspec- This is a critically important bill, on. tion of navigational aids in foreign airspace. and with 155 filed amendments, 31 of I also congratulate all Members who Inhofe amendment No. 1093, to require the took part in sort of a colloquy and dis- detention at United States Naval Station, which are already pending, we have a Guantanamo Bay, Cuba, of high-value enemy lot of work to do. We are going to try cussion we had amongst Members on combatants who will be detained long-term. to do the very best we can, but we have both sides of this issue yesterday. I Casey amendment No. 1215, to require a to get a bill passed and we have to de- have found that those colloquies add a certification on efforts by the Government of bate some of the very significant great deal to the debate as we get the Pakistan to implement a strategy to counter amendments which have already been input and ideas and sometimes spirited improvised explosive devices. filed and are pending. discussion on these issues. Casey amendment No. 1139, to require con- So I want to thank my friend from So I thank the chairman, and we tractors to notify small business concerns that have been included in offers relating to Arizona and see whether he might want look forward to getting this important contracts let by Federal agencies. to comment on my comments or other- piece of legislation done. Casey amendment No. 1140, to require a re- wise. Mr. President, I yield the floor. port by the Comptroller General on Depart- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- ment of Defense military spouse employ- pore. The Senator from Arizona. pore. The Senator from Michigan. ment programs. Mr. MCCAIN. Mr. President, I thank Mr. LEVIN. Mr. President, first of The ACTING PRESIDENT pro tem- Senator LEVIN and his staff for their all, I thank my friend and colleague pore. The Senator from Michigan. hard work on this very important piece from Arizona, the ranking member, for Mr. LEVIN. Mr. President, Senators of legislation. I am glad to see the his comments and for all of his work on are encouraged to come to the floor to chairman announced that the staff will the committee. All of our colleagues on offer their amendments this morning. be in working next week. For a change, the committee have put in a lot of We are going to be here doing business. the taxpayers will get a return on their time. Senators who have remarks, speeches, investment. I am very glad to know I want to emphasize something he proponents of the amendments, oppo- that. But in all seriousness, they did a said about the opportunity here for de- nents of amendments are given an op- lot of work late last night and will be bate—that we have a number of pend- portunity here today which may be one working hard all this week. ing amendments, including the amend- of the relatively few opportunities that I think that maybe our colleagues ments on detainees. We are here to are going to be available. should plan on some late nights when hear debate on those or any other We will be here the Monday after we we get back because we do need to get amendments today and on Monday. We return as well before the vote at 5:30 on this done. There is a lot of important were here yesterday and had a long de- Monday, November 28, on a judicial business before the Senate. bate. As the Senator from Arizona said, nomination, but we will also be here I would also like to point out that we we had a lengthy debate, and we were before that time to hear from pro- spent the better part of yesterday on prepared to vote. The supporters were ponents and opponents of amendments the detainee issue, and I appreciate not. That is fair enough. If they want and to have people offer amendments. that the detainee issue is one that is of additional time to debate it, we should We are not going to have the whole transcendent importance. It certainly welcome that. But there is time, there week, we have been told by the leader, goes beyond just national security. It is time today and there is time on when we come back for this bill, so we is a very controversial issue with the Monday when we get back to debate are going to have to make additional American people and Members on both that amendment and those amend- progress today. We made some progress sides of the aisle. On one side of the ments not only on the detainees but on last night. We cleared some amend- aisle, they would like to see much many other issues that are important ments last night. We are going to try more restrictive policies, and on the that are in this bill. to clear some additional amendments other side of the aisle there is a very I agree with my friend from Arizona this morning and adopt some amend- serious concern—and a legitimate con- that we should ask the majority leader ments that can be cleared. We have 155 cern, although I don’t share it—about to make Monday night available for filed amendments, and we have 31 pend- erosion of the constitutional rights and votes after the scheduled vote at 5:30. ing amendments. Again, we are going liberties of American citizens. We need to have votes on amendments. to try to clear some of those today and Hopefully, we can get a vote on that I would hope that amendments that adopt some of those today, and we are amendment so we can move forward to can’t be agreed to will be voted on on going to try to do the same on Monday other very important amendments that Monday night after the vote on the when we return. Members obviously, by the large num- judge, which is scheduled for 5:30. Again, I urge that Senators who want ber of amendments, are very interested I also agree with the Senator from to speak on pending or filed amend- in in this process. I also hope we are Arizona about trying to get a limit on ments, proponents of those amend- able to get a unanimous consent agree- the number of amendments. We will ments, opponents of those amendment to limit, to cut off the number of try again today to see if we can get a

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Let me notify Senators limit amendments to those that are from New Mexico can schedule his pres- on our side that we are more than will- filed by that time. entation. ing to do that same courtesy for them We are going to try to get that done I just wanted to add one additional if they would let our staff know at the with a safety valve, which I suggested thing to what the Senator from Ari- cloakroom this morning. We can do the last night and I think is acceptable to zona said, in addition to agreeing with same thing for Senators on our side as the Republican manager, my friend him. We will be here today and we will the Senator from Arizona properly did from Arizona, which is that, in addi- be here a week from Monday so that for Senators on his side. tion to whatever amendments are filed there will be plenty of opportunity to Mr. MCCAIN. Could I say, I hope by whatever time we put in the unani- debate these pending amendments or Members on both sides, if they have mous consent proposal, there be an ad- other amendments, and people need to amendments, get them to us this morn- ditional two amendments on each side know we are going to be seeking votes ing so we can bring this part of the that would be available to the man- on these pending amendments if we process to an end. agers that would need to be relevant— can’t clear them or work them out. Mr. LEVIN. And if I may, doing what just relevant amendments—to an There will be an opportunity for debate the Senator from Arizona just did will amendment that is filed or relevant to before the vote. also facilitate, hopefully, the accept- the bill. I think you would need a safe- One other comment; that is, I will ance of a unanimous consent request ty valve, and people would understand have a detailed statement addressing that there then be a cutoff as I de- that. Those two amendments would be the detainee issue a little later on this scribed at perhaps noon or 1 o’clock allocable—two amendments each by morning. It will address some of the today so we can know what the uni- the Republican manager and myself, if statements that are incorrect and mis- verse is and begin to whittle it down. that is agreeable. It would take unani- leading which were in the administra- I yield the floor. mous consent, but I think everyone re- tion’s statement on this subject. Also, The ACTING PRESIDENT pro tem- alizes we have to have a universe here some of the statements of our col- pore. The clerk will report by number that we can work with during the next leagues need to be addressed and, I be- the amendments called up by the Sen- week. lieve, corrected. Because this is a com- ator from Arizona. The ACTING PRESIDENT pro tem- plex issue it is important to know what The bill clerk read as follows: pore. The Senator from Arizona. is in the bill and what is not in the bill. The Senator from Arizona [Mr. MCCAIN], Mr. MCCAIN. Mr. President, I don’t If it is properly characterized and if it proposes amendments numbered 1200, 1066, want to talk too much longer. I see our is properly stated, it is still complex, 1067 as modified, 1068, 1119, 1090, 1089, 1056, dear friend from New Mexico, who has but to misstate it or overstate it or to and 1116 en bloc. been serious enough to come in this mischaracterize what is in our bill just The amendments are as follows: morning and debate and discuss his confuses an issue which needs to be de- AMENDMENT NO. 1200 concerns about the bill and amend- bated on its merits and not confused. It (Purpose: To provide Taiwan with critically ments. is complicated enough without obfusca- needed United States-built multirole fight- But I would ask the chairman, we tion and confusion about what is in the er aircraft to strengthen its self-defense have, as the Senator mentioned, a bill on detention or other matters and capability against the increasing military large number of pending amendments— what is not in the bill. threat from China) not just filed but pending—and one of I yield the floor. At the end of subtitle H of title X, add the them, of course, is for the detainee The ACTING PRESIDENT pro tem- following: issue, there is another Paul amend- pore. The Senator from Arizona. SEC. 1088. SALE OF F–16 AIRCRAFT TO TAIWAN. (a) FINDINGS.—Congress makes the fol- AMENDMENTS NOS. 1200, 1066, 1067 AS MODIFIED, ment, and there are several others that lowing findings: 1068, 1119, 1090, 1089, 1056, AND 1116 EN BLOC perhaps we could vote on on Monday, (1) The Department of Defense, in its 2011 as the chairman mentioned. Mr. MCCAIN. Mr. President, I appre- report to Congress on ‘‘Military and Security If any of our colleagues feel they ciate the indulgence of my friend, Sen- Developments Involving the People’s Repub- haven’t the time to amend it, they are ator UDALL. If it is OK with the chair- lic of China,’’ found that ‘‘China continued welcome to come now and they are wel- man, I ask unanimous consent that the modernizing its military in 2010, with a focus come to come on Monday. I understand following amendments be considered on Taiwan contingencies, even as cross- that may cause them some small in- pending on behalf of their sponsors? Strait relations improved. The PLA seeks convenience in their schedule, but if Would that be agreeable? the capability to deter Taiwan independence and influence Taiwan to settle the dispute on For Senator CORNYN, amendment No. they filed a pending amendment, then Beijing’s terms. In pursuit of this objective, there is an amendment pending and 1200, related to Taiwan F–16s; for Sen- Beijing is developing capabilities intended to they ought to be able to adjust their ator AYOTTE, amendment No. 1066, re- deter, delay, or deny possible U.S. support schedules to come and debate it. If lated to financial audits; for Senator for the island in the event of conflict. The they aren’t able to do that, we should AYOTTE, amendment No. 1067, as re- balance of cross-Strait military forces and still be able to dispose of those amend- vised, related to the notification of capabilities continues to shift in the main- ments, I say with great respect and Congress for the initial custody of land’s favor.’’ In this report, the Department courtesy to all of my colleagues. members of al-Qaida; for Senator of Defense also concludes that, over the next decade, China’s air force will remain pri- AYOTTE, amendment No. 1068, related So I hope that Chairman LEVIN and I marily focused on ‘‘building the capabilities and others would say: Look, we are to the authorization of lawful interro- required to pose a credible military threat to going to notify everybody that we are gation methods; for Senator BROWN of Taiwan and U.S. forces in East Asia, deter going to have votes on the following Massachusetts, amendment No. 1119, Taiwan independence, or influence Taiwan to amendments on Monday afternoon related to child custody rights; for Sen- settle the dispute on Beijing’s terms’’. after we vote on the judge. If you are ator BROWN of Massachusetts, amend- (2) The Defense Intelligence Agency (DIA) interested in debating it, we will be ment No. 1090, related to housing al- conducted a preliminary assessment of the here to debate it and discuss it with lowance rates; for Senator BROWN of status and capabilities of Taiwan’s air force Massachusetts, amendment No. 1089, in an unclassified report, dated January 21, you. 2010. The DIA found that, ‘‘[a]lthough Tai- We have to get this legislation passed related to disclosures by schools par- wan has nearly 400 combat aircraft in serv- for the good of the men and women ticipating in tuition assistance; for ice, far fewer of these are operationally capa- who are serving this Nation with far Senator WICKER, amendment No. 1056, ble.’’ The report concluded, ‘‘Many of Tai- greater inconvenience than, frankly, related to military chaplains; and for wan’s fighter aircraft are close to or beyond

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service life, and many require extensive AMENDMENT NO. 1066 (e) EFFECTIVE DATE.—This section shall maintenance support. The retirement of Mi- (Purpose: To modify the Financial Improve- take effect 60 days after the date of the en- rage and F–5 aircraft will reduce the total ment and Audit Readiness Plan to provide actment of this Act, and shall apply with re- size of the Taiwan Air Force.’’ that a complete and validated full state- spect to persons described in subsection (c) (3) Since 2006, authorities from Taiwan ment of budget resources is ready by not who are taken into the custody or brought have made repeated requests to purchase 66 later than September 30, 2014) under the control of the United States on or F–16C/D multirole fighter aircraft from the At the end of subtitle A of title X, add the after that date. United States, in an effort to modernize the following: AMENDMENT NO. 1068 air force of Taiwan and maintain its self-de- SEC. 1005. AUDIT READINESS OF FINANCIAL (Purpose: To authorize lawful interrogation fense capability. STATEMENTS OF DEPARTMENT OF DEFENSE. methods in addition to those authorized by (4) According to a report by the Perryman Section 1003(a)(2)(A)(ii) of the National De- the Army Field Manual for the collection Group, a private economic research and anal- fense Authorization Act for Fiscal Year 2010 of foreign intelligence information through ysis firm, the requested sale of F–16C/Ds to (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. interrogations) Taiwan ‘‘would generate some $8,700,000,000 2222 note) is amended by inserting ‘‘, and At the end of subtitle D of title X, add the in output (gross product) and more than that a complete and validated full statement following: 87,664 person-years of employment in the of budget resources is ready by not later SEC. 1038. AUTHORITY FOR LAWFUL INTERROGA- US,’’ including 23,407 direct jobs, while ‘‘eco- than September 30, 2014’’ after ‘‘validated as TION METHODS IN ADDITION TO nomic benefits would likely be realized in 44 ready for audit by not later than September THE INTERROGATION METHODS AU- states and the District of Columbia’’. 30, 2017’’. THORIZED BY THE ARMY FIELD (5) The sale of F–16C/Ds to Taiwan would AMENDMENT NO. 1067, AS MODIFIED MANUAL. both sustain existing high-skilled jobs in key (Purpose: To require notification of Congress (a) AUTHORITY.—Notwithstanding section United States manufacturing sectors and with respect to the initial custody and fur- 1402 of the Detainee Treatment Act of 2005 create new ones. ther disposition of members of al-Qaeda (10 U.S.C. 801 note), the personnel of the (6) On August 1, 2011, a bipartisan group of and affiliated entities) United States Government specified in sub- 181 members of the House of Representatives At the end of subtitle D of title X, add the section (c) are hereby authorized to engage sent a letter to the President, expressing following: in interrogation for the purpose of collecting support for the sale of F–16C/Ds to Taiwan. SEC. 1038. REQUIRED NOTIFICATION OF CON- foreign intelligence information using meth- On May 26, 2011, a bipartisan group of 45 GRESS WITH RESPECT TO THE INI- ods set forth in the classified annex required members of the Senate sent a similar letter TIAL CUSTODY AND FURTHER DIS- by subsection (b) provided that such interro- POSITION OF MEMBERS OF AL- gation methods comply with all applicable to the President, expressing support for the QAEDA AND AFFILIATED ENTITIES. laws, including the laws specified in sub- sale. Two other members of the Senate wrote (a) REQUIRED NOTIFICATION WITH RESPECT section (d). separately to the President or the Secretary TO INITIAL CUSTODY.— (b) CLASSIFIED ANNEX.—Not later than 90 of State in 2011 and expressed support for (1) IN GENERAL.—When a covered person, as days after the date of the enactment of this this sale. defined in subsection (c), is taken into the Act, and on such basis thereafter as may be (b) SENSE OF CONGRESS.—It is the sense of custody of the United States Government, necessary for the effective collection of for- Congress that— the Secretary of Defense and the Director of eign intelligence information, the Secretary (1) a critical element to maintaining peace National Intelligence shall notify the speci- of Defense shall, in consultation with the Di- and stability in Asia in the face of China’s fied congressional committees, as defined in rector of National Intelligence and the At- two-decade-long program of military mod- subsection (d), within 10 days. torney General, ensure the adoption of a (2) REPORTING REQUIREMENT.—The notifica- ernization and expansion of military capa- classified annex to Army Field Manual 2-22.3 tion submitted pursuant to paragraph (1) bilities is ensuring a militarily strong and that sets forth interrogation techniques and shall be in classified form and shall include, confident Taiwan; approaches, in addition to those specified in at a minimum, the suspect’s name, nation- Army Field Manual 2-22.3, that may be used (2) a Taiwan that is confident in its ability ality, date of capture by or transfer to the to deter Chinese aggression will increase its for the effective collection of foreign intel- United States Government, location of such ligence information. ability to proceed in developing peaceful re- capture or transfer, places of custody since lations with China in areas of mutual inter- (c) COVERED PERSONNEL.—The personnel of capture or transfer, suspected terrorist affili- the United States Government specified in est; ation and activities, and agency responsible (3) the cross-Strait military balance be- this subsection are the officers and employ- for interrogation. ees of the elements of the intelligence com- tween China and our longstanding strategic (b) REQUIRED NOTIFICATION WITH RESPECT munity that are assigned to or support the partner, Taiwan, has clearly shifted in Chi- TO FURTHER DISPOSITION.— entity responsible for the interrogation of na’s favor; (1) IN GENERAL.—Not later than 10 days be- high value detainees (currently known as the fore a change of disposition under section (4) China’s military expansion poses a clear ‘‘High Value Detainee Interrogation 1031(c) is effected, the Secretary of Defense and present danger to Taiwan, and this Group’’), or a successor entity. threat has very serious implications for the and the Director of National Intelligence (d) SPECIFIED LAWS.—The law specified in shall notify and inform the specified con- ability of the United States to fulfill its se- this subsection is as follows: gressional committees of such intended dis- curity obligations to allies in the region and (1) The United Nations Convention Against position. protect our vital United States national in- Torture, signed at New York, February 4, (2) REPORTING REQUIREMENT.—The notifica- terests in East Asia; 1985. tion required under paragraph (1) shall be in (5) Taiwan’s air force continues to deterio- (2) Chapter 47A of title 10, United States classified form and shall include the relevant rate, and it needs additional advanced Code, relating to military commissions (as facts, justification, and rationale that serves multirole fighter aircraft in order to mod- amended by the Military Commissions Act of as the basis for the disposition option cho- ernize its fleet and maintain a sufficient self- 2009 (title XVIII of Public Law 111–84)). sen. defense capability; (c) COVERED PERSONS.—For the purposes of (3) The Detainee Treatment Act of 2005 (6) the United States has a statutory obli- this section, a covered person is a person (title XIV of Public Law 109–163). gation under the Taiwan Relations Act (22 who— (4) Section 2441 of title 18, United States U.S.C. 3301 et seq.) to provide Taiwan the de- (1) is a member of, or part of, al-Qaeda or Code. fense articles necessary to enable Taiwan to an associated force that acts in coordination (e) SUPERSEDURE OF EXECUTIVE ORDER.— maintain sufficient self-defense capabilities, with or pursuant to the direction of al- The provisions of Executive Order No. 13491, in furtherance of maintaining peace and sta- Qaeda; and dated January 22, 2009, shall have no further bility in the western Pacific region; (2) has participated in the course of plan- force or effect, to the extent such provisions (7) in order to comply with the Taiwan Re- ning or carrying out an attack or attempted are inconsistent with the provisions of this lations Act, the United States must provide attack against the United States or its coali- section. Taiwan with additional advanced multirole tion partners. (f) DEFINITIONS.—In this section: fighter aircraft, as well as significant up- (d) SPECIFIED CONGRESSIONAL COMMIT- (1) ELEMENT OF THE INTELLIGENCE COMMU- grades to Taiwan’s existing fleet of multirole TEES.—In this section, the term ‘‘specified NITY.—The term ‘‘element of the intelligence fighter aircraft; and congressional committees’’ means— community’’ means an element of the intel- (8) the proposed sale of F–16C/D multirole (1) the Committee on Armed Services of ligence community listed or designated fighter aircraft to Taiwan would have sig- the Senate; under section 3(4) of the National Security nificant economic benefits to the United (2) the Committee on Armed Services of Act of 1947 (50 U.S.C. 401a(4)). States economy. the House of Representatives; (2) FOREIGN INTELLIGENCE INFORMATION.— (3) the Select Committee on Intelligence of The term ‘‘foreign intelligence information’’ (c) SALE OF AIRCRAFT.—The President shall the Senate; and has the meaning given that term in section carry out the sale of no fewer than 66 F–16C/ (4) the Permanent Select Committee on In- 101(e) of the Foreign Intelligence Surveil- D multirole fighter aircraft to Taiwan. telligence of the House of Representatives. lance Act of 1978 (50 U.S.C. 1801(e)).

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AMENDMENT NO. 1119 Subtitle D—Pay and Allowances (1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, (Purpose: To protect the child custody rights SEC. 641. NO REDUCTION IN BASIC ALLOWANCE FOR HOUSING FOR NATIONAL the Secretary of Defense and the Secretary of members of the Armed Forces deployed GUARD MEMBERS WHO TRANSITION of Transportation shall jointly conduct a in support of a contingency operation) BETWEEN ACTIVE DUTY AND FULL- study to identify the legislative and regu- TIME NATIONAL GUARD DUTY WITH- latory actions that can be taken for purposes At the end of subtitle I of title V, add the OUT A BREAK IN ACTIVE SERVICE. following: as follows: Section 403(g) of title 37, United States (A) To facilitate the obtaining of commer- Code, is amended by adding at the end the SEC. lll. PROTECTION OF CHILD CUSTODY AR- cial driver’s licenses (within the meaning of following new paragraph: RANGEMENTS FOR PARENTS WHO section 31302 of title 49, United States Code) ‘‘(6) The rate of basic allowance for hous- ARE MEMBERS OF THE ARMED by former members of the Armed Forces who FORCES DEPLOYED IN SUPPORT OF ing to be paid a member of the Army Na- operated qualifying motor vehicles as mem- A CONTINGENCY OPERATION. tional Guard of the United States or the Air National Guard of the United States shall bers of the Armed Forces. (a) CHILD CUSTODY PROTECTION.—Title II of not be reduced upon the transition of the (B) To improve the transition of members the Servicemembers Civil Relief Act (50 member from active duty to full-time Na- of the Armed Forces who operate qualifying U.S.C. App. 521 et seq.) is amended by adding tional Guard duty, or from full-time Na- motor vehicles as members of the Armed at the end the following new section: tional Guard duty to active duty, when the Forces into careers operating commercial motor vehicles (as defined in section 31301 of ‘‘SEC. 208. CHILD CUSTODY PROTECTION. transition occurs without a break in active service.’’. such title) in the private sector after separa- ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.— tion from service in the Armed Forces. AMENDMENT NO. 1089 If a motion for change of custody of a child (2) ELEMENTS.—The study required by para- of a servicemember is filed while the service- (Purpose: To require certain disclosures from graph (1) shall include the following: member is deployed in support of a contin- post-secondary institutions that partici- (A) Identification of any training, quali- gency operation, no court may enter an pate in tuition assistance programs of the fications, or experiences of members of the order modifying or amending any previous Department of Defense) Armed Forces described in paragraph (1)(B) judgment or order, or issue a new order, that At the end of subtitle D of title V, add the that satisfy the minimum standards pre- changes the custody arrangement for that following: scribed by the Secretary of Transportation child that existed as of the date of the de- SEC. 547. DISCLOSURE REQUIREMENTS FOR for the operation of commercial motor vehi- ployment of the servicemember, except that POST-SECONDARY INSTITUTIONS cles under section 31305 of title 49, United a court may enter a temporary custody order PARTICIPATING IN DEPARTMENT OF States Code. DEFENSE TUITION ASSISTANCE PRO- if the court finds that it is in the best inter- GRAMS. (B) Identification of the actions the Sec- est of the child. (a) IN GENERAL.—Not later than 180 days retary of Defense can take to document the ‘‘(b) COMPLETION OF DEPLOYMENT.—In any after the date of the enactment of this Act, training, qualifications, and experiences of preceding covered under subsection (a), a the Secretary of Defense, in consultation such members for the purposes described in court shall require that, upon the return of with the Secretary of Education, shall pre- paragraph (1). the servicemember from deployment in sup- scribe regulations requiring post-secondary (C) Identification of the actions the Sec- port of a contingency operation, the custody education institutions that participate in retary of Defense can take to modify the order that was in effect immediately pre- Department of Defense tuition assistance training and education programs of the De- ceding the date of the deployment of the programs, as a condition of such participa- partment of Defense for the purposes de- servicemember be reinstated, unless the tion, to disclose with respect to each student scribed in paragraph (1). court finds that such a reinstatement is not receiving such tuition assistance the fol- (D) An assessment of the feasibility and in the best interest of the child, except that lowing information: advisability of each of the legislative and any such finding shall be subject to sub- (1) Whether the successful completion of regulatory actions identified under the section (c). the advertised education or training program study. by a student meets prerequisites for the pur- (E) Development of recommendations for ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM pose of applying for and completing an ex- legislative and regulatory actions to further DETERMINATION OF CHILD’S BEST INTEREST.— amination or license required as a pre- the purposes described in paragraph (1). If a motion for the change of custody of the condition for employment in the occupation (b) IMPLEMENTATION.—Upon completion of child of a servicemember is filed, no court for which the program is represented to pre- the study required by subsection (a), the Sec- may consider the absence of the servicemem- pare the student. retary of Defense and the Secretary of ber by reason of deployment, or possibility of (2) The completion date of degree, certifi- Transportation shall carry out the actions deployment, in determining the best interest cation, or license sought by the student par- identified under the study which the Secre- of the child. ticipating in the tuition assistance program. taries— ‘‘(d) NO FEDERAL RIGHT OF ACTION.—Noth- (b) APPLICABILITY.—For purposes of this (1) can carry out without legislative ac- ing in this section shall create a Federal section, the term ‘‘Department of Defense tion; and right of action. tuition assistance program’’ applies to finan- (2) jointly consider both feasible and advis- cial tuition assistance provided by the De- able. ‘‘(e) PREEMPTION.—In any case where State partment of Defense to active duty (c) REPORT.— or Federal law applicable to a child custody servicemembers and eligible spouses. (1) IN GENERAL.—Upon completion of the proceeding under State or Federal law pro- AMENDMENT NO. 1056 study required by subsection (a)(1), the Sec- vides a higher standard of protection to the (Purpose: To provide for the freedom of con- retary of Defense and the Secretary of rights of the parent who is a servicemember science of military chaplains with respect Transportation shall jointly submit to Con- than the rights provided under this section, to the performance of marriages) gress a report on the findings of the Secre- the State or Federal court shall apply the taries with respect to the study. At the end of subtitle C of title V, add the State or Federal standard. (2) ELEMENTS.—The report required by following: paragraph (1) shall include the following: ‘‘(f) CONTINGENCY OPERATION DEFINED.—In SEC. 527. FREEDOM OF CONSCIENCE OF MILI- this section, the term ‘contingency oper- TARY CHAPLAINS WITH RESPECT TO (A) A description of the legislative and reg- ation’ has the meaning given that term in THE PERFORMANCE OF MARRIAGES. ulatory actions identified under the study. section 101(a)(13) of title 10, United States A military chaplain who, as a matter of (B) A description of the actions described Code, except that the term may include such conscience or moral principle, does not wish in subparagraph (A) that can be carried out other deployments as the Secretary con- to perform a marriage may not be required by the Secretary of Defense and the Sec- cerned may prescribe.’’. to do so. retary of Transportation without any legislative action. (b) CLERICAL AMENDMENT.—The table of AMENDMENT NO. 1116 (C) A description of the feasibility and ad- contents in section 1(b) of such Act is (Purpose: To improve the transition of mem- visability of each of the legislative and regu- amended by adding at the end of the items bers of the Armed Forces with experience latory actions identified by the study. relating to title II the following new item: in the operation of certain motor vehicles (D) The recommendations developed under into careers operating commercial motor subsection (a)(2)(E). ‘‘208. Child custody protection.’’. vehicles in the private sector) (d) DEFINITIONS.—In this section: AMENDMENT NO. 1090 At the end of subtitle H of title X, add the (1) MOTOR VEHICLE.—The term ‘‘motor ve- following: hicle’’ means a vehicle, machine, tractor, (Purpose: To provide that the basic allow- SEC. lll. IMPROVING THE TRANSITION OF ance for housing in effect for a member of trailer, or semitrailer propelled or drawn by MEMBERS OF THE ARMED FORCES mechanical power and used on land, but does the National Guard is not reduced when WITH EXPERIENCE IN THE OPER- not include a vehicle, machine, tractor, the member transitions between active ATION OF CERTAIN MOTOR VEHI- duty and full-time National Guard duty CLES INTO CAREERS OPERATING trailer, or semitrailer operated only on a rail without a break in active service) COMMERCIAL MOTOR VEHICLES IN line or custom harvesting farm machinery. THE PRIVATE SECTOR. (2) QUALIFYING MOTOR VEHICLE.—The term At the end of title VI, add the following: (a) STUDY.— ‘‘qualifying motor vehicle’’ means a motor

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vehicle or combination of motor vehicles (2) CRIMINAL PENALTIES.—Subsection (d) of (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- used to transport passengers or property section 590 of the Tariff Act of 1930 (19 U.S.C. ble individual’’ means any individual who, on that— 1590(d)) is amended in the matter preceding or after September 11, 2001— (A) has a gross combination vehicle weight paragraph (1) by inserting ‘‘, or attempts or (A) was deployed in support of a contin- rating of 26,001 pounds or more, inclusive of conspires to commit,’’ after ‘‘commits’’. gency operation while serving in the Armed a towed unit with a gross vehicle weight rat- (3) EFFECTIVE DATE.—The amendments Forces; and ing of more than 10,000 pounds; made by this subsection apply with respect (B) during such deployment, was based or (B) has a gross vehicle weight rating of to violations of any provision of section 590 stationed at a location where an open burn 26,001 pounds or more; of the Tariff Act of 1930 on or after the 30th pit was used. (C) is designed to transport 16 or more pas- day after the date of the enactment of this (2) OPEN BURN PIT.—The term ‘‘open burn sengers, including the driver; or Act. pit’’ means an area of land located in Af- (D) is of any size and is used in the trans- (b) INTERAGENCY COLLABORATION.—The As- ghanistan or Iraq that— portation of materials found to be hazardous sistant Secretary of Defense for Research (A) is designated by the Secretary of De- under chapter 51 of title 49, United States and Engineering shall, in consultation with fense to be used for disposing solid waste by Code, and which require the motor vehicle to the Under Secretary for Science and Tech- burning in the outdoor air; and be placarded under subpart F of part 172 of nology of the Department of Homeland Secu- (B) does not contain a commercially manu- title 49, Code of Federal Regulations, or any rity, identify equipment and technology used factured incinerator or other equipment spe- corresponding similar regulation or ruling. by the Department of Defense that could cifically designed and manufactured for the The ACTING PRESIDENT pro tem- also be used by U.S. Customs and Border burning of solid waste. pore. The Senator from New Mexico. Protection to detect and track the illicit use of ultralight aircraft near the international AMENDMENT NO. 1202 Mr. UDALL of New Mexico. Mr. border between the United States and Mex- (Purpose: To clarify the application of the President, let me first say, before I ico. provisions of the Buy American Act to the talk about my amendments, I had the AMENDMENT NO. 1154 opportunity yesterday to listen to Sen- procurement of photovoltaic devices by the (Purpose: To direct the Secretary of Vet- Department of Defense) ator LEVIN, Senator MCCAIN, Senator erans Affairs to establish an open burn pit DURBIN, and many other Senators with registry to ensure that members of the At the end of subtitle B of title VIII, add regard to the debate on this bill. I Armed Forces who may have been exposed the following: to toxic chemicals and fumes caused by thought it was excellent debate. I SEC. 827. APPLICABILITY OF BUY AMERICAN ACT thought it was lively, it was robust, it open burn pits while deployed to Afghani- TO PROCUREMENT OF PHOTO- was to the point, and it was the Senate stan or Iraq receive information regarding VOLTAIC DEVICES BY DEPARTMENT at its best. I don’t know how we get to such exposure) OF DEFENSE. At the end of subtitle H of title X, add the the point where we have the kind of de- (a) IN GENERAL.—Section 2534 of title 10, following: bate they were having on this Defense United States Code, is amended by adding at SEC. lll. ESTABLISHMENT OF OPEN BURN PIT authorization bill, but I hope we can do REGISTRY. the end the following new subsection: more of it, and I look forward to re- (a) IN GENERAL.—Not later than 180 days ‘‘(k) PROCUREMENT OF PHOTOVOLTAIC DE- turning after Thanksgiving and having after the date of the enactment of this Act, VICES.— the opportunity to do that. the Secretary of Veterans Affairs shall— ‘‘(1) CONTRACT REQUIREMENT.—The Sec- I compliment the two top Members of (1) establish and maintain an open burn pit retary of Defense shall ensure that each con- that committee and the other Senators registry for eligible individuals who may tract described in paragraph (2) awarded by who were here on that debate. have been exposed to toxic chemicals and the Department of Defense includes a provi- fumes caused by open burn pits; sion requiring any photovoltaic devices in- AMENDMENTS NOS. 1153, 1154, AND 1202 EN BLOC (2) include any information in such reg- stalled pursuant to the contract, or pursuant Mr. President, I ask unanimous con- istry that the Secretary of Veterans Affairs to a subcontract under the contract, to com- sent to set aside the pending amend- determines necessary to ascertain and mon- ply with the provisions of chapter 83 of title ments in order to call up amendments itor the health effects of the exposure of 41 (commonly known as the ‘Buy American Nos. 1153, 1154, and 1202 by number en members of the Armed Forces to toxic Act’), without regard to whether the con- bloc, and that once the amendments chemicals and fumes caused by open burn tract results in ownership of the photo- are reported the Senate return to the pits; voltaic devices by the Department. (3) develop a public information campaign ‘‘(2) CONTRACTS DESCRIBED.—The contracts regular order. to inform eligible individuals about the open The ACTING PRESIDENT pro tem- described in this paragraph include energy burn pit registry, including how to register savings performance contracts, utility serv- pore. Without objection, it is so or- and the benefits of registering; and ice contracts, power purchase agreements, dered. The clerk will report. (4) periodically notify eligible individuals land leases, and private housing contracts The bill clerk read as follows: of significant developments in the study and pursuant to which any photovoltaic devices The Senator from New Mexico [Mr. treatment of conditions associated with ex- are installed on property or in a facility— UDALL], for himself and others, proposes posure to toxic chemicals and fumes caused ‘‘(A) owned by the Department of Defense; amendments numbered 1153, 1154, and 1202 en by open burn pits. ‘‘(B) leased to the Department of Defense; bloc. (b) REPORT TO CONGRESS.— or (1) REPORT BY INDEPENDENT SCIENTIFIC OR- The amendments are as follows: ‘‘(C) with respect to which the Secretary of GANIZATION.—The Secretary of Veterans Af- the military department concerned has exer- AMENDMENT NO. 1153 fairs shall enter into an agreement with an cised any authority provided under sub- (Purpose: To include ultralight vehicles in independent scientific organization to de- chapter IV of chapter 169 of this title (relat- the definition of aircraft for purposes of velop a report containing the following: ing to alternative authority for the acquisi- the aviation smuggling provisions of the (A) An assessment of the effectiveness of tion and improvement of military housing). Tariff Act of 1930) actions taken by the Secretary to collect ‘‘(3) CONSISTENCY WITH INTERNATIONAL OBLI- At the end of subtitle H of title X, add the and maintain information on the health ef- GATIONS.—Paragraph (1) shall be applied in a following: fects of exposure to toxic chemicals and manner consistent with the obligations of SEC. 1088. INCLUSION OF ULTRALIGHT VEHICLES fumes caused by open burn pits. the United States under international agree- IN DEFINITION OF AIRCRAFT FOR (B) Recommendations to improve the col- ments. CERTAIN AVIATION SMUGGLING lection and maintenance of such informa- ‘‘(4) DEFINITION OF PHOTOVOLTAIC DE- PROVISIONS. tion. VICES.—In this subsection, the term ‘photo- (a) AMENDMENTS TO THE AVIATION SMUG- (C) Using established and previously pub- voltaic devices’ means devices that convert GLING PROVISIONS OF THE TARIFF ACT OF lished epidemiological studies, recommenda- light directly into electricity. 1930.— tions regarding the most effective and pru- ‘‘(5) EFFECTIVE DATE.—This subsection ap- (1) IN GENERAL.—Section 590 of the Tariff dent means of addressing the medical needs plies to photovoltaic devices procured or in- Act of 1930 (19 U.S.C. 1590) is amended— of eligible individuals with respect to condi- stalled on or after the date that is 30 days (A) by redesignating subsection (g) as sub- tions that are likely to result from exposure after the date of the enactment of the Na- section (h); and to open burn pits. tional Defense Authorization Act for Fiscal (B) by inserting after subsection (f) the fol- (2) SUBMITTAL TO CONGRESS.—Not later Year 2012 pursuant to contracts entered into lowing: than 540 days after the date on which the before, on, or after such date of enactment.’’. ‘‘(g) DEFINITION OF AIRCRAFT.—As used in registry required by subsection (a) is estab- this section, the term ‘aircraft’ includes an lished, the Secretary of Veterans Affairs (b) CONFORMING REPEAL.—Section 846 of ultralight vehicle, as defined by the Admin- shall submit to Congress the report devel- the Ike Skelton National Defense Authoriza- istrator of the Federal Aviation Administra- oped under paragraph (1). tion Act for Fiscal Year 2011 (10 U.S.C. 2534 tion.’’. (c) DEFINITIONS.—In this section: note) is repealed.

VerDate Mar 15 2010 01:12 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.005 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7791 AMENDMENT NO. 1153 important to both our active duty motivated me to take action on this Mr. UDALL of New Mexico. Mr. troops and veterans. issue and I urge my colleagues to hear President, I am offering this amend- In both Afghanistan and Iraq open the stories of heroes like him in all 50 ment, along with my cosponsors Sen- air burn pits were widely used at for- States. ators HELLER, BINGAMAN, FEINSTEIN, ward operating bases. Disposing of During my meetings with veterans and GILLIBRAND, to provide a simple fix trash and other debris was admittedly and active duty members of the mili- to a loophole in the Tariff Act of 1930. a major challenge. Commanders had to tary, I have truly learned how impor- Our amendment will allow our Fed- find a way to dispose of it while con- tant it is that we act now. eral agents and prosecutors to crack centrating on the important mission at Among active duty members there is down on smugglers who use ultralight hand. uncertainty regarding the link between aircraft, also known as ULAs, to bring The solution that was chosen, how- burn pits and the illnesses that they drugs across the U.S.-Mexico border. ever, had serious medical and environ- are suffering from. This uncertainty is In the last Congress, then-Congress- mental risks. In Afghanistan and Iraq, discouraging service members from man HELLER introduced a very similar pits of waste were set on fire, some- coming forward to have their illness di- bill in the House with Congresswoman times using jet fuel for ignition. Often- agnosed because they are fearful about GABRIEL GIFFORDS. That bill passed times, these burn pits would turn the the implications on their career. overwhelmingly by a 412–3 vote. I hope sky black. A registry will help create the data we can have a similar bipartisan result Some burn pits were small, but oth- set needed to bring certainty to the here in the Senate. ers covered multiple acres of land. At issue because it will improve our un- ULAs are single-pilot aircraft capa- Joint Base Balad, Iraq, over ten acres derstanding of the link between the ble of flying low, landing and taking off of land were used for burning toxic de- burn pits and illness. The information quickly, and are typically used for bris. will also help DoD better understand sport or for recreation. However, be- This was a base, that at the height of the link and aid their efforts to im- cause of increased detection and inter- its operations, hosted approximately prove treatment of our troops. diction of more traditional smuggling 25,000 military, civilian and coalition The Open Burn Pits Registry Act has conveyances, ULAs have increasingly personnel. These personnel would be bipartisan and bicameral support. In been employed along the Southwest exposed to a toxic soup of chemicals re- the House, Representative AKIN, a Re- border by Mexican drug trafficking or- leased into the atmosphere. According publican, is sponsoring this important ganizations to smuggle drugs into the to air quality measurements taken piece of legislation with a strong bipar- United States. near the base, the air at Balad had tisan group. The use of ULAs by drug smugglers multiple particulates harmful to hu- I thank all the supporters and cham- presents a unique challenge for law en- mans. pions for our veterans suffering from forcement and prosecutors. Every year These particulates ranged from plas- these hidden wounds and I urge my col- hundreds of ULAs are flown across the tics and Styrofoam, metals, chemicals leagues to support this amendment. Southwest border and each one can from paints and solvents, petroleum AMENDMENT NO. 1202 carry hundreds of pounds of narcotics. and lubricants, jet fuel and unexploded Mr. President, solar power increases Under existing law, ULAs are not ordnance, medical and other dangerous energy security for American military categorized as aircraft by the Federal waste . . . all of this was in the air and installations and our troops in the Aviation Administration, so they do being inhaled into the lungs of service field. not fall under the aviation smuggling members. With solar power, our military is less provisions of the Tariff Act of 1930. More specifically, air samples at dependent on the surrounding elec- This means that a drug smuggler pilot- Joint Base Balad turned up some nasty tricity grid or fuel supplies for genera- ing a small airplane is subject to much stuff: Particulate matter—chemicals tors. stronger criminal penalties than a that form from the incomplete burning As a result, the Department of De- smuggler who pilots a ULA. of coal, oil and gas, garbage, or other fense is a leader on utilizing solar Our amendment will close this unin- organic substances—Volatile Organic power—not for environmental reasons, tended loophole and establish the same Compounds such as acetone and ben- but national security reasons. penalties if convicted—a maximum zene. Benzene is known to cause leu- However, if we are going to use tax- sentence of 20 years in prison and a kemia and dioxins associated with payer funds to support military solar $250,000 fine—for smuggling drugs on Agent Orange. power—which also qualifies for solar ULAs as currently exist for smuggling Our veterans have slowly begun to energy tax incentives—we must pro- on airplanes or in automobiles. raise the alarm as they learn why, vide a level playing field for U.S. solar This is a common sense solution that after returning home, they are short of manufacturers. will give our law enforcement agencies breath, or experiencing headaches or Last year’s Defense Authorization and prosecutors additional tools they other symptoms and in some cases de- bill took an important step, by clari- need to combat drug smuggling. veloping cancer. fying that DOD’s Buy American Act re- The amendment would also add an Many other independent organiza- quirements apply to solar. attempt and conspiracy provision to tions have also urged action on this Previously, when solar was installed the aviation smuggling law to allow issue, including the American Lung As- on DOD property, Buy American would prosecutors to charge people other sociation which has stated that: not apply because DOD only owned the than the pilot who are involved in avia- Emissions from burning waste contain fine power, not the panels. tion smuggling. This would give them a particulate matter, sulfur oxides, carbon While last year’s bill attempted to fix new tool to prosecute the ground crews monoxide, volatile organic compounds and this situation, it left 2 loopholes: who aid the pilots as well as those who various irritant gases such as nitrogen ox- No. 1, first, Buy American require- pick up the drug loads that are dropped ides that can scar the lungs. ments still do not apply to many DOD from ULAs in the U.S. The registry created by this amend- facilities, including much of DOD hous- Finally, the amendment directs the ment will help our medical and sci- ing, since these facilities are leased Department of Defense and Depart- entific experts better analyze who was and not technically ‘‘owned’’ by DOD. ment of Homeland Security to collabo- exposed and who is suffering. If we do not close this loophole, several rate in identifying equipment and tech- In New Mexico, service members and hundred megawatts of DOD taxpayer nology used by DOD that could be used veterans have begun to come forward funded solar projects could go to Chi- by U.S. Customs and Border Protection about their medical conditions. Some, nese firms. to detect ULAs. like MSG Jessey Baca, a member of the No. 2, last year’s bill only applied AMENDMENT NO. 1154 New Mexico Air National Guard who Buy American when solar devices are Mr. President, this next amendment was stationed in Balad, Iraq, are facing ‘‘reserved for the exclusive use’’ of would establish an Open Burn Pit Reg- serious ailments such as cancer and DOD for the ‘‘full economic life.’’ Solar istry. This amendment, filed by myself chronic bronchiolitis. It is stories like power projects often sell back to the and lead cosponsor Senator CORKER, is Master Sergeant Baca’s which have grid, so the combined effect of both of

VerDate Mar 15 2010 05:50 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.010 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7792 CONGRESSIONAL RECORD — SENATE November 18, 2011 these loopholes is that Buy American thorization bill. But the Senator is cor- Fears of a clash between Iraqi troops and does not apply to DOD-purchased solar rect. There could be trouble in Udall Kurdish forces were heightened on Thursday on DOD property. Valley. There might be a split. We do when the Kurdish-dominated police in The amendment I am offering today, Kirkuk blocked senior Iraqi Army com- not see that yet, but there is a possi- manders from entering the airbase, where on behalf of myself and Senator SCHU- bility of it. they said they were planning to take over MER, closes these loopholes and applies Mr. MCCAIN. One thing I have the facility from the U.S. military. Buy American requirements to all learned about the Senator from New The Army officials brought reporters from solar panels that are part of contracts Mexico is that he does give all issues a Iraqi State-owned television to document with DOD. fair and objective hearing. He listens the handover, in what appeared to be an ef- If American taxpayer funds are used and he pays attention and he is in- fort to show the nation that Baghdad was in to improve our military bases’ energy charge. The central government, headed by formed in his decisions. I thank him for Prime Minister Nouri al Maliki, is increas- security, American solar firms should taking part in this one. ingly eager to project its power ahead of the have an ability to compete. Mr. UDALL of New Mexico. I also U.S. pullout. We know that other nations like know that when the two of my col- This is about a volatile region, par- China are spending vast resources to leagues—when the chairman and Sen- ticularly in the area around Kirkuk, become leaders in the solar power mar- ator MCCAIN, the ranking member— which is also symptomatic of the en- ket. They do not play by our trade come together on a prevision and are tire northern Iraq border between rules, and they are taking advantage of able to persuade their committee to go Kurdistan, the semiautonomous region our taxpayer funds. with it, that says something to the of Iraq, and the rest of Iraq. The area is This amendment halts that practice, Senate itself, to have that before the inhabited by different ethnic groups while maintaining all existing provi- Senate. I want to study it very care- that range from Turkmen to Arab to sions of the Buy American Act: nations fully. I know Senator GRAHAM was other nationalities who all inhabit the who are in the WTO are not discrimi- down here, who has been very active on area. One of the reasons some of us nated against and existing exemptions this issue and has a tremendous wanted to have a residual force remain such as availability and cost still amount of experience. I look forward to in Iraq—one of actually three major apply. the continuing debate, and I yield the reasons—was because of the tensions in Our amendment is supported by a floor. this area which have already bubbled strong coalition of U.S. solar manufac- Mr. LEVIN. Mr. President, I thank up on several occasions. In fact, there turers, many of which are based over- the Senator from New Mexico again for was a point some months ago where seas, and U.S. workers and labor the comments, but also tell him how two forces were—the Pershmaga, the unions. very much impressed I have been right Kurdish military, and the Iraqi mili- I thank Sen. SCHUMER and his staff from the first day I heard him with his tary—close to a shooting situation. for their work on this and I urge the openmindedness on subjects. It is very The U.S. forces intervened. Obviously, Senate’s support. important that we keep open minds, they are not going to be there. Obvi- Mr. President, I yield the floor. and he has shown just how to do that. ously, already before they have even The ACTING PRESIDENT pro tem- We appreciate that on an issue this left there has been a tense standoff at pore. The Senator from Michigan. complex, particularly on the Defense one of the major airbases in Iraq. Mr. LEVIN. I thank the Senator from bill. I greatly fear—I pray not, but I New Mexico for his remarks. I agree I suggest the absence of a quorum. greatly fear that we will see more and with him; it was a lively debate. I also The ACTING PRESIDENT pro tem- more of these kinds of tensions be- agree with him it is to be desired that pore. The clerk will call the roll. tween the Kurdish area and the rest of kind of debate occurs more often in the The bill clerk proceeded to call the Iraq. A lot of it has to do with oil. A lot Senate. The Senator from New Mexico roll. of it has to do with who is going to con- has been very active in the effort to Mr. MCCAIN. Mr. President, I ask trol the oil revenues in the area. Other have these kinds of debates by rules unanimous consent the order for the parts go back to the era of Saddam changes, which would make these quorum call be rescinded. Hussein, where he moved out Kurdish kinds of debates a lot more likely, and The ACTING PRESIDENT pro tem- individuals and others and moved in by other mechanisms. pore. Without objection, it is so or- people who were loyal to him. There To make an inquiry, did the Senator dered. are still enormous land disputes in the from New Mexico restore the regular Mr. MCCAIN. Mr. President, our staff area as well. Suffice to say, it is a place order to the Levin-McCain amend- is working on various amendments of great tension. I continue to be deep- ment? I missed that. that we could get approved by both ly worried about this kind of tension Mr. UDALL of New Mexico. I did. Let sides. We think there are a number of which could lead to armed conflict, but me say to Chairman LEVIN, not only those on which we can get agreement also over time, in the view of some, lively, robust, but very informative. I to make progress today. While we are could lead to an actual breakup of Iraq learned a lot in the process of listening going through that process, I would into Kurdish areas, Sunni areas, and to him and to Senator MCCAIN and Sen- like to point out the front page of this even two different Shia areas of Iraq. ator DURBIN and the other Senators morning’s Wall Street Journal, I am I am sorry to see this. I am sorry this who came down about the issue. I sorry to note, may be a harbinger of is happening and that there are more think that is the way the Senate works events that will happen in the future, people who are predicting greater ten- best: to have the amendments and var- that will take place in the future, sions in the area, but I have to say, I ious provisions of the Defense author- which will be unfortunate for the am surprised. I am not surprised. The ization bill be a part of a lively and in- United States of America and indeed sad thing about all this—I had a rather, formative debate. tragic for Iraq. shall I say, spirited exchange with the I thank the Senator for that, and I The front page of the Wall Street Secretary of Defense the other day in yield the floor. Journal today says ‘‘Standoff Over U.S. the hearing that was held in the Armed Mr. MCCAIN. Mr. President, I as- Airbase in Iraq.’’ Services Committee. This isn’t a policy sume, then, having watched the debate A tense standoff between local police and matter, this is a not an issue of wheth- and been informed, that the Senator the Iraqi Army played out on Thursday at er we should have French fries served from New Mexico now takes the posi- the gate of the U.S. airbase in the northern in school lunches. This is an issue we tion that Senator LEVIN and I do on city of Kirkuk, where a dispute over land have shed the blood of well over 4,400 this issue, and his next mission is to and oil threatens national stability and young Americans. I greatly fear that convince his colleague from Colorado unity as U.S. forces withdraw. the opportunity that was purchased of the correctness of our position? The territorial conflict, between the cen- with their expenditure of American tral government in Baghdad and the semi- Mr. UDALL of New Mexico. At this autonomous Kurdistan region, is just one blood and treasure may go all for point I am still listening and trying to flash point that some American and Iraqi of- naught because of our failure to main- ascertain as much as I can about the ficials say could boil over after the full pull- tain a residual force in Iraq which, I re- actual provisions of the Defense au- out of U.S. troops at the end of December. peat, was always envisioned when the

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.013 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7793 agreement for U.S. withdrawal was tional assistance, not just to the over- not alone but together with our allies, made by the previous administration— all structure of the Defense Depart- going to ensure it is properly resourced by the way, an agreement I disagreed ment but also to our military per- in order to be a contributing factor in with at that time. sonnel. These deal with protecting the the stability of Afghanistan. So I hope that when Prime Minister individual service men and women This year, once again, I also had the Maliki comes to Washington next from exploitation by businesses and by privilege of serving as the chairman of month some of these issues can be other financial entities. We have taken the Seapower Subcommittee alongside ironed out, that we can have greater some steps going forward with the cre- Senator WICKER, whom I wish to thank cooperation. But I don’t think there is ation of the new Consumer Financial for his thoughtful and significant con- any doubt that right now up in the Protection Bureau’s Office of Service tribution to the legislation. The area of Kirkuk, they are paying much Members Affairs, headed by Holly Seapower Subcommittee is focused on attention to the statements that may Petraeus, but we have to do more. I the needs of the Navy, Marine Corps, be made by the U.S. Embassy in Bagh- hope we can in this bill. and the strategic mobility forces. The dad. I am also proposing amendments that subcommittee put particular emphasis I suggest the absence of a quorum. would address some of the inconsist- on supporting Marine and naval forces The ACTING PRESIDENT pro tem- encies in the policies of National Guard engaged in combat operations, improv- pore. The clerk will call the roll. dual-status technicians. A further area ing efficiencies, and applying the sav- The bill clerk proceeded to call the of concern is better coordination be- ings to higher priority programs. roll. tween the mental health care provided The subcommittee specifically in- Mr. REED. Mr. President, I ask unan- by the Department of Defense and the cluded requested funding for two Vir- imous consent that the order for the community providers, particularly for ginia-class submarines, the DDG–1000 quorum call be rescinded. The ACTING PRESIDENT pro tem- members of the National Guard and Program, the Aircraft Carrier Replace- pore. Without objection, it is so or- Reserve and their families. They often ment Program, the DDG–51 Aegis De- dered. don’t have the opportunity to be close stroyer Program, the Littoral Combat Mr. REED. Mr. President, I rise in to a major military installation and so Ship (LCS) Program, the LHA® Am- support of the National Defense Au- coordination with local community phibious Assault Ship, the Joint High thorization Act for Fiscal Year 2012. I providers is so critical to helping these Speed Vessel, the Mobile Landing Plat- wish to commend Senator LEVIN and members and their families. I hope, form, and the P–8 maritime patrol air- Senator MCCAIN for their leadership in again, we can work together to get craft. All these weapons systems are bringing this piece of legislation to the these provisions included in the legis- important aspects of Navy and Marine floor. All my colleagues in the Armed lation. projection power throughout the world. Services Committee have done a re- Let me highlight a few of the meas- I am particularly pleased, obviously, markable job and have done it with ures in the overall legislation that are about the continued support for the great discipline and dedication and very important. It authorizes a 1.6-per- Virginia-class submarine program and concern for the men and women of our cent across-the-board pay raise and re- the DDG–1000, which are integral parts Armed Forces and the defense of the authorizes over 30 types of bonuses and not only of our national security but of Nation. special pays for our men and women in the economy of New England. This is the 50th consecutive Defense uniform. This is critical in meeting the The subcommittee also included lan- authorization bill that the Senate has needs of our military personnel. guage that would require the Depart- considered, and I hope we will soon be The legislation also authorizes the ment of Navy to restructure plans to able to send it to the President for his full funding of the DOD’s Mine Resist- replace the canceled Expeditionary signature. We owe this to our service ant Ambush Protected Vehicle, the Fighting Vehicle system for the Marine men and women who are devoting MRAP program, which provides for the Corps and to complete an analysis of themselves, and indeed their families sustainment of MRAPs and M–ATVs to the Amphibious Combat Vehicle alter- also, to the protection of the United protect our troops on the ground. natives before launching into a Marine States. Again, having recently returned about Personnel Carrier acquisition program. We made difficult decisions in put- 3 weeks ago from Afghanistan, these Essentially, the Marine Corps is re- ting together this bill, especially in are critical weapon systems. My col- studying their ability to move marines these challenging economic times. We leagues on the committee who also fre- from ship to shore and then from shore were able to find $26 billion in savings quently travel into these war zones inland to exploit the beachhead, and from the original budget request the will attest to that fact. I am pleased we that careful study is necessary before President submitted earlier this year. included this provision in the legisla- they make a commitment for future But I am confident this bill provides a tion. programs for equipment. budget that allows the Department of The proposed legislation also author- We also included language that would Defense to combat current threats, izes $11.2 billion for the Afghan Secu- permit the Navy to use multiyear pro- plan for future threats and provide for rity Forces Fund to train and equip the curement authority to buy common the welfare and protection of those Afghan Army and police. This is a $1.6 cockpits and avionic systems for the men and women and their families who billion reduction from the President’s Navy’s H–60 helicopters in the most ef- serve this Nation. request. The CENTCOM commander, ficient manner. I am pleased that at the start of the General Mattis, and Lieutenant Gen- Let me conclude by once again debate on this important measure, that eral Caldwell, who was the commander thanking Senator WICKER, particularly we were able to take up and pass Sen- on the ground, determined that this re- for his help with respect to the ator AYOTTE’s amendment on strategic duction could be made because of the Seapower Subcommittee, and thanking airlift, which I was pleased to cospon- efficiencies being achieved by the all my colleagues. I think we have a sor. I was, indeed, very impressed with NATO training mission in Afghanistan. good piece of legislation before us. I Senator AYOTTE’s thorough under- We have to be much more efficient hope in the process of amending it, we standing of this issue, her ability to going forward in terms of resources, can improve the bill, and I look for- seize on a point and make sure it is and we also have to prepare for the ward to sending such a bill to the fully understood. We were able to also long term support, not alone but with President for his signature. bring together leaders of our services, our international partners, of the cre- I yield the floor. the Department of Defense, ation and sustainment of the Afghan The ACTING PRESIDENT pro tem- TRANSCOM, and the Air Force, so that National Security Forces. It represents pore. The Senator from Michigan. this decision was based on a very thor- probably the most significant compo- Mr. LEVIN. Mr. President, first, let ough analysis. We owe a great deal of nent, long term, of stabilizing Afghani- me thank the Senator from Rhode Is- thanks to Senator AYOTTE for her ex- stan. We cannot do it alone. There has land, my dear friend, for all the work traordinary performance in this regard. to be political will and capacity. As we he does on our committee and the I am also working on several other develop this military force, we also other work he does for the Senate. He amendments that would provide addi- have to think ahead about how we are, is an invaluable member of our Armed

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.020 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7794 CONGRESSIONAL RECORD — SENATE November 18, 2011 Services Committee, and I just want to a plan to end reimbursements from the Coa- conducting the ‘hard’ combat missions. Be- not let this moment pass without ac- lition Support Fund to the Government of tween those willing and able to pay the price knowledging that. Pakistan for operations conducted in support and bear the burdens of alliance commit- I yield the floor. of Operation Enduring Freedom. ments, and those who enjoy the benefits of (b) ELEMENTS.—The report required under NATO membership – be they security guar- Mr. MCCAIN. I suggest the absence of subsection (a) shall include the following ele- antees or headquarters billets – but don’t a quorum. ments: want to share the risks and the costs. This is The ACTING PRESIDENT pro tem- (1) A characterization of the types of reim- no longer a hypothetical worry. We are there pore. The clerk will call the roll. bursements requested by the Government of today. And it is unacceptable’’. The bill clerk proceeded to call the Pakistan. (7) In that same speech on June 10, 2011, roll. (2) An assessment of the total amount re- Secretary of Defense Gates added that ‘‘I am Mr. MCCAIN. Mr. President, I ask imbursed to the Government of Pakistan, by the latest in a string of U.S. defense secre- unanimous consent that the order for fiscal year, since the beginning of Operation taries who have urged allies privately and Enduring Freedom. the quorum call be rescinded. publicly, often with exasperation, to meet (3) The percentage and types of reimburse- agreed-upon NATO benchmarks for defense The ACTING PRESIDENT pro tem- ment requests made by the Government of spending. However, fiscal, political and de- pore. Without objection, it is so or- Pakistan for which the United States Gov- mographic realities make this unlikely to dered. ernment has denied payment. happen anytime soon, as even military stal- AMENDMENTS NOS. 1171, 1172, AND 1173 (4) An assessment of whether the oper- warts like the U.K have been forced to ratch- Mr. MCCAIN. Mr. President, on be- ations conducted by the Government of et back with major cuts to force structure. Pakistan in support of Operation Enduring half of Senator CORKER, I ask unani- Today, just five of 28 allies – the U.S., U.K., Freedom and reimbursed from the Coalition mous consent to temporarily set aside France, Greece, along with Albania – exceed Support Fund have materially impacted the the agreed 2% of GDP spending on defense’’. the pending amendment and call up the ability of terrorist organizations to threaten (8) Secretary of Defense Gates also stated following amendments en bloc: amend- the stability of Afghanistan and Pakistan that ‘‘[t]he blunt reality is that there will be ment No. 1171, terrorist activities in and to impede the operations of the United dwindling appetite and patience in the U.S. Pakistan; amendment No. 1172, coali- States in Afghanistan. Congress – and in the American body politic tion support in Pakistan; and amend- (5) Recommendations for, and a timeline to writ large – to expend increasingly precious ment No. 1173, Sense of the Senate re- implement, a plan to end reimbursements funds on behalf of nations that are appar- garding NATO. from the Coalition Support Fund to the Gov- ently unwilling to devote the necessary re- ernment of Pakistan. The ACTING PRESIDENT pro tem- sources or make the necessary changes to be (c) FORM.—The report required under sub- serious and capable partners in their own de- pore. Without objection, it is so or- section (a) shall be submitted in unclassified fense. Nations apparently willing and eager dered. form, but may contain a classified annex. for American taxpayers to assume the grow- The clerk will report. AMENDMENT NO. 1173 ing security burden left by reductions in Eu- The bill clerk read as follows: (Purpose: To express the sense of the Senate ropean defense budgets’’. The Senator from Arizona [Mr. MCCAIN], on the North Atlantic Treaty Organization) (b) SENSE OF SENATE.—It is the sense of the for Mr. CORKER, proposes amendments en At the end of subtitle C of title XII, add Senate— bloc numbered 1171, 1172, and 1173. the following: (1) to commend the North Atlantic Treaty The amendments are as follows: SEC. 1243. SENSE OF SENATE ON THE NORTH AT- Organization for historically providing an LANTIC TREATY ORGANIZATION. extension to the United States security ca- AMENDMENT NO. 1171 (a) FINDINGS.—The Senate makes the fol- pabilities; and (Purpose: To prohibit funding for any unit of lowing findings: (2) to call upon the President— a security force of Pakistan if there is (1) The North Atlantic Treaty Organiza- (A) to engage each of the member states of credible evidence that the unit maintains tion (NATO) historically set a target com- the North Atlantic Treaty Organization in a connections with an organization known to mitment for member states to spend two per- dialogue about the long-term health of the conduct terrorist activities against the cent of their gross domestic product on their North Atlantic Alliance and strongly encour- United States or United States allies) defense expenditures. age each of the member states to make a se- At the end of subtitle B of title XII, add (2) In 2010, the North Atlantic Treaty Orga- rious effort to protect defense budgets from the following: nization identified only 5 member states further reductions, better allocate and co- SEC. 1230. PROHIBITION ON ASSISTANCE FOR meeting this target for defense expenditures, ordinate the resources presently available, PAKISTAN SECURITY FORCES WITH including the United States, Albania, and recommit to spending at least two per- CONNECTIONS TO TERRORIST OR- France, Greece, and the United Kingdom, cent of gross domestic product on defense; GANIZATIONS. leaving 23 member states short of meeting and None of the amounts authorized to be ap- the target. (B) to examine and report to Congress on propriated by this or any other Act may be (3) Secretary of Defense Robert Gates made recommendations that will lead to a strong- made available to any unit of the security the following statement on the North Atlan- er North Atlantic Alliance in terms of mili- forces of Pakistan if the Secretary of De- tic Treaty Organization on October 14, 2010, tary capability and readiness across the 28 fense determines that the United States Gov- in a conversation with reporters: ‘‘[m]y member states, with particular focus on the ernment has credible evidence that the unit worry is that the more our allies cut their smaller member states. maintains connections with an organization capabilities, the more people will look to the known to conduct terrorist activities against United States to cover whatever gaps are Mr. MCCAIN. Mr. President, I yield the United States or United States allies. created. . . And at a time when we’re facing the floor. AMENDMENT NO. 1172 stringencies of our own, that’s a concern for The ACTING PRESIDENT pro tem- (Purpose: To require a report outlining a me’’. pore. The Senator from Michigan. plan to end reimbursements from the Coa- (4) Secretary of State Hillary Clinton, in AMENDMENTS NOS. 1117, 1187, AND 1211 lition Support Fund to the Government of an interview with the BBC on October 15, Pakistan for operations conducted in sup- 2010, stated that ‘‘NATO has been the most Mr. LEVIN. Mr. President, I ask port of Operation Enduring Freedom) successful alliance for defensive purposes in unanimous consent that the pending At the end of subtitle B of title XII, add the history of the world, I guess, but it has amendments be temporarily set aside to be maintained. Now each country has to the following: to call up, on behalf of Senator BINGA- be able to make its appropriate contribu- SEC. 1230. REPORT ON ENDING COALITION SUP- tions’’. MAN, amendment No. 1117; and on be- PORT FUND REIMBURSEMENTS TO half of Senator GILLIBRAND, amend- THE GOVERNMENT OF PAKISTAN (5) On March 30, 2011, Admiral James G. FOR OPERATIONS CONDUCTED IN Stavridis stated in a hearing before the Com- ments Nos. 1187 and 1211. SUPPORT OF OPERATION ENDURING mittee on Armed Services of the House of Before the clerk reports, I also ask FREEDOM. Representatives that ‘‘[w]e need to be em- unanimous consent that Senator GILLI- (a) IN GENERAL.—Not later than 120 days phatic with our European allies that they BRAND be added as a cosponsor of after the date of the enactment of this Act, should spend at least the minimum NATO 2 the Secretary of Defense, in consultation percent’’. amendment No. 1092, the Levin-McCain with the Secretary of State and the Special (6) In a speech delivered in Brussels on counterfeit parts amendment. Representative for Afghanistan and Paki- June 10, 2011, Secretary of Defense Gates fur- The ACTING PRESIDENT pro tem- stan, shall submit a report to the congres- ther stated that ‘‘[i]n the past, I’ve worried pore. Without objection, it is so or- sional defense committees and the Com- openly about NATO turning into a two- dered. mittee on Foreign Relations of the Senate tiered alliance: Between members who spe- and the Committee on Foreign Affairs of the cialize in ‘soft’ humanitarian, development, The clerk will report. House of Representatives a report outlining peacekeeping, and talking tasks, and those The bill clerk read as follows:

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The Senator from Michigan [Mr. LEVIN], SEC. 1108. EXPEDITED HIRING AUTHORITY FOR (1) be based on merit-based selection proce- for Senators Bingaman and Gillibrand, pro- DEFENSE INFORMATION TECH- dures in accordance with the requirements of poses amendments en bloc numbered 1117, NOLOGY/CYBER WORKFORCE. sections 2304(k) and 2374 of title 10, United 1187, and 1211. (a) EXPEDITED HIRING AUTHORITY.—Chapter States Code, or on competitive procedures; 81 of title 10, United States Code, is amended The amendments are as follows: and by adding at the end the following new sec- (2) comply with other applicable provisions AMENDMENT NO. 1117 tion: (Purpose: To provide for national security of law. ‘‘§ 1599e. Information technology/cyber work- benefits for White Sands Missile Range and force: expedited hiring authority (d) STATE DEFINED.—In this section, the Fort Bliss) term ‘‘State’’ means each of the several ‘‘(a) AUTHORITY.—For purposes of sections States, the Commonwealth of Puerto Rico, At the end of subtitle H of title X, add the 3304, 5333, and 5753 of title 5, the Secretary of following: the District of Columbia, Guam, and the Vir- Defense— SEC. ll. WHITE SANDS MISSILE RANGE AND gin Islands. FORT BLISS. ‘‘(1) may designate any category of Infor- (e) FUNDING.— (a) WITHDRAWAL.— mation Technology/Cyber workforce posi- (1) FUNDS AVAILABLE.—The amount author- (1) IN GENERAL.—Subject to valid existing tions in the Department of Defense as posi- ized to be appropriated by section 301 and rights and paragraph (3), the Federal land de- tions for which there exists a shortage of available for operation and maintenance for scribed in paragraph (2) is withdrawn from— candidates or for which there is a critical the Army National Guard as specified in the (A) entry, appropriation, and disposal hiring need; and funding table in section 4301 is hereby in- under the public land laws; ‘‘(2) may use the authorities provided in creased by $70,000,000, with the amount of the (B) location, entry, and patent under the those sections to recruit and appoint quali- mining laws; and fied persons directly to positions so des- increase to be available for assistance au- (C) operation of the mineral leasing, min- ignated, and should appoint veterans to thorized by this section. eral materials, and geothermal leasing laws. those positions to the maximum extent pos- (2) OFFSETS.—(A) The amount authorized to be appropriated by section 301 and avail- (2) DESCRIPTION OF FEDERAL LAND.—The sible. Federal land referred to in paragraph (1) con- ‘‘(b) ANNUAL REPORT.—The Secretary of able for operation and maintenance for the sists of— Defense shall submit an annual report to the Army as specified in the funding table in sec- (A) the approximately 5,100 acres of land congressional defense committees detailing tion 4301 is hereby reduced by $33,400,000, depicted as ‘‘Withdrawal Area’’ on the map the number of people hired under the author- with the amount of the reduction to be allo- entitled ‘‘White Sands Military Reservation ity of this section, the number of people so cated to amounts otherwise available for the Withdrawal’’ and dated May 3, 2011; hired who transfer to a field outside the cat- Army for recruiting and advertising. (B) the approximately 37,600 acres of land egory of Information Technology/Cyber (B) The amount authorized to be appro- depicted as ‘‘Parcel 1’’, ‘‘Parcel 2’’, and ‘‘Par- workforce, and the number of veterans who priated by section 301 and available for oper- cel 3’’ on the map entitled ‘‘Don˜ a Ana Coun- apply for, and are hired, for positions under ation and maintenance for the Navy as speci- ty Land Transfer and Withdrawal’’ and dated this authority. fied in the funding table in section 4301 is ‘‘(c) SUNSET.—The Secretary may not ap- April 20, 2011; and hereby reduced by $16,200,000, with the point a person to a position of employment (C) any land or interest in land that is ac- amount of the reduction to be allocated to under this section after September 30, 2017.’’. quired by the United States within the amounts otherwise available for the Navy for (b) CLERICAL AMENDMENT.—The table of recruiting and advertising. boundaries of the parcels described in subsections at the beginning of such chapter is paragraph (B). (C) The amount authorized to be appro- amended by adding at the end the following priated by section 301 and available for oper- (3) LIMITATION.—Notwithstanding para- new item: graph (1), the land depicted as ‘‘Parcel 3’’ on ation and maintenance for the Marine Corps ‘‘1599e. Information technology/cyber work- the map described in paragraph (2)(B) is not as specified in the funding table in section force: expedited hiring author- withdrawn for purposes of the issuance of oil 4301 is hereby reduced by $11,700,000, with the ity.’’. and gas pipeline rights-of-way. amount of the reduction to be allocated to (b) RESERVATION.—The Federal land de- AMENDMENT NO. 1211 amounts otherwise available for the Marine scribed in subsection (a)(2)(A) is reserved for (Purpose: To authorize the Secretary of De- Corps for recruiting and advertising. use by the Secretary of the Army for mili- fense to provide assistance to State Na- (D) The amount authorized to be appro- tary purposes in accordance with Public tional Guards to provide counseling and re- priated by section 301 and available for oper- Land Order 833, dated May 21, 1952 (17 Fed. integration services for members of reserve ation and maintenance for the Air Force as Reg. 4822). components of the Armed Forces ordered specified in the funding table in section 4301 (c) TRANSFER OF ADMINISTRATIVE JURISDIC- to active duty in support of a contingency is hereby reduced by $8,700,000, with the TION.—Effective on the date of enactment of operation, members returning from such amount of the reduction to be allocated to this Act, administrative jurisdiction over active duty, veterans of the Armed Forces, amounts otherwise available for the Air the approximately 2,050 acres of land gen- and their families) erally depicted as ‘‘Parcel 1’’ on the map de- Force for recruiting and advertising. scribed in subsection (a)(2)(B)— At the end of subtitle H of title V, add the following: Mr. LEVIN. Mr. President, I ask for (1) is transferred from the Secretary of the the regular order on the Levin-McCain Army to the Secretary of the Interior (act- SEC. 577. SUPPORT FOR NATIONAL GUARD COUN- SELING AND REINTEGRATION SERV- amendment. ing through the Director of the Bureau of ICES. The ACTING PRESIDENT pro tem- Land Management); and (a) ASSISTANCE AUTHORIZED.—The Sec- (2) shall be managed in accordance with— retary of Defense may provide assistance to pore. The amendment is now the pend- (A) the Federal Land Policy and Manage- a State National Guard to support programs ing question. ment Act of 1976 (43 U.S.C. 1701 et seq.); and to provide pre-deployment and post-deploy- Mr. LEVIN. Mr. President, I note the (B) any other applicable laws. ment outreach, reintegration, and readjust- (d) LEGAL DESCRIPTION.— absence of a quorum. ment services to the following persons: (1) IN GENERAL.—As soon as practicable (1) Members of reserve components of the The ACTING PRESIDENT pro tem- after the date of enactment of this Act, the Armed Forces who reside in the State or are pore. The clerk will call the roll. Secretary of the Interior shall publish in the members of the State National Guard re- Federal Register a legal description of the The bill clerk proceeded to call the gardless of place of residence and who are or- Federal land withdrawn by subsection (a). roll. dered to active duty in support of a contin- (2) FORCE OF LAW.—The legal description gency operation. Mr. MERKLEY. Mr. President, I ask published under paragraph (1) shall have the (2) Members described in paragraph (1) unanimous consent that the order for same force and effect as if included in this the quorum call be rescinded. Act, except that the Secretary of the Inte- upon their return from such active duty. rior may correct errors in the legal descrip- (3) Veterans (as defined in section 101(2) of The ACTING PRESIDENT pro tem- tion. title 38, United States Code). pore. Without objection, it is so or- (4) Dependents of persons described in (3) REIMBURSEMENT OF COSTS.—The Sec- dered. retary of the Army shall reimburse the Sec- paragraph (1), (2), or (3). (b) ELEMENTS OF PROGRAMS.—Programs AMENDMENTS NOS. 1239, 1256, 1257, AND 1258 EN retary of the Interior for any costs incurred supported under subsection (a) shall use di- BLOC by the Secretary of the Interior in imple- rect person-to-person outreach and other rel- menting this subsection with regard to the evant activities to ensure that eligible per- Mr. MERKLEY. Mr. President, I ask Federal land described in subsection sons receive all the services and support unanimous consent that the pending (a)(2)(A). available to them during pre-deployment, de- amendment be set aside. I call up en AMENDMENT NO. 1187 ployment, and reintegration periods. bloc 1239, 1256, 1257, and 1258. (Purpose: To expedite the hiring authority (c) MERIT-BASED OR COMPETITIVE DECI- The PRESIDING OFFICER. Without for the defense information technology/ SIONS.—A decision to commit, obligate, or cyber workforce) expend funds with or to a specific State Na- objection, it is so ordered. At the end of title XI, add the following: tional Guard under subsection (a) shall— The clerk will report.

VerDate Mar 15 2010 05:50 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.023 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7796 CONGRESSIONAL RECORD — SENATE November 18, 2011 The legislative clerk read as follows: tral government, a national police force and (A) HUBZONE EFFECTIVE DATE.—The Sec- The Senator from Oregon [Mr. MERKLEY] army, and effective civic institutions. retary of Housing and Urban Development, proposes amendments numbered 1239, 1256, (11) Such nation-building efforts in Afghan- after consultation with the Administrator of 1257, and 1258 en bloc. istan are undermined by corruption, high il- the Small Business Administration, shall literacy, and a historic aversion to a strong designate a date that is not later than 3 Mr. MERKLEY. Mr. President, I ask central government in that country. months after the publication of the list of that reading of the amendments be dis- (12) The continued concentration of United qualified census tracts under paragraph (1) pensed with. States and NATO military forces in one re- upon which the list published under para- The ACTING PRESIDENT pro tem- gion, when terrorist forces are located in graph (1) becomes effective for areas that pore. Without objection, it is so or- many parts of the world, is not an efficient qualify as HUBZones under section 3(p)(1)(A) dered. use of resources. of the Small Business Act (15 U.S.C. The amendments are as follows: (13) The battle against terrorism is best 632(p)(1)(A)). served by using United States troops and re- (B) SECTION 42 EFFECTIVE DATE.—The Sec- AMENDMENT NO. 1239 sources in a counterterrorism strategy retary of Housing and Urban Development (Purpose: To expand the Marine Gunnery against terrorist forces wherever they may shall designate a date, which may differ from Sergeant John David Fry scholarship to in- locate and train. the HUBZone effective date under subpara- clude spouses of members of the Armed (14) The United States Government will graph (A), upon which the list of qualified Forces who die in the line of duty) continue to support the development of Af- census tracts published under paragraph (1) At the end of subtitle H of title X, add the ghanistan with a strong diplomatic and shall become effective for purposes of section following: counterterrorism presence in the region. 42(d)(5)(B)(ii) of the Internal Revenue Code of SEC. 1088. EXPANSION OF MARINE GUNNERY SER- (b) BENCHMARKS REQUIRED.—The President 1986. GEANT JOHN DAVID FRY SCHOLAR- shall establish, and may update from time to (3) RULE OF CONSTRUCTION.—Nothing in this SHIP. time, a comprehensive set of benchmarks to subsection may be construed to affect the (a) EXPANSION OF ENTITLEMENT.—Sub- evaluate progress being made toward the ob- method used by the Secretary of Housing section (b)(9) of section 3311 of title 38, jective of transitioning and transferring lead and Urban Development to designate census United States Code, is amended by inserting security responsibilities in Afghanistan to tracts as qualified census tracts in a year in ‘‘or spouse’’ after ‘‘child’’. the Government of Afghanistan by December which the Secretary of Housing and Urban (b) LIMITATION AND ELECTION ON CERTAIN 31, 2014. Development receives no data from the Cen- BENEFITS.—Subsection (f) of such section is (c) TRANSITION PLAN.—The President shall sus Bureau relating to census tract bound- amended— devise a plan based on inputs from military aries. (1) by redesignating paragraph (2) as para- commanders, the diplomatic missions in the (b) REPORT.—Not later than 1 year after graph (4); and region, and appropriate members of the Cabi- the date of enactment of this Act, the Ad- (2) by inserting after paragraph (1) the fol- net, along with the consultation of Congress, ministrator of the Small Business Adminis- lowing new paragraphs: for expediting the drawdown of United tration shall submit to the Committee on ‘‘(2) LIMITATION.—The entitlement of an in- States combat troops in Afghanistan and ac- Small Business and Entrepreneurship of the dividual to assistance under subsection (a) celerating the transfer of security authority Senate and the Committee on Small Busi- pursuant to paragraph (9) of subsection (b) to Afghan authorities. ness of the House of Representatives a report because the individual was a spouse of a per- (d) SUBMITTAL TO CONGRESS.—The Presi- that— son described in such paragraph shall expire dent shall include the most current set of (1) describes the benefits and drawbacks of on the earlier of— benchmarks established pursuant to sub- using qualified census tract data to des- ‘‘(A) the date that is 15 years after the date section (b) and the plan pursuant to sub- ignate HUBZones under section 3(p) of the on which the person died; and section (c) with each report on progress. Small Business Act (15 U.S.C. 632(p)); ‘‘(B) the date on which the individual re- AMENDMENT NO. 1257 (2) describes any problems encountered by marries. (Purpose: To require a plan for the expedited the Administrator in using qualified census ‘‘(3) ELECTION ON RECEIPT OF CERTAIN BENE- transition of responsibility for military tract data to designate HUBZones; and FITS.—A surviving spouse entitled to assist- and security operations in Afghanistan to (3) includes recommendations, if any, for ance under subsection (a) pursuant to para- the Government of Afghanistan) ways to improve the process of designating graph (9) of subsection (b) who is also enti- On page 484, strike line 22 through line 24 HUBZones. tled to educational assistance under chapter and insert the following: Mr. MERKLEY. Mr. President, I call 35 of this title may not receive assistance (c) TRANSITION PLAN.—The President shall for the regular order. under both this section and such chapter, but devise a plan based on inputs from military The ACTING PRESIDENT pro tem- shall make an irrevocable election (in such commanders, the diplomatic missions in the form and manner as the Secretary may pre- pore. The amendment is now pending. region, and appropriate members of the Cabi- Mr. MERKLEY. Mr. President, I sug- scribe) under which section or chapter to re- net, along with the consultation of Congress, ceive educational assistance.’’. gest the absence of a quorum. for expediting the drawdown of United The ACTING PRESIDENT pro tem- (c) EFFECTIVE DATE.—The amendments States combat troops in Afghanistan and ac- made by this section shall take effect on the celerating the transfer of security authority pore. The clerk will call the roll. date that is 90 days after the date of the en- to Afghan authorities. The legislative clerk proceeded to actment of this Act. (d) SUBMITTAL TO CONGRESS.—The Presi- call the roll. AMENDMENT NO. 1256 dent shall include the most current set of Mr. LEVIN. Mr. President, I ask (Purpose: To require a plan for the expedited benchmarks established pursuant to sub- unanimous consent that the order for transition of responsibility for military section (b) and the plan pursuant to sub- the quorum call be rescinded. and security operations in Afghanistan to section (c) with each report on progress. The ACTING PRESIDENT pro tem- the Government of Afghanistan) AMENDMENT NO. 1258 pore. Without objection, it is so or- On page 484, strike lines 8 through 24 and (Purpose: To require the timely identifica- dered. insert the following: tion of qualified census tracts for purposes Mr. LEVIN. Mr. President, in a short (8) During the course of Operation Endur- of the HUBZone program, and for other while I hope we will have, and expect ing Freedom, members of the Armed forces, purposes) that we will have, some amendments intelligence personnel, and the diplomatic At the appropriate place, insert the fol- that have been cleared on both sides corps have skillfully achieved the core goal lowing: that we are going to be able to offer of the United States strategy in Afghani- SEC. ll. DESIGNATION OF QUALIFIED CENSUS and hopefully adopt. stan, and Secretary of Defense Leon E. Pa- TRACTS. netta has noted that al Qaeda’s presence in (a) DESIGNATION.— What I thought I would do now is Afghanistan has been greatly diminished. (1) IDENTIFICATION OF HUBZONE QUALIFIED make a fairly lengthy statement about (9) On May 1, 2011, in support of the goal to CENSUS TRACTS.—Not later than 2 months statements which have been made rel- disrupt, dismantle, and defeat al Qaeda, after the date on which the Secretary of ative to the detainee provisions in S. President Obama authorized a United States Housing and Urban Development receives 1867. First, I want to comment on the operation that killed Osama bin Laden, lead- from the Census Bureau the data obtained statements that were made in the er of al Qaeda. While the impact of his death from each decennial census relating to cen- Statement of Administration Policy— on al Qaeda remains to be seen, Secretary of sus tracts necessary for such identification, this is a so-called SAP. So when I refer Defense Robert Gates called the death of bin the Secretary of Housing and Urban Develop- to SAP during these comments, and I Laden a ‘‘game changer’’ in a speech on May ment shall identify and publish the list of 6, 2011. census tracts that meet the requirements of use that term, it is the acronym which (10) Over the past ten years, the mission of section 42(d)(5)(B)(ii) of the Internal Revenue means Statement of Administration the United States has evolved to include a Code of 1986. Policy. prolonged nation-building effort in Afghani- (2) SPECIFICATION OF EFFECTIVE DATES OF I am going to first quote exactly stan, including the creation of a strong cen- DESIGNATION.— from the SAP, and then I am going to

VerDate Mar 15 2010 05:50 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.025 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7797 comment and show why these state- custody. In fact, it does not mandate terminations of coverage, authorizes ments I am referring to are inaccurate. military custody and does not tie the the executive branch waiver of mili- From the SAP: administration’s hands because it in- tary detention requirements where Section 1031 attempts to expressly codify cludes a national security waiver they do apply, and expressly authorizes the detention authority that exists under which allows suspects to be held in ci- the transfer of any detainee to civilian the authorization for Use of Military Force. vilian custody. custody for trial. The authorization for use of military Next quote: The next quote from the SAP: force is referred to as the AUMF. The Moreover, applying this military custody The waiver provision fails to address these quote continues: requirement to individuals inside the United concerns, particularly in time-sensitive op- States, as some Members of Congress have The authorities granted by the AUMF, in- erations in which law enforcement personnel suggested is their intention, would raise seri- cluding the detention authority, are essen- have traditionally played the leading role. ous and unsettled legal questions and would tial to our ability to protect the American It is not clear why the administra- be inconsistent with the fundamental Amer- people from the threat posed by al-Qaida and tion thinks the use of a waiver would ican principle that our military does not pa- its associated forces, and have enabled us to trol our streets. be problematic in time-sensitive oper- confront the full range of threats this coun- ations. The need for a waiver is not Well, the administration itself asked try faces from those organizations and indi- triggered until the executive branch viduals. that we delete limitations in section determines an individual is covered. 1031 on the applicability of detention Well, Mr. President, given how im- The President has control over who authority inside the United States that portant the administration says these makes these determinations, how they would have excluded U.S. citizens and authorities are, it should be helpful to are made, and when they are made, so lawful residents based on conduct tak- have them codified so they can stand the executive branch should not be ing place inside the United States to on the strongest possible footing. faced by a determination of coverage the extent authorized by the Constitu- The next quote: for which it is not ready. And even if, tion. The exact words were ‘‘except to Because the authorities codified in this for some reason, executive branch offi- the extent authorized by the Constitu- section [1031] already exist, the administra- cials were not ready to deal with their tion.’’ tion does not believe codification is nec- own determination, the provision spe- essary and poses some risk. If it is appropriate to authorize mili- cifically provides that a determination tary detention inside the United States The quote continues: of coverage may not be used to inter- under section 1031, it is not at all clear After a decade of settled jurisprudence on rupt ongoing surveillance, intelligence what ‘‘serious and unsettled legal ques- detention authority, Congress must be care- gathering, or interrogation sessions. tions’’ in this narrow category of cases ful not to open a whole new series of legal The next quote from the SAP: questions that will distract from our efforts could be raised by requiring such de- to protect the country. tention subject to a national security These problems are all the more acute be- waiver. Further, nothing in section cause the section defines the category of in- The quote continues: dividuals who would be subject to mandatory While the current language minimizes 1032 would require or even permit our military custody by substituting new and many of those risks, future legislative action military to ‘‘patrol our streets.’’ untested legislative criteria for the criteria must ensure that the codification in statute Section 1032 applies, by its very term, that the Executive and Judicial Branches are of express military detention authority does only to a person ‘‘who has been cap- currently using for detention under AUMF in not carry unintended consequences that tured in the course of hostilities’’ au- both habeas litigation and military oper- could compromise our ability to protect the thorized by the AUMF. The provision ations. Such confusion threatens our ability American people. has no applicability to a person who to act swiftly and decisively to capture, de- Well, Mr. President, section 1031 was has not already been so captured and tain, and interrogate terrorism suspects, and written by administration officials for could disrupt the collection of vital intel- does not speak to the question of when ligence about threats to the American peo- the purpose of codifying existing au- or where such a capture might be au- ple. thority. The description of persons cov- thorized. The SAP is wrong. Detention under ered is identical to the position taken The provision does not give the mili- section 1032 is expressly limited to per- by the administration and upheld in tary authority to make arrests or con- sons for whom detention is authorized the courts. The provision specifically duct any law enforcement functions in- under criteria currently used by the ex- provides that nothing in the provision side the United States. ecutive branch and the courts. The new either limits or expands the authority Next quote: of the President or the scope of the and untested legislative criteria about We have spent ten years since September which the SAP expresses concern is AUMF. 11, 2001, breaking down the walls between in- It is also worth noting that the SAP telligence, military, and law enforcement language narrowing the application of does not support the argument made professionals; Congress should not now re- the provision to a small category of by some Senators that section 1031 cre- build those walls and unnecessarily make those for whom detention is already ates a new or unprecedented authority. the job of preventing terrorist attacks more authorized. On the contrary, the Statement of Ad- difficult. Also, because the provision addresses ministration Policy, the SAP, ac- In answer to that, it is not clear what only the question of whether an indi- knowledges the provision codifies ex- walls the administration thinks the vidual should be transferred to mili- isting law. provision builds. Nothing in this provi- tary custody after capture, it is not Now, this is hardly surprising since sion limits the participation of law en- clear how it could possibly threaten the committee accepted all of the ad- forcement or intelligence professionals the ability of executive branch officials ministration’s proposed changes to sec- in the interrogation of detainees in to act swiftly and decisively to capture tion 1031. military custody or vice versa or the anybody. I am continuing to quote from the sharing of information. Because the provision expressly Statement of Administration Policy: Next quote: states it may not be applied to inter- Specifically, the provision would limit the fere with an ongoing surveillance, in- The administration strongly objects to the telligence gathering, and interroga- military custody provision of section 1032, flexibility of our national security profes- which would appear to mandate military sionals to choose, based on the evidence and tions, it is not clear how it could pos- custody for a certain class of terrorism sus- the facts and the circumstances of each case, sibly threaten the ability of executive pects. This unnecessary, untested and legally which tool for incapacitating dangerous ter- branch officials to interrogate ter- controversial restriction of the President’s rorists best serves our national security in- rorism suspects or disrupt the collec- authority to defend the Nation from ter- terests. tion of vital intelligence about threats rorist threats would tie the hands of our in- The provision does not limit the to the American people. telligence and law enforcement profes- flexibility of the executive branch to The next quote from the SAP: sionals. choose the appropriate tool for taking Rather than fix the fundamental defects of Well, Mr. President, it is interesting on terrorists. On the contrary, the pro- section 1032 or remove it entirely, as the ad- that the SAP states the amendment vision expressly directs the President ministration and the chairs of several con- would ‘‘appear to’’ mandate military to establish procedures for making de- gressional committees with jurisdiction over

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The first comment of Sen- do not come to fruition. detention facility in the United States is an ator FEINSTEIN that I wish to address is The administration reviewed the lan- unwise intrusion on the military’s ability to the one where she said: ‘‘Section 1031 guage directing the President to de- transfer its detainees as operational needs needs to be reviewed to consider wheth- dictate. velop procedures and they made several er it is consistent with the September suggestions for improvements to that This provision is the same as the pro- 18, 2001, authorization for use of mili- language. The committee adopted all visions included in last year’s author- tary force.’’ of the administration’s suggestions. ization and appropriations acts which On this one, the committee accepted The remaining change suggested by the were signed by the President. In discus- all of the administration’s language sions on this issue, administration offi- administration, which the committee changes which were written to ensure cials made a single priority request— did not adopt, was a proposal to limit that the provision is consistent with that the provision be made a 1-year the application of the provision to per- the AUMF. The provision specifically limitation instead of a permanent limi- sons captured abroad. This difference states it does not ‘‘limit or expand the tation. The committee agreed to that does not constitute a myriad of prob- authority of the President on the scope lems which are complex or hard to un- change. The next quote from the SAP: of the AUMF.’’ The SAP on the provi- derstand. sion states that ‘‘the authorities codi- Section 1035 conflicts with the consensus- This is the last comment they make fied in this section already exist’’ on that section: based interagency approach to detainee reviews required under Executive Order No. under the AUMF. Requiring the President to devise such pro- 13567, which establishes procedures to ensure The next quote from the Senator cedures concedes the substantial risks cre- that periodic review decisions are informed from California is the following. Sec- ated by mandating military custody, with- by the most comprehensive information and tion 1031: out providing an adequate solution. As a re- considered views of all relevant agencies. sult, it is likely that implementing such pro- . . . would authorize the indefinite detention cedures would inject significant confusion Section 1035 does not conflict with of American citizens without charge or trial. into counterterrorism operations. the Executive order of the interagency Do we want to go home and tell the people of The language referred to was in- review process established in the Exec- America that we’re going to hold them if utive order; rather, it requires the such a situation comes up without any re- cluded to address concerns expressed view, without any habeas? by the administration. That does not issuance of procedures to implement the review process required by the Ex- in any way constitute an acknowledg- The committee accepted all of the ecutive order. ment that the concerns were valid. administration’s proposed changes to The Executive order states that a Whether these concerns were valid or section 1031, and as the administration Gitmo detainee will not be released if has acknowledged, the provision does not, they have now been resolved by the interagency process results in a specific language in the revised provi- nothing more than codify existing law. unanimous recommendation against Indeed, as revised pursuant to adminis- sion. release. The Executive order states Continuing: tration recommendations, the provi- that a Gitmo detainee will be released sion expressly ‘‘affirms’’ an authority The certification and waiver, required by if the interagency process results in a that already exists. The Supreme Court section 1033 before a detainee may be trans- unanimous recommendation for referred from Guantanamo Bay to a foreign held in the Hamdi case that existing country, continue to hinder the Executive lease. But it is silent as to what hap- law authorizes the detention of Amer- Branch’s ability to exercise its military, na- pens if the process does not result in a ican citizens under the law of war in tional security, and foreign relations activi- unanimous recommendation. the limited circumstances spelled out ties. While these provisions may be intended The provision in the bill addresses here, so this is nothing new. to be somewhat less restrictive than the that issue by providing that no Gitmo The initial bill reported by the com- analogous provisions in current law, they detainee will be released without the mittee included language expressly continue to pose unnecessary obstacles, ef- consent of the Secretary of Defense. precluding ‘‘the detention of citizens or fectively blocking transfers that would ad- This does not contradict the Executive vance our national security interests, and lawful resident aliens of the United order; it is a truism, since nobody can States on the basis of conduct taking would, in certain circumstances, violate con- be released without agreement of all of stitutional separation of powers principles. place within the United States, except The Executive Branch must have the flexi- the agencies. to the extent permitted by the Con- In discussions with the committee, bility to act swiftly in conducting negotia- stitution of the United States.’’ administration officials did not even tions with foreign countries regarding the The administration asked that this raise this provision as a priority issue. circumstances of detainee transfers. language be removed from the bill. Mr. The provision is not only ‘‘intended Finally, on the Statement of Admin- istration Policy, the SAP: President, 1031 does not refer to habeas to be somewhat less restrictive’’ than and in no way limits habeas, nor could provisions that are included in pre- Section 1036, in addition to imposing onerous requirements, conflicts with procedures it. No American can be held in military vious authorization and appropriations for detainee reviews in the field that have detention without habeas review and acts signed by the President, it is less been developed based on many years of expe- no non-American can be held in mili- restrictive. Unlike last year’s bill, this rience by military officers and the Depart- tary detention inside the United States provision includes a waiver, which al- ment of Defense. without habeas. For non-Americans lows the administration to proceed The only new requirement imposed outside the United States, the bill re- with a transfer even if the certification by section 1036 is the requirement for a quires the administration to establish requirements cannot be met. military judge and legal representation review procedures, including, for the Congress has expressed strong con- for any detainee who will be held in first time, a military judge and access cerns about recidivism among Gitmo long-term custody. In discussions with to a military lawyer for the status de- detainees who have been released in the committee, the administration did termination. the past. It cannot be in our national not object to this new requirement. On The next quote of the Senator from security interests to ‘‘act swiftly’’ if the contrary, the only change re- California is the following. Under Sec- we fail to provide adequate safeguards quested by the administration in this tion 1032: against terrorists rejoining the fight provision was to strike the words . . . any noncitizen al-Qaida operative cap- against us. ‘‘long-term.’’ The committee did not tured in the United States would be auto- In discussions on this issue, adminis- agree to this proposed change because matically turned over to military custody. tration officials have made a single pri- it would have been onerous to impose Military custody for captured terrorists may ority request—that the provision be this requirement in the case of all de- make sense in some cases, but certainly not made a 1-year limitation instead of a tainees, including those who are cap- all. permanent limitation. And the com- tured and released or held on a short- Mr. President, Section 1032 does not mittee agreed to that change. term basis. mandate military custody. It does not

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Cases of attempted al-Qaida tion would have the discretion to waive This was the same allegation made attacks on American soil have been military detention and hold a detainee by the statement of administration in civilian custody if it decided to do highly publicized and receive extensive scrutiny, understandably, in Congress. policy. It is erroneous, and I addressed so. the answer to that allegation in my re- The next quote in the case of We are not aware of more than half a dozen cases, total, over the last decade. marks a little earlier today, relative to Najibullah Zazi: the statement of administration pol- If the mandatory military custody in the The reason the debate on this issue always seems to come back to the same icy, the SAP, so I am not going to com- armed service bill was law— ment further. But I would direct every- The committee bill was law— handful of cases appears to be there only are a handful of cases that are one back to those comments on the all of the surveillance activities, all of what statement of administration policy the FBI did would have to be transferred im- covered by this provision potentially. In her next quote: similar to that statement of the Sen- mediately to the military. . . . Then the gov- ator from California, which I addressed ernment would have been forced to split up The administration contends that the co-defendants, even in cases where they oth- mandatory military custody is unwise beat that time. erwise could be prosecuted as part of the cause our allies will not extradite terror sus- I appreciate the patience of our Pre- same conspiracy. pects to the United States for interrogation siding Officer. This was a long state- Zazi was a permanent legal resident. His and prosecution or even provide evidence ment, but I think it is essential we un- co-conspirators were both U.S. citizens. They about suspected terrorists if they will be derstand there are issues that need to would be prosecuted on terrorist charges in sent to a military brig or Guantanamo. be debated and should be debated, but Federal criminal court, but Zazi himself This provision expressly states that there is nothing but confusion created would be transferred to military custody. the waiver authority may be used to on an issue that is already complex Two different detention and prosecution sys- address these concerns and to assure an when misstatements are made about tems would play out and could well com- ally that a suspect will not be held in plicate a unified prosecution. what is in a bill of the committee and military custody if transferred to the what is not in the bill of a committee. It is not accurate to say everything United States and if that assurance is The words in the committee bill are the FBI did in the Zazi case would have necessary to obtain that transfer. Ad- words that are clear. They need to be had to be ‘‘transferred immediately to ministration officials suggested a debated, but they should not be exag- the military.’’ First, it is not at all wording change to preclude misinter- gerated or misinterpreted. This is an clear Zazi was covered by the provision pretation of this provision and the important debate. We had a good de- because we don’t know that he was al- committee adopted the very wording bate yesterday, and I expect we will Qaida, and in any event there is an ex- proposed by the administration. complete this debate on Monday so we clusion because he is a lawful resident The next quote of the Senator from can vote on these detention provisions alien of the United States. California is that Section 1033: and amendments relative thereto of Second, until a coverage determina- . . . essentially establishes a de facto ban on Senator UDALL hopefully on Monday tion was made, no transfer would be re- transfers of detainees out of Guantanamo, night. quired and the President would decide even for the purpose of prosecution in United I yield the floor. how and when that determination States courts or in other countries. AMENDMENT NO. 1087 would be made. There is no limitation at all in the Mr. LEAHY. Mr. President, I ask Finally, even if Zazi were somehow bill on the transfer of Gitmo detainees unanimous consent that the pending determined to be covered, the require- to the United States for trial or for any amendment be set aside, and amendment could have been waived and Zazi other purpose. With regard to the ment No. 1087, the Leahy FOIA amend- could have been kept in civilian cus- transfer to other countries, Section ment, be called up and then be set tody in the discretion of the executive 1033 is less restrictive than current aside. branch. law, which was signed by the Presi- The ACTING PRESIDENT pro tem- Also, as to this statement that the dent. pore. Without objection, it is so or- executive branch would be forced to The next quote I would address is the dered. split up codefendants in the Zazi case, following. Section 1033: The clerk will report. even if he was covered by the provision . . . requires the Secretary of Defense to The legislative clerk read as follows: or in any other case, that is because make a series of certifications that are un- The Senator from Vermont [Mr. LEAHY] reasonable and candidly unknowable before the provision includes a waiver that proposes an amendment numbered 1087. any detainee is transferred out of Guanta- would have allowed him to be held in The amendment is as follows: civilian custody from the outset if the namo. Again, an example, the administration proposed eliminating the requirement (Purpose: To improve the provisions relating executive branch officials decided to do that the Secretary of Defense certified that to the treatment of certain sensitive na- so and also because the provision ex- the foreign country from whence the de- tional security information under the pressly authorizes the transfer of any tainee will be sent to is not quote ‘facing a Freedom of Information Act) military detainee to civilian custody threat that is likely to substantially affect Strike section 1044 and insert the fol- for trial in the Federal courts even its ability to exercise its control over the in- lowing: without a waiver. So executive branch dividual.’ SEC. 1044. TREATMENT UNDER FREEDOM OF IN- officials are always able to consolidate The same language was included in FORMATION ACT OF CERTAIN SEN- cases should they decide to do so in the last year’s authorization and appro- SITIVE NATIONAL SECURITY INFOR- MATION. priations bills that were signed by the Federal courts. (a) CRITICAL INFRASTRUCTURE SECURITY IN- The next statement which the Sen- President. We added a waiver provision FORMATION.— ator made was the following: this year to make it easier to transfer (1) IN GENERAL.—The Secretary of Defense The Department of Justice has said that detainees. In discussion with the com- may exempt Department of Defense critical approximately one-third of terrorists mittee, the administration made a sin- infrastructure security information from discharged in Federal court in 2010 would be gle priority request on this issue; that closure under section 552 of title 5, United subject to mandatory military detention, ab- the provision be made a 1-year limita- States Code, upon a written determination sent a waiver from the Secretary of Defense. tion instead of a permanent limitation, that— Taking the Justice Department at its (A) the disclosure of such information and the committee agreed to that would reveal vulnerabilities in such infra- word, there have been approximately change. structure that, if exploited, could result in 300 terrorist cases in Federal court Finally, the last quote of the Senator the disruption, degradation, or destruction over the last 10 years or about 30 a from California from yesterday that I of Department of Defense operations, prop- year. One-third of that number would am going to address is the following: erty, or facilities; and

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.031 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7800 CONGRESSIONAL RECORD — SENATE November 18, 2011 (B) the public interest in the disclosure of Act, FOIA, contained in the bill. This grants the Secretary of Defense, or his dele- such information does not outweigh the Gov- amendment is supported by a broad co- gate, the authority to expand protections ernment’s interest in withholding such infor- alition of open government groups from public disclosure for any information mation from the public. from across the political spectrum. I that could result in the ‘‘disruption, deg- (2) INFORMATION PROVIDED TO STATE OR radation, or destruction’’ of Department of hope that the Senate will adopt it. LOCAL FIRST RESPONDERS.—Critical infra- Defense (DoD) operations, property, or facili- structure security information covered by a For 45 years, the Freedom of Infor- ties. The language defining ‘‘critical infra- written determination under this subsection mation Act has been a cornerstone of structure information’’ is exceedingly broad, that is provided to a State or local govern- open government and a hallmark of our encapsulating information that is crucial for ment to assist first responders in the event democracy, ensuring that the Amer- the public to understand public health and that emergency assistance should be re- ican people have access to their gov- safety risks and information already pro- quired shall be deemed to remain under the ernment’s records. My amendment will tected under one of the Freedom of Informa- control of the Department of Defense. tion Act’s (FOIA) other exemptions. help ensure that FOIA remains a viable We believe that the provision is intended (b) MILITARY FLIGHT OPERATIONS QUALITY tool for access to information that im- ASSURANCE SYSTEM.—The Secretary of De- to address agency concerns about protecting fense may exempt information contained in pacts the health and safety of the information since the Supreme Court threw any data file of the Military Flight Oper- American public. out the broad use of FOIA Exemption Two in ations Quality Assurance system of a mili- I am concerned that the exemption Milner v. Department of Navy. Granting DoD tary department from disclosure under sec- included in the NDAA would allow the carte-blanche to withhold information under tion 552 of title 5, United States Code, upon Department of Defense to keep secret an exceedingly broad and ill-defined rubric of a written determination that the disclosure important information that Americans ‘‘critical infrastructure information’’ is not of such information in the aggregate (and the right step, especially given that DoD has need to know to protect their own misused such authority to hide information when combined with other information al- health and safety. For example, there ready in the public domain) would reveal in the past. have been alarming reports about the Between 1957 and 1987, the United States sensitive information regarding the tactics, Marine Corps knowingly allowed as many as techniques, procedures, processes, or oper- Department of Defense keeping citi- one million Marines and their family mem- ational and maintenance capabilities of mili- zens in the dark about health hazards, bers at Camp Lejeune to be exposed to a host tary combat aircraft, units, or aircrews. In- such as groundwater contamination on of toxic chemicals, including known human formation covered by a written determina- military facilities, by claiming that carcinogens benzene and vinyl chloride. Ci- tion under this subsection shall be exempt this information was a matter of na- vilian employees who worked on the base from disclosure under such section 552 even tional security. While I certainly un- and people who live in the communities when such information is contained in a data derstand the need for the government around the base near Jacksonville, NC, are file that is not exempt in its entirety from to keep certain sensitive information now reporting a high incidence of cancers. such disclosure. For years, the Marine Corps kept this secret, (c) DELEGATION.—The Secretary of Defense confidential, I believe this exemption blocking many attempts to uncover the may delegate the authority to make a deter- goes too far. truth—even after the first news of water con- mination under subsection (a) or (b) to any This amendment adds a public inter- tamination broke in 1987. Many FOIA re- civilian official in the Department of De- est balancing test to the Secretary of quests for information about the contamina- fense or a military department who is ap- Defense’s determination about whether tion were denied, sometimes using Exemp- pointed by the President, by and with the ad- to withhold critical infrastructure in- tion Two in a way that is no longer allow- vice and consent of the Senate. formation from the public. This change able after this year’s Milner decision. The (d) TRANSPARENCY.—Each determination of will help ensure that truly sensitive in- entire truth about the incident only came to the Secretary, or the Secretary’s designee, light in part from information accidentally under subsection (a) or (b) shall be made in formation is protected, while allowing (and temporarily) posted on the internet by writing and accompanied by a statement of the public to obtain important information about potential health and the Marine Corps. the basis for the determination. All such de- We support language in Senator Leahy’s terminations and statements of basis shall safety concerns. An essentially iden- proposed amendment that helps protect be available to the public, upon request, tical provision is contained in the against such cover-ups by requiring DoD to through the office of the Assistant Secretary House-passed version of this bill. weigh whether there is an over-riding public of Defense for Public Affairs. The amendment I offer today will interest in disclosing the information and (e) DEFINITIONS.—In this section: also revise the language in section 1044 further protects public health and safety by (1) The term ‘‘Department of Defense crit- related to Military Flight Operations tightening the definition of ‘‘critical infra- ical infrastructure security information’’ structure security information’’ to make it means sensitive but unclassified information Quality Assurance Systems to ensure that truly sensitive flight information clear that the Secretary may withhold only that could substantially facilitate the effec- information that could substantially in- tiveness of an attack designed to destroy is protected, while maintaining the crease effectiveness of a terrorist attack. equipment, create maximum casualties, or public’s interest in obtaining informa- The Leahy Amendment also would slightly steal particularly sensitive military weapons tion about the safety of military air- modify another exemption to FOIA in Sec- including information regarding the securing craft. tion 1044 for information in the data files of and safeguarding of explosives, hazardous This amendment strikes an appro- the Military Flight Operations Quality As- chemicals, or pipelines, related to critical in- priate balance between safeguarding surance System, which we support, though frastructure or protected systems owned or we would prefer it to be further narrowed or operated by or on behalf of the Department the ability of the Department of De- fense to perform its vital missions and stricken altogether. of Defense, including vulnerability assess- We urge you to pass the Leahy Amendment ments prepared by or on behalf of the De- the public’s right to know. I hope that to narrow the overly-broad Section 1044, and partment, explosives safety information (in- all Senators will support this common- welcome an opportunity to discuss this issue cluding storage and handling), and other sense amendment and that the Senate with you further. To reach our groups, you site-specific information on or relating to in- will adopt it without delay. or your staff may contact Patrice McDer- stallation security. I ask unanimous consent that the mott, Director of OpenTheGovernment.org, (2) The term ‘‘data file’’ means a file of the text of a letter in support of this at 202–332–6736 or Military Flight Operations Quality Assur- amendment be printed in the RECORD. pmcdermottriOpenthegovernmentorg or An- ance system that contains information ac- There being no objection, the mate- gela Canterbury, Director of Public Policy at quired or generated by the Military Flight the Project On Government Oversight, at Operations Quality Assurance system, in- rial was ordered to be printed in the 202–347–1122 or acanterburygpogo.org. cluding the following: RECORD, as follows: Sincerely, (A) Any data base containing raw Military NOVEMBER 17, 2011. 3P Human Security; American Association Flight Operations Quality Assurance data. DEAR SENATORS: On behalf of the under- of Law Libraries; American Booksellers (B) Any analysis or report generated by signed organizations, we are writing to urge Foundation for Free Expression; American the Military Flight Operations Quality As- you to support an amendment offered by Library Association; American Society of surance system or which is derived from Senator Patrick Leahy (D-VT) to fix an over- News Editors; Association of Research Li- Military Flight Operations Quality Assur- broad and ill-defined provision relating to braries; Agency for Toxic Substances and ance data. ‘‘critical infrastructure information,’’ in Disease Registry’s Camp Lejeune Commu- Mr. LEAHY. Mr. President, today I Section 1044 of the National Defense Author- nity Assistance Panel; Center for Inter- national Policy; Californians Aware; Citizens offer an amendment to the National ization Act that could prevent the public from having access to critical health and se- for Responsibility and Ethics in Wash- Defense Authorization Act, NDAA, curity information. ington—CREW; Defending Dissent Founda- that would address an overbroad ex- Section 1044, as written in the bill passed tion; Environmental Working Group; Essen- emption to the Freedom of Information by the Senate Armed Services Committee, tial Information; Federation of American

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.012 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7801 Scientists; Feminists for Free Expression; and recoveries from fraud cases—far Oregon, and subsequent management and Freedom of Information Center at the Mis- more than it costs to investigate and property disposal shall be carried out in ac- souri School of Journalism; Friends of the prosecute these matters. The recovery cordance with procedures and authorities Earth; Fund for Constitutional Government; of these vast sums of money dem- contained in the Defense Base Closure and Government Accountability Project—GAP. Realignment Act of 1990 (part A of title Heart of America Northwest; Just Foreign onstrates that investment in fraud en- XXIX of Public Law 101–510; 10 U.S.C. 2687 Policy; Liberty Coalition; National Associa- forcement pays for itself many times note). tion of Social Workers, North Carolina Chap- over. (c) COMPLIANCE WITH ENVIRONMENTAL ter; National Coalition Against Censorship; The centerpiece provision of the LAWS.—Nothing in this section shall be con- National Freedom of Information Coalition; Fighting Fraud to Protect Taxpayers strued to affect or limit the application of, Northern California Association of Law Li- Act capitalizes on this rate of return or any obligation to comply with, any envi- braries; OMB Watch; by ensuring that a percentage of ronmental law, including the Comprehensive OpenTheGovernment.org; Project On Gov- money recovered by the government Environmental Response, Compensation, and ernment Oversight—POGO; Public Employ- Liability Act of 1980 (42 U.S.C. 9601 et seq.) ees for Environmental Responsibility— through fines and penalties is rein- and the Solid Waste Disposal Act (42 U.S.C. PEER; Reporters Committee for Freedom of vested in the investigation and pros- 6901 et seq.). the Press; Society of Professional Journal- ecution of fraud cases. That means (d) RETENTION OF PROPERTY AND FACILI- ists; Southwest Research and Information that we can ensure more fraud enforce- TIES.—The Secretary of the Army may retain Center; Special Libraries Association; Sun- ment, more returns to the government, minimum essential ranges, facilities, and light Foundation; Tri-Valley CAREs (Com- and more savings to taxpayers, all training areas at Umatilla Chemical Depot munities Against a Radioactive Environ- without spending new taxpayer money. totaling approximately 7,500 acres as a train- ment); Washington Coalition for Open Gov- The bill also makes other modest ing enclave for the reserve components of ernment the Armed Forces to permit the conduct of changes to promote accountability and individual and annual training. AMENDMENT NO. 1186 to ensure that prosecutors and inves- AMENDMENT NO. 1253 Mr. LEAHY. Mr. President, I ask tigators, including the Secret Service, unanimous consent to call up the (Purpose: To provide for the retention of have the tools they need to combat members of the reserve components on ac- Leahy-Grassley amendment No. 1186, fraud. For example, it extends the Fighting Fraud to Protect Taxpayers tive duty for a period of 45 days following international money laundering stat- an extended deployment in contingency Act, and it then be set aside. ute to tax evasion crimes and increases operations or homeland defense missions The ACTING PRESIDENT pro tem- key fines. The bill also promotes ac- to support their reintegration into civilian pore. Without objection, it is so or- countability through increased report- life) dered. ing and transparency. At the end of subtitle B of title V, add the The clerk will report. The renewed focus on fraud enforce- following: The legislative clerk read as follows: ment we have seen from Congress and SEC. 515. TEMPORARY RETENTION ON ACTIVE The Senator from Vermont [Mr. LEAHY], DUTY AFTER DEMOBILIZATION OF this administration has yielded signifi- RESERVES FOLLOWING EXTENDED for himself and Mr. GRASSLEY, proposes an cant results, but we must continue to DEPLOYMENTS IN CONTINGENCY amendment numbered 1186. strengthen the tools that law enforce- OPERATIONS OR HOMELAND DE- (The text of the amendment is print- ment has to root out fraud. Hard- FENSE MISSIONS. ed in today’s RECORD under ‘‘Text of working, taxpaying Americans deserve (a) IN GENERAL.—Chapter 1209 of title 10, Amendments.’’) United States Code, is amended by adding at to know that their government is doing the end the following new section: Mr. LEAHY. Mr. President, I am all it can to prevent fraud and hold proud to have joined once again with ‘‘§ 12323. Reserves: temporary retention on those who commit fraud accountable active duty after demobilization following Senator GRASSLEY to offer the bipar- for their crimes. Fighting fraud and tisan Fighting Fraud to Protect Tax- extended deployments in contingency oper- protecting taxpayer dollars are issues ations or homeland defense missions payers Act as an amendment to the Na- Democrats and Republicans have long ‘‘(a) IN GENERAL.—Subject to subsection tional Defense Authorization Act. worked together to address. I thank (d), a member of a reserve component of the Combating fraud is a vital issue on Senator GRASSLEY for his commitment armed forces described in subsection (b) shall which we have a long track record of to these issues, and ask all Senators to be retained on active duty in the armed working together, with great success. support this amendment. forces for a period of 45 days following the conclusion of the member’s demobilization In these trying economic times, crack- AMENDMENT NO. 1160 AND AMENDMENT NO. 1253 from a deployment as described in that sub- ing down on fraud, which has harmed EN BLOC section, and shall be authorized the use of so many hardworking Americans, is Mr. WYDEN. Mr. President, I ask more important than ever. any accrued leave. unanimous consent for the pending ‘‘(b) COVERED MEMBERS.—A member of a Fraud in military contracting and amendment to be set aside, and to call reserve component of the armed forces de- procurement is a persistent problem up amendment No. 1160 and amend- scribed in this subsection is any member of which costs taxpayers millions and ment No. 1253 en bloc. a reserve component of the armed forces who hurts our military men and women. The ACTING PRESIDENT pro tem- was deployed for more than 269 days under This amendment will help the criti- pore. Without objection, it is so or- the following: ‘‘(1) A contingency operation. cally important effort to crack down dered. on fraud in the military and elsewhere, ‘‘(2) A homeland defense mission (as speci- The clerk will report. fied by the Secretary of Defense for purposes and so including this amendment with The bill clerk read as follows: of this section). the Department of Defense authoriza- The Senator from Oregon [Mr. WYDEN] pro- ‘‘(c) PAY AND ALLOWANCES.—Notwith- tion bill makes good sense. I urge Sen- poses amendments en bloc numbered 1160 and standing any other provision of law, while a ators from both parties to support this 1253. member is retained on active duty under amendment. The amendments are as follows: subsection (a), the member shall receive— ‘‘(1) the basic pay payable to a member of One of the first major bills the last AMENDMENT NO. 1160 the armed forces under section 204 of title 37 Congress passed was the Leahy-Grass- (Purpose: To provide for the closure of ley Fraud Enforcement and Recovery in the same pay grade as the member; Umatilla Army Chemical Depot, Oregon) ‘‘(2) the basic allowance for subsistence Act. That bill gave fraud investigators At the end of title XXVII, add the fol- payable under section 402 of title 37; and and prosecutors additional tools and lowing: ‘‘(3) the basic allowance for housing pay- resources to better hold those who SEC. 2705. CLOSURE OF UMATILLA CHEMICAL able under section 403 of title 37 for a mem- commit fraud accountable and has led DEPOT, OREGON. ber in the same pay grade, geographic loca- to significant successes. Our work is (a) IN GENERAL.—Notwithstanding any tion, and number of dependents as the mem- not done though. Our amendment re- other provision of law, the Secretary of the ber. flects the ongoing need to invest in en- Army shall close Umatilla Chemical Depot, ‘‘(d) EARLY RELEASE FROM ACTIVE DUTY.— forcement to better protect hard- Oregon, not later than one year after the (1) Subject to paragraph (2), at the written completion of the chemical demilitarization request of a member retained on active duty working taxpayers from fraud. mission in accordance with the Chemical under subsection (a), the member shall be re- In the last fiscal year alone, the De- Weapons Convention Treaty. leased from active duty not later than the partment of Justice recovered well (b) BRAC PROCEDURES AND AUTHORITIES.— end of the 14-day period commencing on the over $6 billion through fines, penalties, The closure of the Umatilla Chemical Depot, date the request was received. If such 14-day

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.018 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7802 CONGRESSIONAL RECORD — SENATE November 18, 2011 period would end after the end of the 45-day Senate, and it would solve a problem ations, close Umatilla Chemical Depot, period specified in subsection (a), the mem- created by the lawyers at the Pentagon OR.’’ ber shall be released from active duty not who, in effect, at the last minute on a These facts make it clear that the later than the end of such 45-day period. Commission did not, as this Pentagon ‘‘(2) The request of a member for early re- critical issue for eastern Oregon pulled lease from active duty under paragraph (1) the rug out from under our commu- lawyer claimed, make a conditional may be denied only for medical or personal nities. recommendation that the facility only safety reasons. The denial of the request When we have a problem or conflict be closed if the chemical demilitariza- shall require the affirmative action of an of- in our State, we solve it the Oregon tion mission is completed by Sep- ficer in a grade above O–5 who is in the chain way, by finding consensus and building tember of 2011. Rather, the Commission of command of the member. If the request is common ground. That is why, when it acknowledged that the closure will not denied before the end of the 14-day period have to happen when the demilitariza- applicable under paragraph (1), the request became apparent 20 years ago that the shall be deemed to be approved, and the U.S. Army’s chemical depot in tion mission is complete, even if that is member shall be released from active duty as Umatilla, OR would be closing once all after September 2011. That decision by requested. the chemical weapons were destroyed, the Commission became law. ‘‘(e) TREATMENT OF ACTIVE DUTY UNDER the community leaders gathered all of It is also important to note that the POLICY ON LIMITATION OF PERIOD OF MOBILI- the critical organizations together and Commission was aware that the demili- ZATION.—The active duty of a member under began the process of planning what to tarization mission had a deadline of its this section shall not be included in the pe- own. Under the terms of the Chemical do with the land once the facility riod of mobilization of units or individuals Weapons Convention treaty, Umatilla under section 12302 of this title under any closed. had to complete the mission by April policy of the Department of Defense limiting The depot straddles two counties, 29, 2012. The fact is, they actually beat the period of mobilization of units or indi- several cities, and historic tribal lands. the deadline. viduals to a specified period, including the So suffice it to say, there are a lot of policy to limit such period of mobilization to The depot should be closed under 12 months as described in the memorandum folks at home in my State who are in- BRAC so that the will of the commu- of the Under Secretary of Defense for Per- terested in what happens to the land. nity in the form of this local reuse au- sonnel and Readiness entitled ‘Revised Mobi- As progress was made in destroying thority and the will of Congress and lization/Demobilization Personnel and Pay the weapons at Umatilla, we were able the BRAC law will be taken into ac- Policy for Reserve Component Members Or- to find consensus. The Federal Govern- count. The Pentagon has to implement dered to Active Duty in Response to the ment helped. More than $1 million in the law as it is, not as it wants it to be. World Trade Center and Pentagon Attacks– grants was made available to move the Section 1,’ effective January 19, 2007. But since the lawyers at the Pentagon ‘‘(f) REINTEGRATION COUNSELING AND SERV- project along. When the facility was seem to think there is some ambiguity, ICES.—(1) The Secretary of the military de- listed in the 2005 BRAC recommenda- I seek to clarify it for them with my partment concerned may provide each mem- tions for closure, the Pentagon eventu- amendment. The amendment would re- ber retained on active duty under subsection ally recognized the organizations that quire the Pentagon to follow the BRAC (a), while the member is so retained on ac- were involved in building this con- commission’s report and close the tive duty, counseling and services to assist sensus in an official local reuse author- the member in reintegrating into civilian Umatilla depot under BRAC. life. ity. Everything appeared on track, Once again, I would like to note that ‘‘(2) The counseling and services provided until last summer. That was, in effect, this has already passed the Senate members under this subsection may include the time when at the last moment the once. I am very appreciative of Chair- the following: Pentagon changed the rules. man LEVIN, Senator MCCAIN, and all ‘‘(A) Physical and mental health evalua- After decades of planning and $1 mil- our colleagues who are involved, and I tions. lion was spent pulling together an ex- thank them. ‘‘(B) Employment counseling and assist- traordinary communitywide consensus, ance. AMENDMENT NO. 1253 ‘‘(C) Marriage and family counseling and a lawyer at the Pentagon decided to re- Briefly—and I appreciate the cour- assistance. interpret the law and declared that the tesy of Chairman LEVIN on this mat- ‘‘(D) Financial management counseling. 2005 BRAC report, which became law ter—I want to discuss my second ‘‘(E) Education counseling. when Congress didn’t pass a resolution amendment, which I call the Soft ‘‘(F) Counseling and assistance on benefits of disapproval, didn’t matter. He de- Landing Act. I think we all recognize available to the member through the Depart- cided that the Umatilla depot would be the extraordinary contributions that ment of Defense and the Department of Vet- closed outside of the BRAC authority are made by our Guard and Reserve. erans Affairs. ‘‘(3) The Secretary of the military depart- because the last of the chemical weap- They do tour after tour after tour, and ment concerned shall provide, to the extent ons wouldn’t be destroyed until after we all understand that never in our Na- practicable, for the participation of appro- the 6-year limit for completion of tion’s history has the American mili- priate family members of members retained BRAC actions. tary relied more on the Guard and Re- on active duty under subsection (a) in the What this lawyer either didn’t know, serve than it has in the last 10 years. counseling and services provided such mem- or chose to ignore, is this was precisely More than 800,000 members of the bers under this subsection. the intention of the BRAC Commission ‘‘(4) The counseling and services provided Guard and Reserve have been called to to members under this subsection shall, to when they put the depot on the closure Active Duty since 9/11. As I indicated, the extent practicable, be provided at Na- list. The BRAC report discusses the they are serving repeated tours in Iraq tional Guard armories and similar facilities fact that the mission of destroying the and Afghanistan. close the residences of such members. chemical weapons wouldn’t be com- I strongly believe that, for the period ‘‘(5) Counseling and services provided a pleted until after deadline. from when a Guard member is holding member under this subsection shall, to the On page 239 of the report, the Com- a rifle to the time when they are hold- extent practicable, be provided in coordination with the Yellow Ribbon Reintegration mission found Secretary Rumsfeld’s as- ing a child back at home in beautiful Program of the State concerned under sec- sertion that the chemical demilitariza- Oregon, there is not sufficient time tion 582 of the National Defense Authoriza- tion would be complete by the second being given in order to have what I call tion Act for Fiscal Year 2008 (10 U.S.C. 10101 quarter of 2001 was optimistic. The a soft landing—an opportunity to re- note).’’. Commission wrote: integrate and get your life back in (b) CLERICAL AMENDMENT.—The table of An examination of status information for order and get back into the commu- sections at the beginning of chapter 1209 of nity. What we have is a very abrupt pe- such title is amended by adding at the end the depot’s mission completion and subse- the following new item: quent closure revealed that dates may slip riod where a soldier faces the trauma beyond the six-year statutory period for ‘‘12323. Reserves: temporary retention on ac- of combat and comes right back to the completing BRAC actions. tive duty after demobilization community and really does not get an following extended deployments Therefore, the Commission took the adequate time to readjust. Literally in in contingency operations or Secretary of Defense’s recommenda- a matter of days, these guardsmen go homeland defense missions.’’. tion: ‘‘Close Umatilla Chemical Depot, from holding guns in the chaos of a AMENDMENT NO. 1160 OR’’ and changed it to: ‘‘On completion combat zone to holding their children Mr. WYDEN. Mr. President, this first of the chemical demilitarization mis- in the serenity of their own homes. It amendment has previously passed the sion, in accordance with treaty oper- is a difficult transition.

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.017 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7803 I want to make the point that it is a Ms. AYOTTE. Mr. President, I would I wish to again remind everyone of very different transition than most of like to thank the chairman of the the problem we have, which is that the our Active-Duty troops have. Many of Armed Services Committee for such a priority, when we are dealing with a our Active-Duty troops come back to thorough analysis of the detainee pro- member of al-Qaida who is seeking to communities that are close to facili- visions represented in section 1031 attack our country, has to be intel- ties, close to bases. There is a variety through 1034 of the Defense authoriza- ligence gathering. We have to make of support services. Many of the tion bill. This is a very important part sure we give our executive branch guardsmen come back to communities of the Defense authorization bill, and I agencies the tools they need to be able that do not have the support of a large certainly appreciate the thoughtful to gather information to know about base. analysis that the chairman did. future attacks and to protect our coun- It seems to me that the amount of I would say that his thoughtful and try. personal and professional requirements detailed analysis addressed all the red What happens now in our civilian that are placed on these patriotic, cou- herrings that have been raised about system is, if someone is arrested here, rageous Americans who serve in the these particular provisions. Because if if they are in the civilian system, they Guard and Reserve warrants our mak- you read carefully the language in the are given rights that are part of our ing it possible for them to have what I provisions that were addressed by the constitutional system, which is Mi- call a softer landing getting back into Armed Services Committee, they do randa rights, for example. If they are their home communities. provide the flexibility that the admin- in custody and there is interrogation, I am very appreciative that Chair- istration says they have sought in they have to be told they have the man LEVIN has given me the oppor- making the best decisions on how to right to remain silent, that they have tunity to discuss this briefly. He and I treat detainees, particularly those who a right to a lawyer, and that they have and his staff have talked about this be- become members of al-Qaida and come a right to speedy presentment. These fore. to our country to commit an attack types of rights are incredibly impor- I will close by saying that to have all against our country. We have to make tant to our civilian system. these men and women who have served sure we have the right provisions in When we have a terrorist who is a with great valor in the Guard and Re- place to protect Americans and the member of al-Qaida, who is a foreigner, and who comes to this country to at- serve coming home—we all understand flexibility so the executive branch offi- tack our country, the first thing they they already face an unacceptably high cials are able to decide what is the best hear should not be ‘‘you have the right unemployment rate. We know that in track to handle a particular case or to remain silent.’’ We have to allow our many instances they feel strongly member of al-Qaida who comes to our executive branch officials the ability about taking the time to get mental country to, unfortunately, attack us. health services, to get back together I also wish to remind this body that to make intelligence gathering the again with their families, and very these provisions of the Defense Author- first priority. This amendment allows that and gives the executive branch the often the time period simply is insuffi- ization Act were passed out of the Sen- ability to decide in which system they cient for Guard members who come ate Armed Services Committee on an want to treat them and to be able to home. And right now, the reality can overwhelming bipartisan basis. In fact, prioritize intelligence gathering so we be pretty harsh. They go and serve the entire Defense Authorization Act can protect Americans and make sure their country. Their families are con- was voted out twice unanimously by if someone who is a member of al-Qaida cerned about them being in harm’s way the Armed Services Committee, includ- comes to our country to attack us, we for months on end, and then they come ing on Monday of this week, when we can gather information without imme- back with no job and no source of in- again voted out the entire provisions of diately having to tell them ‘‘you have come to be able to support their fami- this act unanimously. the right to remain silent.’’ lies. So the particular provisions the What this legislation does is provide That is what is so important with chairman just discussed were the result this amendment. It was a bipartisan a soft landing for Guard and Reserve of extensive discussions not only with- members by allowing returning guards- compromise. As I said, there are Mem- in the committee but also based upon men and reservists to take up to 45 bers of the Senate, including myself, testimony we heard over months from days—it is not a long period of time— who would have liked to have gone military officials regarding concerns to come back, get home, get their lives much further. But we addressed so they had about the lack of clarity in in order, and still get paid. My view is many of the concerns of the adminis- our detention policy, and that is where that this is part of the promise we have tration they came up with to make we came to the provisions in 1031 made in this country to take care of sure they had, with these provisions, through 1034. the ability to not have to interrupt an our troops. They did their best for us. I wish to also remind this body there We ought to do our best for them. interrogation, to conduct the interro- were many of us who would have gone I am hopeful that the soft landing gation as they saw fit, to make sure much further in terms of how we would amendment, amendment No. 1253, will they could conduct ongoing surveil- handle members of al-Qaida who come be included when this legislation lance, and to decide whether a military to our country to commit attacks passes here in the Senate. or civilian track was best based on our I again express my appreciation to against our citizens or those who would national security interests. Chairman LEVIN. I know he is speaking commit attacks against our citizens or I will say just one thing with respect on an important matter. I thank him soldiers overseas and our coalition to the transfer provisions and the con- for working on both of these amend- partners. I brought forth an amend- cerns that have been raised about the ments, and I look forward to working ment on the CJS appropriations mini- provisions set forth for transferring de- with him on these matters. He is our bus that would have prohibited funding tainees from Guantanamo. This is an authority on these issues. I appreciate altogether for civilian trials of this area that cried out for some clarifica- his courtesy. same category for terrorists in the tion, and it is important that the I yield the floor. United States. So I would have liked to standard the committee came up with The ACTING PRESIDENT pro tem- have gone much further. But I respect is in statute. Actually, as the chairman pore. The Senator from Michigan. the amendment the committee voted mentioned, the reason the committee Mr. LEVIN. Mr. President, let me out, which, in this instance, addressed addressed this is because our defense thank the Senator from Oregon. We are the administration’s concerns of allow- officials raised some concerns about happy to work with him. He is very ing the administration a national secu- what the waiver provisions should be deeply into these and so many other rity waiver to decide how to handle from Guantanamo. This has been an issues. His contribution is well known these cases whether they wanted to area of interest of mine because of to all of us in the Senate. We are happy take a military track or a civilian where we are right now with the Guan- to work with him on these matters. track based on the national security tanamo detainees. The PRESIDING OFFICER (Mr. interests of our country, which is, of Unfortunately, the reality is that 27 BLUMENTHAL). The Senator from New course, what has to be foremost in percent of those who have been re- Hampshire. these cases. leased from Guantanamo have gotten

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.038 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7804 CONGRESSIONAL RECORD — SENATE November 18, 2011 back into the fight and are back trying also so many of the provisions of this charges collected by commissary to kill us, our troops, and our coalition Defense authorization that give our stores. partners. This is an area where it was troops the tools they need, as we tell I have to make a clarification on an very important to have clear stand- them we are here to support them, to amendment I previously offered on be- ards: where transfer would only be ap- make sure we move forward with the half of Senator MCCAIN: amendment propriate in the instances where we Defense authorization, including these No. 1230, as modified, Senator MCCAIN’s could ensure there wouldn’t be recidi- important provisions that address how amendment on TRICARE. vism so that we could protect our we handle detainees. I ask unanimous consent from the troops and our partners from having to Again, I wish to thank the chairman chairman of the Armed Services Com- see the very same individuals we had of the Armed Services Committee for mittee to allow the Senator from Ala- already had in custody at Guantanamo. his leadership on this issue. I know he bama to speak. So the provisions set forth here are has worked very hard in meeting with The PRESIDING OFFICER. The Sen- very important to have that statutory the administration, meeting with those ator from Michigan. standard for when transfers can be of us on the other side of the aisle who Mr. LEVIN. Mr. President, before the made and how they should be handled. actually wanted to go much further in Chair recognizes our friend from Ala- In fact, I would add, when we think coming up with a very strong, impor- bama, let me thank the Senator from about some of the detainees who have tant piece of legislation that will pro- New Hampshire not just for her kind gotten back into theater whom we had tect Americans and move us forward and warm remarks, but also for the in our custody at Guantanamo, they and provide some clarity in an area great contribution she has made to our are conducting suicide bombings, re- where we need clarity to make sure our committee. It has been an extraor- cruiting radicals, and training them to executive branch officials have the dinary launch for her, if I may put it kill Americans and our allies. Some of tools they need to gather intelligence that way. I think—and I know our Pre- the former Gitmo detainees—and I to protect Americans from the ter- siding Officer would agree with me on think unfortunately it is a little bit of rorist attacks because, unfortunately, this because he has been a witness as a badge of honor now to get back into those who are members of al-Qaida still well—it has been a major contribution. I thank the Senator. She has the theater and to be engaged in fighting seek to kill us for what we believe, not kind of experience and is so committed again. Said al-Shihri and Abdul Zakir for anything we have done, and we to the security of this country that the represent two examples of former can’t forget that. Senator is already venerable as a mem- Guantanamo detainees who returned to So I thank the chairman. ber of our committee. AMENDMENTS NOS. 1179, 1230, 1137, 1138, 1247, 1246, the fight and assumed leadership posi- I yield the floor. 1229, 1230 AS MODIFIED, 1249, 1071, 1220, 1132, 1248, tions in terrorist organizations that Ms. AYOTTE. I thank the chairman. 1250, AND 1118 EN BLOC are dedicated to killing Americans and He is very kind, and it has been won- our allies. Said al-Shihri has worked Ms. AYOTTE. Mr. President, I ask unanimous consent on behalf of other derful to serve under his leadership on his way up to be No. 2 in al-Qaida in the Armed Services Committee, of the Arabian Peninsula. We had him in Republican Senators to temporarily set aside the pending amendment and call which I would say, one of the great ex- our custody and, unfortunately, he was periences in the Senate is that the released. Abdul Zakir now serves as a up the following amendments en bloc: amendment No. 1179 on behalf of Sen- Armed Services Committee—in a time top Taliban military commander and a when people see so much partisan— ator GRAHAM; amendment No. 1230 on senior leader in the Taliban Quetta works on a very strong, bipartisan behalf of Senator MCCAIN; amendment Shura again fighting us and our allies. basis to ensure our country is pro- Again, I am concerned that in the No. 1137 on behalf of Senator HELLER related to the U.S. Embassy in Israel; tected. world of terrorists it has become a With that, I would yield to my col- also for Senator HELLER, amendment badge of honor to be released from league who also serves on the Armed No. 1138 related to the repatriation of Guantanamo and then to get back into Services Committee, whom I have U.S. military remains from Libya; for the fight against us. So I just wanted great respect for, Senator SESSIONS Senator MCCAIN, amendment No. 1247 to put in perspective what we heard from Alabama. from our senior defense officials over a related to further restrictions on the Mr. SESSIONS addressed the Chair. period of months in the Armed Services use of defense funds on Guam; for Sen- The PRESIDING OFFICER. Without Committee as to why it is important to ator MCCAIN, amendment No. 1246 re- objection, the amendments the Senator have a standard that allows the De- lated to a commission for U.S. military from New Hampshire has offered will partment of Defense, under limited cir- force structure in the Pacific; for Sen- be considered to have been read and cumstances and based on protecting ator MCCAIN, amendment No. 1229 re- will be considered in the order they our country, to transfer the detainees, lated to a cybersecurity agreement be- have been offered. but only when we have addressed the tween the Department of Defense and The amendments en bloc are as fol- issue of recidivism and they are as- the Department of Homeland Security; lows: sured that these individuals aren’t for Senator MCCAIN, amendment No. AMENDMENT NO. 1179 going to get back in theater and try to 1230, as modified, related to the annual (Purpose: To specify the number of judge ad- kill American soldiers or our allies. adjustment in enrollment fees for vocates of the Air Force in the regular That is why this provision is in here, TRICARE Prime; for Senator MCCAIN, grade of brigadier general) and I am very pleased it is in here to amendment No. 1249 related to cost- At the end of subtitle A of title V, add the make sure we address this important plus contracting—and this is also an following: issue to keep Americans protected and amendment that I am cosponsoring; for SEC. 505. NUMBER OF JUDGE ADVOCATES OF Senator MCCAIN, amendment No. 1071 THE AIR FORCE IN THE REGULAR our allies protected. GRADE OF BRIGADIER GENERAL. I will repeat again that this was a bi- related to the oversight of the evolved Section 8037 of title 10, United States Code, partisan compromise. This morning the Expendable Launch Vehicle; for Sen- is amended— chairman very thoroughly went ator MCCAIN, amendment No. 1220 re- (1) by redesignating subsection (f) as sub- through each of the issues raised in the lated to a GAO report of Alaskan Na- section (g); and Statement of Administration Policy. tive Corporation contracting; for Sen- (2) by inserting after subsection (e) the fol- Also, in my view, he thoroughly ator MCCAIN, amendment No. 1132 re- lowing new subsection (f): lated to a Statement of Budgetary Re- ‘‘(f) Four officers of the Air Force des- knocked down many of the red herrings ignated as judge advocates shall hold the that were raised about this provision source Auditability; for Senator regular grade of brigadier general.’’. MCCAIN, amendment No. 1248 related to on the Senate floor yesterday by Sen- AMENDMENT NO. 1137 authorizing ship repairs in the North- ators who are seeking to strike this (Purpose: To provide for the recognition of provision from the Defense Authoriza- ern Marianas; for Senator MCCAIN, Jerusalem as the capital of Israel and the tion Act. amendment No. 1250 related to a report relocation to Jerusalem of the United It is important that this body pass on the probation of the F–35B program; States Embassy in Israel) this Defense authorization. It is impor- for Senator MCCAIN, amendment No. At the end of subtitle H of title X, add the tant for not only these provisions, but 1118 to modify the availability of sur- following:

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SEC. 1088. RECOGNITION OF JERUSALEM AS THE (c) REPORT.—Not later than 180 days after structed for the benefit of, the general pub- CAPITAL OF ISRAEL AND RELOCA- the effective date of this section, the Sec- lic. TION OF THE UNITED STATES EM- retary shall submit to Congress a report de- BASSY TO JERUSALEM. AMENDMENT NO. 1246 scribing the status of the actions under this (Purpose: To establish a commission to (a) STATEMENT OF POLICY.—It is the policy section. The report shall include an estimate of the United States to recognize Jerusalem study the United States Force Posture in of the date of the completion of the actions East Asia and the Pacific region) as the undivided capital of the state of undertaken, and to be undertaken, under Strike section 1079 and insert the fol- Israel, both de jure and de facto. this section. lowing: (b) SENSE OF CONGRESS.—It is the sense of (d) EFFECTIVE DATE.—This section takes Congress that— effect on the date on which Operation Uni- SEC. 1079. COMMISSION TO STUDY UNITED (1) Jerusalem must remain an undivided STATES FORCE POSTURE IN EAST fied Protector of the North Atlantic Treaty ASIA AND THE PACIFIC REGION. city in which the rights of every ethnic and Organization (NATO), or any successor oper- (a) INDEPENDENT ASSESSMENT.— religious group are protected as they have ation, terminates. (1) IN GENERAL.—The Secretary of Defense been by Israel since 1967; (e) AVAILABLE FUNDS.—The Secretary shall shall establish a commission to conduct an (2) every citizen of Israel should have the carry out this section using amounts author- independent assessment of America’s secu- right to reside anywhere in the undivided ized to be appropriated for the Department rity interests in East Asia and the Pacific re- city of Jerusalem; of Defense by Acts enacted before the date of gion. The commission shall be supported by (3) the President and the Secretary of the enactment of this Act. State should publicly affirm as a matter of an independent, non-governmental institute AMENDMENT NO. 1247 United States policy that Jerusalem must which is described in section 501(c)(3) of the remain the undivided capital of the State of (Purpose: To restrict the authority of the Internal Revenue Code of 1986 and exempt Israel; Secretary of Defense to develop public in- from tax under section 501(a) of such Code, (4) the President should immediately im- frastructure on Guam until certain condi- and has recognized credentials and expertise plement the provisions of the Jerusalem Em- tions related to Guam realignment have in national security and military affairs bassy Act of 1995 (Public Law 104–45) and been met) with ready access to policy experts through- begin the process of relocating the United Beginning on page 534, strike line 8 and all out the country and from the region. States Embassy in Israel to Jerusalem; and that follows through page 535, line 17, and in- (2) ELEMENTS.—The commission estab- (5) United States officials should refrain sert the following: lished pursuant to paragraph (1) shall assess from any actions that contradict United (a) RESTRICTION ON USE OF FUNDS.—None of the following elements: States law on this subject. the funds authorized to be appropriated (A) A review of current and emerging (c) AMENDMENT OF WAIVER AUTHORITY.— under this title, or amounts provided by the United States national security interests in The Jerusalem Embassy Act of 1995 (Public Government of Japan for military construc- the East Asia and Pacific region. Law 104–45) is amended— tion activities on land under the jurisdiction (B) A review of current United States mili- (1) by striking section 7; and of the Department of Defense, may be obli- tary force posture and deployment plans, (2) by redesignating section 8 as section 7. gated or expended to implement the realign- with an emphasis on the current plans for (d) IDENTIFICATION OF JERUSALEM ON GOV- ment of United States Marine Corps forces United States force realignments in Okinawa ERNMENT DOCUMENTS.—Notwithstanding any from Okinawa to Guam as envisioned in the and Guam. other provision of law, any official document United States–Japan Roadmap for Realign- (C) Options for the realignment of United of the United States Government which lists ment Implementation issued May 1, 2006, States forces in the region to respond to new countries and their capital cities shall iden- until— opportunities presented by allies and part- tify Jerusalem as the capital of Israel. (1) the Commandant of the Marine Corps ners. provides the congressional defense commit- (D) The views of noted policy leaders and AMENDMENT NO. 1138 tees the Commandant’s preferred force lay- regional experts, including military com- (Purpose: To provide for the exhumation and down for the United States Pacific Command manders in the region. transfer of remains of deceased members of Area of Responsibility; (b) MEMBERS OF THE COMMISSION.— the Armed Forces buried in Tripoli, Libya) (2) the Secretary of Defense submits to the (1) COMPOSITION.—For purposes of con- At the end of subtitle H of title X, add the congressional defense committees a master ducting the assessment required by para- following: plan for the construction of facilities and in- graph (a), the commission established shall SEC. 1088. EXHUMATION AND TRANSFER OF RE- frastructure to execute the Commandant’s include eight members as follows: MAINS OF DECEASED MEMBERS OF preferred force lay-down on Guam, including (A) Two appointed by the chairman of the THE ARMED FORCES BURIED IN a detailed description of costs and a schedule Committee on Armed Services of the House TRIPOLI, LIBYA. for such construction; of Representatives. (a) IN GENERAL.—The Secretary of Defense (3) the Secretary of Defense certifies to the (B) Two appointed by the chairman of the shall take whatever actions may be nec- congressional defense committees that tan- Committee on Armed Services of the Senate. essary to— gible progress has been made regarding the (C) Two appointed by the ranking member (1) exhume the remains of any deceased relocation of Marine Corps Air Station of the Committee on Armed Services of the members of the Armed Forces of the United Futenma; and House of Representatives. States buried at a burial site described in (4) a plan coordinated by all pertinent Fed- (D) Two appointed by the ranking member subsection (b); eral agencies is provided to the congres- of the Committee on Armed Services of the (2) transfer such remains to an appropriate sional defense committees detailing descrip- Senate. forensics laboratory to be identified; tions of work, costs, and a schedule for com- (2) QUALIFICATIONS.—Individuals appointed (3) in the case of any remains that are pletion of construction, improvements, and to the commission shall have significant ex- identified, transport the remains to a vet- repairs to the non-military utilities, facili- perience in the national security or foreign erans cemetery located in proximity, as de- ties, and infrastructure on Guam affected by policy of the United States. termined by the Secretary, to the closest liv- the realignment of forces. (3) DEADLINE FOR APPOINTMENT.—Appoint- ing family member of the deceased indi- (b) RESTRICTION ON DEVELOPMENT OF PUB- ments of the members of the commission vidual or at another cemetery as determined LIC INFRASTRUCTURE.— shall be made not later than 60 days after the by the Secretary; (1) IN GENERAL.—Notwithstanding any date of the enactment of this Act. (4) for any member of the Armed Forces other provision of law, the Secretary of De- (4) CHAIRMAN AND VICE CHAIRMAN.—The whose remains are identified, provide a mili- fense is prohibited from using the authority commission shall select a Chairman and Vice tary funeral and burial; and provided by section 2391 of title 10, United Chairman from among it members. (5) in the case of any remains that cannot States Code, to carry out any grant, coopera- (5) TENURE; VACANCIES.—Members shall be be identified, transport the remains to Ar- tive agreement, or supplement of funds appointed for the life of the commission. Any lington National Cemetery for interment at available under Federal programs adminis- vacancy in the commission shall not affect a an appropriate grave marker identifying tered by agencies other than the Department its powers, but shall be filled in the same the United States Navy Sailors of the USS of Defense provided under this section that manner as the original appointment. Intrepid who gave their lives on September 4, will result in the development (including re- (6) MEETINGS.— 1804, in Tripoli, Libya. pair, replacement, renovation, conversion, (A) INITIAL MEETING.—Not later than 14 (b) BURIAL SITES DESCRIBED.—The burial improvement, expansion, acquisition, or con- days after the date on which all members of sites described in this subsection are the fol- struction) of public infrastructure on Guam the commission have been appointed, the lowing: until the requirements under subsection (a) commission shall hold its first meeting. (1) The mass burial site containing the re- are satisfied. (B) CALLING OF THE CHAIRMAN.—The com- mains of five United States sailors located in (2) PUBLIC INFRASTRUCTURE DEFINED.—In mission shall meet at the call of the Chair- Protestant Cemetery in Tripoli, Libya. this section, the term ‘‘public infrastruc- man. (2) The mass burial site containing the re- ture’’ means any utility, method of transpor- (C) QUORUM.—A majority of the members mains of eight United States sailors located tation, item of equipment, or facility under of the commission shall constitute a near the walls of the Tripoli Castle in Trip- the control of a public entity or State or quorum, but a lesser number of members oli, Libya. local government that is used by, or con- may hold hearings.

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(c) REPORT.—Not later than 270 days after personnel may not exceed the rate payable Homeland Security, one or more officials the date of the enactment of this Act, the for level V of the Executive Schedule under within the Department of Defense to coordi- commission shall provide to the Secretary of section 5316 of such title. nate, oversee, and execute collaborative ac- Defense an unclassified report, with a classi- (4) DETAILS.—Any employee of the Depart- tivities and the provision of cybersecurity fied annex, containing its findings. Not later ment of Defense or the Department of State support to the Department of Homeland Se- than 90 days after the date of receipt of the may be detailed to the commission without curity. report, the Secretary of Defense, after con- reimbursement, and such detail shall be AMENDMENT NO. 1230, AS MODIFIED sultation with the Chairman of the Joint without interruption or loss of civil service (Purpose: To modify the annual adjustment Chiefs of Staff, shall transmit the report to status or privilege. in enrollment fees for TRICARE Prime) the congressional defense committees, to- (5) TEMPORARY AND INTERMITTENT SERV- On page 220, strike line 13 and all that fol- gether with such comments on the report as ICES.—The Chairman of the commission may the Secretary considers appropriate. lows through page 221, line 6, and insert the procure temporary and intermittent services following: (d) POWERS.— under section 3109(b) of title 5, United States (1) HEARINGS.—The commission may hold ‘‘(c) COST-OF-LIVING ADJUSTMENT IN EN- Code, at rates for individuals which do not ROLLMENT FEE.—(1)(A) Whenever after Sep- such hearings, sit and act at such times and exceed the daily equivalent of the annual places, take such testimony, and receive tember 30, 2011, and before October 1, 2012, rate of basic pay prescribed for level V of the the Secretary of Defense increases the re- such evidence as the commission considers Executive Schedule under section 5316 of advisable to carry out this section. tired pay of members and former members of such title. (2) INFORMATION SHARING.—The commission the armed forces pursuant to section 1401a of (f) SECURITY.— may secure directly from any Federal de- this title, the Secretary shall increase the (1) SECURITY CLEARANCES.—Members and partment or agency such information as the amount of the fee payable for enrollment in staff of the commission, and any experts and TRICARE Prime by an amount equal to the commission considers necessary to carry out consultants to the commission, shall possess this section. Upon request of the Chairman percentage of such fee payable on the day be- security clearances appropriate for their du- of the commission, the head of such depart- fore the date of the increase of such fee that ties with the commission under this section. ment or agency shall furnish such informa- is equal to the percentage increase in such (2) INFORMATION SECURITY.—The Secretary tion to the commission. retired pay. In determining the amount of of Defense shall assume responsibility for (3) ADMINISTRATIVE SUPPORT.—Upon re- the increase in such retired pay for purposes the handling and disposition of any informa- quest of the commission, the Administrator of this subparagraph, the Secretary shall use tion relating to the national security of the of General Services shall provide to the com- the amount computed pursuant to section United States that is received, considered, or mission, on a reimbursable basis, the admin- 1401a(b)(2) of this title. used by the commission under this section. istrative support necessary for the commis- ‘‘(B) Effective as of October 1, 2013, the (g) TERMINATION OF PANEL.—The Panel sion to carry out its duties under this sec- Secretary shall increase the amount of the shall terminate 45 days after the date on tion. fee payable for enrollment in TRICARE which the Panel submits its final report (4) MAILS.—The commission may use the Prime on an annual basis by a percentage under subsection (c). United States mails in the same manner and equal to the percentage of the most recent under the same conditions as other depart- AMENDMENT NO. 1229 annual increase in the National Health Ex- ments and agencies of the Federal Govern- (Purpose: To provide for greater cybersecu- penditures per capita, as published by the ment. rity collaboration between the Department Secretary of Health and Human Services. (5) GIFTS.—The commission may accept, of Defense and the Department of Home- ‘‘(C) Any increase under this paragraph in use, and dispose of gifts or donations of serv- land Security) the fee payable for enrollment shall be effec- ices or property. At the end of subtitle H of title X, add the tive as of October 1 following the date on (e) PERSONNEL MATTERS.— following: which such increase is made. (1) COMPENSATION OF MEMBERS.—Each ‘‘(2) The Secretary shall publish in the SEC. 1088. CYBERSECURITY COLLABORATION BE- Federal Register the amount of the fee pay- member of the commission who is not an of- TWEEN THE DEPARTMENT OF DE- ficer or employee of the Federal Government FENSE AND THE DEPARTMENT OF able for enrollment in TRICARE Prime shall be compensated at a rate equal to the HOMELAND SECURITY. whenever increased pursuant to this sub- daily equivalent of the annual rate of basic (a) INTERDEPARTMENTAL COLLABORATION.— section.’’. (b) CLARIFICATION OF APPLICATION FOR pay prescribed for level IV of the Executive (1) IN GENERAL.—The Secretary of Defense Schedule under section 5315 of title 5, United and the Secretary of Homeland Security 2013.—For purposes of determining the en- States Code, for each day (including travel shall provide personnel, equipment, and fa- rollment fees for TRICARE Prime for 2013 time) during which such member is engaged cilities in order to increase interdepart- under the first sentence of section 1097a(c) of in the performance of the duties of the com- mental collaboration with respect to— title 10, United States Code (as added by submission under this section. All members of (A) strategic planning for the cybersecu- section (a)), the amount of the enrollment the commission who are officers or employ- rity of the United States; fee in effect during 2012 shall be deemed to be ees of the United States shall serve without (B) mutual support for cybersecurity capa- the following: compensation in addition to that received bilities development; and (1) $260 for individual enrollment. for their services as officers or employees of (C) synchronization of current operational (2) $520 for family enrollment. the United States. cybersecurity mission activities. AMENDMENT NO. 1249 (2) TRAVEL.—Members of the commission (2) EFFICIENCIES.—The collaboration pro- (Purpose: To limit the use of cost-type con- shall be allowed travel expenses, including vided for under paragraph (1) shall be de- tracts by the Department of Defense for per diem in lieu of subsistence, at rates au- signed— major defense acquisition programs) thorized for employees of agencies under sub- (A) to improve the efficiency and effective- At the end of subtitle A of title VIII, add chapter I of chapter 57 of title 5, United ness of requirements formulation and re- the following: States Code, while away from their homes or quests for products, services, and technical SEC. 808. LIMITATION ON USE OF COST-TYPE regular places of business in the performance assistance for, and coordination and per- CONTRACTS. of services for the commission under this formance assessment of, cybersecurity mis- (a) PROHIBITION WITH RESPECT TO PRODUC- section. sions executed across a variety of Depart- TION OF MAJOR DEFENSE ACQUISITION PRO- (3) STAFFING.— ment of Defense and Department of Home- GRAMS.— (A) EXECUTIVE DIRECTOR.—The Chairman of land Security elements; and (1) IN GENERAL.—Not later than 120 days the commission may, without regard to the (B) to leverage the expertise of each indi- after the date of the enactment of this Act, civil service laws and regulations, appoint vidual Department and to avoid duplicating, the Secretary of Defense shall modify the ac- and terminate an executive director and replicating, or aggregating unnecessarily the quisition regulations of the Department of such other additional personnel as may be diverse line organizations across technology Defense to prohibit the Department from en- necessary to enable the commission to per- developments, operations, and customer sup- tering into cost-type contracts for the pro- form its duties under this section. The em- port that collectively execute the cybersecu- duction of major defense acquisition pro- ployment of an executive director shall be rity mission of each Department. grams (MDAPs). subject to confirmation by the commission. (b) RESPONSIBILITIES.— (2) EXCEPTION FOR JOINT URGENT OPER- (B) STAFF.—The commission may employ a (1) DEPARTMENT OF HOMELAND SECURITY.— ATIONAL NEEDS.—The prohibition under sub- staff to assist the commission in carrying The Secretary of Homeland Security shall section (a) shall not apply in the case of a out its duties. identify and assign, in coordination with the particular cost-plus contract if the Under (C) COMPENSATION.—The Chairman of the Department of Defense, a Director of Cyber- Secretary for Acquisition, Technology, and commission may fix the compensation of the security Coordination within the Depart- Logistics— executive director and other personnel with- ment of Homeland Security to undertake (A) certifies, in writing, with reasons, and out regard to chapter 51 and subchapter III of collaborative activities with the Department on the basis of a validation of a joint urgent chapter 53 of title 5, United States Code, re- of Defense. operational need by the Joint Requirements lating to classification of positions and Gen- (2) DEPARTMENT OF DEFENSE.—The Sec- Oversight Council, that a cost-type contract eral Schedule pay rates, except that the rate retary of Defense shall identify and assign, is needed to provide capability required to of pay for the executive director and other in coordination with the Department of satisfy a joint urgent operational need; and

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(b) CONDITIONS WITH RESPECT TO DEVELOP- (2) require the Evolved Expendable Launch (b) SEMIANNUAL UPDATES.—The reports to MENT OF MAJOR DEFENSE ACQUISITION PRO- Vehicle program— be issued pursuant to such section after the GRAMS.—Section 818(d) of the John Warner (A) to provide to the congressional defense report described in subsection (a) shall up- National Defense Authorization Act for Fis- committees all information with respect to date the plan required by such subsection cal Year 2007 (Public Law 109–364; 120 Stat. the cost, schedule, and performance of the and explain how the Department has pro- 2329; 10 U.S.C. 2306 note) is amended— program that would be required to be pro- gressed toward meeting the milestones es- (1) in paragraph (1), by striking ‘‘; and’’ and vided under sections 2431 (relating to weap- tablished in the plan. inserting a semicolon; ons development and procurement sched- AMENDMENT NO. 1248 (2) in paragraph (2), by striking the period ules), 2432 (relating to Select Acquisition Re- (Purpose: To expand the authority for the at the end and inserting ‘‘; and’’; and ports, including updated program life-cycle overhaul and repair of vessels to the (3) by adding at the end the following new cost estimates), and 2433 (relating to unit United States, Guam, and the Common- paragraphs: cost reports) of title 10, United States Code, wealth of the Northern Mariana Islands) ‘‘(3) all reasonable efforts have been made with respect to the program if the program At the end of subtitle C of title X, add the to define the requirements sufficiently to were designated as a major defense acquisi- following: allow for the use of a fixed-price contract for tion program not in the sustainment phase; SEC. 1024. AUTHORITY FOR OVERHAUL AND RE- the development of the major defense acqui- and PAIR OF VESSELS IN COMMON- sition program; and (B) to provide to the Under Secretary of WEALTH OF THE NORTHERN MAR- ‘‘(4) despite these efforts, the Department Defense for Acquisition, Technology, and Lo- IANA ISLANDS. of Defense cannot define requirements suffi- gistics— Section 7310(a) of title 10, United States ciently to allow for the use of a fixed-price (i) a quarterly cost and status report, com- Code, is amended— contract for the development of the major monly known as a Defense Acquisition Exec- (1) in the subsection heading, by striking defense acquisition program.’’. utive Summary, which serves as an early- ‘‘UNITED STATES OR GUAM’’ and inserting (c) REPORTING OF COST-TYPE DEVELOPMENT warning of actual and potential problems ‘‘UNITED STATES, GUAM, OR THE COMMON- CONTRACTS.—Not later than 30 business days with a program and provides for possible WEALTH OF THE NORTHERN MARIANA IS- before issuing a solicitation for the develop- mitigation plans; and LANDS’’; and ment of a major defense acquisition pro- (ii) earned value management data that (2) by striking ‘‘United States or Guam’’ gram, the Secretary of Defense shall submit contains measurements of contractor tech- both places it appears and inserting ‘‘United to the congressional defense committees no- nical, schedule, and cost performance. States, Guam, or the Commonwealth of the tice of the proposed award and the written AMENDMENT NO. 1220 Northern Mariana Islands’’. determinations required under paragraphs (1) (Purpose: To require Comptroller General of AMENDMENT NO. 1250 and (4) of section 818(d) of the John Warner the United States reports on the Depart- (Purpose: To require the Secretary of De- National Defense Authorization Act for Fis- ment of Defense implementation of jus- fense to submit a report on the proba- cal Year 2007, as amended by subsection (b), tification and approval requirements for tionary period in the development of the and the reasons supporting the determina- certain sole-source contracts) short take-off, vertical landing variant of tions. the Joint Strike Fighter) (d) DEFINITIONS.—In this section: At the end of subtitle C of title VIII, add At the end of subtitle D of title I, add the (1) MAJOR DEFENSE ACQUISITION PROGRAM.— the following: following: The term ‘‘major defense acquisition pro- SEC. 848. COMPTROLLER GENERAL OF THE gram’’ has the meaning given the term in UNITED STATES REPORTS ON DE- SEC. 158. REPORT ON PROBATIONARY PERIOD IN PARTMENT OF DEFENSE IMPLEMEN- DEVELOPMENT OF SHORT TAKE- section 2430(a) of title 10, United States TATION OF JUSTIFICATION AND AP- OFF, VERTICAL LANDING VARIANT Code. PROVAL REQUIREMENTS FOR CER- OF THE JOINT STRIKE FIGHTER. (2) PRODUCTION OF A MAJOR DEFENSE ACQUI- TAIN SOLE-SOURCE CONTRACTS. Not later than 45 days after the date of the SITION PROGRAM.—The term ‘‘production of a Not later than 90 days after March 1, 2012, enactment of this Act, the Secretary of De- major defense acquisition program’’ means and March 1, 2013, the dates on which the De- fense shall submit to the congressional de- the production, either on a low-rate initial partment of Defense submits to Congress a fense committees a report on the develop- production or full-rate production basis, and report on its implementation of section 811 ment of the short take-off, vertical landing deployment of a major system that is in- of the Fiscal Year 2010 National Defense Au- variant of the Joint Strike Fighter (other- tended to achieve operational capability thorization Act, the Comptroller General of wise known as the F–35B Joint Strike Fight- that satisfies mission needs, or any activity the United States shall submit to the con- er) that includes the following: otherwise defined as Milestone C, or Key De- gressional defense committees a report set- (1) An identification of the criteria that cision Point C in the case of a space pro- ting forth an assessment of the extent to the Secretary determines must be satisfied gram, under Department of Defense Instruc- which the implementation of such section before the F–35B Joint Strike Fighter can be tion 5000.02 or related authorities. 811 by the Department ensures that sole- removed from the two-year probationary sta- (3) DEVELOPMENT OF A MAJOR DEFENSE AC- source contracts are awarded in applicable tus imposed by the Secretary on or about QUISITION PROGRAM.—The term ‘‘development procurements only when those awards have January 6, 2011. of a major defense acquisition program’’ been determined to be in the best interest of (2) A mid-probationary period assessment means the development of a major defense the Department. of— acquisition program or related increment of AMENDMENT NO. 1132 (A) the performance of the F–35B Joint capability, the completion of full system in- (Purpose: To require a plan to ensure audit Strike Fighter based on the criteria de- tegration, the development of an affordable readiness of statements of budgetary re- scribed in paragraph (1); and and executable manufacturing process, the sources) (B) the technical issues that remain in the demonstration of system integration, inter- development program for the F–35B Joint operability, safety, and utility, or any activ- At the end of subtitle A of title X, add the following: Strike Fighter. ity otherwise defined as Milestone B, or Key (3) A plan for how the Secretary intends to SEC. 1005. PLAN TO ENSURE AUDIT READINESS Decision Point B in the case of a space pro- resolve the issues described in paragraph gram, under Department of Defense Instruc- OF STATEMENTS OF BUDGETARY RE- SOURCES. (2)(B) before January 6, 2013. tion 5000.02 or related authorities. (a) PLANNING REQUIREMENT.—The report to AMENDMENT NO. 1118 AMENDMENT NO. 1071 be issued pursuant to section 1003(b) of the (Purpose: To modify the availability of (Purpose: To require the Secretary of De- National Defense Authorization Act for 2010 surcharges collected by commissary stores) fense to report on all information with re- (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. At the end of subtitle E of title III, add the spect to the Evolved Expendable Launch 2222 note) and provided by not later than following: Vehicle program that would be required if May 15, 2012, shall include a plan, including SEC. 346. MODIFICATION OF AVAILABILITY OF the program were designated as a major interim objectives and a schedule of mile- SURCHARGES COLLECTED BY COM- defense acquisition program not in the stones for each military department and for MISSARY STORES. sustainment phase) the defense agencies, to ensure that the (a) IN GENERAL.—Paragraph (1)(A) of sec- At the end of subtitle E of title VIII, add statement of budgetary resources of the De- tion 2484(h) of title 10, United States Code, is the following: partment of Defense meets the goal estab- amended by striking clauses (i) and (ii) and SEC. 889. OVERSIGHT OF AND REPORTING RE- lished by the Secretary of Defense of being inserting the following new clauses: QUIREMENTS WITH RESPECT TO validated for audit by not later than Sep- ‘‘(i) to replace, renovate, expand, improve, EVOLVED EXPENDABLE LAUNCH VE- tember 30, 2014. Consistent with the require- repair, and maintain commissary stores and HICLE PROGRAM. ments of such section, the plan shall ensure central product processing facilities of the The Secretary of Defense shall— that the actions to be taken are systemically defense commissary system;

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.019 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7808 CONGRESSIONAL RECORD — SENATE November 18, 2011 ‘‘(ii) to acquire (including acquisition by contributions to our committee have (2) The national security of the United lease), convert, or construct such com- been immediate, and that is reflected States requires that the shipbuilding activi- missary stores and central product proc- in the fact that Senator MCCAIN has ties of the Navy ensure a Navy composed of essing facilities as are authorized by law; asked her to manage the floor today at least 313 surface combatants. ‘‘(iii) to equip the physical infrastructure (3) It is in the national interest that the of such commissary stores and central prod- for him. I also appreciate the Senator’s future-years defense programs of the Depart- uct processing facilities; and work on the budget and the effort we ment of Defense provide for a Navy composed ‘‘(iv) to cover environmental evaluation have made there. of at least 313 surface combatants. and construction costs related to activities AMENDMENTS NOS. 1182, 1183, 1184, 1185, AND 1274 (b) LIMITATION.—The Secretary of the Navy described in clauses (i) and (ii), including EN BLOC may not carry out any reduction in the num- costs for surveys, administration, overhead, Mr. President, I ask unanimous con- ber of surface combatants of the Navy below 313 surface combatants unless the Secretary, planning, and design.’’. sent to temporarily set aside the pend- (b) SOURCE AND AVAILABILITY OF CERTAIN after consultation with the commanders of FUNDS.—Such section is further amended by ing amendment and call up the fol- the combatant commands, certifies to Con- adding at the end the following new para- lowing amendments en bloc: amend- gress that the Navy will continue to possess graph: ment No. 1182, dealing with Army bri- the capacity to support the requirements of ‘‘(6)(A) There shall be credited to the ‘Sur- gade combat teams; amendment No. the combatant commands after such reduc- charge Collections, Sales of Commissary 1183, dealing with the nuclear triad; tion. Stores, Defense Commissary’ account on the amendment No. 1184, dealing with AMENDMENT NO. 1185 books of the Treasury receipts from sources naval surface vessels; amendment No. (Purpose: To require a report on a missile de- or activities identified in the following: 1185, dealing with missile defense; and fense site on the East Coast of the United ‘‘(i) Paragraph (5). States) ‘‘(ii) Subsections (c), (d), and (g). amendment No. 1274, dealing with the detention of enemy combatants. At the end of subtitle C of title II, add the ‘‘(iii) Subsections (e), (g), and (h) of section following: 2485 of this title. The PRESIDING OFFICER. Without SEC. 234. REPORT ON MISSILE DEFENSE SITE ON ‘‘(B)(i) Funds may not be appropriated for objection, those amendments are con- THE EAST COAST OF THE UNITED the account referred to in subparagraph (A), sidered pending in that order. STATES. or appropriated for transfer into the ac- The amendments en bloc are as fol- (a) FINDING.—Congress finds that the count, unless such appropriation or transfer lows: Obama Administration plans to limit or can- is specifically authorized in an Act author- cel the deployment of the European Phased AMENDMENT NO. 1182 izing appropriations for military activities Adaptive Approach (EPAA) to missile de- of the Department of Defense. (Purpose: To prohibit the permanent sta- fense. ‘‘(ii) Funds appropriated for or transferred tioning of more than two Army Brigade (b) REPORT.—In light of the finding in sub- into the account in accordance with clause Combat Teams within the geographic section (a), the Secretary of Defense shall (i) may not be merged with amounts within boundaries of the United States European submit to the congressional defense commit- the account. Command) tees a report setting forth an assessment of ‘‘(iii) Funds appropriated for or transferred At the end of subtitle E of title X, add the the feasibility and advisability of estab- into the account in accordance with clause following: lishing a missile defense site on the East (i) shall not be available to acquire, convert, SEC. 1049. PROHIBITION ON PERMANENT STA- Coast of the United States. construct, or improve a commissary store or TIONING OF MORE THAN TWO ARMY AMENDMENT NO. 1274 central product processing facility of the de- BRIGADE COMBAT TEAMS WITHIN (Purpose: To clarify the disposition under fense commissary system unless specifically UNITED STATES EUROPEAN COM- the law of war of persons detained by the authorized in an Act authorizing military MAND. Armed Forces of the United States pursu- construction for the Department of De- (a) IN GENERAL.—Effective as of January 1, ant to the Authorization for Use of Mili- fense.’’. 2016, the number of Army Brigade Combat tary Force) Teams that may be permanently stationed Mr. LEVIN. If the Senator from Ala- On page 360, between lines 17 and 18, insert bama, our friend, would yield for one within the geographic boundaries of the United States European Command (EUCOM) the following: second. may not exceed two brigade combat teams. (5) Notwithstanding disposition under The PRESIDING OFFICER. The Sen- (b) MILITARY CONSTRUCTION.—No military paragraph (2) or (3), further detention under ator from Michigan. construction project may be commenced or the law of war until the end of hostilities au- Mr. LEVIN. We are then on the reg- undertaken for or in connection with or sup- thorized by the Authorization for Use of ular order; is that correct? port of the permanent stationing of more Military Force. The PRESIDING OFFICER. The Sen- than two Army Brigade Combat Teams with- Mr. SESSIONS. Mr. President, I wish ator is correct. The regular order will in the geographic boundaries of the United to share a few general comments about be restored. States European Command. where we are. All of us have been con- Mr. LEVIN. So the regular order is AMENDMENT NO. 1183 fronting, whether we want to or not—I the Levin-McCain amendment; is that (Purpose: To require the maintenance of a think some of us more realistically correct? triad of strategic nuclear delivery systems) than others—the debt situation this The PRESIDING OFFICER. That is At the end of subtitle E of title X, add the Nation faces. We are, indeed, borrowing correct. following: 40 cents of every $1 we spend. That is The Senator from Alabama. SEC. 1049. MAINTENANCE OF A TRIAD OF STRA- an unsustainable path. We have al- Mr. SESSIONS. Mr. President, I do TEGIC NUCLEAR DELIVERY SYS- ready had 3 consecutive years of defi- believe the Defense authorization bill TEMS. cits exceeding $1 trillion, and we are has been moved in the way more legis- The Secretary of Defense shall take appropriate actions to maintain for the United projected to have another trillion-dol- lation needs to be handled in the Con- States a range of strategic nuclear delivery lar deficit next year. gress. I am confident that is in large systems appropriate for the current and an- The debt under President Obama has part due to the leadership of Senator ticipated threats faced by the United States, now increased by 42 percent in the first LEVIN, who is a professional, skilled including a triad of sea-based, land-based, 3 years of his term in office. It is an lawyer, who knows the big picture and and air-based strategic nuclear delivery sys- unsustainable course. We have to do the small details of the legislation. It tems. better. has been a pleasure to work with him AMENDMENT NO. 1184 The National Defense Authorization over the years. I have learned a great (Purpose: To limit any reduction in the num- Act represents our committee’s vision deal about our defense from him and ber of surface combatants of the Navy for defense in the future. We have done how legislation is enacted. So I want to below 313 vessels) something about the spending problem express my appreciation for that. At the end of subtitle C of title X, add the America has. As we calculate the num- And I thank Senator MCCAIN, who following: bers, we are down from $548 billion—in brings a vast knowledge of defense and SEC. 1024. LIMITATION ON REDUCTION IN NUM- actual money spent on the Defense De- military issues, and who is courageous BER OF SURFACE COMBATANTS OF partment last year—to $527 billion this THE NAVY BELOW 313 VESSELS. in defending what he believes the le- year, an actual reduction, in noninfla- (a) FINDINGS.—Congress makes the fol- gitimate interests of the United States lowing findings: tion-adjusted dollars, of over $20 bil- are. That has been a real pleasure. (1) The 2011 Shipbuilding Plan of the Navy lion, which represents about a 5-per- I will join Senator LEVIN in thanking contemplates a baseline of 313 surface com- cent reduction, a 4-percent reduction in Senator AYOTTE for her leadership. Her batants in the Navy. defense spending.

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.021 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7809 That is what all of our accounts President Obama’s Secretary of De- our national security is our debt. We should be doing. But, indeed, that is fense. He said it was basically an unac- are already seeing how it impacts us not happening. In the other aspects of ceptable situation, and he agreed with when you see these cuts being dis- discretionary spending—defense being Admiral Mullen, who was sitting beside cussed and being threatened. the largest portion of discretionary him at the time of that testimony, and I want to thank Senator AYOTTE—a spending in the Congress—the other in response to questions I asked of him. former prosecutor, attorney general of agencies and departments are not When I asked him about it—the hear- New Hampshire—for jumping in right showing a reduction at all. Indeed, ing was on another subject—he re- away into the very critical issue of de- they are showing an increase, even sponded with passion, Secretary Pa- tainees and how they should be treated after nondefense discretionary spend- netta did, and expressed deep concern in the United States. In the short time ing increased 24 percent in the first 2 about the course of our Defense De- she has been here, she is making a big years under President Obama. partment if these cuts were to take difference on that. Some think the base defense budget place. I was involved in it on the Judiciary has been surging—and it has been in- I will quote former Secretary Robert Committee. I have been involved in it creasing over the last decade—but it Gates, who served President Bush and on the Armed Services Committee. I has increased 84 percent over the past President Obama. Recently, he said am basically exhausted with it. I re- decade. I will note that Medicaid, for this: main flabbergasted. I think you are example, has increased over 100 per- I think, frankly, the creation of this super- right, Senator AYOTTE. This is progress cent. Food stamps are now up to $80 committee was a complete abdication of re- I believe you have made in these nego- billion this year. It is four times what sponsibility on the part of the Congress. It tiations, but I think we have gone too it was in 2001, from $20 billion to about basically says, ‘‘this is too hard for us. Give far in many of these ideas already. It $80 billion. us a BRAC. Give us a package where all I does not make common sense. have to do is vote it up or vote it down and Let me say a couple of things about So defense has not been surging out I don’t have to take any personal responsi- it. When a person is at war against the of proportion, I would suggest, to the bility for any of the tough decisions.’’ So United States and they are captured in other spending programs in our govern- now we’re left with this sword of Damocles combat activities against the United ment. In fact, it has been increasing, hanging over the government, hanging over States, they are able to be detained. even in this decade long of war against defense, and if these cuts are automatically They do not have to be tried. They do terrorism, at a rate that is not exces- made, I think that the results for our na- not have to be given Miranda rights. sive, in my view. It has been a pretty tional security will be catastrophic. They have to comply with the Geneva significant increase under realistic That is what the former Secretary of Conventions about food and the right Defense, a most respected Secretary, controls and not out of proportion to to communicate, and, within limits, said not long ago. So I think that is what we are concerned about. However, they can be interrogated. All of those fundamentally correct, that we are it is looking to be hammered a great things are part of the Geneva Conven- proceeding on a path that dispropor- deal more in the future, dispropor- tions. And they are to be detained until tionately impacts the Defense Depart- tionate, again, to what is happening in the war is over. That is so fundamen- ment and would be damaging in a way other spending accounts. tally logical. Why in the world would a that is not necessary and should not The Defense Department now is person who is fighting an enemy and happen. working on a total reduction in spend- could have killed the enemy at one mo- A lot of these other programs have ing of $489 billion more, which is about ment and captures them the next mo- been surging out of control with prob- 10 percent of what we would expect to ment then be required, while the war is lems after problems—whether it is spend in the next 10 years. That is be- still ongoing, to release them so they Solyndra loans that were made, appar- cause of the Budget Control Act we can shoot you again and attack you ently knowing the company is going passed in August that required reduc- again? tions in spending in discretionary ac- under—those kinds of things we need This is perfectly logical. It is part of counts. The choices so far have been to to focus on. To suggest they cannot the history of war, and it has long been reduce defense spending far more than have any cuts, and all the cuts have to established that when you capture the other accounts. fall on defense, or a disproportionate enemy combatants, you can detain In addition, if the deficit com- number of them, is a mistake. them until the conflict is over. But we mittee—the 12 supercommittee mem- I am a firm believer that the Defense have had this obsessive desire and at- bers—if they do not reach an accord, Department, and every department of tack by some that the people who have we all need to understand there will be our government, has to tighten its been captured need to be released, and an automatic sequester. Many people belt, and we cannot continue with busi- they insisted that they be released. So thought—and I think Senators prob- ness as usual, and we should be having they started with the least dangerous ably thought—if that were to be done, reductions in spending in every single members, and they have released, I it would be done across the board in an bill that is coming before us. But I am guess now, a majority of the people equal way. Not so. If that happens, $600 afraid the only bill that will actually who have been detained. And among billion additional would be taken out show an actual reduction in spending is the least dangerous members who have of defense, and items such as food the Defense bill, when we have men and been released, as Senator AYOTTE says, stamps, Medicaid, the earned income women in harm’s way right now on we now have 27 percent who have been tax credit, Social Security—all of guard to defend our country. identified as in the war, attacking us those would have no reductions. So it I feel we need to get our act together. now, and one of them is one of the top would amount to almost a 20-percent I am hopeful this committee of 12 can leaders in al-Qaida. This was never nec- reduction in the Defense Department reach an accord that would not ham- essary. in real dollars over 10 years. mer the Defense Department addition- Guantanamo is a perfectly logical It should not have been that way. ally from the huge cuts they are al- place to hold these individuals, and The agreement should not have tar- ready being asked to make over the how it became such a political issue— geted the Defense Department in such next 10 years. Maybe they can help us and President Obama campaigned on a Draconian way. We cannot allow that begin to get on a path to fiscal respon- it, and Attorney General Eric Holder to happen. sibility. But I am doubtful they are was out there complaining about it. All accounts need to be tightened. going to make a big change. Hopefully, Then he gets in as the Attorney Gen- Every agency and department has to they will make some agreement, but it eral of the United States, and they tighten its belt, including the Defense does not look hopeful we will have the commence to make some serious er- Department, but not disproportion- kind of financial alteration of spending rors, in my opinion. ately so. in America that is necessary to get our One of the biggest errors was to cre- Admiral Mullen said, if this were to country on the right path. ate a presumption that somebody who occur, it would ‘‘hollow us out,’’ it After all, Admiral Mullen, the Chair- has been apprehended attacking the could break the Defense Department man of the Joint Chiefs of Staff, said United States should be treated in ci- and our military; so did Leon Panetta, last year that the greatest threat to vilian courts. I know Senator AYOTTE

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.042 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7810 CONGRESSIONAL RECORD — SENATE November 18, 2011 just said this earlier, but people need We were going through a BRAC proc- obligations. Many of our allies do not to know. If you are going to try some- ess in the United States, closing bases meet the EU standard. The United one in civilian court, you have to give and consolidating bases. That process States should not be continuing to sub- them the Miranda immediately be- did not apply officially to Europe and sidize NATO and European allies’ de- cause when they come before the judge, bases around the world. And a number fense spending. They need to partici- if they made an admission without Mi- of us were engaged in that. I recall that pate some more. randa, it cannot be used against them. Senator SAXBY CHAMBLISS and MIKE I believe there are significant savings And you have to tell them immediately ENZI traveled with us to Europe, and that could be found by bringing both of that they are entitled to a lawyer. we examined—went to Germany and these brigade combat teams to the When you capture people in a war, you Italy and Spain, and we saw the bases United States, as has been planned. don’t give them lawyers. That has that were important to the United I would ask, is Europe more threat- never been a part of the rules of war. States, bases that we really needed and ened today than it was 2, 3, 4, 6 years And they are guaranteed presentment, we had good support from our allies on ago? I do not think so. They do not the right to speedy trial in Federal and that would be enduring bases. And think so. Europeans committed to 2 court within 70 days. They are entitled there was a plan in place to reduce the percent of their GDP to be committed to a preliminary hearing. So all of the deployment in areas where it was less to defense, but many of those nations other bad guys and terrorists now have important. are down to 1 percent. They are not an opportunity to know that you have So as a matter of background, I even fulfilling their 2 percent goal. The captured their co-conspirator, perhaps, would share these thoughts. Since 2004, United States is at 4 percent of GDP on and are aware of the circumstances and the Defense Department has had a plan defense, almost. may scatter in a way that you would to transfer two of its four combat bri- I think the Europeans need to be pre- not want to occur. gades in Europe back to the United pared to understand that they cannot So these are realistic things. So if States as part of a larger post-Cold War live off the United States. There is a there is a presumption—first of all, I realignment. However, in April of this great book by Kagan called ‘‘Paradise would say all of the cases should be year—-April of this year—the Depart- and Power.’’ It is very insightful, a tried in military commissions, if they ment of Defense announced it would very insightful book. It says, in a are tried, and not in civilian court. But sense: Europeans are comfortable. maintain three combat brigades and certainly the presumption should be Why? Because they are under the um- the fourth would not leave Europe that they would be in military commis- brella of American power. They have until 2015. sions because if the presumption, as Earlier this year, Admiral Stavridis been comfortable with that. They do Attorney General Holder has declared, told the Senate Armed Services Com- not feel threatened. They are not pay- is that it is civilian, then you have to mittee that roughly 80,000 troops re- ing their fair share of the defense bur- do the warning. main in Europe. Moving a brigade com- den. And they do not like it when we I remember in one of my hearings, want to bring home troops. Give me a bat team back to the United States Senator LINDSEY GRAHAM, a JAG offi- break. It is time to do something about would have cut U.S. forces by 5,000 per- cer in the Air Force—still trains as a that. reservist—grilled I believe it was At- sonnel. I believe all of our allies around the A 2010 plan developed by a congres- torney General Holder and asked him: world, whether in the Pacific or in Eu- sionally appointed committee found Well, what would happen if bin Laden rope or in other areas of the globe, that cutting one-third of the U.S. mili- were captured? Would you give him Mi- ought to work with us in partnership tary presence in Europe and the Pacific randa rights? And he could not answer so that we can be most effective in pro- would save billions of dollars over 10 the question. He would not answer the viding some stability around the world. years. I do believe significant cost sav- question because under his presump- But the idea that the United States tion, if Osama bin Laden were appre- ings can be realized. In addition to can unilaterally fund a security force hended, he should be given Miranda these savings, stationing these troops for the whole world is unrealistic. It rights. in the United States would have a can’t be sustained. So that is the nub of the problem we stimulative effect on State and local I just cannot possibly see how we have been wrestling with, and we have economies, with these soldiers and need this many troops in Europe at had a lot of political rhetoric, in my families living in their local economies this point in history. I believe it would opinion, attacked President Bush time and being able to stay with their fami- be good for our economy to have those and time again. They did not conduct lies more easily and reducing the num- troops back home in the United States. everything perfectly, but many of the ber of extensive movements of per- You can have the bases there that we attacks on President Bush, his Depart- sonnel and families to deploy in dif- could surge and meet any challenge in ment of Justice, and his military were ferent places around the world. So I be- short order. I believe that is the right unfair. lieve we need stay on track with this approach. Do you know that not a single person plan. I see my friend, Senator ENZI. We in Guantanamo was ever waterboarded, A February 2011 GAO report found traveled together on that trip to Eu- that the U.S. military never partici- that DOD posture planing guidance rope a number of years ago to examine pated in that? These were intel interro- does not require the EUCOM—the Eu- the bases that we felt should be perma- gations done under limited cir- ropean Command—to include com- nent and the ones that should be cumstances to a very few people. prehensive cost data in its theater pos- closed. Whether they should have been done or ture plan. As a result, DOD does not I yield the floor. not, we can all argue and disagree, but have critical information that can be The PRESIDING OFFICER. The Sen- the idea that the U.S. military, the De- used by decision-makers as they delib- ator from New Hampshire. fense Department, was systematically erate posture requirements. Ms. AYOTTE. Mr. President, I would torturing and abusing prisoners is ab- The GAO analysis showed that of the like to give my thanks to the Senator solutely untrue. No military under approximately $17 billion obligated to from Alabama for his comments about such difficult circumstances has per- the services to support installations in the concerns he has about our detainee formed so well. Europe between 2006 and 2009, approxi- policy and about how important it is Another subject. One of my amend- mately $13 billion—78 percent—was for that we have the right policies in place ments deals with a subject I have had operation and maintenance costs. Now, to protect Americans so that we can an opportunity to be engaged in for those countries want our people there. prioritize gathering intelligence. some years. Around 2002, 2003, or 2004, I It brings American money to their I also wanted to share in his concerns led a congressional delegation to Eu- economy—just like we would like to about what is happening with the rope dealing with the extent of our have a brigade combat in Alabama, supercommittee in terms of the impact forces in Europe, how many we have New Hampshire, or some other places. on our national security. There is no deployed there, and the opportunity we It is good for the economy. question that there are areas where we had and maybe the need we have to NATO and European allies, however, can do much better and be more effec- bring home some of those forces. are not meeting their defense spending tive with taxpayer dollars on defense

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.072 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7811 spending. But we cannot subjugate our imum bang for our buck and hold con- SEC. 515. PROHIBITION ON REPAYMENT OF EN- national security for our failure around LISTMENT OR RELATED BONUSES tractors accountable when they do not BY CERTAIN INDIVIDUALS EM- here to do our job and to have courage perform what we have contracted them PLOYED AS MILITARY TECHNICIANS to take on the entire budget and bring for. We need to make sure the terms of (DUAL STATUS) WHILE ALREADY A ourselves on a path of fiscal responsi- our contracts are good for the United MEMBER OF A RESERVE COMPO- NENT. bility. States and are fiscally responsible, and (a) PROHIBITION.—Section 10216 of title 10, So I know the Senator from Alabama that is what this amendment would do. has been a great leader in this area, United States Code, is amended by adding at It would prohibit the use of cost-type the end the following new subsection: and I appreciate his comments in that ‘‘(h) PROHIBITION ON REPAYMENT OF CER- regard. contracts for the production of major defense acquisition contracts and limit TAIN ENLISTMENT AND RELATED BONUSES.— AMENDMENT NO. 1249 the use of cost-type contracts for The Secretary concerned may not require an Mr. President, I also wanted to speak individual who becomes employed as a mili- major defense acquisition development briefly on an amendment that has al- tary technician (dual status) while the indi- ready been made pending that Senator contracts. This represents the core in- vidual is already a member of a reserve com- vestment in our Nation’s military, and MCCAIN and I are cosponsoring to- ponent to repay an enlistment, reenlistment, gether. as these costs increase, and as the De- or affiliation bonus provided to the indi- Over the last year, as a new Member partment of Defense faces the looming vidual in connection with the individual’s prospect of major budget cuts over the enlistment or reenlistment before such em- of the Senate and the Senate Armed ployment if the individual becomes so em- Services Committee, one of the con- next decade, we have to address this now for our troops and for our national ployed in the same occupational specialty cerns I have had is the way we do con- for which such bonus was provided.’’. security. We have to get this right. tracting at the Department of Defense. (b) APPLICABILITY.—The amendment made My overall impression has been that a I am hoping for and I ask my col- by subsection (a) shall take effect on the third year law student could negotiate leagues to support this amendment we date of the enactment of this Act, and shall much better terms for the United are bringing forward. Again, I would apply with respect to individuals first becoming employed as a military technician States than we have been negotiating say on behalf of Senator MCCAIN, who (dual status) on or after that date. for the country. In some of the negotia- has done so much work in this area, re- tions with our defense contracts we end forming our acquisition process and AMENDMENT NO. 1148 up on the hook when contractors don’t getting this right is so important to (Purpose: To provide rights of grievance, ar- perform or it takes longer than they what we are asking our military to do bitration, appeal, and review beyond the indicate, and we seem to always bear right now, which is to do more with adjutant general for military technicians) the financial burden of that. less. At the end of subtitle B of title V, add the When we look at the fiscal state of following: I thank the Chair, and I yield the the country and where we are, we need SEC. 515. RIGHTS OF GRIEVANCE, ARBITRATION, to reform that process. That is what floor. APPEAL, AND REVIEW BEYOND THE drew my interest to this issue. Senator The PRESIDING OFFICER. The Sen- ADJUTANT GENERAL FOR MILITARY TECHNICIANS. MCCAIN has long worked on this issue ator from Michigan. (a) RIGHTS IN ADVERSE ACTIONS NOT RE- of reforming our acquisition process, AMENDMENTS NOS. 1146, 1147, 1148, 1204, 1294, 1293, LATED TO MILITARY SERVICE.—Section 709 of and I have great respect for the work 1206, AND 1292 title 32, United States Code, is amended— he has done there. So we have offered (1) in subsection (f)— on this National Defense Authorization Mr. LEVIN. Mr. President, I ask (A) in the matter preceding paragraph (1), Act amendment No. 1249, which would unanimous consent to call up the fol- by striking ‘‘Notwithstanding any other pro- prevent millions of dollars in wasteful lowing amendments, the first four on vision of law and under’’ and inserting contract cost overruns from the De- behalf of Senator JACK REED, Nos. 1146, ‘‘Under’’; and partment of Defense on major defense 1147, 1148, and 1204; a fifth for Senator (B) in paragraph (4), by striking ‘‘a right of appeal’’ and inserting ‘‘subject to subsection REED, amendment No. 1294; No. 1293, a acquisition programs and help to en- (j), a right of appeal’’; and sure that our warfighters have the Levin amendment; No. 1206, a Boxer (2) by adding at the end the following new weapons and systems they need to pro- amendment; and No. 1292, a Menendez subsection: tect our Nation but doing so within amendment; and I then ask unanimous ‘‘(j)(1) Notwithstanding subsection (f)(4) or budget and on time frames that con- consent that we return to the regular any other provision of law, a technician and tractors commit to for our needs to order. a labor organization that is the exclusive make sure we have what we need to representative of a bargaining unit including The PRESIDING OFFICER. Without the technician shall have the rights of griev- protect our country. objection, it is so ordered. According to the Government Ac- ance, arbitration, appeal, and review extend- countability Office, in a March 2011 re- The amendments are as follows: ing beyond the adjutant general of the jurisdiction concerned and to the Merit Systems port entitled ‘‘Defense Acquisitions: AMENDMENT NO. 1146 Protection Board and thereafter to the Assessments of Selected Weapons Pro- United States Court of Appeals for the Fed- (Purpose: To provide for the participation of grams,’’ from fiscal year 2010 collec- eral Circuit, in the same manner as provided military technicians (dual status) in the tively, we ran more than $400 billion in sections 4303, 7121, and 7701–7703 of title 5, study on the termination of military tech- with respect to a performance-based or ad- over budget and were an average of al- nician as a distinct personnel management verse action imposing removal, suspension most 2 years behind schedule for major category) defense acquisitions programs. for more than 14 days, furlough for 30 days or Today, half of the Department of De- On page 114, strike line 2 and insert the fol- less, or reduction in pay or pay band (or fense major defense acquisition pro- lowing: comparable reduction). ‘‘(2) The rights in paragraph (1) shall not grams do not meet cost performance the study; and (8) ensure the involvement and input of apply to actions relating to military service. goals. Eighty percent of our major de- ‘‘(3) This subsection does not apply to a fense acquisition programs have an in- military technicians (dual status), including through their exclusive representatives in technician who is serving under a temporary crease in unit costs from initial esti- the case of military technicians (dual status) appointment or in a trial or probationary pe- mates that were given. While there can who are members of a collective bargaining riod.’’. be many factors that explain the cost unit. (b) ADVERSE ACTIONS COVERED.—Sub- overruns, the cost-type contracts have section (g) of such section is amended by been a significant contributing factor AMENDMENT NO. 1147 striking ‘‘, 3502, 7511, and 7512’’ and inserting in why we have these overruns both for (Purpose: To prohibit the repayment of en- ‘‘and 3502’’. production and development of our listment or related bonuses by certain in- (c) CONFORMING AMENDMENT.—Section major defense acquisition programs. dividuals who become employed as mili- 7511(b) of title 5, United States Code, is amended— We have to address these cost overruns, tary technicians (dual status) while already a member of a reserve component) (1) by striking paragraph (5); and particularly at a time when we are ask- (2) by redesignating paragraphs (6) through ing our Department of Defense to re- At the end of subtitle B of title V, add the (10) as paragraphs (5) through (9), respec- duce spending. We need to get the max- following: tively.

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AMENDMENT NO. 1204 (f) APPLICATION.—An organization or insti- (j) AVAILABLE FUNDS.—Funds for the pilot (Purpose: To authorize a pilot program on tution (or organizations and institutions) program shall be derived from amounts au- enhancements of Department of Defense seeking a grant under this section shall sub- thorized to be appropriated for the Depart- efforts on mental health in the National mit to the Secretary an application there- ment of Defense for Defense Health Program Guard and Reserves through community fore in such a form and containing such in- and otherwise available for obligation and partnerships) formation as the Secretary considers appro- expenditure. At the end of subtitle C of title VII, add priate, including the following: (k) DEFINITIONS.—In this section, the terms the following: (1) A description how the activities pro- ‘‘family member’’ and ‘‘caregiver’’, in the posed to be carried out with the grant will SEC. 723. PILOT PROGRAM ON ENHANCEMENTS case of a member of the National Guard or OF DEPARTMENT OF DEFENSE EF- help improve collaboration and coordination Reserves, have the meaning given such terms FORTS ON MENTAL HEALTH IN THE on research initiatives, treatment, and edu- in section 1720G(d) of title 38, United States NATIONAL GUARD AND RESERVES cation and outreach on mental health and Code, with respect to a veteran. THROUGH COMMUNITY PARTNER- substance use disorders and Traumatic Brain AMENDMENT NO. 1294 SHIPS. Injury among the Armed Forces. (a) PILOT PROGRAM AUTHORIZED.— (2) A description of existing efforts by the (Purpose: To enhance consumer credit pro- (1) IN GENERAL.—The Secretary of Defense applicant to put the research described in tections for members of the Armed Forces may carry out a pilot program to assess the (c)(1) into practice. and their dependents) feasibility and advisability of enhancing the (3) If the application comes from multiple At the end of subtitle H of title V, add the efforts of the Department of Defense in re- organizations and institutions, how the ac- following: search, treatment, education, and outreach tivities proposed to be carried out with the SEC. 577. ENHANCEMENT OF CONSUMER CREDIT on mental health and substance use dis- grant would improve coordination and col- PROTECTIONS FOR MEMBERS OF orders and Traumatic Brain Injury (TBI) in laboration among such organizations and in- THE ARMED FORCES AND THEIR DE- members of the National Guard and Re- stitutions. PENDENTS. serves, their family members, and their care- (4) If the applicant proposes to provide (a) PROHIBITED ACTIONS.—Subsection (e) of givers through community partners de- services or treatment to members of the section 987 of title 10, United States Code, is scribed in subsection (c). Armed Forces or family members using amended— (2) DURATION.—The duration of the pilot grant amounts, reasonable assurances that (1) in paragraph (6), by striking ‘‘or’’ at the program may not exceed three years. such services or treatment will be provided end; (b) GRANTS.—In carrying out the pilot pro- by a qualified provider. (2) by redesignating paragraph (7) as para- gram, the Secretary may award not more graph (9); and than five grants to community partners de- (5) Plans to comply with subsection (g). (g) EXCHANGE OF MEDICAL AND CLINICAL IN- (3) by inserting after paragraph (6) the fol- scribed in subsection (c). Any grant so FORMATION.—A community partner awarded lowing new paragraphs: awarded shall be awarded using a competi- a grant under the pilot program shall agree ‘‘(7) the creditor charges the borrower a fee tive and merit-based award process. to any requirements for the sharing of med- for overdraft service (as that term is defined (c) COMMUNITY PARTNERS.—A community by the Electronic Fund Transfer Act (15 partner described in this subsection is a pri- ical or clinical information obtained pursuant to the grant that the Secretary shall es- U.S.C. 1693 et seq.) and implementing regula- vate non-profit organization or institution tions) in connection with a withdrawal from (or multiple organizations and institutions) tablish for purposes of the pilot program. an automated teller machine or a one-time that— The exchange of medical or clinical informa- debit card transaction; (1) engages in each of the research, treat- tion pursuant to this subsection shall com- ‘‘(8) the creditor charges the borrower a fee ment, education, and outreach activities de- ply with applicable privacy and confiden- for overdraft service (as so defined) where scribed in subsection (d); and tiality laws. (h) DISSEMINATION OF INFORMATION.—The such fee is triggered as the result of the in- (2) meets such qualifications for treatment Secretary of Defense shall share with the stitution having posted the borrower’s trans- as a community partner as the Secretary Secretary of Veterans Affairs information on actions in order from largest to smallest; shall establish for purposes of the pilot pro- best practices in research, treatment, edu- gram. or’’. (d) ACTIVITIES.—Amounts awarded under a cation, and outreach on mental health and (b) REGULATIONS.—Subsection (h)(3) of such grant under the pilot program shall be uti- substance use disorders and Traumatic Brain section is amended— lized by the community partner awarded the Injury identified by the Secretary of Defense (1) by inserting ‘‘at least every two years’’ grant for one or more of the following: as a result of the pilot program. after ‘‘consult’’; and (1) To engage in research on the causes, de- (i) REPORT.—Not later than 180 days before (2) by adding at the end the following new velopment, and innovative treatment of the completion of the pilot program, the subparagraph: mental health and substance use disorders Secretary of Defense shall submit to the Sec- ‘‘(H) The Bureau of Consumer Financial and Traumatic Brain Injury in members of retary of Veterans Affairs, and to Congress, Protection.’’. the National Guard and Reserves, their fam- a report on the pilot program. The report (c) CONSUMER CREDIT.—Subsection (i)(6) of ily members, and their caregivers. shall include the following: such section is amended by adding at the end (2) To provide treatment to such members (1) A description of the pilot program, in- the following new sentence: ‘‘Such term and their families for such mental health cluding the community partners awarded shall also include credit under an open end and substance use disorders and Traumatic grants under the pilot program, the amount consumer credit plan (as defined by section Brain Injury. of grants so awarded, and the activities car- 103 of the Truth in Lending Act (15 U.S.C. (3) To identify and disseminate evidence- ried out using such grant amounts. 1602) and implementing regulations), except based treatments of mental health and sub- (2) A description of any research efforts ad- that the Secretary of Defense may exclude stance use disorders and Traumatic Brain In- vanced using such grant amounts. credit under such a plan that provides for jury described in paragraph (1). (3) The number of members of the National amortizing payments over a period of at (4) To provide outreach and education to Guard and Reserves provided treatment or least 92 days.’’. services by community partners using such such members, their families and caregivers, AMENDMENT NO. 1293 and the public about mental health and sub- grant amounts, and a summary of the types of treatment and services so provided. (Purpose: To authorize the transfer of stance use disorders and Traumatic Brain In- certain high-speed ferries to the Navy) jury described in paragraph (1). (4) A description of the education and out- (e) REQUIREMENT FOR MATCHING FUNDS.— reach activities undertaken using such grant At the end of subtitle C of title X, add the (1) REQUIREMENT.—The Secretary may amounts. following: award a grant under this section to an orga- (5) A description of efforts to exchange SEC. 1024. TRANSFER OF CERTAIN HIGH-SPEED nization or institution (or organizations and clinical information under subsection (g). FERRIES TO THE NAVY. institutions) only if the awardee agrees to (6) A description and assessment of the ef- (a) TRANSFER FROM MARAD AUTHORIZED.— make contributions toward the costs of ac- fectiveness and achievements of the pilot The Secretary of the Navy may, from funds tivities carried out with the grant, from non- program with respect to research, treatment, available for the Department of Defense for Federal sources (whether public or private), education, and outreach on mental health fiscal year 2012, provide to the Maritime Ad- an amount equal to not less than $3 for each and substance use disorders and Traumatic ministration of the Department of Transpor- $1 of funds provided under the grant. Brain Injury. tation an amount not to exceed $35,000,000 for (2) NATURE OF NON-FEDERAL CONTRIBU- (7) Such recommendations as the Secretary the transfer by the Maritime Administration TIONS.—Contributions from non-Federal of Defense considers appropriate in light of to the Department of the Navy of jurisdic- sources for purposes of paragraph (1) may be the pilot program on the utilization of orga- tion and control over the vessels as follows: in cash or in-kind, fairly evaluated. Amounts nizations and institutions such as commu- (1) M/V HUAKAI. provided by the Federal Government, or nity partners under the pilot program in ef- (2) M/V ALAKAI. services assisted or subsidized to any signifi- forts of the Department described in sub- (b) USE AS DEPARTMENT OF DEFENSE SEA- cant extent by the Federal Government, may section (a). LIFT VESSELS.—Each vessel transferred to not be included in determining the amount (8) A description of the metrics used by the the Department of the Navy under sub- of contributions from non-Federal sources Secretary in making recommendations section (a) shall be administered as a Depart- for such purposes. under paragraph (7). ment of Defense sealift vessel (as such term

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.023 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7813 is defined in section 2218(k)(2) of title 10, to the International Emergency Economic The PRESIDING OFFICER. The ma- United States Code). Powers Act (50 U.S.C. 1701 et seq.) in connec- jority leader. AMENDMENT NO. 1206 tion with— RENO WILDFIRE (Purpose: To implement common sense con- ‘‘(aa) Iran’s proliferation of weapons of trols on the taxpayer-funded salaries of de- mass destruction or delivery systems for Mr. REID. Mr. President, Reno, NV, fense contractors) weapons of mass destruction; or is a beautiful place. It is right below ‘‘(bb) Iran’s support for acts of inter- Strike section 842 of division A and insert the great Lake Tahoe, the beautiful Si- national terrorism. the following: erra Nevada Mountains. It is a beau- ‘‘(B) SUBMISSION TO CONGRESS.—The Presi- tiful picturesque place. SEC. 842. LIMITATION ON DEFENSE CONTRACTOR dent shall submit in writing to the appro- COMPENSATION. priate congressional committees the deter- I was troubled this morning to wake Section 2324(e)(1)(P) of title 10, United up and find that Reno, NV, is in trouble States Code, is amended to read as follows: mination made under subparagraph (A) and ‘‘(P) Costs of compensation of contractor the reasons for the determination. because of a devastating fire. We have and subcontractor employees for a fiscal ‘‘(2) IMPOSITION OF SANCTIONS.—Subject to more than 500 acres that have been year, regardless of the contract funding paragraphs (4), (5), and (6), if the President burned, and we have a number of source, to the extent that such compensation determines under paragraph (1)(A) that the homes that have been destroyed. The exceeds the annual amount paid to the Presi- Central Bank of Iran has engaged in conduct problem we have is, because of these described in that paragraph, the President dent of the United States in accordance with beautiful Sierra Nevada mountains section 102 of title 3.’’. shall— ‘‘(A) prohibit, or impose strict conditions that are towering over Reno, we get AMENDMENT NO. 1292 on, the opening or maintaining in the United devastating winds, and those winds are (Purpose: To require the President to impose States of a correspondent account or a pay- blowing now. The winds are at 60 miles sanctions with respect to the Central Bank able-through account by a foreign financial an hour while they are trying to con- of Iran if the President determines that institution that the President determines the Central Bank of Iran has engaged in trol this fire. It is ravaging everything has knowingly conducted any significant fi- in its path. conduct that threatens the national secu- nancial transaction with the Central Bank of rity of the United States or allies of the Iran; and So my thoughts are certainly with United States) ‘‘(B) impose sanctions pursuant to the the families who have lost their homes At the end of subtitle C of title XII, add International Emergency Economic Powers and the thousands of residents who the following: Act (50 U.S.C. 1701 et seq.) with respect to have been evacuated. The Pinehaven SEC. 1243. IMPOSITION OF SANCTIONS WITH RE- the Central Bank of Iran. and Caughlin Ranch neighborhoods at SPECT TO THE CENTRAL BANK OF ‘‘(3) ADDITIONAL SANCTIONS.—In addition to this time have been particularly af- IRAN. the sanctions required to be imposed under fected. But this terrible fire is raging Section 104 of the Comprehensive Iran paragraph (2), and subject to paragraph (4), Sanctions, Accountability, and Divestment the President may impose such other tar- across these acres in Reno and Washoe Act of 2010 (22 U.S.C. 8513) is amended— geted sanctions with respect to the Central County. We have fire crews from all (1) by redesignating subsections (h) and (i) Bank of Iran as the President determines ap- over the region that are trying to stop as subsections (i) and (j), respectively; and propriate to terminate the engagement of this disaster, trying to get this ram- (2) by inserting after subsection (g) the fol- the Central Bank of Iran in conduct de- paging fire under control, but the lowing new subsection: scribed in paragraph (1)(A) and activities de- winds are so strong that helicopters ‘‘(h) IMPOSITION OF SANCTIONS WITH RE- scribed in subsection (c)(2). can’t take off. So there is a lot of help SPECT TO THE CENTRAL BANK OF IRAN.— ‘‘(4) EXCEPTION FOR SALES OF FOOD, MEDI- ‘‘(1) DETERMINATION REQUIRED.— CINE, AND MEDICAL DEVICES.—The President that should be available that isn’t be- ‘‘(A) IN GENERAL.—Not later than 30 days may not impose sanctions under this sub- cause the winds are so difficult and be- after the date of the enactment of the Na- section on a person for engaging in a trans- cause, as I said, the helicopters can’t tional Defense Authorization Act for Fiscal action with the Central Bank of Iran for the get off the ground. Year 2012, the President shall determine sale of food, medicine, or medical devices to Of course, I called my son Leif as whether the Central Bank of Iran has en- Iran. soon as I heard about this. The phone gaged in conduct that threatens the national ‘‘(5) APPLICABILITY OF PROHIBITIONS AND was answered by my little grand- security of the United States or allies of the CONDITIONS ON ACCOUNTS.— United States, taking into consideration ‘‘(A) IN GENERAL.—Except as provided in daughter Nina, who was trying to ex- whether the Bank has— subparagraph (B), paragraph (2)(A) applies plain to me what was going on. Her ‘‘(i) facilitated activities of the Govern- with respect to financial transactions com- dad—my son—had been called to his ment of Iran that threaten global or regional menced on or after the date that is 60 days best friend’s home to try to help him. peace and security; after the date on which the President makes He had been ordered to evacuate. They ‘‘(ii) sought to evade multilateral sanc- the determination required by paragraph have no water. Alfredo Alonso’s home tions directed against the Government of (1)(A). has no water because there is a well Iran on behalf of that Government; ‘‘(B) PETROLEUM TRANSACTIONS.—Para- ‘‘(iii) engaged in deceptive financial prac- graph (2)(A) applies with respect to financial and the electricity is out so he can’t tices or mechanisms to facilitate illicit transactions for the purchase of petroleum pump water. But my son couldn’t make transactions with non-Iranian financial in- or petroleum products through the Central it there because the police stopped stitutions; Bank of Iran commenced on or after the date him. They wanted no one coming into ‘‘(iv) conducted transactions prohibited by that is 180 days after the date on which the the neighborhood because they are binding resolutions of the United Nations Se- President makes the determination required evacuating everyone. But my son and curity Council or allowed itself to be used to by paragraph (1)(A). his children—my four grandchildren— permit conduct prohibited by such resolu- ‘‘(6) WAIVER.—The President may waive seem to be well, and they are quite a tions; the application of paragraph (2) for a period ‘‘(v) conducted transactions on behalf of of 180 days, and renew such a waiver for addi- ways away from the fire. persons designated by the United States for tional periods of 180 days, if the President— Of course, I express my appreciation the imposition of sanctions pursuant to the ‘‘(A) determines that such a waiver is nec- to the brave firefighters who have been International Emergency Economic Powers essary to the national security interest of working around the clock to contain Act (50 U.S.C. 1701 et seq.); the United States; and the blaze and to the dedicated first re- ‘‘(vi) provided financial services in support ‘‘(B) submits to the appropriate congres- sponders who acted so quickly to proof, or otherwise facilitated, the ability of sional committees a report— tect lives and assist in the evacuation. Iran to— ‘‘(i) providing the justification for the ‘‘(I) acquire or develop chemical, biologi- waiver; and Mr. President, it is times such as this cal, or nuclear weapons, or related tech- ‘‘(ii) describing— we understand what happens to local nologies; ‘‘(I) any concrete cooperation the Presi- governments when they have to lay off ‘‘(II) construct, equip, operate, or maintain dent has received or expects to receive as a people—firefighters, police officers. It nuclear enrichment facilities; or result of the waiver; and has happened all over Nevada and all ‘‘(III) acquire or develop ballistic missiles, ‘‘(II) any assurances the President has re- over this country. We were here, as you cruise missiles, or destabilizing types and ceived or expects to receive as a result of the remember, a week or two ago trying to amounts of conventional weapons; or waiver from foreign financial institutions get assistance for places such as Reno ‘‘(vii) facilitated a transaction or provided that such institutions have ceased engaging financial services for— in financial transactions with the Central and other communities in America for ‘‘(I) Iran’s Revolutionary Guard Corps; or Bank of Iran related to terrorism or the fa- their fire and police, but the bill was ‘‘(II) a financial institution whose property cilitation, acquisition, or financing of weap- defeated. But these people who are or interests in property are blocked pursuant ons of mass destruction.’’. working are shorthanded, so they are

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.028 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7814 CONGRESSIONAL RECORD — SENATE November 18, 2011 working long hours there. It is impos- explanation of why those parts became back- Mr. CHAMBLISS. Mr. President, I sible to say how many lives they have logged, and an estimate of when the backlog rise to voice my support for the 2012 already saved, but they have. is likely to be fully addressed. National Defense Authorization Act, S. So my heart, and all our hearts, go (B) A review of critical warfighter require- 1867. This is one of the most important out to the firefighters as they carry on ments that are being impacted by a lack of bills the Senate considers each year, supplies and parts and an explanation of with this difficult work to control the steps that the Director plans to take to meet and this is the ninth Defense author- flames and protect the communities. I the demand requirements of the military de- ization bill I have been involved in will continue to follow the progress of partments. drafting since being elected to the Sen- this fire, and, of course, I will assist (C) An assessment of the feasibility and ad- ate. It sets funding levels and imple- Mayor Bob Cashell and members of the visability of working with outside commer- ments policies for the Department of Reno City Council and the Washoe cial partners to utilize flexible and efficient Defense and provides pay raises for our County Commission with anything turn-key rapid production systems to meet men and women in uniform. they think I can do to help. I support rapidly emerging warfighter requirements. After extended debate, this bill, (D) A review of plans to further consolidate Governor Sandoval’s decision to re- which authorizes $662 billion for the the ordering and stocking of parts and sup- Department of Defense and national se- quest a Federal emergency declaration, plies from the military departments at de- as firefighters and first responders are pots under the control of the Defense Logis- curity-related aspects of the Depart- doing their utmost to contain things. tics Agency. ment of Energy, was passed unani- So Reno and all of Washoe County (3) FLEXIBLE AND EFFICIENT TURN-KEY RAPID mously out of the Senate Armed Serv- can depend on my support in any way PRODUCTION SYSTEMS DEFINED.—For the pur- ices Committee. The committee was in they think I can help, and I will con- poses of this subsection, flexible and effi- a difficult situation this year, consid- tinue, as I have indicated, and I indi- cient turn-key rapid production systems are ering our Nation’s fiscal crisis. As I cate for the second time, to monitor systems that have demonstrated the capa- have firmly believed all along, every- bility to reduce the costs of parts, improve thing, including defense spending, must this situation very closely. manufacturing efficiency, and have the fol- The PRESIDING OFFICER. The Sen- be on the table to address our fiscal lowing unique features: circumstances. ator from Georgia. (A) VIRTUAL AND FLEXIBLE.—Systems that Mr. CHAMBLISS. Mr. President, first provide for flexibility to rapidly respond to In the midst of intense budget nego- of all, let me say to the majority leader requests for low-volume or high-volume ma- tiations, I am pleased we can offer and that our thoughts and prayers go out chined parts and surge demand by accessing debate a bill that addresses the real to folks in Nevada, and we certainly the full capacity of small- and medium-sized need to reduce government spending in hope this emergency situation is rec- manufacturing communities in the United a responsible and calculated manner. tified in the near term. States. As several of my colleagues have al- In Georgia, we had about 400,000 acres (B) SPEED TO MARKET.—Systems that pro- ready stated on the Senate floor, the vide for flexibility that allows rapid intro- destroyed by a forest fire back earlier National Defense Authorization Act duction of subassemblies for new parts and cuts a considerable amount from the this summer, and it is always a trag- weapons systems to the warfighter. defense budget, as requested by the edy. Loss of property is one thing, but (C) RISK MANAGEMENT.—Systems that pro- injury and potential loss of life, obvi- vide for the electronic archiving and updat- President. It is $27 billion less than the ously, is very much a part of that, and ing of turn-key rapid production packages to administration requested and $43 bil- our hearts go out to all the residents. provide insurance to the Department of De- lion less than the amount appropriated Our thanks go out to these brave men fense that parts will be available if there is for 2011. These were very difficult deci- and women who are fighting those fires a supply chain disruption. sions to make, but it was the fiscally out there, as they did in my State, to (b) REPORT ON AIR FORCE MATERIEL COM- responsible thing to do given our Na- get them under control. MAND REORGANIZATION.— tion’s fiscal situation. (1) RESTRICTION ON REORGANIZATION ACTIVI- I am pleased the committee was able AMENDMENT NO. 1304 TIES.—With respect to the planned reorga- to make these cuts without jeopard- Mr. President, I ask unanimous con- nization of the Air Force Materiel Command izing our national security. Given the sent that the pending amendment be announced on November 2, 2011, the Sec- unstable state of affairs around the set aside and that my amendment, retary of the Air Force shall make no world, now is not the time to slash im- which is at the desk, be made pending. changes related to organizational alignment, The PRESIDING OFFICER. Without reporting officials, or any other change re- portant programs that help our military carry out their responsibilities. objection, it is so ordered. lated to oversight or the duties of system The clerk will report. program managers, sustainment program We still have widespread enemies and The legislative clerk read as follows: managers, or product support managers who interests around the world. With this reside at installations where Air Logistics The Senator from Georgia [Mr. CHAMBLISS] in mind, the bill authorizes $3.2 billion Centers or depots are located until 60 days for himself and Mr. ISAKSON, Mr. INHOFE, Mr. for DOD’s Mine Resistant Ambush Pro- after the report required under paragraph (2) HATCH, Mr. LEE, and Mr. COBURN, proposes tected Vehicle fund; authorizes $10.3 is submitted to the congressional defense an amendment numbered 1304. billion for U.S. Special Operations committees. Command, an increase of 6 percent The amendment is as follows: (2) REPORT.— (Purpose: To require a report on the reorga- (A) IN GENERAL.—The Secretary of the Air above fiscal year 2011 levels; and au- nization of the Air Force Materiel Com- Force shall submit to the congressional de- thorizes more than $2.4 billion for mand) fense committees a report containing an DOD’s counter-improvised explosive Strike section 324 and insert the following: analysis of alternatives for alignment and device activities. SEC. 324. REPORTS ON DEPOT-RELATED ACTIVI- reporting of Air Force System Program Man- In recent months, we have seen what TIES. agers and Product Support Managers. a remarkable impact a small, elite (a) REPORT ON DEPOT-LEVEL MAINTENANCE (B) ELEMENTS.—The report required under force of U.S. soldiers can have, and I AND RECAPITALIZATION OF CERTAIN PARTS subparagraph (A) shall— am pleased this bill authorizes a de- AND EQUIPMENT.— (i) focus on the impacts to Air Force life served funding increase for U.S. Spe- (1) IN GENERAL.—Not later than 90 days cycle management, sustainment, readiness, after the date of the enactment of this Act, and overall support to the warfighter that cial Operations Command in order to the Director of the Defense Logistics Agency would likely be realized through the various expand their resources, training, tech- (DLA), in consultation with the military de- alternatives; nology, and equipment to accomplish partments, shall submit to the congressional (ii) address legal, financial, and other rel- their missions. Along with funding, defense committees a report on the status of evant issues; this bill will extend the authority of the DLA Joint Logistics Operations Center’s (iii) identify criteria for evaluating alter- Special Operations Forces to provide Drawdown, Retrograde and Reset Program natives; support to operations fighting against for the equipment from Iraq and Afghanistan (iv) include a list of alternatives, including terrorism around the world. and the status of the overall supply chain analysis and recommendations relating to Regarding our ongoing operations in management for depot-level activities. the alternatives; Afghanistan and elsewhere overseas, (2) ELEMENTS.—The report required under (v) describe cost and savings factors; and paragraph (1) shall include the following ele- (vi) focus on how the Air Force should be the bill allocates $11.2 billion for train- ments: best organized to conduct life cycle manage- ing and equipping the Afghan security (A) An assessment of the number of back- ment and sustainment, with overall readi- forces commensurate with rec- logged parts for critical warfighter needs, an ness being the highest priority. ommendations from the Commander of

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.075 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7815 U.S. Central Command, and fully sup- personnel, through fair pay, policies, In conclusion, I am extremely proud ports the budget request of $1.75 billion and benefits, including first-rate health of the hard work the Armed Services in Coalition Support Funds to reim- care, while addressing the needs of Committee Members and staff have burse key partner nations supporting wounded, ill, and injured servicemem- done to put together this Defense au- U.S. military operations in Operation bers and their families. thorization bill. I would particularly Enduring Freedom. Let me also briefly address the like to compliment our leadership, I am also pleased that I will be leav- amendment I have just filed. I have Chairman LEVIN and Ranking Member ing later on today, along with Senator been working for the last several weeks MCCAIN, on the job they have done and BURR, and heading to Afghanistan to with my colleagues, Senators ISAKSON, their willingness to work with Mem- visit our troops and to visit with our HATCH, LEE, INHOFE, and COBURN, on an bers of the Committee on our specific commanders on the ground, both from issue related to the reorganization of issues—issues such as the one Senator an intelligence standpoint as well as an the Air Force Materiel Command. AYOTTE and I discussed on the floor operational standpoint. This is the Let me first say that I support this yesterday, along with Senator GRAHAM, fourth Thanksgiving I have had the op- reorganization. It is the first major re- Senator MCCAIN, and Senator LEVIN, portunity to be on the ground with our organization of the Materiel Command regarding detainee policy, of which we troops and to look them in the eye, by the Air Force in some 60 years. I have none at the present time and to with their boots on the ground, and tell support the Air Force’s need and desire which folks such as Senator AYOTTE them how much we, as policymakers, to make themselves more efficient and have given a great deal of thought and but more importantly we, as Ameri- more effective, and for the most part, I have come up with some very logical cans, appreciate the great sacrifice believe the proposed reorganization ways in which we can address this issue each and every one of them is making will do that. of detainees so that we can get action- In these tight budget times, when we and how much we appreciate the great able intelligence from those detainees are all going to have to accept stream- job they are doing of protecting Amer- and, at the same time, ensure they are lined budgets and resources, some loss ica and protecting Americans. treated in ways that are respectful to This bill also authorizes $500 million of jobs and positions is, unfortunately, our system of jurisprudence on the inevitable, and I realize that. However, for counterterrorism, capacity-building military side as well as on the civilian there is one issue with respect to this activities, including targeted efforts in side. proposed reorganization that I think I want to also say that we have had east Africa and Yemen, and fully sup- we are all having a hard time under- a couple of hiccups along the way, but ports the budget request of $524 million standing and that relates to how the staff on both sides, the majority and to support the activities of the Office reorganization may affect the way the minority, have addressed those hic- of Security Cooperation in Iraq in over- Air Force organizes for sustainment of cups, and we have been working very seeing and implementing foreign mili- weapon systems. closely to try to ensure that the issues tary sales to the Iraqi security forces. The proposed reorganization would we raised with staff after the bill was Keeping in mind the strategic value take some of the key personnel who are filed have been addressed and are in the of our nuclear deterrent and our ongo- helping to orchestrate these sustain- process of being taken care of. ing need to modernize and maintain ment efforts and put them in a sepa- As a reflection of the extremely tight our nuclear triad, the bill authorizes rate chain of command from their part- budget environment, we have taken re- $1.1 billion to continue to develop the ners in carrying out those sustainment sponsible reductions in spending; how- Ohio-class replacement program, the efforts. This is hard to understand. ever, we maintain our commitment to SSBN(X), to modernize the sea-based And, in a time when our Air Force is the Armed Forces by providing funds leg of the nuclear deterrent system. working harder than ever and keeping and authorizations to protect our na- The U.S. military requires the capa- their aircraft in the fleet longer than tional security and support our men bility to counter a growing amount of ever, it is hard to imagine how a and women on the front lines, as well nontraditional threats. In this bill, we change such as the Air Force is pro- as their dedicated families here in strengthen our forces on the threat of posing here will help sustainment of America. cyber warfare and the proliferation of weapon systems. I look forward to the remainder of weapons of mass destruction and their We are working with the Air Force the debate on this bill when we return means of delivery. It is no secret that on this issue, and we are still in nego- after our Thanksgiving break. American computer networks are the tiations, but this is an issue for which To all of our men and women who victim of attempted hacking from we have yet to receive a satisfactory wear the uniform of the United States state and non-state actors around the explanation, and we have not reached a of America, Happy Thanksgiving. world on a regular basis. With funds conclusion of this issue. I think the Air The PRESIDING OFFICER. The Sen- authorized in this bill, the Department Force needs to clearly understand that ator from New Hampshire. Ms. AYOTTE. Mr. President, I thank of Defense will be able to better guard there is a risk here. There is a risk the Senator from Georgia for his lead- against the threat of cyber attacks. that this reorganization may have ership on the Armed Services Com- I am also pleased that in this bill we some unintended consequences specifi- mittee and also for the important work were able to focus on the well-being of cally related to the readiness of our Air our brave men and women fighting on he has been doing as the vice chair of Force. This is serious. We have not the Intelligence Committee to make the front lines for our freedom over- seen any explanation for how the Air seas, as well as their devoted family sure our country is protected. He is Force arrived at their proposed course particularly knowledgeable on these members back at home who make sac- of action on this specific issue or why rifices every single day. The bill au- issues of how we treat detainees, and they think it will improve readiness. I we did have a detailed colloquy on the thorizes $100.6 billion for military per- would also note that the way the Air sonnel, including costs of pay, allow- floor. His insight has been so impor- Force is seeking to reorganize in this tant in making sure we have the right ances, bonuses, death benefits, and per- respect goes against some of the basic manent change of station moves. The policies in place to protect America. principles and recommendations of a I yield the floor. bill also authorizes a 1.6-percent recent, very thorough report on this The PRESIDING OFFICER. The Sen- across-the-board pay raise for our serv- specific issue. ator from Wyoming. ice men and women as well as author- It is with these issues in mind that Mr. ENZI. Mr. President, I ask unani- izes over 30 types of bonuses and spe- we are filing this amendment. I very mous consent to speak as if in morning cial pays aimed at encouraging enlist- much look forward to the Air Force’s business. ment, re-enlistment, and continued explanations on this issue and to hav- The PRESIDING OFFICER. Without service by Active-Duty and Reserve ing this reorganization be executed in a objection, it is so ordered. component military personnel. Our at- way that allows the Air Force to con- (The remarks of Mr. ENZI pertaining tention remains on improving the qual- serve personnel and resources, organize to the introduction of S. 1909 are lo- ity of life of the men and women of the more efficiently, and sustain weapon cated in today’s RECORD under State- Armed Forces and their families, as systems to support the warfighter in ments on Introduced Bills and Joint well as Department of Defense civilian the most effective way possible. Resolutions.)

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.077 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7816 CONGRESSIONAL RECORD — SENATE November 18, 2011 Mr. ENZI. Mr. President, I suggest better. Although from traveling across Members of the House and Congress the absence of a quorum. our country, and particularly in Wyo- met in smaller committees to work on The PRESIDING OFFICER. The ming, I know the people there under- pieces of the Social Security problem. clerk will call the roll. stand it better than Congress does. But We came up with a plan and President The bill clerk proceeded to call the he could have changed it by repainting Clinton looked at the plan and met roll. that picture and then he could have with us as a group and said: If all of Mr. ENZI. Mr. President, I ask unani- followed it up with a solution which you are willing to put your fingerprint mous consent the order for the quorum would have been his budget. Instead, on this, we will do it. We can only do it call be rescinded. his budget was another stimulus plan. if everybody puts their fingerprint on The PRESIDING OFFICER. Without It has been voted on by Congress. It it so both parties are responsible for it, objection, it is so ordered. was not voted for by Congress, it was and everybody in the room agreed to do Mr. ENZI. Mr. President, I ask unani- voted on by Congress, and it was voted that. mous consent to speak as in morning 97 to nothing—it was defeated. I think Unfortunately, we were distracted a business. the deficit commission report would little bit by something called Monica The PRESIDING OFFICER. Without have done much better. Lewinsky, and that bill never came up objection, it is so ordered. Congress has also had the chance to anywhere. THE NATIONAL DEBT change direction—and in some cases we The situation we are in right now is Mr. ENZI. Mr. President, I was sorry have. We have kind of eliminated ear- passing bills to fail. Each side has a to hear the supercommittee is in trou- marks. There are still some of them tendency to put up a bill that has ble, that they might not be able to that are slipped in, but we kind of something good in it, packaged with agree. Then this morning’s Washington eliminated them. We have a couple new something they like but the other side Post front page headline was ‘‘Debt problems. Now we add demonstration doesn’t like. It is going to get defeated Panel Failure Won’t Cause Catas- projects. We have always had dem- on the basis of what each side doesn’t trophe.’’ onstration projects, but now we do it as like and the good part is left out. That Every day we do not find a solution, a substitute for earmarks and that is is not going to get anything done for every day we spend is a catastrophe. where we allow maybe five States to us. We have maxed out our credit cards. have an opportunity to do a particular We have tried the stimulus bill. We Here is one way that came to my at- program to see if it works. So we fund got negligible effects on jobs. It did es- tention. I was traveling in Wyoming it in a minimal amount—that still is calate the basis for budgets and it was and I checked into the hotel for the millions. The difficulty is that at the the use of one-time money. That has night. The person checking me in, very end of the period of time for that dem- created some problems for it. We hear that 30,000 teachers and firefighters are embarrassed, said: I am sorry, but it onstration project, they all work. They going to be laid off. That comes from will not take your credit card. It was a are all spectacular. They all would save safety money and education money Federal credit card. America if we just put it in every sin- that went to the States. It was one- I said: Goodness, we are in more trou- gle State and funded it from the Fed- time money. They cannot use one-time ble than I thought. I gave them my eral Government. money for a continuing contract. If a personal credit card and that went It can’t happen. We are out of money. State did, yes, they are having to lay right through so I am not sure where There are lots of good ideas out there, off people because the stimulus is not we are. But I know we have maxed out lots of good ideas that would help. being repeated each and every year. our credit cards and not just that but When those ideas are proved—the idea Are there solutions? Yes, there are also the symbolic credit cards that we with the demonstration is that it solutions. I am optimistic about the so- have. We have as much debt as we would demonstrate well enough how lutions. I do recognize everything has probably can sustain and as debt comes good it is that somewhere at the local to be on the table and we should all due across the world for other coun- level that project would be picked up reread the deficit commission report. tries, it is going to be tougher and and done or forgotten. But, no, we do We have to ask constituents to suggest tougher to be able to sell more debt. make them a national program and we their own programs to reduce. We are kind of in the same situation do fund them forever in chunks of In the spring, we will be inundated by as Greece and Italy, except for two time. a whole lot of people who will be ready things. No. 1 is we are a big, flexible Another thing we are doing is that to have us support the program that country that has pulled itself out of we propose a project and, because we makes a difference in their life and the terrible situations time and time like the word ‘‘pay-for,’’ because we life of the community. I always ask again, and we will do it this time too. should pay for whatever we are doing, them how we are going to pay for it? We also own our own money supply. we put up a project, we put a 2-year They always suggest somebody else’s That helps. limit on the project, and then we pick program to cancel. There are never any When constituents ask what can they a pay-for by showing some program suggestions of how to consolidate with- expect, I always start the conversation that, if it were eliminated for 10 years, in their own program and do it. They by saying you should expect to get no might bring in that amount of revenue. have to do it and each of us in Congress more than what the 2008 level was. We We cannot pay for a 2-year program needs to evaluate our own programs. increased things considerably after with 10 years’ worth of revenue because Not all of them can be sacred cows. I that with the stimulus bill and that in- somebody is going to spend the rest of wish to congratulate Senator RUBIO creased some bases. We have to get that anyway and it may never be col- and Senator COONS for a jobs creation back down to 2008, just as a beginning. lected. A Congress can change its mind bill they have put together. They have I have to say the President has had a all the time. We have to quit using taken the diverse bills from both sides chance to change direction. I have to gimmicks and we have to quit adding of the aisle and several others and congratulate the President for naming new programs. What part of maxed out looked to see if there was any common a deficit commission. I even like the credit cards don’t we understand? We thread. All they did was pick out the people he named to it, with Senator have to quit buying votes with dollars common thread from each of those and Simpson from Wyoming and Erskine we do not have. put them into a bill. If both sides and Bowles heading up that committee. I We do have to address mandatory others in Congress like it, why would think they did some tremendous work. spending. Social Security and Medicare that not pass and pass quickly? I think we should pay more attention have been a problem for a long time. I I congratulate our Congresswoman to what they had to say. remember when I first came to Con- LUMMIS, from Wyoming. She is on the I had a little disappointment when gress, President Clinton was the Presi- Appropriations Committee. I think the President did his State of the dent and he called for a special con- that is the first time we have ever had Union speech following their report. He ference on Social Security. We had 1 anybody on the Appropriations Com- had an opportunity to repaint the same day where we got to be initiated into mittee. She gets into the details of the bleak picture that committee painted what all the problems were—fantastic budget. In fact, she has gotten into de- and America would have understood speakers. We had a second day where tails of the budget down to very small

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So that the Secretary to develop a multi-agency sure the bills go to committee. I have is a whole lot of duplication. It is du- comprehensive plan to expand domestic de- been a committee chairman. I have plicating each and every agency. If we fense and industrial base supply chains with been a ranking member. I know when a have only one jurisdiction over one involvement from other applicable Federal agencies or industry consortiums— bill goes to committee, that is where agency, that is the only place we can (1) to identify United States manufacturers we can get into the details of the bill, eliminate it. currently producing, or capable of producing, and we can do nuances. When a bill When I got here there were 119 pre- defense and industrial base equipment, com- comes to the floor of the Senate, and it school programs. I took a look at ponent parts, or similarly performing prod- came from the President to the leader them, and there were quite a few of ucts; and and then to us, the amendments we put them that were failing according to (2) to work with partners to identify and in are not very workable as far as their own evaluation—not my evalua- address gaps in domestic supply chains. reaching agreement from both sides. tion, their own evaluation. We were AMENDMENT NO. 1260 They are kind of an up-or-down vote. able to get that down to 69 programs. (Purpose: To strike section 846, relating to a They are very political, and that kind There are 69 preschool programs at the waiver of ‘‘Buy American’’ requirements of stymies what we are trying to do. present time. Here is the interesting for procurement of components otherwise We have to quit doing comprehensive part of that: Only eight of those are producible overseas with specialty metal not produced in the United States) bills. We can do them in stages. We can under the Department of Education. do parts of them. They can be very Sixty-one of them are in other depart- Strike section 846. major parts, but they can be done in ments. It seems like we could have con- AMENDMENT NO. 1261 parts. solidation and maybe some elimination (Purpose: To extend treatment of base clo- I remember reading a book about the of duplication. sure areas as HUBZones for purposes of the compromise of 1850. Henry Clay put Also, we have the States and the Small Business Act) himself in the hospital trying to pass local governments coming to us and At the end of title XXVII, add the following: this huge compromise. When he did, saying: We are out of money. We need some of his friends took the bill, broke money, and we don’t have any money. SEC. 2705. SMALL BUSINESS HUBZONES. Section 152(a)(2) of the Small Business Re- it into parts, four parts, and got all the We cannot afford to help them that way. authorization and Manufacturing Assistance parts passed. Now, there were only four Act of 2004 (15 U.S.C. 632 note) is amended by people in all of the Senate at that time I have put in a bill to help them col- inserting before the period at the end ‘‘, be- who voted for all the parts, but all the lect the sales tax already due them, ginning on the date of enactment of the Na- parts passed. There should be a lesson and this is the marketplace fairness tional Defense Authorization Act for Fiscal in there for us. I do follow an 80-per- bill that would take care of their infra- Year 2012’’. cent rule; I found we can agree on 80 structure and their jobs. So I hope ev- AMENDMENT NO. 1262 percent of the issues. If we stick to eryone will take a look at that. (Purpose: To clarify the meaning of ‘‘pro- that 80 percent, we can pick any one Finally, another solution would be duced’’ for purposes of limitations on the issue and we can solve 80 percent of the Buy Back America Bonds that I procurement by the Department of Defense that problem. We can solve 100 percent spoke about just a little while ago. If of specialty metals within the United States) if we can get everybody to think of an everybody bought some bonds, that alternative way to do that, one sticky could reduce the amount of debt held At the end of subtitle E of title VIII, add the following: part that we have polarized for years. by foreign countries; that would help Another thing we need to do is elimi- us and then that would reduce the SEC. 889. ADDITIONAL DEFINITION RELATING TO amount of spending by an equal PRODUCTION OF SPECIALTY MET- nate duplication. Senator COBURN and I ALS WITHIN THE UNITED STATES. took a look at the primary department amount. There are solutions out there. Section 2533b(m) of title 10, United States that comes under the jurisdiction of It is time we got busy on them. Code, is amended by adding at the end the the Health, Education, Labor, and Pen- I thank the supercommittee for their following new paragraph: sions Committee. We found $9 billion in work and ask everybody to pay atten- ‘‘(11) The term ‘produced’, as used in sub- duplication. Because it is duplication, tion to whatever they come up with. sections (a) and (b), means melted, or proc- I yield the floor. essed in a manner that results in physical or we cannot eliminate $9 billion because The PRESIDING OFFICER. The Sen- chemical property changes that are the there are some who would stay and do ator from Michigan. equivalent of melting. The term does not in- the same thing the other group was AMENDMENTS NOS. 1259, 1260, 1261, 1262, 1263, 1080, clude finishing processes such as rolling, doing. It stimulated Dr. COBURN 1296, 1151, 1152, 1209, 1210, 1236, AND 1255 heat treatment, quenching, tempering, enough that he looked at all the pro- Mr. LEVIN. Mr. President, I ask grinding, or shaving.’’. grams. In all of the programs he found unanimous consent that the pending AMENDMENT NO. 1263 $900 billion worth of duplication. amendment be set aside and that the (Purpose: To authorize the conveyance of the Duplication is not like fraud, waste, following amendments be called up en John Kunkel Army Reserve Center, War- ren, Ohio) and abuse. Fraud, waste, and abuse, we bloc. don’t know how much is out there. We The PRESIDING OFFICER. Without At the end of subtitle C of title XXVIII, catch a piece at a time, and we specu- objection, it is so ordered. add the following: late on how much there is. But duplica- Mr. LEVIN. They are, Senator SEC. 2823. LAND CONVEYANCE, JOHN KUNKEL tion is specific because it is already in ARMY RESERVE CENTER, WARREN, SHERROD BROWN, 1259, 1260, 1261, 1262, OHIO. the budget. 1263; Senator LEAHY, 1080; Senator (a) CONVEYANCE AUTHORIZED.—The Sec- We can look at what they are paid WYDEN, 1296; Senator PRYOR, 1151, 1152; retary of the Army may convey to the West- right now, and if we eliminate that, it and Senator BILL NELSON, 1209, 1210, ern Reserve Port Authority of Vienna, Ohio is a specific amount. When he talks 1236, and 1255. (in this section referred to as the ‘‘Port Au- about $900 billion worth of duplication, The PRESIDING OFFICER. Without thority’’), all right, title, and interest of the it is $900 billion worth of duplication. objection, it is so ordered. United States in and to a parcel of real prop- We ought to be able to get rid of at The amendments en bloc are as fol- erty, including any improvements thereon, least $450 billion of that. Half of it consisting of approximately 6.95 acres and lows: containing the John Kunkel Army Reserve could be duplication. It is twice as AMENDMENT NO. 1259 Center located at 4967 Tod Avenue in Warren, much of what we effectively need. (Purpose: To link domestic manufacturers to Ohio, for the purpose of permitting the Port Why did we find $9 billion in one defense supply chain opportunities) Authority to use the parcel for development agency and $900 billion by looking at At the end of subtitle C of title III, add the of a port facility and for other public pur- all of them? When we go outside the ju- following: poses.

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(b) INCLUSION OF PERSONAL PROPERTY.— AMENDMENT NO. 1296 (A) by redesignating paragraphs (4) The Secretary of the Army may include as (Purpose: To require reports on the use of in- through (8) as paragraphs (5) through (9), re- part of the conveyance under subsection (a) demnification agreements in Department spectively; and personal property located at the John of Defense contracts) (B) by inserting after paragraph (3) the fol- Kunkel Army Reserve Center that— At the end of subtitle C of title VIII, add lowing new paragraph (4): (1) the Secretary of Transportation rec- the following: ‘‘(4) A person covered by subsection (a)(3) ommends would be appropriate for the devel- of section 1475 of this title who died while on opment or operation of a port facility at the SEC. 848. REPORTS ON USE OF INDEMNIFICATION authorized stay at the person’s residence AGREEMENTS. site; and during a period of inactive duty training or (a) IN GENERAL.—Chapter 137 of title 10, (2) the Secretary of the Army agrees is ex- between successive days of inactive duty United States Code, is amended by adding at cess to the needs of the Army. training is considered to have been on inac- the end the following: (c) INTERIM LEASE.—Until such time as the tive duty training on the date of his death.’’. ‘‘§ 2335. Reports on use of indemnification (b) RECOVERY, CARE, AND DISPOSITION OF real property described in subsection (a) is agreements conveyed to the Port Authority, the Sec- REMAINS AND RELATED BENEFITS.—Section retary of the Army may lease the property ‘‘(a) IN GENERAL.—Beginning October 1, 1481(a)(2) of such title is amended— to the Port Authority. 2011, not later than 90 days after the date on (1) by redesignating subparagraph (E) and which any action described in subsection (F) as subparagraphs (F) and (G), respec- (d) CONSIDERATION.— (b)(1) occurs, the Secretary of Defense shall tively; and (1) CONVEYANCE.—The conveyance under submit to the congressional defense commit- (2) by inserting after subparagraph (D) the subsection (a) shall be made without consid- tees and the Committees on the Budget of following new subparagraph (E): eration as a public benefit conveyance for the House of Representatives and the Senate ‘‘(E) staying at the member’s residence, port development if the Secretary of the a report on such action. when so authorized by proper authority, dur- Army determines that the Port Authority ‘‘(b) ACTION DESCRIBED.—(1) An action de- ing a period of inactive duty training or be- satisfies the criteria specified in section 554 scribed in this paragraph is the Secretary of tween successive days of inactive duty train- of title 40, United States Code, and regula- Defense— ing;’’. tions prescribed to implement such section. ‘‘(A) entering into a contract that includes (c) EFFECTIVE DATE.—The amendments If the Secretary determines that the Port an indemnification agreement; or made by this section shall take effect on Authority fails to qualify for a public benefit ‘‘(B) modifying an existing indemnification January 1, 2010, and shall apply with respect conveyance, but the Port Authority still de- agreement in any contract. to deaths that occur on or after that date. sires to acquire the property, the Port Au- ‘‘(2) Paragraph (1) shall not apply to any AMENDMENT NO. 1152 thority shall pay to the United States an contract awarded in accordance with— (Purpose: To recognize the service in the re- amount equal to the fair market value of the ‘‘(A) section 2354 of this title; or serve components of the Armed Forces of property to be conveyed. The fair market ‘‘(B) the Comprehensive Environmental certain persons by honoring them with sta- value of the property shall be determined by Response, Compensation, and Liability Act tus as veterans under law) the Secretary. of 1980 (42 U.S.C. 9601 et seq.). (2) LEASE.—The Secretary of the Army ‘‘(c) MATTERS INCLUDED.—For each con- At the end of subtitle H of title X, add the may accept as consideration for a lease of tract covered in a report under subsection following: the property under subsection (c) an amount (a), the report shall include— SEC. 1088. PROVISION OF STATUS UNDER LAW BY that is less than fair market value if the Sec- ‘‘(1) the name of the contractor; HONORING CERTAIN MEMBERS OF retary determines that the public interest ‘‘(2) the actual cost or estimated potential THE RESERVE COMPONENTS OF THE ARMED FORCES AS VETERANS. will be served as a result of the lease. cost involved; (a) IN GENERAL.—Chapter 1 of title 38, ‘‘(3) a description of the items, property, or (e) PAYMENT OF COSTS OF CONVEYANCE.— United States Code, is amended by inserting services for which the contract is awarded; (1) PAYMENT REQUIRED.—The Secretary after section 107 the following new section: shall require the Port Authority to reim- and burse the Secretary to cover costs (except ‘‘(4) a justification of the contract includ- ‘‘§ 107A. Honoring as veterans certain persons costs for environmental remediation of the ing the indemnification agreement. who performed service in the reserve com- property) to be incurred by the Secretary, or ‘‘(d) NATIONAL SECURITY.—The Secretary ponents to reimburse the Secretary for costs incurred may omit any information in a report under ‘‘Any person who is entitled under chapter by the Secretary, to carry out the convey- subsection (a) if the Secretary— 1223 of title 10 to retired pay for nonregular ance under subsection (a), including survey ‘‘(1) determines that the disclosure of such service or, but for age, would be entitled costs, costs for environmental documenta- information is not in the national security under such chapter to retired pay for nonreg- tion, and any other administrative costs re- interests of the United States; and ular service shall be honored as a veteran lated to the conveyance. ‘‘(2) includes in the report a justification of but shall not be entitled to any benefit by (2) TREATMENT OF AMOUNTS RECEIVED.— the determination made under paragraph reason of this section.’’. Amounts received as reimbursement under (1).’’. (b) CLERICAL AMENDMENT.—The table of paragraph (1) shall be credited to the fund or (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is account that was used to cover those costs sections at the beginning of chapter 137 of amended by inserting after the item relating incurred by the Secretary in carrying out such title is amended by adding at the end to section 107 the following new item: the conveyance. Amounts so credited shall the following new item: ‘‘107A. Honoring as veterans certain persons be merged with amounts in such fund or ac- ‘‘2335. Reports on use of indemnification who performed service in the count, and shall be available for the same agreements.’’. reserve components.’’. purposes, and subject to the same conditions AMENDMENT NO. 1151 AMENDMENT NO. 1209 and limitations, as amounts in such fund or (Purpose: To authorize a death gratuity and (Purpose: To repeal the requirement for re- account. related benefits for Reserves who die dur- duction of survivor annuities under the (f) DESCRIPTION OF PROPERTY.—The exact ing an authorized stay at their residence Survivor Benefit Plan by veterans’ depend- acreage and legal description of the property during or between successive days of inac- ency and indemnity compensation) to be conveyed under subsection (a) shall be tive duty training) At the end of subtitle C of title VI, add the determined by a survey satisfactory to the At the end of subtitle C of title VI, add the following: Secretary of the Army and the Port Author- following: SEC. lll. REPEAL OF REQUIREMENT OF RE- ity. The cost of such survey shall be borne by DUCTION OF SURVIVOR BENEFITS the Port Authority. SEC. 634. DEATH GRATUITY AND RELATED BENE- FITS FOR RESERVES WHO DIE DUR- PLAN SURVIVOR ANNUITIES BY DE- (g) ADDITIONAL TERMS AND CONDITIONS.— ING AN AUTHORIZED STAY AT THEIR PENDENCY AND INDEMNITY COM- The Secretary of the Army may require such RESIDENCE DURING OR BETWEEN PENSATION. additional terms and conditions in connec- SUCCESSIVE DAYS OF INACTIVE (a) REPEAL.— tion with the conveyance as the Secretary DUTY TRAINING. (1) IN GENERAL.—Subchapter II of chapter considers appropriate to protect the inter- (a) DEATH GRATUITY.— 73 of title 10, United States Code, is amended ests of the United States. (1) PAYMENT AUTHORIZED.—Section as follows: 1475(a)(3) of title 10, United States Code, is (A) In section 1450, by striking subsection AMENDMENT NO. 1080 amended by inserting before the semicolon (c). (Purpose: To clarify the applicability of re- the following: ‘‘or while staying at the Re- (B) In section 1451(c)— quirements for military custody with reserve’s residence, when so authorized by (i) by striking paragraph (2); and spect to detainees) proper authority, during the period of such (ii) by redesignating paragraphs (3) and (4) inactive duty training or between successive as paragraphs (2) and (3), respectively. On page 361, line 9, insert after ‘‘a person days of inactive duty training’’. (2) CONFORMING AMENDMENTS.—Such sub- who is described in paragraph (2) who is cap- (2) TREATMENT AS DEATH DURING INACTIVE chapter is further amended as follows: tured’’ the following: ‘‘abroad or on a United DUTY TRAINING.—Section 1478(a) of such title (A) In section 1450— States military facility’’. is amended— (i) by striking subsection (e);

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(ii) by striking subsection (k); and (1) IN GENERAL.—Not later than one year SEC. 723. EPIDEMIOLOGICAL STUDY ON HEALTH (iii) by striking subsection (m). after the date of the enactment of this Act, OF MILITARY PERSONNEL EXPOSED (B) In section 1451(g)(1), by striking sub- the Secretary of the Navy shall conduct an TO BURN PIT EMISSIONS AT JOINT paragraph (C). analysis of the costs and benefits of sta- BASE BALAD. (C) In section 1452— tioning additional DDG–51 class destroyers The Secretary of Defense shall conduct a (i) in subsection (f)(2), by striking ‘‘does at Naval Station Mayport, Florida. cohort study on the long-term health effects of exposure to burn pit emissions in military not apply—’’ and all that follows and insert- (2) ELEMENTS.—The analysis required by ing ‘‘does not apply in the case of a deduc- paragraph (1) shall include, at a minimum, personnel deployed at Joint Base Balad. The tion made through administrative error.’’; the following: study shall include a prospective evaluation and (A) Consideration of the negative effects on from retrospective estimates of such expo- (ii) by striking subsection (g). the ship repair industrial base at Naval Sta- sures. The study shall be conducted in ac- (D) In section 1455(c), by striking ‘‘, tion Mayport caused by the retirement of cordance with recommendations by the In- 1450(k)(2),’’. FFG–7 class frigates and the procurement stitute of Medicine concluding that further (b) PROHIBITION ON RETROACTIVE BENE- delays of the Littoral Combat Ship, includ- study is needed to establish correlation be- FITS.—No benefits may be paid to any person ing, in particular, the increase in costs tween burn pit exposure and disease. for any period before the effective date pro- (which would be passed on to the taxpayer) The PRESIDING OFFICER. The Sen- vided under subsection (f) by reason of the of reconstituting the ship repair industrial ator from New Hampshire. amendments made by subsection (a). base at Naval Station Mayport following the (c) PROHIBITION ON RECOUPMENT OF CERTAIN AMENDMENTS NOS. 1281, 1133, 1134, 1286, 1287, 1290, projected drastic decrease in workload. AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- AND 1291 (B) Updated consideration of life exten- CIPIENTS.—A surviving spouse who is or has sions of FFG–7 class frigates in light of con- Ms. AYOTTE. Mr. President, I ask been in receipt of an annuity under the Sur- tinued delays in deliveries of the Littoral unanimous consent to temporarily set vivor Benefit Plan under subchapter II of aside the pending amendment and call chapter 73 of title 10, United States Code, Combat Ship deliveries. that is in effect before the effective date pro- (C) Consideration of the possibility of up the following amendments en bloc: vided under subsection (f) and that is ad- bringing additional surface warships to Senator MCCAIN’s amendment No. 1281 justed by reason of the amendments made by Naval Station Mayport for maintenance with regarding the transfer of arms to Geor- subsection (a) and who has received a refund the consequence of spreading the ship repair gia; Senator BLUNT’s two amendments, workload appropriately amongst the various of retired pay under section 1450(e) of title Nos. 1133 and 1134; Senator MUR- public and private shipyards and ensuring 10, United States Code, shall not be required KOWSKI’s two amendments, Nos. 1286 to repay such refund to the United States. the long-term health of the shipyard in and 1287; and Senator RUBIO’s two (d) REPEAL OF AUTHORITY FOR OPTIONAL Mayport. ANNUITY FOR DEPENDENT CHILDREN.—Section (b) COMPTROLLER GENERAL OF THE UNITED amendments, Nos. 1290 and 1291. 1448(d) of such title is amended— STATES ASSESSMENT.—Not later than 120 The PRESIDING OFFICER. Without (1) in paragraph (1), by striking ‘‘Except as days after the submittal of the report re- objection, it is so ordered. provided in paragraph (2)(B), the Secretary quired by subsection (a), the Comptroller The amendments en bloc are as fol- concerned’’ and inserting ‘‘The Secretary General of the United States shall submit to lows: concerned’’; and Congress an assessment by the Comptroller (2) in paragraph (2)— General of the report, including a determina- AMENDMENT NO. 1281 (A) by striking ‘‘DEPENDENT CHILDREN.—’’ tion whether or not the report complies with (Purpose: To require a plan for normalizing and all that follows through ‘‘In the case of applicable best practices. defense cooperation with the Republic of a member described in paragraph (1),’’ and AMENDMENT NO. 1236 Georgia) inserting ‘‘DEPENDENT CHILDREN ANNUITY (Purpose: To require a report on the effects At the end of subtitle C of title XII, add WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the of changing flag officer positions within the following: case of a member described in paragraph the Air Force Material Command) SEC. 1243. DEFENSE COOPERATION WITH REPUB- (1),’’; and LIC OF GEORGIA. At the end of subtitle G of title X, add the (B) by striking subparagraph (B). (a) PLAN FOR NORMALIZATION.—Not later following: (e) RESTORATION OF ELIGIBILITY FOR PRE- than 90 days after the date of the enactment VIOUSLY ELIGIBLE SPOUSES.—The Secretary SEC. 1030. REPORT ON EFFECTS OF CHANGING of this Act, the President shall develop and of the military department concerned shall FLAG OFFICER POSITIONS WITHIN submit to the congressional defense commit- restore annuity eligibility to any eligible THE AIR FORCE MATERIAL COM- tees and the Committee on Foreign Rela- surviving spouse who, in consultation with MAND. tions of the Senate and the Committee on the Secretary, previously elected to transfer (a) REPORT REQUIRED.—Not later than 60 payment of such annuity to a surviving child days after the date of the enactment of this Foreign Affairs of the House of Representa- or children under the provisions of section Act, the Secretary of the Air Force shall tives a plan for normalizing United States 1448(d)(2)(B) of title 10, United States Code, conduct an analysis and submit to the con- defense cooperation with the Republic of as in effect on the day before the effective gressional defense committees a report on Georgia, including the sale of defensive date provided under subsection (f). Such eli- the effects of changing flag officer positions arms. gibility shall be restored whether or not pay- within the Air Force Materiel Command (b) OBJECTIVES.—The plan required under ment to such child or children subsequently (AFMC), including consideration of the fol- subsection (a) shall address the following ob- was terminated due to loss of dependent sta- lowing issues: jectives: tus or death. For the purposes of this sub- (1) The effect on the weapons testing mis- (1) To reestablish a normal defense rela- section, an eligible spouse includes a spouse sion of AFMC. tionship with the Republic of Georgia. who was previously eligible for payment of (2) The potential for lack of oversight if (2) To support the Government of the Re- such annuity and is not remarried, or remar- flag positions are reduced or eliminated. public of Georgia in providing for the defense ried after having attained age 55, or whose (3) The reduced experience level of general of its government, people, and sovereign ter- second or subsequent marriage has been ter- officers managing challenging weapons de- ritory, consistent with the continuing com- minated by death, divorce or annulment. velopment programs under a new command mitment of the Government of the Republic (f) EFFECTIVE DATE.—The sections and the structure. of Georgia to its nonuse-of-force pledge and amendments made by this section shall take (4) The additional duties of base manage- consistent with Article 51 of the Charter of effect on the later of— ment functions impacting the test wing com- the United Nations. (1) the first day of the first month that be- mander’s ability to manage actual weapons (3) To enhance the ability of the Govern- gins after the date of the enactment of this testing under the new structure. ment of the Republic of Georgia to partici- Act; or (b) COMPTROLLER GENERAL ASSESSMENT.— pate in coalition operations and meet NATO (2) the first day of the fiscal year that be- Not later than 60 days after the submittal of partnership goals. gins in the calendar year in which this Act is the report under subsection (a), the Comp- (4) To resume the sale by the United States enacted. troller General of the United States shall of defense articles and services that may be AMENDMENT NO. 1210 submit to Congress an assessment by the necessary to enable the Government of the (Purpose: To require an assessment of the Comptroller General of the report, including Republic of Georgia to maintain a sufficient advisability of stationing additional DDG– a determination whether or not the report self-defense capability. 51 class destroyers at Naval Station complies with applicable best practices. (5) To encourage NATO member and can- didate countries to restore and increase their Mayport, Florida) AMENDMENT NO. 1255 sales of defensive articles and services to the At the end of subtitle C of title X, add the (Purpose: To require an epidemiological following: Republic of Georgia as part of broader NATO study on the health of military personnel effort to deepen its defense relationship and SEC. 1024. ASSESSMENT OF STATIONING OF ADDI- exposed to burn pit emissions at Joint TIONAL DDG–51 CLASS DESTROYERS cooperation with the Republic of Georgia. AT NAVAL STATION MAYPORT, FLOR- Base Balad) (6) To ensure maximum transparency in IDA. At the end of subtitle C of title VII, add the United States-Georgia defense relation- (a) NAVY ASSESSMENT REQUIRED.— the following: ship.

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.030 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7820 CONGRESSIONAL RECORD — SENATE November 18, 2011 (c) INCLUDED INFORMATION.—The plan re- fixed policies if the establishment of such Mr. LEVIN. Mr. President, I ask for quired under subsection (a) shall include the fixed policies is considered feasible and ad- the regular order after all of those ac- following information: visable. tions are taken. (1) A needs-based assessment, or an update (4) Any other matters relating to the poli- The PRESIDING OFFICER. The to an existing needs-based assessment, of the cies and practices of the Navy for naming defense requirements of the Republic of vessels of the Navy that the Secretary of De- amendment is now pending. Georgia, which shall be prepared by the fense considers appropriate. AMENDMENTS NOS. 1071, 1086, 1106, 1140, AND 1219 EN BLOC United States Armed Forces. AMENDMENT NO. 1286 (2) A description of each of the requests by (Purpose: To require a Department of De- Mr. LEVIN. Mr. President, I ask the Government of the Republic of Georgia fense Inspector General report on theft of unanimous consent to call up five for purchase of defense articles and services computer tapes containing protected infor- amendments en bloc which have been during the two-year period ending on the mation on covered beneficiaries under the cleared by myself and the ranking date of the report. TRICARE program) member as follows: amendment No. (3) A summary of the defense needs as- serted by the Government of the Republic of At the end of subtitle A of title VII, add 1071 on behalf of Senator MCCAIN, to re- Georgia as justification for its requests for the following: quire the Secretary of Defense to re- defensive arms purchases. SEC. 705. DEPARTMENT OF DEFENSE INSPECTOR port on all information with respect to (4) A description of the action taken on GENERAL REPORT ON THEFT OF the Evolved Expendible Launch Vehi- COMPUTER TAPES CONTAINING any defensive arms sale request by the Gov- PROTECTED INFORMATION ON COV- cle Program that would be required if ernment of the Republic of Georgia and an ERED BENEFICIARIES UNDER THE the program were designated as a explanation for such action. TRICARE PROGRAM. major defense acquisition program not (d) FORM.—The plan required under sub- The Inspector General of the Department in the sustainment phase; amendment section (a) shall be submitted in unclassified of Defense shall submit to the congressional No. 1086 on behalf of Senators ROBERTS form, but may contain a classified annex. defense committees a report on the cir- and MORAN, to authorize and request AMENDMENT NO. 1133 cumstances surrounding the theft of com- the President to award the Medal of (Purpose: To provide for employment and re- puter tapes containing personally identifi- employment rights for certain individuals able and protected health information of ap- Honor posthumously to CPT Emil ordered to full-time National Guard duty) proximately 4,900,000 covered beneficiaries Kapaun of the U.S. Army for acts of under the TRICARE program from the vehi- At the end of subtitle H of title X, add the valor during the Korean War; amend- cle of a contractor under the TRICARE pro- following: ment No. 1106 on behalf of Senator gram. The report shall include the following: MCCAIN, to require a report on the sta- SEC. lll. REEMPLOYMENT RIGHTS FOLLOWING (1) An assessment of the risk that the per- CERTAIN NATIONAL GUARD DUTY. tus of the implementation of accepted sonally identifiable and protected health in- (a) IN GENERAL.—Section 4312(c)(4) of title formation so stolen can be accessed by a recommendations in the Final Report 38, United States Code, is amended— third party. of the 2010 Army Acquisition Review (1) in subparagraph (D), by striking ‘‘or’’ at (2) Such recommendations as the Inspector Panel; amendment No. 1140 on behalf of the end; General considers appropriate to reduce the Senator CASEY, to require a report by (2) in subparagraph (E), by striking the pe- risk of similar incidents in the future. riod at the end and inserting ‘‘; or’’; and the Comptroller General on the Depart- (3) by adding at the end the following new AMENDMENT NO. 1287 ment of Defense Military Spouse Em- subparagraph: (Purpose: To provide limitations on the ployment Program; and amendment ‘‘(F) ordered to full-time National Guard retirement of C–23 aircraft) No. 1219 on behalf of myself, to provide duty under the provisions of section 502(f) of At the end of subtitle C of title I, add the authority to order military Reserves to title 32 when the period of duty is expressly following: Active Duty to provide assistance and designated in writing by the Secretary of De- SEC. 136. LIMITATION ON RETIREMENT OF C–23 response to a disaster or emergency. fense as covered by this subparagraph.’’. AIRCRAFT. Ms. AYOTTE. Mr. President, the (b) EFFECTIVE DATE.—Subparagraph (F) of (a) IN GENERAL.—Upon determining to re- amendments have been cleared on our such section 4312(c)(4), as added by sub- tire a C–23 aircraft, the Secretary of the section (a)(3), shall apply with respect to an Army shall first offer title to such aircraft side. individual ordered to full-time National to the chief executive officer of the State in The PRESIDING OFFICER. Without Guard duty under section 502(f) of title 32 of which such aircraft is based. objection, the amendments are as list- such Code, on or after September 11, 2001, (b) TRANSFER UPON ACCEPTANCE OF ed. and shall entitle such individual to rights OFFER.—If the chief executive officer of a The amendments en bloc are as fol- and benefits under chapter 43 of title 38 of State accepts title of an aircraft under sub- lows: such Code on or after that date. section (a), the Secretary shall transfer title AMENDMENT NO. 1071 of the aircraft to the State without charge AMENDMENT NO. 1134 (Purpose: To require the Secretary of De- to the State. The Secretary shall provide a (Purpose: To require a report on the policies fense to report on all information with re- reasonable amount of time for acceptance of and practices of the Navy for naming the spect to the Evolved Expendable Launch the offer. vessels of the Navy) Vehicle program that would be required if (c) USE.—Notwithstanding the transfer of At the end of subtitle C of title X, add the title to an aircraft to a State under this sec- the program were designated as a major following: tion, the aircraft may continue to be utilized defense acquisition program not in the SEC. 1024. REPORT ON POLICIES AND PRACTICES by the National Guard of the State in State sustainment phase) OF THE NAVY FOR NAMING THE VES- status using National Guard crews in that At the end of subtitle E of title VIII, add SELS OF THE NAVY. status. the following: (a) REPORT REQUIRED.—Not later than 180 AMENDMENT NO. 1290 SEC. 889. OVERSIGHT OF AND REPORTING RE- days after the date of the enactment of this QUIREMENTS WITH RESPECT TO Act, the Secretary of Defense shall submit to (Purpose: To strike the national security EVOLVED EXPENDABLE LAUNCH VE- Congress a report on the policies and prac- waiver authority in section 1032, relating HICLE PROGRAM. tices of the Navy for naming vessels of the to requirements for military custody) The Secretary of Defense shall— Navy. On page 362, strike lines 8 through 15. (1) redesignate the Evolved Expendable (b) ELEMENTS.—The report required by sub- AMENDMENT NO. 1291 Launch Vehicle program as a major defense section (a) shall set forth the following: (Purpose: To strike the national security acquisition program not in the sustainment (1) A description of the current policies and waiver authority in section 1033, relating phase under section 2430 of title 10, United practices of the Navy for naming vessels of to requirements for certifications relating States Code; or the Navy. to the transfer of detainees at United (2) require the Evolved Expendable Launch (2) A description of the extent to which the States Naval Station, Guantanamo Bay, Vehicle program— policies and practices described under para- Cuba, to foreign countries and entities) (A) to provide to the congressional defense graph (1) vary from historical policies and committees all information with respect to practices of the Navy for naming vessels of On page 365, line 9, strike ‘‘and subsection the cost, schedule, and performance of the the Navy, and an explanation for such (d)’’. program that would be required to be pro- On page 367, line 14, strike ‘‘and subsection variances (if any). vided under sections 2431 (relating to weap- (d)’’. (3) An assessment of the feasibility and ad- ons development and procurement sched- On page 368, strike line 13 and all that fol- visability of establishing fixed policies for ules), 2432 (relating to Select Acquisition Re- lows through page 370, line 13. the naming of one or more classes of vessels ports, including updated program life-cycle of the Navy, and a statement of the policies Ms. AYOTTE. I yield the floor. cost estimates), and 2433 (relating to unit recommended to apply to each class of ves- The PRESIDING OFFICER. The Sen- cost reports) of title 10, United States Code, sels recommended to be covered by such ator from Michigan. with respect to the program if the program

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.035 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7821 were designated as a major defense acquisi- (2) All current Department programs to ‘‘§ 12304b. Army Reserve, Navy Reserve, Ma- tion program not in the sustainment phase; support military spouses or dependents for rine Corps Reserve, and Air Force Reserve: and the purposes of employment assistance. order to active duty to provide assistance (B) to provide to the Under Secretary of (3) The types of military spouse employ- in response to a major disaster or emer- Defense for Acquisition, Technology, and Lo- ment programs that have been considered or gency gistics— used in the past by the Department. ‘‘(a) AUTHORITY.—When a Governor re- (i) a quarterly cost and status report, com- (4) The ways in which military spouse em- quests Federal assistance in responding to a monly known as a Defense Acquisition Exec- ployment programs have changed in recent major disaster or emergency (as those terms utive Summary, which serves as an early- years. are defined in section 102 of the Robert T. warning of actual and potential problems (5) The benefits or programs that are spe- Stafford Disaster Relief and Emergency As- with a program and provides for possible cifically available to provide employment assistance Act (42 U.S.C. 5122)), the Secretary mitigation plans; and sistance to spouses of members of the Armed of Defense may, without the consent of the (ii) earned value management data that Forces serving in Operation Iraqi Freedom, member affected, order any unit, and any contains measurements of contractor tech- Operation Enduring Freedom, or Operation member not assigned to a unit organized to nical, schedule, and cost performance. New Dawn, or any other contingency oper- serve as a unit, of the Army Reserve, Navy AMENDMENT NO. 1086 ation being conducted by the Armed Forces Reserve, Marine Corps Reserve, and Air (Purpose: To authorize and request the as of the date of such review. Force Reserve to active duty for a contin- President to award the medal of Honor (6) Existing mechanisms available to mili- uous period of not more than 120 days to re- posthumously to Captain Emil Kapaun of tary spouses to express their views on the ef- spond to the Governor’s request. the United States Army for acts of valor fectiveness and future direction of Depart- ‘‘(b) EXCLUSION FROM STRENGTH LIMITA- during the Korean War) ment programs and policies on employment TIONS.—Members ordered to active duty assistance for military spouses. At the end of subtitle I of title V, add the under this section shall not be counted in (7) The oversight provided by the Office of following: computing authorized strength of members Personnel and Management regarding pref- on active duty or members in grade under SEC. lll. AUTHORIZATION AND REQUEST FOR erences for military spouses in Federal em- AWARD OF MEDAL OF HONOR TO this title or any other law. EMIL KAPAUN FOR ACTS OF VALOR ployment. ‘‘(c) TERMINATION OF DUTY.—Whenever any unit or member of the reserve components is DURING THE KOREAN WAR. (c) COMPTROLLER GENERAL REPORT.—Not ordered to active duty under this section, (a) AUTHORIZATION.—Notwithstanding the later than 180 days after the date of the en- the service of all units or members so or- time limitations specified in section 3744 of actment of this Act, the Comptroller General dered to active duty may be terminated by title 10, United States Code, or any other shall submit to the congressional defense time limitation with respect to the awarding order of the Secretary of Defense or law.’’. committees a report on the review carried of certain medals to persons who served in (2) CLERICAL AMENDMENT.—The table of out under subsection (a). The report shall set the Armed Forces, the President is author- sections at the beginning of such chapter, as forth the following: ized and requested to award the Medal of amended by section 511(a)(2), is further (1) The results of the review concerned. Honor posthumously under section 3741 of amended by inserting after the item relating (2) Such clear and concrete metrics as the such title to Emil Kapaun for the acts of to section 12304a the following new item: Comptroller General considers appropriate valor during the Korean War described in ‘‘12304b. Army Reserve, Navy Reserve, Ma- for the current and future evaluation and as- subsection (b). rine Corps Reserve, Air Force sessment of the efficacy and effectiveness of (b) ACTS OF VALOR DESCRIBED.—The acts of Reserve: order to active duty to valor referred to in subsection (a) are the ac- Department of Defense military spouse em- provide assistance in response tions of then Captain Emil Kapaun as a ployment programs. to a major disaster or emer- member of the 8th Cavalry Regiment during (3) A description of the assumptions uti- gency.’’. lized in the review, and an assessment of the the Battle of Unsan on November 1 and 2, (b) TREATMENT OF OPERATIONS AS CONTIN- 1950, and while a prisoner of war until his validity and completeness of such assumptions. GENCY OPERATIONS.—Section 101(a)(13)(B) of death on May 23, 1951, during the Korean such title is amended by inserting ‘‘12304b,’’ War. (4) Such recommendations as the Comp- troller General considers appropriate for im- after ‘‘12304,’’. AMENDMENT NO. 1106 (c) USUAL AND CUSTOMARY ARRANGEMENT.— proving Department of Defense military (1) DUAL-STATUS COMMANDER.—When the (Purpose: To require a report on the status of spouse employment programs. the implementation of accepted rec- Armed Forces and the National Guard are ommendations in the Final Report of the (d) DEPARTMENT OF DEFENSE REPORT.—Not employed simultaneously in support of civil 2010 Army Acquisition Review panel) later than 180 days after the date of the en- authorities in the United States, appoint- At the end of subtitle G of title X, add the actment of this Act, the Secretary of De- ment of a commissioned officer as a dual-sta- following: fense shall submit to the congressional de- tus commander serving on active duty and duty in, or with, the National Guard of a SEC. 1080. REPORT ON STATUS OF IMPLEMENTA- fense committees a report setting forth the TION OF ACCEPTED RECOMMENDA- number (or a reasonable estimate if a precise State under sections 315 or 325 of title 32, TIONS IN THE FINAL REPORT OF number is not available) of military spouses United States Code, as commander of Fed- THE 2010 ARMY ACQUISITION RE- who have obtained employment following eral forces by Federal authorities and as VIEW PANEL. participation in Department of Defense mili- commander of State National Guard forces Not later than 1 October 2012, the Sec- tary spouse employment programs. The re- by State authorities, should be the usual and retary of the Army shall submit to the con- port shall set forth such number (or esti- customary command and control arrange- gressional defense committees a report de- mate) for the Department of Defense mili- ment, including for missions involving a scribing the plan and implementation status major disaster or emergency as those terms tary spouse employment programs as a of the recommendations contained in the are defined in section 102 of the Robert T. whole and for each such military spouse em- Final Report of the 2010 Army Acquisition Stafford Disaster Relief and Emergency As- Review panel (also known as the ‘‘Decker- ployment program. sistance Act (42 U.S.C. 5122). The chain of Wagner Report’’) that the Army agreed to AMENDMENT NO. 1219 command for the Armed Forces shall remain implement. in accordance with sections 162(b) and 164(c) AMENDMENT NO. 1140 (Purpose: To provide authority to order of title 10, United States Code. (Purpose: To require a report on the Comp- Army Reserve, Navy Reserve, Marine (2) STATE AUTHORITIES SUPPORTED.—When a troller General on Department of Defense Corps Reserve, and Air Force Reserve to major disaster or emergency occurs in any military spouse employment programs) active duty to provide assistance in re- area subject to the laws of any State, Terri- sponse to a major disaster or emergencies) At the end of subtitle H of title V, add the tory, or the District of Columbia, the Gov- ernor of the State affected normally should following: At the end of subtitle B of title V, add the be the principal civil authority supported by SEC. 577. COMPTROLLER GENERAL OF THE following: UNITED STATES REPORT ON DE- the primary Federal agency and its sup- PARTMENT OF DEFENSE MILITARY SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, porting Federal entities, and the Adjutant SPOUSE EMPLOYMENT PROGRAMS. NAVY RESERVE, MARINE CORPS RE- General of the State or his or her subordi- (a) IN GENERAL.—The Comptroller General SERVE, AND AIR FORCE RESERVE TO nate designee normally should be the prin- of the United States shall carry out a review ACTIVE DUTY TO PROVIDE ASSIST- cipal military authority supported by the of all current Department of Defense mili- ANCE IN RESPONSE TO A MAJOR dual-status commander when acting in his or DISASTER OR EMERGENCY. tary spouse employment programs. her State capacity. (b) ELEMENTS.—The review required by (a) AUTHORITY.— (3) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall, address, at a minimum, (1) IN GENERAL.—Chapter 1209 of title 10, paragraphs (1) or (2) shall be construed to the following: United States Code, as amended by section preclude or limit, in any way, the authori- (1) The efficacy and effectiveness of De- 511(a)(1), is further amended by inserting ties of the President, the Secretary of De- partment of Defense military spouse employ- after section 12304a the following new sec- fense, or the Governor of any State to direct, ment programs. tion: control, and prescribe command and control

VerDate Mar 15 2010 04:56 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.056 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7822 CONGRESSIONAL RECORD — SENATE November 18, 2011 arrangements for forces under their com- turn and that we can expect that if it ployed in support of Iraq or Afghani- mand. gets a nuclear weapon that it will use stan. Mr. LEVIN. Mr. President, I ask that weapon. Surviving spouses of a military mem- unanimous consent that the Senate This amendment will impose sanc- ber eligible for retired pay or of a consider the amendments en bloc, the tions on any foreign financial institu- member killed in the line of duty re- amendments be agreed to, and the motions that engage in significant trans- tain no space-available travel privi- tions to reconsider be laid upon the actions with the Central Bank of Iran, leges at all after the death of their table. with the exception of transactions in spouse. Yet they have made a lifetime The PRESIDING OFFICER. Without food, medicine, and medical devices. It commitment to the military or, in objection, it is so ordered. sends the message that you have a many cases, lost their loved one in The amendments (Nos. 1071, 1086, choice—to do business with the United war—the ultimate sacrifice. 1106, 1140, and 1219) were agreed to. States or to do business with Iran. We must continue to provide support Mr. MENENDEZ. Mr. President, one Iran has a history of exporting ter- to our surviving spouses and recognize of the greatest—if not the greatest rorism—against coalition forces in their commitment to our military. As threats to the security of our Nation Iraq, in Argentina, Lebanon, and even many of our Nation’s most senior lead- and our ally Israel—is the concerted ef- in Washington; and while Iran’s drive ers have said, families are the back- fort by the Government of Iran to ac- to advance its nuclear weapons pro- bone of the military. We must continue quire the technology and materials to gram has been slowed by U.S. and to recognize the National Guard and create a nuclear weapon that will alter international sanctions, it remains Reserve who are such a vital part of the balance of power in the Middle undeterred. Today, we take the next our Nation’s defense and homeland se- East, and which would most certainly step to isolate Iran politically and fi- curity. lead to hostilities. To forestall or nancially. In this time of fiscal constraint, this ideally prevent this scenario, we must I also look forward to continuing to amendment gives us the opportunity to use ALL of the tools of peaceful diplo- work with the administration and with support our National Guard, Reserves, macy available to us. my colleagues on both sides of the aisle and surviving spouses without a cost to Simply put, we must do everything to achieve our shared goals and to taxpayers. The amendment is budget in our power to prevent Iran from ob- make this a bipartisan initiative. neutral. taining a nuclear weapon. I am pleased Our efforts to date have been trans- The amendment is supported by the to offer an amendment that will limit formative, but Iran has adapted to the National Guard Association of the Iran’s ability to finance its nuclear am- sanctions, unanticipated loopholes United States, Air Force Sergeants As- bitions by sanctioning the Central have allowed the regime to adjust and sociation, and the Gold Star Wives. Bank of Iran, which is complicit in circumvent the sanctions and drive for- Mr. President, I urge my colleagues Iran’s efforts. ward its effort to achieve a robust nu- to join me in providing better bene- This amendment will require the clear program. fits—at no cost—to surviving spouses President to make a determination We have to be just as prepared to ad- and Reserve component members. about whether the Central Bank of just and adapt by closing each loophole AMENDMENT NO. 1149 Iran’s conduct threatens the national that arises. By identifying the Central Mr. BEGICH. Mr. President, today I security of the United States or its al- Bank of Iran as the Iranian regime’s am pleased to speak about my amend- lies based on its facilitation of the ac- partner and financier of its terrorist ment No. 1149. I would like to thank tivities of the Government of Iran that agenda we can begin to starve the re- my cosponsor, Senator MURKOWSKI, for threaten global or regional peace and gime of the money it needs to achieve her work on this amendment. security, its evasion of multilateral its nuclear goals. This amendment is very simple. It sanctions directed against the Govern- AMENDMENT NO. 1114 authorizes the Air Force to enter into ment of Iran; its engagement in decep- Mr. BEGICH. Mr. President, I am a land exchange and conveyance in tive financial practices and illicit pleased to speak on amendment No. Alaska. transactions, and most importantly its 1114 to S.1867, the National Defense Au- The exchange will resolve land-use provision of financial services in sup- thorization Act for Fiscal Year 2012. conflicts between the municipality of port of Iran’s effort to acquire the The amendment is cosponsored by Sen- Anchorage, Joint Base Elmendorf- knowledge, materials, and facilities to ators SNOWE, CASEY, LEAHY, GRAHAM, Richardson, and Eklutna, an Alaska enrich uranium and to ultimately de- MURKOWSKI, AKAKA, PRYOR, BROWN of Native village. velop weapons of mass destruction. Massachusetts, TESTER, and MANCHIN. By working out this agreement, we Last week we learned just how far This amendment can be explained are ensuring the airmen and soldiers at down the nuclear road Iran has come. very simply. It expands the ability of the joint base have more land available The International Atomic Energy Reserve component members and sur- to continue the vital training they Agency’s report indicates that Iran viving spouses to travel on military need to defend our Nation. continues to enrich uranium and is aircraft when space is available. All Federal agencies involved support seeking to develop as many as 10 new Members of the National Guard and this land exchange and conveyance. enrichment facilities; has conducted Reserve and surviving military spouses This includes the Air Force and Bureau high explosives testing and detonator make great sacrifices for our Nation. of Land Management. development to set off a nuclear However, too often these individuals do I appreciate my colleagues’ consider- charge, as well as computer modeling not receive the benefits they have ation of this amendment and urge their of a core of a nuclear warhead; and has earned for their service. For example, support. engaged in preparatory work for a nu- Reserve component members’ and re- Mr. LIEBERMAN. Mr. President, I clear weapons test. We also learned tirees’ space-available travel privileges rise today, with my colleagues, Sen- that an August IAEA inspection re- are limited within the United States ator COLLINS, Senator AKAKA, and Sen- vealed that 43.5 pounds of a compo- and their family cannot travel with ator LUGAR, to support an amendment nent—used to arm nuclear warheads— them. to improve the efficiency and effective- was unaccounted for in Iran and that As we all know, the National Guard ness of our government by fostering Iran is working on an indigenous de- and Reserve contributions to our Na- greater integration among the per- sign for a nuclear payload small tion’s defense since 9/11 are invaluable. sonnel who work on critical national enough to fit on Iran’s long-range There is no reason why their ability to security and homeland security mis- Shahab-3 missile, a missile capable to travel on a military aircraft when sions. reaching Israel. space is available should be limited or The national security and homeland These revelations—combined with restricted just because they are in the security challenges that our Nation Iran’s provocative effort in October to Guard or Reserve. They have fought in faces in the 21st century are far more assassinate the Saudi Ambassador to Iraq and Afghanistan. They have lost complex than those of the last century. the United States—demonstrate that comrades. Virtually every member of Threats such as terrorism, prolifera- Iran’s aggression has taken a violent the National Guard in Alaska has de- tion of nuclear and biological weapons,

VerDate Mar 15 2010 05:05 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.056 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7823 insurgencies, and failed states are be- and Jim Talent, called for improving administration and has languished as yond the capability of any single agen- interagency coordination in our Na- the Obama administration pursued cy of our government—such as the De- tion’s defenses against bioterrorism other priorities. partment of Defense, DOD; the Depart- and other weapons of mass destruction. Clearly, it is time for Congress to act ment of State; or the intelligence com- Congress has long recognized that a and to institute the personnel incen- munity—to counter on its own. key way to better integrate our gov- tives and reforms necessary to further In addition, threats such as terrorism ernment’s capabilities is to provide integrate our government and enable it and organized crime know no borders strong incentives for personnel to do to counter the national security and and instead cross the so-called foreign/ rotational assignments across bureau- homeland security threats of the 21st domestic divide—the bureaucratic, cul- cratic stovepipes. The personnel who century. tural, and legal division between agen- serve in our government are our Na- In June of this year, I joined with cies that focus on threats from beyond tion’s best and brightest, and they have Senator SUSAN M. COLLINS and Senator our borders and those that focus on and will respond to incentives that we DANIEL K. AKAKA to introduce the bi- threats from within. institute in order to improve coordina- partisan Interagency Personnel Rota- Finally, a new group of government tion across our government. tion Act of 2011, S. 1268. Companion agencies is now involved in national In 1986, Congress enacted the Gold- legislation was introduced in the House and homeland security. These agencies water-Nichols Department of Defense of Representatives on a bipartisan bring to bear critical capabilities— Reorganization Act. That legislation basis by Representative GEOFF DAVIS such as interdicting terrorist finance, sought to break down stovepipes and and Representative JOHN F. TIERNEY. enforcing sanctions, protecting our foster jointness across the military The legislation was marked up by the critical infrastructure, and helping for- services by requiring that military of- Committee on Homeland Security and eign countries threatened by terrorism ficers have served in a position outside Governmental Affairs on October 19, to build their economies and legal sys- of their service as a requirement for 2011. I am pleased that Senator RICH- tems—but many of them have rel- promotion to general or admiral. ARD LUGAR, ranking member of the atively little experience of involve- Twenty-five years later, this require- Committee on Foreign Relations, has ment with the traditional national se- ment has produced a sea change in joined as a cosponsor of that bill. Sen- curity agencies. Some of these agencies military officers’ mindsets and created ator COLLINS, Senator AKAKA, Senator have existed for decades or centuries— a dominant military culture of LUGAR, and I are pleased to offer the such as the Departments of Treasury; jointness. Interagency Personnel Rotation Act, Justice; and Health and Human Serv- In 2004, Congress enacted the Intel- with minor modifications from the marked-up version, as an amendment ices, HHS—while others are new since ligence Reform and Terrorism Preven- to the National Defense Authorization 9/11, such as the Department of Home- tion Act at the 9/11 Commission’s recommendation and required a similar Act for Fiscal Year 2012. land Security, DHS. The purpose of this amendment is to As a result, our government needs to rotational requirement for intelligence enable executive branch personnel to be able to apply all instruments of na- personnel. The Director of National In- view national security and homeland tional power—including military, dip- telligence has since instituted rota- security issues from a whole-of-govern- lomatic, law enforcement, foreign aid, tions across the intelligence commu- ment perspective and be able to cap- homeland security, and public health— nity as an eligibility requirement for italize upon communities of interest in a whole-of-government approach to promotion to senior intelligence posi- composed of personnel from multiple tions, and this requirement is helping counter these threats. We only need to agencies who work on the same na- to integrate the 16 agencies and ele- look at our government’s failure to use tional security or homeland security ments of the intelligence community. the full range of civilian and military issue. capabilities to stymie the Iraqi insur- Finally, in 2005, Congress enacted the This amendment requires that the gency immediately after the fall of Post-Katrina Emergency Management executive branch identify ‘‘Interagency Saddam Hussein’s regime in 2003, the Reform Act to improve our Nation’s Communities of Interest’’—which are government’s failure to prepare and re- preparedness for and responses to do- subject areas spanning multiple agen- spond to Hurricane Katrina in 2005, and mestic catastrophes and instituted a cies and within which the executive the government’s failure to share infor- rotational program within the Depart- branch needs to operate on a more in- mation and coordinate action prior to ment of Homeland Security in order to tegrated basis. Interagency commu- the attack at Fort Hood, TX, in 2009, integrate that Department. nities of interest could include coun- for examples of failure of interagency This proven mechanism of rotations terinsurgency, counterterrorism, coordination and their costs in terms must be applied to integrate the gov- counter proliferation, or regional areas of lives, money, and the national inter- ernment as a whole on national secu- such as the Middle East. est. rity and homeland security issues. In- This amendment then requires that The challenge of integrating the deed, the Hart/Rudman Commission agencies identify positions that are agencies of the executive branch into a called for rotations to other agencies within each interagency community of whole-of-government approach has and interagency professional education interest. Government personnel would been recognized by congressionally to be required in order for personnel to then rotate to positions within other chartered commissions for more than a hold certain positions or be promoted agencies but within the particular decade. Prior to 9/11, the commission to certain levels. And the Graham/Tal- interagency community of interest re- led by former Senators Gary Hart and ent Commission called for the govern- lated to their expertise. Warren Rudman, entitled the U.S. ment to recruit the next generation of Government personnel could also ro- Commission on National Security in national security experts by estab- tate to positions at offices that have the 21st Century, issued reports recom- lishing a program of joint duty, edu- specific interagency missions such as mending fundamental reorganization cation, and training in order to create the national security staff. Completing to integrate government capabilities, a culture of interagency collaboration, an interagency rotation would be a pre- including for homeland security. flexibility, and innovation. requisite for selection to certain Sen- In 2004, the 9/11 Commission, led by The executive branch has also recog- ior Executive Service positions within former Governor Tom Kean and former nized the need to foster greater inter- that interagency community of inter- Representative Lee Hamilton, found agency rotations and experience in est. As a result, personnel would have that the U.S. Government needed re- order to improve integration across its the incentives to serve in a rotational form in order to foster a stronger, fast- agencies. In 2007, President George W. position and to develop the whole-of- er, and more efficient governmentwide Bush issued Executive Order 13434 con- government perspective and the net- effort against terrorism. cerning national security professional work of contacts necessary for inte- And in 2008, the Commission on the development and to include inter- grating across agencies and accom- Prevention of Weapons of Mass De- agency assignments. However, that Ex- plishing national security and home- struction Proliferation and Terrorism, ecutive order was not implemented ag- land security missions more efficiently led by former Senators Bob Graham gressively toward the end of the Bush and effectively.

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.006 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7824 CONGRESSIONAL RECORD — SENATE November 18, 2011 Let me offer some examples of how tween the number of personnel rotat- I have introduced this legislation in this might work. ing out of an agency and the number the previous three Congresses and be- An employee of the U.S. Agency for rotating in. That way, no agency will lieve that the time is ripe for Moldova International Development, USAID, be short staffed as a result of having to finally be granted permanent nor- who specializes in development strat- sent its best and brightest to do rota- mal trade relations. Moldova has been egy could rotate to a DOD counterin- tions; each agency will be receiving the in the WTO since 2001 but still remains surgency office to advise DOD in plan- best and brightest from other agencies. subject to Jackson-Vanik, despite cur- ning on how development issues should Second, this amendment relies on the rently being in full compliance with be taken into account in military oper- office that is currently implementing Jackson-Vanik-related concerns. Until ations, while a DOD counterinsurgency the executive branch’s national secu- the United States terminates applica- specialist could rotate to USAID to ad- rity professional development program tion of Jackson-Vanik on Moldova, the vise on how development priorities to implement this framework insti- U.S. will not benefit from Moldova’s should be assessed in a counterinsur- tuted by this amendment. This office is market access commitments nor can it gency. currently housed at DOD, and the leg- resort to WTO dispute resolution mech- A Treasury employee who does ter- islation would move the office and its anisms. While all other WTO members rorist finance work could benefit from three employees to the Office of Man- currently enjoy these benefits, the a rotation to Department of Justice to agement and Budget and the Office of United States does not. understand operations to take down Personnel Management, which have The Republic of Moldova has been terrorist cells and how terrorist fi- oversight responsibility for this frame- evaluated every year and granted nor- nance work can help identify and pros- work. Thus, no new staff would be re- mal trade relations with the United ecute their members, while a Justice quired to administer the framework set States through annual presidential employee would have the chance to forth in the amendment. waivers from the effects of Jackson- learn from the Treasury’s financial ex- Third, this amendment has a 5-year Vanik. The Moldovan constitution pertise in understanding how sources of implementation period which requires guarantees its citizens the right to funding can affect cells’ formation and the executive branch to create two emigrate and this right is respected in plotting. interagency communities of interest— practice. Most emigration restrictions An HHS employee who specializes in for emergency management, and sta- were eliminated in 1991 and virtually public health could rotate to a DOD bilization and reconstruction—to reno problems with emigration have been counterinsurgency office to advise on strict the number of personnel doing reported since independence. More spe- improving public health in order to win rotations to 20 to 25 per year per each cifically, Moldova does not impose emi- over the hearts and minds of the popu- of these two interagency communities gration restrictions on members of the lation to counter insurgency, while a of interest, and to restrict the rota- Jewish community. Synagogues func- DHS employee could rotate to HHS in tions to within a metropolitan area in tion openly and without harassment. order to learn about HHS’s work to order to avoid any relocation costs. As a result, several past administra- prepare the U.S. public health system Fourth, this amendment requires tions, including this one, have found for a biological terrorist attack. that personnel doing a rotation receive that Moldova is in full compliance with The cosponsors of this amendment the same training by the receiving Jackson-Vanik’s provisions. and I recognize the complexity in- agency that the receiving agency The United States and Moldova have volved in the creation of interagency would provide to its own new employ- established a strong record of achieve- communities of interest, the institu- ees, rather than more elaborate train- ment in security and non-proliferation tion of rotations across a wide variety ing that would incur costs. cooperation. We have encouraged of government agencies, and having a And fifth, this amendment requires Moldova’s ambition of European inte- rotation as a prerequisite for selection that any reports produced pursuant to gration, particularly in light of the to certain Senior Executive Service po- the amendment be submitted on line new coalition that was swept to power sitions. As a result, our legislation rather than published in hard copy. in 2009, the Alliance for European Inte- gives the executive branch substantial Let me close by answering a common gration. flexibility—including to identify inter- objection to government reorganiza- One of the areas where we can deepen agency communities of interest; to tion. To quote the 9/11 Commission: U.S.-Moldovan relations is bilateral identify which positions in each agency An argument against change is that the trade. In light of its adherence to free- are within a particular interagency nation is at war, and cannot afford to reorga- dom of emigration requirements, com- community of interest; to identify nize in midstream. But some of the main in- pliance with threat reduction and co- which positions in an interagency com- novations of the 1940s and 1950s, including operation in the global war on ter- munity of interest should be open for the creation of the Joint Chiefs of Staff and rorism, the products of Moldova should rotation and how long the rotations even the construction of the Pentagon itself, not be subject to the sanctions of Jack- will be; and, finally, which Senior Ex- were undertaken in the midst of war. Surely son-Vanik. ecutive Service positions have inter- the country cannot wait until the struggle against Islamic terrorism is over. The continued support and encour- agency rotational service as a pre- agement of the United States and the requisite. I urge my colleagues to take bold ac- international community will be key To be clear, this legislation does not tion to improve the efficiency and ef- to encouraging the Government of mandate that any agency be included fectiveness of our government in coun- Moldova to follow through on impor- in an interagency community of inter- tering 21st century national security tant reforms. The permanent waiver of est or the interagency personnel rota- and homeland security threats by Jackson-Vanik and establishment of tions; instead, this legislation permits promptly adopting this amendment to permanent normal trade relations will the executive branch to include any the National Defense Authorization be the foundation on which further agency or part of an agency as the ex- Act for Fiscal Year 2012. progress in a burgeoning economic, ecutive branch determines that our Na- f trade, and security partnership can be tion’s national and homeland security REPEAL OF JACKSON-VANIK made. missions require. I am hopeful that my colleagues will Finally, I wish to stress that this TRADE RESTRICTIONS ON MOLDOVA join me in supporting this important amendment is designed to be imple- amendment. mented with no cost to the executive Mr. LUGAR. Mr. President, I rise in f branch. support of an amendment to the Na- First, this amendment is designed to tional Defense Authorization Act, FDIC be implemented without requiring any which would repeal the Cold War-era Mr. CHAMBLISS. Mr. President, I additional personnel for the executive Jackson-Vanik trade restrictions on rise today to bring to the Senate an branch. The amendment envisions that Moldovan products and thereby provide issue of critical importance. rotations will be conducted so that impetus for closer U.S. strategic en- Last night, the Senate was able to there is a reasonable equivalence be- gagement between our two nations. pass by unanimous consent legislation

VerDate Mar 15 2010 05:05 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.006 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7825 that will provide much needed trans- ness, with Senators permitted to speak trition standards in school lunches and parency to the Federal Deposit Insur- for up to 10 minutes each. breakfasts. Flaming hot cheetos are ance Corporation process of examining The PRESIDING OFFICER. Without still popular but no longer ubiquitous. and resolving bank failures. objection, it is so ordered. The school district has exceeded the Not only is this an issue that has se- f U.S. Department of Agriculture’s verely impacted the wellbeing of my Healthier U.S. School Challenge Gold HEALTHY SCHOOL LUNCHES state of Georgia, but this Nation is suf- Standards and is offering more fruits fering as a whole. Mr. DURBIN. Mr. President, over the and vegetables, and serving more whole There are some communities across years, I have visited dozens of schools grains. CPS now has one of the health- the country that are no longer have a in Illinois, and I have learned more iest nutrition standards in the Nation. bank to serve them and will continue about the childhood obesity problem in There is certainly more work to be to suffer on their economic develop- this country by stepping into the lunch done, but the school district has shown ment efforts because the sole bank in room than I have just about anywhere how to implement healthier meals on a their community has failed. else. Particularly in disadvantaged limited budget and should be hailed as Since 2008 there has been over 400 neighborhoods, school staff tell me a national leader for affordably deliv- bank failures nationwide. Seventy of that while students might pick up a ering healthy food to children. those failures have occurred in Geor- piece of fruit or a serving of vegetables, I am deeply disappointed that the gia. This year alone 18 banks in Geor- the first food choice for the majority of conferees have decided to resist imple- gia have failed. students is a large soda and a bag of menting better nutrition standards in While that represents over 27 percent flaming hot cheetos. But for the young our schools, rather than fighting to re- of all the banks in my State, this is not people we are asking to perform at ever duce childhood obesity among our chil- just a Georgia issue. increasing academic levels, we should dren. I am disappointed that the voice There are nine other States that be able to provide better options for of powerful interest groups drowned have extraordinarily high rates of fail- their meals. out basic nutritional science and col- ures including: Florida, Illinois, Cali- Last year, Congress took a big step laborating on strategies to improve fornia, Minnesota, Washington, Michi- including provisions to improve school children’s options at lunch time. lunches in the reauthorization of the gan, Nevada, Missouri, and Arizona. f Unfortunately, there will continue to Child Nutrition Act. The U.S. Depart- be bank failures in this country and ment of Agriculture deserves credit for TRIBUTE TO MS. RUTH SMITH this bill will provide the Congress with taking the first significant steps in 15 Mr. MCCONNELL. Mr. President, I information about the underlying fun- years to make school lunches stand today to congratulate an ex- damentals that cause these failures. healthier. These proposed changes traordinary Kentucky woman and a The bill directs the FDIC IG, in con- would provide children with a balanced dear friend of mine, Ms. Ruth Smith. sultation with Treasury and Federal diet that includes more green leafy Ruth was recently one of nine to re- Reserve IGs to study FDIC policies and vegetables, limiting starchy vegeta- ceive this year’s distinguished UK practices with regard to Loss Share bles—like french fries—to two servings Sanders-Brown Center on Aging Foun- Agreements; the fair application of a week, limiting sodium, and boosting dation’s Senior Star Award, an award regulatory capital standards; apprais- whole grains. USDA also proposed that given each year to those who exemplify als; FDIC procedures for loan modifica- tomato paste could only be counted as graceful aging by remaining engaged in tions; and the FDIC’s handling of Con- a vegetable if a half cup of tomato an active lifestyle. Ruth, now 86, was sent Orders and Cease and Desist Or- paste is used. Today, only two table- recognized for her great character and ders. spoons of tomato paste is considered a outstanding service to her community Further, the GAO will be directed to serving of a vegetable which means during this year’s Senior Star Award a study those questions the FDIC IG is schools can serve pizza to fulfill a vege- luncheon, which took place on October unable to fully explore such as the table requirement and receive Federal 13, 2011, in Lexington, KY. causes of the high number of bank fail- subsidies for doing so. Ruth, a longtime resident of Wayne ures; procyclical impact of fair value I was dismayed to learn that the con- County, KY, is an active member of the accounting; analysis of the impact of ferees for the Fiscal Year 2012 Agri- Lake Cumberland Area Development failures on the community; and, the culture Appropriations legislation have District, a quasi-governmental agency overall effectiveness of loss share decided to slow or even stop some of comprised of local city and county gov- agreements for resolving banks. the new proposed nutrition standards ernments, and special districts in The swift passage of this legislation for school meals. The USDA’s proposal south-central Kentucky to improve life by the House of Representatives in is science-based and informed by 2009 for the region’s citizens. Ruth has July was a rare instance of bipartisan recommendations from the Institute of served as a member of the LCADD’s support and a sincere acknowledge- Medicine to reduce childhood obesity board of directors since 1993 and has ment to the American people that bank and future health care costs. Rather served as a member of the executive failures on the whole need to be care- than uphold these sound recommenda- committee since 2003. In 2008, Ruth was fully considered by the Congress. tions to promote children’s nutrition, named LCADD Citizen Board Member The FDIC does a commendable job of the conferees report will roll back of the Year for her exceptional work. ensuring that depositors at banks they these standards and continue the sta- Currently, the LCADD serves the regulate are going to be able to access tus quo. counties of Adair, Casey, Clinton, Cum- their money in the event of a bank fail- But maintaining the status quo berland, Green, McCreary, Pulaski, ure. comes at a heavy cost. Federal sub- Russell, Taylor and Wayne by pro- I want the FDIC to know that their sidies will support a school lunch menu viding a regional forum to local gov- good work does not go unnoticed by that is heavy on french fries and pizza, ernments to help identify issues and this body, however it is clear that Con- ignoring nutrition science and common opportunities and then provide leader- gress needs more information about sense while contributing to our coun- ship in planning and implementing pro- the underlying causes of these bank try’s childhood obesity epidemic. These grams that will help improve the qual- failures and it is imperative that the policy riders will maintain the current ity of life of the region’s citizens. US Congress send a clear message that standards. Over the years, Ruth’s strength of ‘‘if there is a better way, then we must Across the country school districts character, adventurous spirit, and care pursue it.’’ are showing that with creativity and for her fellow man have been a con- f determination it is possible to improve stant echo throughout the many suc- school meals on a limited budget. Two cesses she has enjoyed in her life. Dur- MORNING BUSINESS years ago Chicago Public Schools made ing World War II, Ruth traveled from Mr. LEVIN. Mr. President, I ask a commitment to try to wean kids off her home in Pennsylvania to California unanimous consent that the Senate the junk food they have grown accus- to work in a factory—her personal con- proceed to a period of morning busi- tomed to and has moved to improve nu- tribution to the war effort. Some years

VerDate Mar 15 2010 05:05 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.056 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7826 CONGRESSIONAL RECORD — SENATE November 18, 2011 later, after marrying her husband Ran- tion’s Senior Star Award. She is most ghanistan, Pakistan, and the Demo- dolph and relocating to Kentucky, deserving of this honor, and I commend cratic Republic of the Congo. I know I Ruth immediately immersed herself in her for all that she has done for our speak for the subcommittee staff in the local community. She spent her great Commonwealth. saying that Michele will be missed not time working side by side with her hus- f only for her good work and profes- band helping to run both a dry goods sionalism, but also for her good humor H.R. 2112 CONFERENCE REPORT store and a small-town retail store to and compassion. support their young family while si- Mr. MCCAIN. Mr. President, yester- I ask that the Senate join me in rec- multaneously volunteering and sup- day, the Senate voted on the con- ognizing Michele’s outstanding service porting many community organiza- ference report to H.R. 2112. Unfortu- and wishing her family a safe journey tions. She has been chosen for many nately, I was not able to cast my vote and an exciting new chapter in their leadership roles, including president of in support of the conference report be- lives. the local chamber of commerce and cause it increased spending. By in- f delegate to the Republican National creasing spending, Congress is ignoring 50TH ANNIVERSARY OF CENTER Convention. the fact that our country is facing a $15 About 15 years ago, Ruth was wid- trillion debt and $1.3 trillion budget OF LATIN AMERICAN STUDIES owed when Randolph passed unexpect- deficit. By Congress refusing to cut Mr. MORAN. Mr. President, today I edly. Ruth was burdened with the task Federal spending, we are telling the am proud to honor the 50th anniversary of liquidating the family business and American public that we are not seri- of the Center of Latin American Stud- finding a job. Not long after, Ruth ous about restoring fiscal responsi- ies at the University of Kansas. The began a new career which lasted for bility in government and will continue Center was founded in 1961 to equip KU over 17 years when the Lake Cum- with business as usual. students to face the political, eco- berland District Health Department In addition, the bill contains lan- nomic, sociological and geographical hired Ruth to work with teen mothers guage that would increase the FHA realities of our world and, 50 years through the Clinton, McCreary and loan limits from $625,500 to $729,750, later, that vision continues. KU’s Cumberland County Health Depart- further putting the American taxpayer strong ties to the University of Costa ments in the HANDS Program. Ruth at risk. Taxpayers are already on the Rica have continued, and the Center’s mentored countless young women into hook for $170 billion in bailouts to connections have expanded in Mexico, becoming responsible mothers, employ- mortgage giants Fannie Mae and the Caribbean and South America. The ees and citizens while loving and nur- Freddie Mac because of irresponsible Center provides students with ad- turing their children into feeling spe- lending practices. And just last week vanced language and area studies cial at the same time. Fannie and Freddie asked for an addi- training, including opportunities for Throughout this unintended second tional $13.8 billion in Federal funding study and research abroad. The Center career, Ruth continuously found her- from the pockets of hardworking provides the education and experience self in situations where the needs were Americans, many of whom are under- Kansans need in order to pursue suc- clear but the means to achieve them water on their mortgages. With over 50 cessful, satisfying careers as teachers, were not always so. Yet, with her de- percent of homeowners in Arizona un- scholars, and business and government termination as her guide, she always derwater on their mortgages, I cannot professionals in the 21st century. found a way to meet these daily de- support this increase in loan limits I want to congratulate the Center of mands, oftentimes reaching into her that could potentially worsen the dis- Latin American Studies for its 50 years own pockets when resources were not astrous housing market our country is of commitment to building strong available, and never complaining. currently facing. international relations with Latin Last summer, Ruth took a road trip While I appreciate the fact that Con- America for the benefit of Kansas and to Pennsylvania with her daughter-in- gress is doing its job by moving appro- the nation. law to visit her family and friends. A priations bills, I could not in good con- f day or so later, news spread back in science have voted in support of this NATIONAL ADOPTION MONTH Kentucky that she had fallen ill, and at conference report knowing we are her age some feared the worst. But it bankrupting our country. We must Mr. JOHNSON of South Dakota. Mr. turned out it was not Ruth that had make sacrifices now to ensure that our President, I rise today to acknowledge fallen ill but her daughter-in-law—and children and grandchildren have the November as National Adoption Month the ever-resourceful Ruth Smith quite same opportunities that all of us have and National Adoption Day on Nov. 19, possibly saved the younger woman’s had instead of handing them a future 2011. With over 107,000 children waiting life by calling an ambulance and ad- filled with unsustainable debt and lost to be adopted from the U.S. foster care ministering CPR until help arrived. opportunities. system, I think it is crucial to cele- Ruth truly loves people, especially f brate the parents, social workers, those of her community, and they re- judges, lawyers, teachers, doctors, spond in kind. For example, when she TRIBUTE TO MICHELE WYMER nurses, police officers, and other dedi- decided to retire in July of last year at Mr. GRAHAM. Mr. President, I ask cated advocates who help children find the age of 85, people from all over came my colleagues to join me in recog- safe, permanent and loving homes. to her retirement celebration to honor nizing Michele Wymer for her out- It seems quite appropriate that as we her—the impact that she had on those standing service to her country in her prepare to celebrate Thanksgiving, we who were fortunate enough to know role on the Department of State, For- also celebrate the ways in which fami- and work with her over the years was eign Operations, and Related Programs lies grow through adoption. My own evident and immeasurable. Subcommittee. Before Michele and her family has been personally touched by My dear friend, Ms. Ruth Smith, is family leave for greener pastures, I adoption, and I can’t express enough an honorable Kentuckian whose self- wanted to express my appreciation and the positive impact that adoption can lessness and service to her fellow citi- thanks for her service to the Senate. have on children and families. zens deserves the utmost respect. She For the past five years, Michele has Together, National Adoption Month dedicated her life to helping her com- diligently worked on issues important and National Adoption Day aim to munity and improving the lives of her to America’s national security, includ- raise awareness of the 408,000 children fellow Kentuckians. She leaves behind ing those mitigating the devastating living in the nation’s foster care sys- her a legacy of inspiration and hope to impact of HIV/AIDS globally, providing tem and encourage individuals to con- all those she touched, and her achieve- security and stability through develop- sider opening their homes and hearts ments will not soon be forgotten. ment assistance, and addressing the through adoption. Each year more than I would ask that my Senate col- needs of refugees. She performed her 20,000 children age out of the foster leagues join me in congratulating Ms. duties in a professional manner, includ- care system without finding a perma- Ruth Smith in receiving the UK Sand- ing conducting oversight on the ground nent family to call their own. The ma- ers-Brown Center on Aging Founda- in conflict areas such as Chad, Iraq, Af- jority of these children struggle to

VerDate Mar 15 2010 05:05 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.058 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7827 meet the demands of adult life on their lives. As we celebrate National Adop- EXECUTIVE AND OTHER own. Only 50 percent earn a high school tion Month and National Adoption Day COMMUNICATIONS diploma, barely 3 percent go on to ob- on November 19, 2011, I call on my col- The following communications were tain a college degree, and one out of leagues to continue finding ways to laid before the Senate, together with four will experience homelessness at support the children, parents, and accompanying papers, reports, and doc- some point in their lives. While we gen- other important players involved in uments, and were referred as indicated: erally recognize adult independence at the child welfare system and to work EC–4016. A communication from the Sec- age 18, children rarely stop needing the to ensure all children have stable, per- retary of the Commission, Division of Mar- stability, support and guidance that manent and loving families. ket Oversight, Commodity Futures Trading families provide. The benefits of being Commission, transmitting, pursuant to law, adopted into a loving home extend well f the report of a rule entitled ‘‘Position Limits for Futures and Swaps’’ (RIN3038–AD17) re- into adulthood. MESSAGES FROM THE PRESIDENT Each year I recognize one South Da- ceived in the Office of the President of the kota family as Angels in Adoption in Messages from the President of the Senate on November 16, 2011; to the Com- United States were communicated to mittee on Agriculture, Nutrition, and For- order to highlight the many ways in estry. which exemplary individuals and fami- the Senate by Ms. Neiman, one of his EC–4017. A communication from the Direc- lies across the State have made a posi- secretaries. tor of Defense Procurement and Acquisition tive impact in the lives of children f Policy, Department of Defense, transmit- through adoption. I recently had the ting, pursuant to law, the report of a rule en- opportunity to honor Nora and Randy EXECUTIVE MESSAGES REFERRED titled ‘‘Defense Federal Acquisition Regula- tion Supplement: Management of Manufac- Boesem of Newell, SD, as Angels in As in executive session the Presiding turing Risk in Major Defense Acquisition Adoption. Nora and Randy have adopt- Officer laid before the Senate messages Programs’’ ((RIN0750–AH30)(DFARS Case ed nine children, all of whom are af- from the President of the United 2011–AH30)) received in the Office of the fected by Fetal Alcohol Spectrum Dis- States submitting sundry nominations President of the Senate on November 17, orders and face a range of physical and which were referred to the appropriate 2011; to the Committee on Armed Services. EC–4018. A communication from the Direc- mental birth defects that occur as a re- committees. sult of alcohol use during pregnancy. tor of Defense Procurement and Acquisition (The nominations received today are Policy, Department of Defense, transmit- In addition to their adopted children, printed at the end of the Senate pro- ting, pursuant to law, the report of a rule en- the Boesems have opened their home to ceedings.) titled ‘‘Defense Federal Acquisition Regula- nearly 70 children in foster care over tion Supplement: Notification Requirements the last 10 years. f for Awards of Single-Source Task- or Deliv- As a founding member of the bipar- ery-Order Contracts’’ ((RIN0750– MESSAGES FROM THE HOUSE tisan Congressional Coalition on Adop- AG66)(DFARS Case 2009–D036)) received in tion, which sponsors Angels in Adop- At 2:15 p.m., a message from the the Office of the President of the Senate on tion, I am committed to assisting chil- House of Representatives, delivered by November 17, 2011; to the Committee on dren in the United States to find sta- Mrs. Cole, one of its reading clerks, an- Armed Services. nounced that the House agreed to the EC–4019. A communication from the Direc- ble, loving and permanent homes. Addi- tor of Defense Procurement and Acquisition tionally, I support the goals of Na- amendment numbered 1 of the Senate Policy, Department of Defense, transmit- tional Adoption Day, which encourage to the bill (H.R. 394) to amend title 28, ting, pursuant to law, the report of a rule en- others to adopt children from foster United States Code, to clarify the ju- titled ‘‘Defense Federal Acquisition Regula- care, build stronger ties between local risdiction of the Federal courts, and for tion Supplement: Extension of Department adoption agencies, courts and adoption other purposes, and that the House of Defense Mentor-Protege Pilot Program’’ advocacy organizations, and learn agreed to the amendment numbered 2 ((RIN0750–AH44)(DFARS Case 2011–D050)) received in the Office of the President of the more about children waiting to be of the Senate, with an amendment, in which it requests the concurrence of Senate on November 17, 2011; to the Com- adopted and the families looking to mittee on Armed Services. grow through adoption. the Senate. EC–4020. A communication from the Direc- I was proud to support the Fostering The message also announced that the tor of Defense Procurement and Acquisition Connections to Success and Increasing House has passed the following bill, Policy, Department of Defense, transmit- Adoptions Act of 2008 and the recent without amendment: ting, pursuant to law, the report of a rule en- passage of the Child and Family Serv- S. 1637. An act to clarify appeal time limits titled ‘‘Defense Federal Acquisition Regula- ices Improvement and Innovation Act, in civil actions to which United States offi- tion Supplement: Transition to the System cers or employees are parties. for Award Management’’ ((RIN0750— which made some of the most impor- AH46)(DFARS Case 2011–D053)) received in tant improvements to the foster care f the Office of the President of the Senate on and adoption system we have seen in November 17, 2011; to the Committee on the last 10 years. I am also proud that ENROLLED BILL SIGNED Armed Services. EC–4021. A communication from the Under Members of the Senate continue to At 3:49 p.m., a message from the support ways to make adoption easier Secretary of Defense (Personnel and Readi- House of Representatives, delivered by ness), transmitting a report on the approved and more affordable. Since the cost of Mrs. Cole, one of its reading clerks, an- adoption can be very high, we ought to retirement of Lieutenant General Loren M. nounced that the Speaker has signed Reno, United States Air Force, and his ad- do what we can to minimize this initial the following enrolled bill: vancement to the grade of lieutenant general burden for the exceptional people who S. 1637. An act to clarify appeal time limits on the retired list; to the Committee on provide caring homes for children. in civil actions to which United States offi- Armed Services. Adoption proceedings and legal fees for cers or employees are parties. EC–4022. A communication from the Asso- some domestic adoptions can cost more ciate General Counsel for Legislation and The enrolled bill was subsequently than $40,000. If we ask individuals to Regulations, Office of the Secretary, Depart- signed by the Acting President pro care for and adopt children, we must ment of Housing and Urban Development, tempore (Mr. REID). transmitting, pursuant to law, the report of provide some relief from the financial a rule entitled ‘‘HUD Debt Collection: Revi- burdens associated with that care. The f sions and Update to the Procedures for the adoption tax credit is an effective way Collection of Claims’’ (RIN2501–AD36) re- to help lessen the financial burden ENROLLED BILL PRESENTED ceived in the Office of the President of the families face when adopting a child and Tbe Secretary of the Senate reported Senate on November 16, 2011; to the Com- I support making the adoption tax that on today, November 18, she had mittee on Banking, Housing, and Urban Af- credit permanent. presented to the President of the fairs. The commitment of adoptive parents EC–4023. A communication from the Chief United States the following enrolled Counsel, Federal Emergency Management in South Dakota and throughout our bill: Agency, Department of Homeland Security, country to provide children with safe, S. 1637. An act to clarify appeal time limits transmitting, pursuant to law, the report of permanent, and loving homes will, of in civil actions to which United States offi- a rule entitled ‘‘Final Flood Elevation Deter- course, have a positive impact on their cers employees are parties. minations’’ ((44 CFR Part 67)(Docket No.

VerDate Mar 15 2010 05:44 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.014 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7828 CONGRESSIONAL RECORD — SENATE November 18, 2011 FEMA—2011—0002)) received in the Office of to the Committee on Energy and Natural Re- Report for Fiscal Year 2011; to the Com- the President of the Senate on November 16, sources. mittee on Homeland Security and Govern- 2011; to the Committee on Banking, Housing, EC–4032. A communication from the Chief mental Affairs. and Urban Affairs. of the Publications and Regulations Branch, EC–4043. A communication from the Direc- EC–4024. A communication from the Chief Internal Revenue Service, Department of the tor, Congressional Affairs, Federal Election Counsel, Federal Emergency Management Treasury, transmitting, pursuant to law, the Agency, Department of Homeland Security, report of a rule entitled ‘‘Update List of Commission, transmitting, pursuant to law, transmitting, pursuant to law, the report of Areas Included in ‘North American Area’ a report entitled ‘‘Federal Election Commis- a rule entitled ‘‘Final Flood Elevation Deter- Under IRC Section 274(h)’’ (Rev. Rul. 2011–26) sion 2011 Performance and Accountability minations’’ ((44 CFR Part 67)(Docket No. received in the Office of the President of the Report’’; to the Committee on Homeland Se- FEMA–2011–0002)) received in the Office of Senate on November 15, 2011; to the Com- curity and Governmental Affairs. the President of the Senate on November 10, mittee on Finance. EC–4044. A communication from the Ad- 2011; to the Committee on Banking, Housing, EC–4033. A communication from the Chief ministrator of the National Aeronautics and and Urban Affairs. of the Publications and Regulations Branch, Space Administration, transmitting, pursu- EC–4025. A communication from the Dep- Internal Revenue Service, Department of the ant to law, a Statement of Actions with re- uty Secretary of the Treasury, transmitting, Treasury, transmitting, pursuant to law, the spect to the Government Accountability Of- pursuant to law, a six-month periodic report report of a rule entitled ‘‘Accrual of Liabil- fice report entitled ‘‘Personal ID on the national emergency with respect to ity to Unknown Payees’’ (Rev. Rul. 2011–29) Verification: Agencies Should Set a Higher Syria that was declared in Executive Order received in the Office of the President of the Priority on Using the Capabilities of Stand- 13338 of May 11, 2004; to the Committee on Senate on November 15, 2011; to the Com- ardized Identification Cards’’; to the Com- Banking, Housing, and Urban Affairs. mittee on Finance. mittee on Homeland Security and Govern- EC–4026. A communication from the Dep- EC–4034. A communication from the Chief mental Affairs. uty Assistant Administrator for Operations, of the Publications and Regulations Branch, National Marine Fisheries Service, Depart- Internal Revenue Service, Department of the EC–4045. A communication from the Execu- ment of Commerce, transmitting, pursuant Treasury, transmitting, pursuant to law, the tive Director, U.S. Election Assistance Com- to law, the report of a rule entitled ‘‘Endan- report of a rule entitled ‘‘Generation Skip- mission, transmitting, pursuant to law, the gered and Threatened Wildlife and Plants: ping Transfers (GST) Section 6011 Regula- Commission’s Semiannual Report of the In- Final Rulemaking To Designate Critical tions and Amendments to the Section 6112 spector General for the period from April 1, Habitat for Black Abalone’’ (RIN0648–AY62) Regulations’’ ((RIN1545–BG89)(TD 9556)) re- 2011 through September 30, 2011; to the Com- received in the Office of the President of the ceived in the Office of the President of the mittee on Homeland Security and Govern- Senate on November 16, 2011; to the Com- Senate on November 15, 2011; to the Com- mental Affairs. mittee on Commerce, Science, and Transpor- mittee on Finance. tation. EC–4035. A communication from the Execu- EC–4046. A communication from the Sec- EC–4027. A communication from the Chief tive Secretary, U.S. Agency for Inter- retary of the Treasury, transmitting, pursu- of the Policy and Rules Division, Office of national Development (USAID), (4) four re- ant to law, the fiscal year 2011 Agency Fi- Engineering and Technology, Federal Com- ports relative to vacancies in the Agency for nancial Report for the Department of the munications Commission, transmitting, pur- International Development (USAID), re- Treasury; to the Committee on Homeland suant to law, the report of a rule entitled ceived in the Office of the President of the Security and Governmental Affairs. ‘‘Amendment of Part 15 Regarding New Re- Senate on November 17, 2011; to the Com- EC–4047. A communication from the Chair- quirements and Measurement Guidelines for mittee on Foreign Relations. man, Merit System Protection Board, trans- Access Broadband over Power Line Systems; EC–4036. A communication from the Assist- mitting, pursuant to law, a report entitled Carrier Current Systems, Including ant Secretary, Bureau of Legislative Affairs, ‘‘Prohibited Personnel Practices: Employee Broadband over Power Line Systems, ET Department of State, transmitting, pursuant Perceptions’’; to the Committee on Home- Docket Nos. 04–37 and 03–104’’ (FCC 11–160) re- to law, status reports relative to Iraq for the land Security and Governmental Affairs. ceived in the Office of the President of the period of June 21, 2011 through August 20, Senate on November 15, 2011; to the Com- 2011; to the Committee on Foreign Relations. EC–4048. A communication from the Chair- mittee on Commerce, Science, and Transpor- EC–4037. A communication from the Sec- man of the National Endowment for the tation. retary of Health and Human Services, trans- Arts, transmitting, pursuant to law, the EC–4028. A communication from the Chief mitting, pursuant to law, the report of a pe- Semiannual Report of the Inspector General, of the Broadband Division, Wireless Tele- tition to add workers from Vitro Manufac- the Chairman’s Semiannual Report on Final communications Bureau, Federal Commu- turing in Canonsburg, Pennsylvania, to the Action Resulting from Audit Reports, In- nications Commission, transmitting, pursu- Special Exposure Cohort; to the Committee spection Reports, and Evaluation Reports for ant to law, the report of a rule entitled ‘‘Im- on Health, Education, Labor, and Pensions. the period from April 1, 2011 through Sep- plementing the Provisions of the Commu- EC–4038. A communication from the Sec- tember 30, 2011; to the Committee on Home- nications Act of 1934, as Enacted by the retary of Health and Human Services, trans- land Security and Governmental Affairs. Twenty–First Century Communications and mitting, pursuant to law, the report of a pe- EC–4049. A communication from the Presi- Video Accessibility Act of 2010; Amendment tition to add workers from the Y–12 facility dent and Chief Executive Officer, Overseas of the Commission’s Rules to Implement the in Oak Ridge, Tennessee, to the Special Ex- Private Investment Corporation, transmit- Communications Act of 1934, as Enacted by posure Cohort; to the Committee on Health, the Telecommunications Act of 1996; Accessi- Education, Labor, and Pensions. ting, pursuant to law, a report entitled ‘‘An- bility of Phone Options for People who are EC–4039. A communication from the Sec- nual Management Report of the Overseas Blind, Deaf–Blind, or Have Low Vision’’ ((CG retary of Health and Human Services, trans- Private Investment Corporation for Fiscal Docket No. 10–213)(FCC 11–151)) received in mitting, pursuant to law, the report of a pe- Year 2011 Submitted Pursuant to the Chief the Office of the President of the Senate on tition to add workers from the Ames Labora- Financial Officers Act of 1990’’; to the Com- November 16, 2011; to the Committee on tory at Iowa State University in Ames, Iowa, mittee on Homeland Security and Govern- Commerce, Science, and Transportation. to the Special Exposure Cohort; to the Com- mental Affairs. EC–4029. A communication from the Sec- mittee on Health, Education, Labor, and EC–4050. A communication from the Assist- retary of Transportation, transmitting, pur- Pensions. ant Secretary, Bureau of Legislative Affairs, suant to law, the Department of Transpor- EC–4040. A communication from the Sec- Department of State, transmitting, pursuant tation’s fiscal year 2011 annual financial re- retary of Health and Human Services, trans- to law, a report relative to waiving or par- port; to the Committee on Commerce, mitting, pursuant to law, the report of a pe- tially waiving Section 404(a) of the Child Science, and Transportation. tition to add workers from W.R. Grace and Soldiers Prevention Act of 2008 with respect EC–4030. A communication from the Sec- Company in Curtis Bay, Maryland, to the to Yemen, the Democratic Republic of the retary of Energy, transmitting, pursuant to Special Exposure Cohort; to the Committee Congo, and Chad; to the Committee on the law, the Nuclear Energy Advisory Commit- on Health, Education, Labor, and Pensions. Judiciary. tee’s (NEAC) Next Generation Nuclear Plant EC–4041. A communication from the Sec- (NGNP) Phase 2 Recommendation Report; to retary of Labor, transmitting, pursuant to EC–4051. A communication from the Direc- the Committee on Energy and Natural Re- law, the fiscal year 2011 Agency Financial tor of the Regulation Policy and Manage- sources. Report for the Department of Labor; to the ment Office, Veterans Health Administra- EC–4031. A communication from the Dep- Committee on Health, Education, Labor, and tion, Department of Veterans Affairs, trans- uty Director, Office of Surface Mining, De- Pensions. mitting, pursuant to law, the report of a rule partment of the Interior, transmitting, pur- EC–4042. A communication from the Com- entitled ‘‘Updating Fire Safety Standards’’ suant to law, the 2009 Annual Report for the missioner, Social Security Administration, (RIN2900—AN57) received in the Office of the Department of the Interior’s Office of Sur- transmitting, pursuant to law, the Adminis- President of the Senate on November 17, face Mining Reclamation and Enforcement; tration’s Performance and Accountability 2011; to the Committee on Veterans’ Affairs.

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.060 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7829 EC–4052. A communication from the Direc- S. 1912. A bill to prohibit the Department risdiction of the Environmental Pro- tor of the Regulation Policy and Manage- of Energy from subordinating its position in tection Agency with respect to certain ment Office, Veterans Health Administra- energy loan guarantees to outside investors; sporting good articles, and to exempt tion, Department of Veterans Affairs, trans- to the Committee on Energy and Natural Re- those articles from a definition under mitting, pursuant to law, the report of a rule sources. entitled ‘‘Clothing Allowance’’ (RIN2900— By Ms. LANDRIEU: that Act. AN64) received in the Office of the President S. 1913. A bill to require the Administrator S. 1277 of the Senate on November 17, 2011; to the of the Federal Aviation Administration to At the request of Ms. CANTWELL, the Committee on Veterans’ Affairs. prescribe regulations requiring air carriers name of the Senator from South Da- EC–4053. A communication from the Acting to provide passengers with certain amenities kota (Mr. THUNE) was added as a co- Under Secretary of Defense (Personnel and and facilities, and for other purposes; to the sponsor of S. 1277, a bill to amend the Readiness), transmitting a report on the ap- Committee on Commerce, Science, and Internal Revenue Code of 1986 to mod- proved retirement of Vice Admiral Alan S. Transportation. ify the incentives for the production of Thompson, United States Navy, and his ad- By Ms. SNOWE (for herself, Mr. BINGA- vancement to the grade of vice admiral on MAN, and Mrs. FEINSTEIN): biodiesel. the retired list; to the Committee on Armed S. 1914. A bill to amend the Internal Rev- S. 1591 Services. enue Code of 1986 to provide a credit for per- At the request of Mrs. GILLIBRAND, EC–4054. A communication from the Sec- formance based home energy improvements, the names of the Senator from Cali- retary of Health and Human Services, trans- and for other purposes; to the Committee on fornia (Mrs. FEINSTEIN) and the Sen- mitting, pursuant to law, a report relative to Finance. internal procedures and processes for ad- ator from Connecticut (Mr. LIEBERMAN) f dressing ongoing postmarket safety issues were added as cosponsors of S. 1591, a identified by the Office of Surveillance and SUBMISSION OF CONCURRENT AND bill to award a Congressional Gold Epidemiology (OSE) and how recommenda- SENATE RESOLUTIONS Medal to Raoul Wallenberg, in recogni- tions of the OSE are handled within the tion of his achievements and heroic ac- The following concurrent resolutions Agency; to the Committee on Health, Edu- tions during the Holocaust. cation, Labor, and Pensions. and Senate resolutions were read, and referred (or acted upon), as indicated: S. 1597 f At the request of Mr. BROWN of Ohio, By Mr. MENENDEZ: INTRODUCTION OF BILLS AND S. Res. 334. A resolution designating the the name of the Senator from Mary- JOINT RESOLUTIONS week of November 6 through November 12, land (Mr. CARDIN) was added as a co- The following bills and joint resolu- 2012, as ‘‘Veterans’ Education Awareness sponsor of S. 1597, a bill to provide as- tions were introduced, read the first Week.’’; to the Committee on the Judiciary. sistance for the modernization, renova- and second times by unanimous con- By Mrs. GILLIBRAND (for herself, Ms. tion, and repair of elementary school SNOWE, and Mrs. FEINSTEIN): sent, and referred as indicated: and secondary school buildings in pub- S. Res. 335. A resolution honoring the life lic school districts and community col- By Mrs. GILLIBRAND: and legacy of Evelyn H. Lauder; considered leges across the United States in order S. 1905. A bill to amend the Federal Crop and agreed to. Insurance Act to support crop insurance for By Mr. REID (for himself and Mr. to support the achievement of im- specialty crops, and for other purposes; to MCCONNELL): proved educational outcomes in those the Committee on Agriculture, Nutrition, S. Res. 336. A resolution to permit the col- schools, and for other purposes. and Forestry. lection of clothing, toys, food, and S. 1680 By Mr. TESTER (for himself, Mr. BAR- housewares during the holiday season for At the request of Mr. CONRAD, the RASSO, Mr. BAUCUS, Mr. ENZI, Mr. charitable purposes in Senate buildings; con- name of the Senator from Maine (Ms. GRASSLEY, and Mr. RISCH): sidered and agreed to. S. 1906. A bill to modify the Forest Service COLLINS) was added as a cosponsor of S. Recreation Residence Program as the pro- f 1680, a bill to amend title XVIII of the gram applies to units of the National Forest ADDITIONAL COSPONSORS Social Security Act to protect and pre- System derived from the public domain by serve access of Medicare beneficiaries S. 436 implementing a simple, equitable, and pre- in rural areas to health care providers dictable procedure for determining cabin At the request of Mr. SCHUMER, the under the Medicare program, and for user fees, and for other purposes; to the Com- name of the Senator from New Jersey other purposes. mittee on Energy and Natural Resources. (Mr. MENENDEZ) was added as a cospon- S. 1727 By Mr. REED (for himself and Mr. sor of S. 436, a bill to ensure that all in- At the request of Mr. HELLER, the GRASSLEY): dividuals who should be prohibited S. 1907. A bill to promote transparency by name of the Senator from New York from buying a firearm are listed in the permitting the Public Company Accounting (Mrs. GILLIBRAND) was added as a co- national instant criminal background Oversight Board to allow its disciplinary sponsor of S. 1727, a bill to direct the check system and require a background proceedings to be open to the public, and for Secretary of the Army and the Sec- check for every firearm sale. other purposes; to the Committee on Bank- retary of the Navy to conduct a review ing, Housing, and Urban Affairs. S. 626 By Mr. GRASSLEY (for himself and of military service records of Jewish At the request of Ms. CANTWELL, the Mr. NELSON of Florida): American veterans of World War I, in- S. 1908. A bill to amend the Internal Rev- name of the Senator from North Caro- cluding those previously awarded a enue Code of 1986 to clarify the employment lina (Mr. BURR) was added as a cospon- military decoration, to determine tax treatment and reporting of wages paid by sor of S. 626, a bill to amend the Inter- whether any of the veterans should be professional employer organization, and for nal Revenue Code of 1986 to repeal the posthumously awarded the Medal of other purposes; to the Committee on Fi- shipping investment withdrawal rules Honor, and for other purposes. nance. in section 955 and to provide an incen- S. 1776 By Mr. ENZI: tive to reinvest foreign shipping earn- S. 1909. A bill to amend title 31, United At the request of Mr. CARDIN, the States Code, to provide for the issuance of ings in the United States. name of the Senator from California Buy Back America Bonds; to the Committee S. 810 (Mrs. BOXER) was added as a cosponsor on Finance. At the request of Ms. CANTWELL, the of S. 1776, a bill to amend title 10, By Mr. LIEBERMAN (for himself and names of the Senator from Alaska (Mr. United States Code, to expand the Op- Ms. COLLINS): BEGICH) and the Senator from Oregon S. 1910. A bill to provide benefits to domes- eration Hero Miles program to include tic partners of Federal employees; to the (Mr. MERKLEY) were added as cospon- the authority to accept the donation of Committee on Homeland Security and Gov- sors of S. 810, a bill to prohibit the con- travel benefits in the form of hotel ernmental Affairs. ducting of invasive research on great points or awards for free or reduced- By Ms. COLLINS: apes, and for other purposes. cost accommodations. S. 1911. A bill to amend the Internal Rev- S. 838 S. 1817 enue Code of 1986 to provide recruitment and At the request of Mr. THUNE, the At the request of Mr. HELLER, the retention incentives for volunteer emergency service workers; to the Committee on name of the Senator from Texas (Mr. name of the Senator from Texas (Mrs. Finance. CORNYN) was added as a cosponsor of S. HUTCHISON) was added as a cosponsor of By Mr. MCCAIN (for himself, Mr. 838, a bill to amend the Toxic Sub- S. 1817, a bill to amend the Commu- COBURN, and Mr. ISAKSON): stances Control Act to clarify the ju- nications Act of 1934 to provide for

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.062 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7830 CONGRESSIONAL RECORD — SENATE November 18, 2011 greater transparency and efficiency in propriations for fiscal year 2012 for of amendment No. 1116 proposed to S. the procedures followed by the Federal military activities of the Department 1867, an original bill to authorize ap- Communications Commission. of Defense, for military construction, propriations for fiscal year 2012 for S. 1822 and for defense activities of the De- military activities of the Department At the request of Mr. HELLER, the partment of Energy, to prescribe mili- of Defense, for military construction, name of the Senator from New Jersey tary personnel strengths for such fiscal and for defense activities of the De- (Mr. MENENDEZ) was added as a cospon- year, and for other purposes. partment of Energy, to prescribe mili- sor of S. 1822, a bill to provide for the AMENDMENT NO. 1068 tary personnel strengths for such fiscal exhumation and transfer of remains of At the request of Ms. AYOTTE, the year, and for other purposes. deceased members of the Armed Forces name of the Senator from Texas (Mr. AMENDMENT NO. 1120 buried in Tripoli, Libya. CORNYN) was added as a cosponsor of At the request of Mrs. SHAHEEN, the names of the Senator from California S. 1868 amendment No. 1068 proposed to S. (Mrs. FEINSTEIN) and the Senator from At the request of Mr. MENENDEZ, the 1867, an original bill to authorize ap- Oregon (Mr. MERKLEY) were added as names of the Senator from Michigan propriations for fiscal year 2012 for cosponsors of amendment No. 1120 pro- (Ms. STABENOW) and the Senator from military activities of the Department posed to S. 1867, an original bill to au- Florida (Mr. NELSON) were added as co- of Defense, for military construction, and for defense activities of the De- thorize appropriations for fiscal year sponsors of S. 1868, a bill to establish 2012 for military activities of the De- within the Smithsonian Institution the partment of Energy, to prescribe military personnel strengths for such fiscal partment of Defense, for military con- Smithsonian American Latino Mu- struction, and for defense activities of seum, and for other purposes. year, and for other purposes. AMENDMENT NO. 1071 the Department of Energy, to prescribe S. 1871 At the request of Mr. CORNYN, his military personnel strengths for such At the request of Mr. BROWN of Mas- name was added as a cosponsor of fiscal year, and for other purposes. sachusetts, the name of the Senator amendment No. 1071 proposed to S. AMENDMENT NO. 1121 from Maine (Ms. SNOWE) was added as a 1867, an original bill to authorize ap- At the request of Mrs. SHAHEEN, the cosponsor of S. 1871, a bill to prohibit propriations for fiscal year 2012 for names of the Senator from California commodities and securities trading military activities of the Department (Mrs. FEINSTEIN) and the Senator from based on nonpublic information relat- of Defense, for military construction, Oregon (Mr. MERKLEY) were added as ing to Congress, to require additional and for defense activities of the De- cosponsors of amendment No. 1121 in- reporting by Members and employees partment of Energy, to prescribe mili- tended to be proposed to S. 1867, an of Congress of securities transactions, tary personnel strengths for such fiscal original bill to authorize appropria- and for other purposes. year, and for other purposes. tions for fiscal year 2012 for military S. 1876 activities of the Department of De- AMENDMENT NO. 1072 At the request of Mr. BROWN of Ohio, fense, for military construction, and At the request of Mr. LEAHY, the for defense activities of the Depart- the name of the Senator from Rhode Is- name of the Senator from Kansas (Mr. land (Mr. WHITEHOUSE) was added as a ment of Energy, to prescribe military ROBERTS) was added as a cosponsor of personnel strengths for such fiscal cosponsor of S. 1876, a bill to require amendment No. 1072 proposed to S. year, and for other purposes. the establishment of a Consumer Price 1867, an original bill to authorize ap- AMENDMENT NO. 1138 Index for Elderly Consumers to com- propriations for fiscal year 2012 for At the request of Mr. HELLER, the pute cost-of-living increases for Social military activities of the Department names of the Senator from Virginia Security benefits under title II of the of Defense, for military construction, (Mr. WEBB) and the Senator from New Social Security Act. and for defense activities of the De- Jersey (Mr. MENENDEZ) were added as S. 1901 partment of Energy, to prescribe mili- cosponsors of amendment No. 1138 pro- At the request of Mr. UDALL of Colo- tary personnel strengths for such fiscal rado, the names of the Senator from posed to S. 1867, an original bill to au- year, and for other purposes. thorize appropriations for fiscal year Rhode Island (Mr. WHITEHOUSE), the AMENDMENT NO. 1084 Senator from Minnesota (Mr. 2012 for military activities of the De- At the request of Mr. KIRK, the partment of Defense, for military con- FRANKEN), the Senator from Colorado names of the Senator from Texas (Mr. struction, and for defense activities of (Mr. BENNET) and the Senator from CORNYN), the Senator from Arizona the Department of Energy, to prescribe Minnesota (Ms. KLOBUCHAR) were added (Mr. KYL) and the Senator from Lou- military personnel strengths for such as cosponsors of S. 1901, a bill to amend isiana (Mr. VITTER) were added as co- fiscal year, and for other purposes. the Internal Revenue Code of 1986 to in- sponsors of amendment No. 1084 pro- AMENDMENT NO. 1158 crease the limitations on the amount posed to S. 1867, an original bill to au- excluded from the gross estate with re- At the request of Ms. COLLINS, the thorize appropriations for fiscal year name of the Senator from Georgia (Mr. spect to land subject to a qualified con- 2012 for military activities of the De- CHAMBLISS) was added as a cosponsor of servation easement. partment of Defense, for military con- amendment No. 1158 proposed to S. S. 1903 struction, and for defense activities of 1867, an original bill to authorize ap- At the request of Mrs. GILLIBRAND, the Department of Energy, to prescribe propriations for fiscal year 2012 for the names of the Senator from Rhode military personnel strengths for such military activities of the Department Island (Mr. REED) and the Senator from fiscal year, and for other purposes. of Defense, for military construction, Maine (Ms. SNOWE) were added as co- AMENDMENT NO. 1115 and for defense activities of the De- sponsors of S. 1903, a bill to prohibit At the request of Ms. LANDRIEU, the partment of Energy, to prescribe mili- commodities and securities trading name of the Senator from New Hamp- tary personnel strengths for such fiscal based on nonpublic information relat- shire (Ms. AYOTTE) was added as a co- year, and for other purposes. ing to Congress, to require additional sponsor of amendment No. 1115 pro- AMENDMENT NO. 1159 reporting by Members and employees posed to S. 1867, an original bill to au- At the request of Mr. LEAHY, the of Congress of securities transactions, thorize appropriations for fiscal year name of the Senator from Arizona (Mr. and for other purposes. 2012 for military activities of the De- KYL) was added as a cosponsor of At the request of Mr. NELSON of Flor- partment of Defense, for military con- amendment No. 1159 intended to be pro- ida, his name was added as a cosponsor struction, and for defense activities of posed to S. 1867, an original bill to au- of S. 1903, supra. the Department of Energy, to prescribe thorize appropriations for fiscal year AMENDMENT NO. 1067 military personnel strengths for such 2012 for military activities of the De- At the request of Ms. AYOTTE, the fiscal year, and for other purposes. partment of Defense, for military con- name of the Senator from Arizona (Mr. AMENDMENT NO. 1116 struction, and for defense activities of MCCAIN) was added as a cosponsor of At the request of Mr. WICKER, the the Department of Energy, to prescribe amendment No. 1067 proposed to S. name of the Senator from Delaware military personnel strengths for such 1867, an original bill to authorize ap- (Mr. COONS) was added as a cosponsor fiscal year, and for other purposes.

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.049 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7831 AMENDMENT NO. 1165 military personnel strengths for such were raised by the revelations of Enron At the request of Mr. WARNER, the fiscal year, and for other purposes. and other public companies. The hear- name of the Senator from Florida (Mr. AMENDMENT NO. 1210 ings produced a remarkable consensus NELSON) was added as a cosponsor of At the request of Mr. NELSON of Flor- on a number of underlying causes, in- amendment No. 1165 intended to be pro- ida, the name of the Senator from Flor- cluding weak corporate governance, a posed to S. 1867, an original bill to au- ida (Mr. RUBIO) was added as a cospon- lack of accountability, and inadequate thorize appropriations for fiscal year sor of amendment No. 1210 proposed to oversight of accountants charged with 2012 for military activities of the De- S. 1867, an original bill to authorize ap- auditing a public company’s financial partment of Defense, for military con- propriations for fiscal year 2012 for statements. struction, and for defense activities of military activities of the Department In order to address the gaps and the Department of Energy, to prescribe of Defense, for military construction, structural weaknesses revealed by the military personnel strengths for such and for defense activities of the De- investigation and hearings, Congress fiscal year, and for other purposes. partment of Energy, to prescribe mili- passed the Sarbanes-Oxley Act of 2002. AMENDMENT NO. 1179 tary personnel strengths for such fiscal The Senate passed this legislation on a At the request of Mr. GRAHAM, the year, and for other purposes. 99 to 0 vote. The Sarbanes-Oxley Act ensured that name of the Senator from Florida (Mr. AMENDMENT NO. 1211 NELSON) was added as a cosponsor of corporate officers were directly ac- At the request of Mrs. GILLIBRAND, countable for their financial reporting amendment No. 1179 proposed to S. the name of the Senator from Con- 1867, an original bill to authorize ap- and for the quality of their financial necticut (Mr. BLUMENTHAL) was added statements. The new law also created a propriations for fiscal year 2012 for as a cosponsor of amendment No. 1211 military activities of the Department strong, independent board to oversee proposed to S. 1867, an original bill to the conduct of the auditors of public of Defense, for military construction, authorize appropriations for fiscal year and for defense activities of the De- companies, the Public Company Ac- 2012 for military activities of the De- counting Oversight Board, PCAOB or partment of Energy, to prescribe mili- partment of Defense, for military con- tary personnel strengths for such fiscal Board. struction, and for defense activities of The board is responsible for over- year, and for other purposes. the Department of Energy, to prescribe AMENDMENT NO. 1180 seeing auditors of public companies in military personnel strengths for such order to protect investors and further At the request of Ms. COLLINS, the fiscal year, and for other purposes. name of the Senator from Pennsyl- the preparation of informative, accu- AMENDMENT NO. 1219 vania (Mr. CASEY) was added as a co- rate, and independent audit reports on At the request of Mr. GRAHAM, his sponsor of amendment No. 1180 pro- the financial statements of public com- name and the name of the Senator posed to S. 1867, an original bill to au- panies. The board operates under the from Vermont (Mr. LEAHY) were added thorize appropriations for fiscal year oversight of the U.S. Securities and Ex- as cosponsors of amendment No. 1219 2012 for military activities of the De- change Commission, SEC. proposed to S. 1867, an original bill to partment of Defense, for military con- The PCAOB is responsible for setting authorize appropriations for fiscal year struction, and for defense activities of auditing standards for auditors of pub- 2012 for military activities of the De- the Department of Energy, to prescribe lic companies, for examining the qual- partment of Defense, for military con- military personnel strengths for such ity of audits performed by public com- struction, and for defense activities of fiscal year, and for other purposes. pany auditors, and where necessary, for the Department of Energy, to prescribe imposing disciplinary sanctions on reg- AMENDMENT NO. 1188 military personnel strengths for such istered auditors and auditing firms. At the request of Mr. CARDIN, the fiscal year, and for other purposes. The PCAOB oversees more than 2,400 name of the Senator from California f registered auditing firms, as well as (Mrs. BOXER) was added as a cosponsor the thousands of audit partners and STATEMENTS ON INTRODUCED of amendment No. 1188 proposed to S. staff who contribute to a firm’s work BILLS AND JOINT RESOLUTIONS 1867, an original bill to authorize ap- on each audit. propriations for fiscal year 2012 for By Mr. REED (for himself and The board’s ability to commence pro- military activities of the Department Mr. GRASSLEY): ceedings to determine whether there of Defense, for military construction, S. 1907. A bill to promote trans- have been violations of its auditing and for defense activities of the De- parency by permitting the Public Com- standards or rules of professional prac- partment of Energy, to prescribe mili- pany Accounting Oversight Board to tice is an important component of its tary personnel strengths for such fiscal allow its disciplinary proceedings to be oversight. In order to determine wheth- year, and for other purposes. open to the public, and for other pur- er to institute a proceeding, the AMENDMENT NO. 1197 poses; to the Committee on Banking, board’s enforcement staff conducts a At the request of Mr. FRANKEN, the Housing, and Urban Affairs. nonpublic investigation and makes a name of the Senator from Louisiana Mr. REED. Mr. President, today I am recommendation to the five-member (Ms. LANDRIEU) was added as a cospon- introducing the PCAOB Enforcement board. sor of amendment No. 1197 proposed to Transparency Act of 2011 along with However, unlike other oversight bod- S. 1867, an original bill to authorize ap- Senator GRASSLEY. ies, such as the SEC, the U.S. Depart- propriations for fiscal year 2012 for One of the largest securities frauds in ment of Labor, the Federal Deposit In- military activities of the Department history began unraveling in August surance Corporation, FDIC, the U.S. of Defense, for military construction, 2001 when an Enron vice president ex- Commodity Futures Trading Commis- and for defense activities of the De- pressed her concern that the company sion, CFTC, the Financial Industry partment of Energy, to prescribe mili- might ‘‘implode under a series of ac- Regulatory Authority, FINRA, and tary personnel strengths for such fiscal counting scandals.’’ Enron disclosed a others, the Board’s disciplinary pro- year, and for other purposes. few months later that its historical fi- ceedings are not allowed to be public. AMENDMENT NO. 1200 nancial statements were not accurate. Unfortunately, over the last several At the request of Mr. CORNYN, the A subsequent restatement revealed years, bad actors have been taking ad- names of the Senator from Arizona over that $500 million in losses had vantage of this lack of transparency. In (Mr. KYL) and the Senator from Okla- gone unreported. Several other large April 2011, the Subcommittee on Secu- homa (Mr. COBURN) were added as co- corporate frauds followed shortly rities, Insurance, and Investment, sponsors of amendment No. 1200 pro- thereafter. For instance, in June 2002, which I chair, considered the issue of posed to S. 1867, an original bill to au- WorldCom admitted that it had mis- enhancing the PCAOB’s effectiveness thorize appropriations for fiscal year represented its profitability to inves- by permitting the Board to disclose in- 2012 for military activities of the De- tors. formation about its enforcement pro- partment of Defense, for military con- The Senate Committee on Banking, ceedings. PCAOB Chairman James struction, and for defense activities of Housing, and Urban Affairs conducted Doty noted that the ‘‘secrecy has a va- the Department of Energy, to prescribe a series of hearings on the issues that riety of unfortunate consequences’’ and

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.051 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7832 CONGRESSIONAL RECORD — SENATE November 18, 2011 this ‘‘state of affairs is not good for in- and investors. I hope our colleagues war bond. I still have that $20 bond vestors, for the auditing profession, or will join Senator GRASSLEY and me in today. Not cashing it was my first gift for the public at large.’’ taking the legislative steps necessary to my country, and it is also a keep- In one example, an accounting firm to enhance transparency in the sake to me. that was subject to a disciplinary pro- PCAOB’s enforcement process. In 1941, when savings bonds were re- ceeding continued to issue no fewer Mr. President, I ask unanimous con- titled as ‘‘war bonds’’ in the terrible than 29 additional audit reports on sent that the text of the bill be printed and devastating aftermath of Pearl public companies without any of those in the RECORD. Harbor, the United States rallied as a companies knowing about the PCAOB There being no objection, the text of collective nation in support of the war proceedings. Those public companies the bill was ordered to be printed in and war bond effort. At the time, and their investors were completely in the RECORD, as follows: though, the average American only the dark about the board’s decision to S. 1907 earned about $2,000 a year. Despite both institute disciplinary proceedings Be it enacted by the Senate and House of Rep- these hardships and tough times, 134 and about the progress of those pro- resentatives of the United States of America in million Americans were called on to be ceedings. The auditor knew about the Congress assembled, part of the war bond effort, and more proceedings, but the investors and pub- SECTION 1. SHORT TITLE. than half of the U.S. population—85 lic companies were denied information This Act may be cited as the ‘‘PCAOB En- million people—responded to the patri- that was arguably very relevant to the forcement Transparency Act of 2011’’. otic call to participate. audit relationship. SEC. 2. OPEN MEETINGS AUTHORIZED. The Scouts raised money and person- There are additional reasons that the Section 105(c)(2) of the Sarbanes-Oxley Act ally donated their own funds 10 cents proceedings should be open and trans- of 2002 (15 U.S.C. 7215(c)(2)) is amended to at a time in the form of stamps that read as follows: parent. First, the closed proceedings could be pasted into a war bond book- ‘‘(2) PUBLIC HEARINGS.—Hearings under this run counter to the public proceedings section shall be open to the public, unless let. When war bond books were com- of other oversight bodies, as I have al- the Board, on its own motion or after consid- plete, they could be taken to the local ready noted. Indeed, nearly all admin- ering the motion of a party, orders other- bank, and sometimes even the local istrative proceedings brought by the wise.’’. post office, to purchase bonds. One in- SEC against public companies, brokers, SEC. 3. PUBLICATION OF DETERMINATIONS. novative group even created a pro- dealers, investment advisers, and oth- Section 105(d)(1)(C) of the Sarbanes-Oxley motional cardboard with slots for 75 ers are open, public proceedings. Act of 2002 (15 U.S.C. 7215(d)(1)(C)) is amend- quarters that had to be filled before it The PCAOB’s secret proceedings are ed by striking ‘‘(once any stay on the impo- could be redeemed for a bond. not only shielded from the public, but sition of such sanction has been lifted)’’. Showing his leadership and dedica- from Congress as well. The public and By Mr. ENZI: tion to the effort, President Franklin Congress have a role in ensuring that S. 1909. A bill to amend title 31, Delano Roosevelt purchased the very not just auditors are held to account, United States Code, to provide for the first war bond issued. In part of Presi- but also that the PCAOB is held to ac- issuance of Buy Back America Bonds; dent Roosevelt’s April 30, 1941, radio count as well for its oversight of the to the Committee on Finance. address to the American people, he auditors and audit firms. Mr. ENZI. I rise today to introduce said: Second, the incentive to litigate my Buy Back America Bonds bill, S. One thought is uppermost in my mind as I cases in order to continue to shield 1909. This bill will not only help raise make grateful acknowledgment of this dual conduct from the public as long as pos- honor. It is that in reserving the first De- awareness of our Nation’s debt crisis, sible frustrates the process and re- fense Savings Bond and the first Defense but it will also give every American quires the expenditure of needless re- Postal Savings Stamps in the name of the the chance to be a part of the solution sources by both litigants and the President, the Secretary of the Treasury and to fix our country’s fiscal dilemma. My the Postmaster General have given emphasis PCAOB. In April, Chairman Doty, who bill will allow Americans to invest in to the national character of this defense sav- testified before the Subcommittee on this incredible country and bring for- ings campaign. This character of the cam- Securities, Insurance, and Investment, eign-held U.S. debt back to American paign is national in the best sense of the noted that ‘‘the fact that PCAOB dis- hands while at the same time reducing word, for it is going to reach down, we hope, ciplinary proceedings are required to to the individual and the family in every be secret creates a considerable incen- Federal Government spending. But be- community and on every farm, in every tive to litigate.’’ fore I talk about where my bill is State and every possession of the United Third, a recent academic study noted going, I want to explain where I am States. that the public nature of SEC’s pro- coming from. The President goes on to say: ceedings against companies result in In World War II, war bonds were sold It is national and it is homey at the same good results. ‘‘Observing a public SEC to help pay for our Nation’s national time. For example, I am buying not one enforcement action in its industry defense and reduce the amount of debt stamp but ten stamps each to go into a little against a target firm is likely to in- incurred. People from all kinds of book for each of my ten grandchildren. And crease a peer firm’s knowledge about backgrounds saved toward purchasing the first savings bond is being made out in the name of Mrs. Roosevelt as beneficiary. SEC activity and cause it to revise up- war bonds, often with nickels, dimes, and quarters. On the job, people de- It is fitting that the President in his pur- ward its subjective probability of at- chases should be a sort of a symbol of the de- tracting such an action against itself.’’ ducted the cost of war bonds from their termination of all the people to save and sac- In effect, the study noted that this meager paychecks. Families invested rifice in defense of democracy. In a larger may serve as a deterrent to misconduct in war bonds and saved for the future. sense, this first defense bond and these first because of a perceived increase in ‘‘get- During World War II, President Roo- defense stamps sold to the President con- ting caught.’’ Accordingly, the audit sevelt even asked the Boy Scouts of stitute tangible evidence of a partnership—a industry would also benefit from time- America to sell war bonds, and they partnership between all of the people and their Government—entered into to safeguard ly, public, and non-secret enforcement did. Boy Scouts and Girl Scouts worked with their packs and troops to and perpetuate all of those precious freedoms proceedings. which Government guarantees. In this time Our bill will make hearings by the sell bonds to their neighbors and com- of national peril, what we all must realize is PCAOB, and all related notices, orders, munities. In other words, all across the that the United States Government is you and motions, open and available to the country, folks of all walks and types and I and all other families next door all the public unless otherwise ordered by the were working together for one collec- way across the country and back again. It is board. The board procedure would then tive goal—to do their part for the coun- one great partnership. be similar to the SEC’s Rules of Prac- try’s war effort. Men, women, and chil- That ends the quote from President tice for similar matters, where hear- dren were selling and purchasing these Roosevelt. ings and related notices, orders, and war bonds, all in the name of lending a The President concluded his address motions are open and available to the hand to our fellow countrymen and to by asking his fellow Americans to dem- public. pay for the costs of war. onstrate their faith in America by in- We need to ensure public proceedings I was born during World War II. When vesting in the new defense bonds and to better protect and serve companies I was born, my parents bought me a stamps.

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.003 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7833 I remember as a child bringing dimes Federal Government to reduce spend- ‘‘(c) Buy Back America Bonds shall be to school so that I could purchase a ing. Every year after the first year the issued at face value and in denominations of stamp for my savings bond book—one amount of Buy Back America Bonds not less than $25. ‘‘(d) The redemption value of a Buy Back stamp at a time, saving toward the sold would be tallied and that exact America Bond shall be determined as the price of a full savings bond. I remember amount would then be cut from Fed- Secretary shall provide— vividly that the bond was a lofty $18.75. eral spending the following year. ‘‘(1) at a fixed interest rate equal to the When I got my book filled, we could go I stand before you to explain not only rate applicable to a Series I savings bond for down to the bank so that I could fi- where I am coming from with my Buy the rate period during which the Buy Back nally trade for my bond—that piece of Back America Bonds but also why our America Bond is purchased, and paper showing that I had done my Nation needs a collective effort to rally ‘‘(2) for purposes of calculating yearly in- small part to help in the effort and around to make steps toward a more terest, by increasing the purchase price of responsible Federal budget and getting such Buy Back America Bond in each cal- make this country better. Kids of my endar year after the year of purchase by an generation learned the value of saving our national debt under control. In- amount equal to— and helping their country through the vesting in America and bringing for- ‘‘(A) such purchase price, multiplied by savings bond program. eign-held debt back to American hands ‘‘(B) the cost-of-living adjustment deter- Today, I rise to speak about a dif- is where I propose to start. I ask my mined under section 1(f)(3) of the Internal ferent sort of fight, and yet, at the colleagues and the American people to Revenue Code of 1986 for such calendar year, same time, this fight is one that is no help me be an integral part of the debt determined by substituting the calendar less serious than the one I remember as crisis solution. year in which such bond was purchased for Not only am I a father, I am a grand- ‘1992’ in subparagraph (B) thereof. a child. Today, our Nation is struggling ‘‘(e) If during any fiscal year during which to fight a growing spending problem father, and I want to be the first to any Buy Back America Bond is out- and a debt crisis. Debt is our problem purchase Buy Back America Bonds for standing— now. my four grandchildren. I want my ‘‘(1) the Federal budget deficit for such fis- It is time to get all of America in- grandchildren and yours to have every cal year is less than the amount equal to 3 volved, not with a promise of wealth opportunity for a great quality of life, percent of gross domestic product (as most but with a sense of investing in our to know the meaning of faith and in- recently computed and published by the De- country, of buying America back, pull- vestment in a prosperous United partment of Commerce); and ing us back from the brink of bank- States. I am doing everything I can to ‘‘(2) the public debt is less than the amount equal to 10 percent of gross domestic product ruptcy to other countries. The national ensure that happens. That means pro- (as so computed and published); posing solutions to problems and work- debt stands at $15 trillion, which then any such bond may be redeemed with- breaks down to nearly $48,000 for every ing to get my colleagues on board. out regard to subsection (b). person in our entire country. These fig- So I rise and ask for the support of ‘‘(f) A Buy Back America Bond may only ures are a frightening reminder that we my colleagues for this great effort and be held by— cannot continue to put off the tough support for S. 1909, my Buy Back ‘‘(1) a citizen or resident of the United choices and that we must restore the America Bonds bill. What President States; fiscal discipline to the Federal Govern- Roosevelt said then is equally true ‘‘(2) a domestic partnership, or domestic ment. now: corporation, not more than 1 percent of the ownership interest of which is held (directly This is a tough fight that has to be In this time of national peril we must real- or indirectly) by a person who is not a ize the U.S. Government is you and I, and all tackled on all fronts. Today I am pro- United State person (as defined in section other families next door all the way across posing a step in the right direction and 7701(a)(30) of the Internal Revenue Code of the country and back again. It is one great calling upon Americans for support of 1986); or partnership. this effort. I am proposing that we ‘‘(3) an estate or trust which is a United bring American debt back to American Working together we can solve all of States person (as so defined), unless there is hands. I am introducing the Buy Back this. We need to solve all of this. We a beneficiary of the trust who is not a United America Bonds, S. 1909. My bill would need to start solving it right now and States person (as so defined), buy back American bonds to American this is one way to do it. and may be purchased only by an individual citizens in affordable $25 increments so Mr. President, I ask unanimous con- who provides a valid social security account sent that the text of the bill be printed number (not including a taxpayer identifica- every American can afford to invest tion number provided by the Internal Rev- and do their part. The Treasury would in the RECORD. There being no objection, the text of enue Service). then use the funds from these bonds to the bill was ordered to be printed in ‘‘(g) A Buy Back America Bond may be begin paying down the $4.4 trillion in transferred as provided by the Secretary, but the RECORD, as follows: foreign-held U.S. debt. Investing in only to an individual who has a valid social Buy Back America Bonds would allow S. 1909 security account number (not including a Americans to show their patriotism Be it enacted by the Senate and House of Rep- taxpayer identification number provided by resentatives of the United States of America in the Internal Revenue Service).’’. and faith in this great Nation. Congress assembled, (b) CLERICAL AMENDMENT.—The table of Unlike the war bonds of my child- SECTION 1. BUY BACK AMERICA BONDS. sections subchapter I of chapter 31 of sub- hood, Buy Back America Bonds would (a) IN GENERAL.—Subchapter I of chapter title III of title 31, United States Code, is create a new series of savings bonds 31 of subtitle III of title 31, United States amended by inserting after section 3105 the which are indexed for inflation as well Code, is amended by inserting after section following new item: as earning a fixed interest rate. By 3105 the following new section: ‘‘3105. Buy Back America Bonds.’’. tying Buy Back America Bonds to in- ‘‘§ 3105a. Buy Back America Bonds SEC. 2. DEFICIT REDUCTION. flation, we ensure the buying power of ‘‘(a) The Secretary shall establish and ad- (a) CALCULATION.—The Office of Manage- consumers’ investments remains the minister a new series of United States sav- ment and Budget shall calculate the net def- same while also earning them addi- ings bonds, to be known as‘Buy Back Amer- icit reduction resulting from the implemen- tional interest. These could be called ica Bonds’. Proceeds from the bonds shall be tation of this Act and the sale of Buy Back used first solely to reduce the amount of for- America Bonds for the period beginning on Gold Standard Bonds. eign-held public debt, and then to reduce the date of the sale of the first such Buy Those are two ways the Buy Back other public debt. Back America Bond and ending on the date America Bonds would earn and keep ‘‘(b) A Buy Back America Bond shall be that is 1 year after such date. their value for investors in addition to subject to such terms and conditions of (b) ADJUSTMENT OF THE DISCRETIONARY their patriotic and symbolic invest- issue, conversion, redemption, and matura- CAPS.—Effective on the effective date of this ment. These are not going to be barn- tion as the Secretary may prescribe, except Act, the limit for the appropriate discre- burner investments, but they will help that a Buy Back America Bond shall not ma- tionary budget category set forth in section our Nation not only pay down our debt ture, and may not be redeemed by the hold- 251(c) and 251A of the Balanced Budget and er, earlier than 10 years from the date of Emergency Deficit Control Act of 1985 for but pay down the amount of debt owed issue and shall mature not more than 20 the first fiscal year beginning after the date to foreign nations. years from the date of issue. Interest on a that is 1 year after the date of the sale of the What makes this bill particularly Buy Back America Bond whenever paid shall first Buy Back America Bond shall be re- special is that for every bond pur- not be includible in gross income under the duced by the amount of the net deficit reduc- chased, citizens are also helping the Internal Revenue Code of 1986. tion calculated pursuant to subsection (a).

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.043 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7834 CONGRESSIONAL RECORD — SENATE November 18, 2011 By Ms. COLLINS: the Governor and providing recommenda- a 30 percent tax credit for Americans S. 1911. A bill to amend the Internal tions regarding necessary changes to Maine’s to cut their energy bills, and catalyze Revenue Code of 1986 to provide re- fire service system. The Maine Fire Chiefs’ our construction industry, reduce pol- cruitment and retention incentives for Association represents numerous fire and emergency service interests in Maine. Mem- lution, and seize the opportunity in volunteer emergency service workers; bers of the Maine Fire Chiefs’ Association residential energy efficiency to secure to the Committee on Finance. represent fulltime, call and volunteer fire- America’s energy future. With heating Ms. COLLINS. Mr. President, I rise fighters. oil prices at $3.94 nationally for home today to introduce the Volunteer The recruitment and retention of experi- heating oil, a record for this time of Emergency Services Recruitment and enced emergency responders is a priority of year, this legislation is a timely meth- Retention Act of 2011. This bill fixes a the Maine Fire Chiefs’ Association and od to address what may be the most ex- long-standing problem with the tax Maine’s fire service. The majority of Maine’s fire departments rely on call and/or volun- pensive heating season in history. code that harms the ability of volunteer firefighters and the recruitment and re- teer fire departments to recruit and retention of these crucial volunteers is the I am pleased to have developed this tain both firefighter and emergency number one issue facing the volunteer fire bill with Senators BINGAMAN and FEIN- service personnel. service today. Length of Service Award Pro- STEIN, two longtime leaders on energy For years, local and state govern- grams (LOSAPs)—pension-like programs for efficiency, and look forward to dis- ments have provided their volunteer volunteer emergency responders—are effec- cussing this bill with my colleagues on firefighters and EMS personnel with tive recruitment and retention tools and are quite popular among the volunteer fire serv- the Senate Finance Committee. The different forms of benefits including ice. Cut Energy Bills at Home Act recog- Length of Service Award Plans, com- In 2009, the Maine Fire Chiefs’ Association nizes the sea-change that has occurred monly known as LOSAPs. These are proposed the following legislation—L.D. 1499 in the energy efficiency industry and pension-like benefits for volunteer ‘‘An Act To Establish the Maine Fire Protec- tries to ensure that middle-class Amer- tion Services Commission Length of Service emergency responders. icans can harness these technological Unfortunately, the way the tax code Award Program’’—offering a LOSAP to strides in their own lives. handles LOSAPs hinders departments’ emergency responders in Maine. Although there was support for the bill’s concept dur- Specifically, not only have windows, abilities to administer the plans and ing the public hearing process, members of makes it more difficult for volunteer the Criminal Justice and Public Safety Com- insulation, and boilers become more emergency personnel to receive the mittee cited the potential problems associ- advanced to reduce energy consump- benefits. ated with the present federal tax laws—spe- tion, but our contractors who perform My bill would simplify the taxation cifically that the Internal Revenue Code, this work have developed sophisticated of LOSAPs in two steps. First, it would Section 457, does not include LOSAPs—and practices to holistically improve a allow LOSAPs to be elected as deferred L.D. 1499 ultimately was not passed. Federal home’s energy consumption. compensation plans, and second, it legislation—H.R. 1792—was proposed in the 111th Congress but was not passed before ad- In the past, homeowners would sim- would exempt them from the Employee journment. H.R. 376 ‘‘Volunteer Emergency ply place insulation in the attic to con- Retirement Income Security Act of Services Recruitment and Retention Act of tain heat, now companies are using 1974. This bill makes these necessary 2011’’ was submitted earlier this year in the infared thermography to identify tem- changes, which will improve access to House of Representatives and sponsorship of perature differences in a house, a blow- LOSAP benefits for volunteer emer- similar legislation in the Senate is antici- gency responders, without increasing pated. er door test to measure airflow leaks, federal spending. The Maine Fire Chiefs’ Association re- to replace windows, doors, and insula- Today, an estimated 180,000 volunteer spectfully requests your sponsorship of this tion that will maximize the cost-effec- important legislation for emergency re- firefighters across 27 states participate tiveness of home energy efficiency im- sponders. Length of service award programs provements. in some form of LOSAP. Many states are important recruitment and retention that do not offer these benefits would tools for communities who primarily rely on Today, we are on the cusp of a mile- be more likely to do so if the federal volunteers. By clarifying the tax treatment stone turn in the energy efficiency in- tax code were simplified. This, in turn, of LOSAPs, local communities will find it dustry—one with benefits for home- would help volunteer fire departments easier to establish and administer these pro- owners unimaginable even just five grams. H.R. 376 would not create new to more easily recruit and retain per- years ago. To spur early adoption of sonnel. These men and women our local LOSAPS, place additional requirements on existing LOSAPs or require communities to these advances and to ensure that cost first responders—are the foundation of provide LOSAPs to their volunteer emer- is not prohibitive, our bill provides a 30 our emergency response capabilities. gency responders. LOSAPs would create in- percent tax credit up to $5,000 to assist These volunteers put their lives on centives for firefighters to remain in the fire homeowners who make an investment the line to help protect our commu- service and encourage new members to join that will reduce energy costs for not nities, and their spirit of selflessness the fire service. The Maine Fire Chiefs’ Asso- only this winter, but for future years and service should be rewarded. I am ciation joins the Fire Commission, the to come. proud to introduce this legislation with Maine State Federation of Firefighters, and many Maine fire departments in thanking Senators SCHUMER and BLUMENTHAL, For example, under this bill if a you for similar senate sponsorship. and I look forward to working with my The Maine Fire Chiefs’ Association thanks homeowner invests in energy efficiency colleagues to pass this bill through the you for your strong support of the fire serv- that will reduce heating oil consump- Senate and into law. ice and consideration of this important tion from 1,000 gallons of home heating Mr. President, I would ask for unani- issue. We welcome the opportunity to discuss oil to 800 gallons, a 20 percent improve- mous consent that a letter of support this proposal and other fire service issues at ment, the individual may claim 30 per- be printed in the RECORD. your convenience, cent of the cost of the improvements as There being no objection, the mate- Respectfully, a tax credit up to $2,000. rial was ordered to be printed in the CHIEF STEPHEN NICHOLS, President, In 2009, New England consumed 3.4 RECORD, as follows: Maine Fire Chiefs’ Association. billion gallons of home heating oil, MAINE FIRE CHIEFS’ ASSOCIATION, which is approximately $13 billion that Augusta Maine, November 8, 2011. By Ms. SNOWE (for herself, Mr. households spent simply to keep warm. Re ‘‘Volunteer Emergency Services Recruit- BINGAMAN, and Mrs. FEINSTEIN): ment and Retention Act of 2011.’’ S. 1914. A bill to amend the Internal A 20 percent reduction in this figure Hon. SUSAN M. COLLINS, ‘‘Revenue Code of 1986 to provide a would yield a savings of $2.6 billion for Dirksen Senate Office Building, credit for performance based home en- households in New England. Energy ef- Washington, DC. ergy improvements, and for other pur- ficiency can provide a critical tool to DEAR SENATOR COLLINS The Maine Fire poses; to the Committee on Finance. reduce this amount and allow house- Chiefs’ Association is a 425 member organiza- holds to invest in food, medicine, and tion that represents fire and EMS services in Ms. SNOWE. Mr. President, I rise to every county in the State of Maine. The speak about bipartisan legislation I am the American economy. I urge my col- Maine Fire Chiefs’ Association is charged introducing today, the Cut Energy leagues to support me in passing this with regularly advising the Legislature and Bills at Home Act, which would provide legislation into law.

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.002 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7835 SUBMITTED RESOLUTIONS SENATE RESOLUTION 335—HON- tors for recurrence, and an improved quality ORING THE LIFE AND LEGACY of life for breast cancer survivors; OF EVELYN H. LAUDER Whereas her work continues to help prom- SENATE RESOLUTION 334—DESIG- ising scientists who have equally promising, NATING THE WEEK OF NOVEM- Mrs. GILLIBRAND (for herself, Ms. imaginative, and innovative proposals get BER 6 THROUGH NOVEMBER 12, SNOWE, and Mrs. FEINSTEIN) submitted research off the ground; 2012, AS ‘‘VETERANS EDUCATION the following resolution; which was Whereas there is no doubt that we must considered and agreed to: find a cure, and research is instrumental to AWARENESS WEEK.’’ achieving this goal; Mr. MENENDEZ submitted the fol- S. RES. 335 Whereas this year, nearly 40,000 women of lowing resolution; which was referred Whereas with the passing of Evelyn H. the United States are expected to die of to the Committee on the Judiciary: Lauder, the world has lost an energetic and breast cancer; and S. RES. 334 dedicated friend and ally who catapulted to Whereas we must keep up the battle and recruit more heroes like Evelyn if we are to Whereas brave men and women throughout the world stage the quest to prevent and cure achieve ‘‘prevention and a cure in our life- the history of the United States have served breast cancer in this lifetime; time’’: Now, therefore, be it with honor in the United States Armed Whereas Evelyn was born Evelyn Hausner on August 12, 1936, in Vienna, Austria; Resolved, That the Senate— Forces; (1) mourns the loss of Evelyn H. Lauder; Whereas since President Franklin Roo- Whereas in 1940, the Hausner family fled Nazi-occupied Austria, eventually settling in (2) honors the life and accomplishments of sevelt signed the first GI Bill, the Service- Evelyn H. Lauder, a world renowned advo- men’s Readjustment Act of 1944 (58 Stat. 284, the State of New York, where Eveyln was a proud product of the New York City public cate for breast cancer awareness and health chapter 268), the Federal Government has of women; and provided Federal aid to help veterans read- school system and met her future husband of (3) offers the deepest condolences to the be- just to civilian life, including financial as- more than half a century, Leonard Lauder; loved husband, Leonard, sons, William and sistance for tuition, books, and supplies, and Whereas Evelyn and Leonard wed in July Gary, and 5 grandchildren of Evelyn H. other fees for education; 1959; Lauder. Whereas by the time the first GI Bill ex- Whereas, Evelyn joined the family cos- pired on July 25, 1956, approximately 7,800,000 metic company, Esteé Lauder, handling f of the 16,000,000 World War II veterans had many roles in the early years and later be- SENATE RESOLUTION 336—TO PER- coming Senior Corporate Vice President and participated in an education or training pro- MIT THE COLLECTION OF CLOTH- gram by using benefits provided through the Head of Fragrance Development Worldwide; GI Bill; Whereas Evelyn helped bring global aware- ING, TOYS, FOOD, AND Whereas recognizing the educational needs ness to breast cancer after being diagnosed HOUSEWARES DURING THE HOLI- for a new generation of veterans, Congress with early stages of the disease in 1987; DAY SEASON FOR CHARITABLE passed and President Bush signed the Post-9/ Whereas in 1989, Evelyn initiated the fund- PURPOSES IN SENATE BUILD- 11 Veterans Educational Assistance Act of raising drive to establish the Evelyn H. INGS Lauder Breast Cancer Center at Memorial 2008 (38 U.S.C. 3301 et seq.) to provide edu- Mr. REID of Nevada (for himself and cational benefits for veterans who have Sloan-Kettering Cancer Center in New York served in the United States Armed Forces City, which opened in 1992 and quickly be- Mr. MCCONNELL) submitted the fol- since September 11, 2001; came the model for similar breast cancer di- lowing resolution; which was consid- Whereas the Post-9/11 Veterans Edu- agnostic centers around the world; ered and agreed to: cational Assistance Act of 2008 provides edu- Whereas the expanded Evelyn H. Lauder S. RES. 336 cational benefits for veterans, including ac- Breast Cancer Center opened in 2009 and pro- Resolved, tive duty Army National Guard and Army vides the most up-to-date breast cancer pre- SECTION 1. COLLECTION OF CLOTHING, TOYS, Reserve members that significantly reduce vention, diagnosis, and outpatient treatment FOOD, AND HOUSEWARES DURING the cost of attending college; services under 1 roof; THE HOLIDAY SEASON FOR CHARI- Whereas according the Census Bureau, em- Whereas in 1992, Evelyn worked with long- TABLE PURPOSES IN SENATE BUILD- ployees with an associate degree earn 26.3 time friend Alexandra Penney, former edi- INGS. percent more than employees with only a tor-in-chief of SELF magazine, to create the (a) IN GENERAL.—Notwithstanding any high school diploma and employees with a Pink Ribbon Campaign for breast cancer; other provision of the rules or regulations of bachelor degree earn 87.4 percent more than Whereas Evelyn launched the Esteé Lauder the Senate— employees with only a high school diploma; Companies’ Breast Cancer Awareness Cam- (1) a Senator, officer of the Senate, or em- Whereas making postsecondary education paign, which has distributed more than ployee of the Senate may collect from an- and job training available is critical to cre- 115,000,000 pink ribbons worldwide; other Senator, officer of the Senate, or em- ating access to opportunity in the economy Whereas in 1993, Evelyn founded The ployee of the Senate within Senate buildings of the 21st century; Breast Cancer Research Foundation, thereby nonmonetary donations of clothing, toys, Whereas the lack of awareness of available affirming her commitment to preventing food, and housewares for charitable purposes educational benefits, or how to attain them, breast cancer and finding a cure in this life- related to serving persons in need or mem- can deter veterans from seeking postsec- time through funding some of the most inno- bers of the Armed Services and the families ondary education; vative clinical and translation research at of those members during the holiday season, Whereas according to a survey conducted leading medical centers worldwide; if the charitable purposes do not otherwise by the American Council on Education dur- Whereas The Breast Center Research Foun- violate any rule or regulation of the Senate ing the first year after the date of enactment dation, which to date funds 186 researchers or of Federal law; and of the Post-9/11 Veterans Educational Assist- around the world and has raised $350,000,000, (2) a Senator, officer of the Senate, or em- ance Act of 2008, 38 percent of survey re- has grown to become the largest national or- ployee of the Senate may work with a non- spondents reported having difficulty under- ganization dedicated exclusively to funding profit organization with respect to the deliv- standing and choosing the best education research relating to the causes, treatment ery of donations described under paragraph benefits for their needs; and and prevention of breast cancer; (1). (b) EXPIRATION.—The authority provided Whereas Veterans’ Education Awareness Whereas during Breast Cancer Awareness by this resolution shall expire at the end of Week is an appropriate time to make vet- Month in October 2010, Evelyn and the Esteé the first session of the 112th Congress. erans across the United States aware of the Lauder Companies’ Breast Cancer Awareness valuable information that they can access Campaign achieved a first-ever Guinness f through organizations such as Operation Col- World Record, ‘‘Most Landmarks Illumi- nated for a Cause in 24 Hours’’, by illu- AMENDMENTS SUBMITTED AND lege Promise, which provides ongoing up- PROPOSED dates on transitional assistance for military- minating 38 iconic landmarks, including the affiliated students: Now, therefore, be it Taj Mahal, the Tokyo Tower, the Hotel Ma- SA 1227. Mr. MCCAIN (for himself and Mr. Resolved, That the Senate designates the jestic, the Empire State Building, and Niag- PORTMAN) submitted an amendment intended week of November 6 through November 12, ara Falls; to be proposed by him to the bill S. 1867, to 2012, as ‘‘Veterans’ Education Awareness Whereas in October 2011, the Lauder family authorize appropriations for fiscal year 2012 Week’’ to raise public awareness about— was honored with the prestigious Carnegie for military activities of the Department of (1) the Post-9/11 Veterans Educational As- Medal of Philanthropy for commitment to Defense, for military construction, and for sistance Act of 2008; philanthropic endeavors and public service; defense activities of the Department of En- (2) the educational benefits to which vet- Whereas Evelyn will be remembered for ergy, to prescribe military personnel erans are entitled; and her vision and leadership in achieving fund- strengths for such fiscal year, and for other (3) the resources available to help veterans ing for promising scientific research that purposes; which was ordered to lie on the maximize educational benefits under the lead to breakthrough drugs, including table. Post-9/11 Veterans Educational Assistance Herceptin and Avastin, a better under- SA 1228. Mr. MCCAIN (for himself and Mr. Act of 2008. standing of how tumors develop and risk fac- PORTMAN) submitted an amendment intended

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.064 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7836 CONGRESSIONAL RECORD — SENATE November 18, 2011 to be proposed by him to the bill S. 1867, to the bill S. 1867, supra; which was ordered bill S. 1867, supra; which was ordered to lie supra; which was ordered to lie on the table. to lie on the table. on the table. SA 1229. Mr. MCCAIN submitted an amend- SA 1252. Mrs. FEINSTEIN (for herself and SA 1276. Mr. BAUCUS submitted an amendment intended to be proposed by him to the Mr. LEAHY) submitted an amendment in- ment intended to be proposed by him to the bill S. 1867, supra. tended to be proposed by her to the bill S. bill S. 1867, supra; which was ordered to lie SA 1230. Mr. MCCAIN submitted an amend- 1867, supra; which was ordered to lie on the on the table. ment intended to be proposed by him to the table. SA 1277. Mrs. MURRAY (for herself, Mr. bill S. 1867, supra. SA 1253. Mr. WYDEN submitted an amend- AKAKA, and Mr. BOOZMAN) submitted an SA 1231. Mr. SANDERS submitted an ment intended to be proposed by him to the amendment intended to be proposed by her amendment intended to be proposed by him bill S. 1867, supra. to the bill S. 1867, supra; which was ordered to the bill S. 1867, supra; which was ordered SA 1254. Mr. LIEBERMAN (for himself and to lie on the table. to lie on the table. Mr. CORNYN) submitted an amendment in- SA 1278. Mr. HOEVEN submitted an SA 1232. Mrs. HUTCHISON (for herself and tended to be proposed by him to the bill S. amendment intended to be proposed by him Mr. CORNYN) submitted an amendment in- 1867, supra; which was ordered to lie on the to the bill S. 1867, supra; which was ordered tended to be proposed by her to the bill S. table. to lie on the table. 1867, supra; which was ordered to lie on the SA 1255. Mr. NELSON, of Florida (for him- SA 1279. Mr. HOEVEN (for himself, Mr. table. self and Mr. SCHUMER) submitted an amend- TESTER, Mr. BLUNT, Mr. ENZI, and Mr. VIT- SA 1233. Mr. PORTMAN submitted an ment intended to be proposed by him to the TER) submitted an amendment intended to amendment intended to be proposed by him bill S. 1867, supra. be proposed by him to the bill S. 1867, supra; to the bill S. 1867, supra; which was ordered SA 1256. Mr. MERKLEY (for himself, Mr. which was ordered to lie on the table. to lie on the table. LEE, and Mr. PAUL) proposed an amendment SA 1280. Mr. MCCAIN submitted an amend- SA 1234. Mr. PORTMAN submitted an to the bill S. 1867, supra. ment intended to be proposed by him to the amendment intended to be proposed by him SA 1257. Mr. MERKLEY (for himself, Mr. bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra; which was ordered LEE, and Mr. PAUL) proposed an amendment on the table. to lie on the table. to the bill S. 1867, supra. SA 1281. Mr. MCCAIN submitted an amend- SA 1235. Mr. LIEBERMAN (for himself, Ms. SA 1258. Mr. MERKLEY proposed an ment intended to be proposed by him to the COLLINS, Mr. AKAKA, and Mr. LUGAR) sub- amendment to the bill S. 1867, supra. bill S. 1867, supra. mitted an amendment intended to be pro- SA 1259. Mr. BROWN, of Ohio submitted an SA 1282. Mr. THUNE submitted an amend- posed by him to the bill S. 1867, supra; which amendment intended to be proposed by him ment intended to be proposed by him to the was ordered to lie on the table. to the bill S. 1867, supra. bill S. 1867, supra; which was ordered to lie SA 1236. Mr. NELSON, of Florida sub- SA 1260. Mr. BROWN, of Ohio submitted an on the table. mitted an amendment intended to be pro- amendment intended to be proposed by him SA 1283. Mr. WICKER submitted an amend- posed by him to the bill S. 1867, supra. to the bill S. 1867, supra. ment intended to be proposed by him to the SA 1261. Mr. BROWN, of Ohio submitted an SA 1237. Mrs. SHAHEEN submitted an bill S. 1867, supra; which was ordered to lie amendment intended to be proposed by him amendment intended to be proposed by her on the table. to the bill S. 1867, supra; which was ordered to the bill S. 1867, supra. SA 1284. Mr. VITTER submitted an amend- SA 1262. Mr. BROWN, of Ohio submitted an to lie on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 1238. Mr. LEAHY submitted an amend- bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra. ment intended to be proposed by him to the SA 1263. Mr. BROWN, of Ohio submitted an on the table. bill S. 1867, supra; which was ordered to lie SA 1285. Ms. SNOWE (for herself and Ms. amendment intended to be proposed by him on the table. LANDRIEU) submitted an amendment in- to the bill S. 1867, supra. SA 1239. Mr. MERKLEY submitted an SA 1264. Mr. COONS submitted an amend- tended to be proposed by her to the bill S. amendment intended to be proposed by him ment intended to be proposed by him to the 1867, supra; which was ordered to lie on the to the bill S. 1867, supra. bill S. 1867, supra; which was ordered to lie table. SA 1240. Mr. WARNER submitted an SA 1286. Ms. MURKOWSKI submitted an on the table. amendment intended to be proposed by him SA 1265. Mr. COONS (for himself, Mrs. SHA- amendment intended to be proposed by her to the bill S. 1867, supra; which was ordered HEEN, and Mr. PORTMAN) submitted an to the bill S. 1867, supra. to lie on the table. amendment intended to be proposed by him SA 1287. Ms. MURKOWSKI submitted an SA 1241. Mr. WARNER submitted an to the bill S. 1867, supra; which was ordered amendment intended to be proposed by her amendment intended to be proposed by him to lie on the table. to the bill S. 1867, supra. to the bill S. 1867, supra; which was ordered SA 1266. Mr. WARNER submitted an SA 1288. Mr. RUBIO submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 1242. Mr. WARNER (for himself and Mr. to the bill S. 1867, supra; which was ordered bill S. 1867, supra; which was ordered to lie WEBB) submitted an amendment intended to to lie on the table. on the table. be proposed by him to the bill S. 1867, supra; SA 1267. Mr. BEGICH submitted an amend- SA 1289. Mr. RUBIO submitted an amend- which was ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 1243. Mr. WARNER (for himself and Mr. bill S. 1867, supra; which was ordered to lie bill S. 1867, supra; which was ordered to lie WEBB) submitted an amendment intended to on the table. on the table. be proposed by him to the bill S. 1867, supra; SA 1268. Mr. PAUL submitted an amend- SA 1290. Mr. RUBIO submitted an amend- which was ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 1244. Mr. MCCAIN submitted an amend- bill S. 1867, supra; which was ordered to lie bill S. 1867, supra. ment intended to be proposed by him to the on the table. SA 1291. Mr. RUBIO submitted an amend- bill S. 1867, supra; which was ordered to lie SA 1269. Mr. BOOZMAN (for himself, Mr. ment intended to be proposed by him to the on the table. CORNYN, Mr. PRYOR, and Mrs. HUTCHISON) bill S. 1867, supra. SA 1245. Mr. MCCAIN submitted an amend- submitted an amendment intended to be pro- SA 1292. Mr. LEVIN (for Mr. MENENDEZ (for ment intended to be proposed by him to the posed by him to the bill S. 1867, supra; which himself, Mr. REID, Mr. SCHUMER, Mr. CASEY, bill S. 1867, supra; which was ordered to lie was ordered to lie on the table. Mr. BROWN of Ohio , Mr. LAUTENBERG, Mr. on the table. SA 1270. Mr. PAUL submitted an amend- NELSON of Florida, Mr. CARDIN, and Mrs. SA 1246. Mr. MCCAIN submitted an amendment intended to be proposed by him to the GILLIBRAND)) proposed an amendment to the ment intended to be proposed by him to the bill S. 1867, supra; which was ordered to lie bill S. 1867, supra. bill S. 1867, supra. on the table. SA 1293. Mr. LEVIN proposed an amend- SA 1247. Mr. MCCAIN submitted an amend- SA 1271. Mr. SHELBY submitted an amendment to the bill S. 1867, supra. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 1294. Mr. LEVIN (for Mr. REED) pro- bill S. 1867, supra. bill S. 1867, supra; which was ordered to lie posed an amendment to the bill S. 1867, SA 1248. Mr. MCCAIN submitted an amend- on the table. supra. ment intended to be proposed by him to the SA 1272. Ms. SNOWE submitted an amend- SA 1295. Mr. AKAKA submitted an amend- bill S. 1867, supra. ment intended to be proposed by her to the ment intended to be proposed by him to the SA 1249. Mr. MCCAIN (for himself and Ms. bill S. 1867, supra; which was ordered to lie bill S. 1867, supra; which was ordered to lie AYOTTE) submitted an amendment intended on the table. on the table. to be proposed by him to the bill S. 1867, SA 1273. Mr. CRAPO submitted an amend- SA 1296. Mr. WYDEN submitted an amend- supra. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 1250. Mr. MCCAIN (for himself, Mr. bill S. 1867, supra; which was ordered to lie bill S. 1867, supra. BROWN of Massachusetts, and Mr. LIEBER- on the table. SA 1297. Mrs. MURRAY submitted an MAN) submitted an amendment intended to SA 1274. Mr. SESSIONS submitted an amendment intended to be proposed by her be proposed by him to the bill S. 1867, supra. amendment intended to be proposed by him to the bill S. 1867, supra; which was ordered SA 1251. Mr. WEBB (for himself, Mr. GRA- to the bill S. 1867, supra. to lie on the table. HAM, and Mr. BLUMENTHAL) submitted an SA 1275. Mr. BEGICH submitted an amend- SA 1298. Mr. WEBB (for himself and Mr. amendment intended to be proposed by him ment intended to be proposed by him to the GRAHAM) submitted an amendment intended

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to be proposed by him to the bill S. 1867, to the bill S. 1867, supra; which was ordered BLUMENTHAL, Mr. BLUNT, Mr. BOOZMAN, Mrs. supra; which was ordered to lie on the table. to lie on the table. BOXER, Mr. BROWN of Massachusetts, Mr. SA 1299. Mr. LEVIN submitted an amend- SA 1320. Mr. LIEBERMAN (for himself, Mr. BROWN of Ohio, Mr. BURR, Ms. CANTWELL, Mr. ment intended to be proposed by him to the INHOFE, and Mr. GRAHAM) submitted an CARDIN, Mr. CARPER, Mr. CASEY, Mr. COATS, bill S. 1867, supra; which was ordered to lie amendment intended to be proposed by him Mr. CONRAD, Mr. COONS, Mr. CORKER, Mr. on the table. to the bill S. 1867, supra; which was ordered CRAPO, Mr. DURBIN, Mr. ENZI, Mrs. FEIN- SA 1300. Mr. LEVIN submitted an amend- to lie on the table. STEIN, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. ment intended to be proposed by him to the SA 1321. Mr. REED submitted an amend- GRASSLEY, Mrs. HAGAN, Mr. HARKIN, Mr. bill S. 1867, supra; which was ordered to lie ment intended to be proposed to amendment HELLER, Mr. HOEVEN, Mr. INHOFE, Mr. on the table. SA 1072 submitted by Mr. LEAHY (for himself, INOUYE, Mr. JOHANNS, Mr. JOHNSON of Wis- SA 1301. Mr. LEVIN submitted an amend- Mr. GRAHAM, Mr. ROCKEFELLER, Ms. AYOTTE, consin, Mr. JOHNSON of South Dakota, Ms. ment intended to be proposed by him to the Mr. AKAKA, Mr. ALEXANDER, Mr. BAUCUS, Mr. KLOBUCHAR, Ms. LANDRIEU, Mr. LAUTENBERG, bill S. 1867, supra; which was ordered to lie BEGICH, Mr. BENNET, Mr. BINGAMAN, Mr. Mr. LEE, Mr. LUGAR, Mr. MANCHIN, Mrs. on the table. BLUMENTHAL, Mr. BLUNT, Mr. BOOZMAN, Mrs. MCCASKILL, Mr. MENENDEZ, Mr. MERKLEY, SA 1302. Mr. LEVIN submitted an amend- BOXER, Mr. BROWN of Massachusetts, Mr. Ms. MIKULSKI, Mr. MORAN, Mrs. MURRAY, Mr. ment intended to be proposed by him to the BROWN of Ohio, Mr. BURR, Ms. CANTWELL, Mr. NELSON of Nebraska, Mr. PRYOR, Mr. RISCH, bill S. 1867, supra; which was ordered to lie CARDIN, Mr. CARPER, Mr. CASEY, Mr. COATS, Mr. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, on the table. Mr. CONRAD, Mr. COONS, Mr. CORKER, Mr. Ms. SNOWE, Ms. STABENOW, Mr. TESTER, Mr. SA 1303. Mr. LEVIN (for himself and Mr. CRAPO, Mr. DURBIN, Mr. ENZI, Mrs. FEIN- UDALL of Colorado, Mr. VITTER, Mr. WARNER, MCCAIN) submitted an amendment intended STEIN, Mr. FRANKEN, Mrs. GILLIBRAND, Mr. Mr. WHITEHOUSE, Mr. WYDEN, Mr. TOOMEY, to be proposed by him to the bill S. 1867, GRASSLEY, Mrs. HAGAN, Mr. HARKIN, Mr. and Mr. KERRY) to the bill S. 1867, supra; supra; which was ordered to lie on the table. HELLER, Mr. HOEVEN, Mr. INHOFE, Mr. which was ordered to lie on the table. SA 1304. Mr. CHAMBLISS (for himself, Mr. INOUYE, Mr. JOHANNS, Mr. JOHNSON of Wis- SA 1334. Mr. INHOFE submitted an amend- ISAKSON, Mr. INHOFE, Mr. HATCH, Mr. LEE, consin, Mr. JOHNSON of South Dakota, Ms. ment intended to be proposed by him to the and Mr. COBURN) proposed an amendment to KLOBUCHAR, Ms. LANDRIEU, Mr. LAUTENBERG, bill S. 1867, supra; which was ordered to lie the bill S. 1867, supra. Mr. LEE, Mr. LUGAR, Mr. MANCHIN, Mrs. on the table. SA 1305. Mr. BENNET submitted an MCCASKILL, Mr. MENENDEZ, Mr. MERKLEY, SA 1335. Mr. LUGAR submitted an amend- amendment intended to be proposed by him Ms. MIKULSKI, Mr. MORAN, Mrs. MURRAY, Mr. ment intended to be proposed by him to the to the bill S. 1867, supra; which was ordered NELSON of Nebraska, Mr. PRYOR, Mr. RISCH, bill S. 1867, supra; which was ordered to lie to lie on the table. Mr. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, on the table. SA 1306. Mr. SANDERS submitted an Ms. SNOWE, Ms. STABENOW, Mr. TESTER, Mr. SA 1336. Mr. INHOFE submitted an amend- amendment intended to be proposed by him UDALL of Colorado, Mr. VITTER, Mr. WARNER, ment intended to be proposed by him to the to the bill S. 1867, supra; which was ordered Mr. WHITEHOUSE, Mr. WYDEN, Mr. TOOMEY, bill S. 1867, supra; which was ordered to lie to lie on the table. and Mr. KERRY) to the bill S. 1867, supra; on the table. SA 1307. Mr. BARRASSO (for himself, Mr. which was ordered to lie on the table. SA 1337. Mr. INHOFE submitted an amend- ENZI, Mr. CONRAD, Mr. BAUCUS, and Mr. SA 1322. Mr. VITTER submitted an amendment intended to be proposed by him to the TESTER) submitted an amendment intended ment intended to be proposed by him to the bill S. 1867, supra; which was ordered to lie to be proposed by him to the bill S. 1867, bill S. 1867, supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. on the table. SA 1338. Mr. INHOFE submitted an amend- SA 1308. Mr. BARRASSO (for himself and SA 1323. Mr. BENNET (for himself and Mrs. ment intended to be proposed by him to the Mr. CORNYN) submitted an amendment in- GILLIBRAND) submitted an amendment in- bill S. 1867, supra; which was ordered to lie tended to be proposed by him to the bill S. tended to be proposed by him to the bill S. on the table. 1867, supra; which was ordered to lie on the 1867, supra; which was ordered to lie on the SA 1339. Mr. INHOFE submitted an amend- table. table. ment intended to be proposed by him to the SA 1309. Mr. RUBIO submitted an amend- SA 1324. Mr. COCHRAN (for himself and bill S. 1867, supra; which was ordered to lie ment intended to be proposed by him to the Mr. WICKER) submitted an amendment in- on the table. bill S. 1867, supra; which was ordered to lie tended to be proposed by him to the bill S. SA 1340. Mr. INHOFE submitted an amend- on the table. 1867, supra; which was ordered to lie on the ment intended to be proposed by him to the SA 1310. Mr. KIRK (for himself, Mr. KYL, table. bill S. 1867, supra; which was ordered to lie Mr. DEMINT, and Mr. SESSIONS) submitted an SA 1325. Mr. BARRASSO submitted an on the table. amendment intended to be proposed by him amendment intended to be proposed by him SA 1341. Mr. NELSON of Florida (for him- to the bill S. 1867, supra; which was ordered to the bill S. 1867, supra; which was ordered self and Mr. RUBIO) submitted an amendment to lie on the table. to lie on the table. intended to be proposed to amendment SA SA 1311. Mr. KIRK submitted an amend- SA 1326. Mr. RISCH submitted an amend- 1243 submitted by Mr. WARNER (for himself ment intended to be proposed by him to the ment intended to be proposed by him to the and Mr. WEBB) and intended to be proposed bill S. 1867, supra; which was ordered to lie bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra; which was ordered on the table. on the table. to lie on the table. SA 1312. Mr. KERRY submitted an amend- SA 1327. Mr. BENNET submitted an SA 1342. Mr. PAUL submitted an amendment intended to be proposed by him to the amendment intended to be proposed by him ment intended to be proposed by him to the bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra; which was ordered bill H.R. 2354, making appropriations for en- on the table. to lie on the table. ergy and water development and related SA 1313. Mr. HATCH submitted an amend- SA 1328. Mr. CONRAD submitted an agencies for the fiscal year ending Sep- ment intended to be proposed by him to the amendment intended to be proposed by him tember 30, 2012, and for other purposes; which bill S. 1867, supra; which was ordered to lie to the bill S. 1867, supra; which was ordered was ordered to lie on the table. on the table. to lie on the table. SA 1343. Mr. WICKER (for himself, Mr. SA 1314. Mr. HATCH submitted an amend- SA 1329. Mr. REED submitted an amend- BOOZMAN, and Mr. INHOFE) submitted an ment intended to be proposed by him to the ment intended to be proposed by him to the amendment intended to be proposed by him bill S. 1867, supra; which was ordered to lie bill S. 1867, supra; which was ordered to lie to the bill H.R. 2354, supra; which was or- on the table. on the table. dered to lie on the table. SA 1315. Mr. HATCH submitted an amend- SA 1330. Mr. WEBB submitted an amend- f ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 1867, supra; which was ordered to lie bill S. 1867, supra; which was ordered to lie TEXT OF AMENDMENTS on the table. on the table. SA 1227. Mr. MCCAIN (for himself and SA 1316. Mr. HATCH (for himself and Mr. SA 1331. Mr. UDALL, of Colorado sub- Mr. PORTMAN) submitted an amend- CHAMBLISS) submitted an amendment in- mitted an amendment intended to be pro- tended to be proposed by him to the bill S. posed by him to the bill S. 1867, supra; which ment intended to be proposed by him 1867, supra; which was ordered to lie on the was ordered to lie on the table. to the bill S. 1867, to authorize appro- table. SA 1332. Mr. LIEBERMAN (for himself and priations for fiscal year 2012 for mili- SA 1317. Mr. PORTMAN submitted an Mr. CORNYN) submitted an amendment in- tary activities of the Department of amendment intended to be proposed by him tended to be proposed by him to the bill S. Defense, for military construction, and to the bill S. 1867, supra; which was ordered 1867, supra; which was ordered to lie on the for defense activities of the Depart- to lie on the table. table. ment of Energy, to prescribe military SA 1333. Mr. INHOFE submitted an amend- SA 1318. Mr. BENNET submitted an personnel strengths for such fiscal amendment intended to be proposed by him ment intended to be proposed to amendment to the bill S. 1867, supra; which was ordered SA 1072 submitted by Mr. LEAHY (for himself, year, and for other purposes; which was to lie on the table. Mr. GRAHAM, Mr. ROCKEFELLER, Ms. AYOTTE, ordered to lie on the table; as follows: SA 1319. Mr. SANDERS submitted an Mr. AKAKA, Mr. ALEXANDER, Mr. BAUCUS, Mr. At the end of subtitle G of title X, add the amendment intended to be proposed by him BEGICH, Mr. BENNET, Mr. BINGAMAN, Mr. following:

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.070 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7838 CONGRESSIONAL RECORD — SENATE November 18, 2011 SEC. 1080. COMPTROLLER GENERAL REPORT ON At the end of subtitle H of title X, add the ‘‘(B) Effective as of October 1, 2013, the DEPARTMENT OF DEFENSE SCIENCE following: Secretary shall increase the amount of the AND TECHNOLOGY PROGRAMS. SEC. 1088. CYBERSECURITY COLLABORATION BE- fee payable for enrollment in TRICARE (a) STUDY.—The Comptroller General of TWEEN THE DEPARTMENT OF DE- Prime on an annual basis by a percentage the United States shall conduct a study on FENSE AND THE DEPARTMENT OF equal to the percentage of the most recent unnecessary redundancies, inefficiencies, and HOMELAND SECURITY. annual increase in the National Health Ex- gaps in Department of Defense 6.1–6.3 (a) INTERDEPARTMENTAL COLLABORATION.— penditures per capita, as published by the Science and Technology (S&T) programs. (1) IN GENERAL.—The Secretary of Defense Secretary of Health and Human Services. The study shall— and the Secretary of Homeland Security ‘‘(C) Any increase under this paragraph in (1) focus on S&T programs within the shall provide personnel, equipment, and fa- the fee payable for enrollment shall be effec- Army, Navy, and Air Force, as well as pro- cilities in order to increase interdepart- tive as of October 1 following the date on grams run by the Office of the Secretary of mental collaboration with respect to— which such increase is made. Defense; (A) strategic planning for the cybersecu- ‘‘(2) The Secretary shall publish in the (2) describe options for consolidation and rity of the United States; Federal Register the amount of the fee pay- cost-savings, if any; (B) mutual support for cybersecurity capa- able for enrollment in TRICARE Prime (3) assess how the military departments bilities development; and whenever increased pursuant to this sub- and the Office of the Secretary of Defense (C) synchronization of current operational section.’’. are aligning their programs with the seven cybersecurity mission activities. (b) CLARIFICATION OF APPLICATION FOR S&T strategic investment priorities identi- (2) EFFICIENCIES.—The collaboration pro- 2013.—For purposes of determining the en- fied by the Assistant Secretary of Defense vided for under paragraph (1) shall be de- rollment fees for TRICARE Prime for 2013 for Research and Engineering: Data to Deci- signed— under the first sentence of section 1097a(c) of sions, Engineered Resilient Systems, Cyber (A) to improve the efficiency and effective- title 10, United States Code (as added by sub- Science and Technology, Electronic Warfare/ ness of requirements formulation and re- section (a)), the amount of the enrollment Electronic Protection, Counter Weapons of quests for products, services, and technical fee in effect during 2012 shall be deemed to be Mass Destruction, Autonomy, and Human assistance for, and coordination and per- the following: Systems; and formance assessment of, cybersecurity mis- (1) $260 for individual enrollment. (4) assess how the military departments sions executed across a variety of Depart- (2) $520 for family enrollment. and the Office of the Secretary of Defense ment of Defense and Department of Home- are coordinating efforts with respect to du- land Security elements; and SA 1231. Mr. SANDERS submitted an plicative programs, if any. (B) to leverage the expertise of each indi- amendment intended to be proposed by (b) REPORT.—Not later than January 1, vidual Department and to avoid duplicating, him to the bill S. 1867, to authorize ap- 2013, the Comptroller General shall submit to replicating, or aggregating unnecessarily the propriations for fiscal year 2012 for the congressional defense committees a re- diverse line organizations across technology military activities of the Department port on the findings of the study conducted developments, operations, and customer sup- under subsection (a). of Defense, for military construction, port that collectively execute the cybersecu- and for defense activities of the De- rity mission of each Department. SA 1228. Mr. MCCAIN (for himself and partment of energy, to prescribe mili- (b) RESPONSIBILITIES.— Mr. PORTMAN) submitted an amend- tary personnel strengths for such fiscal (1) DEPARTMENT OF HOMELAND SECURITY.— ment intended to be proposed by him The Secretary of Homeland Security shall year, and for other purposes; which was to the bill S. 1867, to authorize appro- identify and assign, in coordination with the ordered to lie on the table; as follows: priations for fiscal year 2012 for mili- Department of Defense, a Director of Cyber- At the end of subtitle B of title II, add the tary activities of the Department of security Coordination within the Depart- following: Defense, for military construction, and ment of Homeland Security to undertake SEC. 215. ADDITIONAL AMOUNT FOR RESEARCH, for defense activities of the Depart- collaborative activities with the Department DEVELOPMENT, TEST, AND EVALUA- of Defense. TION, ARMY FOR CONTINUATION OF ment of Energy, to prescribe military INNOVATIVE RESEARCH ON ILL- personnel strengths for such fiscal (2) DEPARTMENT OF DEFENSE.—The Sec- retary of Defense shall identify and assign, NESSES ASSOCIATED WITH SERVICE IN THE PERSIAN GULF WAR. year, and for other purposes; which was in coordination with the Department of ordered to lie on the table; as follows: The amount authorized to be appropriated Homeland Security, one or more officials by section 201 for research, development, At the end of subtitle G of title X, add the within the Department of Defense to coordi- test, and evaluation for the Army is hereby following: nate, oversee, and execute collaborative ac- increased by $10,000,000, with the amount of SEC. 1080. COMPTROLLER GENERAL REPORT ON tivities and the provision of cybersecurity the increase to be available for Basic Re- SCIENCE, TECHNOLOGY, ENGINEER- support to the Department of Homeland Se- search for the peer-reviewed Gulf War Illness ING, AND MATH (STEM) INITIATIVES. curity. (a) STUDY.—The Comptroller General of Research Program of the Army run by Con- the United States shall conduct a study as- gressionally Directed Medical Research Pro- SA 1230. Mr. MCCAIN submitted an grams for the continuation of innovative re- sessing Science, Technology, Engineering, amendment intended to be proposed by and Math (STEM) initiatives of the Depart- search on illnesses associated with service in ment of Defense. The study shall— him to the bill S. 1867, to authorize ap- the Persian Gulf War in order to identify ef- (1) determine which programs are ineffec- propriations for fiscal year 2012 for fective treatments, improve definition and tive, and which are unnecessarily redundant military activities of the Department diagnosis, and better understand within the Department of Defense; of Defense, for military construction, pathobiology and symptoms. (2) describe options for consolidation and and for defense activities of the De- SA 1232. Mrs. HUTCHISON (for her- elimination of programs identified under partment of Energy, to prescribe mili- self and Mr. CORNYN) submitted an paragraph (1); and tary personnel strengths for such fiscal amendment intended to be proposed by (3) describe options for how the Depart- year, and for other purposes; as fol- ment and other Federal departments and her to the bill S. 1867, to authorize ap- lows: agencies can work together on similar initia- propriations for fiscal year 2012 for tives without unnecessary duplication of On page 220, strike line 13 and all that fol- military activities of the Department funding. lows through page 221, line 6, and insert the of Defense, for military construction, (b) REPORT.—Not later than January 1, following: 2013, the Comptroller General shall submit to ‘‘(c) COST-OF-LIVING ADJUSTMENT IN EN- and for defense activities of the De- the congressional defense committees a re- ROLLMENT FEE.—(1)(A) Whenever after Sep- partment of Energy, to prescribe mili- port on the findings of the study conducted tember 30, 2012, and before October 1, 2013, tary personnel strengths for such fiscal under subsection (a). the Secretary of Defense increases the re- year, and for other purposes; which was tired pay of members and former members of ordered to lie on the table; as follows: Mr. MCCAIN submitted an SA 1229. the armed forces pursuant to section 1401a of At the end of subtitle H of title X, add the amendment intended to be proposed by this title, the Secretary shall increase the following: him to the bill S. 1867, to authorize ap- amount of the fee payable for enrollment in SEC. 1088. SENSE OF SENATE ON RELOCATION OF propriations for fiscal year 2012 for TRICARE Prime by an amount equal to the HEADQUARTERS OF THE UNITED military activities of the Department percentage of such fee payable on the day be- STATES AFRICA COMMAND TO THE of Defense, for military construction, fore the date of the increase of such fee that CONTINENTAL UNITED STATES. and for defense activities of the De- is equal to the percentage increase in such It is the sense of the Senate that— retired pay. In determining the amount of (1) the headquarters and staff of the United partment of Energy, to prescribe mili- the increase in such retired pay for purposes States Africa Command (AFRICOM) should tary personnel strengths for such fiscal of this subparagraph, the Secretary shall use be moved from their current location in year, and for other purposes; as fol- the amount computed pursuant to section Stuttgart, Germany, to a more suitable loca- lows: 1401a(b)(2) of this title. tion in the continental United States;

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.072 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7839 (2) the Secretary of Defense should seek to SA 1235. Mr. LIEBERMAN (for him- (8) INTERAGENCY ROTATIONAL SERVICE.—The complete the permanent relocation of the self, Ms. COLLINS, Mr. AKAKA, and Mr. term ‘‘interagency rotational service’’ headquarters and staff of the United States LUGAR) submitted an amendment in- means service by an employee in— Africa Command to the continental United tended to be proposed by him to the (A) an ICI position that is— States within a reasonable time, taking into bill S. 1867, to authorize appropriations (i) in— account appropriate strategic, logistic, and (I) a covered agency other than the covered economic considerations; and for fiscal year 2012 for military activi- agency employing the employee; or (3) by not later than six months after the ties of the Department of Defense, for (II) an interagency body, without regard to date of the enactment of this Act, the Sec- military construction, and for defense whether the employee is employed by the retary of Defense should submit to the con- activities of the Department of Energy, agency in which the interagency body is lo- gressional defense committees a report set- to prescribe military personnel cated; and ting forth— strengths for such fiscal year, and for (ii) in the same ICI as the position in which (A) a description of suitable locations in other purposes; which was ordered to the employee serves or has served before the continental United States for the head- lie on the table; as follows: serving in that ICI position; or quarters and staff of the United States Afri- (B) in a position in an interagency body At the appropriate place, insert the fol- ca Command; and identified under section 05(c)(2)(B). lowing: ll (B) a plan for relocating those head- (9) NATIONAL SECURITY INTERAGENCY COM- lll quarters and staff from Stuttgart, Germany, TITLE —INTERAGENCY PERSONNEL MUNITY OF INTEREST.—The term ‘‘National to the continental United States. ROTATIONS Security Interagency Community of Inter- SEC. ll01. SHORT TITLE. est’’ means the positions in the executive SA 1233. Mr. PORTMAN submitted an This title may be cited as the ‘‘Interagency branch of the Government that— amendment intended to be proposed by Personnel Rotation Act of 2011’’. (A) as a group are positions within mul- him to the bill S. 1867, to authorize ap- SEC. ll02. FINDING AND PURPOSE. tiple agencies of the executive branch of the (a) FINDING.—Congress finds that the na- propriations for fiscal year 2012 for Government; and tional security and homeland security chal- (B) have significant responsibility for the military activities of the Department lenges of the 21st century require that execu- same substantive, functional, or regional of Defense, for military construction, tive branch personnel use a whole-of-Govern- subject area related to national security or and for defense activities of the De- ment approach in order for the United States homeland security that requires integration partment of Energy, to prescribe mili- Government to operate in the most effective of the positions and activities in that area tary personnel strengths for such fiscal and efficient manner. across multiple agencies to ensure that the (b) PURPOSE.—The purpose of this title is executive branch of the Government oper- year, and for other purposes; which was to increase the efficiency and effectiveness ates as a single, cohesive enterprise to maxi- ordered to lie on the table; as follows: of the Government by fostering greater mize mission success and minimize cost. At the end of subtitle C of title XXXI, add interagency experience among executive OLITICAL APPOINTEE.—The term ‘‘po- branch personnel on national security and (10) P the following: litical appointee’’ means an individual who— SEC. 3124. SENSE OF CONGRESS ON MAINTAINING homeland security matters involving more than 1 agency. (A) is employed in a position described A DOMESTIC SOURCE OF ENRICHED under sections 5312 through 5316 of title 5, URANIUM. SEC. ll03. DEFINITIONS. In this title: United States Code, (relating to the Execu- It is the sense of Congress that the United tive Schedule); States should maintain a domestic source of (1) AGENCY.—The term ‘‘agency’’ has the meaning given the term ‘‘Executive agency’’ (B) is a noncareer appointee in the Senior enriched uranium to meet the long-term Executive Service, as defined under para- tritium requirements of the United States, under section 105 of title 5, United States Code. graph (7) of section 3132(a) of title 5, United to ensure the safety and reliability of the nu- States Code; or clear arsenal of the United States, and to (2) COMMITTEE.—The term ‘‘Committee’’ means the Committee on National Security (C) is employed in a position in the execu- fulfill the nuclear nonproliferation policies tive branch of the Government of a confiden- of the United States. Personnel established under section ll04(a). tial or policy-determining character under (3) COVERED AGENCY.—The term ‘‘covered schedule C of subpart C of part 213 of title 5 SA 1234. Mr. PORTMAN submitted an of the Code of Federal Regulations. amendment intended to be proposed by agency’’ means an agency that is part of an ICI. (11) SENIOR POSITION.—The term ‘‘senior him to the bill S. 1867, to authorize ap- (4) ICI.—The term ‘‘ICI’’ means a National position’’ means— propriations for fiscal year 2012 for Security Interagency Community of Interest (A) a Senior Executive Service position, as military activities of the Department identified by the Committee under section defined in section 3132(a)(2) of title 5, United of Defense, for military construction, ll05(a). States Code; and for defense activities of the De- (5) ICI POSITION.—The term ‘‘ICI posi- (B) a position in the Senior Foreign Serv- tion’’— ice established under the Foreign Service partment of Energy, to prescribe mili- Act of 1980 (22 U.S.C. 3901 et seq.); tary personnel strengths for such fiscal (A) means— (i) a position that— (C) a position in the Federal Bureau of In- year, and for other purposes; which was (I) is identified by the head of a covered vestigation and Drug Enforcement Adminis- ordered to lie on the table; as follows: agency as a position within the covered tration Senior Executive Service established On page 467, strike line 13 and all that fol- agency that has significant responsibility for under section 3151 of title 5, United States lows through page 468, line 13, and insert the the subject area of the ICI in which the posi- Code; following: tion is located and for activities that involve (D) a position filled by a limited term ap- (j) NOTICE AND WAIT.— more than 1 agency; pointee or limited emergency appointee in (1) PROGRAMS OF ASSISTANCE.—Funds may (II) is a position in the civil service (as de- the Senior Executive Service, as defined not be obligated for a program of assistance fined in section 2101(1) of title 5, United under paragraphs (5) and (6), respectively, of under subsection (b) until 15 days after the States Code) in the executive branch of the section 3132(a) of title 5, United States Code; date on which the specified congressional Government (including a position in the For- and committees are notified in writing of the eign Service) at or above GS–11 of the Gen- (E) any other equivalent position identi- proposed obligation, including a detailed jus- eral Schedule or at a level of responsibility fied by the Committee. tification for the use of the applicable au- comparable to a position at or above GS–11 SEC. ll04. COMMITTEE ON NATIONAL SECURITY thority and the activities to be undertaken of the General Schedule; and PERSONNEL. (including objectives, an execution plan, and (III) is a position within an ICI; or (a) ESTABLISHMENT.—There is established the anticipated date of completion). (ii) a position in an interagency body iden- the Committee on National Security Per- (2) EXERCISE OF TRANSFER AUTHORITY.—Not tified as an ICI position under section sonnel within the Executive Office of the less than 15 days before a transfer under the ll05(c)(2)(A); and President. authority of subsection (g), the Secretary of (B) shall not include— (b) MEMBERSHIP.—The members of the State and the Secretary of Defense shall (i) any position described under paragraph Committee shall be the Director of the Office jointly notify the specified congressional (10)(A) or (C); or of Management and Budget, the Director of committees of the transfer of funds into the (ii) any position filled by an employee de- the Office of Personnel Management, and the Fund. scribed under paragraph (10)(B). Assistant to the President for National Secu- (k) REPORTS.—The Secretary of State and (6) INTELLIGENCE COMMUNITY.—The term rity Affairs. the Secretary of Defense shall jointly submit ‘‘intelligence community’’ has the meaning (c) CHAIRPERSON.—The Director of the Of- to the specified congressional committees on given under section 3(4) of the National Se- fice of Management and Budget shall be the a biannual basis a report on obligations of curity Act of 1947 (50 U.S.C. 401a(4)). Chairperson of the Committee. funds or transfers into the Fund, and the sta- (7) INTERAGENCY BODY.—The term ‘‘inter- (d) FUNCTIONS.— tus of activities under this section, as of the agency body’’ means an entity or component (1) IN GENERAL.—The Committee shall per- date of such report. identified under section ll05(c)(1). form the functions as provided under this

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title to implement this title and shall vali- Executive Order 13434 or to design, admin- (b) ROTATIONS.— date the actions taken by the heads of cov- ister, or report on the creation of a national (1) IN GENERAL.—The Committee shall pro- ered agencies to implement the directives security professional development system, vide for employees serving in an ICI position issued and meet the standards established cadre of national security professionals, or to be assigned on a rotational basis to an- under paragraph (2). any personnel rotations, education, or train- other ICI position that is— (2) DIRECTIVES AND STANDARDS.— ing for individuals involved in interagency (A) within another covered agency or with- (A) IN GENERAL.—In consultation with the activities or who are national security pro- in an interagency body; and Director of the Office of Personnel Manage- fessionals who are not employed by the De- (B) within the same ICI. ment and the Assistant to the President for partment of Defense. Nothing in this sub- (2) EXCEPTION.—An employee may be as- National Security Affairs, the Director of clause shall be construed to prohibit the Sec- signed to an ICI position in another covered the Office of Management and Budget shall retary of Defense from establishing or desig- agency or in an interagency body that is not issue directives and establish standards re- nating an office to administer interagency in the ICI applicable to an ICI position in lating to the implementation of this title. rotations by, or the interagency activities which the employee serves or has served if— (B) USE BY COVERED AGENCIES.—The head of of, employees of the Department of Defense. (A) the employee has particular non- each covered agency shall carry out the re- (II) TRANSFER OF FUNCTIONS.—Effective on governmental or other expertise or skills sponsibilities under this title in accordance the date of enactment of this Act, there are that are relevant to the assigned ICI posi- with the directives issued and standards es- transferred to the Office of Management and tion; and tablished by the Director of the Office of Budget or the Office of Personnel Manage- (B) the head of the covered agency employ- Management and Budget. ment, as determined appropriate by the ing the employee, the head of the covered (e) SUPPORT AND IMPLEMENTATION.— Committee, the functions of the National Se- agency to which the assignment is made, and (1) BOARD.—There is established a board to curity Professional Development Integration the Committee approve the assignment. assist the Committee, which shall be com- Office of the Department of Defense. (3) NONREIMBURSABLE BASIS.—Service by an posed of 1 designee (who shall be serving in (III) FUNDS.—Effective on the date of en- employee in an ICI position in another cov- an Executive Schedule position at level III) actment of this Act, all unobligated balances ered agency or in an interagency body that selected by— made available for the activities of the Na- is not within the agency employing the em- (A) the Secretary of State; tional Security Professional Development ployee shall be performed without reim- (B) the Secretary of Defense; Integration Office of the Department of De- bursement. (C) the Secretary of Homeland Security; fense are rescinded. (4) RETURN TO PRIOR POSITION.—Except as (D) the Attorney General; provided otherwise by the Committee, an (E) the Secretary of the Treasury; SEC. ll05. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF INTEREST. employee performing service in an ICI posi- (F) the Secretary of Energy; tion in another covered agency or inter- (G) the Secretary of Health and Human (a) IDENTIFICATION OF ICIS.—Subject to sec- agency body or in a position designated Services; tion ll08, the Committee— under section ll05(c)(2)(B) shall be entitled (H) the Secretary of Commerce; (1) shall identify ICIs on an ongoing basis to return to the position held by the em- (I) the Director of National Intelligence; for purposes of carrying out this title; and ployee in the covered agency employing the and (2) may alter or discontinue an ICI identi- employee within a reasonable period of time (J) the head of any other agency deter- fied under paragraph (1). after the end of the period of service. mined appropriate by the Committee. (b) IDENTIFICATION OF ICI POSITIONS.—The (2) CHIEF HUMAN CAPITAL OFFICERS COUN- head of each covered agency shall identify (c) SELECTION OF ICI POSITIONS OPEN FOR CIL.—The Chief Human Capital Officers ICI positions within the covered agency. ROTATIONAL SERVICE.— Council shall provide advice to the Com- (c) INTERAGENCY BODIES.— (1) IN GENERAL.—The head of each covered mittee regarding technical human capital (1) IDENTIFICATION.— agency shall determine which ICI positions issues. (A) IN GENERAL.—The Committee shall in the covered agency shall be available for (3) COVERED AGENCY OFFICIALS.— identify— service by employees from another covered (A) IN GENERAL.—The head of each covered (i) entities in the executive branch of the agency and may modify a determination agency shall designate an officer and office Government that are primarily involved in under this paragraph. within that covered agency with responsi- interagency activities relating to national (2) LIST.—The Committee shall maintain a bility for the implementation of this title. security or homeland security; and single, integrated list of ICI positions and of (B) EXISTING OFFICES.—If an officer or of- (ii) components of agencies that are pri- positions available for service by employees fice of a covered agency is designated as the marily involved in interagency activities re- from another covered agency under this sec- officer or office within the covered agency lating to national security or homeland se- tion and shall make the list available to Fed- with responsibility for the implementation curity and have a mission distinct from the eral employees on an ongoing basis in order of Executive Order 13434 for the covered agency within which the component is lo- to facilitate applications for the positions agency on the date of enactment of this Act, cated. and long-term career planning by employees the head of the covered agency shall des- (B) CERTAIN BODIES.— of the executive branch of the Government, ignate the officer or office as the officer or (i) IN GENERAL.—The Committee shall iden- except to the extent that the Committee de- office within the covered agency with re- tify the National Security Council and the termines that the identity of certain posi- sponsibility for the implementation of this Directorate of Strategic Operational Plan- tions should not be distributed in order to title. ning of the National Counterterrorism Cen- protect national security or homeland secu- (4) STAFF.— ter as interagency bodies under this para- rity. (A) IN GENERAL.—Not more than 3 full-time graph. (d) MINIMUM PERIOD FOR SERVICE.—With re- equivalent employees may be hired to assist (ii) FBI ROTATIONS.—Joint Terrorism Task the Committee in implementation of this Forces shall not be considered interagency spect to the period of service in an ICI posi- title, who may be employees of the Office of bodies for purposes of service by employees tion in another covered agency or inter- Management and Budget or the Office of Per- of the Federal Bureau of Investigation. agency body, the Committee— sonnel Management. Any employee trans- (C) DUTIES OF HEAD OF COVERED AGENCY.— (1) shall, notwithstanding any other provi- ferred under subparagraph (B)(ii)(II) shall be The Committee shall designate the Federal sion of law, ensure that the period of service deemed to be an employee hired for purposes officer who shall perform the duties of the is sufficient to gain an adequately detailed of the authorization under this subpara- head of a covered agency relating to ICI posi- understanding and perspective of the covered graph. tions within an interagency body. agency or interagency body at which the employee is assigned; (B) FUNDING.— (2) POSITIONS IN INTERAGENCY BODIES.—The (2) may provide for different periods for (i) AUTHORIZATION OF APPROPRIATIONS.— officials designated under paragraph (1)(C) There are authorized to be appropriated for shall identify— service, depending upon the nature of the po- each of fiscal years 2012 through 2016 to carry (A) positions within their respective inter- sition, including whether the position is in out subparagraph (A) an amount equal to the agency bodies that are ICI positions; and an area that is a combat zone for purposes of amount expended for salaries and expenses of (B) positions within their respective inter- section 112 of the Internal Revenue Code of the National Security Professional Develop- agency bodies— 1986; and ment Integration Office during fiscal year (i) that are not a position described under (3) shall require that an employee per- 2011. section ll03(10)(A) or (C) or a position filled forming service in an ICI position in another covered agency or interagency body is in- (ii) OFFSET.— by an employee described under section formed of the period of service for the posi- (I) IN GENERAL.—Except as provided in ll03(10)(B); and paragraph (3)(B), effective on the date of en- (ii) for which service in the position shall tion before beginning such service. actment of this Act, the National Security constitute interagency rotational service. (e) VOLUNTARY NATURE OF ROTATIONAL Professional Development Integration Office SEC. ll06. INTERAGENCY COMMUNITY OF IN- SERVICE.— of the Department of Defense is terminated TEREST ROTATIONAL SERVICE. (1) IN GENERAL.—Except as provided in and, on and after the date of enactment of (a) EXCLUSION OF SENIOR POSITIONS.—For paragraph (2), service in an ICI position in this Act, the Secretary of Defense may not purposes of this section, the term ‘‘ICI posi- another covered agency or interagency body establish a comparable office to implement tion’’ does not include a senior position. shall be voluntary by an employee.

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(2) AUTHORITY TO ASSIGN INVOLUNTARILY.— management of officers of the Armed Forces (A) IN GENERAL.—Service performed during If the head of a covered agency has the au- may provide for the assignment of officers of the first 3 fiscal years after the fiscal year in thority under another provision of law to as- the Armed Forces to ICI positions or posi- which an ICI is identified by the Committee sign an employee involuntarily to a position tions designated under section by an employee in a rotation to an ICI posi- and the employee is serving in an ICI posi- ll05(c)(2)(B). tion in another component of the covered tion, the head of the covered agency may as- (l) PERFORMANCE APPRAISALS.—The Com- agency that employs the employee that is sign the employee involuntarily to serve in mittee shall— identified under subparagraph (B) shall con- an ICI position in another covered agency or (1) ensure that an employee receives per- stitute interagency rotational service for interagency body. formance evaluations that are based pri- purposes of this section. (f) TRAINING AND EDUCATION OF PERSONNEL marily on the contribution of the employee (B) IDENTIFICATION OF COMPONENTS.—Sub- PERFORMING INTERAGENCY ROTATIONAL SERV- to the work of the covered agency in which ject to approval by the Committee, the head ICE.—Each employee performing interagency the employee is performing service in an ICI of a covered agency may identify the compo- rotational service shall participate in the position in another covered agency or inter- nents of the covered agency that are suffi- training and education, if any, that is regu- agency body and the functioning of the ap- ciently independent in functionality for larly provided to new employees by the cov- plicable ICI; and service in a rotation in the component to ered agency or interagency body in which (2) require that— qualify as service in another component of the employee is serving in order to learn how (A) officials at the covered agency employ- the covered agency for purposes of subpara- the covered agency or interagency body ing the employee conduct the evaluations graph (A). functions. based on input from the supervisors of the (2) INTELLIGENCE COMMUNITY PERSONNEL.— (g) PREVENTION OF NEED FOR INCREASED employee during service in an ICI position in Service performed during the first 3 fiscal PERSONNEL LEVELS.—The Committee shall another covered agency or interagency body; ensure that employees are rotated across years after the fiscal year in which an ICI is and identified by the Committee by an employee covered agencies and interagency bodies (B) the evaluations shall be provided the within an ICI in a manner that ensures that, of a covered agency under any program es- same weight in the receipt of promotions and tablished before the date of enactment of for the original ICI positions of all employ- other rewards by the employee from the cov- this title that provides for rotation assign- ees performing service in an ICI position in ered agency employing the employee as per- ments of employees across the agencies or another covered agency or interagency formance evaluations receive for other em- elements of the intelligence community body— ployees of the covered agency. shall constitute interagency rotational serv- (1) employees from another covered agency (m) FOREIGN SERVICE.—Section 607(a) of or interagency body who are performing the Foreign Service Act of 1980 (22 U.S.C. ice for purposes of this section. service in an ICI position in another covered 4007(a)) is amended by adding at the end the SEC. ll08. IMPLEMENTATION. agency or interagency body, or other avail- following: (a) ICIS AND ICI POSITIONS.— able employees, begin service in such origi- ‘‘(4) At the election of an individual sub- (1) IN GENERAL.—During the first 4 fiscal nal positions within a reasonable period, at ject to a maximum time in class limitation years after the fiscal year in which this Act no additional cost to the covered agency or under this subsection, any period of service is enacted— the interagency body in which such original in an ICI position (as defined in section (A) there shall be 2 ICIs, which shall be an positions are located; or ll03 of the Interagency Personnel Rotation ICI for emergency management and an ICI (2) other employees do not need to serve in Act of 2011) that is not within the Depart- for stabilization and reconstruction; and the positions in order to maintain the effec- ment of State shall not be used for purposes (B) during each such fiscal year, not less tiveness of or to prevent any costs being ac- of determining the period during which the than 20 employees and not more than 25 em- crued by the covered agency or interagency individual has served in a class.’’. ployees in the executive branch of the Gov- body in which such original positions are lo- SEC. ll07. SELECTION OF SENIOR POSITIONS IN ernment shall perform service in an ICI posi- cated. AN INTERAGENCY COMMUNITY OF tion in another covered agency or in an (h) OPEN AND FAIR COMPETITION.—Each INTEREST. interagency body that is not within the covered agency or interagency body that has (a) SELECTION OF INDIVIDUALS TO FILL SEN- agency employing the employee under this an ICI position available for service by an IOR POSITIONS WITHIN AN ICI.—In selecting title. employee from another covered agency shall individuals to fill senior positions within an coordinate with the Office of Personnel Man- ICI, the head of a covered agency shall en- (2) LOCATION.— agement to ensure that employees of covered sure that a strong preference is given to se- (A) IN GENERAL.—The Committee shall des- agencies selected to perform interagency ro- lecting of personnel who have performed ignate a metropolitan area in which the ICI tational service shall be selected in a fully interagency rotational service. for emergency management will be located open and competitive manner that is con- (b) ESTABLISHMENT BY HEADS OF COVERED and a metropolitan area in which the ICI for sistent with the merit system principles set AGENCIES OF MINIMUM THRESHOLDS.— stabilization and reconstruction will be lo- forth in paragraphs (1) and (2) of section (1) IN GENERAL.—On October 1 of the second cated. 2301(b) of title 5, United States Code, unless fiscal year after the fiscal year in which the (B) SERVICE.—During the first 4 fiscal the ICI position is otherwise exempt under Committee identifies an ICI, and October 1 of years after the fiscal year in which this Act another provision of law. each fiscal year thereafter, the head of each is enacted, any service in an ICI position in (i) PERSONNEL LAW MATTERS.— covered agency within which 1 or more posi- another covered agency or in an interagency (1) NATIONAL SECURITY EXCLUSION.—The tions within that ICI are located shall estab- body that is not within the agency employ- identification of a position as available for lish the minimum number of that agency’s ing the employee shall be performed— service by an employee of another covered senior positions that are within that ICI that (i) by an employee who is located in the agency or as being within an ICI shall not be shall be filled by personnel who have per- metropolitan area for the ICI designated a basis for an order under section 7103(b) of formed interagency rotational service. under subparagraph (A) before beginning title 5, United States Code, excluding the (2) REPORTING REQUIREMENTS.— service in the ICI position; and covered agency, or a subdivision thereof, in (A) MINIMUM NUMBER OF POSITIONS.—Not (ii) at a location in the metropolitan area which the position is located from the appli- later than 30 days after the date on which all for the ICI designated under subparagraph cability of chapter 71 of title 5, United States heads of covered agencies have established (A) . Code. the minimum number required under para- (b) PRIORITY FOR DETAILS.—During the (2) ON ROTATION.—An employee performing graph (1) for a fiscal year, the Committee first 4 fiscal years after the fiscal year in interagency rotational service shall have all shall submit to Congress a consolidated list which this Act is enacted, a covered agency the rights that would be available to the em- of the minimum numbers of senior positions shall give priority in using amounts avail- ployee if the employee was detailed or as- that shall be filled by personnel who have able to the covered agency for details to assigned under a provision of law other than performed interagency rotational service. signing employees on a rotational basis this title from the agency employing the em- (B) FAILURE TO MEET MINIMUM NUMBER.— under this title. ployee to the agency in which the ICI posi- Not later than 30 days after the end of any fiscal year in which a covered agency fails to SEC. ll09. STRATEGY AND PERFORMANCE tion in which the employee is serving is lo- EVALUATION. cated. meet the minimum number of senior posi- (j) CONSULTATION.—The Committee shall tions to be filled by individuals who have (a) ISSUING OF STRATEGY.— consult with relevant associations, unions, performed interagency rotational service es- (1) IN GENERAL.—Not later than October 1 and other groups involved in collective bar- tablished by the head of the covered agency of the third fiscal year after the fiscal year gaining or encouraging public service, orga- under paragraph (2), the head of the covered in which this Act is enacted, and every 4 fis- nizational reform of the Government, or agency shall submit to the Committee and cal years thereafter through the eleventh fis- interagency activities (such as the Simons Congress a report identifying the failure and cal year after the fiscal year in which this Center for the Study of Interagency Coopera- indicating what actions the head of the cov- Act is enacted, the Committee shall issue a tion of the Command and General Staff Col- ered agency has taken or plans to take in re- National Security Human Capital Strategy lege Foundation) in formulating and imple- sponse to the failure. to develop the national security and home- menting policies under this title. (c) OTHER ROTATIONAL REQUIREMENTS.— land security personnel necessary for accom- (k) OFFICERS OF THE ARMED FORCES.—The (1) CREDIT FOR SERVICE IN ANOTHER COMPO- plishing national security and homeland se- policies, procedures, and practices for the NENT WITHIN AN AGENCY.— curity objectives that require integration of

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Mrs. SHAHEEN submitted cies of the executive branch of the Govern- (B) the duties performed by the employees an amendment intended to be proposed ment. during the service; by her to the bill S. 1867, to authorize (2) CONSULTATIONS WITH CONGRESS.—In de- (2) the effectiveness of the Committee and appropriations for fiscal year 2012 for veloping or making adjustments to the Na- the staff of the Committee funded under sec- tional Security Human Capital Strategy tion ll04(e)(4)(B) in overseeing and man- military activities of the Department issued under paragraph (1), the Committee— aging interagency rotational service under of Defense, for military construction, (A) shall consult at least annually with this title, including an evaluation of any di- and for defense activities of the De- Congress, including majority and minority rectives or standards issued by the Com- partment of Energy, to prescribe mili- views from all appropriate authorizing, ap- mittee; tary personnel strengths for such fiscal propriations, and oversight committees; and (3) the participation of covered agencies in year, and for other purposes; which was (B) as the Committee determines appro- interagency rotational service under this ordered to lie on the table; as follows: priate, shall solicit and consider the views title, including whether each covered agency At the end of subtitle E of title VIII, add and suggestions of entities potentially af- that performs a mission relating to an ICI in the following: fected by or interested in the strategy. effect— SEC. 889. DEPARTMENT OF DEFENSE ASSESS- (3) CONTENTS OF STRATEGY.—Each National (A) identified positions within the covered MENT OF INDUSTRIAL BASE FOR Security Human Capital Strategy issued agency as ICI positions; NIGHT VISION IMAGE INTENSIFICA- under paragraph (1) shall— (B) had 1 or more employees from another TION SENSORS. (A) provide for the implementation of this covered agency perform service in an ICI po- (a) ASSESSMENT REQUIRED.—The Under title; sition in the covered agency; or Secretary of Defense for Acquisition, Tech- (B) identify best practices from ICIs al- (C) had 1 or more employees of the covered nology, and Logistics shall undertake an as- ready in operation; agency perform service in an ICI position in sessment of the current and long-term avail- (C) identify any additional ICIs to be iden- another covered agency; ability within the United States and inter- tified by the Committee; (4) the positions (including grade level) national industrial base of critical equip- (D) include a schedule for the issuance of held by employees after completing interment, components, subcomponents, and ma- directives and establishment of standards re- agency rotational service under this title, terials (including, but not limited to, lenses, lating to the requirements under this title and the extent to which the employees were tubes, and electronics) needed to support by the Committee; rewarded for the service; and current and future United States military (E) include a description of how the strat- (5) the extent to which or likelihood that requirements for night vision image inten- egy incorporates views and suggestions ob- interagency rotational service under this sification sensors. In carrying out the assess- tained through the consultations with Con- title has improved or is projected to improve ment, the Secretary shall— gress required under paragraph (2); interagency integration. (1) identify items in connection with night (F) include an assessment of performance SEC. ll11. PROHIBITION OF PRINTED REPORTS. vision image intensification sensors that the measures over a multi-year period, such as— Each strategy, plan, report, or other sub- Secretary determines are critical to military (i) the percentage of ICI positions available mission required under this title— readiness, including key components, sub- for service by employees from another cov- (1) shall be made available by the agency components, and materials; ered agency for which such employees per- issuing the strategy, plan, report, or other (2) describe and perform a risk assessment formed such service; submission only in electronic form; and of the supply chain for items identified under (ii) the number of personnel participating (2) shall not be made available by the agen- paragraph (1) and evaluate the extent to in interagency rotational service in each cy in printed form. which— covered agency and interagency body; (A) the supply chain for such items could (iii) the length of interagency rotational SA 1236. Mr. NELSON, of Florida sub- be disrupted by a loss of industrial capability service under this title; mitted an amendment intended to be in the United States; and (iv) reports by the heads of covered agen- proposed by him to the bill S. 1867, to (B) the industrial base obtains such items cies submitted under section ll07(b)(2)(B); authorize appropriations for fiscal year from foreign sources; and (v) the training and education of personnel 2012 for military activities of the De- (3) describe and assess current and future who perform interagency rotational service, partment of Defense, for military con- investment, gaps, and vulnerabilities in the and the evaluation by the Committee of the ability of the Department to respond to the training and education; struction, and for defense activities of potential loss of domestic or international (vi) the positions (including grade level) the Department of Energy, to prescribe sources that provide items identified under held by employees who perform interagency military personnel strengths for such paragraph (1); and rotational service during the period begin- fiscal year, and for other purposes; as (4) identify and assess current strategies to ning on the date on which the interagency follows: leverage innovative night vision image in- rotational service terminates and ending on At the end of subtitle G of title X, add the tensification technologies being pursued in the date of the assessment; and following: both Department of Defense laboratories and (vii) to the extent possible, the evaluation SEC. 1030. REPORT ON EFFECTS OF CHANGING the private sector for the next generation of of the Committee of the utility of inter- FLAG OFFICER POSITIONS WITHIN night vision capabilities, including an as- agency rotational service in improving inter- THE AIR FORCE MATERIAL COM- sessment of the competitiveness and techno- agency integration. MAND. logical advantages of the United States (b) REPORTS.—Not later than October 1 of (a) REPORT REQUIRED.—Not later than 60 night vision image intensification industrial the second fiscal year after a fiscal year in days after the date of the enactment of this base. which the Committee issues a National Secu- Act, the Secretary of the Air Force shall (b) REPORT.—Not later than 180 days after rity Human Capital Strategy under sub- conduct an analysis and submit to the con- the date of the enactment of this Act, the section (a), the Committee shall assess the gressional defense committees a report on Secretary of Defense shall submit to Con- performance measures described in sub- the effects of changing flag officer positions gress a report containing the results of the section (a)(3)(F). within the Air Force Materiel Command assessment required under subsection (a). (c) SUBMISSION TO CONGRESS.—Not later (AFMC), including consideration of the fol- than 30 days after the date on which the lowing issues: SA 1238. Mr. LEAHY submitted an Committee issues a National Security (1) The effect on the weapons testing mis- amendment intended to be proposed by Human Capital Strategy under subsection (a) sion of AFMC. him to the bill S. 1867, to authorize ap- or assesses performance measures under sub- (2) The potential for lack of oversight if propriations for fiscal year 2012 for section (b), the Committee shall submit the flag positions are reduced or eliminated. strategy or assessment to Congress. (3) The reduced experience level of general military activities of the Department SEC. ll10. GAO STUDY OF INTERAGENCY ROTA- officers managing challenging weapons de- of Defense, for military construction, TIONAL SERVICE. velopment programs under a new command and for defense activities of the De- Not later than the end of the second fiscal structure. partment of Energy, to prescribe mili- year after the fiscal year in which this Act is (4) The additional duties of base manage- tary personnel strengths for such fiscal enacted, the Comptroller General of the ment functions impacting the test wing com- year, and for other purposes; which was United States shall submit to Congress a re- mander’s ability to manage actual weapons ordered to lie on the table; as follows: port regarding— testing under the new structure. At the appropriate place, insert the fol- (1) the extent to which performing service (b) COMPTROLLER GENERAL ASSESSMENT.— in an ICI position in another covered agency Not later than 60 days after the submittal of lowing: or an interagency body under this title en- the report under subsection (a), the Comp- TITLE lll—CIVILIAN EXTRA- abled the employees performing the service troller General of the United States shall TERRITORIAL JURISDICTION to gain an adequately detailed understanding submit to Congress an assessment by the SEC. ll01. SHORT TITLE. of and perspective on the covered agency or Comptroller General of the report, including This title may be cited as the ‘‘Civilian interagency body, including an assessment of a determination whether or not the report Extraterritorial Jurisdiction Act of 2011’’ or the effect of— complies with applicable best practices. the ‘‘CEJA’’.

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.075 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7843 SEC. ll02. CLARIFICATION AND EXPANSION OF ‘‘(11) Any offense under chapter 55 (kidnap- agency of the United States other than the FEDERAL JURISDICTION OVER FED- ping) of this title. Department of Defense, which contractor, ERAL CONTRACTORS AND EMPLOY- ‘‘(12) Any offense under section 1503 (influ- contractor employee, grantee, or grantee EES. encing or injuring officer or juror generally), employee is supporting a program, project, (a) EXTRATERRITORIAL JURISDICTION OVER 1505 (obstruction of proceedings before de- or activity for a department or agency of the FEDERAL CONTRACTORS AND EMPLOYEES.— partments, agencies, and committees), 1510 United States other than the Department of (1) IN GENERAL.—Chapter 212A of title 18, (obstruction of criminal investigations), 1512 Defense; United States Code, is amended— (tampering with a witness, victim, or in- ‘‘(B) residing with such civilian employee, (A) by transferring the text of section 3272 formant), or 1513 (retaliating against a wit- contractor, contractor employee, grantee, or to the end of section 3271, redesignating such ness, victim, or an informant) of this title. grantee employee outside the United States; text as subsection (c) of section 3271, and, in ‘‘(13) Any offense under section 1951 (inter- and such text, as so redesignated, by striking ference with commerce by threats or vio- ‘‘(C) not a national of or ordinarily resi- ‘‘this chapter’’ and inserting ‘‘this section’’; lence), 1952 (interstate and foreign travel or dent in the host nation. (B) by striking the heading of section 3272; transportation in aid of racketeering enter- ‘‘(3) The term ‘grant agreement’ means a and prises), 1956 (laundering of monetary instru- legal instrument described in section 6304 or (C) by adding after section 3271, as amendments), 1957 (engaging in monetary trans- 6305 of title 31, other than an agreement be- ed by this paragraph, the following new sec- actions in property derived from specified tween the United States and a State, local, tions: unlawful activity), 1958 (use of interstate or foreign government or an international ‘‘§ 3272. Offenses committed by Federal con- commerce facilities in the commission of organization. tractors and employees outside the United murder for hire), or 1959 (violent crimes in ‘‘(4) The term ‘grantee’ means a party, States aid of racketeering activity) of this title. other than the United States, to a grant ‘‘(a) Whoever, while employed by or accom- ‘‘(14) Any offense under section 2111 (rob- agreement. panying any department or agency of the bery or burglary within special maritime and ‘‘(5) The term ‘host nation’ means the United States other than the Department of territorial jurisdiction) of this title. country outside of the United States where Defense, knowingly engages in conduct (or ‘‘(15) Any offense under chapter 109A (sex- the employee or contractor resides, the conspires or attempts to engage in conduct) ual abuse) of this title. country where the employee or contractor outside the United States that would con- ‘‘(16) Any offense under chapter 113B (ter- commits the alleged offense at issue, or both. stitute an offense enumerated in subsection rorism) of this title. (c) had the conduct been engaged in within ‘‘(17) Any offense under chapter 113C (tor- ‘‘§ 3273. Regulations the United States or within the special mari- ture) of this title. ‘‘The Attorney General, after consultation time and territorial jurisdiction of the ‘‘(18) Any offense under chapter 115 (trea- with the Secretary of Defense, the Secretary United States shall be punished as provided son, sedition, and subversive activities) of of State, and the Director of National Intel- for that offense. this title. ligence, shall prescribe regulations gov- ‘‘(b) No prosecution for an offense may be ‘‘(19) Any offense under section 2442 (child erning the investigation, apprehension, de- commenced against a person under this sec- soldiers) of this title. tion if a foreign government, in accordance ‘‘(20) Any offense under section 401 (manu- tention, delivery, and removal of persons de- with jurisdiction recognized by the United facture, distribution, or possession with in- scribed in sections 3271 and 3272 of this States, has prosecuted or is prosecuting such tent to distribute a controlled substance) or title.’’. person for the conduct constituting the of- 408 (continuing criminal enterprise) of the (2) CONFORMING AMENDMENT.—Subpara- fense, except upon the approval of the Attor- Controlled Substances Act (21 U.S.C. 841, graph (A) of section 3267(1) of such title is ney General or the Deputy Attorney General 848), or under section 1002 (importation of amended to read as follows: (or a person acting in either such capacity), controlled substances), 1003 (exportation of ‘‘(A) employed as a civilian employee, a which function of approval may not be dele- controlled substances), or 1010 (import or ex- contractor (including a subcontractor at any gated. port of a controlled substance) of the Con- tier), or an employee of a contractor (or a ‘‘(c) The offenses covered by subsection (a) trolled Substances Import and Export Act (21 subcontractor at any tier) of the Department are the following: U.S.C. 952, 953, 960), but only if the offense is of Defense (including a nonappropriated fund ‘‘(1) Any offense under chapter 5 (arson) of subject to a maximum sentence of imprison- instrumentality of the Department);’’. this title. ment of 20 years or more. (b) VENUE.—Chapter 211 of such title is ‘‘(2) Any offense under section 111 (assault- ‘‘(d) In this section: amended by adding at the end the following ing, resisting, or impeding certain officers or ‘‘(1) The term ‘employed by any depart- new section: employees), 113 (assault within maritime and ment or agency of the United States other territorial jurisdiction), or 114 (maiming than the Department of Defense’ means— ‘‘§ 3245. Optional venue for offenses involving within maritime and territorial jurisdiction) ‘‘(A) employed as a civilian employee, a Federal employees and contractors over- of this title, but only if the offense is subject contractor (including a subcontractor at any seas to a maximum sentence of imprisonment of tier), an employee of a contractor (or a sub- ‘‘In addition to any venue otherwise pro- one year or more. contractor at any tier), a grantee (including vided in this chapter, the trial of any offense ‘‘(3) Any offense under section 201 (bribery a contractor of a grantee or a subgrantee or involving a violation of section 3261, 3271, or of public officials and witnesses) of this title. subcontractor at any tier), or an employee of 3272 of this title may be brought— ‘‘(4) Any offense under section 499 (mili- a grantee (or a contractor of a grantee or a ‘‘(1) in the district in which is tary, naval, or official passes) of this title. subgrantee or subcontractor at any tier) of headquartered the department or agency of ‘‘(5) Any offense under section 701 (official any department or agency of the United the United States that employs the offender, badges, identifications cards, and other in- States other than the Department of De- or any one of two or more joint offenders, or signia), 702 (uniform of armed forces and fense; ‘‘(2) in the district in which is Public Health Service), 703 (uniform of ‘‘(B) present or residing outside the United headquartered the department or agency of friendly nation), or 704 (military medals or States in connection with such employment; the United States that the offender is accom- decorations) of this title. ‘‘(C) in the case of such a contractor, con- panying, or that any one of two or more ‘‘(6) Any offense under chapter 41 (extor- tractor employee, grantee, or grantee em- joint offenders is accompanying.’’. tion and threats) of this title, but only if the ployee, such employment supports a pro- offense is subject to a maximum sentence of gram, project, or activity for a department (c) SUSPENSION OF STATUTE OF LIMITA- imprisonment of three years or more. or agency of the United States; and TIONS.—Chapter 213 of such title is amended ‘‘(7) Any offense under chapter 42 (extor- ‘‘(D) not a national of or ordinarily resi- by inserting after section 3287 the following tionate credit transactions) of this title. dent in the host nation. new section: ‘‘(8) Any offense under section 924(c) (use of ‘‘(2) The term ‘accompanying any depart- ‘‘§ 3287A. Suspension of limitations for of- firearm in violent or drug trafficking crime) ment or agency of the United States other fenses involving Federal employees and or 924(o) (conspiracy to violate section 924(c)) than the Department of Defense’ means— contractors overseas of this title. ‘‘(A) a dependant, family member, or mem- ‘‘(9) Any offense under chapter 50A (geno- ber of household of— ‘‘The time during which a person who has cide) of this title. ‘‘(i) a civilian employee of any department committed an offense constituting a viola- ‘‘(10) Any offense under section 1111 (mur- or agency of the United States other than tion of section 3272 of this title is outside the der), 1112 (manslaughter), 1113 (attempt to the Department of Defense; or United States, or is a fugitive from justice commit murder or manslaughter), 1114 (pro- ‘‘(ii) a contractor (including a subcon- within the meaning of section 3290 of this tection of officers and employees of the tractor at any tier), an employee of a con- title, shall not be taken as any part of the United States), 1116 (murder or man- tractor (or a subcontractor at any tier), a time limited by law for commencement of slaughter of foreign officials, official guests, grantee (including a contractor of a grantee prosecution of the offense.’’. or internationally protected persons), 1117 or a subgrantee or subcontractor at any (d) CLERICAL AMENDMENTS.— (conspiracy to commit murder), or 1119 (for- tier), or an employee of a grantee (or a con- (1) HEADING AMENDMENT.—The heading of eign murder of United States nationals) of tractor of a grantee or a subgrantee or subchapter 212A of such title is amended to read this title. contractor at any tier) of any department or as follows:

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.077 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7844 CONGRESSIONAL RECORD — SENATE November 18, 2011 ‘‘CHAPTER 212A—EXTRATERRITORIAL JU- (3) PROSECUTION.—The Attorney General him to the bill S. 1867, to authorize ap- RISDICTION OVER OFFENSES OF CON- may establish such procedures the Attorney propriations for fiscal year 2012 for TRACTORS AND CIVILIAN EMPLOYEES General considers appropriate to ensure that military activities of the Department OF THE FEDERAL GOVERNMENT’’. Federal law enforcement agencies refer of- of Defense, for military construction, (2) TABLES OF SECTIONS.—(A) The table of fenses under section 3271 or 3272 of title 18, United States Code (as so amended), to the and for defense activities of the De- sections at the beginning of chapter 211 of partment of Energy, to prescribe mili- such title is amended by adding at the end Attorney General for prosecution in a uni- the following new item: form and timely manner. tary personnel strengths for such fiscal year, and for other purposes; as fol- ‘‘3245. Optional venue for offenses involving (4) ASSISTANCE ON REQUEST OF ATTORNEY Federal employees and contrac- GENERAL.—Notwithstanding any statute, lows: tors overseas.’’. rule, or regulation to the contrary, the At- At the end of subtitle II of title X, add the (B) The table of sections at the beginning torney General may request assistance from following: of chapter 212A of such title is amended by the Secretary of Defense, the Secretary of SEC. 1088. EXPANSION OF MARINE GUNNERY SER- striking the item relating to section 3272 and State, or the head of any other Executive GEANT JOHN DAVID FRY SCHOLAR- inserting the following new items: agency to enforce section 3271 or 3272 of title SHIP. 18, United States Code (as so amended). The (a) EXPANSION OF ENTITLEMENT.—Sub- ‘‘3272. Offenses committed by Federal con- assistance requested may include the fol- section (b)(9) of section 3311 of title 38, tractors and employees outside lowing: United States Code, is amended by inserting the United States. ‘‘or spouse’’ after ‘‘child’’. ‘‘3273. Regulations.’’. (A) The assignment of additional personnel and resources to task forces established by (b) LIMITATION AND ELECTION ON CERTAIN (C) The table of sections at the beginning BENEFITS.—Subsection (f) of such section is of chapter 213 of such title is amended by in- the Attorney General under subsection (a). (B) An investigation into alleged mis- amended— serting after the item relating to section 3287 (1) by redesignating paragraph (2) as para- the following new item: conduct or arrest of an individual suspected of alleged misconduct by agents of the Diplo- graph (4); and ‘‘3287A. Suspension of limitations for of- matic Security Service of the Department of (2) by inserting after paragraph (1) the fol- fenses involving Federal em- State present in the nation in which the allowing new paragraphs: ployees and contractors over- leged misconduct occurs. ‘‘(2) LIMITATION.—The entitlement of an in- seas.’’. (5) ANNUAL REPORT.—Not later than one dividual to assistance under subsection (a) (3) TABLE OF CHAPTERS.—The item relating year after the date of the enactment of this pursuant to paragraph (9) of subsection (b) to chapter 212A in the table of chapters at Act, and annually thereafter for five years, because the individual was a spouse of a per- the beginning of part II of such title is the Attorney General shall, in consultation son described in such paragraph shall expire amended to read as follows: with the Secretary of Defense and the Sec- on the earlier of— ‘‘212A. Extraterritorial Jurisdiction retary of State, submit to Congress a report ‘‘(A) the date that is 15 years after the date Over Offenses of Contractors and containing the following: on which the person died; and Civilian Employees of the Federal (A) The number of prosecutions under ‘‘(B) the date on which the individual re- Government ...... 3271’’. chapter 212A of title 18, United States Code marries. SEC. ll03. INVESTIGATIVE TASK FORCES FOR (as so amended), including the nature of the ‘‘(3) ELECTION ON RECEIPT OF CERTAIN BENE- CONTRACTOR AND EMPLOYEE offenses and any dispositions reached, during FITS.—A surviving spouse entitled to assist- OVERSIGHT. the previous year. ance under subsection (a) pursuant to para- (a) ESTABLISHMENT OF INVESTIGATIVE TASK (B) The actions taken to implement sub- graph (9) of subsection (b) who is also enti- FORCES FOR CONTRACTOR AND EMPLOYEE section (a)(1), including the organization and tled to educational assistance under chapter OVERSIGHT.— training of personnel and the use of task 35 of this title may not receive assistance (1) IN GENERAL.—The Attorney General, in forces, during the previous year. under both this section and such chapter, but consultation with the Secretary of Defense, shall make an irrevocable election (in such the Secretary of State, the Secretary of (C) Such recommendations for legislative or administrative action as the President form and manner as the Secretary may pre- Homeland Security, and the heads of any scribe) under which section or chapter to re- other departments or agencies of the Federal considers appropriate to enforce chapter 212A of title 18, United States Code (as so ceive educational assistance.’’. Government responsible for employing con- (c) EFFECTIVE DATE.—The amendments amended), and the provisions of this section. tractors or persons overseas shall assign ade- made by this section shall take effect on the (c) EXECUTIVE AGENCY.—In this section, quate personnel and resources, including the term ‘‘Executive agency’’ has the mean- date that is 90 days after the date of the en- through the creation of task forces, to inves- ing given that term in section 105 of title 5, actment of this Act. tigate allegations of criminal offenses under United States Code. chapter 212A of title 18, United States Code SA 1240. Mr. WARNER submitted an SEC. ll04. EFFECTIVE DATE. (as amended by section ll02(a) of this Act), amendment intended to be proposed by (a) IMMEDIATE EFFECTIVENESS.—This title and may authorize the overseas deployment and the amendments made by this title shall him to the bill S. 1867, to authorize ap- of law enforcement agents and other govern- take effect on the date of the enactment of propriations for fiscal year 2012 for ment personnel for that purpose. this Act. military activities of the Department (2) RULE OF CONSTRUCTION.—Nothing in this (b) IMPLEMENTATION.—The Attorney Gen- of Defense, for military construction, subsection shall be construed to limit any eral and the head of any other department or and for defense activities of the De- authority of the Attorney General or any agency of the Federal Government to which Federal law enforcement agency to inves- partment of Energy, to prescribe mili- this title applies shall have 90 days after the tary personnel strengths for such fiscal tigate violations of Federal law or deploy date of the enactment of this Act to ensure personnel overseas. compliance with the provisions of this title. year, and for other purposes; which was (b) RESPONSIBILITIES OF ATTORNEY GEN- SEC. ll05. RULES OF CONSTRUCTION. ordered to lie on the table; as follows: ERAL.— (a) IN GENERAL.—Nothing in this title or At the end of subtitle B of title III, add the (1) INVESTIGATION.—The Attorney General any amendment made by this title shall be following: shall have principal authority for the en- construed— SEC. 316. INSTALLATION ENERGY METERING RE- forcement of chapter 212A of title 18, United (1) to limit or affect the application of QUIREMENTS. States Code (as so amended), and shall have extraterritorial jurisdiction related to any The Secretary of Defense shall, to the max- the authority to initiate, conduct, and super- other Federal law; or imum extent practicable, require that the in- vise investigations of any alleged offenses (2) to limit or affect any authority or re- formation generated by the installation en- under such chapter. sponsibility of a Chief of Mission as provided ergy meters be captured and tracked to de- (2) LAW ENFORCEMENT AUTHORITY.—With rein section 207 of the Foreign Service Act of termine baseline energy consumption and fa- spect to violations of sections 3271 and 3272 1980 (22 U.S.C. 3927). cilitate efforts to reduce energy consump- of title 18, United States Code (as so amend- (b) INTELLIGENCE ACTIVITIES.—Nothing in tion. ed), the Attorney General may authorize any this title or any amendment made by this person serving in a law enforcement position title shall apply to the authorized intel- SA 1241. Mr. WARNER submitted an in any other department or agency of the ligence activities of the United States Gov- amendment intended to be proposed by Federal Government, including a member of ernment. him to the bill S. 1867, to authorize ap- the Diplomatic Security Service of the De- SEC. ll06. FUNDING. propriations for fiscal year 2012 for partment of State or a military police officer If any amounts are appropriated to carry military activities of the Department of the Armed Forces, to exercise investiga- out this title, the amounts shall be from of Defense, for military construction, tive and law enforcement authority, includ- amounts which would have otherwise been and for defense activities of the De- ing those powers that may be exercised made available or appropriated to the De- under section 3052 of title 18, United States partment of Justice. partment of Energy, to prescribe mili- Code, subject to such guidelines or policies tary personnel strengths for such fiscal as the Attorney General considers appro- SA 1239. Mr. MERKLEY submitted an year, and for other purposes; which was priate for the exercise of such powers. amendment intended to be proposed by ordered to lie on the table; as follows:

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.077 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7845 At the end of subtitle A of title XXVIII, SEC. 2209. LIMITATION ON FUNDING FOR ESTAB- lent personnel, and in the cost of labor, asso- add the following: LISHING A HOMEPORT FOR A NU- ciated with the operation of data servers and CLEAR-POWERED AIRCRAFT CAR- data centers. SEC. 2804. AVAILABILITY OF MILITARY CON- RIER AT MAYPORT NAVAL STATION, (B) SPECIFICATION OF REQUIRED ELEMENTS.— STRUCTION FUNDS FOR ENERGY EF- FLORIDA. FICIENCY DESIGN UPDATES. None of the funds appropriated pursuant to The Chief Information Officer of the Depart- (a) IN GENERAL.—Subchapter I of chapter the authorization of appropriations in sec- ment shall specify the particular perform- 169 of title 10, United States Code, is amend- tion 2204 may be used for architectural and ance standards and measures and implemen- ed by adding at the end the following new engineering services and construction design tation elements to be included in the plans section: of any military construction project nec- submitted under this paragraph, including essary to establish a homeport for a nuclear- specific goals and schedules for achieving the ‘‘§ 2916. Availability of funds for energy effi- matters specified in subparagraph (A). ciency design updates powered aircraft carrier at Naval Station Mayport, Florida. (2) DEFENSE-WIDE PLAN.— ‘‘(a) IN GENERAL.—For any military con- (A) IN GENERAL.—Not later than April 1, struction project that is authorized by law SA 1244. Mr. MCCAIN submitted an 2012, the Chief Information Officer of the De- and for which the design has been substan- amendment intended to be proposed by partment shall submit to the congressional tially completed but construction has not him to the bill S. 1867, to authorize ap- defense committees a performance plan for a begun, the Secretary of Defense may use fis- reduction in the resources required for data cal year 2011 unobligated planning and de- propriations for fiscal year 2012 for centers and information systems tech- sign funds to update the project design to military activities of the Department nologies Department-wide. The plan shall be meet applicable Federal building energy effi- of Defense, for military construction, based upon and incorporate appropriate ele- ciency standards established under section and for defense activities of the De- ments of the plans submitted under para- 305 of the Energy Conservation and Produc- partment of Energy, to prescribe mili- graph (1). tion Act (42 U.S.C. 6834). tary personnel strengths for such fiscal (B) ELEMENTS.—The performance plan re- ‘‘(b) LIMITATIONS.—(1) The use of funds year, and for other purposes; which was quired under this paragraph shall include the under subsection (a) shall not exceed the es- ordered to lie on the table; as follows: following: timated energy or other cost savings associ- (i) A Department-wide performance plan ated with the updates as determined by a At the end of subtitle B of title XXVIII, for achieving the matters specified in para- life-cycle cost analysis under section 544 of add the following: graph (1)(A), including performance stand- the National Energy Conservation Policy SEC. 2814. CLARIFICATION OF AUTHORITY OF ards and measures for data centers and infor- Act (42 U.S.C. 8254). SECRETARY TO ASSIST WITH DEVEL- mation systems technologies, goals and OPMENT OF PUBLIC INFRASTRUC- ‘‘(2) The Secretary of Defense may not up- TURE IN CONNECTION WITH THE ES- schedules for achieving such matters, and an date a project design under subsection (a) if TABLISHMENT OR EXPANSION OF A estimate of cost savings anticipated through to do so would substantially delay the com- MILITARY INSTALLATION. implementation of the plan. pletion of a military construction project.’’. Section 2391 of title 10, United States Code, (ii) A Department-wide strategy for each of (b) CLERICAL AMENDMENT.—The table of is amended— the following: sections at the beginning of such subchapter (1) by redesignating subsections (d) and (e) (I) Desktop, laptop, and mobile device is amended by inserting after the item relat- as subsections (e) and (f), respectively; virtualization. ing to section 2915 the following new item: (2) by inserting after subsection (c) the fol- (II) Transitioning to cloud computing. lowing new subsection: (III) Migration of Defense data and govern- ‘‘2916. Availability of funds for energy effi- ‘‘(d) AUTHORIZATION REQUIREMENT.—If the ment-provided services from Department- ciency design updates.’’. Secretary of Defense determines that any owned and operated data centers to cloud grant, cooperative agreement, or supplement computing services generally available with- SA 1242. Mr. WARNER (for himself of funds available under Federal programs in the private sector that provide a better (and Mr. WEBB) submitted an amend- administered by agencies other than the De- capability at a lower cost with the same or ment intended to be proposed by him partment of Defense provided under this sec- greater degree of security. tion will result in the development (includ- to the bill S. 1867, to authorize appro- (IV) Utilization of private sector-managed ing repair, replacement, renovation, conver- security services for data centers and cloud priations for fiscal year 2012 for mili- sion, improvement, expansion, acquisition, computing services. tary activities of the Department of or construction) of public infrastructure, (V) A finite set of metrics to accurately Defense, for military construction, and such grant, cooperative agreement, or sup- and transparently report on data center infor defense activities of the Depart- plemental funding shall be specifically au- frastructure (space, power and cooling): age, ment of Energy, to prescribe military thorized by law.’’; and cost, capacity, usage, energy efficiency and personnel strengths for such fiscal (3) in subsection (e), as redesignated by utilization, accompanied with the aggregate year, and for other purposes; which was paragraph (1), by adding at the end the fol- data for each data center site in use by the lowing new paragraph: ordered to lie on the table; as follows: Department in excess of 100 kilowatts of in- ‘‘(4) The term ‘public infrastructure’ means formation technology power demand. On page 526, in the table following line 19, any utility, method of transportation, item (VI) Transitioning to just-in-time delivery strike the item relating to ‘‘Naval Station, of equipment, or facility under the control of of Department-owned data center infrastruc- Mayport’’. a public entity or State or local government ture (space, power and cooling) through use On page 528, line 15, strike ‘‘$2,656,457,000’’ that is used by, or constructed for the ben- of modular data center technology and inte- and insert ‘‘$2,641,459,000’’. efit of, the general public.’’. grated data center infrastructure manage- On page 528, line 18, strike ‘‘$1,956,822,000’’ ment software. and insert ‘‘$1,941,824,000’’. SA 1245. Mr. MCCAIN submitted an On page 651, in the item relating to Massey amendment intended to be proposed by SA 1246. Mr. MCCAIN submitted an Avenue Corridor Improvements, Mayport, him to the bill S. 1867, to authorize ap- amendment intended to be proposed by Florida, strike ‘‘14,998’’ in the Senate Agree- propriations for fiscal year 2012 for him to the bill S. 1867, to authorize ap- ment column and insert ‘‘0’’. military activities of the Department propriations for fiscal year 2012 for On page 652, in the item relating to Total of Defense, for military construction, military activities of the Department Military Construction, Navy, strike and for defense activities of the De- of Defense, for military construction, ‘‘2,187,622’’ and insert ‘‘2,173,624’’. partment of Energy, to prescribe mili- and for defense activities of the De- tary personnel strengths for such fiscal partment of Energy, to prescribe mili- SA 1243. Mr. WARNER (for himself year, and for other purposes; which was tary personnel strengths for such fiscal and Mr. WEBB) submitted an amend- ordered to lie on the table; as follows: year, and for other purposes; as fol- ment intended to be proposed by him Beginning on page 573, strike line 10 and lows: to the bill S. 1867, to authorize appro- all that follows through page 575, line 16, and Strike section 1079 and insert the fol- priations for fiscal year 2012 for mili- insert the following: lowing: tary activities of the Department of (iv) A reduction in the investment for cap- SEC. 1079. COMMISSION TO STUDY UNITED Defense, for military construction, and ital infrastructure or equipment required to STATES FORCE POSTURE IN EAST for defense activities of the Depart- support data centers as measured in cost per ASIA AND THE PACIFIC REGION. ment of Energy, to prescribe military megawatt of data storage. (a) INDEPENDENT ASSESSMENT.— personnel strengths for such fiscal (v) A reduction in the number of commer- (1) IN GENERAL.—The Secretary of Defense year, and for other purposes; which was cial and government developed applications shall establish a commission to conduct an running on data servers and within data cen- independent assessment of America’s secu- ordered to lie on the table; as follows: ters. rity interests in East Asia and the Pacific re- On page 532, after line 21, add the fol- (vi) A reduction in the number of govern- gion. The commission shall be supported by lowing: ment and vendor provided full-time equiva- an independent, non-governmental institute

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which is described in section 501(c)(3) of the (2) INFORMATION SHARING.—The commission (f) SECURITY.— Internal Revenue Code of 1986 and exempt may secure directly from any Federal de- (1) SECURITY CLEARANCES.—Members and from tax under section 501(a) of such Code, partment or agency such information as the staff of the commission, and any experts and and has recognized credentials and expertise commission considers necessary to carry out consultants to the commission, shall possess in national security and military affairs this section. Upon request of the Chairman security clearances appropriate for their du- with ready access to policy experts through- of the commission, the head of such depart- ties with the commission under this section. out the country and from the region. ment or agency shall furnish such informa- (2) INFORMATION SECURITY.—The Secretary (2) ELEMENTS.—The commission estab- tion to the commission. of Defense shall assume responsibility for lished pursuant to paragraph (1) shall assess (3) ADMINISTRATIVE SUPPORT.—Upon re- the handling and disposition of any informa- the following elements: quest of the commission, the Administrator tion relating to the national security of the (A) A review of current and emerging of General Services shall provide to the com- United States that is received, considered, or United States national security interests in mission, on a reimbursable basis, the admin- used by the commission under this section. the East Asia and Pacific region. istrative support necessary for the commis- (g) TERMINATION OF PANEL.—The Panel (B) A review of current United States mili- sion to carry out its duties under this sec- shall terminate 45 days after the date on tary force posture and deployment plans, tion. which the Panel submits its final report with an emphasis on the current plans for (4) MAILS.—The commission may use the under subsection (c). United States force realignments in Okinawa United States mails in the same manner and and Guam. under the same conditions as other departments and agencies of the Federal Govern- SA 1247. Mr. MCCAIN submitted an (C) Options for the realignment of United amendment intended to be proposed by States forces in the region to respond to new ment. opportunities presented by allies and part- (5) GIFTS.—The commission may accept, him to the bill S. 1867, to authorize ap- ners. use, and dispose of gifts or donations of serv- propriations for fiscal year 2012 for (D) The views of noted policy leaders and ices or property. military activities of the Department regional experts, including military com- (e) PERSONNEL MATTERS.— of Defense, for military construction, manders in the region. (1) COMPENSATION OF MEMBERS.—Each member of the commission who is not an of- and for defense activities of the De- (b) MEMBERS OF THE COMMISSION.— ficer or employee of the Federal Government partment of Energy, to prescribe mili- (1) COMPOSITION.—For purposes of con- shall be compensated at a rate equal to the tary personnel strengths for such fiscal ducting the assessment required by para- daily equivalent of the annual rate of basic year, and for other purposes; as fol- graph (a), the commission established shall pay prescribed for level IV of the Executive include eight members as follows: lows: Schedule under section 5315 of title 5, United (A) Two appointed by the chairman of the Beginning on page 534, strike line 8 and all States Code, for each day (including travel that follows through page 535, line 17, and in- Committee on Armed Services of the House time) during which such member is engaged sert the following: of Representatives. in the performance of the duties of the com- (B) Two appointed by the chairman of the mission under this section. All members of (a) RESTRICTION ON USE OF FUNDS.—None of Committee on Armed Services of the Senate. the commission who are officers or employ- the funds authorized to be appropriated (C) Two appointed by the ranking member ees of the United States shall serve without under this title, or amounts provided by the of the Committee on Armed Services of the compensation in addition to that received Government of Japan for military construc- House of Representatives. for their services as officers or employees of tion activities on land under the jurisdiction (D) Two appointed by the ranking member the United States. of the Department of Defense, may be obli- of the Committee on Armed Services of the (2) TRAVEL.—Members of the commission gated or expended to implement the realign- Senate. shall be allowed travel expenses, including ment of United States Marine Corps forces (2) QUALIFICATIONS.—Individuals appointed per diem in lieu of subsistence, at rates au- from Okinawa to Guam as envisioned in the to the commission shall have significant ex- thorized for employees of agencies under sub- United States–Japan Roadmap for Realign- perience in the national security or foreign chapter I of chapter 57 of title 5, United ment Implementation issued May 1, 2006, policy of the United States. States Code, while away from their homes or until— (3) DEADLINE FOR APPOINTMENT.—Appoint- regular places of business in the performance (1) the Commandant of the Marine Corps ments of the members of the commission of services for the commission under this provides the congressional defense commit- shall be made not later than 60 days after the section. tees the Commandant’s preferred force lay- date of the enactment of this Act. (3) STAFFING.— down for the United States Pacific Command (4) CHAIRMAN AND VICE CHAIRMAN.—The (A) EXECUTIVE DIRECTOR.—The Chairman of Area of Responsibility; commission shall select a Chairman and Vice the commission may, without regard to the (2) the Secretary of Defense submits to the Chairman from among it members. civil service laws and regulations, appoint congressional defense committees a master (5) TENURE; VACANCIES.—Members shall be and terminate an executive director and plan for the construction of facilities and in- appointed for the life of the commission. Any such other additional personnel as may be frastructure to execute the Commandant’s vacancy in the commission shall not affect necessary to enable the commission to per- preferred force lay-down on Guam, including its powers, but shall be filled in the same form its duties under this section. The em- a detailed description of costs and a schedule manner as the original appointment. ployment of an executive director shall be for such construction; (6) MEETINGS.— subject to confirmation by the commission. (3) the Secretary of Defense certifies to the (A) INITIAL MEETING.—Not later than 14 (B) STAFF.—The commission may employ a congressional defense committees that tan- days after the date on which all members of staff to assist the commission in carrying gible progress has been made regarding the the commission have been appointed, the out its duties. relocation of Marine Corps Air Station commission shall hold its first meeting. (C) COMPENSATION.—The Chairman of the Futenma; and (B) CALLING OF THE CHAIRMAN.—The com- commission may fix the compensation of the (4) a plan coordinated by all pertinent Fed- mission shall meet at the call of the Chair- executive director and other personnel with- eral agencies is provided to the congres- man. out regard to chapter 51 and subchapter III of sional defense committees detailing descrip- (C) QUORUM.—A majority of the members chapter 53 of title 5, United States Code, re- tions of work, costs, and a schedule for com- of the commission shall constitute a lating to classification of positions and Gen- pletion of construction, improvements, and quorum, but a lesser number of members eral Schedule pay rates, except that the rate repairs to the non-military utilities, facili- may hold hearings. of pay for the executive director and other ties, and infrastructure on Guam affected by (c) REPORT.—Not later than 270 days after personnel may not exceed the rate payable the realignment of forces. the date of the enactment of this Act, the for level V of the Executive Schedule under (b) RESTRICTION ON DEVELOPMENT OF PUB- commission shall provide to the Secretary of section 5316 of such title. LIC INFRASTRUCTURE.— Defense an unclassified report, with a classi- (4) DETAILS.—Any employee of the Depart- (1) IN GENERAL.—Notwithstanding any fied annex, containing its findings. Not later ment of Defense or the Department of State other provision of law, the Secretary of De- than 90 days after the date of receipt of the may be detailed to the commission without fense is prohibited from using the authority report, the Secretary of Defense, after con- reimbursement, and such detail shall be provided by section 2391 of title 10, United sultation with the Chairman of the Joint without interruption or loss of civil service States Code, to carry out any grant, coopera- Chiefs of Staff, shall transmit the report to status or privilege. tive agreement, or supplement of funds the congressional defense committees, to- (5) TEMPORARY AND INTERMITTENT SERV- available under Federal programs adminis- gether with such comments on the report as ICES.—The Chairman of the commission may tered by agencies other than the Department the Secretary considers appropriate. procure temporary and intermittent services of Defense provided under this section that (d) POWERS.— under section 3109(b) of title 5, United States will result in the development (including re- (1) HEARINGS.—The commission may hold Code, at rates for individuals which do not pair, replacement, renovation, conversion, such hearings, sit and act at such times and exceed the daily equivalent of the annual improvement, expansion, acquisition, or con- places, take such testimony, and receive rate of basic pay prescribed for level V of the struction) of public infrastructure on Guam such evidence as the commission considers Executive Schedule under section 5316 of until the requirements under subsection (a) advisable to carry out this section. such title. are satisfied.

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(2) PUBLIC INFRASTRUCTURE DEFINED.—In cal Year 2007 (Public Law 109–364; 120 Stat. ment of the short take-off, vertical landing this section, the term ‘‘public infrastruc- 2329; 10 U.S.C. 2306 note) is amended— variant of the Joint Strike Fighter (other- ture’’ means any utility, method of transpor- (1) in paragraph (1), by striking ‘‘; and’’ and wise known as the F–35B Joint Strike Fight- tation, item of equipment, or facility under inserting a semicolon; er) that includes the following: the control of a public entity or State or (2) in paragraph (2), by striking the period (1) An identification of the criteria that local government that is used by, or con- at the end and inserting ‘‘; and’’; and the Secretary determines must be satisfied structed for the benefit of, the general pub- (3) by adding at the end the following new before the F–35B Joint Strike Fighter can be lic. paragraphs: removed from the two-year probationary sta- ‘‘(3) all reasonable efforts have been made tus imposed by the Secretary on or about SA 1248. Mr. MCCAIN submitted an to define the requirements sufficiently to January 6, 2011. amendment intended to be proposed by allow for the use of a fixed-price contract for (2) A mid-probationary period assessment him to the bill S. 1867, to authorize ap- the development of the major defense acqui- of— propriations for fiscal year 2012 for sition program; and (A) the performance of the F–35B Joint military activities of the Department ‘‘(4) despite these efforts, the Department Strike Fighter based on the criteria de- of Defense, for military construction, of Defense cannot define requirements suffi- scribed in paragraph (1); and ciently to allow for the use of a fixed-price (B) the technical issues that remain in the and for defense activities of the De- contract for the development of the major development program for the F–35B Joint partment of Energy, to prescribe mili- defense acquisition program.’’. Strike Fighter. tary personnel strengths for such fiscal (c) REPORTING OF COST-TYPE DEVELOPMENT (3) A plan for how the Secretary intends to year, and for other purposes; as fol- CONTRACTS.—Not later than 30 business days resolve the issues described in paragraph lows: before issuing a solicitation for the develop- (2)(B) before January 6, 2013. ment of a major defense acquisition pro- At the end of subtitle C of title X, add the Mr. WEBB (for himself, Mr. following: gram, the Secretary of Defense shall submit SA 1251. to the congressional defense committees no- GRAHAM, and Mr. BLUMENTHAL) sub- SEC. 1024. AUTHORITY FOR OVERHAUL AND RE- PAIR OF VESSELS IN COMMON- tice of the proposed award and the written mitted an amendment intended to be WEALTH OF THE NORTHERN MAR- determinations required under paragraphs (1) proposed by him to the bill S. 1867, to IANA ISLANDS. and (4) of section 818(d) of the John Warner authorize appropriations for fiscal year Section 7310(a) of title 10, United States National Defense Authorization Act for Fis- 2012 for military activities of the De- Code, is amended— cal Year 2007, as amended by subsection (b), (1) in the subsection heading, by striking and the reasons supporting the determina- partment of Defense, for military con- ‘‘UNITED STATES OR GUAM’’ and inserting tions. struction, and for defense activities of ‘‘UNITED STATES, GUAM, OR THE COMMON- (d) DEFINITIONS.—In this section: the Department of Energy, to prescribe WEALTH OF THE NORTHERN MARIANA IS- (1) MAJOR DEFENSE ACQUISITION PROGRAM.— military personnel strengths for such LANDS’’; and The term ‘‘major defense acquisition pro- fiscal year, and for other purposes; (2) by striking ‘‘United States or Guam’’ gram’’ has the meaning given the term in which was ordered to lie on the table; both places it appears and inserting ‘‘United section 2430(a) of title 10, United States as follows: States, Guam, or the Commonwealth of the Code. At the end of subtitle C of title VIII, add Northern Mariana Islands’’. (2) PRODUCTION OF A MAJOR DEFENSE ACQUI- the following new section: SITION PROGRAM.—The term ‘‘production of a SA 1249. Mr. MCCAIN (for himself and major defense acquisition program’’ means SEC. 848. PARA-ARAMID FIBERS AND Ms. AYOTTE) submitted an amendment the production, either on a low-rate initial YARNS. intended to be proposed by him to the production or full-rate production basis, and (a) REPEAL OF FOREIGN SUPPLIER EXEMP- bill S. 1867, to authorize appropriations deployment of a major system that is in- TION.—Section 807 of the Strom Thurmond National Defense Authorization Act for Fis- for fiscal year 2012 for military activi- tended to achieve operational capability that satisfies mission needs, or any activity cal Year 1999 (Public Law 105–261; 112 Stat. ties of the Department of Defense, for otherwise defined as Milestone C, or Key De- 2084) is repealed. military construction, and for defense cision Point C in the case of a space pro- (b) PROHIBITION ON SPECIFICATION IN SOLICI- activities of the Department of Energy, gram, under Department of Defense Instruc- TATIONS.—No solicitation issued by the De- to prescribe military personnel tion 5000.02 or related authorities. partment of Defense may include a require- strengths for such fiscal year, and for (3) DEVELOPMENT OF A MAJOR DEFENSE AC- ment that proposals submitted pursuant to other purposes; as follows: QUISITION PROGRAM.—The term ‘‘development such solicitation must include the use of of a major defense acquisition program’’ para-aramid fibers and yarns. At the end of subtitle A of title VIII, add means the development of a major defense the following: acquisition program or related increment of SA 1252. Mrs. FEINSTEIN (for herself SEC. 808. LIMITATION ON USE OF COST-TYPE capability, the completion of full system in- and Mr. LEAHY) submitted an amend- CONTRACTS. tegration, the development of an affordable ment intended to be proposed by her to (a) PROHIBITION WITH RESPECT TO PRODUC- and executable manufacturing process, the the bill S. 1867, to authorize appropria- TION OF MAJOR DEFENSE ACQUISITION PRO- demonstration of system integration, inter- GRAMS.— tions for fiscal year 2012 for military operability, safety, and utility, or any activ- (1) IN GENERAL.—Not later than 120 days activities of the Department of De- after the date of the enactment of this Act, ity otherwise defined as Milestone B, or Key fense, for military construction, and the Secretary of Defense shall modify the ac- Decision Point B in the case of a space pro- for defense activities of the Depart- quisition regulations of the Department of gram, under Department of Defense Instruc- tion 5000.02 or related authorities. ment of Energy, to prescribe military Defense to prohibit the Department from en- personnel strengths for such fiscal tering into cost-type contracts for the pro- Mr. MCCAIN (for himself, year, and for other purposes; which was duction of major defense acquisition pro- SA 1250. grams (MDAPs). Mr. BROWN of Massachusetts, and Mr. ordered to lie on the table; as follows: (2) EXCEPTION FOR JOINT URGENT OPER- LIEBERMAN) submitted an amendment At the end of subtitle H of title X, add the ATIONAL NEEDS.—The prohibition under sub- intended to be proposed by him to the following: section (a) shall not apply in the case of a bill S. 1867, to authorize appropriations SEC. 1088. LIMITATION ON THE USE OF particular cost-plus contract if the Under for fiscal year 2012 for military activi- CLUSTER MUNITIONS. Secretary for Acquisition, Technology, and ties of the Department of Defense, for (a) LIMITATION.—No funds appropriated or Logistics— military construction, and for defense otherwise available to any Federal depart- (A) certifies, in writing, with reasons, and activities of the Department of Energy, ment or agency may be obligated or ex- on the basis of a validation of a joint urgent pended to use any cluster munitions unless— operational need by the Joint Requirements to prescribe military personnel (1) the submunitions of the cluster muni- Oversight Council, that a cost-type contract strengths for such fiscal year, and for tions, after arming, do not result in more is needed to provide capability required to other purposes; as follows: than 1 percent unexploded ordnance across satisfy a joint urgent operational need; and At the end of subtitle D of title I, add the the range of intended operational environ- (B) provides the certification to the con- following: ments; and gressional defense committees not later than SEC. 158. REPORT ON PROBATIONARY PERIOD IN (2) the policy applicable to the use of such 30 business before issuing a solicitation for DEVELOPMENT OF SHORT TAKE- cluster munitions specifies that the cluster the production of a major defense acquisi- OFF, VERTICAL LANDING VARIANT munitions will only be used against clearly tion program. OF THE JOINT STRIKE FIGHTER. defined military targets and will not be used (b) CONDITIONS WITH RESPECT TO DEVELOP- Not later than 45 days after the date of the where civilians are known to be present or in MENT OF MAJOR DEFENSE ACQUISITION PRO- enactment of this Act, the Secretary of De- areas normally inhabited by civilians. GRAMS.—Section 818(d) of the John Warner fense shall submit to the congressional de- (b) PRESIDENTIAL WAIVER.—The President National Defense Authorization Act for Fis- fense committees a report on the develop- may waive the requirement under subsection

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(a)(1) if, prior to the use of cluster muni- ‘‘(3) the basic allowance for housing pay- (b) CLERICAL AMENDMENT.—The table of tions, the President— able under section 403 of title 37 for a mem- sections at the beginning of chapter 1209 of (1) certifies that it is vital to protect the ber in the same pay grade, geographic loca- such title is amended by adding at the end security of the United States; and tion, and number of dependents as the mem- the following new item: (2) not later than 30 days after making ber. ‘‘12323. Reserves: temporary retention on ac- ‘‘(d) EARLY RELEASE FROM ACTIVE DUTY.— such certification, submits to the appro- tive duty after demobilization (1) Subject to paragraph (2), at the written priate congressional committees a report, in following extended deployments classified form if necessary, describing in de- request of a member retained on active duty under subsection (a), the member shall be rein contingency operations or tail— homeland defense missions.’’. (A) the steps that will be taken to protect leased from active duty not later than the civilians; and end of the 14-day period commencing on the (B) the failure rate of the cluster muni- date the request was received. If such 14-day SA 1254. Mr. LIEBERMAN (for him- tions that will be used and whether such mu- period would end after the end of the 45-day self and Mr. CORNYN) submitted an nitions are fitted with self-destruct or self- period specified in subsection (a), the mem- amendment intended to be proposed by deactivation devices. ber shall be released from active duty not him to the bill S. 1867, to authorize ap- (c) CLEANUP PLAN.—Not later than 90 days later than the end of such 45-day period. ‘‘(2) The request of a member for early re- propriations for fiscal year 2012 for after any cluster munitions are used by a military activities of the Department Federal department or agency, the President lease from active duty under paragraph (1) shall submit to the appropriate congres- may be denied only for medical or personal of Defense, for military construction, sional committees a plan, prepared by such safety reasons. The denial of the request and for defense activities of the De- Federal department or agency, for cleaning shall require the affirmative action of an of- partment of Energy, to prescribe mili- up any such cluster munitions and submuni- ficer in a grade above O–5 who is in the chain tary personnel strengths for such fiscal tions which fail to explode and continue to of command of the member. If the request is not denied before the end of the 14-day period year, and for other purposes; which was pose a hazard to civilians. ordered to lie on the table; as follows: (e) APPROPRIATE CONGRESSIONAL COMMIT- applicable under paragraph (1), the request At the end of subtitle G of title X, add the TEES DEFINED.—In this section, the term shall be deemed to be approved, and the ‘‘appropriate congressional committees’’ member shall be released from active duty as following: means the congressional defense committees requested. SEC. 1080. REPORT ON APPROVAL AND IM- ‘‘(e) TREATMENT OF ACTIVE DUTY UNDER and the Committee on Foreign Relations of PLEMENTATION OF AIR SEA BATTLE POLICY ON LIMITATION OF PERIOD OF MOBILI- the Senate and the Committee on Foreign CONCEPT. Affairs of the House of Representatives. ZATION.—The active duty of a member under this section shall not be included in the pe- (a) REPORT REQUIRED.—Not later than 180 SA 1253. Mr. WYDEN submitted an riod of mobilization of units or individuals days after the date of the enactment of this amendment intended to be proposed by under section 12302 of this title under any Act, the Secretary of Defense shall submit to Congress a report on the approved Air Sea him to the bill S. 1867, to authorize ap- policy of the Department of Defense limiting the period of mobilization of units or indi- Battle Concept, as required by the 2010 Quad- propriations for fiscal year 2012 for viduals to a specified period, including the rennial Defense Review Report, and a plan military activities of the Department policy to limit such period of mobilization to for the implementation of the concept. of Defense, for military construction, 12 months as described in the memorandum (b) ELEMENTS.—The report required by sub- and for defense activities of the De- of the Under Secretary of Defense for Per- section (a) shall include, at a minimum, the partment of Energy, to prescribe mili- sonnel and Readiness entitled ‘Revised Mobi- following: tary personnel strengths for such fiscal lization/Demobilization Personnel and Pay (1) The approved Air Sea Battle Concept. year, and for other purposes; as fol- Policy for Reserve Component Members Or- (2) An identification and assessment of dered to Active Duty in Response to the lows: risks related to gaps between Air Sea Battle World Trade Center and Pentagon Attacks– Concept requirements and the current force At the end of subtitle B of title V, add the Section 1,’ effective January 19, 2007. structure and capabilities of the Department following: ‘‘(f) REINTEGRATION COUNSELING AND SERV- of Defense. SEC. 515. TEMPORARY RETENTION ON AC- ICES.—(1) The Secretary of the military de- (3) The plan and assessment of the Depart- TIVE DUTY AFTER DEMOBILIZATION OF partment concerned may provide each mem- ment on the risks to implementation of the RESERVES FOLLOWING EXTENDED DE- ber retained on active duty under subsection approved concept within the current force PLOYMENTS IN CONTINGENCY OPER- (a), while the member is so retained on ac- structure and capabilities. ATIONS OR HOMELAND DEFENSE MIS- tive duty, counseling and services to assist (4) A description and assessment of how SIONS. the member in reintegrating into civilian current research, development, and acquisi- (a) IN GENERAL.—Chapter 1209 of title 10, life. tion priorities in the program of record meet ‘‘(2) The counseling and services provided United States Code, is amended by adding at or fail to meet current and future require- members under this subsection may include the end the following new section: ments for implementation of the Air Sea the following: Battle Concept. ‘‘§ 12323. Reserves: temporary retention on ‘‘(A) Physical and mental health evalua- (5) An identification, in order of priority, active duty after demobilization following tions. of the five most critical force structure or extended deployments in contingency oper- ‘‘(B) Employment counseling and assist- capabilities requiring increased or sustained ations or homeland defense missions ance. investment for the implementation of the ‘‘(a) IN GENERAL.—Subject to subsection ‘‘(C) Marriage and family counseling and Air Sea Battle Concept. (d), a member of a reserve component of the assistance. (6) An identification, in order of priority, armed forces described in subsection (b) shall ‘‘(D) Financial management counseling. of how the Department will offset the in- be retained on active duty in the armed ‘‘(E) Education counseling. creased costs for force structure and capa- forces for a period of 45 days following the ‘‘(F) Counseling and assistance on benefits bilities required by implementation of the conclusion of the member’s demobilization available to the member through the Depart- Air Sea Battle Concept, including an expla- from a deployment as described in that sub- ment of Defense and the Department of Vet- nation of what force structure, capabilities, section, and shall be authorized the use of erans Affairs. any accrued leave. ‘‘(3) The Secretary of the military depart- and programs will be reduced and how poten- ‘‘(b) COVERED MEMBERS.—A member of a ment concerned shall provide, to the extent tially increased risks based on those reduc- reserve component of the armed forces de- practicable, for the participation of appro- tions will be managed relative to other stra- scribed in this subsection is any member of priate family members of members retained tegic requirements. a reserve component of the armed forces who on active duty under subsection (a) in the (7) A description and assessment of the es- was deployed for more than 269 days under counseling and services provided such mem- timated incremental increases in costs and the following: bers under this subsection. savings from implementing the Air Sea Bat- ‘‘(1) A contingency operation. ‘‘(4) The counseling and services provided tle Concept, including the most significant ‘‘(2) A homeland defense mission (as speci- to members under this subsection shall, to reasons for those increased costs and sav- fied by the Secretary of Defense for purposes the extent practicable, be provided at Na- ings. of this section). tional Guard armories and similar facilities (8) A description and assessment of the ‘‘(c) PAY AND ALLOWANCES.—Notwith- close the residences of such members. contributions required from allies and other standing any other provision of law, while a ‘‘(5) Counseling and services provided a international partners, including the identi- member is retained on active duty under member under this subsection shall, to the fication and plans for management of related subsection (a), the member shall receive— extent practicable, be provided in coordina- risks, in order to implement the Air Sea Bat- ‘‘(1) the basic pay payable to a member of tion with the Yellow Ribbon Reintegration tle Concept. the armed forces under section 204 of title 37 Program of the State concerned under sec- (9) Such other matters relating to the de- in the same pay grade as the member; tion 582 of the National Defense Authoriza- velopment and implementation of the Air ‘‘(2) the basic allowance for subsistence tion Act for Fiscal Year 2008 (10 U.S.C. 10101 Sea Battle Concept as the Secretary con- payable under section 402 of title 37; and note).’’. siders appropriate.

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(c) SEPARATE ASSESSMENT BY CJCS.—The intelligence personnel, and the diplomatic benchmarks established pursuant to sub- report required by subsection (a) shall in- corps have skillfully achieved the core goal section (b) and the plan pursuant to sub- clude in a separate enclosure the inde- of the United States strategy in Afghani- section (c) with each report on progress pendent assessment of the Chairman of the stan, and Secretary of Defense Leon E. Pa- Joint Chiefs of Staff on the following: netta has noted that al Qaeda’s presence in SA 1258. Mr. MERKLEY proposed an (1) The approved Air Sea Battle Concept. Afghanistan has been greatly diminished. amendment to the bill S. 1867, to au- (2) The relationship of the Air Sea Battle (9) On May 1, 2011, in support of the goal to thorize appropriations for fiscal year Concept to the National Military Strategy. disrupt, dismantle, and defeat al Qaeda, 2012 for military activities of the De- (3) Any changes in the distribution of stra- President Obama authorized a United States partment of Defense, for military con- tegic or operational risks associated with operation that killed Osama bin Laden, lead- struction, and for defense activities of implementation of Air Sea Battle Concept, er of al Qaeda. While the impact of his death including increases or decreases in force on al Qaeda remains to be seen, Secretary of the Department of Energy, to prescribe structure, capabilities, or investment prior- Defense Robert Gates called the death of bin military personnel strengths for such ities as identified in paragraphs (5) and (6) of Laden a ‘‘game changer’’ in a speech on May fiscal year, and for other purposes; as subsection (b). 6, 2011. follows: (4) Such other matters related to the devel- (10) Over the past ten years, the mission of At the appropriate place, insert the fol- opment, content, and plans for the imple- the United States has evolved to include a lowing: mentation of the Air Sea Battle Concept as prolonged nation-building effort in Afghani- SEC. ll. DESIGNATION OF QUALIFIED CENSUS the Chairman considers appropriate. stan, including the creation of a strong cen- TRACTS. (d) SEPARATE ASSESSMENTS BY SECRE- tral government, a national police force and (a) DESIGNATION.— TARIES OF MILITARY DEPARTMENTS.—The re- army, and effective civic institutions. (1) IDENTIFICATION OF HUBZONE QUALIFIED port required by subsection (a) shall include (11) Such nation-building efforts in Afghan- CENSUS TRACTS.—Not later than 2 months in separate enclosures the independent as- istan are undermined by corruption, high il- after the date on which the Secretary of sessments of each of the Secretaries of the literacy, and a historic aversion to a strong Housing and Urban Development receives military departments on the following: central government in that country. from the Census Bureau the data obtained (1) The approved Air Sea Battle Concept. (12) The continued concentration of United from each decennial census relating to cen- (2) Any changes in the distribution of risk States and NATO military forces in one re- sus tracts necessary for such identification, associated with implementation of Air Sea gion, when terrorist forces are located in the Secretary of Housing and Urban Develop- Battle Concept, including increases or de- many parts of the world, is not an efficient ment shall identify and publish the list of creases in force structure, capabilities, or in- use of resources. census tracts that meet the requirements of vestment priorities as identified in sub- (13) The battle against terrorism is best section 42(d)(5)(B)(ii) of the Internal Revenue section (b)(5). served by using United States troops and re- Code of 1986. (3) Such other matters related to the devel- sources in a counterterrorism strategy (2) SPECIFICATION OF EFFECTIVE DATES OF opment, content, and plans for the imple- against terrorist forces wherever they may DESIGNATION.— mentation of the Air Sea Battle Concept as locate and train. (A) HUBZONE EFFECTIVE DATE.—The Sec- such Secretary considers appropriate. (14) The United States Government will retary of Housing and Urban Development, (e) FORM.—The report required by sub- continue to support the development of Af- after consultation with the Administrator of section (a) shall be submitted in both unclas- ghanistan with a strong diplomatic and the Small Business Administration, shall sified and classified form. counterterrorism presence in the region. designate a date that is not later than 3 (b) BENCHMARKS REQUIRED.—The President months after the publication of the list of SA 1255. Mr. NELSON of Florida (for shall establish, and may update from time to qualified census tracts under paragraph (1) himself and Mr. SCHUMER) submitted time, a comprehensive set of benchmarks to upon which the list published under para- an amendment intended to be proposed evaluate progress being made toward the ob- graph (1) becomes effective for areas that by him to the bill S. 1867, to authorize jective of transitioning and transferring lead qualify as HUBZones under section 3(p)(1)(A) appropriations for fiscal year 2012 for security responsibilities in Afghanistan to of the Small Business Act (15 U.S.C. military activities of the Department the Government of Afghanistan by December 632(p)(1)(A)). 31, 2014. of Defense, for military construction, (B) SECTION 42 EFFECTIVE DATE.—The Sec- (c) TRANSITION PLAN.—The President shall retary of Housing and Urban Development and for defense activities of the De- devise a plan based on inputs from military shall designate a date, which may differ from partment of Energy, to prescribe mili- commanders, the diplomatic missions in the the HUBZone effective date under subpara- tary personnel strengths for such fiscal region, and appropriate members of the Cabi- graph (A), upon which the list of qualified year, and for other purposes; as fol- net, along with the consultation of Congress, census tracts published under paragraph (1) lows: for expediting the drawdown of United shall become effective for purposes of section At the end of subtitle C of title VII, add States combat troops in Afghanistan and ac- 42(d)(5)(B)(ii) of the Internal Revenue Code of the following: celerating the transfer of security authority 1986. to Afghan authorities. SEC. 723. EPIDEMIOLOGICAL STUDY ON HEALTH (3) RULE OF CONSTRUCTION.—Nothing in this OF MILITARY PERSONNEL EXPOSED (d) SUBMITTAL TO CONGRESS.—The Presi- subsection may be construed to affect the TO BURN PIT EMISSIONS AT JOINT dent shall include the most current set of method used by the Secretary of Housing BASE BALAD. benchmarks established pursuant to sub- and Urban Development to designate census The Secretary of Defense shall conduct a section (b) and the plan pursuant to sub- tracts as qualified census tracts in a year in cohort study on the long-term health effects section (c) with each report on progress which the Secretary of Housing and Urban of exposure to burn pit emissions in military Development receives no data from the Cen- personnel deployed at Joint Base Balad. The SA 1257. Mr. MERKLEY (for himself, sus Bureau relating to census tract bound- study shall include a prospective evaluation Mr. LEE, and Mr. PAUL) proposed an aries. from retrospective estimates of such expo- amendment to the bill S. 1867, to au- (b) REPORT.—Not later than 1 year after sures. The study shall be conducted in ac- thorize appropriations for fiscal year the date of enactment of this Act, the Ad- cordance with recommendations by the In- 2012 for military activities of the De- ministrator of the Small Business Adminis- stitute of Medicine concluding that further partment of Defense, for military con- tration shall submit to the Committee on study is needed to establish correlation be- Small Business and Entrepreneurship of the tween burn pit exposure and disease. struction, and for defense activities of Senate and the Committee on Small Busi- the Department of Energy, to prescribe ness of the House of Representatives a report SA 1256. Mr. MERKLEY (for himself, military personnel strengths for such that— Mr. LEE, and Mr. PAUL) proposed an fiscal year, and for other purposes; as (1) describes the benefits and drawbacks of amendment to the bill S. 1867, to au- follows: using qualified census tract data to des- thorize appropriations for fiscal year On page 484, strike line 22 through line 24 ignate HUBZones under section 3(p) of the 2012 for military activities of the De- and insert the following: Small Business Act (15 U.S.C. 632(p)); partment of Defense, for military con- (c) TRANSITION PLAN.—The President shall (2) describes any problems encountered by devise a plan based on inputs from military the Administrator in using qualified census struction, and for defense activities of tract data to designate HUBZones; and the Department of Energy, to prescribe commanders, the diplomatic missions in the region, and appropriate members of the Cabi- (3) includes recommendations, if any, for military personnel strengths for such net, along with the consultation of Congress, ways to improve the process of designating fiscal year, and for other purposes; as for expediting the drawdown of United HUBZones. follows: States combat troops in Afghanistan and ac- On page 484, strike lines 8 through 24 and celerating the transfer of security authority SA 1259. Mr. BROWN of Ohio sub- insert the following: to Afghan authorities. mitted an amendment intended to be (8) During the course of Operation Endur- (d) SUBMITTAL TO CONGRESS.—The Presi- proposed by him to the bill S. 1867, to ing Freedom, members of the Armed forces, dent shall include the most current set of authorize appropriations for fiscal year

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.081 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7850 CONGRESSIONAL RECORD — SENATE November 18, 2011 2012 for military activities of the De- ‘‘(11) The term ‘produced’, as used in sub- by the Secretary, to carry out the convey- partment of Defense, for military con- sections (a) and (b), means melted, or proc- ance under subsection (a), including survey struction, and for defense activities of essed in a manner that results in physical or costs, costs for environmental documenta- the Department of Energy, to prescribe chemical property changes that are the tion, and any other administrative costs re- equivalent of melting. The term does not in- lated to the conveyance. military personnel strengths for such clude finishing processes such as rolling, (2) TREATMENT OF AMOUNTS RECEIVED.— fiscal year, and for other purposes; as heat treatment, quenching, tempering, Amounts received as reimbursement under follows: grinding, or shaving.’’. paragraph (1) shall be credited to the fund or At the end of subtitle C of title III, add the account that was used to cover those costs following: SA 1263. Mr. BROWN of Ohio sub- incurred by the Secretary in carrying out SEC. 325. LINKING DOMESTIC MANUFACTURERS mitted an amendment intended to be the conveyance. Amounts so credited shall TO DEFENSE SUPPLY CHAIN OPPOR- proposed by him to the bill S. 1867, to be merged with amounts in such fund or ac- TUNITIES. count, and shall be available for the same The Secretary of Defense is authorized to authorize appropriations for fiscal year 2012 for military activities of the De- purposes, and subject to the same conditions work with the Hollings Manufacturing Part- and limitations, as amounts in such fund or nership Program and other manufacturing- partment of Defense, for military con- account. related local intermediaries designated by struction, and for defense activities of (f) DESCRIPTION OF PROPERTY.—The exact the Secretary to develop a multi-agency the Department of Energy, to prescribe acreage and legal description of the property comprehensive plan to expand domestic de- military personnel strengths for such to be conveyed under subsection (a) shall be fense and industrial base supply chains with fiscal year, and for other purposes; as determined by a survey satisfactory to the involvement from other applicable Federal follows: Secretary of the Army and the Port Author- agencies or industry consortiums— ity. The cost of such survey shall be borne by At the end of subtitle C of title XXVIII, (1) to identify United States manufacturers the Port Authority. add the following: currently producing, or capable of producing, (g) ADDITIONAL TERMS AND CONDITIONS.— defense and industrial base equipment, com- SEC. 2823. LAND CONVEYANCE, JOHN KUNKEL The Secretary of the Army may require such ponent parts, or similarly performing prod- ARMY RESERVE CENTER, WARREN, additional terms and conditions in connec- OHIO. ucts; and tion with the conveyance as the Secretary (a) CONVEYANCE AUTHORIZED.—The Sec- (2) to work with partners to identify and considers appropriate to protect the inter- retary of the Army may convey to the West- address gaps in domestic supply chains. ests of the United States. ern Reserve Port Authority of Vienna, Ohio SA 1260. Mr. BROWN of Ohio sub- (in this section referred to as the ‘‘Port Au- SA 1264. Mr. COONS submitted an mitted an amendment intended to be thority’’), all right, title, and interest of the amendment intended to be proposed by United States in and to a parcel of real prop- proposed by him to the bill S. 1867, to him to the bill S. 1867, to authorize ap- authorize appropriations for fiscal year erty, including any improvements thereon, consisting of approximately 6.95 acres and propriations for fiscal year 2012 for 2012 for military activities of the De- containing the John Kunkel Army Reserve military activities of the Department partment of Defense, for military con- Center located at 4967 Tod Avenue in Warren, of Defense, for military construction, struction, and for defense activities of Ohio, for the purpose of permitting the Port and for defense activities of the De- the Department of Energy, to prescribe Authority to use the parcel for development partment of Energy, to prescribe mili- military personnel strengths for such of a port facility and for other public pur- tary personnel strengths for such fiscal fiscal year, and for other purposes; as poses. year, and for other purposes; which was follows: (b) INCLUSION OF PERSONAL PROPERTY.— The Secretary of the Army may include as ordered to lie on the table; as follows: Strike section 846. part of the conveyance under subsection (a) At the end of subtitle B of title III, add the following: SA 1261. Mr. BROWN of Ohio sub- personal property located at the John Kunkel Army Reserve Center that— SEC. 316. USE OF INNOVATIVE FINANCING MECH- mitted an amendment intended to be (1) the Secretary of Transportation rec- ANISMS FOR REPLACEMENT AND AC- proposed by him to the bill S. 1867, to ommends would be appropriate for the devel- QUISITION OF ENERGY EFFICIENT authorize appropriations for fiscal year opment or operation of a port facility at the EQUIPMENT AND IMPLEMENTATION OF ENERGY CONSERVATION 2012 for military activities of the De- site; and PROJECTS. partment of Defense, for military con- (2) the Secretary of the Army agrees is ex- The Secretary of Defense shall make the struction, and for defense activities of cess to the needs of the Army. maximum use of financing mechanisms to the Department of Energy, to prescribe (c) INTERIM LEASE.—Until such time as the reduce the use of appropriated funds and le- military personnel strengths for such real property described in subsection (a) is verage more efficiency for the Department conveyed to the Port Authority, the Sec- when replacing energy equipment, acquiring fiscal year, and for other purposes; as retary of the Army may lease the property follows: new energy efficient equipment, and imple- to the Port Authority. menting energy conservation projects. At the end of title XXVII, add the fol- (d) CONSIDERATION.— lowing: (1) CONVEYANCE.—The conveyance under SA 1265. Mr. COONS (for himself, SEC. 2705. SMALL BUSINESS HUBZONES. subsection (a) shall be made without consid- Mrs. SHAHEEN, and Mr. PORTMAN) sub- Section 152(a)(2) of the Small Business Re- eration as a public benefit conveyance for mitted an amendment intended to be authorization and Manufacturing Assistance port development if the Secretary of the Act of 2004 (15 U.S.C. 632 note) is amended by Army determines that the Port Authority proposed by him to the bill S. 1867, to inserting before the period at the end ‘‘, be- satisfies the criteria specified in section 554 authorize appropriations for fiscal year ginning on the date of enactment of the Na- of title 40, United States Code, and regula- 2012 for military activities of the De- tional Defense Authorization Act for Fiscal tions prescribed to implement such section. partment of Defense, for military con- Year 2012’’. If the Secretary determines that the Port struction, and for defense activities of Authority fails to qualify for a public benefit the Department of Energy, to prescribe SA 1262. Mr. BROWN of Ohio sub- conveyance, but the Port Authority still de- mitted an amendment intended to be military personnel strengths for such sires to acquire the property, the Port Au- fiscal year, and for other purposes; proposed by him to the bill S. 1867, to thority shall pay to the United States an authorize appropriations for fiscal year amount equal to the fair market value of the which was ordered to lie on the table; 2012 for military activities of the De- property to be conveyed. The fair market as follows: partment of Defense, for military con- value of the property shall be determined by At the end of subtitle H of title X, add the following: struction, and for defense activities of the Secretary. (2) LEASE.—The Secretary of the Army SEC. 1088. ELECTRIC VEHICLE CHARGING INFRA- the Department of Energy, to prescribe may accept as consideration for a lease of STRUCTURE. military personnel strengths for such the property under subsection (c) an amount Section 804(4) of the National Energy Con- fiscal year, and for other purposes; as that is less than fair market value if the Sec- servation Policy Act (42 U.S.C. 8287c(4)) is follows: retary determines that the public interest amended— At the end of subtitle E of title VIII, add will be served as a result of the lease. (1) in subparagraph (A), by striking ‘‘or’’ the following: (e) PAYMENT OF COSTS OF CONVEYANCE.— after the semicolon; SEC. 889. ADDITIONAL DEFINITION RELATING TO (1) PAYMENT REQUIRED.—The Secretary (2) in subparagraph (B), by striking the pe- PRODUCTION OF SPECIALTY MET- shall require the Port Authority to reim- riod at the end and inserting ‘‘; or’’; and ALS WITHIN THE UNITED STATES. burse the Secretary to cover costs (except (3) by adding at the end the following: Section 2533b(m) of title 10, United States costs for environmental remediation of the ‘‘(C) a measure to support the use of elec- Code, is amended by adding at the end the property) to be incurred by the Secretary, or tric vehicles or the fueling or charging infra- following new paragraph: to reimburse the Secretary for costs incurred structure necessary for electric vehicles.’’.

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.082 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7851 SA 1266. Mr. WARNER submitted an be final. In lieu of all or a portion of cash HUTCHISON) submitted an amendment amendment intended to be proposed by payment of consideration, the Secretary intended to be proposed by him to the him to the bill S. 1867, to authorize ap- may accept in-kind consideration, including bill S. 1867, to authorize appropriations environmental remediation for the property propriations for fiscal year 2012 for conveyed. for fiscal year 2012 for military activi- military activities of the Department (c) PAYMENT OF COSTS OF CONVEYANCE.— ties of the Department of Defense, for of Defense, for military construction, (1) PAYMENT REQUIRED.—The Secretary military construction, and for defense and for defense activities of the De- shall require the Lessee to reimburse the activities of the Department of Energy, partment of Energy, to prescribe mili- Secretary to cover costs (except costs for en- to prescribe military personnel tary personnel strengths for such fiscal vironmental remediation of the property) to strengths for such fiscal year, and for year, and for other purposes; which was be incurred by the Secretary, or to reim- other purposes; which was ordered to burse the Secretary for costs incurred by the lie on the table; as follows: ordered to lie on the table; as follows: Secretary, to carry out the conveyance At the end of subtitle B of title III, add the under subsection (a), including survey costs, At the end of subtitle C of title VI, add the following: costs for environmental documentation, and following: SEC. 316. TRAINING POLICY FOR DEPARTMENT any other administrative costs related to the SEC. 634. TREATMENT OF MEMBERS OF THE OF DEFENSE ENERGY MANAGERS. conveyance. ARMED FORCES AND CIVILIAN EM- PLOYEES OF THE DEPARTMENT OF (a) ESTABLISHMENT OF TRAINING POLICY.— (2) TREATMENT OF AMOUNTS RECEIVED.— DEFENSE WHO WERE KILLED OR The Secretary of Defense shall establish a Amounts received as reimbursement under WOUNDED IN THE NOVEMBER 5, training policy for Department of Defense paragraph (1) shall be credited to the fund or 2009, ATTACK AT FORT HOOD, TEXAS, energy managers designated for military in- account that was used to cover those costs OR IN THE JUNE 1, 2009, ATTACK AT stallations in order to— incurred by the Secretary in carrying out A RECRUITING STATION IN LITTLE (1) improve the knowledge, skills, and the conveyance. Amounts so credited shall ROCK, ARKANSAS. abilities of energy managers by ensuring un- be merged with amounts in such fund or ac- (a) TREATMENT.—For purposes of all appli- derstanding of existing energy laws, regula- count, and shall be available for the same cable Federal laws, regulations, and policies, tions, mandates, contracting options, local purposes, and subject to the same conditions a member of the Armed Forces or civilian renewable portfolio standards, current re- and limitations, as amounts in such fund or employee of the Department of Defense who newable energy technology options, energy account. was killed or wounded in the attack that oc- auditing, and options to reduce energy con- (d) COMPLIANCE WITH ENVIRONMENTAL curred at Fort Hood, Texas, on November 5, sumption; LAWS.—Nothing in this section shall be con- 2009, or in the attack that occurred at a re- (2) improve consistency among energy strued to affect or limit the application of, cruiting station in Little Rock, Arkansas, on managers throughout the Department in the or any obligation to comply with, any envi- June 1, 2009, shall be deemed as follows: performance of their responsibilities; ronmental law, including the Comprehensive (1) In the case of a member, to have been (3) create opportunities and forums for en- Environmental Response, Compensation, and killed or wounded in a combat zone as the re- ergy managers to exchange ideas and lessons Liability Act of 1980 (42 U.S.C. 9601 et seq.) sult of an act of an enemy of the United learned within each military department, as and the Solid Waste Disposal Act (42 U.S.C. States. well as across the Department of Defense; 6901 et seq.). (2) In the case of a civilian employee of the and (e) TREATMENT OF CASH CONSIDERATION RE- Department of Defense— (4) collaborate with the Department of En- CEIVED.—Any cash payment received by the (A) to have been killed or wounded while ergy regarding energy manager training. United States as consideration for the con- serving with the Armed Forces in a contin- (b) ISSUANCE OF POLICY.—Not later than 180 veyance under subsection (a) shall be depos- gency operation; and days after the date of the enactment of this ited in the special account in the Treasury (B) to have been killed or wounded in a ter- Act, the Secretary of Defense shall issue the established under subsection (b) of section rorist attack. 572 of title 40, United States Code, and shall training policy for Department of Defense (b) EXCEPTION.—Subsection (a) shall not be available in accordance with paragraph energy managers. apply to a member of the Armed Forces (5)(B) of such subsection. (c) BRIEFING REQUIREMENT.—Not later than whose death or wound as described in that (f) DESCRIPTION OF PROPERTY.—The exact 180 days after the date of the enactment of subsection is the result of the willful mis- acreage and legal description of the parcel of conduct of the member. this Act, the Secretary of Defense, or des- real property to be conveyed under this sec- ignated representatives of the Secretary, tion shall be determined by a survey satis- Mr. PAUL submitted an shall brief the Committees on Armed Serv- SA 1270. factory to the Secretary. amendment intended to be proposed by ices of the Senate and House of Representa- (g) ADDITIONAL TERMS AND CONDITIONS.— tives regarding the details of the energy The Secretary may require such additional him to the bill S. 1867, to authorize ap- manager policy. terms and conditions in connection with the propriations for fiscal year 2012 for conveyance under subsection (a) as the Sec- military activities of the Department SA 1267. Mr. BEGICH submitted an retary considers appropriate to protect the of Defense, for military construction, amendment intended to be proposed by interests of the United States. and for defense activities of the De- him to the bill S. 1867, to authorize ap- partment of Energy, to prescribe mili- SA 1268. Mr. PAUL submitted an propriations for fiscal year 2012 for tary personnel strengths for such fiscal military activities of the Department amendment intended to be proposed by him to the bill S. 1867, to authorize ap- year, and for other purposes; which was of Defense, for military construction, propriations for fiscal year 2012 for ordered to lie on the table; as follows: and for defense activities of the De- military activities of the Department Insert after section 4 the following: partment of Energy, to prescribe mili- of Defense, for military construction, SEC. 5. REDUCTION IN AUTHORIZATION OF AP- tary personnel strengths for such fiscal PROPRIATIONS OF TWO PERCENT. and for defense activities of the De- (a) REDUCTION.—Notwithstanding any year, and for other purposes; which was partment of Energy, to prescribe mili- ordered to lie on the table; as follows: other provision of this Act and except as pro- tary personnel strengths for such fiscal vided in subsection (b), the aggregate At the end of subtitle C of title XXVIII, year, and for other purposes; which was amount authorized to be appropriated by add the following: ordered to lie on the table; as follows: this Act is the total amount authorized to be SEC. 2823. LAND CONVEYANCE, FORT WAIN- Insert after section 4 the following: appropriated by this Act minus an amount WRIGHT, ALASKA. SEC. 5. REDUCTION IN AUTHORIZATION OF AP- equal to two percent of such total amount, (a) CONVEYANCE AUTHORIZED.—The Sec- PROPRIATIONS OF ONE PERCENT. for a total of not to exceed $553,900,000,000. retary of the Army may convey to the lessee (a) REDUCTION.—Notwithstanding any (b) EXCEPTION.—Amounts authorized to be of a parcel of real property located at Fort other provision of this Act and except as pro- appropriated by title XV (overseas contin- Wainwright, Alaska, known as the Birch- vided in subsection (b), the aggregate gency operations) of this Act shall not be in- wood Property (the ‘‘Lessee’’) all right, title, amount authorized to be appropriated by cluded in any calculation under subsection and interest of the United States in and to this Act is the total amount authorized to be (a). such parcel, including any improvements appropriated by this Act minus an amount thereon, consisting of approximately 76 equal to one percent of such total amount, SA 1271. Mr. SHELBY submitted an acres. for a total of not to exceed $559,500,000,000. amendment intended to be proposed by (b) CONSIDERATION.—As consideration for (b) EXCEPTION.—Amounts authorized to be him to the bill S. 1867, to authorize ap- the conveyance under subsection (a), the appropriated by title XV (overseas contin- propriations for fiscal year 2012 for Lessee shall pay to the Secretary an amount gency operations) of this Act shall not be in- military activities of the Department that is not less than the fair market value of cluded in any calculation under subsection the property conveyed, as determined by the (a). of Defense, for military construction, Secretary, or exchange an equitable piece of and for defense activities of the De- property subject to the approval of the Sec- SA 1269. Mr. BOOZMAN (for himself, partment of Energy, to prescribe mili- retary. The Secretary’s determination shall Mr. CORNYN, Mr. PRYOR, and Mrs. tary personnel strengths for such fiscal

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.084 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7852 CONGRESSIONAL RECORD — SENATE November 18, 2011 year, and for other purposes; which was (ii) in subsection (a)— military activities of the Department ordered to lie on the table; as follows: (I) in paragraph (2), by striking ‘‘section of Defense, for military construction, At the end of subtitle B of title IX, add the 35(c)(2)(B)’’ and inserting ‘‘section and for defense activities of the De- following: 34(c)(2)(B)’’; partment of Energy, to prescribe mili- (II) in paragraph (4), by striking ‘‘section SEC. 914. PROHIBITION ON APPROVAL OF CER- 35(c)(2)’’ and inserting ‘‘section 34(c)(2)’’; and tary personnel strengths for such fiscal TAIN NATIONAL SECURITY SPACE year, and for other purposes; as fol- PROGRAMS THAT DO NOT INCLUDE (III) in paragraph (5), by striking ‘‘section REASONABLE COST ESTIMATES FOR 35(c)’’ and inserting ‘‘section 34(c)’’; and lows: LAUNCH VEHICLES. (iii) in subsection (h)(2), by striking ‘‘sec- On page 360, between lines 17 and 18, insert (a) SENSE OF CONGRESS.—It is the sense of tion 35(d)’’ and inserting ‘‘section 34(d)’’; the following: Congress that— (D) in section 34 (15 U.S.C. 657e), as so re- (5) Notwithstanding disposition under (1) it should be a joint priority objective of designated— paragraph (2) or (3), further detention under the Secretary of Defense and the Director of (i) by striking ‘‘section 34’’ each place it the law of war until the end of hostilities au- National Intelligence to reduce the overall appears and inserting ‘‘section 33’’; and thorized by the Authorization for Use of cost of space launch without jeopardizing the (ii) in subsection (c)(1), by striking section Military Force. enviable recent record of successful national ‘‘34(c)(1)(E)(ii)’’ and inserting section security space launches by the United ‘‘33(c)(1)(E)(ii)’’; SA 1275. Mr. BEGICH submitted an States; (E) in section 36(d) (15 U.S.C. 657i(d)), as so amendment intended to be proposed by (2) a variety of tools should be considered redesignated, by striking ‘‘section 43’’ and him to the bill S. 1867, to authorize ap- to achieve that objective, including the in- inserting ‘‘section 42’’; propriations for fiscal year 2012 for (F) in section 39(d) (15 U.S.C. 657l(d)), as so troduction of competition for contracts re- military activities of the Department lating to space launch activities, the redesignated, by striking ‘‘section 43’’ and leveraging of lot purchases and economies of inserting ‘‘section 42’’; and of Defense, for military construction, scale, and the provision of cost-reduction in- (G) in section 40(b) (15 U.S.C. 657m(b)), as and for defense activities of the De- centives relating to such contracts; and so redesignated, by striking ‘‘section 43’’ and partment of Energy, to prescribe mili- (3) the document entitled ‘‘Coordinated inserting ‘‘section 42’’. tary personnel strengths for such fiscal Strategy Among the United States Air (2) TITLE 10.—Section 1142(b)(13) of title 10, year, and for other purposes; which was Force, the National Reconnaissance Office, United States Code, is amended by striking ordered to lie on the table; as follows: and the National Aeronautics and Space Ad- ‘‘and the National Veterans Business Devel- At the end of subtitle H of title X, add the ministration for New Entrant Launch Vehi- opment Corporation’’. following: cle Certification’’, dated October 12, 2011, (3) TITLE 38.—Section 3452(h) of title 38, sets forth an appropriate mechanism to sup- United States Code, is amended by striking SEC. 1088. PILOT PROGRAM ON PROVISION OF port competition relating to space launch ‘‘any of the’’ and all that follows and insert- HEALTH CARE TO VETERANS RESID- ING IN ALASKA AT NON-DEPART- activities while maintaining the require- ing ‘‘any small business development center MENT OF VETERANS AFFAIRS MED- ments of mission assurance. described in section 21 of the Small Business ICAL FACILITIES. (b) PROHIBITION.—The Secretary of Defense Act (15 U.S.C. 648), insofar as such center of- (a) IN GENERAL.—The Secretary of Vet- may not approve the system development fers, sponsors, or cosponsors an entrepre- erans Affairs shall establish a pilot program and demonstration, or the production and neurship course, as that term is defined in to assess the feasibility and advisability of deployment, of a national security space pro- section 3675(c)(2).’’. carrying out a program by which a covered gram requiring a space launch unless the (4) FOOD, CONSERVATION, AND ENERGY ACT veteran can, except as provided in subsection cost estimate and the budget submitted to OF 2008.—Section 12072(c)(2) of the Food, Con- (f), receive necessary hospital care or med- Congress for the program includes a reason- servation, and Energy Act of 2008 (15 U.S.C. ical services for any condition at any hos- able cost estimate for a launch vehicle that, 636g(c)(2)) is amended by striking ‘‘section 43 pital or medical facility or from any medical at the time the cost estimate is established, of the Small Business Act, as added by this provider eligible to receive payments is certified to meet the risk classification for Act’’ and inserting ‘‘section 42 of the Small under— the payload of the program, as defined in the Business Act (15 U.S.C. 657o)’’. (1) the Medicare program under title XVIII document referred to in subsection (a)(3). (5) VETERANS ENTREPRENEURSHIP AND of the Social Security Act (42 U.S.C. 1395 et SMALL BUSINESS DEVELOPMENT ACT OF 1999.— seq.); SA 1272. Ms. SNOWE submitted an Section 203(c)(5) of the Veterans Entrepre- (2) the Medicaid program under title XIX amendment intended to be proposed by neurship and Small Business Development of such Act (42 U.S.C. 1396 et seq.); her to the bill S. 1867, to authorize ap- Act of 1999 (15 U.S.C. 657b note) is amended (3) the TRICARE program; or propriations for fiscal year 2012 for by striking ‘‘In cooperation with the Na- (4) the Indian health program. military activities of the Department tional Veterans Business Development Cor- (b) COVERED VETERAN.—For purposes of poration, develop’’ and inserting ‘‘Develop’’. of Defense, for military construction, this section, a covered veteran is any veteran who— and for defense activities of the De- SA 1273. Mr. CRAPO submitted an partment of Energy, to prescribe mili- (1) is entitled to hospital care or medical amendment intended to be proposed by services under laws administered by the Sec- tary personnel strengths for such fiscal him to the bill S. 1867, to authorize ap- retary of Veterans Affairs; year, and for other purposes; which was propriations for fiscal year 2012 for (2) is located in the State of Alaska; and ordered to lie on the table; as follows: military activities of the Department (3) resides at a location that is located in— At the appropriate place, insert the fol- of Defense, for military construction, (A) such State; and lowing: and for defense activities of the De- (B) a town, village, or other community SEC. ll. NATIONAL VETERANS BUSINESS DE- partment of Energy, to prescribe mili- that is not accessible by motor vehicle (as defined in section 30102 of title 49, United VELOPMENT CORPORATION. tary personnel strengths for such fiscal (a) IN GENERAL.—The Small Business Act States Code). (15 U.S.C. 631 et seq.) is amended by striking year, and for other purposes; which was (c) DURATION OF PILOT.—The pilot program section 33 (15 U.S.C. 657c). ordered to lie on the table; as follows: shall be carried out during the two-year pe- (b) CORPORATION.—On and after the date of At the end of subtitle B of title XXXI, add riod beginning on the date of the enactment enactment of this Act, the National Vet- the following: of this Act. erans Business Development Corporation and SEC. 3116. AUTHORIZATION OF DESIGN AND CON- (d) COST OF CARE AND SERVICE.— any successor thereto may not represent STRUCTION OF REMOTE-HANDLED (1) IN GENERAL.—The cost of any hospital that the corporation is federally chartered or LOW-LEVEL WASTE DISPOSAL FACIL- care or medical service provided under the in any other manner authorized by the Fed- ITY AT IDAHO NATIONAL LABORA- pilot program shall be borne by the United eral Government. TORY. States from amounts other than amounts ap- (c) CONFORMING AMENDMENTS.— The Secretary of Energy is authorized to propriated or otherwise made available for (1) SMALL BUSINESS ACT.—The Small Busi- obligate and expend amounts authorized to an Indian health program. ness Act (15 U.S.C. 631 et seq.), as amended be appropriated or otherwise made available (2) NO BILLING OF VETERANS.—The Sec- by this section, is amended— by this title for the Department of Energy retary shall take measures to ensure that (A) by redesignating sections 34 through 45 for fiscal year 2012 to begin the design and covered veterans are not billed for the hos- as sections 33 through 44, respectively; construction of the Remote-Handled Low- pital care and medical services they receive (B) in section 9(k)(1)(D) (15 U.S.C. Level Waste Disposal Facility at the Idaho under the pilot program. 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and National Laboratory, Idaho Falls, Idaho. (e) ALASKA HERO CARD.—In carrying out inserting ‘‘section 33(d)’’; the pilot program, the Secretary shall issue (C) in section 33 (15 U.S.C. 657d), as so re- SA 1274. Mr. SESSIONS submitted an to each covered veteran a card to be known designated— amendment intended to be proposed by as a ‘‘Alaska Hero Card’’ that such veteran (i) by striking ‘‘section 35’’ each place it him to the bill S. 1867, to authorize ap- may present to an authorized provider to es- appears and inserting ‘‘section 34’’; propriations for fiscal year 2012 for tablish the covered veteran’s eligibility for

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.085 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7853 hospital care and medical services under the the date of the enactment of this Act, the the Secretary of Veterans Affairs shall joint- pilot program. Secretary of Defense shall carry out a pilot ly establish’’; (f) AUTHORIZED PROVIDERS.—The Secretary program to assess the feasibility and advis- (2) in subsection (b), by striking ‘‘shall en- may establish a list of authorized providers ability of permitting enlisted members of sure that the center collaborates to the max- from whom a covered veteran may receive the Armed Forces to obtain civilian imum extent practicable with the Secretary hospital care and medical services under the credentialing or licensing for skills required of Veterans Affairs, institutions of higher pilot program. for military occupational specialties (MOS) education,’’ and inserting ‘‘of Defense and (g) MEASURES TO ENSURE QUALITY AND or qualification for duty specialty codes. the Secretary of Veterans Affairs shall joint- SAFETY OF CARE.— (b) ELEMENTS.—In carrying out the pilot ly ensure that the center collaborates to the (1) IN GENERAL.—The Secretary shall take program, the Secretary shall— maximum extent practicable with institu- such measures as may be necessary to ensure (1) designate not less than three or more tions of higher education’’; that the quality and safety of care provided than five military occupational specialities (3) in subsection (c)— to veterans under the pilot program is equal or duty speciality codes for coverage under (A) in paragraph (1)— to or better than the quality and safety of the pilot program; and (i) in subparagraph (A), by striking ‘‘, as care otherwise provided by the Department (2) permit enlisted members of the Armed developed by the Secretary of Defense,’’ and of Veterans Affairs. Forces to obtain the credentials or licenses inserting ‘‘and the Department of Veterans (2) SPECIFIC MEASURES.—The measures de- required for the specialities or codes so des- Affairs’’; scribed in paragraph (1) may include require- ignated through civilian credentialing or li- (ii) in subparagraph (B), by striking ‘‘with’’ ments relating to the following: censing entities, institutions, or bodies se- and inserting ‘‘between the Secretary of De- (A) Credentialing and accreditation of pro- lected by the Secretary for purposes of the fense and’’; and viders of hospital care or medical services. pilot program, whether concurrently with (iii) in subparagraph (C)— (B) Timely reporting of access to care. military training, at the completion of mili- (I) by inserting ‘‘the Secretary of Defense (C) Timely reporting of clinical informa- tary training, or both. and’’ before ‘‘the Secretary of Veterans Af- tion to the Secretary. (c) REPORT.—Not later than one year after fairs’’; (D) Reporting safety issues, patient com- commencement of the pilot program, the (II) by inserting ‘‘members of the Armed plaints, and patient satisfaction. Secretary shall submit to Congress a report Forces and’’ before ‘‘veterans who’’; and (E) Robust quality programs, including on the pilot program. The report shall set (III) by striking ‘‘Veterans Health Admin- peer review and compliance with industry forth the following: istration’’ and inserting ‘‘Department of De- standards and requirements. (1) The number of enlisted members who fense or the Department of Veterans Af- (3) PROVIDERS CERTIFIED BY INDIAN HEALTH participated in the pilot program. fairs’’; SERVICE.—For purposes of the pilot program, (2) A description of the costs incurred by (B) in paragraph (2), by inserting ‘‘Defense the Secretary shall consider the equality and the Department of Defense in connection and Veterans’’ before ‘‘Hearing Loss’’; and safety of care provided by a provider de- with the receipt by members of credentialing (C) in paragraph (3), by striking ‘‘the audi- scribed in subsection (a)(2) who is certified or licensing under the pilot program. ologists, speech and language pathologists, by the Indian Health Service as a commu- (3) A comparison the cost associated with otolaryngologists, and other specialist per- nity health aide pursuant to section 119 of receipt by members of credentialing or li- sonnel of’’; and the Indian Health Care Improvement Act (25 censing under the pilot program with the (4) in subsection (e)— U.S.C. 1616l) and who is providing services cost of receipt of similar credentialing or li- (A) by striking ‘‘shall take’’ and inserting within the scope of such certification as censing by recently-discharged veterans of ‘‘and the Secretary of Veterans Affairs shall being equal to or better than the quality and the Armed Forces under programs currently jointly take’’; and safety of care otherwise provided by the De- operated by the Department of Veterans Af- (B) by striking ‘‘considers’’ and inserting partment. fairs and the Department of Labor. ‘‘of Defense and the Secretary of Veterans (h) SAVINGS.—Nothing in this section shall (4) The recommendation of the Secretary Affairs consider’’. be construed to limit any right of recovery as to the feasibility and advisability of ex- (b) MODIFICATION OF CENTER OF EXCEL- available to an Indian health program under panding the pilot program to additional LENCE IN THE MITIGATION, TREATMENT, AND the provisions of section 206 or 405(c) of the military occupational specialties or duty REHABILITATION OF TRAUMATIC EXTREMITY Indian Health Care Improvement Act (25 specialty codes, and, if such expansion is INJURIES AND AMPUTATIONS.—Subsection (a) U.S.C. 1621e and 1645(c)), or any other Fed- considered feasible and advisable, a list of of section 723 of such Act (Public Law 110– eral or State law. the military occupational specialties and (i) DEFINITIONS.—In this section: 417; 122 Stat. 4508) is amended by striking duty specialty codes recommended for inclu- ‘‘The’’ and inserting ‘‘Not later than 270 days (1) HOSPITAL CARE AND MEDICAL SERVICES.— sion the expansion. The terms ‘‘hospital care’’ and ‘‘medical after the date of the enactment of the Na- tional Defense Authorization Act for Fiscal services’’ have the meanings given such SA 1277. Mrs. MURRAY (for herself, terms in section 1701 of title 38, United Year 2012, the’’. Mr. AKAKA, and Mr. BOOZMAN) sub- States Code. (c) MODIFICATION OF CENTER OF EXCELLENCE mitted an amendment intended to be (2) INDIAN HEALTH PROGRAM.—The term IN PREVENTION, DIAGNOSIS, MITIGATION, ‘‘Indian health program’’ has the meaning proposed by her to the bill S. 1867, to TREATMENT, AND REHABILITATION OF MILI- given such term in section 4 of the Indian authorize appropriations for fiscal year TARY EYE INJURIES.—Section 1623 of the Na- Health Care Improvement Act (25 U.S.C. 2012 for military activities of the De- tional Defense Authorization Act for fiscal 1603). partment of Defense, for military con- year 2008 (10 U.S.C. 1071 note) is amended— (3) SERVICE-CONNECTED.—The term ‘‘serv- struction, and for defense activities of (1) in subsection (a)— ice-connected’’ has the meaning given such (A) by striking ‘‘The’’ and inserting ‘‘Not the Department of Energy, to prescribe later than 270 days after the date of the en- term in section 101 of such title. military personnel strengths for such (4) TRICARE PROGRAM.—The term actment of the National Defense Authoriza- ‘‘TRICARE program’’ has the meaning given fiscal year, and for other purposes; tion Act for Fiscal Year 2012, the’’; and such term in section 1072 of title 10, United which was ordered to lie on the table; (B) by striking ‘‘shall establish within the States Code. as follows: Department of Defense’’ and inserting ‘‘and At the end of subtitle B of title VII, add the Secretary of Veterans Affairs shall joint- SA 1276. Mr. BAUCUS submitted an the following: ly establish’’; amendment intended to be proposed by SEC. 714. MODIFICATION OF CENTERS OF EXCEL- (2) in subsection (b), by striking ‘‘shall en- him to the bill S. 1867, to authorize ap- LENCE ON HEARING LOSS, TRAU- sure that the center collaborates to the max- propriations for fiscal year 2012 for MATIC EXTREMITY INJURIES, AND imum extent practicable with the Secretary military activities of the Department MILITARY EYE INJURIES. of Veterans Affairs, institutions of higher (a) MODIFICATION OF CENTER OF EXCEL- education,’’ and inserting ‘‘of Defense and of Defense, for military construction, LENCE IN PREVENTION, DIAGNOSIS, MITIGA- the Secretary of Veterans Affairs shall joint- and for defense activities of the De- TION, TREATMENT, AND REHABILITATION OF ly ensure that the center collaborates to the partment of Energy, to prescribe mili- HEARING LOSS AND AUDITORY SYSTEM INJU- maximum extent practicable with institu- tary personnel strengths for such fiscal RIES.—Section 721 of the Duncan Hunter Na- tions of higher education’’; year, and for other purposes; which was tional Defense Authorization Act for Fiscal (3) in subsection (c)— ordered to lie on the table; as follows: Year 2009 (Public Law 110–417; 122 Stat. 4506) (A) in paragraph (1)— At the end of subtitle D of title V, add the is amended– (i) in subparagraph (A), by striking ‘‘, as following: (1) in subsection (a)— developed by the Secretary of Defense,’’ and SEC. 547. PILOT PROGRAM ON RECEIPT OF CIVIL- (A) by striking ‘‘The’’ and inserting ‘‘Not inserting ‘‘and the Department of Veterans IAN CREDENTIALING FOR SKILLS later than 270 days after the date of the en- Affairs’’ REQUIRED FOR MILITARY OCCUPA- actment of the National Defense Authoriza- (ii) in subparagraph (B), by striking ‘‘with’’ TIONAL SPECIALTIES. tion Act for Fiscal Year 2012, the’’; and and inserting ‘‘between the Secretary of De- (a) PILOT PROGRAM REQUIRED.—Com- (B) by striking ‘‘shall establish within the fense and’’; and mencing not later than nine months after Department of Defense’’ and inserting ‘‘and (iii) in subparagraph (C)—

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.087 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7854 CONGRESSIONAL RECORD — SENATE November 18, 2011 (I) by inserting ‘‘the Secretary of Defense At the end of subtitle C of title I, add the military activities of the Department and’’ before ‘‘the Secretary of Veterans Af- following: of Defense, for military construction, fairs’’; SEC. 136. LIMITATION ON TERMINATION OF and for defense activities of the De- (II) by inserting ‘‘members of the Armed WORK ON RQ–4 GLOBAL HAWK PRO- partment of Energy, to prescribe mili- Forces and’’ before ‘‘veterans who’’; and GRAM. (III) by striking ‘‘Veterans Health Admin- The Secretary of the Air Force may not tary personnel strengths for such fiscal istration’’ and inserting ‘‘Department of De- take any action intended to terminate the year, and for other purposes; which was fense or the Department of Veterans Af- RQ–4 Global Hawk program, or issue any ordered to lie on the table; as follows: fairs’’; and stop-work order related to the production of At the end of subtitle E of title VIII, add (B) in paragraph (2), by striking ‘‘known as the RQ–4 Global Hawk, until the Secretary the following: the ‘Military Eye Injury Registry’ ’’ and in- certifies to the Committees on Armed Serv- SEC. 889. IMPLEMENTATION OF ACQUISITION serting ‘‘known as the ‘Defense and Veterans ices of the Senate and the House of Rep- STRATEGY FOR EVOLVED EXPEND- Eye Injury and Vision Registry’ ’’; and resentatives that the Acquisition Decision ABLE LAUNCH VEHICLE. (4) in subsection (e)— Memorandum regarding the RQ–4 Global (a) IN GENERAL.—The Secretary of Defense (A) by striking ‘‘shall take’’ and inserting Hawk program issued June 14, 2011, is no shall submit, with the budget justification ‘‘and the Secretary of Veterans Affairs shall longer valid. materials submitted to Congress in support jointly take’’; and of the budget of the Department of Defense (B) by striking ‘‘Secretary considers’’ and SA 1279. Mr. HOEVEN (for himself, for fiscal year 2013 (as submitted with the inserting ‘‘Secretary of Defense and the Sec- Mr. TESTER, Mr. BLUNT, Mr. ENZI, and budget of the President under section 1105(a) retary of Veterans Affairs consider’’. Mr. VITTER) submitted an amendment of title 31, United States Code), the following (d) CERTIFICATION OF OPERABILITY OF CEN- intended to be proposed by him to the information: (1) A description of how the strategy of the TERS OF EXCELLENCE ON HEARING LOSS, TRAU- bill S. 1867, to authorize appropriations MATIC EXTREMITY INJURIES, AND MILITARY Department to acquire space launch capa- EYE INJURIES.—Not later than 270 days after for fiscal year 2012 for military activi- bility under the Evolved Expendable Launch the date of the enactment of this Act, the ties of the Department of Defense, for Vehicle program implements each of the rec- Secretary of Defense and the Secretary of military construction, and for defense ommendations included in the Report of the Veterans Affairs shall submit to Congress a activities of the Department of Energy, Government Accountability Office on the certification of the operability of the fol- to prescribe military personnel Evolved Expendable Launch Vehicle, dated lowing: strengths for such fiscal year, and for September 15, 2011 (GAO–11–641). (1) The center established under section 721 other purposes; which was ordered to (2) With respect to any such recommenda- of the Duncan Hunter National Defense Au- tion that the Department does not imple- thorization Act for Fiscal Year 2009 (Public lie on the table; as follows: ment, an explanation of how the Department Law 110–417; 122 Stat. 4506). At the end of subtitle H of title X, add the is otherwise addressing the deficiencies iden- (2) The center established under such sec- following: tified in that report. tion 723 of such Act (Public Law 110–417; 122 SEC. 1088. SENSE OF SENATE ON THE MAINTE- (b) ASSESSMENT BY COMPTROLLER GENERAL Stat. 4508). NANCE BY THE UNITED STATES OF A OF THE UNITED STATES.—Not later than 60 (3) The center established under section TRIAD OF STRATEGIC NUCLEAR DE- days after the submission of the information LIVERY SYSTEMS. 1623 of the National Defense Authorization required by subsection (a), the Comptroller (a) FINDINGS.—The Senate finds the fol- Act for fiscal year 2008 (10 U.S.C. 1071 note). General of the United States shall submit to lowing: (e) REQUIREMENT FOR PERIODIC REPORTS ON the congressional defense committees an as- (1) The April 2010 Nuclear Posture Review ESTABLISHMENT OF CENTERS OF EXCEL- sessment of that information and any addi- LENCE.— concluded that even with the reductions tional findings or recommendations the (1) IN GENERAL.—Section 1624(a) of the Na- specified in the New START Treaty, the Comptroller General considers appropriate. tional Defense Authorization Act for fiscal United States should retain a nuclear year 2008 (Public Law 110–181; 122 Stat. 457) is ‘‘Triad’’ of land-based intercontinental bal- SA 1281. Mr. MCCAIN submitted an amended, in the matter before paragraph listic missiles, submarine-launched ballistic amendment intended to be proposed by (1)— missiles and nuclear capable heavy bombers, him to the bill S. 1867, to authorize ap- noting that ‘‘[r]etaining all three Triad legs (A) by inserting ‘‘and annually thereafter propriations for fiscal year 2012 for through fiscal year 2015’’ after ‘‘of this Act’’; will best maintain strategic stability at reasonable cost, while hedging against potential military activities of the Department (B) by striking ‘‘shall submit’’ and insert- of Defense, for military construction, ing ‘‘and the Secretary of Veterans Affairs technical problems or vulnerabilities’’. shall jointly submit’’; (2) The resolution of ratification for the and for defense activities of the De- (C) in paragraph (2), by striking ‘‘and’’ at New START Treaty, which the Senate ap- partment of Energy, to prescribe mili- the end; proved on December 22, 2010, stated that ‘‘it tary personnel strengths for such fiscal (D) in paragraph (3), by striking the period is the sense of the Senate that United States year, and for other purposes; as fol- at the end and inserting a semicolon; and deterrence and flexibility is assured by a ro- lows: bust triad of strategic delivery vehicles. To (E) by adding at the end the following new At the end of subtitle C of title XII, add this end, the United States is committed to paragraphs: the following: ‘‘(4) the establishment of the center of ex- accomplishing the modernization and replacement of its strategic nuclear delivery SEC. 1243. DEFENSE COOPERATION WITH REPUB- cellence in the prevention, diagnosis, mitiga- LIC OF GEORGIA. vehicles, and to ensuring the continued flexi- tion, treatment, and rehabilitation of hear- (a) PLAN FOR NORMALIZATION.—Not later ing loss and auditory system injury under bility of United States conventional and nu- than 90 days after the date of the enactment section 721 of the Duncan Hunter National clear delivery systems’’. of this Act, the President shall develop and Defense Authorization Act for Fiscal Year (3) In a message to the Senate on February submit to the congressional defense commit- 2009 (Public Law 110–417); and 2, 2011, President Obama certified that he in- tees and the Committee on Foreign Rela- ‘‘(5) the establishment of the center of extended to ‘‘modernize or replace the triad of tions of the Senate and the Committee on cellence in the mitigation, treatment, and strategic nuclear delivery systems: a heavy Foreign Affairs of the House of Representa- rehabilitation of traumatic extremity inju- bomber and air-launched cruise missile, an tives a plan for normalizing United States ries and amputations under section 723 of ICBM, and a nuclear-powered ballistic mis- defense cooperation with the Republic of such Act (Public Law 110–417).’’. sile submarine (SSBN) and SLBM’’ and to Georgia, including the sale of defensive (2) CONFORMING AMENDMENT.—Section 723 ‘‘maintain the United States rocket motor arms. of the Duncan Hunter National Defense Au- industrial base’’. (b) OBJECTIVES.—The plan required under thorization Act for Fiscal Year 2009 (Public (b) SENSE OF SENATE.—It is the sense of the subsection (a) shall address the following ob- Law 110–417; 122 Stat. 4508) is amended by Senate that— jectives: striking subsection (d). (1) the United States should maintain a (1) To reestablish a normal defense rela- triad of strategic nuclear delivery systems; tionship with the Republic of Georgia. SA 1278. Mr. HOEVEN submitted an and (2) To support the Government of the Re- amendment intended to be proposed by (2) the budget of the President for fiscal public of Georgia in providing for the defense him to the bill S. 1867, to authorize ap- year 2013 as submitted to Congress should in- of its government, people, and sovereign ter- clude funding to support a triad of strategic propriations for fiscal year 2012 for ritory, consistent with the continuing com- nuclear delivery systems and to modernize mitment of the Government of the Republic military activities of the Department the component weapons and delivery sys- of Defense, for military construction, of Georgia to its nonuse-of-force pledge and tems of that triad. consistent with Article 51 of the Charter of and for defense activities of the De- the United Nations. partment of Energy, to prescribe mili- SA 1280. Mr. MCCAIN submitted an (3) To enhance the ability of the Govern- tary personnel strengths for such fiscal amendment intended to be proposed by ment of the Republic of Georgia to partici- year, and for other purposes; which was him to the bill S. 1867, to authorize ap- pate in coalition operations and meet NATO ordered to lie on the table; as follows: propriations for fiscal year 2012 for partnership goals.

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.087 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7855 (4) To resume the sale by the United States nance of global freedom of access for both ment intended to be proposed by her to of defense articles and services that may be the strategic and commercial interests of the the bill S. 1867, to authorize appropria- necessary to enable the Government of the United States. tions for fiscal year 2012 for military Republic of Georgia to maintain a sufficient (5) To maintain that freedom of access the activities of the Department of De- self-defense capability. sea services of the United States, composed (5) To encourage NATO member and can- of the Navy, the Marine Corps, and the Coast fense, for military construction, and didate countries to restore and enhance their Guard, must be sufficiently positioned as for defense activities of the Depart- sales of defensive articles and services to the rotationally globally deployable forces with ment of Energy, to prescribe military Republic of Georgia as part of a broader the capability to decisively defend United personnel strengths for such fiscal NATO effort to deepen its defense relation- States citizens, homeland, and interests year, and for other purposes; which was ship and cooperation with the Republic of abroad from direct or asymmetric attack ordered to lie on the table; as follows: Georgia. and must be comprised of sufficient vessels (6) To ensure maximum transparency in to maintain global freedom of action. At the appropriate place, insert the fol- the United States-Georgia defense relation- (6) To achieve appropriate capabilities to lowing: ship. ensure national security the Government of TITLE ll—SMALL BUSINESS (c) INCLUDED INFORMATION.—The plan re- the United States must continue to recapi- CONTRACTING FRAUD PREVENTION quired under subsection (a) shall include the talize the fleets of the Navy and Coast Guard SEC. ll01. SHORT TITLE. following information: and must continue to conduct vital mainte- This title may be cited as the ‘‘Small Busi- (1) A needs-based assessment, or an update nance and repair of existing vessels to ensure ness Contracting Fraud Prevention Act of to an existing needs-based assessment, of the such vessels meet service life goals. 2011’’. defense requirements of the Republic of (b) SENSE OF CONGRESS.—It is the sense of Georgia, which shall be prepared by the De- Congress that— SEC. ll02. DEFINITIONS. partment of Defense and submitted in both (1) the sea services of the United States In this title— classified and unclassified forms. should be funded and maintained to provide (1) the term ‘‘8(a) program’’ means the pro- (2) A description of each of the requests by the broad spectrum of capabilities required gram under section 8(a) of the Small Busi- the Government of the Republic of Georgia to protect the national security of the ness Act (15 U.S.C. 637(a)); for purchase of defense articles and services United States; (2) the terms ‘‘Administration’’ and ‘‘Ad- during the two-year period ending on the (2) such capabilities should include— ministrator’’ mean the Small Business Ad- date of the report. (A) the ability to project United States ministration and the Administrator thereof, (3) A summary of the defense needs as- power rapidly anywhere on the globe without respectively; serted by the Government of the Republic of the need for host nation basing permission or (3) the terms ‘‘HUBZone’’ and ‘‘HUBZone Georgia as justification for its requests for long and potentially vulnerable logistics small business concern’’ and ‘‘HUBZone defensive arms purchases. supply lines; map’’ have the meanings given those terms (4) A description of the action taken on (B) the ability to land and recover mari- in section 3(p) of the Small Business Act (15 any defensive arms sale request by the Gov- time forces from the sea for direct combat U.S.C. 632(p)), as amended by this title; and ernment of the Republic of Georgia and an action, to evacuate United States citizens (4) the term ‘‘recertification’’ means a de- explanation for such action. from hostile situations, and to provide hu- termination by the Administrator that a (d) FORM.—The plan required under sub- manitarian assistance where needed; business concern that was previously deter- section (a) shall be submitted in unclassified (C) the ability to operate from the sub- mined to be a qualified HUBZone small busi- form, but may contain a classified annex. surface with overpowering conventional ness concern is a qualified HUBZone small Mr. THUNE submitted an combat power, as well as strategic deter- business concern under section 3(p)(5) of the SA 1282. rence; and Small Business Act (15 U.S.C. 632(p)(5)). amendment intended to be proposed by (D) the ability to operate in collaboration SEC. ll03. FRAUD DETERRENCE AT THE SMALL him to the bill S. 1867, to authorize ap- with United States maritime partners in the BUSINESS ADMINISTRATION. propriations for fiscal year 2012 for common interest of preventing piracy at sea Section 16 of the Small Business Act (15 military activities of the Department and maintaining the commercial sea lanes U.S.C. 645) is amended— of Defense, for military construction, available for global commerce; and (1) in subsection (d)— and for defense activities of the De- (3) the Secretary of Defense, in coordina- (A) in paragraph (1)— partment of Energy, to prescribe mili- tion with the Secretary of the Navy and the (i) in the matter preceding subparagraph tary personnel strengths for such fiscal Secretary of Homeland Security, should (A), by striking ‘‘Whoever’’ and all that fol- year, and for other purposes; which was maintain the recapitalization plans for the lows through ‘‘oneself or another’’ and in- ordered to lie on the table; as follows: Navy and Coast Guard as a priority in all fu- serting the following: ‘‘A person shall be sub- ture force structure decisions. At the end of subtitle H of title X, add the ject to the penalties and remedies described following: in paragraph (2) if the person misrepresents SA 1284. Mr. VITTER submitted an the status of any concern or person as a SEC. 1088. REPEAL OF WAR POWERS RESOLU- amendment intended to be proposed by small business concern, a qualified HUBZone TION. him to the bill S. 1867, to authorize ap- (a) REPEAL.—The War Powers Resolution small business concern, a small business con- (Public Law 93-148; 50 U.S.C. 1541 et seq.) is propriations for fiscal year 2012 for cern owned and controlled by socially and hereby repealed. military activities of the Department economically disadvantaged individuals, a of Defense, for military construction, small business concern owned and controlled SA 1283. Mr. WICKER submitted an and for defense activities of the De- by women, or a small business concern amendment intended to be proposed by partment of Energy, to prescribe mili- owned and controlled by service-disabled him to the bill S. 1867, to authorize ap- veterans, in order to obtain for any person’’; tary personnel strengths for such fiscal (ii) by amending subparagraph (A) to read propriations for fiscal year 2012 for year, and for other purposes; which was military activities of the Department as follows: ordered to lie on the table; as follows: ‘‘(A) prime contract, subcontract, grant, or of Defense, for military construction, At the end of subtitle H of title X, add the cooperative agreement to be awarded under and for defense activities of the De- following: subsection (a) or (m) of section 8, or section partment of Energy, to prescribe mili- SEC. 1088. PROHIBITION ON FUNDING TO PRO- 9, 15, 31, or 36;’’; tary personnel strengths for such fiscal HIBIT DIPLOMATIC EFFORTS OF (iii) by striking subparagraph (B); year, and for other purposes; which was IRAN. (iv) by redesignating subparagraphs (C) and ordered to lie on the table; as follows: (a) PROHIBITION ON FUNDING.—None of the (D) as subparagraphs (B) and (C), respec- After section 1084, insert the following: amounts appropriated or otherwise made tively; and SEC. 1085. SENSE OF CONGRESS ON RECAPITAL- available by any Act may be made available (v) in subparagraph (C), as so redesignated, IZATION FOR THE NAVY AND COAST to further the international diplomatic ef- by striking ‘‘, shall be’’ and all that follows GUARD. forts of Iran to further its agenda within an and inserting a period; (a) FINDINGS.—Congress makes the fol- international body, organization, agency, (B) in paragraph (2)— lowing findings: commission or in which Iran holds a position (i) by redesignating subparagraphs (C) and (1) More than 70 percent of the world’s sur- of leadership or veto power. (D) as subparagraphs (D) and (E), respec- face is comprised of navigable oceans. (b) STATEMENT OF POLICY.—It is the policy tively; and (2) More than 80 percent of the population of the United States that no funds shall be (ii) by inserting after subparagraph (B) the of the world lives within 100 miles of an made available to any international diplo- following: ocean. matic organization or entity that appoints ‘‘(C) be subject to the civil remedies under (3) More than 90 percent of the world’s Iran to a leadership position. subchapter III of chapter 37 of title 31, commerce traverses an oceans. United States Code (commonly known as the (4) The national security of the United SA 1285. Ms. SNOWE (for herself and ‘False Claims Act’);’’; and States is inextricably linked to the mainte- Ms. LANDRIEU) submitted an amend- (C) by adding at the end the following:

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.088 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7856 CONGRESSIONAL RECORD — SENATE November 18, 2011 ‘‘(3)(A) In the case of a violation of para- ‘‘(B) willfully participates in a scheme to tained under subpart 4.11 of the Federal Ac- graph (1)(A), (g), or (h), for purposes of a pro- circumvent regulations issued by the Admin- quisition Regulation. ceeding described in subparagraph (A) or (C) istration governing the percentage of work (d) EFFECTIVE DATE.— of paragraph (2), the amount of the loss to that a contractor is required to perform on a (1) IN GENERAL.—The amendment made by the Federal Government or the damages sus- contract.’’. subsection (b) and the requirements under tained by the Federal Government, as appli- SEC. ll04. VETERANS INTEGRITY IN CON- subsection (c) shall take effect on the date cable, shall be an amount equal to the TRACTING. on which the Secretary of Veterans Affairs amount that the Federal Government paid to (a) DEFINITION.—Section 3(q)(1) of the (referred to in this subsection as the ‘‘Sec- the person that received a contract, grant, or Small Business Act (15 U.S.C. 632(q)(1)) is retary’’) publishes in the Federal Register a cooperative agreement described in para- amended by striking ‘‘means a veteran’’ and determination that the Department of Vet- graph (1)(A), (g), or (h), respectively. all that follows and inserting the following: erans Affairs has the necessary resources and ‘‘(B) In the case of a violation of subpara- ‘‘means— capacity to carry out the additional respon- graph (B) or (C) of paragraph (1), for the pur- ‘‘(A) a veteran with a service-connected sibility of determining whether small busi- pose of a proceeding described in subpara- disability rated by the Secretary of Veterans ness concerns registered with the VetBiz database of the Department of Veterans Af- graph (A) or (C) of paragraph (2), the amount Affairs as zero percent or more disabling; or fairs are owned and controlled by a veteran of the loss to the Federal Government or the ‘‘(B) a former member of the Armed Forces or a service-disabled veteran, as the case damages sustained by the Federal Govern- who is retired, separated, or placed on the may be, in accordance with subsection (g) of ment, as applicable, shall be an amount temporary disability retired list for physical section 4 of the Small Business Act (15 U.S.C. equal to the portion of any payment by the disability under chapter 61 of title 10, United 633), as added by subsection (b). Federal Government under a prime contract States Code.’’. that was used for a subcontract described in (2) TIMELINE.—If the Secretary determines (b) VETERANS CONTRACTING.—Section 4 of subparagraph (B) or (C) of paragraph (1), re- that the Secretary is not able to publish the the Small Business Act (15 U.S.C. 633) is spectively. determination under paragraph (1) before the amended by adding at the end the following: ‘‘(C) In a proceeding described in subpara- date that is 1 year after the date of enact- ‘‘(g) VETERAN STATUS.— graph (A) or (B), no credit shall be applied ment of this Act, the Secretary shall, not ‘‘(1) IN GENERAL.—A business concern seek- against any loss or damages to the Federal later than 1 year after the date of enactment ing status as a small business concern owned Government for the fair market value of the of this Act, submit a report containing an es- and controlled by service-disabled veterans property or services provided to the Federal timate of the date on which the Secretary shall— Government.’’; will publish the determination under para- ‘‘(A) submit an annual certification indi- (2) by striking subsection (e) and inserting graph (1) to the Committee on Small Busi- cating that the business concern is a small the following: ness and Entrepreneurship and the Com- business concern owned and controlled by ‘‘(e) Any representation of the status of mittee on Veterans’ Affairs of the Senate service-disabled veterans by means of the any concern or person as a small business and the Committee on Small Business and Online Representations and Certifications concern, a HUBZone small business concern, the Committee on Veterans’ Affairs of the Application process required under section a small business concern owned and con- House of Representatives. trolled by socially and economically dis- 4.1201 of the Federal Acquisition Regulation, or any successor thereto; and SEC. ll05. SECTION 8(a) PROGRAM IMPROVE- advantaged individuals, a small business MENTS. ‘‘(B) register with— concern owned and controlled by women, or (a) REVIEW OF EFFECTIVENESS.—Section a small business concern owned and con- ‘‘(i) the Central Contractor Registration 8(a) of the Small Business Act (15 U.S.C. trolled by service-disabled veterans, in order database maintained under subpart 4.11 of 637(a)) is amended by adding at the end the to obtain any prime contract, subcontract, the Federal Acquisition Regulation, or any following: grant, or cooperative agreement described in successor thereto; and ‘‘(22) Not later than 3 years after the date subsection (d)(1) shall be made in writing or ‘‘(ii) the VetBiz database of the Depart- of enactment of this paragraph, and every 3 through the Online Representations and Cer- ment of Veterans Affairs, or any successor years thereafter, the Comptroller General of tifications Application process required thereto. the United States shall— under section 4.1201 of the Federal Acquisi- ‘‘(2) VERIFICATION OF STATUS.— ‘‘(A) conduct an evaluation of the effec- tion Regulation, or any successor thereto.’’; ‘‘(A) VETERANS AFFAIRS.—The Secretary of tiveness of the program under this sub- and Veterans Affairs shall determine whether a section, including an examination of— (3) by adding at the end the following: business concern registered with the VetBiz ‘‘(i) the number and size of contracts ap- ‘‘(g) A person shall be subject to the pen- database of the Department of Veterans Af- plied for, as compared to the number re- alties and remedies described in subsection fairs, or any successor thereto, as a small ceived by, small business concerns after suc- (d)(2) if the person misrepresents the status business concern owned and controlled by cessfully completing the program; of any concern or person as a small business veterans or a small business concern owned ‘‘(ii) the percentage of small business con- concern, a qualified HUBZone small business and controlled by service-disabled veterans cerns that continue to operate during the 3- concern, a small business concern owned and is owned and controlled by a veteran or a year period beginning on the date on which controlled by socially and economically disservice-disabled veteran, as the case may be. the small business concerns successfully advantaged individuals, a small business ‘‘(B) FEDERAL AGENCIES GENERALLY.—The complete the program; concern owned and controlled by women, or head of each Federal agency shall— ‘‘(iii) whether the business of small busi- a small business concern owned and con- ‘‘(i) for a sole source contract awarded to a ness concerns increases during the 3-year pe- trolled by service-disabled veterans— small business concern owned and controlled riod beginning on the date on which the ‘‘(1) in order to allow any person to partici- by service-disabled veterans or a contract small business concerns successfully com- pate in any program of the Administration; awarded with competition restricted to plete the program; and or small business concerns owned and con- ‘‘(iv) the number of training sessions of- ‘‘(2) in relation to a protest of a contract trolled by service-disabled veterans under fered under the program; and award or proposed contract award made section 36, determine whether a business ‘‘(B) submit to the Committee on Small under regulations issued by the Administra- concern submitting a proposal for the con- Business and Entrepreneurship of the Senate tion. tract is a small business concern owned and and the Committee on Small Business of the ‘‘(h)(1) A person that submits a request for controlled by service-disabled veterans; and House of Representatives a report regarding payment on a contract or subcontract that is ‘‘(ii) use the VetBiz database of the Depart- each evaluation under subparagraph (A).’’. awarded under subsection (a) or (m) of sec- ment of Veterans Affairs, or any successor (b) OTHER IMPROVEMENTS.—In order to im- tion 8, or section 9, 15, 31, or 36, shall be thereto, in determining whether a business prove the 8(a) program, the Administrator deemed to have submitted a certification concern is a small business concern owned shall— that the person complied with regulations and controlled by service-disabled veterans. (1) not later than 90 days after the date of issued by the Administration governing the ‘‘(3) DEBARMENT AND SUSPENSION.—If the enactment of this Act, begin to— percentage of work that the person is re- Administrator determines that a business (A) evaluate the feasibility of— quired to perform on the contract or sub- concern knowingly and willfully misrepre- (i) using additional third-party data contract, unless the person states, in writ- sented that the business concern is a small sources; ing, that the person did not comply with the business concern owned and controlled by (ii) making unannounced visits of sites regulations. service-disabled veterans, the Administrator that are selected randomly or using risk- ‘‘(2) A person shall be subject to the pen- may debar or suspend the business concern based criteria; alties and remedies described in subsection from contracting with the United States.’’. (iii) using fraud detection tools, including (d)(2) if the person— (c) INTEGRATION OF DATABASES.—The Ad- data-mining techniques; and ‘‘(A) uses the services of a business other ministrator for Federal Procurement Policy (iv) conducting financial and analytical than the business awarded the contract or and the Secretary of Veterans Affairs shall training for the business opportunity spe- subcontract to perform a greater percentage ensure that data is shared on an ongoing cialists of the Administration; of work under a contract than is permitted basis between the VetBiz database of the De- (B) evaluate the feasibility and advis- by regulations issued by the Administration; partment of Veterans Affairs and the Central ability of amending regulations applicable or Contractor Registration database main- the 8(a) program to require that calculations

VerDate Mar 15 2010 05:42 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.089 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7857 of the adjusted net worth or total assets of mine that the HUBZone small business is not SEC. 705. DEPARTMENT OF DEFENSE INSPECTOR an individual include assets held by the qualified under subparagraph (A) based on a GENERAL REPORT ON THEFT OF spouse of the individual; and failure to meet the applicable employment COMPUTER TAPES CONTAINING (C) develop a more consistent enforcement percentage under subparagraph (A)(i)(I), un- PROTECTED INFORMATION ON COV- ERED BENEFICIARIES UNDER THE strategy that includes the suspension or de- less the HUBZone small business concern— TRICARE PROGRAM. barment of contractors that knowingly ‘‘(I) has not attempted to maintain the ap- The Inspector General of the Department make misrepresentations in order to qualify plicable employment percentage under sub- of Defense shall submit to the congressional for the 8(a) program; and paragraph (A)(i)(I); or defense committees a report on the cir- (2) not later than 1 year after the date on ‘‘(II) does not meet the applicable employ- cumstances surrounding the theft of com- which the Comptroller General submits the ment percentage— puter tapes containing personally identifi- report under section 8(a)(22)(B) of the Small ‘‘(aa) on the date on which the HUBZone able and protected health information of ap- Business Act, as added by subsection (c), small business concern submits a bid for a proximately 4,900,000 covered beneficiaries issue, in final form, proposed regulations of contract under the HUBZone program; or under the TRICARE program from the vehi- the Administration that— ‘‘(bb) on the date on which the HUBZone cle of a contractor under the TRICARE pro- (A) determine the economic disadvantage small business concern is awarded a contract gram. The report shall include the following: of a participant in the 8(a) program based on under the HUBZone program.’’; and (1) An assessment of the risk that the per- the income and asset levels of the partici- (2) by adding at the end the following: sonally identifiable and protected health in- pant at the time of application and annual ‘‘(8) HUBZONE PROGRAM.—The term formation so stolen can be accessed by a recertification for the 8(a) program; and ‘HUBZone program’ means the program es- third party. (B) limit the ability of a small business tablished under section 31. (2) Such recommendations as the Inspector concern to participate in the 8(a) program if ‘‘(9) HUBZONE MAP.—The term ‘HUBZone General considers appropriate to reduce the an immediate family member of an owner of map’ means the map used by the Administra- risk of similar incidents in the future. the small business concern is, or has been, a tion to identify HUBZones.’’. participant in the 8(a) program, in the same (d) REDESIGNATED AREAS.—Section SA 1287. Ms. MURKOWSKI submitted industry. 3(p)(4)(C)(i) of the Small Business Act (15 an amendment intended to be proposed SEC. ll06. HUBZONE IMPROVEMENTS. U.S.C. 632(p)(4)(C)(i)) is amended to read as by her to the bill S. 1867, to authorize (a) PURPOSE.—The purpose of this section follows: is to reform and improve the HUBZone pro- ‘‘(i) 3 years after the first date on which appropriations for fiscal year 2012 for gram of the Administration. the Administrator publishes a HUBZone map military activities of the Department (b) IN GENERAL.—The Administrator that is based on the results from the 2010 de- of Defense, for military construction, shall— cennial census; or’’. and for defense activities of the De- (1) ensure the HUBZone map is— SEC. ll07. ANNUAL REPORT ON SUSPENSION, partment of Energy, to prescribe mili- (A) accurate and up-to-date; and DEBARMENT, AND PROSECUTION. tary personnel strengths for such fiscal (B) revised as new data is made available The Administrator shall submit an annual to maintain the accuracy and currency of year, and for other purposes; as fol- report to the Committee on Small Business lows: the HUBZone map; and Entrepreneurship of the Senate and the (2) implement policies for ensuring that Committee on Small Business of the House At the end of subtitle C of title I, add the only HUBZone small business concerns de- of Representatives that contains— following: termined to be qualified under section 3(p)(5) (1) the number of debarments from partici- SEC. 136. LIMITATION ON RETIREMENT OF C–23 of the Small Business Act (15 U.S.C. 632(p)(5)) pation in programs of the Administration AIRCRAFT. are participating in the HUBZone program, issued by the Administrator during the 1- (a) IN GENERAL.—Upon determining to re- including through the appropriate use of year period preceding the date of the report, tire a C–23 aircraft, the Secretary of the technology to control costs and maximize, including— Army shall first offer title to such aircraft among other benefits, uniformity, complete- (A) the number of debarments that were to the chief executive officer of the State in ness, simplicity, and efficiency; based on a conviction; and which such aircraft is based. (3) submit to the Committee on Small (B) the number of debarments that were (b) TRANSFER UPON ACCEPTANCE OF Business and Entrepreneurship of the Senate fact-based and did not involve a conviction; OFFER.—If the chief executive officer of a and the Committee on Small Business of the (2) the number of suspensions from partici- State accepts title of an aircraft under sub- House of Representatives a report regarding pation in programs of the Administration section (a), the Secretary shall transfer title any application to be designated as a issued by the Administrator during the 1- of the aircraft to the State without charge HUBZone small business concern or for re- year period preceding the date of the report, to the State. The Secretary shall provide a certification for which the Administrator including— reasonable amount of time for acceptance of has not made a determination as of the date (A) the number of suspensions issued that the offer. that is 60 days after the date on which the (c) USE.—Notwithstanding the transfer of were based upon indictments; and application was submitted or initiated, title to an aircraft to a State under this sec- (B) the number of suspensions issued that which shall include a plan and timetable for tion, the aircraft may continue to be utilized were fact-based and did not involve an in- ensuring the timely processing of the appli- by the National Guard of the State in State dictment; cations; and status using National Guard crews in that (3) the number of suspension and (4) develop measures and implement plans status. debarments issued by the Administrator dur- to assess the effectiveness of the HUBZone ing the 1-year period preceding the date of program that— SA 1288. Mr. RUBIO submitted an the report that were based upon referrals (A) require the identification of a baseline amendment intended to be proposed by from offices of the Administration, other point in time to allow the assessment of eco- than the Office of Inspector General; him to the bill S. 1867, to authorize ap- nomic development under the HUBZone pro- (4) the number of suspension and propriations for fiscal year 2012 for gram, including creating additional jobs; and debarments issued by the Administrator dur- military activities of the Department (B) take into account— ing the 1-year period preceding the date of of Defense, for military construction, (i) the economic characteristics of the the report based upon referrals from the Of- HUBZone; and and for defense activities of the De- fice of Inspector General; and (ii) contracts being counted under multiple partment of Energy, to prescribe mili- (5) the number of persons that the Admin- socioeconomic subcategories. tary personnel strengths for such fiscal istrator declined to debar or suspend after a (c) EMPLOYMENT PERCENTAGE.—Section 3(p) year, and for other purposes; which was referral described in paragraph (8), and the of the Small Business Act (15 U.S.C. 632(p)) is ordered to lie on the table; as follows: amended— reason for each such decision. At the end of subtitle B of title XII, add (1) in paragraph (5), by adding at the end the following: the following: SA 1286. Ms. MURKOWSKI submitted SEC. 1230. STUDY ON THE USE OF THE DEMO- ‘‘(E) EMPLOYMENT PERCENTAGE DURING IN- an amendment intended to be proposed by her to the bill S. 1867, to authorize CRATIC REPUBLIC OF GEORGIA AS A TERIM PERIOD.— TRANSPORTATION BASE FOR SUP- ‘‘(i) DEFINITION.—In this subparagraph, the appropriations for fiscal year 2012 for PLYING UNITED STATES FORCES IN term ‘interim period’ means the period be- military activities of the Department AFGHANISTAN. ginning on the date on which the Adminis- of Defense, for military construction, (a) STUDY REQUIRED.—The Secretary of De- trator determines that a HUBZone small and for defense activities of the De- fense shall conduct a study of the feasibility business concern is qualified under subpara- partment of Energy, to prescribe mili- of establishing in the Democratic Republic graph (A) and ending on the day before the tary personnel strengths for such fiscal of Georgia, at the invitation of the Govern- date on which a contract under the HUBZone ment of Georgia, a transportation base for program for which the HUBZone small busi- year, and for other purposes; as fol- supplying United States forces in Afghani- ness concern submits a bid is awarded. lows: stan. ‘‘(ii) INTERIM PERIOD.—During the interim At the end of subtitle A of title VII, add (b) REPORT.—Not later than 60 days after period, the Administrator may not deter- the following: the date of the enactment of this Act, the

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.089 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7858 CONGRESSIONAL RECORD — SENATE November 18, 2011 Secretary of Defense shall submit to the con- (1) by redesignating subsections (h) and (i) Bank of Iran as the President determines ap- gressional defense committees a report con- as subsections (i) and (j), respectively; and propriate to terminate the engagement of taining the results of the study conducted (2) by inserting after subsection (g) the fol- the Central Bank of Iran in conduct de- under subsection (a). lowing new subsection: scribed in paragraph (1)(A) and activities de- ‘‘(h) IMPOSITION OF SANCTIONS WITH RE- scribed in subsection (c)(2). SA 1289. Mr. RUBIO submitted an SPECT TO THE CENTRAL BANK OF IRAN.— ‘‘(4) EXCEPTION FOR SALES OF FOOD, MEDI- amendment intended to be proposed by ‘‘(1) DETERMINATION REQUIRED.— CINE, AND MEDICAL DEVICES.—The President him to the bill S. 1867, to authorize ap- ‘‘(A) IN GENERAL.—Not later than 30 days may not impose sanctions under this sub- propriations for fiscal year 2012 for after the date of the enactment of the Na- section on a person for engaging in a trans- tional Defense Authorization Act for Fiscal action with the Central Bank of Iran for the military activities of the Department Year 2012, the President shall determine of Defense, for military construction, sale of food, medicine, or medical devices to whether the Central Bank of Iran has en- Iran. and for defense activities of the De- gaged in conduct that threatens the national ‘‘(5) APPLICABILITY OF PROHIBITIONS AND partment of Energy, to prescribe mili- security of the United States or allies of the CONDITIONS ON ACCOUNTS.— tary personnel strengths for such fiscal United States, taking into consideration ‘‘(A) IN GENERAL.—Except as provided in year, and for other purposes; which was whether the Bank has— subparagraph (B), paragraph (2)(A) applies ordered to lie on the table; as follows: ‘‘(i) facilitated activities of the Govern- with respect to financial transactions comment of Iran that threaten global or regional menced on or after the date that is 60 days At the end of subtitle D of title XIV, add peace and security; the following: after the date on which the President makes ‘‘(ii) sought to evade multilateral sanc- the determination required by paragraph SEC. 1432. SUNKEN MILITARY CRAFT. tions directed against the Government of Section 1408(3) of the Ronald W. Reagan (1)(A). Iran on behalf of that Government; ‘‘(B) PETROLEUM TRANSACTIONS.—Para- National Defense Authorization Act for Fis- ‘‘(iii) engaged in deceptive financial prac- cal Year 2005 (10 U.S.C. 113 note) is amend- graph (2)(A) applies with respect to financial tices or mechanisms to facilitate illicit transactions for the purchase of petroleum ed— transactions with non-Iranian financial in- (1) in subparagraph (A), by inserting ‘‘, or petroleum products through the Central stitutions; Bank of Iran commenced on or after the date that was’’ before ‘‘on military noncommer- ‘‘(iv) conducted transactions prohibited by cial service’’; and that is 180 days after the date on which the binding resolutions of the United Nations Se- President makes the determination required (2) in subparagraph (B), by inserting a curity Council or allowed itself to be used to by paragraph (1)(A). comma before ‘‘that was owned or operated’’. permit conduct prohibited by such resolu- ‘‘(6) WAIVER.—The President may waive tions; the application of paragraph (2) for a period SA 1290. Mr. RUBIO submitted an ‘‘(v) conducted transactions on behalf of of 180 days, and renew such a waiver for addi- amendment intended to be proposed by persons designated by the United States for tional periods of 180 days, if the President— him to the bill S. 1867, to authorize ap- the imposition of sanctions pursuant to the ‘‘(A) determines that such a waiver is nec- International Emergency Economic Powers propriations for fiscal year 2012 for essary to the national security interest of Act (50 U.S.C. 1701 et seq.); military activities of the Department the United States; and ‘‘(vi) provided financial services in support of Defense, for military construction, ‘‘(B) submits to the appropriate congres- of, or otherwise facilitated, the ability of and for defense activities of the De- Iran to— sional committees a report— partment of Energy, to prescribe mili- ‘‘(I) acquire or develop chemical, biologi- ‘‘(i) providing the justification for the tary personnel strengths for such fiscal cal, or nuclear weapons, or related tech- waiver; and year, and for other purposes; as fol- nologies; ‘‘(ii) describing— lows: ‘‘(II) construct, equip, operate, or maintain ‘‘(I) any concrete cooperation the Presi- dent has received or expects to receive as a On page 362, strike lines 8 through 15. nuclear enrichment facilities; or ‘‘(III) acquire or develop ballistic missiles, result of the waiver; and ‘‘(II) any assurances the President has re- SA 1291. Mr. RUBIO submitted an cruise missiles, or destabilizing types and amounts of conventional weapons; or ceived or expects to receive as a result of the amendment intended to be proposed by waiver from foreign financial institutions him to the bill S. 1867, to authorize ap- ‘‘(vii) facilitated a transaction or provided financial services for— that such institutions have ceased engaging propriations for fiscal year 2012 for ‘‘(I) Iran’s Revolutionary Guard Corps; or in financial transactions with the Central military activities of the Department ‘‘(II) a financial institution whose property Bank of Iran related to terrorism or the fa- of Defense, for military construction, or interests in property are blocked pursuant cilitation, acquisition, or financing of weap- and for defense activities of the De- to the International Emergency Economic ons of mass destruction.’’. partment of Energy, to prescribe mili- Powers Act (50 U.S.C. 1701 et seq.) in connec- tary personnel strengths for such fiscal tion with— SA 1293. Mr. LEVIN proposed an year, and for other purposes; as fol- ‘‘(aa) Iran’s proliferation of weapons of amendment to the bill S. 1867, to au- lows: mass destruction or delivery systems for thorize appropriations for fiscal year weapons of mass destruction; or 2012 for military activities of the De- On page 365, line 9, strike ‘‘and subsection ‘‘(bb) Iran’s support for acts of inter- (d)’’. national terrorism. partment of Defense, for military con- On page 367, line 14, strike ‘‘and subsection ‘‘(B) SUBMISSION TO CONGRESS.—The Presi- struction, and for defense activities of (d)’’. dent shall submit in writing to the appro- the Department of Energy, to prescribe On page 368, strike line 13 and all that fol- priate congressional committees the deter- military personnel strengths for such lows through page 370, line 13. mination made under subparagraph (A) and fiscal year, and for other purposes; as SA 1292. Mr. LEVIN (for Mr. MENEN- the reasons for the determination. follows: ‘‘(2) IMPOSITION OF SANCTIONS.—Subject to DEZ (for himself, Mr. REID, Mr. SCHU- At the end of subtitle C of title X, add the paragraphs (4), (5), and (6), if the President following: MER, Mr. CASEY, Mr. BROWN of Ohio, determines under paragraph (1)(A) that the Mr. LAUTENBERG, Mr. NELSON of Flor- Central Bank of Iran has engaged in conduct SEC. 1024. TRANSFER OF CERTAIN HIGH-SPEED ida, Mr. CARDIN, and Mrs. GILLIBRAND)) described in that paragraph, the President FERRIES TO THE NAVY. proposed an amendment to the bill S. shall— (a) TRANSFER FROM MARAD AUTHORIZED.— 1867, to authorize appropriations for ‘‘(A) prohibit, or impose strict conditions The Secretary of the Navy may, from funds fiscal year 2012 for military activities on, the opening or maintaining in the United available for the Department of Defense for of the Department of Defense, for mili- States of a correspondent account or a pay- fiscal year 2012, provide to the Maritime Ad- ministration of the Department of Transpor- tary construction, and for defense ac- able-through account by a foreign financial institution that the President determines tation an amount not to exceed $35,000,000 for tivities of the Department of Energy, has knowingly conducted any significant fi- the transfer by the Maritime Administration to prescribe military personnel nancial transaction with the Central Bank of to the Department of the Navy of jurisdic- strengths for such fiscal year, and for Iran; and tion and control over the vessels as follows: other purposes; as follows: ‘‘(B) impose sanctions pursuant to the (1) M/V HUAKAI. At the end of subtitle C of title XII, add International Emergency Economic Powers (2) M/V ALAKAI. the following: Act (50 U.S.C. 1701 et seq.) with respect to (b) USE AS DEPARTMENT OF DEFENSE SEA- SEC. 1243. IMPOSITION OF SANCTIONS WITH RE- the Central Bank of Iran. LIFT VESSELS.—Each vessel transferred to SPECT TO THE CENTRAL BANK OF ‘‘(3) ADDITIONAL SANCTIONS.—In addition to the Department of the Navy under sub- IRAN. the sanctions required to be imposed under section (a) shall be administered as a Depart- Section 104 of the Comprehensive Iran paragraph (2), and subject to paragraph (4), ment of Defense sealift vessel (as such term Sanctions, Accountability, and Divestment the President may impose such other tar- is defined in section 2218(k)(2) of title 10, Act of 2010 (22 U.S.C. 8513) is amended— geted sanctions with respect to the Central United States Code).

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.091 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7859 SA 1294. Mr. LEVIN (for Mr. REED) ‘‘(2) The purpose of the Corps is to provide member assignments and return, deploy- proposed an amendment to the bill S. a pool of personnel with foreign language ment, redeployment and public information; 1867, to authorize appropriations for skills who, as provided in regulations pre- ‘‘(C) coordinating activities with Executive fiscal year 2012 for military activities scribed under this section, agree to provide agencies and State and local governments to foreign language services to the Department develop interagency plans and agreements to of the Department of Defense, for mili- of Defense or another department or agency address overall language shortfalls and to tary construction, and for defense ac- of the United States. utilize personnel to address the various types tivities of the Department of Energy, ‘‘(b) NATIONAL SECURITY EDUCATION of crises that warrant language skills; and to prescribe military personnel BOARD.—The Secretary shall provide for the ‘‘(D) proposing to the Secretary regula- strengths for such fiscal year, and for National Security Education Board to over- tions to carry out section 813.’’. other purposes; as follows: see and coordinate the activities of the Corps to such extent and in such manner as deter- At the end of subtitle H of title V, add the mined by the Secretary under paragraph (9) SA 1296. Mr. WYDEN submitted an following: of section 803(f). amendment intended to be proposed by SEC. 577. ENHANCEMENT OF CONSUMER CREDIT ‘‘(c) MEMBERSHIP.—To be eligible for mem- him to the bill S. 1867, to authorize ap- PROTECTIONS FOR MEMBERS OF bership in the Corps, a person must be a cit- propriations for fiscal year 2012 for THE ARMED FORCES AND THEIR DE- izen of the United States authorized by law PENDENTS. military activities of the Department to be employed in the United States, have (a) PROHIBITED ACTIONS.—Subsection (e) of attained the age of 18 years, and possess such of Defense, for military construction, section 987 of title 10, United States Code, is foreign language skills as the Secretary con- and for defense activities of the De- amended— siders appropriate for membership in the partment of Energy, to prescribe mili- (1) in paragraph (6), by striking ‘‘or’’ at the Corps. Members of the Corps may include tary personnel strengths for such fiscal end; employees of the Federal Government and of year, and for other purposes; as fol- (2) by redesignating paragraph (7) as para- State and local governments. graph (9); and lows: ‘‘(d) TRAINING.—The Secretary may provide (3) by inserting after paragraph (6) the fol- members of the Corps such training as the At the end of subtitle C of title VIII, add lowing new paragraphs: Secretary prescribes for purposes of this sec- the following: ‘‘(7) the creditor charges the borrower a fee tion. for overdraft service (as that term is defined SEC. 848. REPORTS ON USE OF INDEMNIFICATION ‘‘(e) SERVICE.—Upon a determination that AGREEMENTS. by the Electronic Fund Transfer Act (15 it is in the national interests of the United U.S.C. 1693 et seq.) and implementing regula- States, the Secretary may call upon mem- (a) IN GENERAL.—Chapter 137 of title 10, tions) in connection with a withdrawal from bers of the Corps to provide foreign language United States Code, is amended by adding at an automated teller machine or a one-time services to the Department of Defense or an- the end the following: debit card transaction; other department or agency of the United ‘‘(8) the creditor charges the borrower a fee States. ‘‘§ 2335. Reports on use of indemnification for overdraft service (as so defined) where ‘‘(f) FUNDING.—The Secretary may impose agreements such fee is triggered as the result of the in- fees, in amounts up to full-cost recovery, for stitution having posted the borrower’s trans- ‘‘(a) IN GENERAL.—Beginning October 1, language services and technical assistance actions in order from largest to smallest; 2011, not later than 90 days after the date on rendered by members of the Corps. Amounts or’’. which any action described in subsection of fees received under this section shall be (b) REGULATIONS.—Subsection (h)(3) of such (b)(1) occurs, the Secretary of Defense shall credited to the account of the Department section is amended— submit to the congressional defense commit- providing funds for any costs incurred by the (1) by inserting ‘‘at least every two years’’ tees and the Committees on the Budget of Department in connection with the Corps. after ‘‘consult’’; and the House of Representatives and the Senate Amounts so credited to such account shall be (2) by adding at the end the following new a report on such action. merged with amounts in such account, and subparagraph: shall be available to the same extent, and ‘‘(b) ACTION DESCRIBED.—(1) An action de- ‘‘(H) The Bureau of Consumer Financial subject to the same conditions and limita- scribed in this paragraph is the Secretary of Protection.’’. tions, as amounts in such account. Any Defense— (c) CONSUMER CREDIT.—Subsection (i)(6) of amounts so credited shall remain available ‘‘(A) entering into a contract that includes such section is amended by adding at the end until expended. an indemnification agreement; or the following new sentence: ‘‘Such term ‘‘(B) modifying an existing indemnification ‘‘(g) USERRA APPLICABILITY.—For pur- shall also include credit under an open end poses of the applicability of chapter 43 of agreement in any contract. consumer credit plan (as defined by section title 38, United States Code, to a member of ‘‘(2) Paragraph (1) shall not apply to any 103 of the Truth in Lending Act (15 U.S.C. the Corps— contract awarded in accordance with— 1602) and implementing regulations), except ‘‘(1) a period of active service in the Corps ‘‘(A) section 2354 of this title; or that the Secretary of Defense may exclude shall be deemed to be service in the uni- ‘‘(B) the Comprehensive Environmental credit under such a plan that provides for formed services; and Response, Compensation, and Liability Act amortizing payments over a period of at ‘‘(2) the Corps shall be deemed to be a uni- of 1980 (42 U.S.C. 9601 et seq.). least 92 days.’’. formed service.’’. ‘‘(c) MATTERS INCLUDED.—For each con- (b) NATIONAL SECURITY EDUCATION BOARD tract covered in a report under subsection SA 1295. Mr. AKAKA submitted an MATTERS.— (a), the report shall include— amendment intended to be proposed by (1) COMPOSITION.—Subsection (b) of section ‘‘(1) the name of the contractor; him to the bill S. 1867, to authorize ap- 803 of such Act (50 U.S.C. 1903) is amended— ‘‘(2) the actual cost or estimated potential (A) by striking paragraph (5); propriations for fiscal year 2012 for cost involved; (B) by redesignating paragraphs (6) and (7) military activities of the Department ‘‘(3) a description of the items, property, or as paragraphs (8) and (9), respectively; and of Defense, for military construction, services for which the contract is awarded; (C) by inserting after paragraph (4) the fol- and for defense activities of the De- and lowing new paragraphs: ‘‘(4) a justification of the contract includ- partment of Energy, to prescribe mili- ‘‘(5) The Secretary of Homeland Security. ing the indemnification agreement. tary personnel strengths for such fiscal ‘‘(6) The Secretary of Energy. year, and for other purposes; which was ‘‘(7) The Director of National Intel- ‘‘(d) NATIONAL SECURITY.—The Secretary ordered to lie on the table; as follows: ligence.’’. may omit any information in a report under At the end of subtitle A of title IX, add the (2) FUNCTIONS.—Subsection (d) of such sec- subsection (a) if the Secretary— following: tion is amended by adding at the end the fol- ‘‘(1) determines that the disclosure of such lowing new paragraph: information is not in the national security SEC. 907. NATIONAL LANGUAGE SERVICE CORPS. ‘‘(9) To the extent provided by the Sec- interests of the United States; and (a) CHARTER FOR NLSC.—The David L. retary of Defense, oversee and coordinate the ‘‘(2) includes in the report a justification of Boren National Security Education Act of activities of the National Language Service the determination made under paragraph 1991 (50 U.S.C. 1901 et seq.) is amended by Corps under section 813, including— (1).’’. adding at the end the following new section: ‘‘(A) identifying and assessing on a peri- (b) CLERICAL AMENDMENT.—The table of ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. odic basis the needs of the departments and sections at the beginning of chapter 137 of ‘‘(a) ESTABLISHMENT.—(1) The Secretary of agencies of the Federal Government for per- such title is amended by adding at the end Defense shall establish and maintain within sonnel with skills in various foreign lan- the following new item: the Department of Defense a National Lan- guages; guage Service Corps (in this section referred ‘‘(B) establishing plans to address short- ‘‘2335. Reports on use of indemnification to as the ‘Corps’). falls and requirements, such as recruitment, agreements.’’.

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.092 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7860 CONGRESSIONAL RECORD — SENATE November 18, 2011 SA 1297. Mrs. MURRAY submitted an Puerto Rico, or the possessions of the United and for defense activities of the De- amendment intended to be proposed by States, by not later than three years after partment of Energy, to prescribe mili- her to the bill S. 1867, to authorize ap- the services are provided. tary personnel strengths for such fiscal propriations for fiscal year 2012 for ‘‘(2) In the case of any other services, by year, and for other purposes; which was not later than one year after the services are military activities of the Department provided.’’. ordered to lie on the table; as follows: of Defense, for military construction, At the end of subtitle C of title VI, add the and for defense activities of the De- SA 1299. Mr. LEVIN submitted an following: partment of Energy, to prescribe mili- amendment intended to be proposed by tary personnel strengths for such fiscal him to the bill S. 1867, to authorize ap- SEC. 634. REINSTATEMENT OF AUTHORITY FOR ENHANCED SELECTIVE EARLY RE- year, and for other purposes; which was propriations for fiscal year 2012 for TIREMENT BOARDS. ordered to lie on the table; as follows: military activities of the Department Section 638a of title 10, United States Code, At the end of subtitle D of title V, add the of Defense, for military construction, is amended— following: and for defense activities of the De- (1) in subsection (a)— SEC. 547. INFORMATION FOR MEMBERS OF THE partment of Energy, to prescribe mili- (A) by striking ‘‘, during the period begin- ARMED FORCES ON CERTAIN PRO- tary personnel strengths for such fiscal VIDERS OF POSTSECONDARY EDU- ning on October 1, 1990,’’ and all that follows CATION. year, and for other purposes; which was through ‘‘December 31, 2012,’’; and (a) PROVISION OF INFORMATION REQUIRED.— ordered to lie on the table; as follows: (B) by inserting at the end the following The Secretary of Defense shall, in consulta- At the end of subtitle C of title VI, add the new sentence: ‘‘Any such authority provided tion with the Secretary of Education, the following: the Secretary of a military department Secretary of Veterans Affairs, and the Sec- SEC. 634. REINSTATEMENT OF TEMPORARY under the preceding sentence shall expire as retary of Labor, make available through var- EARLY RETIREMENT AUTHORITY. specified by the Secretary of Defense, but ious means, including through the Internet (a) REINSTATEMENT.—Subsection (i) of sec- not later than December 31, 2018.’’; and websites of the Department of Defense, infor- tion 4403 of the National Defense Authoriza- (2) in subsection (d)(2), by striking ‘‘except mation about providers of postsecondary tion Act for Fiscal Year 1993 (10 U.S.C. 1293 that during the period beginning on October education that accept assistance from the note) is amended— 1, 2006, and ending on December 31, 2012’’ in Department of Defense for the provision of (1) by inserting ‘‘(1)’’ before ‘‘the period’’; subparagraphs (A) and (B) and inserting ‘‘ex- civilian education or training, including pro- and cept that through December 31, 2018’’. viders of education that advertise on mili- (2) by inserting before the period at the end tary installations and providers with facili- the following: ‘‘, and (2) the period beginning ties or instructors operating on military in- on the date of the enactment of the National SA 1301. Mr. LEVIN submitted an stallations. Defense Authorization Act for Fiscal Year amendment intended to be proposed by (b) INFORMATION.—The information re- 2012 and ending on December 31, 2018’’. him to the bill S. 1867, to authorize ap- quired under subsection (a) shall include the (b) INAPPLICABILITY OF CERTAIN PROVI- propriations for fiscal year 2012 for following: SIONS.—Such section is further amended by military activities of the Department (1) The regional and national accreditation striking subsection (c) and inserting the fol- of Defense, for military construction, of the selected providers. lowing new subsection (c): ‘‘(c) INAPPLICABILITY OF CERTAIN PROVI- and for defense activities of the De- (2) The participation (or eligibility for par- partment of Energy, to prescribe mili- ticipation) of such providers in financial aid SIONS.— programs under title IV of the Higher Edu- ‘‘(1) INCREASED RETIRED PAY FOR PUBLIC OR tary personnel strengths for such fiscal cation Act of 1965. COMMUNITY SERVICE.—The provisions of sec- year, and for other purposes; which was (3) Qualifications required for public ex- tion 4464 of this Act (10 U.S.C. 1143a note) ordered to lie on the table; as follows: aminations licensure, or other conditions for shall not apply with respect to a member or At the end of subtitle I of title V, add the employment fulfilled by the education or former member retired by reason of eligi- following: training programs of the providers. bility under this section during the active (4) The transferability of credits from such force drawdown period specified in sub- SEC. 586. AUTHORIZATION FOR AWARD OF THE providers to public institutions of higher section (i)(2). DISTINGUISHED SERVICE CROSS education in various States. ‘‘(2) COAST GUARD AND NOAA.—During the FOR CAPTAIN FREDRICK L. (5) The dropout rates of students for each period specified in subsection (i)(2), this sec- SPAULDING FOR ACTS OF VALOR provider. tion does not apply as follows: DURING THE VIETNAM WAR. (6) The completion and graduation rates of ‘‘(A) To members of the Coast Guard, not- (a) AUTHORIZATION.—Notwithstanding the students for each provider. withstanding section 542(d) of the National time limitations specified in section 3744 of (7) Job placement rates, as appropriate, for Defense Authorization Act for Fiscal Year title 10, United States Code, or any other each provider. 1995 (10 U.S.C. 1293 note). time limitation with respect to the awarding (8) The tuition and fees of providers when ‘‘(B) To members of the commissioned of certain medals to persons who served in compared with public institutions of higher corps of the National Oceanic and Atmos- the United States Armed Forces, the Sec- education in various States. pheric Administration, notwithstanding secretary of the Army is authorized to award (9) The availability of job and career place- tion 566(c) of the National Defense Author- the Distinguished Service Cross under sec- ment services at each provider. ization Act for Fiscal Year 1995 (Public Law tion 3742 of such title to Captain Fredrick L. 104–106; 10 U.S.C. 1293 note).’’. Spaulding for acts of valor during the Viet- SA 1298. Mr. WEBB (for himself and (c) COORDINATION WITH OTHER SEPARATION nam War described in subsection (b). PROVISIONS.—Such section is further amend- Mr. GRAHAM) submitted an amendment ed— (b) ACTS OF VALOR DESCRIBED.—The acts of intended to be proposed by him to the (1) in subsection (g), by striking ‘‘, 1174a, or valor referred to in subsection (a) are the ac- bill S. 1867, to authorize appropriations 1175’’ and inserting ‘‘or 1175a’’; and tions of Fredrick L. Spaulding, on July 23, for fiscal year 2012 for military activi- (2) in subsection (h)— 1970, as a member of the United States Army ties of the Department of Defense, for (A) in the subsection heading, by striking serving in the grade of Captain in the Repub- military construction, and for defense ‘‘SSB OR VSI’’ and inserting ‘‘SSB, VSI, OR lic of Vietnam while assigned with Head- activities of the Department of Energy, VSP’’; quarters and Headquarters Company, 3d Bri- to prescribe military personnel (B) by inserting before the period at the gade, 101st Airborne Division. strengths for such fiscal year, and for end of the first sentence the following: ‘‘or who before the date of the enactment of the other purposes; which was ordered to National Defense Authorization Act for Fis- SA 1302. Mr. LEVIN submitted an lie on the table; as follows: cal Year 2012 was separated from active duty amendment intended to be proposed by At the end of subtitle A of title VII, add pursuant to an agreement entered into under him to the bill S. 1867, to authorize ap- the following: section 1175a of such title’’; and propriations for fiscal year 2012 for SEC. 705. EXTENSION OF TIME LIMIT FOR SUB- (C) in the second sentence, by striking military activities of the Department MITTAL OF CLAIMS UNDER THE ‘‘under section 1174a or 1175 of title 10, of Defense, for military construction, TRICARE PROGRAM FOR CARE PRO- United States Code’’. VIDED OUTSIDE THE UNITED and for defense activities of the De- STATES. SA 1300. Mr. LEVIN submitted an partment of Energy, to prescribe mili- Section 1106(b) of title 10, United States amendment intended to be proposed by tary personnel strengths for such fiscal Code, is amended by striking ‘‘not later him to the bill S. 1867, to authorize ap- year, and for other purposes; which was than’’ and all that follows and inserting the ordered to lie on the table; as follows: following: ‘‘as follows: propriations for fiscal year 2012 for ‘‘(1) In the case of services provided outside military activities of the Department At the end of subtitle I of title V, add the the United States, the Commonwealth of of Defense, for military construction, following:

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.090 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7861 SEC. 586. AUTHORIZATION FOR AWARD OF curement, Navy, for the aircraft under the poses of this subsection, flexible and effi- MEDAL OF HONOR TO ALONZO H. contract referred to in subsection (a)(2). cient turn-key rapid production systems are CUSHING FOR ACTS OF VALOR AT (B) EXCEPTION.—Costs for flight test in- systems that have demonstrated the capa- THE BATTLE OF GETTYSBURG DUR- strumentation of the aircraft to be trans- bility to reduce the costs of parts, improve ING THE CIVIL WAR. ferred by the United States and any other manufacturing efficiency, and have the fol- (a) AUTHORIZATION.—Notwithstanding the lowing unique features: time limitations specified in section 3744 of non-recurring and recurring costs for that (A) VIRTUAL AND FLEXIBLE.—Systems that title 10, United States Code, or any other aircraft associated with unique requirements provide for flexibility to rapidly respond to time limitation with respect to the awarding of the United Kingdom may not be borne by requests for low-volume or high-volume ma- of certain medals to persons who served in the United States. chined parts and surge demand by accessing the Armed Forces, the President is author- (2) FUNDING SOURCES FOR AIRCRAFT TO BE the full capacity of small- and medium-sized ized to award the Medal of Honor post- EXCHANGED BY UNITED KINGDOM.—Costs for manufacturing communities in the United humously under section 3741 of such title to upgrades and modifications of the aircraft to States. Alonzo H. Cushing for the acts of valor dur- be transferred to the United States that are necessary to bring that aircraft to the Low- (B) SPEED TO MARKET.—Systems that pro- ing the Civil War described in subsection (b). vide for flexibility that allows rapid intro- (b) ACTS OF VALOR DESCRIBED.—The acts of Rate Initial Production 6 configuration duction of subassemblies for new parts and valor referred to in subsection (a) are the ac- under the contract referred to in subsection weapons systems to the warfighter. tions of then First Lieutenant Alonzo H. (a)(2) may not be borne by the United States. (C) RISK MANAGEMENT.—Systems that pro- Cushing while in command of Battery A, 4th (c) IMPLEMENTATION.—The exchange under vide for the electronic archiving and updat- United States Artillery, Army of the Poto- this section shall be implemented pursuant ing of turn-key rapid production packages to mac, at Gettysburg, Pennsylvania, on July 3, to the memorandum of understanding titled provide insurance to the Department of De- 1863. ‘‘Joint Strike Fighter Production, Sustainment, and Follow-on Development fense that parts will be available if there is SA 1303. Mr. LEVIN (for himself and Memorandum of Understanding’’, which en- a supply chain disruption. tered into effect among nine nations includ- (b) REPORT ON AIR FORCE MATERIEL COM- Mr. MCCAIN) submitted an amendment MAND REORGANIZATION.— intended to be proposed by him to the ing the United States and the United King- dom on December 31, 2006, consistent with (1) RESTRICTION ON REORGANIZATION ACTIVI- bill S. 1867, to authorize appropriations section 27 of the Arms Export Control Act (22 TIES.—With respect to the planned reorga- for fiscal year 2012 for military activi- U.S.C. 2767), and as supplemented as nec- nization of the Air Force Materiel Command ties of the Department of Defense, for essary by the United States and the United announced on November 2, 2011, the Sec- military construction, and for defense Kingdom. retary of the Air Force shall make no activities of the Department of Energy, changes related to organizational alignment, reporting officials, or any other change re- to prescribe military personnel SA 1304. Mr. CHAMBLISS (for himself, Mr. ISAKSON, Mr. INHOFE, Mr. lated to oversight or the duties of system strengths for such fiscal year, and for program managers, sustainment program HATCH, Mr. LEE, and Mr. COBURN) pro- other purposes; which was ordered to managers, or product support managers who lie on the table; as follows: posed an amendment to the bill S. 1867, reside at installations where Air Logistics At the end of subtitle D of title I, add the to authorize appropriations for fiscal Centers or depots are located until 60 days following: year 2012 for military activities of the after the report required under paragraph (2) SEC. 158. AUTHORITY FOR EXCHANGE WITH Department of Defense, for military is submitted to the congressional defense UNITED KINGDOM OF SPECIFIED F– construction, and for defense activities committees. 35 LIGHTNING II JOINT STRIKE of the Department of Energy, to pre- (2) REPORT.— FIGHTER AIRCRAFT. scribe military personnel strengths for (A) IN GENERAL.—The Secretary of the Air (a) AUTHORITY.— such fiscal year, and for other pur- Force shall submit to the congressional de- (1) EXCHANGE AUTHORITY.—In accordance fense committees a report containing an with subsection (c), the Secretary of Defense poses; as follows: analysis of alternatives for alignment and may transfer to the United Kingdom of Strike section 324 and insert the following: reporting of Air Force System Program Man- Great Britain and Northern Ireland (in this SEC. 324. REPORTS ON DEPOT-RELATED ACTIVI- agers and Product Support Managers. section referred to as the ‘‘United Kingdom’’) TIES. (B) ELEMENTS.—The report required under all right, title, and interest of the United (a) REPORT ON DEPOT-LEVEL MAINTENANCE subparagraph (A) shall— States in and to an aircraft described in AND RECAPITALIZATION OF CERTAIN PARTS (i) focus on the impacts to Air Force life paragraph (2) in exchange for the transfer by AND EQUIPMENT.— cycle management, sustainment, readiness, the United Kingdom to the United States of (1) IN GENERAL.—Not later than 90 days and overall support to the warfighter that all right, title, and interest of the United after the date of the enactment of this Act, would likely be realized through the various Kingdom in and to an aircraft described in the Director of the Defense Logistics Agency alternatives; paragraph (3). The Secretary may execute (DLA), in consultation with the military de- (ii) address legal, financial, and other rel- the exchange under this section on behalf of partments, shall submit to the congressional evant issues; the United States only with the concurrence defense committees a report on the status of (iii) identify criteria for evaluating alter- of the Secretary of State. the DLA Joint Logistics Operations Center’s natives; (2) AIRCRAFT TO BE EXCHANGED BY UNITED Drawdown, Retrograde and Reset Program (iv) include a list of alternatives, including STATES.—The aircraft authorized to be trans- for the equipment from Iraq and Afghanistan analysis and recommendations relating to ferred by the United States under this sub- and the status of the overall supply chain the alternatives; section is an F–35 Lightning II aircraft in the management for depot-level activities. (v) describe cost and savings factors; and Carrier Variant configuration acquired by (2) ELEMENTS.—The report required under (vi) focus on how the Air Force should be the United States for the Marine Corps under paragraph (1) shall include the following ele- best organized to conduct life cycle manage- a future Joint Strike Fighter program con- ments: ment and sustainment, with overall readi- tract referred to as the Low-Rate Initial Pro- (A) An assessment of the number of back- ness being the highest priority. duction 6 contract. logged parts for critical warfighter needs, an (3) AIRCRAFT TO BE EXCHANGED BY UNITED explanation of why those parts became back- SA 1305. Mr. BENNET submitted an KINGDOM.—The aircraft for which the ex- logged, and an estimate of when the backlog amendment intended to be proposed by change under paragraph (1) may be made is is likely to be fully addressed. him to the bill S. 1867, to authorize ap- an F–35 Lightning II aircraft in the Short- (B) A review of critical warfighter require- propriations for fiscal year 2012 for Take Off and Vertical Landing configuration ments that are being impacted by a lack of military activities of the Department supplies and parts and an explanation of that, as of November 19, 2010, is being ac- of Defense, for military construction, quired on behalf of the United Kingdom steps that the Director plans to take to meet under an existing Joint Strike Fighter pro- the demand requirements of the military de- and for defense activities of the De- gram contract referred to as the Low-Rate partments. partment of Energy, to prescribe mili- Initial Production 4 contract. (C) An assessment of the feasibility and ad- tary personnel strengths for such fiscal (b) FUNDING FOR PRODUCTION OF AIR- visability of working with outside commer- year, and for other purposes; which was CRAFT.— cial partners to utilize flexible and efficient ordered to lie on the table; as follows: (1) FUNDING SOURCES FOR AIRCRAFT TO BE turn-key rapid production systems to meet At the end of subtitle I of title V, add the EXCHANGED BY UNITED STATES.— rapidly emerging warfighter requirements. following: (A) IN GENERAL.—Except as provided in (D) A review of plans to further consolidate SEC. 586. CONTINUATION AND EXPANSION OF subparagraph (B), funds for production of the the ordering and stocking of parts and sup- WOUNDED WARRIOR CAREERS DEM- aircraft to be transferred by the United plies from the military departments at de- ONSTRATION PROGRAM. States (including the propulsion system, pots under the control of the Defense Logis- (a) CONTINUATION AND EXPANSION OF PRO- long lead-time materials, the production tics Agency. GRAM.— build, and deficiency corrections) may be de- (3) FLEXIBLE AND EFFICIENT TURN-KEY RAPID (1) IN GENERAL.—The Secretary of Defense rived from appropriations for Aircraft Pro- PRODUCTION SYSTEMS DEFINED.—For the pur- shall continue the program known as the

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Wounded Warrior Careers Demonstration (C) Programs and resources of other de- (A) IN GENERAL.—Not later than one year program (in this section referred to as the partments and agencies of the Federal Gov- after the date of the enactment of this Act, ‘‘Program’’), being conducted in collabora- ernment relating to education and employ- the Secretary of Defense shall submit to the tion with the Army Wounded Warrior pro- ment of wounded warriors. appropriate committees of Congress, a report gram, as expanded in accordance with the (2) DESIGNATION.—Activities carried out on the Program as expanded under this sec- provisions of this section. under this subsection as part of the expan- tion. (2) ADDITIONAL PURPOSES OF PROGRAM.—The sion of the Program shall be known as the (B) ELEMENTS.—The report under this para- Program as expanded under this section ‘‘Wounded Warrior Education and Employ- graph shall include the following: shall have the additional purposes as follows: ment Initiative’’. (i) A current description of the Program as (A) To identify, demonstrate, and dissemi- (d) SERVICES TO BE PROVIDED UNDER PRO- expanded under this section. nate best practices in employment coun- GRAM.— (ii) A statement of the actions, if any, pro- seling, job placement, and enrollment in (1) IN GENERAL.—The services provided posed to be undertaken to further expand the high-quality education programs of wounded, under the Program as expanded under this Program. ill, or injured members of the Armed Forces section shall include all possible career-de- (iii) In consultation with the heads of (in this section referred to as ‘‘wounded war- velopment and education preparation serv- other appropriate departments and agencies riors’’) who are assigned to the wounded war- ices for wounded warriors (and their spouses, of the Federal Government, such rec- rior programs of the Armed Forces and other if appropriate) that are consistent with their ommendations for legislative or administra- individuals participating in the Program. needs and are provided utilizing a proactive, tion action (including legislative or adminis- (B) To assist wounded warriors in intensive, extended case-management model tration action with respect to or by depart- transitioning into employment with the Fed- that includes individualized counseling. ments and agencies of the Federal Govern- eral Government, or into civilian life and ca- (2) SERVICES.—The services provided under ment other than the Department of Defense) reers. this subsection shall include, but not be lim- for expanding, improving, or otherwise en- (C) To otherwise assess the feasibility and ited to, assistance relating to the following: hancing the Program. advisability of various additional means to (A) Engaging with prospective employers (C) PUBLICATION.—The report shall be pub- support the transition and reintegration of and educators, when appropriate. lished in the Federal Register. wounded warriors into civilian life and ca- (B) Entering into various kinds of occupa- (D) PUBLIC COMMENT.—The Secretary shall reers. tions (whether full-time, part-time, paid, or accept comments from the public on the re- (3) PARTICULAR EMPHASIS ON SEVERELY volunteer, or self-employment as entre- port, including on any recommendations pur- WOUNDED WARRIORS.—In conducting the Pro- preneurs or otherwise). suant to subparagraph (B)(iii), including gram as expanded under this section, the (C) Acquiring additional education and comments from military service organiza- Secretary shall pay special attention to training, including through internships and tions and veterans service organizations. wounded warriors who are severely or cata- mentorship programs. (2) ASSESSMENT REPORT.— strophically wounded, ill, or injured (in this (e) AVAILABILITY OF SERVICES UNDER PRO- (A) IN GENERAL.—Not later than five years section referred to as ‘‘severely wounded GRAM TO WOUNDED WARRIORS OF ALL ARMED after the date of the enactment of this Act, warriors’’). FORCES.— the Secretary shall submit to the appro- (1) IN GENERAL.—The services provided priate committee of Congress a report on the (b) ADDITIONAL LOCATIONS FOR PROGRAM.— under the Program as expanded under this Program. (1) IN GENERAL.—The Secretary of Defense (B) ELEMENTS.—The report required by this shall expand the Program under this section section shall be provided to wounded warriors of all of the Armed Forces pursuant to paragraph shall include the following: to not less than 10 locations nationwide by (i) A comprehensive description of the Pro- not later than September 30, 2012, and to an policies established by the Secretary of De- fense. gram, including the following: additional 10 locations nationwide by not (I) Information on job placement and re- later than September 30, 2013. (2) COORDINATION.—The Secretary of De- fense shall ensure coordination between the tention of wounded warriors who partici- (2) LOCATIONS.— Secretary of the Army, the Secretary of the pated in the Program. (A) IN GENERAL.—In selecting locations Navy, and the Secretary of the Air Force re- (II) A description and assessment of the ca- under this subsection, the Secretary shall se- reer services provided under the Program to lect from among locations in which there are garding the participation of members of the Armed Forces in the Program under this wounded warriors, with particular focus on high concentrations of wounded warriors (in- those experiencing Post-Traumatic Stress cluding from the regular components and the subsection, including actions to encourage and facilitate the participation of such mem- Disorder (PTSD) or Traumatic Brain Injury reserve components) who served in Operation (TBI). Enduring Freedom, Operation Iraqi Free- bers in the Program when appropriate. (f) COST-BENEFIT ANALYSIS.—In identifying (ii) An assessment of the financial costs re- dom, or Operation New Dawn who are ready services to be provided under the Program as sulting from the failure of wounded warriors for career and employment counseling. expanded under this section, and in identi- to gain employment or achieve self-suffi- (B) SPECIAL EMPHASIS FOR LOCATIONS WITH fying lessons learned and best practices de- ciency after service in the Armed Forces. HIGH UNEMPLOYMENT.—In selecting locations veloped for purposes of subsection (g), the (iii) An assessment of the efficacy of the under this subsection, the Secretary shall Secretary of Defense shall undertake cost- Program in preparing wounded warriors to give special emphasis to locations described benefit and other appropriate analyses of meet the challenges of employment after in subparagraph (A) that also have an unem- such services and the results of the provision service in the Armed Forces. ployment rate that is higher than the na- of such services. (iv) Such recommendations as the Sec- tional average unemployment rate. (g) DISSEMINATION OF LESSONS LEARNED.— retary considers appropriate, including rec- (C) DATA FOR IDENTIFICATION OF LOCA- (1) IN GENERAL.—The Secretary of Defense ommendations for the further continuation TIONS.—In identifying locations for purposes shall provide for the dissemination to other or enhancement of the services provided of subparagraph (A), the Secretary shall uti- departments and agencies of the Federal under the Program. lize applicable data of the military depart- Government, State and local governments, (3) DISSEMINATION TO OTHER DEPARTMENTS ments and of the National Center for Vet- and appropriate nonprofit organizations of AND AGENCIES.—The Secretary of Defense erans Analysis and Statistics. information on lessons learned and best shall share the information contained in the (c) UTILIZATION OF OTHER FEDERAL PRO- practices developed under the Program on reports required by paragraphs (1) and (2) GRAMS AND RESOURCES.— the provision of benefits, services, and sup- with the Secretary of Veterans Affairs, the (1) IN GENERAL.—In expanding the Program port to severely wounded warriors and other Secretary of Labor, the Secretary of Edu- under this section, the Secretary of Defense wounded warriors. cation, the Director of the Office of Per- shall, with the cooperation of the heads of (2) DISSEMINATION TO RELEVANT AGENCIES.— sonnel Management, and the heads of such the departments and agencies concerned, uti- As part of the dissemination of information other departments and agencies of the Fed- lize other programs and resources of the Fed- under paragraph (1), the Secretary of De- eral Government as the Secretary of Defense eral Government (including programs and re- fense, the Secretary of Veterans Affairs, the considers appropriate. sources having objectives similar to the Pro- Secretary of Labor, the Secretary of Edu- (i) APPROPRIATE COMMITTEES OF CONGRESS gram), including the following: cation, and the Director of the Office of Per- DEFINED.—In this section, the term ‘‘appro- (A) Programs and resources of the Depart- sonnel Management shall undertake such priate committees of Congress’’ means— ment of Labor, including the Recovery and joint programs, activities, and initiatives as (1) the Committee on Armed Services and Employment Assistance Lifelines such Secretaries and the Director consider the Committee on Health, Education, Labor, (REALifelines) initiative carried out by the appropriate to facilitate and further the dis- and Pensions of the Senate; and Department and the Bethesda Naval Medical semination of such lessons and best practices (2) the Committee on Armed Services and Center and Walter Reed Army Medical Cen- as will be of particular use to their respec- the Committee on Ways and Means of the ter, Maryland. tive departments and agencies in providing House of Representatives. (B) Programs and resources of the Depart- benefits, services, and support to severely ment of Veterans Affairs, including the pro- wounded warriors and other wounded war- SA 1306. Mr. SANDERS submitted an gram of vocational rehabilitation carried out riors. amendment intended to be proposed by under chapter 31 of title 38, United States (h) REPORTS.— him to the bill S. 1867, to authorize ap- Code. (1) PRELIMINARY REPORT.— propriations for fiscal year 2012 for

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.095 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7863 military activities of the Department Defense, for military construction, and (4) A description of the status and extent of Defense, for military construction, for defense activities of the Depart- of any clandestine activities of the Cuba and for defense activities of the De- ment of Energy, to prescribe military Government in the United States. partment of Energy, to prescribe mili- personnel strengths for such fiscal (5) A description of the extent of support by the Cuba Government for governments in tary personnel strengths for such fiscal year, and for other purposes; which was Venezuela, Bolivia, Ecuador, and Central year, and for other purposes; which was ordered to lie on the table; as follows: America, including cooperation on cyber ordered to lie on the table; as follows: At the end of subtitle H of title X, add the matters with such governments. Beginning on page 542, strike line 11 and following: (6) A description of the status and extent all that follows through page 543, line 18, and SEC. llll. PRIVATE RIGHT OF ACTION UNDER of the research and development program of insert the following: ‘‘amount of $270,000,000. UNIFORMED AND OVERSEAS CITI- the Cuba Government for biological weapons SEC. 1403. AUTHORIZATION OF APPROPRIATIONS, ZENS ABSENTEE VOTING ACT. production. DEFENSE AGENCIES. Section 105 of the Uniformed and Overseas (7) A description of the status and extent Funds are hereby authorized to be appro- Citizens Absentee Voting Act (42 U.S.C. of the cyber warfare program of the Cuba priated for fiscal years beginning after Sep- 1973ff–4) is amended by striking subsection Government. tember 30, 2011, for military construction, (b) and inserting the following: (b) FORM OF REPORT.—The report required land acquisition, and military family hous- ‘‘(b) PRIVATE RIGHT OF ACTION.—A person by subsection (a) shall be submitted in un- ing functions of the Department of Defense who is aggrieved by a violation of this Act classified form, but may include a classified (other than the military departments) in the may bring a civil action in an appropriate annex. total amount of $3,347,498,000, as follows: district court for such declaratory or injunc- (c) APPROPRIATE COMMITTEES OF CONGRESS (1) For military construction projects in- tive relief as may be necessary to carry out DEFINED.—In this section, the term ‘‘appro- side the United States authorized by section this Act. priate committees of Congress’’ means— 2401(a), $1,476,499,000. ‘‘(c) ATTORNEY’S FEES.—In a civil action (1) the Committees on Armed Services and (2) For military construction projects out- under this section, the court may allow the Appropriations and the Select Committee on side the United States authorized by section prevailing party (other than the United Intelligence of the Senate; and 2401(b), $357,004,000. States) reasonable attorney’s fees, including (2) the Committees on Armed Services and (3) For unspecified minor military con- litigation expenses, and costs. Appropriations and the Permanent Select struction projects under section 2805 of title ‘‘(d) REPORTS TO CONGRESS.— Committee on Intelligence of the House of 10, United States Code, $32,964,000. ‘‘(1) ANNUAL REPORT.—Not later than De- Representatives. (4) For contingency construction projects cember 31 of each year, the Attorney General of the Secretary of Defense under section shall submit to Congress an annual report on SA 1310. Mr. KIRK (for himself, Mr. 2804 of title 10, United States Code, any civil action brought by the Attorney KYL, Mr. DEMINT, and Mr. SESSIONS) $10,000,000. General under subsection (a) during the pre- submitted an amendment intended to (5) For architectural and engineering serv- ceding year or any civil action brought by a be proposed by him to the bill S. 1867, ices and construction design under section private party under subsection (b) in which the Attorney General intervened. to authorize appropriations for fiscal 2807 of title 10, United States Code, year 2012 for military activities of the $399,602,000. ‘‘(2) REPORT ON ENFORCEMENT.—Not later than July 1 of each year in which a general Department of Defense, for military (6) For energy conservation projects under construction, and for defense activities chapter 173 of title 10, United States Code, election for Federal office is scheduled, the $270,000,000. Attorney General shall submit to Congress a of the Department of Energy, to pre- report on the number of attorneys and other scribe military personnel strengths for SA 1307. Mr. BARRASSO (for him- staff within the Department of Justice as- such fiscal year, and for other pur- signed to enforce the Uniformed and Over- self, Mr. ENZI, Mr. CONRAD, Mr. BAU- poses; which was ordered to lie on the seas Citizen Absentee Voting Act, as well as CUS, and Mr. TESTER) submitted an the Attorney General’s plan to detect non- table; as follows: amendment intended to be proposed by compliance by State and local election offi- At the end of subtitle C of title II, add the him to the bill S. 1867, to authorize ap- cials with the requirements of the law.’’. following: propriations for fiscal year 2012 for SEC. 234. PROTECTION OF UNITED STATES MIS- military activities of the Department SA 1309. Mr. RUBIO submitted an SILE DEFENSE TECHNOLOGY AND amendment intended to be proposed by INFORMATION. of Defense, for military construction, (a) IN GENERAL.—Subject to subsection (b), and for defense activities of the De- him to the bill S. 1867, to authorize ap- none of the amounts authorized to be appro- partment of Energy, to prescribe mili- propriations for fiscal year 2012 for priated by this Act may be obligated or ex- tary personnel strengths for such fiscal military activities of the Department pended to provide the Russian Federation ac- year, and for other purposes; which was of Defense, for military construction, cess to— ordered to lie on the table; as follows: and for defense activities of the De- (1) classified missile defense technology of the United States, including hit-to-kill tech- At the end of subtitle H of title X, add the partment of Energy, to prescribe mili- nology; or following: tary personnel strengths for such fiscal year, and for other purposes; which was (2) classified data, including classified SEC. 1089. READINESS AND FLEXIBILITY OF technical data and warning, detection, INTERCONTINENTAL BALLISTIC MIS- ordered to lie on the table; as follows: SILE FORCE. tracking, targeting, telemetry, command At the end of subtitle C of title XII, add Notwithstanding any other provision of and control, and battle management data, the following: law and consistent with the treaty obliga- that support the missile defense capabilities tions of the United States, the Secretary of SEC. 1243. REPORT ON CUBA. of the United States. (b) APPLICABILITY.—The prohibitions under Defense shall— (a) REPORT REQUIRED.—Not later than 180 subsection (a) apply to technology and data (1) retain all of the 450 intercontinental days after the date of the enactment of this that was classified as of November 1, 2011, or ballistic missile launch facilities currently Act, the Secretary of Defense shall, in con- that was classified anytime thereafter. supporting deployed strategic nuclear deliv- sultation with the Director of National In- telligence and the Secretary of State, submit ery vehicles within the limit of 800 deployed SA 1311. Mr. KIRK submitted an and non-deployed strategic launchers; to the appropriate committees of Congress a (2) maintain a minimum of 420 interconti- report setting forth the following: amendment intended to be proposed by nental ballistic missiles on alert or oper- (1) A description the cooperative agree- him to the bill S. 1867, to authorize ap- ationally deployed status; ments, relationships, or both between Cuba, propriations for fiscal year 2012 for (3) preserve all 450 existing interconti- on the one hand, and Iran, North Korea, and military activities of the Department nental ballistic missile silos in operational other states suspected of nuclear prolifera- of Defense, for military construction, tion, on the other hand. or warm status; and and for defense activities of the De- (4) distribute any reductions in the inter- (2) A detailed description of the economic support provided by the Government of Ven- partment of Energy, to prescribe mili- continental ballistic missile force equally tary personnel strengths for such fiscal among the three operational inter-conti- ezuela to the Government of Cuba and the nental ballistic missile bases. intelligence and other support provided by year, and for other purposes; which was the Cuba Government to the Venezuela Gov- ordered to lie on the table; as follows: SA 1308. Mr. BARRASSO (for himself ernment. At the end of subtitle H of title X, add the (3) A review of the evidence of relation- and Mr. CORNYN) submitted an amend- following: ships between the Cuba Government, or any ment intended to be proposed by him SEC. 1088. EXPRESSION OF SUPPORT FOR GOV- of its components, and drug cartels, and of ERNMENT OF KENYA FOR MILITARY to the bill S. 1867, to authorize appro- the involvement of the Cuba Government, or ACTION IN SOMALIA AGAINST AL- priations for fiscal year 2012 for mili- any of its components, in other drug traf- SHABAAB. tary activities of the Department of ficking activities. Congress—

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.096 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7864 CONGRESSIONAL RECORD — SENATE November 18, 2011 (1) expresses gratitude to the Government visory Committee, which shall provide ad- (1) in section 206(e), by striking ‘‘Board’’ of Kenya, President Mwai Kibaki, and Prime vice to the Secretary regarding the Founda- and inserting ‘‘Secretary’’; Minister Raila Odinga for conducting Oper- tion’s activities. (2) in section 207(d), by striking ‘‘Board’’ ation Protect the Country against the Al- ‘‘(2) MEMBERSHIP.—The Advisory Com- and inserting ‘‘Secretary’’ Shabaab terrorist organization; mittee shall be composed of 7 members, of (3) in section 208— (2) recognizes the threat posed by Al- whom— (A) by striking subsection (b); and Shabaab to regional stability and the na- ‘‘(A) 3 shall be appointed by the Secretary; (B) in subsection (d), by striking ‘‘Board’’ tional security of the United States; ‘‘(B) 1 shall be appointed by the majority and inserting ‘‘Secretary’’; and (3) supports offering all necessary assist- leader of the Senate; (4) in section 209— ance for Operation Protect the Country, in- ‘‘(C) 1 shall be appointed by the minority (A) in subsection (a)(4), by striking ‘‘with cluding the imposition of an international leader of the Senate; the concurrence of a majority of the mem- blockade of the port of Kismayo, as re- ‘‘(D) 1 shall be appointed by the Speaker of bers of the Board,’’; and quested by the Government of Kenya and the the House of Representatives; and (B) by amending subsection (b) to read as Intergovernmental Authority on Develop- ‘‘(E) 1 shall be appointed by the minority follows: ment (IGAD); and leader of the House of Representatives. ‘‘(b) ANNUAL REPORT.—The Secretary of (4) directs the President to engage closely ‘‘(3) APPOINTMENT OF INCUMBENT MEMBERS State shall submit an annual report to the with our NATO and regional allies to support OF BOARD OF DIRECTORS.—Members appointed Committee on Foreign Relations of the Sen- the Kenyan operation against the Al- to the Advisory Committee may include in- ate and the Committee on Foreign Affairs of Shabaab terrorist organization. dividuals who were members of the Board of the House of Representatives that describes Directors of the Foundation on the date im- the operations authorized under this title, SA 1312. Mr. KERRY submitted an mediately preceding the date on which the including— amendment intended to be proposed by Advisory Committee was established. ‘‘(1) a list of the entities that received him to the bill S. 1867, to authorize ap- ‘‘(b) SUPERVISION.—The Foundation shall grants under this title during the past fiscal propriations for fiscal year 2012 for be subject to the supervision and direction of year, and the amount of such grants; military activities of the Department the Secretary, in consultation with the Advi- ‘‘(2) a description of the process used to al- of Defense, for military construction, sory Committee.’’. locate grant funds to the grantees described and for defense activities of the De- (e) FELLOWSHIP PROGRAM.—Section in paragraph (1); and partment of Energy, to prescribe mili- 206(a)(1) of the Vietnam Education Founda- ‘‘(3) a description of how such grant funds tary personnel strengths for such fiscal tion Act of 2000 (22 U.S.C. 2452 note) is were expended by such grantees.’’. year, and for other purposes; which was amended— (i) MUTUAL EDUCATIONAL AND CULTURAL ordered to lie on the table; as follows: (1) in the matter preceding subparagraph EXCHANGE ACT OF 1961.—Section 112(a) of the (A), by striking ‘‘shall’’ and inserting Mutual Educational and Cultural Exchange At the end of division C, add the following: ‘‘may’’; and Act of 1961 (22 U.S.C. 2460(a)) is amended— TITLE XXXIV—VIETNAM EDUCATION (2) in subparagraph (A), by striking ‘‘tech- (1) in the matter preceding paragraph (1), FOUNDATION nology, and computer sciences’’ and insert- by striking ‘‘but not limited to’’; SEC. 3401. TRANSFER OF THE VIETNAM EDU- ing ‘‘academic computer science, public pol- (2) in paragraph (8), by striking ‘‘and’’ at CATION FOUNDATION TO THE DE- icy, management, and other applied aca- the end; PARTMENT OF STATE. demic disciplines relevant to Vietnam’s de- (3) in paragraph (9), by striking the period (a) PURPOSES.—Section 202 of the Vietnam velopment’’. at the end and inserting ‘‘; and’’; and Education Foundation Act of 2000 (22 U.S.C. (f) VIETNAM DEBT REPAYMENT FUND.—Sec- (4) by adding at the end the following: 2452 note) is amended by adding at the end tion 207 of such Act is amended— ‘‘(10) programs administered by the Viet- the following: (1) in subsection (a), by striking ‘‘(in this nam Education Foundation.’’. ‘‘(3) To support the development of 1 or subsection referred to as the ‘Fund’)’’; and (j) TRANSFER OF FUNCTIONS.— more academic institutions in Vietnam that (2) in subsection (c)— (1) IN GENERAL.—All functions and assets of meets standards comparable to those re- (A) by striking paragraphs (1) and (2) and the Vietnam Education Foundation, as of quired for accreditation under section inserting the following: the day before the date of the enactment of 101(a)(5) of the Higher Education Act of 1965 ‘‘(1) IN GENERAL.—During each of the fiscal this Act, are transferred to the Department (20 U.S.C. 1001(a)(5)) by providing financial years 2012 through 2018, $5,000,000 of the of State. assistance to United States institutions of amounts in the Fund shall be available, in (2) PERSONNEL.—The Secretary of State higher education and not-for-profit organiza- accordance with paragraph (2), for expendi- may hire— tions in the United States to participate in ture by the Department of State for the pur- (A) personnel who were employed by the the governance, management, and academic pose of carrying out this title. Vietnam Education Foundation on the day activities of such academic institutions.’’. ‘‘(2) DISBURSEMENT.—The Secretary of the before the date of the enactment of this Act; (b) DEFINITIONS.—Section 203 of such Act is Treasury, upon the request of the Secretary, amended— and shall transfer amounts made available under (1) by striking paragraph (1) and inserting (B) such other personnel as may be nec- paragraph (1) to the Department of State for the following: essary to support the Foundation, in accord- the purpose of carrying out this title.’’; and ance with part III of title 5, United States ‘‘(1) ADVISORY COMMITTEE.—The term ‘Ad- (B) in paragraph (3), by striking ‘‘to the visory Committee’ means the Vietnam Edu- Code (5 U.S.C. 2101 et seq.). Foundation under paragraph (1)’’ and insert- cation Foundation Advisory Committee es- (k) SUPPORT FOR INSTITUTIONAL INNOVATION ing ‘‘under this subsection’’. tablished under section 205.’’; IN VIETNAM.— (2) by redesignating paragraph (4) as para- (g) APPOINTMENT OF EXECUTIVE DIRECTOR.— (1) GRANTS AUTHORIZED.—The Secretary of graph (6); Section 208(a) of such Act is amended— State may award 1 or more grants, using a (3) by redesignating paragraph (3) as para- (1) in the subsection heading, by striking transparent and competitive selection proc- graph (4); ‘‘BY BOARD’’; ess, for the purposes set forth in paragraph (4) by inserting after paragraph (2) the fol- (2) by striking ‘‘There’’ and inserting the (2), to— lowing: following: (A) the Vietnam Education Foundation; ‘‘(1) IN GENERAL.—There’’; ‘‘(3) FUND.—The term ‘Fund’ means the (B) institutions of higher education (as de- Vietnam Debt Repayment Fund established (3) by striking ‘‘shall be appointed by the fined in section 101(a) of the Higher Edu- under section 207;’’; and Board’’ and inserting ‘‘may be appointed by cation Act of 1965 (20 U.S.C. 1001(a))); and (5) by inserting after paragraph (4) the fol- the Secretary, in consultation with the Advi- (C) not-for-profit organizations in the lowing: sory Committee,’’; and United States engaged in promoting institu- (4) by striking ‘‘The Executive Director ‘‘(5) SECRETARY.—The term ‘Secretary’ tional innovation in Vietnamese higher edu- means the Secretary of State.’’. shall be’’ and all that follows and inserting cation. (c) ESTABLISHMENT.—Section 204 of such the following: (2) USE OF FUNDS.—Grant funds awarded Act is amended— ‘‘(2) DUTIES.—The Executive Director— under paragraph (1) shall be used to establish (1) by inserting ‘‘, within the Department ‘‘(A) shall be the Chief Executive Officer of 1 or more independent, not-for-profit, aca- of State,’’ after ‘‘established’’; and the Foundation; demic institutions in Vietnam, each of which (2) by striking ‘‘as an independent’’ and all ‘‘(B) shall serve the Advisory Committee; shall— that follows through ‘‘Code’’. ‘‘(C) shall carry out the functions of the (A) meet standards comparable to those re- (d) REPLACEMENT OF BOARD OF DIRECTORS Foundation subject to the supervision and quired for accreditation under section WITH ADVISORY COMMITTEE.—Section 205 of direction of the Secretary; 101(a)(5) of the Higher Education Act of 1965; such Act is amended to read as follows: ‘‘(D) shall carry out such other functions, (B) offer graduate level programs in public ‘‘SEC. 205. VIETNAM EDUCATION FOUNDATION consistent with the provisions of this title as policy, management, and related fields; ADVISORY COMMITTEE. the Secretary may prescribe.’’. (C) support the equitable and sustainable ‘‘(a) ESTABLISHMENT.— (h) CONFORMING AMENDMENTS.—The Viet- socioeconomic development of Vietnam; ‘‘(1) IN GENERAL.—There shall be estab- nam Education Foundation Act of 2000 (22 (D) feature teaching and research compo- lished a Vietnam Education Foundation Ad- U.S.C. 2452 note) is amended— nents;

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(E) promote the development of institu- (2) TREATMENT OF AMOUNTS RECEIVED.— protection officer, or any combination of tional capacity and innovation in Vietnam; Amounts received as reimbursement under such service totaling 10 years, if such em- (F) operate according to core principles of paragraph (1) shall be credited to the fund or ployee— good governance; and account that was used to cover the costs in- ‘‘(A) is originally appointed to a position (G) be autonomous from the Government curred by the Department. Amounts so cred- as a law enforcement officer, member of the of Vietnam. ited shall be merged with amounts in such Capitol Police or Supreme Court Police, fire- (3) APPLICATION.— fund or account, and shall be available for fighter, nuclear materials courier, or cus- (A) IN GENERAL.—Each institution of high- the same purposes, and subject to the same toms and border protection officer on or er education and not-for-profit organization conditions and limitations, as amounts in after the effective date of this paragraph desiring a grant under this subsection shall such fund or account. under section 1088(e) of the National Defense submit an application to the Secretary of (c) DESCRIPTION OF PROPERTY.—The exact Authorization Act for Fiscal Year 2012; and State at such time, in such manner, and ac- acreage and legal description of the real ‘‘(B) on the date that original appointment companied by such information as the Sec- property to be conveyed under subsection (a) met the requirements of section 3307(e)(2) of retary may reasonably require. shall be determined by a survey satisfactory this title or section 1088(a)(2) of the National (B) COMPETITIVE BASIS.—The process for se- to the Secretary. Defense Authorization Act for Fiscal Year lecting grantees under this subsection shall (d) ADDITIONAL TERMS AND CONDITIONS.— 2012,’’. be transparent and competitive and conform The Secretary may require such additional (c) MANDATORY SEPARATION.—Section 8425 to— terms and conditions in connection with the of such title is amended— (i) the requirements set forth under the conveyance under subsection (a) as the Sec- (1) in subsection (b)(1), in the first sen- Mutual Educational and Cultural Exchange retary considers appropriate to protect the tence, by inserting ‘‘, except that a law en- Act of 1961 (22 U.S.C. 2451); and interests of the United States. forcement officer, firefighter, nuclear mate- (ii) established Federal assistance award rials courier, or customs and border protec- procedures of the Department of State. SA 1314. Mr. HATCH submitted an tion officer eligible for retirement under (4) SOURCE OF GRANT FUNDS.—The Sec- amendment intended to be proposed by 8412(d)(3) shall be separated from service on retary of State may use amounts from the him to the bill S. 1867, to authorize ap- the last day of the month in which that em- Vietnam Debt Repayment Fund made avail- propriations for fiscal year 2012 for ployee becomes 57 years of age’’ before the able under section 207(c) of the Vietnam Edu- military activities of the Department period; cation Foundation Act of 2000 (22 U.S.C. 2452 (2) in subsection (c), in the first sentence, note) for grants authorized under this sub- of Defense, for military construction, by inserting ‘‘, except that a member of the section. and for defense activities of the De- Capitol Police eligible for retirement under (5) ANNUAL REPORT.—The Secretary of partment of Energy, to prescribe mili- 8412(d)(3) shall be separated from service on State shall submit an annual report to the tary personnel strengths for such fiscal the last day of the month in which that em- Committee on Foreign Relations of the Sen- year, and for other purposes; which was ployee becomes 57 years of age’’ before the ate and the Committee on Foreign Affairs of ordered to lie on the table; as follows: period; and the House of Representatives that summa- (3) in subsection (d), in the first sentence, At the end of subtitle H of title X, add the rizes the activities carried out under this by inserting ‘‘, except that a member of the following: subsection during the most recent fiscal Supreme Court Police eligible for retirement year. SEC. 1088. FEDERAL EMPLOYEES RETIREMENT under 8412(d)(3) shall be separated from serv- SYSTEM AGE AND RETIREMENT SEC. 3402. EFFECTIVE DATE. TREATMENT FOR CERTAIN RETIR- ice on the last day of the month in which This title, and the amendments made by EES OF THE ARMED FORCES. that employee becomes 57 years of age’’ be- this title, shall take effect on the date that (a) INCREASE IN MAXIMUM AGE LIMIT FOR fore the period. is 90 days after the date of the enactment of POSITIONS SUBJECT TO FERS.— (d) COMPUTATION OF BASIC ANNUITY.—Sec- this Act. (1) LAW ENFORCEMENT OFFICERS AND FIRE- tion 8415(d) of such title is amended— (1) in paragraph (1), by striking ‘‘total SA 1313. Mr. HATCH submitted an FIGHTERS.—Section 3307(e) of title 5, United States Code, is amended— service as’’ and inserting ‘‘civilian service as amendment intended to be proposed by (A) by striking ‘‘(e) The’’ and inserting a law enforcement officer, member of the him to the bill S. 1867, to authorize ap- ‘‘(e)(1) Except as provided in paragraph (2), Capitol Police or Supreme Court Police, fire- propriations for fiscal year 2012 for the’’; and fighter, nuclear materials courier, customs military activities of the Department (B) by adding at the end the following: and border protection officer, or air traffic of Defense, for military construction, ‘‘(2) The maximum age limit for an origi- controller that, in the aggregate,’’; and and for defense activities of the De- nal appointment to a position as a firefighter (2) in paragraph (2), by striking ‘‘so much partment of Energy, to prescribe mili- or law enforcement officer (as defined in sec- of such individual’s total service as exceeds 20 years’’ and inserting ‘‘the remainder of tary personnel strengths for such fiscal tion 8401(14) or (17), respectively) shall be 47 years of age, in the case of an individual who such individual’s total service’’. year, and for other purposes; which was (e) EFFECTIVE DATE.—This section (includ- ordered to lie on the table; as follows: on the effective date of such appointment is eligible to receive retired pay or retainer pay ing the amendments made by this section) At the end of subtitle C of title XXVIII, for military service, or pension or compensa- shall take effect 60 days after the date of the add the following: tion from the Department of Veterans Af- enactment of this Act and shall apply to ap- SEC. 2823. LAND CONVEYANCE, LOCAL TRAINING fairs instead of such retired or retainer pointments made on or after that effective AREA FOR BROWNING ARMY RE- pay.’’. date. SERVE CENTER, UTAH. (2) OTHER POSITIONS.—The maximum age (a) CONVEYANCE AUTHORIZED.—The Sec- limit for an original appointment to a posi- SA 1315. Mr. HATCH submitted an retary of the Army shall convey, without amendment intended to be proposed by consideration, to the Department of Vet- tion as a member of the Capitol Police or Su- erans Affairs (in this section referred to as preme Court Police, nuclear materials cou- him to the bill S. 1867, to authorize ap- the ‘‘Department’’) all right, title, and inter- rier (as defined under section 8401(33) of such propriations for fiscal year 2012 for est of the United States in and to a parcel of title), or customs and border protection offi- military activities of the Department unimproved real property consisting of ap- cer (as defined in section 8401(36) of such of Defense, for military construction, proximately 5 acres of the Local Training title) shall be 47 years of age, in the case of and for defense activities of the De- Area for the Browning Army Reserve Center, an individual who on the effective date of partment of Energy, to prescribe mili- such appointment is eligible to receive re- Utah, for the purpose of constructing and op- tary personnel strengths for such fiscal erating a Community Based Outpatient Clin- tired pay or retainer pay for military serv- ic adjacent to the George E. Wahlen Vet- ice, or pension or compensation from the De- year, and for other purposes; which was erans Home in Ogden, Utah. partment of Veterans Affairs instead of such ordered to lie on the table; as follows: (b) PAYMENT OF COSTS OF CONVEYANCE.— retired or retainer pay. At the end of subtitle H of title X, add the (1) PAYMENT REQUIRED.—The Secretary (b) ELIGIBILITY FOR ANNUITY.—Section following: may require the Department to cover costs 8412(d) of such title is amended— SEC. 1088. LONG-TERM PLAN FOR MAINTENANCE to be incurred by the Secretary, or to reim- (1) in paragraph (1), by striking ‘‘or’’ at the OF INTERCONTINENTAL BALLISTIC burse the Secretary for costs incurred by the end; MISSILE SOLID ROCKET MOTOR Secretary, to carry out the conveyance (2) in paragraph (2), by adding ‘‘or’’ at the PRODUCTION CAPACITY. under subsection (a), including survey costs, end; and The Secretary of Defense shall submit, costs related to environmental documenta- (3) by inserting after paragraph (2) the fol- with the budget justification materials sub- tion, and other administrative costs related lowing: mitted to Congress in support of the budget to the conveyance. If amounts paid to the ‘‘(3) after becoming 57 years of age and of the Department of Defense for fiscal year Secretary in advance exceed the costs actu- completing 10 years of service as a law en- 2013 (as submitted with the budget of the ally incurred by the Secretary to carry out forcement officer, member of the Capitol Po- President under section 1105(a) of title 31, the conveyance, the Secretary shall refund lice or Supreme Court Police, firefighter, nu- United States Code), a long-term plan for the excess amount to the Department. clear materials courier, customs or border maintaining a minimal capacity to produce

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.099 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7866 CONGRESSIONAL RECORD — SENATE November 18, 2011 intercontinental ballistic missile solid rock- able to the Secretary of Defense for that pur- (ii) the Committees on Armed Services and et motors. pose. Education and the Workforce of the House of (b) YEARS OF SERVICE REQUIREMENTS.—Sec- Representatives. SA 1316. Mr. HATCH (for himself and tion 2303(a)(2)(A)(i) of the Elementary and (B) TROOPS-TO-TEACHERS PROGRAM.—The Mr. CHAMBLISS) submitted an amend- Secondary Education Act of 1965 (20 U.S.C. term ‘‘Troops-to-Teachers Program’’ means ment intended to be proposed by him 6673(a)(2)(A)(i)) is amended by striking ‘‘6 or the Troops-to-Teachers Program under chap- to the bill S. 1867, to authorize appro- more years’’ and inserting ‘‘4 or more years’’. ter A of subpart 1 of part C of title II of the priations for fiscal year 2012 for mili- (c) DEFINITION OF LOCAL EDUCATIONAL Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.). tary activities of the Department of AGENCY AND PUBLIC CHARTER SCHOOLS.— (1) AMENDMENT.—Section 2304(a)(1)(B) of Defense, for military construction, and the Elementary and Secondary Education for defense activities of the Depart- Act of 1965 (20 U.S.C. 6674(a)(1)(B)) is amend- SA 1319. Mr. SANDERS submitted an ment of Energy, to prescribe military ed to read as follows: amendment intended to be proposed by personnel strengths for such fiscal ‘‘(B) to accept an offer of full-time employ- him to the bill S. 1867, to authorize ap- year, and for other purposes; which was ment as an elementary school teacher, sec- propriations for fiscal year 2012 for ordered to lie on the table; as follows: ondary school teacher, or career or technical military activities of the Department Strike subtitle C of title III. education teacher for not less than 3 school of Defense, for military construction, years with a local educational agency receiving a grant under part A of title I, a public and for defense activities of the De- SA 1317. Mr. PORTMAN submitted an partment of Energy, to prescribe mili- amendment intended to be proposed by charter school (as such term is defined in section 2102) residing in such a local edu- tary personnel strengths for such fiscal him to the bill S. 1867, to authorize ap- cational agency, or a Bureau-funded school year, and for other purposes; which was propriations for fiscal year 2012 for (as such term is defined in section 1141 of the ordered to lie on the table; as follows: military activities of the Department Education Amendments of 1978 (25 U.S.C. of Defense, for military construction, 2021)), to begin the school year after obtain- Beginning on page 542, strike line 11 and and for defense activities of the De- ing that certification or licensing.’’. all that follows through page 543, line 18, and partment of Energy, to prescribe mili- (2) EFFECTIVE DATE.—The amendment insert the following: ‘‘amount of $270,000,000. made by paragraph (1) shall take effect 30 tary personnel strengths for such fiscal SEC. 1403. AUTHORIZATION OF APPROPRIATIONS, year, and for other purposes; which was days after the date of the enactment of this DEFENSE AGENCIES. Act. ordered to lie on the table; as follows: (d) REPORT.— Funds are hereby authorized to be appro- At the end of subtitle G of title X, add the (1) IN GENERAL.—Not later than April 1, priated for fiscal years beginning after Sep- following: 2012, the Secretary of Defense and the Sec- tember 30, 2011, for military construction, SEC. 1080. REPORT ON DEFENSE DEPARTMENT retary of Education shall jointly submit to land acquisition, and military family hous- ANALYTIC CAPABILITIES REGARD- the appropriate committees of Congress a re- ing functions of the Department of Defense ING FOREIGN BALLISTIC MISSILE port on the Troops-to-Teachers Program. (other than the military departments) in the THREATS. The report shall include the following: total amount of $3,347,498,000, as follows: (a) REPORT REQUIRED.—Not later than 180 (A) A summary of the funding of the (1) For military construction projects in- days after the date of enactment of this Act, Troops-to-Teachers Program since its incep- side the United States authorized by section the Secretary of Defense shall submit to the tion and projected funding of the program 2401(a), $1,476,499,000. congressional defense committees a report during the period covered by the future- (2) For military construction projects out- on the analytic capabilities of the Depart- years defense program submitted to Congress side the United States authorized by section ment of Defense regarding threats from for- during 2011. 2401(b), $357,004,000. eign ballistic missiles of all ranges. (B) The number of past participants in the (3) For unspecified minor military con- (b) ELEMENTS.—The report required by sub- Troops-to-Teachers Program by year, the struction projects under section 2805 of title section (a) shall include the following: number of past participants who have ful- 10, United States Code, $32,964,000. (1) A description of the current capabilities filled, and have not fulfilled, their service (4) For contingency construction projects of the Department of Defense to analyze obligation under the program, and the num- of the Secretary of Defense under section threats from foreign ballistic missiles of all ber of waivers of such obligations (and the 2804 of title 10, United States Code, ranges, including the degree of coordination reasons for such waivers). $10,000,000. among the relevant analytic elements of the (C) A discussion and assessment of the cur- (5) For architectural and engineering serv- Department. rent and anticipated effects of recent eco- ices and construction design under section (2) A description of any current or foresee- nomic circumstances in the United States, 2807 of title 10, United States Code, able gaps in the analytic capabilities of the and cuts nationwide in State and local budg- $399,602,000. Department regarding threats from foreign ets, on the ability of participants in the (6) For energy conservation projects under ballistic missiles of all ranges. Troops-to-Teachers Program to obtain chapter 173 of title 10, United States Code, (3) A plan to address any gaps identified teaching positions. $270,000,000. pursuant to paragraph (2) during the 5-year (D) A discussion of the youth education period beginning on the date of the report. On page 671, in the table relating to Mili- goals in the Troops-to-Teachers Program and (c) FORM.—The report required by sub- tary Construction, Defense-Wide, in the item the record of the program to date in pro- section (a) shall be submitted in unclassified relating to the Energy Conservation Invest- ducing teachers in high-need and other eligi- form, but may include a classified annex. ment Program, strike ‘‘135,000’’ in the Senate ble schools. Agreement column and insert ‘‘270,000’’. SA 1318. Mr. BENNET submitted an (E) An assessment of the extent to which the Troops-to-Teachers Program achieves its On page 671, in the table relating to Mili- amendment intended to be proposed by purpose as a military transition assistance tary Construction, Defense-Wide, in the item him to the bill S. 1867, to authorize ap- program and, in particular, as a transition relating to Total Military Construction, De- propriations for fiscal year 2012 for assistance program for members of the fense-Wide, strike ‘‘3,103,663’’ in the Senate military activities of the Department Armed Forces who are nearing retirement or Agreement column and insert ‘‘3,238,663’’. of Defense, for military construction, who are voluntarily or involuntarily sepa- and for defense activities of the De- rating from military service. SA 1320. Mr. LIEBERMAN (for him- partment of Energy, to prescribe mili- (F) An assessment of the performance of self, Mr. INHOFE, and Mr. GRAHAM) sub- tary personnel strengths for such fiscal the Troops-to-Teachers Program in providing qualified teachers to high-need public mitted an amendment intended to be year, and for other purposes; which was schools, and reasons for expanding the pro- proposed by him to the bill S. 1867, to ordered to lie on the table; as follows: gram to additional school districts. authorize appropriations for fiscal year Strike section 1048 and insert the fol- (G) A discussion and assessment of the ad- 2012 for military activities of the De- lowing: visability of the administration of the partment of Defense, for military con- SEC. 1048. TROOPS-TO-TEACHERS PROGRAM EN- Troops-to-Teachers Program by the Depart- HANCEMENTS. ment of Education in consultation with the struction, and for defense activities of (a) FISCAL YEAR 2012 ADMINISTRATION.— Department of Defense. the Department of Energy, to prescribe Notwithstanding section 2302(c) of the Ele- (2) DEFINITIONS.—In this subsection: military personnel strengths for such mentary and Secondary Education Act of (A) APPROPRIATE COMMITTEES OF CON- fiscal year, and for other purposes; 1965 (20 U.S.C. 6672(c)), the Secretary of De- GRESS.—The term ‘‘appropriate committees which was ordered to lie on the table; fense may administer the Troops-to-Teach- of Congress’’ means— as follows: ers Program during fiscal year 2012. Amounts (i) the Committees on Armed Services and authorized to be appropriated for the Depart- Health, Education, Labor, and Pensions of At the end of subtitle A of title IV, add the ment of Defense by this Act shall be avail- the Senate; and following:

VerDate Mar 15 2010 06:39 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.098 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7867 SEC. 402. REPORT ON ANTICIPATED REDUCTIONS rado, Mr. VITTER, Mr. WARNER, Mr. volving non-federalized National Guard IN END-STRENGTH LEVELS FOR WHITEHOUSE, Mr. WYDEN, Mr. TOOMEY, forces in support of homeland defense and UNITED STATES GROUND FORCES IN civil support missions.’’. RESPONSE TO POTENTIAL REDUC- and Mr. KERRY) to the bill S. 1867, to TIONS IN FUNDING FOR THE DE- authorize appropriations for fiscal year Mr. VITTER submitted an PARTMENT OF DEFENSE. 2012 for military activities of the De- SA 1322. amendment intended to be proposed by (a) REPORT REQUIRED.—Not later than 90 partment of Defense, for military con- days after the date of the enactment of this him to the bill S. 1867, to authorize ap- struction, and for defense activities of Act, the Secretary of Defense shall submit to propriations for fiscal year 2012 for the Department of Energy, to prescribe Congress a report on potential reductions in military activities of the Department end-strength levels for United States ground military personnel strengths for such fiscal year, and for other purposes; of Defense, for military construction, forces that would occur as a result of any re- and for defense activities of the De- ductions in funding for the Department of which was ordered to lie on the table; Defense linked to the Budget Control Act. as follows: partment of Energy, to prescribe military personnel strengths for such fiscal (b) ELEMENTS.—The report required by sub- On page 2, strike line 15 and all that fol- section (a) shall include the following: lows through page 5 line 19, and insert the year, and for other purposes; which was (1) A description of the reductions in end- following: ordered to lie on the table; as follows: strength levels for United States ground ‘‘(A) have had at least 10 years of federally At the end of subtitle H of title X, add the forces anticipated in response to potential recognized service in an active status in the following: reductions in funding for the Department of National Guard; and SEC. 1088. SENSE OF SENATE ON THE 50TH ANNI- Defense. ‘‘(B) are in a grade above the grade of brig- VERSARY OF THE ESTABLISHMENT (2) An explanation of the strategic ration- adier general. OF THE NAVY SEALS. ale for such reductions. ‘‘(2) The Chief and Vice Chief of the Na- (a) FINDINGS.—The Senate makes the fol- (3) An explanation of the standards to be tional Guard Bureau may not both be mem- lowing findings: used in determining and implementing such bers of the Army or of the Air Force. (1) Members of the United States Special reductions, and the resultant force structure ‘‘(3)(A) Except as provided in subparagraph Operations Command forces, known as mix, over the course of the future-years de- (B), an officer appointed as Vice Chief of the ‘‘Navy SEALs’’, who are able to operate in fense program submitted to Congress in fis- National Guard Bureau serves for a term of sea, air, and land, bravely serve United cal year 2012. four years, but may be removed from office States national security by conducting elite (4) A summary of the risks such reductions at any time for cause. combat operations around the world in sup- pose to the capacity of the Armed Forces to ‘‘(B) The term of the Vice Chief of the Na- port of the global war on terrorism. execute the National Defense Strategy or tional Guard Bureau shall end within a rea- (2) The Navy SEALs are the critical ele- any particular role or mission under that sonable time (as determined by the Sec- ment of the special operations capability of strategy. retary of Defense) following the appointment the United States and have retained the (5) A summary of plans to manage the of a Chief of the National Guard Bureau who highest standard of loyalty, honor, and duty risks summarized under paragraph (4), in- is a member of the same armed force as the since their origin as Navy frogmen during cluding, in particular, plans for mechanisms Vice Chief. World War II. to ensure the timeliness of any expansion of ‘‘(b) DUTIES.—The Vice Chief of the Na- (3) The Navy SEALs show the highest pro- United States ground forces required in the tional Guard Bureau performs such duties as fessionalism in their tactical proficiency and event of a crisis and to expand the reserve may be prescribed by the Chief of the Na- full-spectrum capability on the battlefield. components. tional Guard Bureau. (4) The Navy SEALs have made the great- ‘‘(c) GRADE.—The Vice Chief of the Na- (6) A description of any differences in opin- est of sacrifices in the line of duty and re- tional Guard Bureau shall be appointed to ion on the matters covered by paragraphs (1) peatedly demonstrate their dedication and serve in the grade of lieutenant general. through (5) from the Joint Staff, the Chiefs readiness to continue to make those sac- ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When of Staff, and the commanders of the combat- rifices on behalf of the United States. there is a vacancy in the office of the Chief ant commands. (5) The valiant Navy SEALs have coura- of the National Guard Bureau or in the ab- (7) Such other matters relating to such re- geously and vigorously pursued al-Qaeda and sence or disability of the Chief, the Vice ductions as the Secretary considers appro- its affiliates in Afghanistan and around the Chief of the National Guard Bureau acts as priate. world, and participated with the intelligence Chief and performs the duties of the Chief (c) FORM.—The report required by sub- community in the elimination of Osama Bin until a successor is appointed or the absence section (a) shall be submitted in unclassified Laden. form, but may include a classified annex. of disability ceases.’’. (b) SENSE OF SENATE.—It is the sense of the (d) UNITED STATES GROUND FORCES DE- (b) CONFORMING AMENDMENTS.— Senate to— FINED.—In this section, the term ‘‘United (1) Section 10502 of such title is amended (1) recognize the service, professionalism, States ground forces’’ means the Army and by striking subsection (e). honor, and sacrifices of the Navy SEALs and the Marine Corps. (2) Section 10506(a)(1) of such title is amended by striking ‘‘and the Director of their contributions to the national security SA 1321. Mr. REED submitted an the Joint Staff of the National Guard Bu- of the United States since January 1, 1962; amendment intended to be proposed to reau’’ and inserting ‘‘and the Vice Chief of (2) support the mission of the Navy SEALs in the global war on terrorism; and amendment SA 1072 submitted by Mr. the National Guard Bureau’’. (c) CLERICAL AMENDMENTS.— (3) encourage the people of the United LEAHY (for himself, Mr. GRAHAM, Mr. (1) HEADING AMENDMENT.—The heading of States to learn the history and mission of ROCKEFELLER, Ms. AYOTTE, Mr. AKAKA, section 10502 of such title is amended to read the Navy SEALs. Mr. ALEXANDER, Mr. BAUCUS, Mr. as follows: BEGICH, Mr. BENNET, Mr. BINGAMAN, ‘‘§ 10502. Chief of the National Guard Bureau: SA 1323. Mr. BENNET (for himself Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- appointment; advisor on National Guard and Mrs. GILLIBRAND) submitted an MAN, Mrs. BOXER, Mr. BROWN of Massa- matters; grade’’. amendment intended to be proposed by chusetts, Mr. BROWN of Ohio, Mr. BURR, (2) TABLE OF SECTIONS.—The table of sec- him to the bill S. 1867, to authorize ap- Ms. CANTWELL, Mr. CARDIN, Mr. CAR- tions at the beginning of chapter 1011 of such propriations for fiscal year 2012 for PER, Mr. CASEY, Mr. COATS, Mr. CON- title is amended— military activities of the Department RAD, Mr. COONS, Mr. CORKER, Mr. (A) by striking the item relating to section of Defense, for military construction, CRAPO, Mr. DURBIN, Mr. ENZI, Mrs. 10502 and inserting the following new item: and for defense activities of the De- FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- ‘‘10502. Chief of the National Guard Bureau: partment of Energy, to prescribe mili- appointment; advisor on Na- BRAND, Mr. GRASSLEY, Mrs. HAGAN, Mr. tary personnel strengths for such fiscal tional Guard matters; grade.’’; year, and for other purposes; which was HARKIN, Mr. HELLER, Mr. HOEVEN, Mr. and INHOFE, Mr. INOUYE, Mr. JOHANNS, Mr. (B) by striking the item relating to section ordered to lie on the table; as follows: JOHNSON of Wisconsin, Mr. JOHNSON of 10505 and inserting the following new item: At the end of subtitle I of title V, add the South Dakota, Ms. KLOBUCHAR, Ms. ‘‘10505. Vice Chief of the National Guard Bu- following: LANDRIEU, Mr. LAUTENBERG, Mr. LEE, reau.’’. SEC. 586. IMPROVEMENTS TO TRANSITION AS- Mr. LUGAR, Mr. MANCHIN, Mrs. MCCAS- SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE SISTANCE PROGRAM. KILL, Mr. MENENDEZ, Mr. MERKLEY, Ms. NATIONAL GUARD BUREAU ON THE (a) SECRETARY OF LABOR FOLLOW-UP WITH JOINT CHIEFS OF STAFF. PROGRAM PARTICIPANTS.—The Secretary of MIKULSKI, Mr. MORAN, Mrs. MURRAY, Section 151(a) of title 10, United States Labor shall contact each individual who par- Mr. NELSON of Nebraska, Mr. PRYOR, Code, is amended by adding at the end the ticipates in the Transition Assistance Pro- Mr. RISCH, Mr. SANDERS, Mr. SCHUMER, following new paragraph: gram (TAP) of the Department of Defense Mrs. SHAHEEN, Ms. SNOWE, Ms. STABE- ‘‘(7) The Chief of the National Guard Bu- not later than 180 days after the date on NOW, Mr. TESTER, Mr. UDALL of Colo- reau for the purpose of addressing issues in- which the individual completes participation

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.097 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7868 CONGRESSIONAL RECORD — SENATE November 18, 2011 in the program and not less frequently than shall enter into an agreement with an inde- commencing 180 days after participation in once every 120 days thereafter for two pendent nongovernmental entity to conduct the program and ending three years after years— an audit of the Transition Assistance Pro- participation in the program. (1) to ascertain the employment status of gram. the individual; and (2) ELEMENTS.—Each audit carried out (2) to refer the individual to employment under paragraph (1) shall include, for the pe- SA 1324. Mr. COCHRAN (for himself assistance and services provided by the De- riod covered by such audit, an assessment of and Mr. WICKER) submitted an amend- partment of Labor or Department of Vet- the following: ment intended to be proposed by him erans Affairs as appropriate. (A) The persons providing training under to the bill S. 1867, to authorize appro- (b) OUTREACH TO SPOUSES.—The Secretary the program. of Labor shall, in conjunction with the Sec- priations for fiscal year 2012 for mili- (B) Outreach relating to the program. retary of Defense, the Secretary of Homeland tary activities of the Department of (C) The employment obtained by former Security, and the Secretary of Veterans Af- participants in the program, including the Defense, for military construction, and fairs, carry out a program of outreach to en- for defense activities of the Depart- sure that spouses of members of the Armed quality of job offers received by participants Forces who are eligible for participation in and the current employment status of ment of Energy, to prescribe military the Transition Assistance Program are former participants. personnel strengths for such fiscal aware that they are also eligible to partici- (3) ASSESSMENT OF EMPLOYMENT.—In as- year, and for other purposes; which was pate in such program. sessing the employment of former partici- ordered to lie on the table; as follows: (c) BIENNIAL AUDITS.— pants under paragraph (2)(C), the Secretary (1) IN GENERAL.—Not less frequently than shall assess the employment status of former On page 554, insert after the table relating once every two years, the Secretary of Labor participants at intervals of every 180 days, to Air National Guard the following: Air National Guard: Extension of 2009 Project Authorization

Installation or State Location Project Amount

Mississippi ...... Gulfport-Biloxi International Airport ...... Relocate munitions storage complex ...... $3,400,000

SA 1325. Mr. BARRASSO submitted lies at test and training ranges in the conti- clauses (i) through (iv) of subparagraph (A), an amendment intended to be proposed nental United States. which may be calculated using data from the by him to the bill S. 1867, to authorize feeder schools of such high school; SA 1327. Mr. BENNET submitted an appropriations for fiscal year 2012 for ‘‘(C) a school that is served by a local edu- amendment intended to be proposed by military activities of the Department cational agency that is eligible as described him to the bill S. 1867, to authorize ap- in section 6211(b); or of Defense, for military construction, propriations for fiscal year 2012 for ‘‘(D) a school in which not less than 13 per- and for defense activities of the De- cent of the enrolled students qualify for as- partment of Energy, to prescribe mili- military activities of the Department of Defense, for military construction, sistance under part B of the Individuals with tary personnel strengths for such fiscal Disabilities Education Act.’’. and for defense activities of the De- year, and for other purposes; which was (b) BUREAU-FUNDED SCHOOLS.—Section ordered to lie on the table; as follows: partment of Energy, to prescribe mili- 2302(b)(2)(A) of the Elementary and Sec- At the end of subtitle C of title VI, add the tary personnel strengths for such fiscal ondary Education Act of 1965 (20 U.S.C. following: year, and for other purposes; which was 6672(b)(2)(A)) is amended— SEC. 634. TIMELY PRODUCTION OF DEATH CER- ordered to lie on the table; as follows: (1) in clause (i), by striking ‘‘or’’ after the TIFICATES FOR MEMBERS OF THE Strike section 1048 and insert the fol- semicolon; ARMED FORCES WHO DIE ON ACTIVE lowing: (2) in clause (ii)— DUTY ABROAD. SEC. 1048. FISCAL YEAR 2012 ADMINISTRATION (A) by striking ‘‘and’’ after the semicolon With respect to a member of the Armed OF TROOPS-TO-TEACHERS PRO- and inserting ‘‘or’’; and Forces on active duty who dies abroad, the GRAM. (B) by inserting ‘‘foreign language,’’ after Secretary of Defense shall take appropriate Notwithstanding section 2302(c) of the Ele- ‘‘special education,’’; and actions to ensure that the Chief of the mentary and Secondary Education Act of (3) by adding at the end the following: Armed Forces Examiner Services produces 1965 (20 U.S.C. 6672(c)), the Secretary of De- ‘‘(iii) a Bureau-funded school (as such term the following not later than seven days after fense may administer the Troops-to-Teach- is defined in section 1141 of the Education the return of the remains of the member to ers Program (as defined in section 1049(j)(2)) Amendments of 1978 (25 U.S.C. 2021)); and’’. the United States: during fiscal year 2012. Amounts authorized (c) COUNSELING AND REFERRAL SERVICES.— (1) A death certificate. to be appropriated for the Department of De- Section 2302(e) of the Elementary and Sec- (2) If a death certificate cannot be provided fense by this Act shall be available to the ondary Education Act of 1965 (20 U.S.C. within such seven days, a temporary death Secretary of Defense for that purpose. 6672(e)) is amended to read as follows: certificate adequate for purposes of claiming SEC. 1049. TROOPS-TO-TEACHERS PROGRAM EN- ‘‘(e) COUNSELING AND REFERRAL SERV- commercial insurance with respect to the de- HANCEMENTS. ICES.—The Secretary may, with the agree- ceased member. (a) HIGH-NEED SCHOOL DEFINITION.—Section ment of the Secretary of Defense, provide 2301 of the Elementary and Secondary Edu- placement assistance and referral services to SA 1326. Mr. RISCH submitted an cation Act of 1965 (20 U.S.C. 6671) is amended members of the Armed Forces who do not amendment intended to be proposed by by adding at the end the following: meet the criteria described in section 2303(a), him to the bill S. 1867, to authorize ap- ‘‘(6) HIGH-NEED SCHOOL.—The term ‘high- including meeting the education qualifica- propriations for fiscal year 2012 for need school’ means— tion requirements under section 2303(c)(2).’’. military activities of the Department ‘‘(A) an elementary school or middle school (d) YEARS OF SERVICE REQUIREMENTS; STI- of Defense, for military construction, in which not less than 50 percent of the en- PEND.—Section 2303(a) of the Elementary and and for defense activities of the De- rolled students are children from low-income Secondary Education Act of 1965 (20 U.S.C. partment of Energy, to prescribe mili- families, based on— 6673(a)) is amended— ‘‘(i) the number of children eligible for a (1) in paragraph (2)(A)(i), by striking ‘‘6 or tary personnel strengths for such fiscal free or reduced priced lunch under the Rich- more years’’ and inserting ‘‘4 or more years’’; year, and for other purposes; which was ard B. Russell National School Lunch Act; and ordered to lie on the table; as follows: ‘‘(ii) the number of children in families re- (2) in paragraph (2)(A)(ii), by striking ‘‘10 In section 331(b)(2), strike subparagraphs ceiving assistance under the State program years of active duty service, 10 years of serv- (K) and (L) and insert the following: funded under part A of title IV of the Social ice computed under section 12732 of title 10, (K) identify parcels with no value to future Security Act; United States Code, or 10 years of any com- military operations; ‘‘(iii) the number of children eligible to re- bination of such service; and’’ and inserting (L) propose a list of prioritized projects, ceive medical assistance under the Medicaid ‘‘6 years of active duty service, 6 years of easements, acquisitions, or other actions, in- program under title XIX of the Social Secu- service computed under section 12732 of title cluding estimated costs required to upgrade rity Act; or 10, United States Code, or 6 years of any the test and training range infrastructure, ‘‘(iv) a composite of the indicators de- combination of such service; and’’. taking into consideration the criteria set scribed in clauses (i) through (iii); (e) VOCATIONAL AND TECHNICAL EDUCATION forth in this paragraph; and ‘‘(B) a high school in which not less than 40 REQUIREMENTS.—Section 2303(c)(2)(B) of the (M) explore opportunities to increase for- percent of the enrolled students are children Elementary and Secondary Education Act of eign military training with United States al- from low-income families, as described in 1965 (20 U.S.C. 6673(c)(2)(B)) is amended by

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.100 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7869 striking ‘‘ave received the equivalent’’ and Troops-to-Teachers Program to obtain essing, exploitation, and dissemination fa- all that follows through ‘‘field; or’’ and in- teaching positions. cilities. serting the following: (D) A discussion of the youth education (C) Methods of processing, exploiting, and ‘‘(i) to have received the equivalent of 1 goals in the Troops-to-Teachers Program and disseminating data collected from unmanned year of college from an accredited institu- the record of the program to date in pro- aerial systems, with an emphasis on im- tion of higher education or the equivalent in ducing teachers in high-need and other eligi- provement of dissemination of such data. military education and training as certified ble schools. (2) An assessment of the feasibility of each by the Department of Defense; or’’. (E) An assessment of the extent to which of the following (including whether the feasi- (f) RESERVE ENLISTMENT REQUIREMENT.— the Troops-to-Teachers Program achieves its bility of each is enhanced by reason of any Section 2303(e)(2)(B) of the Elementary and purpose as a military transition assistance improvements recommended under para- Secondary Education Act of 1965 (20 U.S.C. program and, in particular, as a transition graph (1)): 6673(e)(2)(B)) is amended by striking ‘‘(in ad- assistance program for members of the (A) The establishment of a joint Distrib- dition to any other reserve commitment the Armed Forces who are nearing retirement or uted Common Ground Station (DCGS), or member may have)’’. who are voluntarily or involuntarily sepa- similar processing, exploitation, and dis- (g) DEFINITION OF LOCAL EDUCATIONAL rating from military service. semination facilities, consisting of appro- AGENCY AND PUBLIC CHARTER SCHOOLS.— (F) An assessment of the performance of priate elements of the Air Force, the Army, (1) AMENDMENT.—Section 2304(a)(1)(B) of the Troops-to-Teachers Program in pro- the Navy, and the Marine Corps. the Elementary and Secondary Education viding qualified teachers to high-need public (B) The establishment of an interagency Act of 1965 (20 U.S.C. 6674(a)(1)(B)) is amend- schools, and reasons for expanding the pro- Distributed Common Ground Station, or ed to read as follows: gram to additional school districts. such similar facilities, consisting of appro- ‘‘(B) to accept an offer of full-time employ- (G) A discussion and assessment of the ad- priate elements of the Department of De- ment as an elementary school teacher, sec- visability of the administration of the fense, the Department of Homeland Security, ondary school teacher, or vocational or tech- Troops-to-Teachers Program by the Depart- and other appropriate departments and agen- nical teacher for not less than 3 school years ment of Education in consultation with the cies of the Federal Government, including with a local educational agency receiving a Department of Defense. members of the National Guard in State sta- grant under part A of title I, a public charter (2) DEFINITIONS.—In this subsection: tus serving both the Army National Guard or school (as such term is defined in section (A) APPROPRIATE COMMITTEES OF CON- the Air National Guard and a Federal or 2102) residing in such a local educational GRESS.—The term ‘‘appropriate committees State civilian agency. agency, or a Bureau-funded school (as such of Congress’’ means— (C) The establishment of an intergovern- term is defined in section 1141 of the Edu- (i) the Committees on Armed Services and mental Distributed Common Ground Sta- cation Amendments of 1978 (25 U.S.C. 2021)), Health, Education, Labor, and Pensions of tion, or such similar facilities, consisting of to begin the school year after obtaining that the Senate; and appropriate elements of the Federal Govern- certification or licensing.’’. (ii) the Committees on Armed Services and ment and State governments, particularly (2) EFFECTIVE DATE.—The amendment Education and the Workforce of the House of for purposes of collecting, processing, ex- made by paragraph (1) shall take effect 30 Representatives. ploiting, and disseminating data from un- days after the date of the enactment of this (B) TROOPS-TO-TEACHERS PROGRAM.—The manned aerial systems on natural disasters. Act. term ‘‘Troops-to-Teachers Program’’ means (3) An identification and assessment of (h) HIGH-NEED SCHOOL.—Section 2303(d) of the Troops-to-Teachers Program under chap- means of resolving each of the following in the Elementary and Secondary Education ter A of subpart 1 of part C of title II of the connection with the collecting, processing, Act of 1965 (20 U.S.C. 6674(d)) is amended to Elementary and Secondary Education Act of exploiting, and disseminating of data from read as follows: 1965 (20 U.S.C. 6671 et seq.). unmanned aerial systems: ‘‘(d) SELECTION PRIORITIES.—In selecting (A) Issues arising from the classified na- eligible members of the Armed Forces to re- SA 1328. Mr. CONRAD submitted an ture of some data collected by unmanned ceive assistance under the Program, the Sec- amendment intended to be proposed by aerial systems. retary— (B) Issues in connection with the advan- ‘‘(1) shall give priority to members who— him to the bill S. 1867, to authorize ap- tages and disadvantages flowing from the ge- ‘‘(A) have educational or military experi- propriations for fiscal year 2012 for ographic dispersal of unmanned aerial sys- ence in science, mathematics, special edu- military activities of the Department tems and processing, exploitation, and dis- cation, foreign language, or career or voca- of Defense, for military construction, semination facilities throughout the United tional subjects; and and for defense activities of the De- States. ‘‘(B) agree to seek employment as science, partment of Energy, to prescribe mili- (C) Issues relating to whether the Depart- mathematics, foreign language, or special tary personnel strengths for such fiscal ment of Defense, in using unmanned aerial education teachers in elementary schools or year, and for other purposes; which was systems to collect data and using processing, secondary schools or in other schools under ordered to lie on the table; as follows: exploitation, and dissemination facilities to the jurisdiction of a local educational agen- process, exploit, and disseminate data in the cy; and At the end of subtitle G of title X, add the United States, constitutes a posse comitatus. ‘‘(2) may give priority to members who following: (4) Such other matters as the Secretary of agree to seek employment in a high-need SEC. 1080. REPORT ON IMPROVEMENT OF JOINT, Defense considers appropriate. school.’’. INTERAGENCY, AND INTERGOVERN- MENTAL METHODS FOR COL- (i) DEFINITIONS.—Section 2304(d) of the Ele- LECTING, PROCESSING, EXPLOIT- SA 1329. Mr. REED submitted an mentary and Secondary Education Act of ING, AND DISSEMINATING DATA amendment intended to be proposed by 1965 (20 U.S.C. 6675(d)) is amended by striking FROM UNMANNED AERIAL SYSTEMS. him to the bill S. 1867, to authorize ap- paragraph (3). (a) REPORT REQUIRED.—Not later than 180 (j) REPORT.— days after the date of the enactment of this propriations for fiscal year 2012 for (1) IN GENERAL.—Not later than April 1, Act, the Secretary of Defense shall, in con- military activities of the Department 2012, the Secretary of Defense and the Sec- sultation with the Secretary of Homeland of Defense, for military construction, retary of Education shall jointly submit to Security and the heads of other appropriate and for defense activities of the De- the appropriate committees of Congress a re- departments and agencies of the Federal partment of Energy, to prescribe mili- port on the Troops-to-Teachers Program. Government, submit to Congress a report on tary personnel strengths for such fiscal The report shall include the following: means of improving joint, interagency, and year, and for other purposes; which was (A) A summary of the funding of the intergovernmental methods for collecting, ordered to lie on the table; as follows: Troops-to-Teachers Program since its incep- processing, exploiting, and disseminating At the end of subtitle B of title V, add the tion and projected funding of the program data from unmanned aerial systems. during the period covered by the future- (b) ELEMENTS.—The report required by sub- following: years defense program submitted to Congress section (a) shall include the following: SEC. 515. REPEAL OF REQUIREMENT THAT THE during 2011. (1) Recommendations for means to improve CHIEF OF THE NATIONAL GUARD BUREAU BE APPOINTED FROM (B) The number of past participants in the interoperability between operators of un- AMONG OFFICERS RECOMMENDED Troops-to-Teachers Program by year, the manned aerial systems and users of data col- FOR APPOINTMENT BY THE GOV- number of past participants who have ful- lected by unmanned aerial systems, includ- ERNORS OF THE STATES. filled, and have not fulfilled, their service ing the Department of Defense, the Depart- Section 10502(a) of title 10, United States obligation under the program, and the num- ment of Homeland Security, and other Fed- Code, is amended— ber of waivers of such obligations (and the eral and State governmental users, including (1) by striking paragraph (1); and reasons for such waivers). recommendations for improvements regard- (2) by redesignating paragraphs (2) through (C) A discussion and assessment of the curing the following: (8) as paragraphs (1) through (7), respec- rent and anticipated effects of recent eco- (A) Unmanned aerial systems operations, tively. nomic circumstances in the United States, including crew and contractor support. and cuts nationwide in State and local budg- (B) Network architecture and infrastruc- SA 1330. Mr. WEBB submitted an ets, on the ability of participants in the ture for unmanned aerial systems and proc- amendment intended to be proposed by

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.101 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7870 CONGRESSIONAL RECORD — SENATE November 18, 2011 him to the bill S. 1867, to authorize ap- which was ordered to lie on the table; SA 1333. Mr. INHOFE submitted an propriations for fiscal year 2012 for as follows: amendment intended to be proposed to military activities of the Department On page 364, after line 22, add the fol- amendment SA 1072 submitted by Mr. of Defense, for military construction, lowing: LEAHY (for himself, Mr. GRAHAM, Mr. and for defense activities of the De- (e) SUNSET.—This section and any require- ROCKEFELLER, Ms. AYOTTE, Mr. AKAKA, partment of Energy, to prescribe mili- ments under this section shall expire on Sep- Mr. ALEXANDER, Mr. BAUCUS, Mr. tary personnel strengths for such fiscal tember 30, 2013. BEGICH, Mr. BENNET, Mr. BINGAMAN, year, and for other purposes; which was Mr. BLUMENTHAL, Mr. BLUNT, Mr. BOOZ- Mr. LIEBERMAN (for him- ordered to lie on the table; as follows: SA 1332. MAN, Mrs. BOXER, Mr. BROWN of Massa- self and Mr. CORNYN) submitted an chusetts, Mr. BROWN of Ohio, Mr. BURR, At the end of subtitle H of title X, add the amendment intended to be proposed by following: Ms. CANTWELL, Mr. CARDIN, Mr. CAR- him to the bill S. 1867, to authorize ap- SEC. 1088. PETERSBURG NATIONAL BATTLEFIELD PER, Mr. CASEY, Mr. COATS, Mr. CON- BOUNDARY MODIFICATION. propriations for fiscal year 2012 for RAD, Mr. COONS, Mr. CORKER, Mr. (a) IN GENERAL.—The boundary of Peters- military activities of the Department CRAPO, Mr. DURBIN, Mr. ENZI, Mrs. burg National Battlefield is modified to in- of Defense, for military construction, FEINSTEIN, Mr. FRANKEN, Mrs. GILLI- clude the properties as generally depicted on and for defense activities of the De- BRAND, Mr. GRASSLEY, Mrs. HAGAN, Mr. the map titled ‘‘Petersburg National Battle- partment of Energy, to prescribe mili- HARKIN, Mr. HELLER, Mr. HOEVEN, Mr. field Boundary Expansion’’, numbered 325/ tary personnel strengths for such fiscal INHOFE, Mr. INOUYE, Mr. JOHANNS, Mr. 80,080, and dated June 2007. The map shall be year, and for other purposes; which was on file and available for inspection in the ap- JOHNSON of Wisconsin, Mr. JOHNSON of propriate offices of the National Park Serv- ordered to lie on the table; as follows: South Dakota, Ms. KLOBUCHAR, Ms. ice. At the end of subtitle G of title X, add the LANDRIEU, Mr. LAUTENBERG, Mr. LEE, (b) ACQUISITION OF PROPERTIES.—The Sec- following: Mr. LUGAR, Mr. MANCHIN, Mrs. MCCAS- retary of the Interior (referred to in this sec- SEC. 1080. REPORT ON APPROVAL AND IMPLE- KILL, Mr. MENENDEZ, Mr. MERKLEY, Ms. tion as the ‘‘Secretary’’) is authorized to ac- MENTATION OF AIR SEA BATTLE MIKULSKI, Mr. MORAN, Mrs. MURRAY, quire the lands or interests in land, described CONCEPT. Mr. NELSON of Nebraska, Mr. PRYOR, in subsection (a), from willing sellers only by (a) REPORT REQUIRED.—Not later than 180 Mr. RISCH, Mr. SANDERS, Mr. SCHUMER, donation, purchase with donated or appro- days after the date of the enactment of this Mrs. SHAHEEN, Ms. SNOWE, Ms. STABE- priated funds, exchange, or transfer. Act, the Secretary of Defense shall submit to NOW, Mr. TESTER, Mr. UDALL of Colo- (c) ADMINISTRATION.—The Secretary shall Congress a report on the approved Air Sea administer any land or interests in land ac- Battle Concept, as required by the 2010 Quad- rado, Mr. VITTER, Mr. WARNER, Mr. quired under subsection (b) as part of the Pe- rennial Defense Review Report, and a plan WHITEHOUSE, Mr. WYDEN, Mr. TOOMEY, tersburg National Battlefield in accordance for the implementation of the concept. and Mr. KERRY) to the bill S. 1867, to with applicable laws and regulations. (b) ELEMENTS.—The report required by sub- authorize appropriations for fiscal year (d) ADMINISTRATIVE JURISDICTION TRANS- section (a) shall include, at a minimum, the 2012 for military activities of the De- FER.— following: partment of Defense, for military con- (1) IN GENERAL.—The Secretary and the (1) The approved Air Sea Battle Concept. struction, and for defense activities of Secretary of the Army are authorized to (2) An identification and assessment of the Department of Energy, to prescribe transfer administrative jurisdiction for ap- risks related to gaps between Air Sea Battle military personnel strengths for such proximately 1.171 acres of land under the ju- Concept requirements and the current force risdiction of the Department of the Interior structure and capabilities of the Department fiscal year, and for other purposes; within the boundary of the Petersburg Na- of Defense. which was ordered to lie on the table; tional Battlefield, for approximately 1.170 (3) The plan and assessment of the Depart- as follows: acres of land under the jurisdiction of the ment on the risks to implementation of the On page 14, strike line 14 and all that fol- Department of the Army within the bound- approved concept within the current force lows through the end and insert the fol- ary of the Fort Lee Military Reservation ad- structure and capabilities. lowing: jacent to the boundary of the Petersburg Na- (4) A description and assessment of how SEC. 1609. NATIONAL GUARD STATE PARTNER- tional Battlefield. current research, development, and acquisi- SHIP PROGRAM. (2) MAP.—The land to be exchanged is de- tion priorities in the program of record meet (a) STATE PARTNERSHIP PROGRAM.— picted on the map titled ‘‘Petersburg Na- or fail to meet current and future require- (1) IN GENERAL.—Chapter 1 of title 32, tional Battlefield Proposed Transfer of Ad- ments for implementation of the Air Sea United States Code, is amended by adding at ministrative Jurisdiction’’, numbered 325/ Battle Concept. the end the following new section: 80,081, and dated October 2009. The map shall (5) An identification, in order of priority, ‘‘§ 116. State Partnership Program be available for public inspection in the ap- of the five most critical force structure or ‘‘(a) AVAILABILITY OF APPROPRIATED propriate offices of the National Park Serv- capabilities requiring increased or sustained FUNDS.—(1) Funds appropriated to the De- ice. investment for the implementation of the partment of Defense, including for the Air (3) CONDITIONS OF TRANSFER.—The transfer Air Sea Battle Concept. and Army National Guard, shall be available of administrative jurisdiction authorized in (6) An identification, in order of priority, for the payment of costs to conduct activi- paragraph (1) shall be subject to the fol- of how the Department will offset the in- ties under the State Partnership Program, lowing conditions: creased costs for force structure and capa- whether inside the United States or outside (A) NO REIMBURSEMENT OR CONSIDER- bilities required by implementation of the the United States, for purposes as follows: ATION.—The transfer shall occur without re- Air Sea Battle Concept, including an expla- ‘‘(A) To support the objectives of the com- imbursement or consideration. nation of what force structure, capabilities, mander of the combatant command for the (B) DEADLINE.—The Secretary and the Sec- and programs will be reduced and how poten- theater of operations in which such contacts retary of the Army shall complete the trans- tially increased risks based on those reduc- and activities are conducted. fers authorized by this subsection not later tions will be managed relative to other stra- ‘‘(B) To support the objectives of the than 120 days after the funds are made avail- tegic requirements. United States chief of mission of the partner able for that purpose. (7) A description and assessment of the es- nation with which contacts and activities (C) MANAGEMENT.—The land conveyed to timated incremental increases in costs and are conducted. the Secretary under paragraph (1) shall be savings from implementing the Air Sea Bat- ‘‘(C) To build international partnerships included within the boundary of the Peters- tle Concept, including the most significant and defense and security capacity. burg National Battlefield and shall be ad- reasons for those increased costs and sav- ‘‘(D) To strengthen cooperation between ministered as part of the park in accordance ings. the departments and agencies of the United with applicable laws and regulations. (8) A description and assessment of the States Government and agencies of foreign contributions required from allies and other governments to support building of defense SA 1331. Mr. UDALL of Colorado sub- international partners, including the identi- and security capacity. mitted an amendment intended to be fication and plans for management of related ‘‘(E) To facilitate intergovernmental col- proposed by him to the bill S. 1867, to risks, in order to implement the Air Sea Bat- laboration between the United States Gov- authorize appropriations for fiscal year tle Concept. ernment and foreign governments in the 2012 for military activities of the De- (9) Such other matters relating to the de- areas of defense and security. partment of Defense, for military con- velopment and implementation of the Air ‘‘(F) To facilitate and enhance the ex- Sea Battle Concept as the Secretary construction, and for defense activities of change of information between the United siders appropriate. States Government and foreign governments the Department of Energy, to prescribe (c) FORM.—The report required by sub- on matters relating to defense and security. military personnel strengths for such section (a) shall be submitted in both unclas- ‘‘(2) Costs under paragraph (1) may include fiscal year, and for other purposes; sified and classified form. costs as follows:

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.102 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7871 ‘‘(A) Costs of pay and allowances of mem- ‘‘(C) Consequence management and instal- tion (as defined by the Secretary of De- bers of the National Guard. lation protection. fense).’’. ‘‘(B) Travel and necessary expenses of ‘‘(D) Response to a chemical, biological, (b) EFFECTIVE DATE.—The amendments United States personnel outside of the De- radiological, nuclear, or explosives (CBRNE) made by subsection (a) shall take effect on partment of Defense in the State Partner- event. the date of the enactment of this Act. ship Program. ‘‘(E) Border and port security and coopera- ‘‘(C) Travel and necessary expenses of for- tion with civilian law enforcement. SA 1335. Mr. LUGAR submitted an eign participants directly supporting activi- ‘‘(F) Search and rescue. amendment intended to be proposed by ties under the State Partnership Program. ‘‘(G) Medicine. him to the bill S. 1867, to authorize ap- ‘‘(b) LIMITATIONS.—(1) Funds shall not be ‘‘(H) Counterdrug and counternarcotics ac- propriations for fiscal year 2012 for available under subsection (a) for activities tivities. military activities of the Department described in that subsection that are con- ‘‘(I) Public affairs. of Defense, for military construction, ducted in a foreign country unless jointly ap- ‘‘(J) Employer support and family support proved by the commander of the combatant for reserve forces. and for defense activities of the De- command concerned and the chief of mission ‘‘(5) The term ‘United States civilian per- partment of Energy, to prescribe mili- concerned. sonnel’ means the following: tary personnel strengths for such fiscal ‘‘(2) Funds shall not be available under ‘‘(A) Personnel of the United States Gov- year, and for other purposes; which was subsection (a) for the participation of a ernment (including personnel of departments ordered to lie on the table; as follows: member of the National Guard in activities and agencies of the United States Govern- described in that subsection in a foreign At the end of subtitle H of title X, add the ment other than the Department of Defense) following: country unless the member is on active duty and personnel of State and local govern- in the armed forces at the time of such par- SEC. 1088. TERMINATION OF APPLICATION OF ments of the United States. TITLE IV OF THE TRADE ACT OF 1974 ticipation. ‘‘(B) Members and employees of the legisla- ‘‘(3) Funds shall not be available under TO THE PRODUCTS OF MOLDOVA. tive branch of the United States Govern- subsection (a) for interagency activities in- (a) PRESIDENTIAL DETERMINATIONS AND EX- ment. volving United States civilian personnel or TENSION OF NONDISCRIMINATORY TREAT- ‘‘(C) Non-governmental individuals. foreign civilian personnel unless the partici- MENT.—Notwithstanding any provision of ‘‘(6) The term ‘foreign civilian personnel’ pation of such personnel in such activities— title IV of the Trade Act of 1974 (19 U.S.C. means the following: ‘‘(A) contributes to responsible manage- 2431 et seq.), the President may— ‘‘(A) Civilian personnel of a foreign government of defense resources; (1) determine that the denial of non- ment at any level (including personnel of ‘‘(B) fosters greater respect for and under- discriminatory treatment should no longer ministries other than ministries of defense). standing of the principle of civilian control apply to the products of Moldova; and ‘‘(B) Non-governmental individuals of a of the military; (2) after making a determination under foreign country.’’. ‘‘(C) contributes to cooperation between paragraph (1) with respect to Moldova, pro- (2) CLERICAL AMENDMENT.—The table of United States military and civilian govern- claim the extension of nondiscriminatory sections at the beginning of chapter 1 of such mental agencies and foreign military and ci- treatment (normal trade relations treat- title is amended by adding at the end the fol- vilian government agencies; or ment) to the products of Moldova. lowing new item: ‘‘(D) improves international partnerships (b) TERMINATION OF APPLICABILITY OF TITLE and capacity on matters relating to defense ‘‘116. State Partnership Program.’’. IV.—On and after the date on which the and security. (b) REPEAL OF SUPERSEDED AUTHORITY.— President extends nondiscriminatory treat- ‘‘(c) REIMBURSEMENT.—In the event of the Section 1210 of the National Defense Author- ment to the products of Moldova pursuant to participation of United States Government ization Act for Fiscal Year 2010 (Public Law subsection (a), title IV of the Trade Act of participants (other than personnel of the De- 111–84; 123 Stat. 2517; 32 U.S.C. 107 note) is re- 1974 shall cease to apply to Moldova. partment of Defense) in activities for which pealed. payment is made under subsection (a), the SA 1336. Mr. INHOFE submitted an head of the department or agency concerned SA 1334. Mr. INHOFE submitted an amendment intended to be proposed by shall reimburse the Secretary of Defense for amendment intended to be proposed by him to the bill S. 1867, to authorize ap- the costs associated with the participation of him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for such personnel in such contacts and activi- propriations for fiscal year 2012 for military activities of the Department ties. Amounts reimbursed the Department of military activities of the Department of Defense, for military construction, Defense under this subsection shall be depos- of Defense, for military construction, ited in the appropriation or account from and for defense activities of the De- which amounts for the payment concerned and for defense activities of the De- partment of Energy, to prescribe mili- were derived. Any amounts so deposited partment of Energy, to prescribe military personnel strengths for such fiscal shall be merged with amounts in such appro- tary personnel strengths for such fiscal year, and for other purposes; which was priation or account, and shall be available year, and for other purposes; which was ordered to lie on the table; as follows: for the same purposes, and subject to the ordered to lie on the table; as follows: At the end of subtitle H of title X, add the same conditions and limitations, as amounts At the end of subtitle H of title X, add the following: in such appropriation or account. following: SEC. 1089. REPORT ON, AND LIMITATION ON AP- ‘‘(d) DEFINITIONS.—In this section: SEC. 1088. EXCEPTION TO THE MEDICARE EXPAN- PLICATION OF, PROPOSED FEDERAL ‘‘(1) The term ‘State Partnership Program’ SION RESTRICTIONS FOR PHYSI- AVIATION ADMINISTRATION RULE means a program that establishes a defense CIAN-OWNED HOSPITALS FOR CER- WITH RESPECT TO FLIGHTCREW and security relationship between the Na- TAIN HOSPITALS LOCATED NEAR A MEMBER DUTY AND REST REQUIRE- tional Guard of a State or territory and the MILITARY INSTALLATION. MENTS. military and security forces, and related dis- (a) IN GENERAL.—Section 1877(i) of the So- (a) REPORT REQUIRED.—Not later than 90 aster management, emergency response, and cial Security Act (42 U.S.C. 1395nn(i)) is days after the date of the enactment of this security ministries, of a foreign country. amended— Act, the Secretary of Defense shall submit to ‘‘(2) The term ‘activities’, for purposes of (1) in paragraph (1)(B), by striking ‘‘para- the congressional defense committees a re- the State Partnership Program, means any graph (3)’’ and inserting ‘‘paragraphs (3) and port that contains the following: military-to-military activities or inter- (7)’’; and (1) An assessment of the effects of the pro- agency activities for a purpose set forth in (2) by adding at the end the following new posed rule of the Federal Aviation Adminis- subsection (a)(1). paragraph: tration with respect to flightcrew member ‘‘(3) The term ‘interagency activities’ ‘‘(7) ADDITIONAL EXCEPTION TO PROHIBITION duty and rest requirements (as described in means the following: ON EXPANSION OF FACILITY CAPACITY.— the notice of proposed rulemaking published ‘‘(A) Contacts between members of the Na- ‘‘(A) IN GENERAL.—The requirement under in the Federal Register on September 14, 2010 tional Guard and foreign civilian personnel paragraph (1)(B) shall not apply to a hospital (75 Fed. Reg. 55852)) on Department of De- outside the ministry of defense of the foreign described in subparagraph (B). fense operations. country concerned on matters within the ‘‘(B) HOSPITAL DESCRIBED.—A hospital is (2) A description of— core competencies of the National Guard. described in this subparagraph if it meets (A) the efforts of the United States Trans- ‘‘(B) Contacts between United States civil- the following requirements: portation Command to inform the Adminis- ian personnel and members of the Armed ‘‘(i) The hospital makes emergency serv- trator of the Federal Aviation Administra- Forces of a foreign country on matters with- ices available 24 hours a day and 7 days a tion of concerns with respect to the applica- in such core competencies. week. tion of the proposed rule; and ‘‘(4) The term ‘matter within the core com- ‘‘(ii) The hospital is an authorized provider (B) the response, if any, received by the petencies of the National Guard’ means mat- of health care services under the TRICARE United States Transportation Command ters with respect to the following: program. from the Administrator. ‘‘(A) Disaster response and mitigation. ‘‘(iii) The hospital is located within 75 road (3) An assessment of options available to ‘‘(B) Defense support to civil authorities. miles of a United States military installa- the United States Transportation Command

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.106 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7872 CONGRESSIONAL RECORD — SENATE November 18, 2011 and other Federal agencies that rely on sup- him to the bill S. 1867, to authorize ap- (3) In 2005, the Defense Acquisition Per- port from the Civil Reserve Air Fleet to propriations for fiscal year 2012 for formance Assessment (DAPA) panel found mitigate any adverse effects of the potential military activities of the Department that problems in the defense acquisition sys- rule. of Defense, for military construction, tem were deeply embedded in many of its ac- (b) LIMITATION ON APPLICATION OF PRO- and for defense activities of the De- quisition management processes. POSED RULE.—Notwithstanding any other (4) The General Services Administration provision of law, the proposed rule specified partment of Energy, to prescribe mili- (GSA), the National Aeronautics and Space in subsection (a)(1) may not take effect with tary personnel strengths for such fiscal Administration (NASA), the Department of respect to flights operated by or in support year, and for other purposes; which was Defense, and the Office of Management and of the Department of Defense or in further- ordered to lie on the table; as follows: Budget (OMB) met in February 2011 to de- ance of national security until the date that At the end of subtitle C of title XII, add velop ‘‘bold, new ways to improve the prod- is 90 days after the report required by sub- the following: uct quality and timeliness of the FAR proc- section (a) is submitted. SEC. 1243. ANNUAL REPORT ON MILITARY AND ess’’ and ‘‘called for a tune-up of the FARs’’. SECURITY DEVELOPMENTS INVOLV- (5) Despite attempts by Congress and other SA 1337. Mr. INHOFE submitted an ING THE PEOPLE’S REPUBLIC OF Federal agencies, Federal acquisition rules amendment intended to be proposed by CHINA. remain complicated and outdated, leading to him to the bill S. 1867, to authorize ap- Section 1202 of the National Defense Au- increased procurement times and costs. propriations for fiscal year 2012 for thorization Act for Fiscal Year 2000 (Public (b) ASSESSMENT.— military activities of the Department Law 106–65; 113 Stat. 781; 10 U.S.C. 113 note) (1) IN GENERAL.—The Secretary of Defense of Defense, for military construction, is amended— shall, in consultation with the other mem- and for defense activities of the De- (1) in subsection (a), by striking ‘‘the Sec- bers of the Federal Acquisition Regulatory retary of Defense shall submit’’ and insert- Council, conduct an assessment the feasi- partment of Energy, to prescribe mili- ing ‘‘the Secretary of Defense, in consulta- tary personnel strengths for such fiscal bility and advisability of establishing an tion with the Director of National Intel- independent commission to streamline and year, and for other purposes; which was ligence, shall submit’’; and simplify current Federal acquisition rules ordered to lie on the table; as follows: (2) in subsection (b)— and guidance. The purpose of the commission At the end of subtitle D of title IX, add the (A) by redesignating paragraph (12) as for purposes of the assessment shall be to re- following: paragraph (15); and duce, consolidate, and update all Federal ac- SEC. 933. REPORT ON THE INCORPORATION OF (B) by inserting after paragraph (11) the quisition rules in order to create an acquisi- EQUIPMENT MANUFACTURED BY following new paragraphs: tion system that is more cost effective, effi- HUAWEI INTO DEPARTMENT OF DE- ‘‘(12) Chinese military-to-military rela- cient, and timely. FENSE NETWORKS. tionships with other countries, including— (2) ELEMENTS.—The assessment required by (a) REPORT REQUIRED.—Not later than 90 ‘‘(A) the size and activity of military atta- days after the date of the enactment of this this subsection shall include, but not limited che offices around the world; to, the following: Act, the Secretary of Defense shall submit to ‘‘(B) military education programs con- the Committees on Armed Services of the (A) A comprehensive review of current ducted in China for others countries or in Federal acquisition rules affecting defense Senate and the House of Representatives a other countries for the Chinese; report on the incorporation into Department acquisition. ‘‘(C) the size and scope of purchases of for- (B) A consideration of the history, ration- of Defense networks or the networks of De- eign military hardware and software by the partment of Defense contractors of equip- ale and effects of the proliferation of the Chinese and from the Chinese; and ment manufactured by Huawei or any of its documents, rules, and regulations relating to ‘‘(D) Chinese foreign aid to and economic affiliates, subsidiaries, or allied organiza- the Federal acquisition process. investment in other countries. tions. (C) The impact of current Federal acquisi- ‘‘(13) Activities by the Government of the (b) ELEMENTS.—The report required by sub- tion rules on open competition, small busi- section (a) shall include the following: People’s Republic of China at or near United ness participation, and execution of con- (1) A comprehensive list of the networks of States military installations worldwide. tracts. the Department of Defense into which equip- ‘‘(14) Activities by the Government of the (D) The impact of current Federal acquisi- ment manufactured by Huawei or any of its People’s Republic of China in key industries, tion rules on warfighter access to the latest affiliates, subsidiaries, or allied organiza- including energy, rare earth minerals, bio- technologies and weapon systems. tions was incorporated. technology, and telecommunications, and (E) Such recommendations as the Sec- (2) A comprehensive list of the networks of the implications of those activities to the retary considers appropriate regarding po- Department of Defense contractors into national security of the United States. tential changes to documents, rules, and pro- which such equipment was incorporated. ‘‘(15) Joint ventures between firms in the cedures relating to the Federal acquisition (3) An assessment of the vulnerabilities People’s Republic of China and contractors process. created by the incorporation of such equip- of the Department of Defense that involve (F) An assessment of the feasibility and ad- ment into such networks. the intellectual property of those contrac- visability of establishing an independent (c) FORM.—The report required by sub- tors.’’. commission to reform the Federal acquisi- section (a) shall be submitted in unclassified tion rules. form, but may include a classified annex. SA 1340. Mr. INHOFE submitted an (G) If such an independent commission is amendment intended to be proposed by considered feasible and advisable, such rec- SA 1338. Mr. INHOFE submitted an him to the bill S. 1867, to authorize ap- ommendation on the size, composition, and amendment intended to be proposed by propriations for fiscal year 2012 for duration of the commission as the Secretary him to the bill S. 1867, to authorize ap- military activities of the Department considers appropriate. propriations for fiscal year 2012 for of Defense, for military construction, (3) REPORT.—Not later than 180 days after military activities of the Department and for defense activities of the De- the date of the enactment of this Act, the of Defense, for military construction, partment of Energy, to prescribe mili- Secretary shall submit to the congressional and for defense activities of the De- tary personnel strengths for such fiscal defense committees a report on the results of partment of Energy, to prescribe mili- year, and for other purposes; which was the assessment required by this subsection. tary personnel strengths for such fiscal ordered to lie on the table; as follows: SA 1341. Mr. NELSON of Florida (for year, and for other purposes; which was At the end of subtitle E of title VIII, add himself and Mr. RUBIO submitted an ordered to lie on the table; as follows: the following: amendment intended to be proposed to At the end of subtitle E of title VIII, add SEC. 889. SECRETARY OF DEFENSE ASSESSMENT amendment SA 1243 submitted by Mr. the following: OF INDEPENDENT COMMISSION TO REFORM FEDERAL ACQUISITION WARNER (for himself and Mr. WEBB) SEC. 889. PROHIBITION ON USE OF FUNDS FOR RULES. and intended to be proposed to the bill CONTRACTS THAT INCORPORATE EQUIPMENT MANUFACTURED BY (a) FINDINGS.—Congress makes the fol- S. 1867, to authorize appropriations for HUAWEI INTO DEPARTMENT OF DE- lowing findings: fiscal year 2012 for military activities FENSE NETWORKS. (1) There are 1,680 policy documents and 91 of the Department of Defense, for mili- None of the amounts authorized to be ap- laws affecting the Federal acquisition rules tary construction, and for defense ac- propriated by this Act may be expended on a (FARs), with 30 new documents added in 2011. tivities of the Department of Energy, (2) The Department of Defense has develop contract that results in the incorporation to prescribe military personnel into Department of Defense networks of any alternative procedures, working groups, and equipment manufactured by Huawei or any organizations, such as the Joint Improvised strengths for such fiscal year, and for of its affiliates, subsidiaries, or allied organi- Explosive Device Defeat Organization other purposes; which was ordered to zations. (JIEDDO), that essentially bypass current lie on the table; as follows: Federal acquisition rules in order to rapidly On page 1 of the amendment, beginning on SA 1339. Mr. INHOFE submitted an field new weapons systems critically needed line 2, strike ‘‘LIMITATION’’ and all that fol- amendment intended to be proposed by by our warfighters. lows through page 2, line 2, and insert the

VerDate Mar 15 2010 06:52 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.105 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7873 following: ‘‘SENSE OF CONGRESS ON IM- under section 144 of title 23, United States White, a national security fellow in PORTANCE OF ESTABLISHING A HOME- Code, $238,000,000, to remain available until Senator WARNER’s office, be given floor PORT FOR A NUCLEAR-POWERED AIR- expended, which shall be derived by transfer privileges during the consideration of CRAFT CARRIER AT MAYPORT NAVAL STA- from amounts made available under the the pending bill. TION, FLORIDA. heading under the heading ‘‘TITLE 17 INNOVA- The PRESIDING OFFICER. Without It is the sense of Congress that— TIVE TECHNOLOGY LOAN GUARANTEE PRO- objection, it is so ordered. (1) as mandated in the 2010 Quadrennial De- GRAM’’ under the heading ‘‘DEPARTMENT fense Review, in order to mitigate the risk of OF ENERGY, ENERGY PROGRAMS’’, so f a terrorist attack, accident, or natural dis- that the total amount available under the RECESS SUBJECT TO THE CALL OF aster, the United States Navy will homeport heading ‘‘TITLE 17 INNOVATIVE TECHNOLOGY THE CHAIR an East Coast carrier in Mayport, Florida; LOAN GUARANTEE PROGRAM’’ is $0. (2) numerous studies have affirmed what The PRESIDING OFFICER. In my the Navy has maintained all along, that dis- SA 1343. Mr. WICKER (for himself, capacity as a Senator from Con- persing our capital ships is in our best na- Mr. BOOZMAN, and Mr. INHOFE) sub- necticut, I ask unanimous consent that tional security interest; mitted an amendment intended to be the Senate stand in recess subject to (3) this decision has been supported by the proposed by him to the bill H.R. 2354, the call of the Chair. past four Chiefs of Naval Operations, and making appropriations for energy and There being no objection, the Senate, both President George W. Bush and Presi- at 2:24 p.m., recessed subject to the call dent Barack Obama; water development and related agen- (4) during this time of fiscal austerity, the cies for the fiscal year ending Sep- of the Chair and reassembled at 3:47 case for strategic dispersal has been tember 30, 2012, and for other purposes; p.m., when called to order by the Pre- strengthened by the recent Government Ac- which was ordered to lie on the table; siding Officer (Mr. LEVIN). countability Office report that states that as follows: Mr. REID. Mr. President, I thought the total one-time cost of homeporting a nu- At the end of title V, add the following: we were in a quorum call. I didn’t real- clear-powered aircraft carrier at Naval Sta- SEC. 5ll. None of the funds made avail- ize we were out of session subject to tion Mayport is expected to be between able by this Act for fiscal year 2012 may be the call of the Chair, so I thank the $258,700,000 and $356,000,000, which is well obligated or expended to implement or use Chair. below the Navy’s estimate of the one-time green building rating standards unless the f cost as $537,600,000; standards— (5) the infrastructure improvements nec- (1)(A) are developed in accordance with UNANIMOUS CONSENT AGREE- essary to ready Mayport for a carrier move rules accredited by the American National MENT—EXECUTIVE CALENDAR in 2019 are purposefully spread out over the Standards Institute; and next five years in order to mitigate the im- Mr. REID. Mr. President, I ask unan- (B) are approved as American National imous consent that on Monday, No- pact on the Navy’s budget in any given year; Standards; or and (2) incorporate and document the use of vember 28, 2011, at 5 p.m., the Senate (6) dispersing the East Coast carrier fleet is lifecycle assessment in the evaluation of proceed to executive session to con- a national security priority, and the infra- building materials. sider Calendar No. 270; that there be 30 structure improvements necessary to f minutes for debate equally divided in achieve this goal are vital to the defense of the usual form; that upon the use or our Nation. PRIVILEGES OF THE FLOOR yielding back of time, the Senate pro- Ms. AYOTTE. Mr. President, I ask ceed to vote without intervening ac- SA 1342. Mr. PAUL submitted an amendment intended to be proposed by unanimous consent that Dennis Deziel, tion or debate on Calendar No. 270; that him to the bill H.R. 2354, making ap- a defense fellow in my office, be grant- the motion to reconsider be considered made and laid upon the table, with no propriations for energy and water deed floor privileges during the consider- intervening action or debate; that any velopment and related agencies for the ation of S. 1867. related statements be printed in the fiscal year ending September 30, 2012, The ACTING PRESIDENT pro tem- RECORD; that the President of the and for other purposes; which was or- pore. Without objection, it is so or- United States be immediately notified dered to lie on the table; as follows: dered. Mr. WYDEN. Mr. President, I ask of the Senate’s action and the Senate In the matter under the heading ‘‘OPER- unanimous consent that Joel Garrison, then resume legislative session. ATION AND MAINTENANCE’’ under the heading a defense legislative fellow in our of- The PRESIDING OFFICER. Without ‘‘CORP OF ENGINEERS—CIVIL’’ under the heading ‘‘CORP OF ENGINEERS—CIVIL, DE- fice, be granted floor privileges for the objection, it is so ordered. PARTMENT OF THE ARMY’’, strike ‘‘such consideration of these amendments. f fees have been collected’’ and all that follows The ACTING PRESIDENT pro tem- EXECUTIVE SESSION through the matter under the heading ‘‘REG- pore. Without objection, it is so or- ULATORY PROGRAM’’ and insert the following: dered. such fees have been collected; Provided, That Mr. LEVIN. Mr. President, I ask EXECUTIVE CALENDAR no funds shall be made available to carry out unanimous consent that the legislative Mr. REID. Mr. President, I ask unan- a project for the dredging of small ports un- fellow in the office of Senator CONRAD, less the project complies with a tonnage re- imous consent that the Senate proceed Air Force MAJ Jason Jensen, be grant- to executive session to consider the fol- quirement of a minimum of 500,000 tons, ed the privilege of the floor for the du- which shall be calculated by each relevant lowing nominations: Calendar Nos. 436, port authority and submitted to the Corps of ration of debate on S. 1867. 445, 446, 447, 448, 449, 451, 452, 453, 454, Engineers. The PRESIDING OFFICER. Without 455, 457, 466, 467, 468, 469, 470, 471, and objection, it is so ordered. REGULATORY PROGRAM 498; that the nominations be confirmed Mr. SESSIONS. Mr. President, I ask None of the funds made available by this en bloc; that the motions to reconsider Act may be used to enforce laws pertaining unanimous consent to allow CDR Mike be considered made and laid upon the to regulation of navigable waters and wet- Moore, my defense legislative fellow, table, with no intervening action or de- lands: Provided, That $64,333,333 shall be de- floor privileges through final passage bate; that no further motions be in posited in the Harbor Maintenance Trust of S. 1867, the National Defense Au- order to any of the nominations; that Fund established by section 9505 of the Inter- thorization Act. any related statements be printed in nal Revenue Code of 1954: Provided further, The PRESIDING OFFICER. Without the RECORD; that the President be im- That $128,666,667 shall be deposited in the objection, it is so ordered. Treasury and used for Federal budget deficit mediately notified of the Senate’s ac- Mr. SESSIONS. Mr. President, I will tion and the Senate then resume legis- reduction or, if there is no Federal budget say how much I have appreciated Com- deficit, for reducing the Federal debt in such lative session. manner as the Secretary of the Treasury mander Moore’s contributions to our The PRESIDING OFFICER. Without considers appropriate. effort to preserve and protect and de- objection, it is so ordered. At the appropriate place, add the fol- fend this country, and he is going to be The nominations considered and con- lowing: returning to the full naval service be- firmed en bloc are as follows: SEC. ll. fore too much longer. It has been a SMALL BUSINESS ADMINISTRATION There is appropriated, out of any funds in great asset to have him on board. Winslow Lorenzo Sargeant, of Wisconsin, the Treasury not otherwise appropriated, for Mr. LEVIN. Mr. President, I ask to be Chief Counsel for Advocacy, Small the highway bridge program established unanimous consent that Christopher Business Administration.

VerDate Mar 15 2010 06:52 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.104 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7874 CONGRESSIONAL RECORD — SENATE November 18, 2011 THE JUDICIARY FEDERAL RETIREMENT THRIFT INVESTMENT Ms. SNOWE. Mr. President, I rise Catharine Friend Easterly, of the District BOARD today in strong support of this resolu- of Columbia, to be an Associate Judge of the David Avren Jones, of Connecticut, to be a tion, submitted with my colleagues, District of Columbia Court of Appeals for the Member of the Federal Retirement Thrift In- Senator GILLIBRAND and Senator FEIN- term of fifteen years. vestment Board for a term expiring October STEIN, which honors the life and legacy Corinne Ann Beckwith, of the District of 11, 2014. Columbia, to be an Associate Judge of the of Evelyn Lauder. District of Columbia Court of Appeals for the f Fittingly extolled by The New York Times as a ‘‘Champion of Breast Can- term of fifteen years. LEGISLATIVE SESSION DEPARTMENT OF HOMELAND SECURITY cer Research,’’ Evelyn will be long re- The PRESIDING OFFICER. The Sen- Ernest Mitchell, Jr., of California, to be membered by our Nation and indeed Administrator of the United States Fire Ad- ate will now resume legislative session. the world for her profound and lasting ministration, Federal Emergency Manage- f leadership in combating the dreaded ment Agency, Department of Homeland Se- scourge of breast cancer which Evelyn curity. REVISING THE FEDERAL CHARTER battled herself. FEDERAL RETIREMENT THRIFT INVESTMENT FOR THE BLUE STAR MOTHERS One of the great philanthropists of BOARD OF AMERICA, INC. our time or any time, Evelyn undeni- Ronald David McCray, of Texas, to be a Mr. REID. Mr. President, I ask unan- ably had the Midas touch as a superb Member of the Federal Retirement Thrift In- imous consent that the Judiciary Com- business leader and innovator during vestment Board for a term expiring Sep- mittee be discharged from further con- her more than 50 years at the Estee tember 25, 2012. Ronald David McCray, of Texas, to be a sideration of S. 1541 and that we now Lauder Companies, where she had been Member of the Federal Retirement Thrift In- proceed to its consideration. initially persuaded by her mother-investment Board for a term expiring Sep- The PRESIDING OFFICER. Without law, Mrs. Estee Lauder, to join the tember 25, 2016. objection, it is so ordered. family business. NATIONAL SCIENCE FOUNDATION The clerk will report the bill by title. And over the course of five decades, Claude M. Steele, of New York, to be a The bill clerk read as follows: Evelyn became a driving impetus be- Member of the National Science Board, Na- A bill (S. 1541) to revise the Federal char- hind some of the company’s most mon- tional Science Foundation, for a term expir- ter for the Blue Star Mothers of America, umental strides. Make no mistake, any ing May 10, 2014. Inc. to reflect a change in eligibility require- one of her myriad industry milestones Anneila I. Sargent, of California, to be a ments for membership. alone would have secured Evelyn’s Member of the National Science Board, Na- There being no objection, the Senate name in the constellation of stars in tional Science Foundation, for a term expir- cosmetics, but truly what set her apart ing May 10, 2016. proceeded to consider the bill. Mr. REID. I ask unanimous consent time and again was the Midas heart she FEDERAL RETIREMENT THRIFT INVESTMENT possessed that reached millions, espe- BOARD that the bill be read a third time and cially breast cancer survivors. Dana Katherine Bilyeu, of Nevada, to be a passed, the motion to reconsider be Member of the Federal Retirement Thrift In- laid upon the table, with no inter- Evelyn was a rare visionary who not vestment Board for a term expiring October vening action or debate, and that any only conceived tremendous endeavors, 11, 2015. statements related to this bill be print- but also possessed the will, talent, and NATIONAL CONSUMER COOPERATIVE BANK ed in the RECORD. fortitude to bring them to fruition. Cyrus Amir-Mokri, of New York, to be a The PRESIDING OFFICER. Without When the venerable Memorial Sloan- Member of the Board of Directors of the Na- objection, it is so ordered. Kettering Cancer Center lacked a tional Consumer Cooperative Bank for a The bill (S. 1541) was ordered to be breast and diagnostic center, Evelyn term of three years. engrossed for a third reading, was read undertook a fundraising campaign to FEDERAL MARITIME COMMISSION the third time, and passed, as follows: establish the Evelyn H. Lauder Breast Michael A. Khouri, of Kentucky, to be a S. 1541 Center which opened its doors in 1992 Federal Maritime Commissioner for a term Be it enacted by the Senate and House of Rep- and underwent an expansion in 2009. expiring June 30, 2016. resentatives of the United States of America in When also in 1992 Evelyn saw a gap in NATIONAL TRANSPORTATION SAFETY BOARD Congress assembled, breast cancer awareness, she and Alex- Robert L. Sumwalt III, of South Carolina, SECTION 1. MODIFICATION OF MEMBERSHIP andra Penney, then editor of SELF to be a Member of the National Transpor- TERMS. magazine, developed the now iconic tation Safety Board for a term expiring De- Section 30504 of title 36, United States and legendary Pink Ribbon Campaign cember 31, 2016. Code, is amended— which has become the universal symbol DEPARTMENT OF HOUSING AND URBAN (1) in paragraph (1)— for the battle against breast cancer. DEVELOPMENT (A) by striking the text preceding subpara- When Evelyn recognized a lack of David A. Montoya, of Texas, to be Inspec- graph (A) and inserting ‘‘she is a mother funding for breast cancer research, she (meaning a woman who filled the role of tor General, Department of Housing and founded the landmark Breast Cancer Urban Development. birthmother, adoptive mother, step-mother, foster-mother, grandmother, or legal guard- Research Foundation which under her THE JUDICIARY ian) of a person who—’’; and aegis grew from providing research John Francis McCabe, of the District of (B) in subparagraph (B), by striking ‘‘in grant awards totaling $159,000 to fund Columbia, to be an Associate Judge of the World War II or the Korean hostilities’’; and eight researchers in 1994 to remarkably Superior Court of the District of Columbia (2) in paragraph (2), by inserting ‘‘or is a awarding $36.5 million to 186 research- for the term of fifteen years. citizen of the United States living outside Peter Arno Krauthamer, of the District of ers this year. And this renowned foun- the United States’’ before the period at the dation has since become the largest na- Columbia, to be an Associate Judge of the end. Superior Court of the District of Columbia tional organization dedicated exclu- for the term of fifteen years. f sively to funding research relating to Danya Ariel Dayson, of the District of Co- the causes, treatment, and prevention lumbia, to be an Associate Judge of the Su- HONORING THE LIFE AND LEGACY OF EVELYN H. LAUDER of breast cancer. perior Court of the District of Columbia for And so, Mr. President, you can imag- the term of fifteen years. Mr. REID. Mr. President, I ask unan- ine the honor I felt upon being named COURT SERVICES AND OFFENDER SUPERVISION imous consent that the Senate proceed a Funding Hero by The Breast Cancer AGENCY FOR THE DISTRICT OF COLUMBIA to the consideration of S. Res. 335. Research Foundation along with then- Nancy Maria Ware, of the District of Co- The PRESIDING OFFICER. The lumbia, to be Director of the Court Services Senator Hillary Clinton in 2004. And it clerk will report the resolution by is only fitting that I have joined with and Offender Supervision Agency for the Dis- title. trict of Columbia for a term of six years. then-Senator Clinton’s successor, Sen- The bill clerk read as follows: DEPARTMENT OF JUSTICE ator GILLIBRAND, in paying tribute to A resolution (S. Res. 335) honoring the life Michael A. Hughes, of the District of Co- one of their legendary constituents and legacy of Evelyn H. Lauder. lumbia, to be United States Marshal for the from the Empire State. Superior Court of the District of Columbia There being no objection, the Senate Evelyn Lauder was proof positive of for the term of four years. proceeded to consider the resolution. Andrew Jackson’s tenet that ‘‘one

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.043 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE November 18, 2011 CONGRESSIONAL RECORD — SENATE S7875 man’’—or, I might add, a woman— than her own critically-acclaimed pho- Whereas in 1993, Evelyn founded The ‘‘with courage makes a majority’’ as tography. Regarding her passion for Breast Cancer Research Foundation, thereby she helped to dramatically being behind the camera, Evelyn ob- affirming her commitment to preventing destigmatize and demystify the topic served that ‘‘you can’t hold back time, breast cancer and finding a cure in this lifetime through funding some of the most inno- of breast cancer, spurring more women but you can look forward to what’s vative clinical and translation research at to seek medical attention sooner and coming next and do everything in your leading medical centers worldwide; improve their capacities to be their power to create the best possible fu- Whereas The Breast Center Research Foun- own best advocates. With unsurpassed ture.’’ dation, which to date funds 186 researchers leadership, Evelyn helped fill the so- Suffice it to say, the lens through around the world and has raised $350,000,000, called ‘‘funding gap’’ that scientists which Evelyn saw her camera’s sub- has grown to become the largest national or- too often must confront between good jects will forever be the lens through ganization dedicated exclusively to funding and bold ideas. which we will remember Evelyn, as she research relating to the causes, treatment and prevention of breast cancer; And I don’t have to tell any of my helped create the best possible future Whereas during Breast Cancer Awareness colleagues here today, that means ena- for millions of breast cancer survivors Month in October 2010, Evelyn and the Esteé bling more promising scientists with around the world. Lauder Companies’ Breast Cancer Awareness innovative scientific proposals to ac- Our thoughts and prayers remain Campaign achieved a first-ever Guinness celerate their research and findings with her beloved Leonard and their two World Record, ‘‘Most Landmarks Illumi- rather than apply for federal grants sons, William and Gary. It’s often been nated for a Cause in 24 Hours’’, by illu- alone. said that ‘‘we make a living by what minating 38 iconic landmarks, including the As I have remarked in the past, we get, but we make a life by what we Taj Mahal, the Tokyo Tower, the Hotel Ma- breast cancer doesn’t wait to strike, jestic, the Empire State Building, and Niag- give.’’ Never have the words rung more ara Falls; just as our best researchers shouldn’t true than when associated with the in- Whereas in October 2011, the Lauder family have to wait to begin the work that comparable, selfless, trailblazer for was honored with the prestigious Carnegie just might lead to the goal we all seek good, Evelyn Lauder. Medal of Philanthropy for commitment to a cure. Not only that, but with more Mr. REID. Mr. President, I ask unan- philanthropic endeavors and public service; than 90 cents of every dollar going di- imous consent that the resolution be Whereas Evelyn will be remembered for rectly to research and awareness, it agreed to, the preamble be agreed to, her vision and leadership in achieving fund- seems to me Congress would do well to the motions to reconsider be laid upon ing for promising scientific research that lead to breakthrough drugs, including emulate the Foundation’s efficiency. the table, there be no intervening ac- By increasing awareness, by funding Herceptin and Avastin, a better under- tion or debate, and any related state- standing of how tumors develop and risk fac- research, by searching tirelessly for a ments be printed in the RECORD. tors for recurrence, and an improved quality cure, Evelyn Lauder was a vital, public The PRESIDING OFFICER. Without of life for breast cancer survivors; service catalyst in this battle against objection, it is so ordered. Whereas her work continues to help prom- breast cancer. Undoubtedly, Evelyn The resolution (S. Res. 335) was ising scientists who have equally promising, was not just a difference-maker in this agreed to. imaginative, and innovative proposals get fight, but the consummate, indispen- The preamble was agreed to. research off the ground; Whereas there is no doubt that we must sable game-changer as well. The resolution, with its preamble, Surely, integral to Evelyn’s long cav- find a cure, and research is instrumental to reads as follows: achieving this goal; alcade of achievements will be our con- S. RES. 335 Whereas this year, nearly 40,000 women of tinuous drive to make breast cancer Whereas with the passing of Evelyn H. the United States are expected to die of history to move the needle where 1 in Lauder, the world has lost an energetic and breast cancer; and 8 women will be diagnosed with breast dedicated friend and ally who catapulted to Whereas we must keep up the battle and cancer at some point in their lifetime the world stage the quest to prevent and cure recruit more heroes like Evelyn if we are to to eradicating this disease for all time. breast cancer in this lifetime; achieve ‘‘prevention and a cure in our life- As someone who battled breast cancer Whereas Evelyn was born Evelyn Hausner time’’: Now, therefore, be it herself, Evelyn understood better than on August 12, 1936, in Vienna, Austria; Resolved, That the Senate— Whereas in 1940, the Hausner family fled (1) mourns the loss of Evelyn H. Lauder; anyone the urgency of waging a full at- (2) honors the life and accomplishments of tack that was both relentless and com- Nazi-occupied Austria, eventually settling in the State of New York, where Eveyln was a Evelyn H. Lauder, a world renowned advo- prehensive. proud product of the New York City public cate for breast cancer awareness and health Indeed, Evelyn through her founda- school system and met her future husband of of women; and tion was crucial in contributing dollars more than half a century, Leonard Lauder; (3) offers the deepest condolences to the be- to the development of targeted thera- Whereas Evelyn and Leonard wed in July loved husband, Leonard, sons, William and pies, such as Herceptin. As a longtime, 1959; Gary, and 5 grandchildren of Evelyn H. vigorous advocate of the DOD Breast Whereas, Evelyn joined the family cos- Lauder. Cancer Research Program, which also metic company, Esteé Lauder, handling f contributed funding into the early re- many roles in the early years and later becoming Senior Corporate Vice President and PERMITTING COLLECTION IN search behind Herceptin, I recognize Head of Fragrance Development Worldwide; SENATE BUILDINGS how essential it is to have strong part- Whereas Evelyn helped bring global aware- ners like Evelyn complementing and ness to breast cancer after being diagnosed Mr. REID. Mr. President, I ask unan- amplifying our efforts in Congress. with early stages of the disease in 1987; imous consent that the Senate proceed Finally, no discussion about Evelyn Whereas in 1989, Evelyn initiated the fund- to the consideration of S. Res. 336. Lauder is remotely complete without raising drive to establish the Evelyn H. The PRESIDING OFFICER. The paying tribute to the love of her life for Lauder Breast Cancer Center at Memorial clerk will report the resolution by well more than half a century, her in- Sloan-Kettering Cancer Center in New York title. credible husband Leonard Lauder, City, which opened in 1992 and quickly be- The bill clerk read as follows: came the model for similar breast cancer di- Chairman Emeritus of the Estee agnostic centers around the world; A resolution (S. Res. 336) to permit the col- Lauder Companies. Theirs was indeed a Whereas the expanded Evelyn H. Lauder lection of clothing, toys, food, and partnership in every sense of the word Breast Cancer Center opened in 2009 and pro- housewares during the holiday season for their mutual regard and respect for one vides the most up-to-date breast cancer pre- charitable purposes in Senate buildings. another could not have been greater, vention, diagnosis, and outpatient treatment There being no objection, the Senate and the joy they took in being in each services under 1 roof; proceeded to consider the resolution. other’s company could not have been Whereas in 1992, Evelyn worked with long- Mr. REID. Mr. President, I ask unan- more evident. Each was instrumental time friend Alexandra Penney, former edi- imous consent that the resolution be tor-in-chief of SELF magazine, to create the agreed to, the motion to reconsider be to the success and trajectory of the Pink Ribbon Campaign for breast cancer; other. Whereas Evelyn launched the Esteé Lauder laid upon the table, there be no inter- Evelyn’s legacy was perhaps best Companies’ Breast Cancer Awareness Cam- vening action or debate, and any state- crystallized in her response to an inter- paign, which has distributed more than ments relating to this matter be print- viewer’s question about none other 115,000,000 pink ribbons worldwide; ed in the RECORD.

VerDate Mar 15 2010 05:47 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.027 S18NOPT1 rfrederick on DSK5TPTVN1PROD with SENATE S7876 CONGRESSIONAL RECORD — SENATE November 18, 2011 The PRESIDING OFFICER. Without ther, that on all of the listed nomina- the Senate stand adjourned under the objection, it is so ordered. tions, the motions to reconsider be previous order. The resolution (S. Res. 336) was considered made and laid upon the There being no objection, the Senate, agreed to, as follows: table, with no intervening action or de- at 3:54 p.m., adjourned until Tuesday, S. RES. 336 bate; that no further motions be in November 22, 2011, at 11 a.m. Resolved, order to the nominations; that any f statements related to the nominations SECTION 1. COLLECTION OF CLOTHING, TOYS, NOMINATIONS FOOD, AND HOUSEWARES DURING be printed in the RECORD; that the THE HOLIDAY SEASON FOR CHARI- President be immediately notified of Executive nominations received by TABLE PURPOSES IN SENATE BUILD- the Senate’s action and the Senate the Senate: INGS. DEPARTMENT OF HOMELAND SECURITY (a) IN GENERAL.—Notwithstanding any then resume legislative session. other provision of the rules or regulations of The PRESIDING OFFICER. Without MARGARET ANN SHERRY, OF VIRGINIA, TO BE CHIEF objection, it is so ordered. FINANCIAL OFFICER, DEPARTMENT OF HOMELAND SECU- the Senate— RITY, VICE DAVID L. NORQUIST, RESIGNED. (1) a Senator, officer of the Senate, or em- f NATIONAL COUNCIL ON DISABILITY ployee of the Senate may collect from another Senator, officer of the Senate, or em- ORDERS FOR TUESDAY, NOVEM- SARA A. GELSER, OF OREGON, TO BE A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- ployee of the Senate within Senate buildings BER 22, 2011, THROUGH MONDAY, ING SEPTEMBER 17, 2014. (REAPPOINTMENT) nonmonetary donations of clothing, toys, NOVEMBER 28, 2011 food, and housewares for charitable purposes f related to serving persons in need or mem- Mr. REID. Mr. President, I ask unan- CONFIRMATIONS bers of the Armed Services and the families imous consent that when the Senate of those members during the holiday season, completes its business today, it ad- Executive nominations confirmed by if the charitable purposes do not otherwise journ until 11 a.m., on Tuesday, No- the Senate November 18, 2011: violate any rule or regulation of the Senate vember 22, 2011, for a pro forma session SMALL BUSINESS ADMINISTRATION or of Federal law; and only, with no business conducted; that WINSLOW LORENZO SARGEANT, OF WISCONSIN, TO BE (2) a Senator, officer of the Senate, or em- CHIEF COUNSEL FOR ADVOCACY, SMALL BUSINESS AD- ployee of the Senate may work with a non- following the pro forma session, the MINISTRATION. profit organization with respect to the deliv- Senate adjourn until 10:30 a.m., on Fri- THE JUDICIARY day, November 25, 2011, for a pro forma ery of donations described under paragraph CATHARINE FRIEND EASTERLY, OF THE DISTRICT OF (1). session only, with no business con- COLUMBIA, TO BE AN ASSOCIATE JUDGE OF THE DIS- (b) EXPIRATION.—The authority provided ducted; that following the pro forma TRICT OF COLUMBIA COURT OF APPEALS FOR THE TERM OF FIFTEEN YEARS. by this resolution shall expire at the end of session, the Senate adjourn until 1 CORINNE ANN BECKWITH, OF THE DISTRICT OF COLUM- the first session of the 112th Congress. p.m., on Monday, November 28, 2011; BIA, TO BE AN ASSOCIATE JUDGE OF THE DISTRICT OF COLUMBIA COURT OF APPEALS FOR THE TERM OF FIF- f that following the prayer and pledge, TEEN YEARS. the Journal of proceedings be approved APPOINTMENTS AUTHORITY DEPARTMENT OF HOMELAND SECURITY to date, the morning hour be deemed ERNEST MITCHELL, JR., OF CALIFORNIA, TO BE ADMIN- Mr. REID. Mr. President, I ask unan- expired, and the time for the two lead- ISTRATOR OF THE UNITED STATES FIRE ADMINISTRA- imous consent that notwithstanding TION, FEDERAL EMERGENCY MANAGEMENT AGENCY, DE- ers be reserved for their use later in PARTMENT OF HOMELAND SECURITY. the upcoming recess or adjournment of the day; that following any leader re- FEDERAL RETIREMENT THRIFT INVESTMENT the Senate, the President of the Sen- marks, the Senate resume consider- BOARD ate, the President pro tempore, and the ation of S. 1867, the Department of De- RONALD DAVID MCCRAY, OF TEXAS, TO BE A MEMBER majority and minority leaders be au- fense bill, and that at 5 p.m. the Senate OF THE FEDERAL RETIREMENT THRIFT INVESTMENT thorized to make appointments to com- proceed to executive session, as indi- BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2012. RONALD DAVID MCCRAY, OF TEXAS, TO BE A MEMBER missions, committees, boards, con- cated under the previous order. OF THE FEDERAL RETIREMENT THRIFT INVESTMENT ferences, or interparliamentary con- The PRESIDING OFFICER. Without BOARD FOR A TERM EXPIRING SEPTEMBER 25, 2016. ferences authorized by law, by concur- objection, it is so ordered. NATIONAL SCIENCE FOUNDATION rent action of the two Houses or by f CLAUDE M. STEELE, OF NEW YORK, TO BE A MEMBER order of the Senate. OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. The PRESIDING OFFICER. Without PROGRAM ANNEILA I. SARGENT, OF CALIFORNIA, TO BE A MEM- objection, it is so ordered. BER OF THE NATIONAL SCIENCE BOARD, NATIONAL Mr. REID. The next rollcall vote will SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, f be Monday, November 28, at about 5:30 2016. p.m., on confirmation of the Droney FEDERAL RETIREMENT THRIFT INVESTMENT SIGNING AUTHORITY nomination. Additional votes on DOD BOARD Mr. REID. Mr. President, I ask unan- authorization amendments are possible DANA KATHERINE BILYEU, OF NEVADA, TO BE A MEM- BER OF THE FEDERAL RETIREMENT THRIFT INVEST- imous consent that from Friday, No- Monday evening, and everyone should MENT BOARD FOR A TERM EXPIRING OCTOBER 11, 2015. vember 18, through Monday, November be aware of that. Senators LEVIN and NATIONAL CONSUMER COOPERATIVE BANK 28, the majority leader be authorized to MCCAIN want to move as many amend- CYRUS AMIR—MOKRI, OF NEW YORK, TO BE A MEMBER sign duly enrolled bills or joint resolu- ments as they can, and so we will try OF THE BOARD OF DIRECTORS OF THE NATIONAL CON- tions. to schedule some more amendments SUMER COOPERATIVE BANK FOR A TERM OF THREE YEARS. The PRESIDING OFFICER. Without that evening to be voted on. objection, it is so ordered. I would also indicate, we have FEDERAL MARITIME COMMISSION worked long and hard today to try to MICHAEL A. KHOURI, OF KENTUCKY, TO BE A FEDERAL f MARITIME COMMISSIONER FOR A TERM EXPIRING JUNE have a consent agreement on amend- 30, 2016. UNANIMOUS CONSENT AGREE- ments to go to the Energy and Water NATIONAL TRANSPORTATION SAFETY BOARD MENT—EXECUTIVE CALENDAR appropriations bill. Senators FEINSTEIN ROBERT L. SUMWALT III, OF SOUTH CAROLINA, TO BE A Mr. REID. Mr. President, I ask unan- and ALEXANDER have worked very hard. MEMBER OF THE NATIONAL TRANSPORTATION SAFETY BOARD FOR A TERM EXPIRING DECEMBER 31, 2016. imous consent that at a time to be de- At this stage, we just can’t do it. I am sorry we didn’t try to do it yesterday DEPARTMENT OF HOUSING AND URBAN termined by the majority leader, after DEVELOPMENT consultation with the Republican lead- because yesterday’s issues were easier DAVID A. MONTOYA, OF TEXAS, TO BE INSPECTOR GEN- er, but not prior to December 5, 2011, than those today. Twenty-four hours ERAL, DEPARTMENT OF HOUSING AND URBAN DEVELOP- the Senate proceed to executive session has not helped, but we will continue to MENT. to consider the following nominations: work on that. THE JUDICIARY Calendar Nos. 363, 364, 365, and 406; f JOHN FRANCIS MCCABE, OF THE DISTRICT OF COLUM- there be a total of 1 hour for debate, BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR ADJOURNMENT UNTIL TUESDAY, COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM equally divided in the usual form; that OF FIFTEEN YEARS. upon the use or yielding back of time, NOVEMBER 22, 2011, AT 11 A.M. PETER ARNO KRAUTHAMER, OF THE DISTRICT OF CO- LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR the Senate proceed to vote with no in- Mr. REID. Mr. President, if there is COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM tervening action or debate on the no further business to come before the OF FIFTEEN YEARS. DANYA ARIEL DAYSON, OF THE DISTRICT OF COLUM- nominations in the order listed; fur- Senate, I ask unanimous consent that BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR

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COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM FENDER SUPERVISION AGENCY FOR THE DISTRICT OF FEDERAL RETIREMENT THRIFT INVESTMENT OF FIFTEEN YEARS. COLUMBIA FOR A TERM OF SIX YEARS. BOARD DEPARTMENT OF JUSTICE COURT SERVICES AND OFFENDER SUPERVISION DAVID AVREN JONES, OF CONNECTICUT, TO BE A MEM- AGENCY FOR THE DISTRICT OF COLUMBIA MICHAEL A. HUGHES, OF THE DISTRICT OF COLUMBIA, BER OF THE FEDERAL RETIREMENT THRIFT INVEST- TO BE UNITED STATES MARSHAL FOR THE SUPERIOR MENT BOARD FOR A TERM EXPIRING OCTOBER 11, 2014. NANCY MARIA WARE, OF THE DISTRICT OF COLUMBIA, COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM TO BE DIRECTOR OF THE COURT SERVICES AND OF- OF FOUR YEARS.

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NATIONAL RIGHT-TO-CARRY taught Genetics and Biology until retiring in FDA has a self-imposed deadline of Decem- RECIPROCITY ACT OF 2011 1995. ber 1st to issue this draft guidance and it is Dr. Kennedy is a veteran of the United my sincere hope that they will not only meet SPEECH OF States Marine Corps. His career in education this goal, but will give full credence to clinical HON. RON KIND and in the military afforded him the opportunity expert recommendations so as to assure that OF WISCONSIN to conduct research in over 48 different coun- this life-saving technology can safely and IN THE HOUSE OF REPRESENTATIVES tries, including making 27 separate trips to quickly be put in the hands of the people who Korea where he first visited while serving in need it. Wednesday, November 16, 2011 the Marines in 1951. The House in Committee of the Whole Dr. Kennedy reflected upon his time in the f House on the state of the Union had under military, including his participation in the battle consideration the bill (H.R. 822) to amend of Chosin Reservoir, stating that it ‘‘defined EXPRESSING SUPPORT FOR LEGIS- title 18, United States Code, to provide a na- [him] as the person [he is] today.’’ LATIVE EFFORTS TO COMBAT tional standard in accordance with which BULLYING IN SCHOOLS nonresidents of a State may carry concealed After his service, Dr. Kennedy attended But- firearms in the State: ler University where he played football, earned his bachelor’s degree, and started a family. Mr. KIND. Mr. Chair, I rise today in strong HON. JAY INSLEE Dr. Kennedy is a shining example of the OF WASHINGTON support of the National Right-to-Carry Reci- honor and devotion that so many of our uni- procity Act, H.R. 822. Not only am I a proud IN THE HOUSE OF REPRESENTATIVES formed servicemen and women exemplify. cosponsor of this legislation but I am also a Friday, November 18, 2011 Mr. Speaker, it is an honor to recognize Dr. firm and committed supporter of Second Manert Kennedy. His love for his country and Mr. INSLEE. Mr. Speaker, a fundamental Amendment rights. This legislation will ensure sense of duty and responsibility is something principle of our nation’s education system is further protection of this vital right by allowing we should all strive to replicate. that all schools should provide students with a law abiding citizens to carry concealed weap- f safe environment that allows them to learn ons across state lines. without fear of harassment or discrimination. On November 1st of this year, Wisconsin SUPPORT FOR THE ARTIFICIAL Unfortunately, we are not doing nearly a good became the 49th state to implement a con- PANCREAS enough job to provide this type of environment cealed carry law. The first day the law went for our children, as far too many students go into effect, the Wisconsin State Department of HON. PATRICK J. TIBERI to school every day facing anti-LGBT bullying Justice website had 400,000 hits and resi- and discrimination. Allowing this sort of atmos- dents had downloaded 83,000 applications. It OF OHIO IN THE HOUSE OF REPRESENTATIVES phere to exist anywhere is unconscionable is clear that Wisconsinites were eager to take and wrong. advantage of this new law. Given the strong Friday, November 18, 2011 Over the last fifty years, the federal govern- interest this law has garnered in my state and Mr. TIBERI. Mr. Speaker, I rise today to ex- ment has taken action to require that all in other states throughout the country, I be- press my strong support for advancement of schools receiving federal funds prohibit dis- lieve that it is only logical to extend this right the artificial pancreas, a transformative med- crimination on the basis of race, color, national across state lines. ical technology under consideration at the origin, gender, disability, and age. These laws The bill allows law-abiding gun owners with Food and Drug Administration that would help are now in desperate need of updating, in valid state-issued concealed firearm permits or millions of Americans who suffer from diabe- order to expressly protect students from dis- licenses to carry a concealed firearm in any tes. crimination and harassment on the basis of other state that also allows concealed carry. In In my home state of Ohio, approximately sexual orientation and gender identity. This all actuality, with all but one state allowing 900,000 people have diabetes—nearly 10 per- gap has left students and guardians with lim- concealed carry, this legislation doesn’t break cent of the state’s population. This unforgiving ited legal recourse in case of discrimination that much new ground. In fact, for the majority disease is not only the leading cause of kid- and harassment, and the federal government of states that have had concealed carry laws ney failure and adult-onset blindness, it also currently faces a dearth of information on how on the books for some time now; they have causes more than 80,000 amputations each deep the problem runs. As a result, I am add- been recognizing permits from other states for year and increases the chance of suffering a ing my name as a cosponsor to H.R. 998 and years. As can be the case, the state by state heart attack. H.R. 1648 to help address these issues. While approach has caused confusion. This legisla- The toll of diabetes is not limited to health. this law would place additional reporting re- tion will eliminate any uncertainty by putting in Americans spend $174 billion each year in di- quirements on cash-strapped school districts, I place simple and concise federal policy. hope the federal government can work with This is a widely supported bill with 245 bi- abetes-related treatments, with a significant states to share in this burden. partisan House cosponsors. Given the strong portion of that figure going toward addressing Studies have shown just how detrimental an support here in Congress and the increased long-term complications. With millions of lives impact this type of treatment can have on interest in states throughout the country, it is at stake and billions of dollars being spent, LGBT youth. Among the many potential con- my hope that the Senate will follow our lead this is a disease that demands our attention sequences of anti-LGBT bullying are in- and pass this legislation. It would be a great and we must strive to find better treatments creased absenteeism, academic under- victory to have this become law this year. for it until a cure is found. The artificial pancreas is one such tech- achievement, and serious health con- f nology that automatically adjusts blood sugar sequences. The need for this legislative DR. MANERT KENNEDY TRIBUTE levels for people with type 1 diabetes. With change has only been made more acute re- this technology, people will see optimal blood cently, as we have seen far too many tragic HON. SCOTT R. TIPTON sugar control and as a result, significant re- deaths arise from the terrors of bullying in OF COLORADO ductions in complications associated with type schools. I refuse to stand by and let any more suicides occur among students who were not IN THE HOUSE OF REPRESENTATIVES 1 diabetes. Furthermore, an independent study has projected that Medicare will save $2 sufficiently protected from harassment at Friday, November 18, 2011 billion over 25 years once this technology is fi- school. Mr. TIPTON. Mr. Speaker, I rise today to nally available to the diabetes community. While these bills address discriminatory ac- honor Marine Corps Veteran Dr. Manert Ken- Currently, this technology is awaiting draft tivities occurring on school grounds, we must nedy. Dr. Kennedy was a professor at Adams guidance from the Food and Drug Administra- also encourage parents in every state to pro- State College and CU Boulder, where he tion as to how clinical trials can proceed. The vide safe, healthy environments at home. This

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

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.001 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E2094 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2011 is particularly important as we continue to see On December 7, 1991, Jeff married Denise who have made outstanding contributions to a steep rise in cyber bullying, which can fur- Louise Sabol of my hometown of Levittown. the education of K–12 students. ther isolate youth in desperate need of an Jeff and Denise have three children, Gabrielle, Fowler is a teacher of mathematics and ge- open and honest environment. I look forward Andreana, and Jeffrey Jr. Beyond his career in ometry at Evans High School in Orlando, Flor- to working with my colleagues to modernize baseball, Jeff continues to be involved in var- ida. A native of Winter Park, Fowler graduated our federal laws to recognize this serious and ious community activities in our area, including from Winter Park High School and the Univer- growing problem as well. scouting, coaching, and helping out at the sity of Florida. In only his second year at f Learning Center in Bristol. Accordingly, for his Evans High, Fowler has demonstrated a com- outstanding athletic, civic, and charitable con- mitment to educating and mentoring, request- A TRIBUTE TO JEFF MANTO AND tributions, Jeff Manto is being honored today. THE 21ST CENTURY LEARNING ing the most challenging students be assigned At the Bristol Borough 21st Century Com- to his classroom. CENTER IN BRISTOL BOROUGH munity Learning Center, children have the opportunity to enrich their lives. Programs and Fowler emphasizes the importance of edu- HON. MICHAEL G. FITZPATRICK services provided at the Learning Center, cation in student lives and believes nothing provides his students with greater opportunity OF PENNSYLVANIA which are free and available to Borough resi- in life than a good education. He has been IN THE HOUSE OF REPRESENTATIVES dents in grades 6 through 12, include access praised by Evans High School Principal David Friday, November 18, 2011 to tutoring, academic, and cultural enrichment activities. Some of those activities include SAT Christiansen for reaching students previously Mr. FITZPATRICK. Mr. Speaker, I rise today Prep help, Hip Hop studies, sports, and com- considered ‘‘unreachable.’’ to honor Mr. Jeffrey Paul Manto, former Major munity service projects. These programs pro- Fowler was awarded the Milken Educator League Baseball player and longtime resident vide opportunities for students to grow socially Award for the dramatic improvement his stu- of Bristol, Pennsylvania. This Saturday, Jeff and emotionally and help them stay away from dents made on state and local tests and for will be honored by the 21st Century Learning high-risk activities. Over 200 students at- the efficiency and industriousness of his model Center in Bristol Borough as ‘‘Person of the tended programs and services in 2010–2011, classroom, where Fowler encourages peer Year,’’ for his community support and involve- and an independent report authored by the collaboration and works to help his students ment with the center’s After School Steering Bucks County Intermediate Unit that docu- achieve confidence-building accomplishments, Committee. ments students’ achievement gains substan- no matter how small. Fowler is the only 2011 Mr. Manto was born at Lower Bucks Hos- tiates the level of satisfaction with the Learn- Milken Educator Award recipient in Florida. pital in Bristol, Pennsylvania on August 23, ing Center expressed by teachers and par- On behalf of the citizens of Florida’s 8th 1964. Jeff was the third of four children of Mi- ents. chael and Antoinette ‘‘Toni’’ Manto. His father Congressional District, I congratulate Mr. Thank you once again to Jeff Manto and the Fowler for his hard work, dedication, and lead- was a Magisterial District Judge in Bristol Bor- Bristol Borough 21st Century Community ough and his mother was a homemaker. Mike ership. He is most deserving of the 2011 Learning Center for all that you do for our Milken Educator Award. I hope his investment and Toni encouraged all of their children to community. Thank you for your hard work, excel in every arena in which they partici- in Florida’s students and Florida’s future in- dedication, and devotion to bettering Bucks spires others to follow in his footsteps. pated. This encouragement was the guiding County. It is my pleasure to speak on your be- force that helped Jeff develop his baseball half today, and I am truly honored to serve f acumen, which was the predominant sport you in Congress. played on the streets in his closely knit neigh- f CONGRATULATING THE ACADEMY borhood, called the ‘‘Avenues.’’ At Bristol High OF MODEL AERONAUTICS School, Jeff was a star athlete. He was the PERSONAL EXPLANATION first student-athlete in Bucks County to pass for 1,000 yards in football and score 1,000 HON. RON KIND HON. MIKE PENCE points in basketball in the same year. Often OF WISCONSIN overlooked, Jeff also struck out nearly 100 hit- OF INDIANA IN THE HOUSE OF REPRESENTATIVES ters during the baseball season that year. IN THE HOUSE OF REPRESENTATIVES In 1982, Jeff Manto was selected to All Friday, November 18, 2011 Friday, November 18, 2011 League and All-County first teams in football, Mr. KIND. Mr. Speaker, I was unable to basketball and baseball. He was subsequently record my vote on the House floor for the Mr. PENCE. Mr. Speaker, I rise to congratu- spotted by a scout and drafted by the New McCarthy of New York Amendment No. 2 to late the Academy of Model Aeronautics lo- York Yankees, but instead chose to accept a H.R. 822 on Wednesday, November 16, 2011. cated in Muncie, Indiana, for their receipt of baseball scholarship to Temple University after I was in a meeting with U.S. Secretary of the prestigious National Aeronautic Associa- considering other colleges with equal or better Transportation Ray LaHood, U.S. Secretary of tion’s Brewer Trophy for youth education. The offers to play either football or basketball. His the Interior Ken Salazar, and others dis- Brewer Trophy is the nation’s highest award passion was the game of baseball. At Temple, cussing how to move forward with the St. for aerospace education and is awarded annu- Jeff set the single season record for homeruns Croix River Crossing Project, a transportation ally to individuals or organizations who make and still holds the all-time batting average of project of critical importance to western Wis- significant contributions to aerospace edu- .441. consin. Had I been present, I would have cation in the United States. After three years playing Temple baseball, voted against the McCarthy Amendment No. 2 The Academy of Model Aeronautics has a Jeff was drafted in 1985 by the California An- to H.R. 822 (Roll No. 844). 75-year history of aviation education, and they gels. By 1990, Manto was a dominant player f in the game. He made his Major League debut have impacted millions of young people with the Cleveland Indians and later that year CONGRATULATING CECILIO LAMAR across the country. They have taught tens of hit his first professional major league home- FOWLER, RECIPIENT OF THE 2011 thousands of teachers, community leaders, run, in front of dozens of family members and MILKEN EDUCATOR AWARD and students how to build and fly miniature friends, at Yankee Stadium. By the end of his aircraft. In addition to their educational pro- professional baseball career, Jeff played in HON. DANIEL WEBSTER grams, the Academy of Model Aeronautics has given nearly $800,000 in scholarships to three World Series on three different teams: OF FLORIDA college-bound seniors pursuing careers almost the Philadelphia Phillies, the Cleveland Indi- IN THE HOUSE OF REPRESENTATIVES ans, and the New York Yankees. exclusively in engineering, technical, and pro- Jeff retired from playing professional base- Friday, November 18, 2011 fessional disciplines. The Academy is also ball in 2000 and is known today as one of the Mr. WEBSTER. Mr. Speaker, I am pleased strongly invested in science, technology, engi- game’s greatest all-around utility players, rec- to congratulate Cecilio Lamar Fowler upon re- neering, and math education programs. ognized for his power hitting and homerun ceiving the 2011 Milken Educator Award. I commend the Academy of Model Aero- swings. Often referred to as ‘‘Mickey Manto,’’ Predicated on the maxim ‘‘The future belongs nautics for their receipt of the prestigious Jeff is the only player from the area with his to the educated,’’ the Milken Educator Awards Brewery Trophy and thank them for their nu- bat on display at the National Baseball Hall of have recognized over the last 25 years more merous contributions to the Muncie commu- Fame in Cooperstown, New York. than 2,500 teachers, principals, and specialists nity, the State of Indiana, and the nation.

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K18NO8.003 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 18, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2095 LIBERIA’S PRESIDENTIAL toward social stability and economic pros- Rialto’s 100th Birthday. Rialto has a long, rich ELECTIONS perity. history, and has grown into a city that is home f to over 100,000 people. I have been fortunate HON. JESSE L. JACKSON, JR. TRIBUTE TO THE MEMORY OF MR. enough to raise my family in Rialto. I am OF ILLINOIS BENJAMIN HICKMANN WRIGHT SR. proud to live in this city, represent these peo- IN THE HOUSE OF REPRESENTATIVES ple, and join them in celebrating this momen- Friday, November 18, 2011 HON. DONALD M. PAYNE tous event. Mr. JACKSON of Illinois. Mr. Speaker, I rise OF NEW JERSEY Ancient artifacts and traces of a village indi- today to congratulate Liberia on the comple- IN THE HOUSE OF REPRESENTATIVES cate that Native Americans inhabited this area tion of its second peaceful and democratic Friday, November 18, 2011 between 1500 AD and 1800 AD. What hap- election. On November 15th, Liberia’s National Mr. PAYNE. Mr. Speaker, I rise today to pened to these people and settlements still re- Elections Commission certified President Ellen honor the memory of Mr. Benjamin Hickman mains a mystery. In 1769, the King of Spain Johnson Sirleaf of the Unity Party as the Wright, Senior who passed away on April 12, awarded areas of Rialto as land grants to President of the Republic of Liberia. The No- 2011. His beloved family is holding a memorial Spanish Dons. Following the cession of Cali- vember 15 declaration followed a Presidential service on November 23, 2011. Throughout fornia to the United States, Mormons became run-off election on November 8, which was re- his lifetime, Mr. Wright exemplified the highest the next wave of settlers in the San quired by the Liberian Constitution as no can- traits of fidelity to his country and family in a Bernardino valley. By 1854 some of these didate received a majority of votes in the first manner truly deserving of this great honor. Mr. early pioneers settled in Rialto, constructing round held on October 11. Wright was an individual who came from a lin- ranches and farms in their wake. This period I was encouraged by reports that the Libe- eage that strove for excellence in all facets of gave birth to the international distribution of rian election process was deemed free, fair their work. Over a lifetime of achievement and Muscat Grapes and the building of the oldest and transparent by some 4,800 domestic and service to others, Mr. Wright embodied the structure in Rialto. international observers. The role that the Afri- ideals of hard work and dedication to his com- The Semi Tropic Land and Water Company can Union (AU), the Economic Community of munity, which is the bedrock of American val- West African States, ECOWAS, the Carter purchased 25,000 acres of land in 1887. The ues. company helped develop and christen the Center and other institutions played was cru- Mr. Wright was an individual who realized town site. Hattie Merrill, daughter of the former cial in providing additional confidence in the significant achievements throughout his life. process. I applaud the UN Mission in Liberia This can be traced back to his family who at- Governor of Iowa, Samuel Merrill, named the for providing a safe and secure environment in tained advanced degrees in the early twentieth town site after the Rialto Bridge in Venice, which voters were able to cast their ballots century. In fact Mr. Wright’s grandfather and Italy. Within the same year, a railroad con- without incident on both October 11 and No- great uncle were the first African American nector line was constructed in Rialto. Towns vember 8. Furthermore, I applaud the Liberian physicians in Ohio. Mr. Wright’s father was a were located every 2,600 yards along the line, people on demonstrating their commitment to top ranking life insurance salesman who also connecting Rialto to towns from San peace and democracy. gave back to his community by teaching Bernardino to Pasadena. That year alone over I congratulate President Johnson Sirleaf and sharecroppers how to read, write and cal- 25 new towns were built. During the same the newly elected members of the National culate the price of their produce and goods. year, a group of Methodists settled in Rialto. Legislature, and I hope that they will work to- After receiving a stellar education, Mr. Wright They originally came to build a college, but gether to continue along the path to progress, served in the armed forces during World War soon began to grow citrus in the beautiful cli- peace, and prosperity that Liberia has already II in the European Theater as a First Class mate of Rialto. Their farms quickly expanded taken. At the same time, I express my deep Petty Officer of the United States Navy. He to acres of citrus groves. In 1888, the Brooke regret over the decision of the Congress for was recently honored for his service with an School was built to educate the growing popu- Democratic Change, CDC, to boycott the run- Armed Forces Citation signed by President lation. Many credit this group of Methodists for off election based upon unproven allegations Obama. developing the Town of Rialto. that the election process was fraudulent. I From one generation to the next, it is evi- By the late 1800s, Rialto became home to concur in the sentiments expressed by dent that the Wright family has attained signifi- a blacksmith, lumber yard, and a cement pipe ECOWAS, the AU and the Carter Center that cant accomplishments and remained com- manufacturing company. The first citrus asso- the CDC boycott deprived the people of Libe- mitted to excellence in their work. Mr. Wright ciation was established, and the first citrus ria of a dynamic vote in the runoff and created maintained and advanced this work through packing house was built. Rialto’s reputation for a climate of intimidation and fear in the coun- his many accomplishments including his serv- beautiful homes with shaded drives began to try. ice in the military followed by his service as an grow, and so did the population. In 1891, the I was saddened by the violent protest that Economic Advisor in Monrovia, Liberia. Mr. Rialto School District was formed, and in 1907 erupted on November 7, the eve of Liberia’s Wright would go on to become a business the Chamber of Commerce was established. runoff election, and I mourn the lives lost on owner and an employee in several fortune 500 Over the next four years, the population grew that day, which will remain a shadow cast over companies. By the 1980’s he founded a na- to the point that the town supported 40 busi- an otherwise peaceful and democratic proc- tionwide coalition of civic and fraternal asso- nesses and a newspaper. In 1911, Rialto was ess. I’m pleased by President Johnson ciations that served to empower and up lift officially incorporated as a City. Sirleaf’s efforts to set up an independent com- others. mission to investigate the incident and bring His commitment to serving his community For many years thereafter, the City of Rialto those responsible to justice. I firmly believe and country and his accomplishments bene- continued to grow, shipping citrus to every that reconciliation is essential to create a fited and enhanced the lives of many citizens area in the country. Today those train tracks sense of national unity and purpose, and I call over several decades. His memory and work still run through the City, but are used on a upon all political party leaders and their sup- will be remembered by a grateful nation and I much smaller scale—the area has matured porters to recognize the certified results of the am pleased to add my voice as his family and modernized. Throughout these changes, Presidential and Legislative contests. celebrates his legacy. Rialto remains a great place to raise a family. The United States will hold accountable any f My children grew up attending school and and all political leaders and their supporters playing sports in the area. I am honored to seeking to undermine Liberia’s peace and de- TRIBUTE TO THE CITY OF RIAL- have had the opportunity to serve this commu- mocracy by all means available, including the TO’S CENTENNIAL CELEBRATION nity both at the local and national level. My possible use of multilateral and bilateral sanc- son, Joe Baca, Jr. still lives in Rialto and has tions. HON. JOE BACA the opportunity to serve our community as a It is now more important than ever that the OF CALIFORNIA City Council Member. On behalf of my wife, United States continue to work with Liberia’s IN THE HOUSE OF REPRESENTATIVES Barbara, and my children, Councilman Joe elected leaders and stand by the Liberian peo- Friday, November 18, 2011 Baca Jr., Jeremy, Natalie, and Jennifer, we ple as they move to complete their journey Mr. BACA. Mr. Speaker, I rise today to ask would like to join our neighbors in celebrating into post-conflict success, and sustain the path Congress to join me in celebrating the City of Rialto’s 100th birthday.

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K18NO8.008 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E2096 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2011 HONORING NATIONAL ADOPTION state of Colorado raising over $32,000 for the to honor the Family Alliance for Veterans of DAY program. This program helps under-privileged America for supporting our veterans in such a children from all over the world get much tangible and meaningful way. Thank you. HON. TOM MARINO needed eye exams and medications. Last De- OF PENNSYLVANIA cember, the Noon Lions raised over $3,000 in f IN THE HOUSE OF REPRESENTATIVES a ‘‘Cash for Christmas’’ raffle in order to pay for appointments and surgery for a young girl IN CELEBRATION OF THE 100TH Friday, November 18, 2011 with Amblyopic eye condition and a man with ANNIVERSARY OF THE LUKENS Mr. MARINO. Mr. Speaker, as a parent of cataracts. BAND two wonderful adopted children and a co- The Can˜on City Noon Lions are dedicated chairman of the newly established bi-partisan to serving their community and the wider HON. JIM GERLACH Congressional Caucus on Foster Care, I rise world. Ever since they started in the basement OF PENNSYLVANIA today in recognition of the 12th Annual Na- of a local YMCA building on November 22, IN THE HOUSE OF REPRESENTATIVES tional Adoption Day which is tomorrow No- 1921, the Noon Lions have tirelessly devoted vember 19. their time, effort, and energy to fighting blind- Friday, November 18, 2011 As we look forward to celebrating Thanks- ness, combating hunger, and aiding seniors Mr. GERLACH. Mr. Speaker, I rise today to giving, it is important to keep in mind there are and the disabled. With the introduction of the congratulate The Lukens Band of Coatesville, over 400,000 children in foster care across the ‘‘Sight First’’ program the Noon Lions have Chester County, Pennsylvania on the occasion nation who will not be spending the holiday screened the eyes of more than 5,000 children of its 100th Anniversary. with a permanent family. Of these children, within their community and surrounding area. Founded in 1911 by Mr. and Mrs. Charles nearly 107,000 of them are eligible for adop- The Noon Lions look back at their legacy of Lukens Huston, the first meeting of the Lukens tion and waiting for a family. community service with an eye on the future Mission Band brought together fifteen young- In my home State of Pennsylvania, over and on the service they will be a part of in sters with little or no musical ability. Today, 19,000 children are in Pennsylvania’s foster strengthening their community. I am proud of they number in excess of 40 musicians. The care system. About 3,300 of these children the work they have done my district and I offer Band performs about 60 times per year and await adoption. them my most sincere congratulations on their has four subgroups known as the Lukens Each year about 28,000 youth age out of 90th anniversary. Marching Band, Lukens Concert Band, Lukens foster care having never been adopted. f German Band and Lukens Small Ensemble. In I want to issue a challenge those us here in A TRIBUTE TO THE FAMILY ALLI- its many forms, the Band plays for a wide vari- Washington and around the country to make it ety of venues such as community concerts, easier for families to adopt children. ANCE FOR VETERANS OF AMER- ICA the Coatesville VA Hospital, senior centers, re- Our goal must be a loving, caring and safe tirement communities, corporate events and permanent home for each of these children. community celebrations. For this to happen, courts, judges, attorneys, HON. TOM LATHAM In 1994, the Band incorporated as The Lu- adoption professionals, child welfare agencies, OF IOWA kens Band, to reflect a broader scope as a religious and civic organizations needs to work IN THE HOUSE OF REPRESENTATIVES non-profit public organization, the end of sup- together to finalize adoptions and find homes Friday, November 18, 2011 port by the Lukens Steel Company, and the for children in foster care. Mr. LATHAM. Mr. Speaker, I rise today to start of support from The Huston Foundation National adoption Day is an essential part of and The Stewart Huston Charitable Trust. this effort. recognize the exceptional work that the Family Alliance for Veterans of America has been Mr. Speaker, in light of its years of service For the past 12 years, National Adoption to the community and outstanding entertain- Day has been a nationwide attempt to raise doing on behalf of our veterans, and to congratulate them on the recent launch of their ment and musical accomplishments, I ask that awareness of the children in foster care wait- my colleagues join me today in recognizing ing to find permanent homes and loving fami- cutting-edge website. FAVA’s Chairman, Rhonda Jordal, has been The Lukens Band in celebration of its 100 lies. It is commemorated across the country year anniversary. with numerous events held each year to final- a tireless advocate for veterans and military ize the adoptions of children in foster care, families for numerous years. Because of her f and to celebrate all families who adopt. commitment, FAVA has been at the forefront The result is that since 2000, more than of providing information, advocacy and support HONORING ALEXANDER SCOTT 35,000 children have been adopted from fos- to our veterans and their families in their most MASON ter care on National Adoption Day. This year crucial time of need. FAVA’s nationwide as- nearly 5,000 adoptions will be finalized in sistance is aimed at helping with any difficult through these special events. situation veterans or their families find them- HON. SAM GRAVES That is why I am gratified to be speaking in selves in. This program has found a niche that OF MISSOURI recognition National Adoption Day. I also want allows them to assist veterans through their IN THE HOUSE OF REPRESENTATIVES to thank foster and adoptive families across own practices, as well as assisting govern- Friday, November 18, 2011 the country because of the important role that ment agencies in being more attentive and re- they play in the well-being of our children. sponsive to the needs of America’s heroes. Mr. GRAVES of Missouri. Mr. Speaker, I proudly pause to recognize Alexander Scott f FAVA’s goal is to become a comprehensive repository of information that can assist vet- Mason. Alexander is a very special young IN RECOGNITION OF THE CANON erans all over the globe, and the launch of man who has exemplified the finest qualities CITY NOON LIONS IN HONOR OF their new website is a crucial step in that di- of citizenship and leadership by taking an ac- THEIR 90TH ANNIVERSARY rection. At fava.westcare.com, families of vet- tive part in the Boy Scouts of America, Troop erans, and veterans themselves, can read and 247, and earning the most prestigious award HON. DOUG LAMBORN share their own stories regarding unexpected of Eagle Scout. OF COLORADO difficulties and experiences that they have Alexander has been very active with his IN THE HOUSE OF REPRESENTATIVES faced. The message that FAVA wishes to con- troop, participating in many scout activities. vey to every veteran and their family is sim- Over the many years Alexander has been in- Friday, November 18, 2011 ple—you are not alone. volved with scouting, he has not only earned Mr. LAMBORN. Mr. Speaker, I rise today to Mr. Speaker, it is a privilege and an honor numerous merit badges, but also the respect pay tribute to the 90th Anniversary of the to represent Iowa veterans in the U.S. House of his family, peers, and community. Most no- Can˜on City Noon Lions Club in my district in of Representatives. No one has done more to tably, Alexander has contributed to his com- Colorado. For Ninety years, the Noon Lions secure the freedom enjoyed by every single munity through his Eagle Scout project. have been dedicated to providing aid and as- American than our veterans and those cur- Mr. Speaker, I proudly ask you to join me in sistance to the needy and less fortunate in rently serving in the armed services. It goes commending Alexander Scott Mason for his their community. During the Lions Club Inter- without saying that we must collectively do ev- accomplishments with the Boy Scouts of national Campaign Sight First II, the Noon erything we can to deliver on the benefits and America and for his efforts put forth in achiev- Lions were one of five Model Clubs within the support our veterans deserve, and I am proud ing the highest distinction of Eagle Scout.

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K18NO8.011 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 18, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2097 PERSONAL EXPLANATION Avenue Action Association and the South Dan was the loving husband to Betty, broth- Oakland County Mayors Association. Under er to Cindy, father to Toni, Tracy, Donna and HON. CAROLYN McCARTHY her leadership, Berkley has successfully im- Mark and devoted uncle to Bob and Don. He OF NEW YORK plemented major road improvements, sta- was affectionately known to his grandchildren IN THE HOUSE OF REPRESENTATIVES bilized its financial outlook and updated its as ‘‘Papa.’’ master plan, all of which made Berkley a bet- On Saturday, November 19, 2011, a memo- Friday, November 18, 2011 ter place to live for its residents. As a testa- rial service celebrating Dan’s extraordinary life Mrs. MCCARTHY of New York. Mr. Speak- ment to the improvements she oversaw, will be held. Dan will always be remembered er, I was unavoidably absent on November 14, Forbes Magazine and Business Week named for his incredible contributions to business, his 2011. Had I been present, I would have voted Berkley one of America’s best affordable sub- work ethic, generosity, and love of family. His on the following: rollcall No. 837—S. 1412 urbs in 2010. dedication to his work, family and community (Sen. KERRY), ‘‘aye’’; rollcall No. 838—H.R. Mr. Speaker, I ask my colleagues to join me are a testament to a life lived well and a leg- 298 (Rep. CARTER), ‘‘aye’’; rollcall No. 839— today in recognizing Marilyn’s lifelong career acy that will continue. I extend my condo- H.R. 2422 (Rep. GRIMM), ‘‘aye’’. of service to Berkley, Michigan. I know that lences to Dan’s family and friends; although f her dedication, passion and leadership will be Dan may be gone, the light and goodness he greatly missed within Berkley’s city administra- brought to the world remains and will never be PERSONAL EXPLANATION tion and by its neighboring communities. I forgotten. wish Marilyn many happy years with her chil- f HON. JUDY BIGGERT dren and grandchildren in retirement and I HONORING THE HUDSON RIVER OF ILLINOIS know she will continue to be a voice of posi- SCHOOL OF PAINTING IN THE HOUSE OF REPRESENTATIVES tive change in her community. Friday, November 18, 2011 f HON. CHRISTOPHER P. GIBSON PERSONAL EXPLANATION Mrs. BIGGERT. Mr. Speaker, on rollcall No. OF NEW YORK 855 I was unavoidably detained. Had I been HON. ADAM SMITH IN THE HOUSE OF REPRESENTATIVES present, I would have voted ‘‘yea.’’ Friday, November 18, 2011 f OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES Mr. GIBSON. Mr. Speaker, I am privileged RECOGNIZING MAYOR MARILYN Friday, November 18, 2011 to represent a district along the Hudson River STEPHAN’S LEADERSHIP IN THE that is steeped in history and produced the CITY OF BERKLEY, MICHIGAN Mr. SMITH of Washington. Mr. Speaker, on first American school of painting in the mid- Wednesday, November 16, 2011, I was de- nineteenth century, called the Hudson River HON. GARY C. PETERS tained in a meeting and inadvertently missed School of Painting. Its founder and spiritual a vote in a series of recorded votes. Had I leader was Thomas Cole, who, in 1825, sailed OF MICHIGAN been present, I would have voted ‘‘no’’ on roll- IN THE HOUSE OF REPRESENTATIVES up the Hudson River to the Catskill Mountains call vote No. 850 (on agreeing to the Cicilline and painted inspiring pictures of New York Friday, November 18, 2011 amendment to H.R. 822). State sites that attracted instant acclaim. Mr. PETERS. Mr. Speaker, I rise today to f Thomas Cole was born in Bolton, Lancashire recognize my friend, Mayor Marilyn Stephan, TRIBUTE TO DANIEL ‘‘DAN’’ in northwest England in 1801. He emigrated to as she retires from her position as Mayor of SISEMORE the United States in 1818, and around 1832, Berkley, Michigan, after more than a decade rented a small studio in my district called of service to her community and region. Cedar Grove. This is now known today as the A longtime resident of Berkley, Marilyn’s HON. KEN CALVERT Thomas Cole National Historic Site. Comple- OF CALIFORNIA record of service long predates her involve- menting Cedar Grove, and also located in my IN THE HOUSE OF REPRESENTATIVES ment on Berkley’s City Council and as Mayor. district, is the home and studio of Frederic In a demonstration of her commitment to Friday, November 18, 2011 Edwin Church, who was a student of Thomas building a stronger community, Marilyn dedi- Mr. CALVERT. Mr. Speaker, I rise today to Cole. During the last 40 years of Church’s life, cated her professional life to educating and honor and pay tribute to Daniel ‘‘Dan’’ he created a 250 acre estate called Olana. nurturing the development of her students. As Sisemore who passed away on November 11, Olana is a National Historic Landmark located a teacher, first in Clarenceville and later in the 2011 in Newport Beach, California. Dan was a in Hudson, NY, and I proud to represent this Berkley School District, Marilyn made develop- pillar of the community in Corona, California fine marker of our history, which is home to ment of future generations her daily responsi- and he will be deeply missed. the Hudson River School of Painting. The bility. Whether it was teaching English or Dan Sisemore was born on November 9, painters that gathered here, among them home economics, Marilyn brought with her an 1934, in California. In 1952, Dan and his fa- Asher B. Durand, Jasper F. Cropsey, John F. unwavering commitment and passion for edu- ther began work in the construction industry. Kensett, Sanford R. Gifford, formed the first cating her students in the skills they needed to With just one truck they founded the company coherent society of artists in America, and led become successful. As a debate coach, More Truck Lines. The business grew and in the fine arts until the end of the Civil War. Marilyn helped her students refine their critical 1969 they started All American Asphalt with Today, their major paintings are seen in muse- thinking and public speaking skills, both of an asphalt plant in Westminster, California. ums throughout the United States, including which are required for being an effective lead- The company has grown exponentially over major federal buildings in Washington, D.C., er. the years and now owns an aggregate quarry such as the White House, State Department, As a passionate educator in her community, in Corona, California and six asphalt plants and National Gallery of Art. They depict the Marilyn’s work during her tenure did not end in throughout the region. All American Asphalt is landscape of America, and some have said the classroom. In her home, Marilyn raised her not only a material supplier but also a fully in- these were the first environmental conserva- children with the same zeal she displayed in tegrated road construction firm. All American tionists, who glorified our land and its contours her teaching and today is a proud mother and Asphalt employs 850 employees, all of whom in the mid-nineteenth century. grandmother. As an impassioned leader took inspiration from the founder and leader: I would like to take this opportunity to com- among her fellow educators, Marilyn also Dan Sisemore. Dan was a visionary in the in- mend the effort to place creative bronze served a decade as President of the Berkley dustry and the quintessential American entre- ‘‘Arches’’ historic markers along the Hudson Education Association. preneur. River, marking where these artists painted. My It is no surprise that a quiet retirement was Dan’s hobbies and interests included golf, colleague, Rep. ELIOT ENGEL, recently un- unlikely for Marilyn and in November 1999 she fishing, hunting and horse racing. He enjoyed veiled a Hudson River School of Painting his- was elected to the Berkley City Council and the desert and spending time with friends at toric marker at Hastings on Hudson, and oth- later as Mayor of Berkley in 2005. In her role the beach. The way in which Dan lived his life ers will be placed at Hook Mountain, on the as Mayor, Marilyn has been a strong voice of should serve as reminder to others that the Hudson River near Nyack, with a beautiful the needs of her community in important re- power of an individual with drive, persever- view of the Tappen Zee Bride and Haverstraw gional organizations like the Southeast Michi- ance and a stellar work-ethic can do great Bay, as well as at Newburgh, New York. Greg gan Council of Governments, the Woodward things. Wyatt, Director of the Academy of Art at the

VerDate Mar 15 2010 07:08 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.002 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E2098 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2011 Newington-Cropsey Foundation, has created vote was closed. Owing to this, I cast my vote ‘‘Nay’’ on rollcall vote No. 856 (on passage these historic markers, and I encourage those in haste, which led to the resultant errant vote. of H. Res. 467, the rule providing for consider- that visit our region to view them, as well as f ation of the conference report to accompany the striking landscape and sweeping natural H.R. 2112, making appropriations for Agri- beauty of our Hudson River. HONORING UNION COUNTY KEN- culture, Rural Development, Food and Drug Mr. Speaker, it has been said that the Hud- TUCKY ON THEIR 200TH ANNI- Administration, and Related Agencies pro- son River School of Painting led not only to VERSARY grams for the fiscal year ending September the establishment of the Metropolitan Museum 30, 2012, and for other purposes); of Art in New York City, but also to the cre- HON. ED WHITFIELD ‘‘Yea’’ on rollcall vote No. 857 (on agreeing ation of the National Parks Systems begun OF KENTUCKY to the Conference Report for H.R. 2112, mak- under the late President Theodore Roosevelt. IN THE HOUSE OF REPRESENTATIVES ing appropriations for Agriculture, Rural Devel- I salute the Hudson River School painters, Friday, November 18, 2011 opment, Food and Drug Administration, and who celebrated the ideals of American democ- Mr. WHITFIELD. Mr. Speaker, I rise today Related Agencies programs for the fiscal year racy, individuality, and illustrated themes such to honor Union County in the First Congres- ending September 30, 2012, and for other pur- as nature, education, family, and chivalry. I sional District of Kentucky on their 200th Anni- poses). urge my colleagues to take the time to review versary. This momentous occasion not only f the influences of this American art movement celebrates the rich history of Union County, THE WORLD DAY OF REMEM- and to have all Americans understand its im- but the many thousands of residents who over pact on our culture. There are two paintings BRANCE FOR ROAD TRAFFIC the years have made it a vibrant and thriving VICTIMS by Albert Bierstadt, a prominent member of community. the Hudson River School of Painting, that Union County was formed on January 15, were recently placed on public view in the 1811 and was likely named for the unanimous HON. ALCEE L. HASTINGS Capitol Visitors Center of the U.S. Congress. agreement of Henderson and Webster citizens OF FLORIDA These works, ‘‘Discovery of the Hudson River’’ to create a new county. Union County is rich IN THE HOUSE OF REPRESENTATIVES and ‘‘Entrance into Monterey,’’ were pur- in soil and farming is one of the industries that Friday, November 18, 2011 chased by Congress after the Civil War and thrive in this part of Kentucky. Coal mining is are beautiful examples of this movement. also a large industry that continues to provide Mr. HASTINGS of Florida. Mr. Speaker, I rise today in observance of the World Day of f good jobs. During World War II, Camp Breckinridge Remembrance for Road Traffic Victims, which HONORING MICHAEL ANTHONY Training Center was established near will be observed on Sunday, November 20, MASON Morganfield and between 1942 and 1946 2011. I offer my thoughts and prayers to all more than 30,000 infantry recruits were those who have lost loved ones to road crash- HON. SAM GRAVES trained there. In 1965 the Earle C. Clements es. All over the world, in every country and lo- OF MISSOURI Job Corps Center, which teaches vocational cality, traffic accidents remain an ongoing peril and a source of preventable tragedy. As we IN THE HOUSE OF REPRESENTATIVES courses, was established on eight hundred acres of the original camp land. The Job embark on the Decade of Action for Road Friday, November 18, 2011 Corps Center provided a labor pool for Union Safety, we should pause to remember who it Mr. GRAVES of Missouri. Mr. Speaker, I County industries and is the second largest is that we are fighting for. proudly pause to recognize Michael Anthony Job Corps center in the nation. Road traffic crashes kill nearly 1.3 million Mason. Michael is a very special young man Today, Union County attracts many tourists people every year and injure or disable as who has exemplified the finest qualities of citi- through U.S. 60, railroads, and a nine-foot many as 50 million more. The leading cause zenship and leadership by taking an active navigation channel on the Ohio River. The of death throughout the world for people ages part in the Boy Scouts of America, Troop 247, county also hosts the annual Corn Festival 10 to 29 is not disease or war, but road crash- and earning the most prestigious award of and the Union County Fair. There are almost es. Even today, we can expect that 1,000 peo- Eagle Scout. 16,000 people who are proud to call Union ple under the age of 25 will die on the world’s Michael has been very active with his troop, County their home. roads. participating in many scout activities. Over the To commemorate the county’s 200th anni- These numbers are dramatically increasing many years Michael has been involved with versary, community leaders and residents of and place particular strain on developing na- scouting, he has not only earned numerous Union County have planned over 16 different tions, where crash rates are highest. In devel- merit badges, but also the respect of his fam- events to educate Kentuckians about the his- oping countries, road crashes have a dramatic ily, peers, and community. Most notably, Mi- tory of Union County and celebrate its resi- impact on their fragile economies, costing an chael has contributed to his community dents and culture. It is my privilege to rep- estimated $100 billion and often exceeding the through his Eagle Scout project. resent Union County in the U.S. House of total amount received by these countries in Mr. Speaker, I proudly ask you to join me in Representatives and I hope my colleagues in development assistance. Furthermore, road commending Michael Anthony Mason for his Congress will join me in celebrating this com- crashes affect first responder services, health accomplishments with the Boy Scouts of munity and its residents. care services, and health insurance services, America and for his efforts put forth in achiev- f as many victims require extensive, and expensive, critical care, as well as follow-up care ing the highest distinction of Eagle Scout. PERSONAL EXPLANATION f and rehabilitation. In October 2005, the United Nations Gen- PERSONAL EXPLANATION HON. JOE COURTNEY eral Assembly adopted a resolution which OF CONNECTICUT calls for governments to mark the third Sun- HON. STEVE KING IN THE HOUSE OF REPRESENTATIVES day in November each year as World Day of OF IOWA Friday, November 18, 2011 Remembrance for Road Traffic Victims. The IN THE HOUSE OF REPRESENTATIVES Mr. COURTNEY. Mr. Speaker, I regret that day was created as a means to give recognition both to victims of road traffic crashes and Friday, November 18, 2011 I was unable to attend votes on Thursday, No- vember 17, 2011 as I was accompanying Sec- to the plight of their relatives who must cope Mr. KING of Iowa. Mr. Speaker, on Novem- retary of Defense Leon Panetta on a visit to with the emotional and practical consequences ber 16, on rollcall No. 843, I mistakenly cast the Electric Boat shipyard in Groton, Con- of these tragic events. a ‘‘yes’’ vote in favor of the Woodall amend- necticut. Had I been present, I would have This Day of Remembrance also calls atten- ment to H.R. 822. I am submitting this state- voted: tion to the necessary policies needed to im- ment for printing in the CONGRESSIONAL ‘‘Nay’’ on rollcall vote No. 854 (ordering the prove transportation management, infrastruc- RECORD to clarify that I am opposed to the previous question on H. Res. 466, the rule ture, vehicle safety, education, and post-crash Woodall amendment and had intended to vote providing for consideration of motions to sus- care and rehabilitation. Here in the United ‘‘no.’’ pend the rules); States it is of the utmost importance that we I was delayed in reaching the House floor ‘‘Nay’’ on rollcall vote No. 855 (on passage continue to support public policies designed to because of a meeting in my office and, as a of H. Res. 466, the rule providing for consider- reduce key risk factors like speeding, drunk result, I arrived on the floor just before the ation of motions to suspend the rules); driving, distracted driving, and the failure of

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.007 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 18, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2099 many Americans to use seat belts, child re- and friends, or serving our community, Jon MIKE WHITT, EXECUTIVE DIREC- straints, and other safety devices. has always been known to be a man of prin- TOR MINGO COUNTY REDEVEL- The Decade of Action for Road Safety has ciple and integrity. OPMENT AUTHORITY not been declared to merely raise awareness, I applaud Jon for his many years of work but also to take action. We all use roads, cars, and congratulate him on his well-deserved HON. NICK J. RAHALL II buses, and bicycles every day. It is easy to recognition from the Greater Fresno Area OF WEST VIRGINIA take our safety for granted. But too many trag- Chamber of Commerce. IN THE HOUSE OF REPRESENTATIVES edies remind us that road fatalities and injuries Mr. Speaker, I invite my colleagues to join have an enormous impact on our lives. As me in applauding and expressing appreciation Friday, November 18, 2011 Americans travel the world more and more for Jon’s work. Mr. RAHALL. Mr. Speaker, I want to call to and as our global society grows ever more my colleagues’ attention, during these times of close-knit, the pressing importance of our ob- f budgetary debate, the significant savings real- servance of the World Day of Remembrance NATIONAL NURSE PRACTITIONER ized by the taxpayers of our country by the vi- only grows as well. WEEK sion and work of one of my constituents, Mr. Mr. Speaker, no one should die because of Mike Whitt, the Executive Director of the entirely preventable traffic accidents. We must Mingo County Redevelopment Authority. do everything we can to raise awareness and HON. SANDER M. LEVIN In pursuit of sound, forward-thinking eco- address the underlying causes. On this year’s OF MICHIGAN nomic development initiatives, Mike was light- Day of Remembrance, let us pay extra atten- IN THE HOUSE OF REPRESENTATIVES years ahead of other jurisdictions when he tion to ways we can make the world a safer Friday, November 18, 2011 began forging public-private partnerships to place. Mr. LEVIN. Mr. Speaker, I rise in support of save taxpayer dollars, leveraging public fund- f National Nurse Practitioner Week. ing and above all creating good paying sus- CELEBRATING THE SERVICE OF This honorary week, November 13th tainable jobs for families. No slick financing JON MARTHEDAL through the 19th, celebrates the vital service schemes; no hocus pocus accounting tricks that over 148,000 nurse practitioners provide here. Mike did his homework and did it well. HON. JIM COSTA to patients around the country. At a time when He still does. Anyone, who has ever had the good fortune to participate in one of his project OF CALIFORNIA there is a shortage of primary care physicians, presentations, knows they have to be on their IN THE HOUSE OF REPRESENTATIVES more and more Americans are turning to toes to answer detailed questions about what Friday, November 18, 2011 nurse practitioners to help with their medical problems. they can bring to the table. Mr. COSTA. Mr. Speaker, I rise today to Nurse practitioners are highly educated, li- Mike has travelled the country sharing his congratulate Mr. Jon Marthedal, a third gen- censed clinicians that provide a broad range valuable time with agencies and associations eration farmer from Fresno, California. Jon of patient-focused care. Besides treating med- to spread the word about how some old-fash- has been named Agriculturalist of the Year by ical needs, nurse practitioners also focus on ioned hard work in planning economic devel- the Greater Fresno Area Chamber of Com- health promotion and disease prevention as opment ventures upfront can save millions in merce. Jon has been instrumental in enhanc- well as health education that helps guide pa- the end. He has given freely of his experience ing the San Joaquin Valley by advocating for tients and assist them in making healthy and expertise so others can adopt his sensible business opportunities and encouraging inno- choices in their day-to-day lives. Nurse practi- and thoughtful approach to investing public vation in our community. A distinguished farm- tioners improve the lives of Americans and funds to address citizen’s needs for a darn er and leader, Jon is certainly deserving of help reduce health care costs. We should cel- good return on the taxpayer’s dime. recognition by the Chamber. ebrate nurse practitioners as a crucial part of As we debate ways to improve our budget Marthedal Farms has been a family oper- our healthcare system and a solution to many in the coming weeks, I hope my colleagues ation since its inception in 1903. Upon immi- of the problems it faces. will look to the results sound public investment grating to the United States from Denmark, I urge all my colleagues to join me in recog- can yield when that investment is married with Harold Marthedal, Sr. purchased 20 acres of nizing the important work of nurse practi- private investment and properly managed. I property. Years later, his son Harold Jr. took tioners across the nation. am certain the Mingo County Redevelopment over and worked to expand the size of the Authority will be happy to share their accom- farm. Today, Marthedal Farms is operated by f plishments. Jon and his son Eric. They manage about 700 In a larger sense, Mike Whitt serves as a HONORING MICHAEL DUANE acres of raisin grapes, table grapes, and blue- bright beacon to all who strive to serve the CURTIS berries. public, administer public programs, and man- Jon has been an important part of the agri- age public funds. Our country owes Mike a cultural community for many years. Upon HON. SAM GRAVES debt of great gratitude for his work and his earning his degree in Agricultural Business OF MISSOURI years of sacrifice away from family and friends from California State University, Fresno, he IN THE HOUSE OF REPRESENTATIVES to serve the public good. began his career at Sun-Maid Growers in Friday, November 18, 2011 Recently, Mike has been battling some 1978. In ten years, he became Director, and health issues. Mike is a man of great faith, a then served as Vice Chairman before becom- Mr. GRAVES of Missouri. Mr. Speaker, I strong fighter, who has the courage of his con- ing Chairman in 1999. Through his progres- proudly pause to recognize Michael Duane victions. We know though he appreciates the sive and innovative work, Jon has become a Curtis. Michael is a very special young man power of partnership, so we welcome your respected voice in matters pertaining to Cali- who has exemplified the finest qualities of citi- thoughts and prayers for Mike and his family fornia agriculture. zenship and leadership by taking an active as he tackles this personal challenge. part in the Boy Scouts of America, Troop 247, Jon’s passion and commitment to agri- f culture has been demonstrated by his enthusi- and earning the most prestigious award of astic membership and leadership within a Eagle Scout. TAIWAN AIRPOWER number of agriculture-based organizations. He Michael has been very active with his troop, serves as Secretary of the Raisin Administra- participating in many Scout activities. Over the HON. TED POE tive Committee, Vice Chairman of the Agricul- many years Michael has been involved with OF TEXAS tural Council of California, Chairman of the Scouting, he has not only earned numerous IN THE HOUSE OF REPRESENTATIVES California Blueberry Commission, and is a merit badges, but also the respect of his fam- Friday, November 18, 2011 member of the Board Restructuring Committee ily, peers, and community. Most notably, Mi- for CoBank—a lender to cooperatives. For chael has contributed to his community Mr. POE of Texas. Mr. Speaker, China over 100 years, Marthedal Farms has been an through his Eagle Scout project. should not dictate what America can or cannot integral part of maintaining the San Joaquin Mr. Speaker, I proudly ask you to join me in do. But, when it comes to our Taiwan policy, Valley’s status as the breadbasket of the commending Michael Duane Curtis for his ac- it seems we kowtow to the wannabe empire of world. complishments with the Boy Scouts of Amer- the East. China has over 1,400 missiles point- Jon and his wife Sandy have three children. ica and for his efforts put forth in achieving the ed at Taiwan, and military experts agree that Whether he is spending time with his family highest distinction of Eagle Scout. Taiwan is losing its ability to even slow China

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.011 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E2100 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2011 down if it chooses to attack. Yet China tells Moran’s massive canvas: ‘‘The Chasm of the projects that help to reduce greenhouse gas the U.S. ‘‘don’t sell F–16s to Taiwan’’ and so Colorado,’’ which he produced along with two emissions and provide commuters with an al- we don’t. dozen wood engravings for a widely read ac- ternative to their personal vehicles when trav- On September 21st, the Administration offi- count of the Powell expedition published in eling to work or to run errands. I am, however, cially notified Congress of its decision to only Scribner’s Monthly magazine. Moran wrote of disappointed that this bill contains no funding offer Taiwan an upgrade of existing F–16A/Bs, the Grand Canyon, which joined the ranks of for high-speed rail. I would remind my col- rather than sell 66 new F–16 C/Ds as the the National Parks in 1912: ‘‘Of all places on leagues that we are continuing to cede inno- Government in Taipei had requested. The C/ Earth the great canyon of Arizona is the most vative ground on this development to the Chi- D aircraft would’ve gone to replace the 30- inspiring in its pictorial possibilities.’’ nese, Japanese and French, and it is impera- year-old F–5s. Now, the Ft. Worth, Texas pro- Mr. Speaker, later in life, Moran spent many tive we do not halt progress on President duction line may close because of lack of new years living and working in East Hampton, in Obama’s vision to create national high-speed orders. This should not be an issue. Our good New York’s First Congressional District, where rail network. friends, the Taiwanese, want to buy them. the unique quality of light has attracted some H.R. 2112 will also invest in innovation by The U.S. needs to boost its economy and of our Nation’s finest painters. However, we providing an increase of $173 billion, or $7 bil- prevent Chinese aggression. This sale are truly fortunate that his prodigious talent lion, for the National Science Foundation. This would’ve been good for everybody. Every- found a fitting subject in the incomparable investment is critical to ensuring that the body, that is, except China. America has to do majesty of the American West. Along with his United States is supporting high-risk, high-pay- what is in our best interest. And, it is not in contemporary Albert Bierstadt and the other off ideas that the private market cannot or will our best interest to give in to a brutal, com- members of the Hudson River School, Moran not invest in. Such innovation will also be sup- munist regime while forsaking our democratic introduced millions of Americans to our west- ported through an increase in funding for the ally. I fully support selling modern aircraft to ern lands and played a vital role in encour- Manufacturing Extension Partnership, which Taiwan. aging his generation to preserve America’s helps small to medium-sized manufacturers to And that’s just the way it is. Crown Jewels—our National Parks—for the become more efficient and more competitive f enjoyment of generations to come. in a globalized economy. It also maintains funding for research efforts in the Great f HONORING THOMAS MORAN AND Lakes, a national treasure we must preserve THE HUDSON RIVER SCHOOL OF CONFERENCE REPORT ON H.R. 2112, and which provides countless opportunities for PAINTING CONSOLIDATED AND FURTHER recreation, conservation, and jobs. CONTINUING APPROPRIATIONS Compromise is never perfect, and quite HON. TIMOTHY H. BISHOP ACT, 2012 often neither side is fully satisfied with the out- OF NEW YORK come. But everyone will need to make sac- SPEECH OF IN THE HOUSE OF REPRESENTATIVES rifices if we are to adequately address the unfinished business of the American people. And Friday, November 18, 2011 HON. JOHN D. DINGELL OF MICHIGAN that is what this bill is—unfinished business. H.R. 2112 will ensure that Congress is back Mr. BISHOP of New York. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES rise today to recognize the important role here to have the same debate on a different played by the artists of the Hudson River Thursday, November 17, 2011 set of appropriation bills on December 16th. If School in the development of the conservation Mr. DINGELL. Mr. Speaker, this is not a Congress had passed the 12 appropriations movement and the creation of America’s Na- perfect bill, but it is certainly worthy of our bills individually, we would not be debating tional Park System. In particular, I rise to support. H.R. 2112 represents a fair com- H.R. 2112 today. honor the painter Thomas Moran, who came promise between both parties and is an exam- We were elected to be civic leaders who to prominence in the United States in the ple of how we can achieve concrete results for could put public interests before self interests. 1870’s for the landscapes he painted while ac- the American people if we roll up our sleeves It is not in America’s best interest to sit here companying the geological and geographic and get to work. Earlier today, I called on refusing to support a bill that does not mirror survey of America’s West headed by Ferdi- Congress to skip the upcoming planned re- each of our individual priorities. What is in nand V. Hayden. During that era, the process so we can accomplish the business of America’s best interest and helps move us for- motion of settlement and commerce in Amer- the American people. Passage of this bill will ward is to come together today and support a ica’s West was a centerpiece of federal do- represent the first step forward in that regard. compromise that, while imperfect, gets the job mestic policy, with a special focus on exploit- There is much to be proud of in this legisla- done. I urge my colleagues on both sides of ing the area’s vast natural resources. How- tion. H.R. 2112 provides $2.5 billion for the the aisle to serve that purpose by supporting ever, watercolors by Moran sent back to U.S. Food and Drug Administration (FDA), this bill and continue to find ways to make Washington with Hayden’s scientific data which is $334 million above the House-passed meaningful agreements to pass legislation that helped convince Congress that certain areas version of the legislation. This bill will give will put Americans back to work and help re- of exceptional beauty in the West should be FDA the necessary resources to continue the build our economy. preserved in their natural state. implementation of the Food Safety Moderniza- f Shortly after Congress established the first tion Act, of which I am the author and will help MISSISSIPPI AND VIRGINIA MAKE National Park at Yellowstone, Moran’s 7 by 11 keep tainted food off of our shelves. We will HISTORY foot canvas ‘‘The Grand Canyon of The Yel- also restore our commitment to the most vul- lowstone’’ was unveiled to the public at the nerable among us by providing $6.6 billion for U.S. Capitol. If any pictorial representation the Women, Infant and Children (WIC) nutri- HON. JOE WILSON could do justice to the West’s natural treas- tion program, which is $570 million over the OF SOUTH CAROLINA ures, it was the large-scale landscape style of House-passed level. IN THE HOUSE OF REPRESENTATIVES Moran and his contemporaries. These mas- I have called on my colleagues to pass leg- Friday, November 18, 2011 sive paintings captured the popular imagina- islation that will invest in our infrastructure and Mr. WILSON of South Carolina. Mr. Speak- tion, compelling Congress to expand federal H.R. 2112 will make small progress in that er, history was made last week in off-year land holdings in the West and establish Yo- area. It includes $500 million for a third round elections with Republicans gaining a majority semite and Sequoia National Parks in Cali- of TIGER grants, which have been critical in in the Mississippi House for the first time in fornia and Mount Rainier National Park in helping state and local governments to move years and Republicans gaining a majority in Washington before the close of the 19th Cen- forward on large, regional projects that will the Virginia Senate, along with the State tury. have significant impacts on their communities. House and the Governorship for the first time Moran later accompanied John Wesley The federal-aid highway program will receive in 130 years. Powell’s survey of the Utah and Arizona Terri- $39.8 billion, which is $12.1 billion more than With these gains, Republicans are now tories, documenting the natural formations of the House proposal, an investment that will re- state legislative majorities in both houses in all what are now Zion and Arches National Parks. sult in 400,000 more jobs than what House states from Texas to Florida to Virginia and all On this expedition, Moran encountered the Republicans supported. This bill will also in- states in between except narrowly in Arkan- natural wonder that would fascinate him for clude $10.5 billion for transit programs, $2.5 sas. the rest of his life: the Grand Canyon of the billion more than the House bill, which means I am grateful my home state of South Caro- Colorado River. In 1874, Congress purchased DOT will be able to continue to support lina is symbolic of change. Fifty years ago this

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August, Charlie Boineau of Richland was Over the years, the Greater Beulah Baptist league, Rep. GEOFF DAVIS, the date of No- elected the first Republican legislator of the Church has remained a dedicated community vember 15 as America Recycles Day, an an- Twentieth Century and the next year, State leader and supporter of projects that have as- nual event intended to raise awareness and Rep. Floyd Spence was the first party switch sisted individuals in need. The church’s Evan- promote the social, environmental, and eco- ever leading in 1994 to David Wilkins elected gelistic Committee and Catherine Gordon nomic benefits of recycling and purchasing the first Republican Speaker in the South. In Scholarship Fund have helped to advance products made from recycled materials. 2010 all nine Republican statewide candidates educational charitable opportunities for stu- I also wish to highlight the automotive recy- were elected with the Governor being the first dents throughout Muscogee County, Georgia. cling industry, which reduces our need for al- female in 341 years and only the second In- Mr. Speaker, today I ask my colleagues to ready scarce landfill space, and makes impor- dian American in national history. Seven out of join me in paying tribute to the Greater Beulah tant strides toward preserving precious natural eight federal officials are now Republicans. Baptist Church in Columbus, Georgia for all resources. During the recycling process, more Encouraging the extraordinary change are the many things this church’s members have than 80 percent of an entire automobile by transplants from the Northeast and Midwest done and will continue to do to positively im- weight can be reused, remanufactured or re- who have relocated for a milder climate and pact the lives of those seeking spiritual guid- cycled. This process saves an estimated 85 lower taxes. ance and in need of charitable assistance. million barrels of oil, which would have other- In conclusion, God Bless our Troops and we f wise been used in the manufacturing of new will never forget September 11th in the Global or replacement parts. War on Terrorism. CELEBRATING THE 100TH BIRTHDAY OF MS. SARAH BOYD In addition, the automotive recycling industry f employs more than 108,000 workers through- IN RECOGNITION OF THE GREATER out the United States. A majority of the busi- HON. CHARLES B. RANGEL nesses in this industry are small, and in many BEULAH BAPTIST CHURCH’S OF NEW YORK 108TH ANNIVERSARY cases are owned and operated by families. IN THE HOUSE OF REPRESENTATIVES The Automotive Recycler’s Association HON. SANFORD D. BISHOP, JR. Friday, November 18, 2011 (ARA) is an international trade association which represents businesses in an industry OF GEORGIA Mr. RANGEL. Mr. Speaker, I rise today to recognize the birthday of Ms. Sarah Boyd who devoted to the removal and reuse of still-via- IN THE HOUSE OF REPRESENTATIVES turns 100 years old on November 22, 2011. ble automotive parts, and to the safe disposal Friday, November 18, 2011 Born to Sanders Aye and Annie Aye on No- of inoperable motor vehicles. Our Nation owes Mr. BISHOP of Georgia. Mr. Speaker, It is vember 22, 1911, in Eastover, South Carolina, a great debt to the 4,500 automotive recycling my pleasure and honor to extend my sincere Ms. Boyd is the youngest of her four siblings, facilities represented by the ARA, which help congratulations to the congregation of the two brothers, and two sisters. She received to recycle more than 11 million retired vehicles Greater Beulah Baptist Church in Columbus, her education from The Weber School in East- each year. ARA also serves as a regulatory as the church’s membership and leadership over, South Carolina and lived in the city of body, utilizing a program that ensures each celebrates 108 years of providing spiritual Columbia, South Carolina where she met and automotive recycling facility meets specific guidance, moral counseling and dedicated married Ernest Boyd. In 1945, they moved to business, environmental, safety and licensing community service to the residents of my Congressional District in Harlem, New standards. Muscogee County, Georgia. The congregation York where she has remained ever since. Mr. Speaker, please join me in recognizing of Greater Beulah Baptist Church will cele- Nicknamed ‘‘Doll’’, it is remarkable to imag- the annual occurrence of America Recycles brate their 108th anniversary on Sunday, No- ine all that she has been able to witness dur- Day, and in my commendation of the auto- vember 20, 2011 at service ceremonies on the ing her remarkable life. When she was born, motive recycling industry for all that it does to church’s campus at 631 Sixth Avenue in Co- the 27th President William H. Taft was in of- protect our environment. lumbus, Georgia. fice and Jim Crow Laws ruled the land. She lived through the Civil Rights Movement during This upcoming anniversary ceremony will f enable church members, local religious lead- the Sixties and saw President Barak Obama ers, elected officials and other individuals elected as 44th President of the United States HONORING TIMOTHY AARON throughout the Columbus, Georgia metropoli- of America. She has seen our great nation in MASON tan area to pay tribute to the members of times of peace and in times of wars. She has Greater Beulah Baptist Church who have posi- lived through the Great Depression, and has tively contributed to the spiritual maturation been part of our country’s strength and re- HON. SAM GRAVES and personal development of those in the Co- solve during this past century. Let us look to lumbus, Georgia metropolitan area and be- her today for inspiration as we face many OF MISSOURI yond. challenges. IN THE HOUSE OF REPRESENTATIVES As one of Columbus, Georgia’s long-stand- A couple of her anecdotes are: ‘‘Make sure ing institutions of Christian excellence, the to get plenty of rest’’ and ‘‘Don’t eat meat a Friday, November 18, 2011 Greater Beulah Baptist Church traces its his- few hours before going bed.’’ But most of all, she often says: ‘‘God is Good’’ and ‘‘He will Mr. GRAVES of Missouri. Mr. Speaker, I torical roots back to 1903. proudly pause to recognize Timothy Aaron Throughout the last two centuries, the make a way! If you take one step, God will take two.’’ Mason. Timothy is a very special young man church’s edifice has gone through numerous who has exemplified the finest qualities of citi- transformations, renovations and relocations. Mr. Speaker, I am proud to honor such an extraordinary member of our community on zenship and leadership by taking an active In the early 20th century, the church was lo- part in the Boy Scouts of America, Troop 247, cated in a one-bedroom house on the corner her 100th birthday. I wish Ms. Sarah ‘‘Doll’’ Boyd, as well her daughter Annie, son-in-law and earning the most prestigious award of of Dry Avenue and 12th Street. In 1904, the Eagle Scout. church relocated to a red church building on Levi Carter, four grandchildren, five great Magnolia Street and in the late 1940s, the grandchildren and twin great, great grand- Timothy has been very active with his troop, church was reconstructed before moving to daughters many more joyous days. participating in many scout activities. Over the 6th Avenue. f many years Timothy has been involved with Over the years the church has expanded its scouting, he has not only earned numerous RECOGNIZING NOVEMBER 15 AS external and internal outreach efforts through merit badges, but also the respect of his fam- AMERICA RECYCLES DAY the establishment of a Senior Choir; Gospel ily, peers, and community. Most notably, Tim- Choir; Junior Choir; Inspirational & Mass HON. MIKE THOMPSON othy has contributed to his community through his Eagle Scout project. Choirs; Chester Medley Hayes Young Adult OF CALIFORNIA Choir; Golden Age Ministry; Layman Ministry; IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I proudly ask you to join me in Prayer and Praise Team; Intercessory Prayer commending Timothy Aaron Mason for his ac- Ministry; Women Outreach Ministry; Greater Friday, November 18, 2011 complishments with the Boy Scouts of Amer- Beulah Women Inreach Ministry; and Chil- Mr. THOMPSON of California. Mr. Speaker, ica and for his efforts put forth in achieving the dren’s Church. I rise today to recognize, along with my col- highest distinction of Eagle Scout.

VerDate Mar 15 2010 07:08 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.018 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E2102 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2011 EXTENSION OF PORT SECURITY brance Day, this Sunday, November 20th. net new jobs in the United States over the GRANT PROGRAM THROUGH 2015 Since 1993, this special Remembrance Day past 25 years have come from firms less than responds to the great need that road crash five years old. It’s not surprising that policy- HON. JANICE HAHN victims and their loved ones harbor for public makers are looking to reinvigorate their econo- OF CALIFORNIA recognition of their loss and pain. mies by focusing on ways to stimulate new IN THE HOUSE OF REPRESENTATIVES The sense of grief and distress of this large firm formation. group of people is all the greater because Friday, November 18, 2011 I invite my colleagues to take part in Global many of the victims are young and many of Entrepreneurship Week in your community. Ms. HAHN. Mr. Speaker, each day, U.S. the crashes could have been prevented. The Support the innovators and engage the entre- ports move both imports and exports totaling response to road death and injury is often ex- preneurs that are a driving economic force in some $3.8 billion worth of goods through all perienced as inadequate, cruelly unsympa- each of our districts. Together, we can encour- 50 States. Additionally, ports move 99.4 per- thetic, and inappropriate to a loss of life or age and empower aspiring and existing entre- cent of overseas cargo volume by weight and quality of life. In 2005, the United Nations took preneurs to unleash their ideas and create the generate $3.95 trillion in international trade. it global, endorsing it to be the third Sunday in startups of the future that will change our Given the importance of ports to our national November each year, encouraging NGOs, country forever. economy, they must remain competitive and such as the Association for Safe International secure. Road Travel to commemorate this day. f Thus, we must remain vigilant and make I am proud to say, this past July, Indiana sure we are giving States the resources nec- became the 32nd state to ban texting while A TRIBUTE TO DR. BOBBY essary, so they can address the constant se- behind the wheel. On May 11, Gov. Mitch MUKKAMALA curity threats that continue to loom at our Na- Daniels signed the legislation which became tion’s ports. Whether its scanning foreign effective July 1, 2011. Distraction is still a fac- cargo for nuclear material or patrolling essen- tor in too many serious crashes, and the new HON. DALE E. KILDEE tial waterways, port security has become in- law is a small step to help make Indiana roads OF MICHIGAN creasingly important as we expand into a 21st safer—and a small initiative which I hope will IN THE HOUSE OF REPRESENTATIVES century global economy. However, funding for inspire road safety initiatives worldwide. these efforts continue to be a challenge as It is estimated that 1.3 million people die in Friday, November 18, 2011 maritime security continue to expand and road crashes each year. Unless action is broaden with ever-evolving threats. Addition- taken, road traffic injuries are predicted to be- Mr. KILDEE. Mr. Speaker, I rise today to ex- ally, the economic downturn has forced cash- come the fifth leading cause of death by 2030. tend congratulations to Dr. S. Bobby strapped States to cut funding for these vital It is my hope that recognizing Remem- Mukkamala as he completes his term as the security initiatives. brance Day will signal the importance the youngest president of the Genesee County That is why I am introducing the Port Secu- issue of reducing road danger to government. Medical Society. rity Grant Act, which will extend the Port Secu- f Bobby and his family have dedicated their rity Grant Program through 2015. The Port Se- lives to providing health care to our commu- GLOBAL ENTREPRENEURSHIP curity Grant Program addresses these prob- nity. His parents, his wife, his sister and broth- WEEK lems by allowing States to receive the Federal er-in-law are all physicians. Bobby fondly re- funding they need in order to secure their vital members playing as a child on the grounds of ports of entry. The program provides up to HON. EMANUEL CLEAVER Hurley Medical Center while his mother, Dr. $400 million for states to train personnel, ex- OF MISSOURI Sumathi Mukkamala made her hospital pand port recovery and resiliency capabilities, IN THE HOUSE OF REPRESENTATIVES rounds. The twin sons of Bobby and his wife and increase their capacity to detect, respond Friday, November 18, 2011 Dr. Nita Kulkarni, Nikhil and Deven, play today to, and recover from attacks involving explo- on that same playground while they wait for sive devices. Mr. CLEAVER. Mr. Speaker, I rise in sup- their parents to finish rounds. port of Global Entrepreneurship Week, a cele- However, Congress has failed to extend this Despite his young age, Dr. Mukkamala has bration of the innovators and job creators who vital program beyond 2015. By not extending extensive leadership experience. Bobby launch new companies. These innovators this program, we risk compromising the critical served on the Michigan State Medical Society bring forth new ideas, drive economic growth progress that has been made in port security Board as Young Physicians Section Chair in and expand human welfare. This year, I am and increasing the overall risk. 2002 and was elected as a District Director to pleased to announce that Global Entrepre- By passing this bill, we will ensure that the Board earlier this year. Governor Jennifer neurship Week, supported by the Ewing Mar- States continue to receive the funding they Granholm appointed Bobby to the Board of ion Kauffman Foundation in my district, will be need in order to protect our Nation’s gateways Audiology for the State of Michigan. In 2008, celebrated in 123 different countries, directly to the rest of the world. Bobby received the American Medical Asso- engaging more than seven million participants. f ciation Foundation Leadership Award. During this week each November, Global PERSONAL EXPLANATION Entrepreneurship Week inspires Americans Dr. Mukkamala was tapped in October of from all walks of life through local, national 2010 to serve as President of the Genesee HON. JUDY BIGGERT and global activities designed to help them ex- County Medical Society where in his tenure he plore their potential as self-starters and imagi- dramatically increased membership while en- OF ILLINOIS native innovators. These activities, from large- couraging his colleagues to focus on the many IN THE HOUSE OF REPRESENTATIVES scale competitions to intimate networking diverse needs of the Flint community. This Friday, November 18, 2011 gatherings, connect participants to potential was a realization of his dream to serve as Mrs. BIGGERT. Mr. Speaker, on rollcall No. collaborators, mentors and even investors—in- President as his father, Dr. AppaRao 854, I was unavoidably detained. Had I been troducing them to new possibilities and excit- Mukkamala, did in 1994. His commitment is present, I would have voted ‘‘yea.’’ ing opportunities. best illustrated by the scholarship that was created by Bobby and his wife Nita at the Uni- f But G.E.W. is more than just an awareness campaign supported by world leaders and ce- versity of Michigan-Flint and the endowment ACKNOWLEDGING WORLD lebrity entrepreneurs. It is a rallying cry, calling fund they established for the Community REMEMBRANCE DAY 2011 us to unleash ideas and bring them to life— Foundation of Greater Flint. recognizing opportunities, taking risks, solving Mr. Speaker, I find Dr. Mukkamala’s dedica- HON. DAN BURTON problems, being creative, building connections tion and leadership in the community a great OF INDIANA and learning from both failure and success. It inspiration and I am a better person for know- IN THE HOUSE OF REPRESENTATIVES is about challenging young people to think big ing him. That is why I ask You to please join and to make an impact on the world. me in congratulating Dr. Mukkamala on his Friday, November 18, 2011 Entrepreneurs do three things—they ad- many accomplishments as President of the Mr. BURTON of Indiana. Mr. Speaker, I rise vance innovation, build wealth for society, and Genesee County Medical Society. We gra- today to take a moment to pay my respects to create jobs. In fact, research from the ciously thank him for the leadership and vision road traffic victims in honor of World Remem- Kauffman Foundation shows that almost all he continues to bring to our community.

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.022 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 18, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2103 NATIONAL ADOPTION DAY a leader among her peers by serving as Presi- Further, this bill rejects the dangerous at- dent of the Wright Ladies Hall and member of tempt by House Republicans to end the Com- HON. ROBERT T. SCHILLING the Philamathion Ladies Social Society. Within munity Oriented Policing Services (COPS) and four years, she graduated with a near-perfect provides the program with almost $200 million OF ILLINOIS grade point average. Finally, before embarking to help local police departments keep our IN THE HOUSE OF REPRESENTATIVES upon a career in teaching, Aunt Mary obtained communities safe despite the local budget Friday, November 18, 2011 her Master’s Degree from the University of constraints. While this represents a steep cut Mr. SCHILLING. Mr. Speaker, I rise today to Michigan. in funding from last year, these funds will help recognize National Adoption Day and to cele- Aunt Mary was a devoted teacher, always some local departments who are having to brate the many families who graciously open encouraging her students to fulfill their best make tough decisions about firing police offi- their homes and their lives to the most vulner- potentials. She did the same with family, too. cers for a lack of resources. Going forward, able and often forgotten children in our com- Ever the supportive big sister, she sent my fa- we must do far more to get more cops back munities. As the father of 10 children I under- ther money every week as he worked to get on the beat. stand the importance of family, I also under- his own degree from her alma mater, Alma In these difficult times, this bill also denies stand the many sacrifices parents make to College. My father often talked of his deep an attempt to reduce funding for the Supple- provide the best opportunities for their kids. gratitude for her vital support of him during mental Nutrition Assistance Program (SNAP) This is why I deeply respect adoptive and fos- those lean depression. After marrying my and the Women, Infants and Children (WIC). ter parents; they so readily take on additional uncle, Halley Hughes, Mary took a leave from SNAP and WIC help our fellow Americans expenses and sacrifices to provide a safe her career and devoted herself full time to during their most difficult times with some food home for a child. family and raising her three sons: Bob, Dick, assistance to help make ends meet. As mil- and Jim. lions of our fellow Americans are struggling in I recently joined the Congressional Caucus Later in life, Aunt Mary returned to her be- this difficult economy, this bill provides $105 on Foster Care which is dedicated to pro- loved career and for another 21 years. And as billion for domestic food assistance programs, tecting and promoting the welfare of the more a passionate educator, Aunt Mary joined both an 18 percent increase from last year, to than 424,000 children who are part of the fos- the National Education Association and Delta make sure they are at least able to keep some ter care system in the U.S. The Caucus pro- Kappa Gamma to enhance the status and food on the table. vides a forum where Members can come to- fight for the rights of her fellow teachers As a research scientist, I have long sup- gether to discuss ways we can improve the across Michigan and the Nation. ported the important role of federal investment system and help these children make a suc- Mr. Speaker, though she is my beloved in basic research. I am glad this bill increases cessful transition out of care and into society. aunt, by any objective measure Mary Louise funding for the National Science Foundation Tomorrow, National Adoption Day will be Peters-Hughes has lived an exceptional life, (NSF) to $7 billion, an increase of $173 mil- celebrated across the country. There are more marked by academic excellence, an admirable lion. It also provides the necessary funding to than 400 events planned to highlight the need professional career and a most compassionate continue the development of the James Webb for more families to open their hearts to chil- and strong family life. Her story and path is Space Telescope that will allow researchers to dren in need and to show gratitude to those truly one we can all look to as an example for find the first galaxies and help create jobs who have taken that step. I want to thank our own lives. I, my wife and children and now. Further, this bill provides the U.S. Patent each and every foster parent and adoptive Mary’s three children, six grandchildren and and Trademark Office a 29 percent increase in parent for opening your safe and loving home nine great grandchildren are grateful for the funding to ensure that our Nation’s inventors to a child. Thank you for taking the time to en- 100 years she has lived and the lessons and are able to get their ideas to market and help rich the lives of those children who need it the love she has shared with each of us. We wish grow our economy. most. for many more lived in health and happiness. I am also pleased that this bill makes need- f f ed changes to ensure that the maximum loan ON THE OCCASION OF MARY LOU- limits for the Federal Housing Administration CONFERENCE REPORT ON H.R. 2112, are maintained at a level necessary for areas ISE PETERS-HUGHES’ 100th CONSOLIDATED AND FURTHER BIRTHDAY with high cost housing like we have in New CONTINUING APPROPRIATIONS Jersey. With the housing market still weak, ACT, 2012 this will help provide some necessary stability HON. GARY C. PETERS and support for prospective home owners. SPEECH OF OF MICHIGAN It is unfortunate that this bill freezes funding IN THE HOUSE OF REPRESENTATIVES HON. RUSH D. HOLT for the Commodity Futures Trading Commis- Friday, November 18, 2011 OF NEW JERSEY sion which is tasked with implementing many IN THE HOUSE OF REPRESENTATIVES of the commonsense Wall Street reforms we Mr. PETERS. Mr. Speaker, I rise today for approved last year. Without additional funding the most special purpose and privilege of hon- Thursday, November 17, 2011 the CFTC will struggle to prevent future finan- oring the life of Mary Louise Peters-Hughes on Mr. HOLT. Mr. Speaker, I rise today in sup- cial crises, and not have the resources need- the occasion of her 100th birthday. port of the Fiscal Year 2012 Conference report ed to fight oil speculation which is increasing Mary Louise Peters-Hughes is a most re- for the Agriculture, Commerce-Justice- the cost of gas at the pump. markable woman, having lived through 100 Science, and Transportation-HUD appropria- Finally, I regret that this bill contains a num- years of the most changeable times in human tions bill. ber of funding restrictions that will limit our Na- history; she is also my aunt, big sister to my However, I regret the process that brought tion’s law enforcement officers from combating late father Herb, and the matriarch of our fam- this bill to the floor. A full one third of this bill, gun trafficking and prevent sensible regula- ily. the Transportation-HUD appropriations, has tions from being established to prevent guns Born on September 20, 1911, Mary came of never been considered by the House before. from falling into the hands of criminals. Yet age amidst the burgeoning era of women’s This bill was not written in an open process again the NRA has been given an early rights. Her achievements embodied the kind of and members were not allowed to offer Christmas present with the inclusion of these progress and leadership envisioned by that amendments to improve the bill. special giveaways tucked into this bill without movement; throughout her life, Mary has held I am pleased that this bill included the fund- a vote or any debate on them. herself to a high standard of achievement and ing I fought for to help our local residents re- This is not a perfect bill but it prevents a leadership. cover and rebuild from the flooding which looming government shutdown. Further, it pro- In 1929, she graduated valedictorian from caused so much destruction in New Jersey. vides funding increases for a number of critical Rochester High School, after serving in the This bill provides $2.3 billion in needed dis- programs and rejects many of the dangerous National Honor Society and as president of aster assistance to ensure Central New Jer- cuts contained in the funding bills that the her senior class. Mary matriculated to Alma sey’s businesses and home owners have the House previously approved. I support passage College, during a time when only 10% of resources they need to mitigate the damage of this bill despite its pessimistic view of what young people sought higher education. Mary and put in place preventive measures in ad- America can achieve through ambitious fund- studied English and Latin and continued to be vance of future disasters. ing of the programs covered under the bill.

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.027 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E2104 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2011 HONORING 70TH ANNIVERSARY OF supplementing or assisting in the coordination IN COMMEMORATION OF WORLD MESSIAS TEMPLE CHURCH AND of public programs and other private services. REMEMBRANCE DAY THE PASTORAL ANNIVERSARY They are one of the fastest-growing forms of OF SUFFRAGAN BISHOP HARRY philanthropy in the United States. HON. CHRIS VAN HOLLEN S. GRAYSON The Oregon Community Foundation exem- OF MARYLAND plifies these virtues. For instance, its ‘‘Access IN THE HOUSE OF REPRESENTATIVES to Higher Education’’ initiative includes a one- HON. JOHN D. DINGELL Friday, November 18, 2011 on-one mentoring program fostering post-high OF MICHIGAN school education and a scholarship program Mr. VAN HOLLEN. Mr. Speaker, as a co- IN THE HOUSE OF REPRESENTATIVES directing millions of dollars each year to help chair of the Congressional Caucus on Global Friday, November 18, 2011 Oregonians pursue advanced education. The Road Safety, a caucus dedicated to sup- Mr. DINGELL. Mr. Speaker, I rise today to Oregon Community Foundation also address- porting safe road travel worldwide, I rise to pay tribute to the honorable Suffragan Bishop es needs like literacy on the North Coast, chil- commemorate World Remembrance Day. World Remembrance Day was established Harry S. Grayson, who is celebrating his 60th dren’s dental health in South Willamette Valley to honor the memory of those who have been birthday and 20th year of service as the pastor and community school programs in Central injured or killed in traffic crashes around the of The Messias Temple Church, as well as the Oregon. Please join me in recognizing National Com- world. The day was set aside as a sign of the 70th Anniversary of the Church in the commu- world’s commitment to preventing road traffic nity of Ypsilanti, Michigan. As friends and fam- munity Foundation Week, and in gratefully acknowledging the nation’s charitable organiza- deaths, to educating drivers and pedestrians ily and community members gathered last Sat- about the hazards of road travel and to im- urday on November 12, 2011 to honor both tions as well as the concerned individuals who donate their time, talent, and resources. proving the safety of our roads. anniversaries, my wife Deborah and I joined Road crashes are the leading cause of the service to honor the church and Pastor f death globally for people between the ages of Grayson’s service and care to the Ypsilanti CONGRATULATIONS TO CANTON 5 and 29 years old. According to the 2009 community. HIGH SCHOOL STATE CHAMPION Global Status Report on Road Safety, nearly Time tends to show us what is really impor- BOY’S SOCCER TEAM 1,300,000 people globally die in road crashes tant in life. Since the founding of the Messias each year. Unless action is taken, it is pre- Temple on November 10, 1940, four pastors dicted that road traffic injuries could double by have dedicated their lives to spreading the HON. THADDEUS G. McCOTTER OF MICHIGAN 2030, killing an estimated 2,400,000 people Gospel and ministering to the well-being of the IN THE HOUSE OF REPRESENTATIVES per year. congregation and the community. As the The hazards of road travel are a persistent church family grew in size, so did the church’s Friday, November 18, 2011 problem regardless of a country’s wealth. Ac- community outreach and it was the spirit and Mr. MCCOTTER. Mr. Speaker, today I rise cording to a report by the Governors Highway leadership of these ministers, including Pastor to acknowledge the Division 1 State Champion Safety Association, a body representing the Grayson, that have made the difference. Boys’ Soccer Team from Canton High School. safety departments from around the U.S., the Over the past 20 years, many programs that On November 5, 2011, the Canton Chiefs overall number of pedestrian fatalities in this promote the joy of giving have been initiated eked out a 1–0 victory over Grand Haven, country is increasing. under the fine leadership of Pastor Grayson. marking their 1st State Championship since Statistics such as these are the rallying call They include the sharing of hot meals, holiday 1994 when Head Coach George Tomasso of a growing number of public safety groups food giveaways, and vital prison, shelter, and was the Canton goalkeeper. like the Association for Safe International re-entry ministries. I also applaud his commit- After having amassed a division record of Road Travel. Due to ASIRT’s determined ad- ment to promoting education in Ypsilanti 9–0–1 and winning the Kensington Lake Ath- vocacy, there is now an increased emphasis through tutoring, financial assistance pro- letic Association’s South Division, the Ken- being placed by American officials on programs, and educational children activities. sington Conference and the KLAA overall title, viding our citizens with the tools they need to Pastor Grayson and his lovely wife Mary have the Chiefs headed in to district play with over- travel safely while abroad. ASIRT’s encour- raised their three children in the same place all regular season tally of 14–1–2. Canton lev- agement influenced the Department of State’s where he came of age and found his call for eled Ann Arbor Skyline 2–1 before taming the decision to post road safety information on its the ministry. His compassion, tireless efforts, Northville Mustangs 3–0 in the district semi- website and to offer safe driver training at its and loving care for the Ypsilanti community is final. The Chiefs caged the Novi Wildcats, win- missions around the world. extraordinary and I am not alone in celebrating ning 3–1 in double overtime to take the District I am proud of my association with ASIRT. the amazing positive impact the church and 5 crown. Its commitment to raising awareness about the Pastor Grayson have had in my district. Moving on to regional match-ups, Canton hazards of road travel is helping to make the world a safer place. On this World Remem- f stormed past Dearborn by a score of 3–0. The Chiefs blazed by Ann Arbor Pioneer 4–1 to brance Day, may we all take a moment to re- NATIONAL COMMUNITY claim the Region 2 crown. Canton’s defense flect on the importance of road safety. FOUNDATIONS WEEK would prove impenetrable against top ranked f Warren DeLasalle in the semi-final round as IN CELEBRATION OF THE LIFE HON. EARL BLUMENAUER the Red and White grounded the Pilots 1–0, AND THEATRICAL ACHIEVE- OF OREGON setting the stage for the champonship show- MENTS OF SHAUNEILLE PERRY IN THE HOUSE OF REPRESENTATIVES down. Facing Grand Haven in the final match of Friday, November 18, 2011 the season, a pair of sophomore midfielders HON. CHARLES B. RANGEL Mr. BLUMENAUER. Mr. Speaker, this week gave the Canton Chiefs the only goal they OF NEW YORK we recognize millions of Americans who have would need. At 3:32 in the second half, a per- IN THE HOUSE OF REPRESENTATIVES voluntarily joined together to meet important fectly threaded pass led to an unstoppable low Friday, November 18, 2011 needs in their communities. National Commu- shot ripping past the Buccaneers’ goalie into Mr. RANGEL. Mr. Speaker, today I rise with nity Foundations Week celebrates the gen- the middle of the net. Canton’s defense sty- great cultural pride to join Byron Lewis, CEO erosity and shared efforts to common goals mied the Bucs, giving the Chiefs the right to of Uniworld Group, Woodie King, Jr., Founder that mark the American character. hoist the Michigan High School Athletic Asso- and Executive Artistic Director of New Federal Community foundations make substantial ciation Division 1 Championship trophy. Theatre and Voza Rivers, Co-Founder and Ex- contributions to our nation’s well-being in Mr. Speaker, with a season record of 24–1– ecutive Producer of New Heritage Theatre to areas such as health care and social services, 2 and having allowed only three goals during celebrate the life and theatrical achievements education and the arts, economic develop- their entire playoff run, the 2011 Canton of renowned actor, author, director and educa- ment, and environmental protection. In 2010, Chiefs deserve to be recognized for their de- tor, Shauneille Perry. community foundations gave an estimated $4 termination, achievement, spirit and effort. I On November 13, 2011, at Harlem’s billion to a variety of nonprofit activities. ask colleagues to join me in congratulating the landmarked Riverside Church, the Uniworld Directed by volunteers, community founda- Chiefs for obtaining this spectacular title and Group, New Federal Theatre and New Herit- tions provide effective leadership in commu- in honoring their devotion to our community age Theatre will join hundreds of actors, play- nities throughout the United States, often and country. wrights, designers, technicians, and students

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.030 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 18, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2105 in the field of Black Theater to say thank you fall of 1971. Shauneille’s work includes Sass It is my hope that recognizing Remem- to Shauneille Perry for her historic accomplish- and Class, In Dahomey, Music Magic, Daddy brance Day will signal the importance the ments and contributions to American Theater. Goodness with Clifton Davis; Last Night, Night issue of reducing road danger to government. Shauneille Perry was born on July 26, 1929 Before, Things of the Heart, Marian Ander- f in Chicago to a very prominent African Amer- son’s Story, and Sounds of the City, a 15 ican family. Her father, Graham T. Perry, was minute daily soap opera that aired on the Mu- TOM CAVALERI one of the first African American Assistant At- tual Black Network in the mid-1970s for Byron torney Generals for the State of Illinois. Her Lewis’ Uniworld Group, Inc. Shauneille Perry’s HON. KATHY CASTOR mother, the former Laura Pearl Gant, was one other gifted works include the KCET teleplay OF FLORIDA of the first African American court reporters for of John Henry Redwood’s Old Settler starring IN THE HOUSE OF REPRESENTATIVES the City of Chicago. Ms. Perry is also the Phylicia Rashad and Debbie Allen, Black Friday, November 18, 2011 niece of real estate broker and political activist Beauties for Equity Fights Aids and the nar- Ms. CASTOR of Florida. Mr. Speaker I rise Carl Augustus Hansberry and Africanist schol- rative for the 2005 Harlem Exhibition at the today to honor and highlight the distinguished ar William Leo Hansberry. She is also the first Museum of the City of New York. career of Tom Cavaleri. Mr. Cavaleri’s con- cousin of Carl Hansberry’s daughter, Lorraine An innovator and contributor of the Black tributions to the Tampa community are worthy Hansberry, famous playwright and author of Arts Movement, Shauneille Perry has been of recognition by all. the 1973 Tony Award Best Musical, ‘‘A Raisin honored with four AUDELCO Awards, two Born in Tampa, Florida, Mr. Cavaleri at- in the Sun’’. CEBAS, the Lloyd Richards Award of Directing tended Plant High School. Upon graduation Shauneille attended Howard University, (National Black Theatre Festival), the Black from the University of South Florida, he began where she was a member of the Howard Play- Rose of Achievement (Encore Magazine), the his first job with Hillsborough County, estab- ers under the direction of Owen Dodson. In distinguished Howard Player and Alumni lishing and working with youth groups in the 1950, she received a B.A. in drama from How- Awards, and the Scholar Achievement Award Sulphur Springs area to offer them productive ard. Her studies followed at the Goodman from Lehman College of the City University of and positive after school activities. Since then, Theatre Art Institute in Chicago, where she re- New York, where she was a professor of The- Mr. Cavaleri’s career with Hillsborough County ceived her M.A. in directing. She is also a Ful- atre and Black Studies. has spanned 39 years and several depart- bright Scholar at the Royal Academy of Dra- Mr. Speaker, please join me and a grateful ments, all the while devoting himself to helping matic Art in London. nation in celebrating the life and theatrical the disadvantaged and underserved. In Chicago of 1957, Perry married Architect achievements of Shauneille Perry as a living Throughout his career, Mr. Cavaleri has Donald Ryder. Several months later, she re- legend of the American and Black Theater. served as a social worker, a front line super- ceived national exposure as the second place Her talented works and legacy will forever re- visor, a section manager, and is currently the winner in the 1958 Picturama Contest, an main in our ever-changing world. With her ac- division manager for Social Services in essay competition sponsored by Ebony Maga- complishments and contributions, the Black Hillsborough County. Through his work, he zine. She took advantage of the prize with her Theatre community has had the opportunity to has improved the efficiency of customer serv- husband, which was a $4,000, three-week tour help advance the quality and heritage of the ice while also maintaining the compassion and of Paris. By the end of the decade, the couple American Theatre. human dignity so essential to an applicant dur- relocated to New York City, where it did not f ing his or her time of need. take long for her to establish herself as an ACKNOWLEDGING WORLD During his time as manager or director, Mr. actor. Cavaleri has created innovative programs to In the late 1950s and early 1960s, she REMEMBRANCE DAY 2011 improve program operations while also ex- acted in various productions on the New York panding the services available to Hillsborough stage including The Goose, Dark of the Moon, HON. DAN BURTON County residents. This included designing and Talent ’60, Ondine, Clandestine on the Morn- OF INDIANA implementing a health care certification unit ing Line and The Octoroon. Her work as Lilly IN THE HOUSE OF REPRESENTATIVES which centralized and streamlined enrollment Ruth, a pregnant girl in the short-lived off- Friday, November 18, 2011 processes, allowing front-line staff time to Broadway production of Clandestine on the more effectively manage their clients, and Morning Line received particular notice. After Mr. BURTON of Indiana. Mr. Speaker, I rise leading the Health and Social Services depart- her many successes as a performing actor, today to take a moment to pay my respects to ment through a transition from crisis interven- Shauneille switched her career toward writing, road traffic victims in honor of World Remem- brance Day, this Sunday, November 20th. tion to a case managed self-sufficiency model. directing, and raising a family. The Tampa community is proud to recog- Following in the footsteps of Vinnette Car- Since 1993, this special Remembrance Day nize Mr. Cavaleri for his continued dedication roll, the first great African American playwright, responds to the great need that road crash to improving the lives of Hillsborough County stage director, and actor to direct on Broad- victims and their loved ones harbor for public residents and, most especially the lives of way with the hit gospel revue, Don’t Bother recognition of their loss and pain. those most in need. His outstanding commit- Me, I Can’t Cope, Shauneille became one of The sense of grief and distress of this large ment to improving the lives of others has the first African American women to direct on group of people is all the greater because made him an inspirational community leader the New York stage. Her notable works on the many of the victims are young and many of and a true unsung hero. I ask that you and all Broadway and on the national and inter- the crashes could have been prevented. The Americans recognize such a remarkable cit- national tour stage include one of her early ef- response to road death and injury is often ex- izen for his contribution and service to our forts, the Mau Mau Room, at the Negro En- perienced as inadequate, cruelly unsympa- community. semble Company. It was the first major stage thetic, and inappropriate to a loss of life or production of a play written by J. E. Franklin. quality of life. In 2005, the United Nations took f Shauneille Perry staged the productions of it global, endorsing it to be the third Sunday in IN RECOGNITION OF BRIGADIER Strivers Row, Looking Back, the music of November each year, encouraging NGOs, GENERAL STEPHEN G. SANDERS Micki Grant by Rosalie Pritchett, Sty of the such as the Association for Safe International Blind Pig by Phillip Hayes Dean for the Negro Road Travel to commemorate this day. HON. MICHAEL C. BURGESS I am proud to say, this past July, Indiana Ensemble Company, Moon on a Rainbow OF TEXAS Shawl produced by Voza Rivers at Harlem’s became the 32nd state to ban texting while IN THE HOUSE OF REPRESENTATIVES Roger Furman’s New Heritage Theatre, the behind the wheel. On May 11, Gov. Mitch award-winning production of Paul Robeson, Daniels signed the legislation which became Friday, November 18, 2011 and the original off-Broadway production of J. effective July 1, 2011. Distraction is still a fac- Mr. BURGESS. Mr. Speaker, today I rise to E. Franklin’s play, Black Girl for Woodie King, tor in too many serious crashes, and the new recognize Brigadier General Stephen G. Sand- Jr.’s New Federal Theatre, which became a law is a small step to help make Indiana roads ers for his dedicated service as the Deputy film directed by another award winning actor safer—and a small initiative which I hope will Commanding General for the 36th Infantry Di- and civil rights activist Ossie Davis. inspire road safety initiatives worldwide. vision of the Texas Army National Guard and A gifted writer of several plays including It is estimated that 1.3 million people die in welcome him home to the 26th District of ‘‘Pearl,’’ a short story collection and children’s road crashes each year. Unless action is Texas. musical Mio, which she staged as a workshop taken, road traffic injuries are predicted to be- I met BG Sanders on my last two visits to production at the New Federal Theatre in the come the fifth leading cause of death by 2030. Iraq. Like so many other great men and

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.034 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E2106 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2011 women of our armed forces, BG Sanders and Mr. Speaker and colleagues, please join me RECOGNIZING NATIONAL ADOP- his family have repeatedly sacrificed time to- in honoring the Spanish American Committee TION DAY/MONTH NOVEMBER 18, gether for extended periods to answer the call for a Better Community as they celebrate 45 2011 to serve his country. years of community assistance. Commissioned in May 1980 through the HON. LAURA RICHARDSON Army Reserve Officers Training Corps at Sam f OF CALIFORNIA Houston State University, BG Sanders began IN THE HOUSE OF REPRESENTATIVES his military career with Texas Army National INTRODUCING THE NATIONAL Friday, November 18, 2011 Guard. His subsequent duties included various COMMISSION ON EMPLOYMENT tactical, operational and strategic assignments, AND ECONOMIC SECURITY ACT Ms. RICHARDSON. Mr. Speaker, I rise to including commands of a combat engineer OF 2011 recognize November 19, 2011 as National company, battalion and brigade. He was de- Adoption Day, which celebrates adoptive fami- ployed to Bosnia-Herzegovina, Stabilization lies who have opened their homes to children Force (SFOR) 7 and on active duty in support HON. ALCEE L. HASTINGS placed in foster care. Today, states, commu- of Operation Iraqi Freedom III in 2004. Most nities, public and private organizations, busi- OF FLORIDA recently, he was deployed to Iraq with his divi- nesses, families, and individuals come to- sion headquarters where he assumed respon- IN THE HOUSE OF REPRESENTATIVES gether to increase awareness of children in sibilities to establish the U.S. Consulate in need of permanent homes and families. Basrah; assess, plan and build-out oil and gas Friday, November 18, 2011 Mr. Speaker, currently there are over 463,000 children living in foster care. These infrastructure; and establish logistical condi- Mr. HASTINGS of Florida. Mr. Speaker, I tions for the withdrawal of U.S. Forces from children have been placed in homes on the rise today to introduce the National Commis- account of the physical, sexual and emotional Iraq. BG Sanders has served honorably sion on Employment and Economic Security through each of his assignments and deploy- abuse they have endured with their biological Act of 2011. ments and has received the Bronze Star and caretaker. My state of California currently has Meritorious Service Medal among additional This legislation is a necessary and vital in- the largest foster care population with the commendation and service medals. vestment for our nation’s workforce and their number of youths in foster care tripling since It is due to the selfless actions and sac- families. It will establish a national commission 1981. These children deserve to grow up in a rifices of the men and women like BG Sanders to examine issues of economic and psycho- loving home that is safe, happy, and most im- that we enjoy the quality of life and freedoms logical insecurity within our workforce that portantly one they can call their own. that are the envy of nations around the world. have been caused by employment displace- Since the first major effort to bring aware- I am honored for the privilege to represent ment. Further, it will propose solutions, includ- ness to the need of adoptive families, which Brigadier General Stephen G. Sanders in the ing recommendations for legislative and ad- was initiated by former Massachusetts Gov- United States Congress. I, along with his fam- ministrative action, to Congress and the Presi- ernor Michael Dukakis and later proclaimed a ily, friends, citizens and his safe return. dent. month in November 1995 by President William f J. Clinton, nearly 50,000 children in the sys- Since the recession began in December tem have been adopted yearly. American fam- IN RECOGNITION OF THE SPANISH 2007, more than 5.1 million jobs have been ilies have opened their homes to these chil- AMERICAN COMMITTEE FOR A lost. In October 2011, the unemployment rate dren and provided resources and opportunities BETTER COMMUNITY’S 45TH AN- remains firm at 9 percent, and it is much high- that allowed them to have a chance of claim- NIVERSARY er in many states like Florida, at 10.6 percent, ing the American Dream. and it has topped 11 percent in Michigan, Unfortunately out of the 463,000 children liv- HON. DENNIS J. KUCINICH California, South Carolina, and the District of ing in foster care, about 107,000 are available Columbia. OF OHIO for adoption. 65% of children who are not IN THE HOUSE OF REPRESENTATIVES Over the past year, unemployment rates placed in a permanent home emancipate themselves from the system often left unem- Friday, November 18, 2011 have increased in all 50 states and the District of Columbia. The scope of the economic ployed, without a place to live and resorting to Mr. KUCINICH. Mr. Speaker, I rise today in downturn is so large that its impact is felt vir- homeless shelters. Less than 3 percent go on recognition of the Spanish American Com- tually everywhere along the economic spec- to college and emancipated females end up mittee for a Better Community, an organization trum. four times more likely to receive public assist- that has been addressing the most pressing ance compared to the overall population of the issues of the Hispanic/Latino community living While Americans lose their jobs and their in- United States. in Cleveland since 1966. It is celebrating its comes shrink, too often, they face the loss of Measures by the government have been im- 45th anniversary on November 18, 2011. their family’s health insurance and, subse- plemented to increase the adoption rate and The Spanish American Committee for a Bet- quent to the loss of income, even their hous- make the process of adoption easier for fami- ter Community is the oldest and largest His- ing. According to an American Psychological lies who seek to adopt. The Affordable Care panic human services organization in Ohio Association September 2010 report, money Act increases and improves the Adoption Tax and serves more than 5,500 people annually. (76 percent), work (70 percent) and the econ- Credit. It allows the process of adoption to be Its vision is to continuously enhance programs omy (65 percent) remain the most frequently accessible and affordable for families who and services designed to foster self-suffi- cited sources of stress for Americans. Perhaps want to nurture, care, uplift and open their ciency, career readiness, and wealth creation even more disturbing, calls to the National home to a child. States can also receive infor individuals, children, and families, with a Suicide Prevention Lifeline have increased by centives for increasing adoptions of children goal of creating socioeconomic stability in the more than 72 percent from 2007 to 2010. adopted from foster care. A project by the De- community and in the entire Northeast Ohio Mr. Speaker, the mental health of the Amer- partment of Health and Human Services, region. It offers programming in several areas ican worker will be integral on the road to eco- AdoptUsKids, offers support to States and including family support, early childhood en- nomic recovery. Congress must face this prob- even tribes and territories to recruit adoptive richment, educational training, home owner- lem head on and help the very people who parents. The project also provides assistance ship counseling and employment training. are facing unemployment, loss of health insur- and help to families considering adoption or The success achieved by the Spanish ance, home foreclosure, stress, increased vio- those who have begun the process. American Committee is acknowledged by out- Mr. Speaker, it is vital that we continue to lence, and depression. It is time that we cre- side organizations. The United Way recog- create more programs, events and activities ate this Commission and get our nation back nizes the Spanish American Committee as a that will enlighten citizens of the United States on track. partnering agency. The Spanish American on stories of children successfully placed in Committee is a national affiliate member of the I believe that we have a responsibility to en- permanent homes, debunk myths about the National Council of La Raza. Additionally, the sure the greatest possible assistance to our process and acknowledge the thousands of United States of America’s Department of nation’s workforce, whose commitment to eco- children who could potentially become a part Housing and Urban Development has certified nomic participation has been a defining fea- of these statistics. Through these efforts we the Spanish American Committee as a hous- ture of the cultural fabric of our country. I urge can increase the rate of adoption, decrease ing council site. my colleagues to support this legislation. the rate of homelessness among the youths in

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.037 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 18, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2107 this group and help develop future leaders and month. Women fare worse than men, with MILFORD HIGH SCHOOL STATE innovative thinkers of tomorrow. 56% economically disadvantaged compared to CHAMPION CROSS COUNTRY TEAM To the families who have opened their 30% of men. Weekly earnings vary by age hearts and homes to these children we cele- and gender. Men aged 55 and older have the HON. THADDEUS G. McCOTTER brate you and your efforts to change the lives highest average weekly earnings at $965, OF MICHIGAN of these children. As the rest of us enjoy and while women earn $744. IN THE HOUSE OF REPRESENTATIVES share the company of our children and ex- In August 2011, 1.7 million Americans aged Friday, November 18, 2011 tended family members, let us not forget those 55 and older were actively seeking work. The children who will not have the same oppor- unemployment rate for mature workers in this Mr. MCCOTTER. Mr. Speaker, today I rise tunity to do the same. Let us not forget the age group is 6.6 percent. The average dura- to acknowledge Michigan’s Division 1 State children who will not be able to celebrate the tion of looking for employment is 44.6 weeks. Champion Cross Country team from Milford holiday season in a warm, loving, and happy These are only a few statistics highlighting High School. On November 5, 2011 the Mil- home they can call their own. Let us remem- the economic difficulties many of our nation’s ford Mavericks outran the Hartland Eagles to ber these children and work towards positively elders face. claim the title, placing three runners among affecting these children’s lives and securing I believe that reducing the federal budget the state’s top five finalists. their success in the future. deficit is important to our nation’s economic fu- After a season that saw great success in f ture and will require difficult choices and both dual meets and invitationals, Milford won shared sacrifice. However, spending cuts can- the West Division of the Lakes Conference in THE NEED TO PROTECT the Kensington Lakes Activities Association PROGRAMS FOR SENIORS not be made at the expense of economically disadvantaged seniors. Due to the recent eco- with a record of 5–0. The Eagles placed 2nd nomic downturn, more seniors than ever need in the talent laden Lakes Conference meet be- HON. MIKE ROSS assistance and support to make ends meet. hind Hartland. Moving on to the undeniably OF ARKANSAS The Super Committee and Congress must toughest MHSAA Regional, the Eagles’ 55 IN THE HOUSE OF REPRESENTATIVES be mindful of this as any possible changes are point total topped conference rivals Hartland Friday, November 18, 2011 made to senior related programs and benefits. and Lakeland with 83 and 94, respectively. Head Coach Brian Salyer’s harriers were Mr. ROSS of Arkansas. Mr. Speaker, earlier f determined to take the state title as the start- this summer, Congress passed a bipartisan, er’s pistol sounded at Michigan International compromise agreement—known as the Budg- BALANCED BUDGET AMENDMENT Speedway. The Kensington Lake Activities As- et Control Act of 2011—to raise the debt ceil- FROM NOVEMBER 18TH sociation Lakes Conference placed an incred- ing in two stages by 2013. The new law cuts ible four teams in the top five state finalists. spending by more than it increases the debt HON. DAN BURTON Milford avenged the stinging conference loss limit and it does not raise any taxes. to Hartland by legging out a 1st place finish of Specifically, the Budget Control Act will re- OF INDIANA 128 over 2nd place Hartland’s 172. Waterford duce the deficit by more than $2 trillion over IN THE HOUSE OF REPRESENTATIVES Mott took 3rd with 177 and Lakeland finished the next 10 years. To do so, it directly speci- Friday, November 18, 2011 5th with 188. fies $917 billion in deficit cuts now and re- Mr. Speaker, the 2011 Milford Mustangs de- quires at least an additional $1.2 trillion in sav- Mr. BURTON of Indiana. Madam Speaker, serve to be recognized for their determination, ings by December 23, 2011. Tasked with find- today the House, as required by the Budget achievement and spirit, and I am very proud of ing these deficit cuts is the 12-member, bipar- Control Act, voted on a Balanced Budget their fortitude and effort. I ask my colleagues tisan and bicameral Joint Committee on Deficit Amendment (BBA) to the Constitution. It is to join me in congratulating the Mavericks for Reduction, also known as the ‘‘Super Com- disheartening that we could not get the re- obtaining this spectacular title and in honoring mittee.’’ quired two-thirds votes needed to pass the their devotion to our community and country. BBA. With the National Debt topping $15 Tril- According to the new law, the Super Com- f mittee must recommend a plan to Congress lion this week and our country continues to by November 23, 2011, that cuts the deficit by reel from the effects of irresponsible govern- ON THE OCCASION OF DANIEL at least $1.2 trillion in ten years. Then, Con- ment spending, now more than ever, Con- BENTON’S RETIREMENT FROM gress has until December 23, 2011, to pass gress needed to take bold action to perma- THE BERKLEY CITY COUNCIL the plan on a straight up-or-down vote, mean- nently stanch the bleeding.’’ AFTER FIFTEEN YEARS OF ing no amendments and no filibusters allowed. Unfortunately, the BBA was dead on arrival SERVICE If Congress fails to pass the plan or comes up in the House after President Obama an- short, then across-the-board spending cuts nounced his formal opposition to the legisla- HON. GARY C. PETERS would automatically take effect, split evenly tion. Today’s vote proves that Washington is OF MICHIGAN among defense and non-defense spending. not serious about solving our Nation’s spend- IN THE HOUSE OF REPRESENTATIVES As we are approaching the November 23 ing problem. Forty-nine out of fifty states have deadline, I continue to believe that we need to set an example for Washington by passing Friday, November 18, 2011 make serious changes to our budget that will BBA’s of their own. As Hoosier families con- Mr. PETERS. Mr. Speaker, I rise today to provide necessary savings to help stabilize our tinue to struggle to live within their means, the recognize Mr. Daniel Benton for his fifteen long-term financial security. However, any President and House Democrats clearly be- years of leadership in the Berkley, Michigan changes that take place over the long run lieve those same rules shouldn’t apply to Big community as a City Councilman. must not be at the expense of our seniors. We Government. Washington continues to borrow A resident of Berkley since 1979, Dan has absolutely cannot reduce the deficit by cutting 40 cents of every dollar it spends, robbing been an active member of the community, seniors’ benefits or jeopardizing the stability of Peter to pay Paul in a vain attempt to perpet- working to improve the lives of its residents. programs that they rely on. This is not what I uate the existence of the federal government’s With his wife, Carol, he raised their three want and this is not what the American people bloated bureaucracies. The system is broken sons, all of whom attended Berkley Public want. and they simply refused to see the reason in Schools. Outside of his own family, Dan’s val- Over 20 million Americans aged 60 and this common sense measure. The President ues are evident in his support of local Park older are economically insecure—living at or and his like minded cronies instead have cho- and Recreation programs like Hoops Basket- below 250 percent of the federal poverty level sen to reduce this debate to election year ball and Dad’s Club Baseball, which promote (FPL). The FPL does not account for the rising scare tactics by falsely claiming to seniors that athletic programs that help local youth make cost of living seniors experience as they age, the BBA will kill Social Security and Medicare healthy life choices. And, as a dentist, Dan which can include illness, loss of a spouse, or all the while continuing to stoke the coals of also operates his own practice within Berkley, care for a disabled spouse, adult dependent their burgeoning class war, rather than work providing area residents with important child, or grandchildren. with their colleagues across the aisle to stave healthcare services. Many seniors rely on fixed incomes, receiv- off out of control spending and get American’s One area of particular focus for Dan’s activ- ing on average $1,081 in Social Security ben- back to work. In defeating the balanced budg- ism has been the Berkley Public Library, efits, $401.70 in Supplemental Security In- et amendment they have made their priorities which he has supported in many different ca- come, and/or $297 in public assistance each clear. pacities over the years. He served the library

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.040 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS E2108 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2011 both as an elected board member and then introduced the Rebuilding America’s Schools while far from perfect—marks a distinct and bi- later as a member of the Friends of the Berk- Act, which would increase aid for school con- partisan improvement over the House’s origi- ley Library. Dan was also on the Library Build- struction and renovation across the country. nal product. Today’s bill restores key investing Committee which oversaw the expansion My passion for improving our children’s edu- ments in jobs, innovation and public safety of the library and the acquisition of new mate- cation is also why I continue to fight alongside that were eliminated in the original House bills. rials. Thanks to his work and those of his col- President Barack Obama to pass the DREAM In addition, we have removed the extreme pol- leagues, the newly renovated library opened in Act, which would provide 360,000 high school icy riders on issues ranging from Wall Street 1998 and has continued to be a valuable re- graduates who are undocumented with a legal reform to women’s health. Additionally, in source for the community. means to work and attend college, and could order to give the Appropriations Committees Beyond his advocacy and support of the provide incentives for another 715,000 chil- time to complete the rest of their FY 2012 Berkley Public Library, Dan is involved in dren of illegal immigrants between the ages of work, H.R. 2112 extends the current Con- many other local organizations and projects 5 and 17 to finish high school and pursue tinuing Resolution through December 16, geared toward strengthening the community. higher education. 2011. As a concerned citizen, prior to his election to I strongly believe that we must give every This conference report includes the Agri- the City Council, Dan served on the Planning possible amount of support to our students, culture-FDA, Commerce-Justice-Science and Commission, working to secure continued fu- teachers and educators so that future genera- Transportation-HUD Appropriations bills for FY ture prosperity for Berkley residents. In further- tions of Americans will have the ability to suc- 2012. Consistent with the $1.043 trillion cap ance of that goal, Dan also helped establish ceed in a global economy and face the chal- on discretionary spending for FY 2012 set the Woodward 5, a local association of sur- lenges of tomorrow. forth in the Budget Control Act, these three bills contain $128 billion in discretionary rounding communities and school districts I would like to recognize all the public and spending, with associated mandatory spending along the Woodward Corridor dedicated to charter schools in our District, and the numer- and transportation trust funds bringing the total promoting the region to prospective busi- ous unions and organizations dedicated to to $297 billion. An additional $2.3 billion is nesses and residents. As a Berkley resident educating our community such as the United provided for emergency disaster relief. passionate about the health of his city, Dan Federation of Teachers, the New York State The final Agricultural-FDA bill provides a United Teachers, the Support Workers’ Union, has also organized annual sweep operations, total of $105.6 billion for domestic food assist- Harlem YMCA, Harlem Children’s Zone, Har- which bring Berkley residents together to ance programs, including $80.4 billion for the lem Center for Education, Children’s Aid Soci- clean up the city’s downtown area. Supplemental Nutrition Assistance Program, ety of East Harlem Center, and all the employ- Mr. Speaker, I ask my colleagues to join me SNAP, and $6.6 billion for the Women’s Infant ees of the New York City Department of Edu- today in recognizing Dan’s positive impact on and Children, WIC, program. This result is $33 cation. the Berkley community and wish him well in million more than the Senate mark and $9.3 I would also like to encourage all the stu- his retirement from the Berkley City Council. billion more than the original House bill, which dents in our District to keep working hard and As a true advocate for building a strong com- is appropriate given the increased demand for munity, I know Dan’s work on behalf of his city reach for the stars because you are our future. food aid during this economic recovery. The and its residents will be felt far into the future. f Food and Drug Administration receives $2.5 I wish Dan many years of happiness and trust PERSONAL EXPLANATION billion, which is $334 million more than the he will continue to advocate for the brightest original House level, and will allow FDA to future for Berkley and its residents. continue implementing the landmark Food f HON. ADAM SMITH Safety and Modernization Act to better protect OF WASHINGTON the estimated 48 million Americans sickened PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES by food-borne illness each year. Of concern in Friday, November 18, 2011 the final Agricultural-FDA bill is misguided lan- HON. JUDY BIGGERT guage barring USDA from implementing new Mr. SMITH of Washington. Mr. Speaker, on child nutrition standards and clearly inad- OF ILLINOIS Friday, November 4, 2011, I was unable to be IN THE HOUSE OF REPRESENTATIVES equate funding for the Commodity Futures present for part of a series of recorded votes. Trading Commission which has been charged Friday, November 18, 2011 Had I been present, I would have voted: ‘‘no’’ with regulating the rampant speculation that on rollcall vote No. 830 (on Agreeing to the Mrs. BIGGERT. Mr. Speaker, on rollcall No. helped precipitate the financial crisis. Now is Resolution H. Res. 455, providing for consid- not the time to be under-resourcing our regu- 856 I was unavoidably detained. Had I been eration of the bill H.R. 2838), ‘‘yes’’ on rollcall present, I would have voted ‘‘yea’’. latory cops in this demonstrably troubled vote No. 831 (on the Motion to Suspend the neighborhood. f Rules and Pass H.R. 3321), ‘‘yes’’ on rollcall The final Commerce-Justice-Science bill al- RECOGNIZING NATIONAL vote No. 832 (on Agreeing to the Cummings locates $751 million to the National Institute of EDUCATION WEEK Amendment to H.R. 2838), ‘‘yes’’ on rollcall Standards and Technology, NIST, including vote No. 833 (on Agreeing to the Thompson $128 million for the Manufacturing Extension Amendment to H.R. 2838), ‘‘yes’’ on rollcall Partnership Program to provide training and HON. CHARLES B. RANGEL vote No. 834 (on Agreeing to the Napolitano technical assistance to U.S. manufacturers. OF NEW YORK Amendment to H.R. 2838), ‘‘yes’’ on rollcall The National Science Foundation, NSF, re- IN THE HOUSE OF REPRESENTATIVES vote No. 835 (on Agreeing to the Bishop ceives $7 billion, or $173 million above FY Amendment to H.R. 2838), and ‘‘yes’’ on roll- Friday, November 18, 2011 2011, to enhance the basic research nec- call vote No. 836 (on Agreeing to the Slaugh- essary to accelerate innovation and enhance Mr. RANGEL. Mr. Speaker, I rise to recog- ter Amendment to H.R. 2838). U.S. competitiveness. And the National Aero- nize National Education Week, which was es- f nautics and Space Administration, NASA, is tablished 90 years ago, and is taking place funded at $17.8 billion, which is a 6 percent from November 14–19, 2011. CONFERENCE REPORT ON H.R. 2112, increase over the original House level and in- I ask all of my constituents to please join CONSOLIDATED AND FURTHER cludes $529.6 million for NASA’s James Webb the National Education Association (NEA) and CONTINUING APPROPRIATIONS Space Telescope. myself in celebrating National Education ACT, 2012 Finally, I’m pleased that the final Transpor- Week. It is a wonderful opportunity for us to tation-HUD contains $18.9 billion for Section 8 SPEECH OF honor the hard work of our students, dedica- vouchers and $9.34 billion for the project- tion of our teachers, educators, and all those HON. CHRIS VAN HOLLEN based Section 8 program, as well as $45 mil- in our community who help our students to OF MARYLAND lion in housing counseling, which was not succeed. IN THE HOUSE OF REPRESENTATIVES funded in FY 2011. Additionally, the THUD Providing high quality education to every title in today’s conference report preserves student in our Manhattan Congressional Dis- Thursday, November 17, 2011 funding for key transit priorities, including trict and across America has always been one Mr. VAN HOLLEN. Mr. Speaker, I rise in $10.6 billion for the FTA, $1.95 billion for New of my life’s top priorities. This past summer I support of today’s appropriations bills, which— Starts, $500 million for TIGER grants and

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.044 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS November 18, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2109 $150 million for the Washington Metropolitan high speed rail funding and cuts Community ing through these issues on a bipartisan basis Area Transportation Authority, WMATA. Unfor- Development Block Grants by 12 percent. in a fiscally constrained environment and tunately, this bill also mistakenly zeroes out Mr. Speaker, while I do not agree with every bringing this much improved product to the choice made in this legislation, I commend my floor today. colleagues on both sides of the aisle for work-

VerDate Mar 15 2010 07:02 Nov 19, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.048 E18NOPT1 tjames on DSK6SPTVN1PROD with REMARKS Friday, November 18, 2011 Daily Digest Senate Kapaun of the United States Army for acts of valor Chamber Action during the Korean War. Page S7821 Routine Proceedings, pages S7785–S7877 Levin (for McCain/Levin) Amendment No. 1106, Measures Introduced: Ten bills and three resolu- to require a report on the status of the implementa- tions were introduced, as follows: S. 1905–1914, and tion of accepted recommendations in the Final Re- port of the 2010 Army Acquisition Review panel. S. Res. 334–336. Page S7829 Page S7821 Measures Passed: Casey Amendment No. 1140, to require a report Blue Star Mothers of America: Committee on the by the Comptroller General on Department of De- Judiciary was discharged from further consideration fense military spouse employment programs. of S. 1541, to revise the Federal charter for the Blue Pages S7786, S7821 Star Mothers of America, Inc. to reflect a change in Levin (for Levin/Webb) Amendment No. 1219, to eligibility requirements for membership, and the bill provide authority to order Army Reserve, Navy Re- serve, Marine Corps Reserve, and Air Force Reserve was then passed. Page S7874 to active duty to provide assistance in response to a Honoring the Life of Evelyn H. Lauder: Senate major disaster or emergency. Pages S7821–22 agreed to S. Res. 335, honoring the life and legacy Pending: of Evelyn H. Lauder. Pages S7874–75 Levin/McCain Amendment No. 1092, to bolster Collection of Charitable Donations: Senate the detection and avoidance of counterfeit electronic agreed to S. Res. 336, to permit the collection of parts. Page S7785 clothing, toys, food, and housewares during the holi- McConnell (for Kirk) Amendment No. 1084, to day season for charitable purposes in Senate build- require the President to impose sanctions on foreign financial institutions that conduct transactions with ings. Pages S7875–76 the Central Bank of Iran. Page S7785 Measures Considered: Leahy Amendment No. 1072, to enhance the na- Department of Defense Authorization Act— tional defense through empowerment of the National Agreement: Senate continued consideration of S. Guard, enhancement of the functions of the National 1867, to authorize appropriations for fiscal year 2012 Guard Bureau, and improvement of Federal-State for military activities of the Department of Defense, military coordination in domestic emergency re- for military construction, and for defense activities of sponse. Page S7785 the Department of Energy, to prescribe military per- Paul/Gillibrand Amendment No. 1064, to repeal sonnel strengths for such fiscal year, taking action on the Authorization for Use of Military Force Against the following amendments proposed thereto: Iraq Resolution of 2002. Page S7785 Merkley Amendment No. 1174, to express the Pages S7785–S7824 sense of Congress regarding the expedited transition Adopted: of responsibility for military and security operations Ayotte (for McCain) Amendment No. 1071, to rein Afghanistan to the Government of Afghanistan. quire the Secretary of Defense to report on all infor- Page S7785 mation with respect to the Evolved Expendable Feinstein Amendment No. 1125, to clarify the ap- Launch Vehicle program that would be required if plicability of requirements for military custody with the program were designated as a major defense ac- respect to detainees. Page S7785 quisition program not in the sustainment phase. Feinstein Amendment No. 1126, to limit the au- Pages S7807, S7820–21 thority of the Armed Forces to detain citizens of the Levin (for Roberts/Moran) Amendment No. 1086, United States under section 1031. Page S7785 to authorize and request the President to award the Udall (CO) Amendment No. 1107, to revise the Medal of Honor posthumously to Captain Emil provisions relating to detainee matters. Page S7785 D1250

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Page S7786 lumbia National Guard Youth Challenge Program in Inhofe Amendment No. 1099, to express the sense Anne Arundel County, Maryland. Page S7785 of Congress that the Secretary of Defense should im- Begich Amendment No. 1114, to amend title 10, plement the recommendations of the Comptroller United States Code, to authorize space-available trav- General of the United States regarding prevention, el on military aircraft for members of the reserve abatement, and data collection to address hearing in- components, a member or former member of a re- juries and hearing loss among members of the serve component who is eligible for retired pay but Armed Forces. Page S7786 for age, widows and widowers of retired members, Inhofe Amendment No. 1100, to extend to prod- and dependents. Pages S7785, S7822 ucts and services from Latvia existing temporary au- Begich Amendment No. 1149, to authorize a land thority to procure certain products and services from conveyance and exchange at Joint Base Elmendorf countries along a major route of supply to Afghani- stan. Page S7786 Richardson, Alaska. Pages S7785, S7822–24 Shaheen Amendment No. 1120, to exclude cases Inhofe Amendment No. 1101, to strike section in which pregnancy is the result of an act of rape 156, relating to a transfer of Air Force C–12 aircraft or incest from the prohibition on funding of abor- to the Army. Page S7786 Inhofe Amendment No. 1102, to require a report tions by the Department of Defense. Page S7785 on the feasibility of using unmanned aerial systems Collins Amendment No. 1105, to make perma- to perform airborne inspection of navigational aids in nent the requirement for certifications relating to the foreign airspace. Page S7786 transfer of detainees at United States Naval Station, Inhofe Amendment No. 1093, to require the de- Guantanamo Bay, Cuba, to foreign countries and tention at United States Naval Station, Guantanamo other foreign entities. Page S7785 Bay, Cuba, of high-value enemy combatants who Collins Amendment No. 1155, to authorize edu- will be detained long-term. Page S7786 cational assistance under the Armed Forces Health Casey Amendment No. 1215, to require a certifi- Professions Scholarship program for pursuit of ad- cation on efforts by the Government of Pakistan to vanced degrees in physical therapy and occupational implement a strategy to counter improvised explo- Page S7785 therapy. sive devices. Page S7786 Collins Amendment No. 1158, to clarify the per- Casey Amendment No. 1139, to require contrac- manence of the prohibition on transfers of recidivist tors to notify small business concerns that have been detainees at United States Naval Station, Guanta- included in offers relating to contracts let by Federal namo Bay, Cuba, to foreign countries and entities. agencies. Page S7786 Page S7785 McCain (for Cornyn) Amendment No. 1200, to Collins/Shaheen Amendment No. 1180, relating provide Taiwan with critically needed United States- to man-portable air-defense systems originating from built multirole fighter aircraft to strengthen its self- Libya. Page S7785 defense capability against the increasing military Inhofe Amendment No. 1094, to include the De- threat from China. Pages S7787–88 partment of Commerce in contract authority using McCain (for Ayotte) Amendment No. 1066, to competitive procedures but excluding particular modify the Financial Improvement and Audit Readi- sources for establishing certain research and develop- ness Plan to provide that a complete and validated ment capabilities. Page S7785 full statement of budget resources is ready by not Inhofe Amendment No. 1095, to express the sense later than September 30, 2014. Page S7788 of the Senate on the importance of addressing defi- McCain (for Ayotte) Modified Amendment No. ciencies in mental health counseling. Page S7785 1067, to require notification of Congress with re- Inhofe Amendment No. 1096, to express the sense spect to the initial custody and further disposition of of the Senate on treatment options for members of members of al-Qaeda and affiliated entities. the Armed Forces and veterans for Traumatic Brain Page S7788 Injury and Post Traumatic Stress Disorder. McCain (for Ayotte) Amendment No. 1068, to Page S7785 authorize lawful interrogation methods in addition

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Page S7789 Page S7795 McCain (for Brown (MA)) Amendment No. 1090, Levin (for Gillibrand/Blunt) Amendment No. to provide that the basic allowance for housing in ef- 1211, to authorize the Secretary of Defense to pro- fect for a member of the National Guard is not re- vide assistance to State National Guards to provide duced when the member transitions between active counseling and reintegration services for members of duty and full-time National Guard duty without a reserve components of the Armed Forces ordered to break in active service. Page S7789 active duty in support of a contingency operation, McCain (for Brown (MA)) Amendment No. 1089, members returning from such active duty, veterans to require certain disclosures from post-secondary in- of the Armed Forces, and their families. Page S7795 stitutions that participate in tuition assistance pro- Merkley Amendment No. 1239, to expand the grams of the Department of Defense. Page S7789 Marine Gunnery Sergeant John David Fry scholar- McCain (for Wicker) Amendment No. 1056, to ship to include spouses of members of the Armed provide for the freedom of conscience of military Forces who die in the line of duty. Page S7796 chaplains with respect to the performance of mar- Merkley Amendment No. 1256, to require a plan riages. Page S7789 for the expedited transition of responsibility for mili- McCain (for Wicker) Amendment No. 1116, to tary and security operations in Afghanistan to the improve the transition of members of the Armed Government of Afghanistan. Page S7796 Forces with experience in the operation of certain Merkley Amendment No. 1257, to require a plan motor vehicles into careers operating commercial for the expedited transition of responsibility for mili- motor vehicles in the private sector. Pages S7789–90 tary and security operations in Afghanistan to the Udall (NM) Amendment No. 1153, to include Government of Afghanistan. Page S7796 ultralight vehicles in the definition of aircraft for Merkley Amendment No. 1258, to require the purposes of the aviation smuggling provisions of the timely identification of qualified census tracts for Tariff Act of 1930. Pages S7790, S7791 purposes of the HUBZone program. Pages S7796–99 Udall (NM) Amendment No. 1154, to direct the Leahy Amendment No. 1087, to improve the pro- Secretary of Veterans Affairs to establish an open visions relating to the treatment of certain sensitive burn pit registry to ensure that members of the national security information under the Freedom of Armed Forces who may have been exposed to toxic Information Act. Pages S7799–S7801 chemicals and fumes caused by open burn pits while Leahy/Grassley Amendment No. 1186, to provide deployed to Afghanistan or Iraq receive information the Department of Justice necessary tools to fight regarding such exposure. Pages S7790, S7791 fraud by reforming the working capital fund. Udall (NM)/Schumer Amendment No. 1202, to Page S7801 clarify the application of the provisions of the Buy Wyden/Merkley Amendment No. 1160, to pro- American Act to the procurement of photovoltaic vide for the closure of Umatilla Army Chemical devices by the Department of Defense. Depot, Oregon. Pages S7801–02 Pages S7790, S7791–94 Wyden Amendment No. 1253, to provide for the McCain (for Corker) Amendment No. 1171, to retention of members of the reserve components on prohibit funding for any unit of a security force of active duty for a period of 45 days following an ex- Pakistan if there is credible evidence that the unit tended deployment in contingency operations or maintains connections with an organization known homeland defense missions to support their re- to conduct terrorist activities against the United integration into civilian life. Pages S7801–04 States or United States allies. Page S7794 Ayotte (for Graham) Amendment No. 1179, to McCain (for Corker) Amendment No. 1172, to re- specify the number of judge advocates of the Air quire a report outlining a plan to end reimburse- Force in the regular grade of brigadier general. ments from the Coalition Support Fund to the Gov- Page S7804 ernment of Pakistan for operations conducted in sup- Ayotte (for McCain) Modified Amendment No. port of Operation Enduring Freedom. Page S7794 1230, to modify the annual adjustment in enroll- McCain (for Corker) Amendment No. 1173, to ment fees for TRICARE Prime. Page S7806 express the sense of the Senate on the North Atlantic Ayotte (for Heller/Kirk) Amendment No. 1137, Treaty Organization. Page S7794 to provide for the recognition of Jerusalem as the

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Page S7805 the Armed Forces of the United States pursuant to Ayotte (for McCain) Amendment No. 1247, to re- the Authorization for Use of Military Force. strict the authority of the Secretary of Defense to de- Pages S7808–11 velop public infrastructure on Guam until certain Levin (for Reed) Amendment No. 1146, to pro- conditions related to Guam realignment have been vide for the participation of military technicians met. Page S7805 (dual status) in the study on the termination of mili- Ayotte (for McCain) Amendment No. 1246, to es- tary technician as a distinct personnel management tablish a commission to study the United States category. Page S7811 Force Posture in East Asia and the Pacific region. Levin (for Reed) Amendment No. 1147, to pro- Pages S7805–06 hibit the repayment of enlistment or related bonuses Ayotte (for McCain) Amendment No. 1229, to by certain individuals who become employed as provide for greater cybersecurity collaboration be- military technicians (dual status) while already a tween the Department of Defense and the Depart- member of a reserve component. Page S7811 ment of Homeland Security. Page S7806 Levin (for Reed) Amendment No. 1148, to pro- Ayotte (for McCain/Ayotte) Amendment No. vide rights of grievance, arbitration, appeal, and re- 1249, to limit the use of cost-type contracts by the view beyond the adjutant general for military techni- Department of Defense for major defense acquisition cians. Page S7811 programs. Pages S7806–07 Levin (for Reed) Amendment No. 1204, to au- Ayotte (for McCain) Amendment No. 1220, to re- thorize a pilot program on enhancements of Depart- quire Comptroller General of the United States re- ment of Defense efforts on mental health in the Na- ports on the Department of Defense implementation tional Guard and Reserves through community part- of justification and approval requirements for certain nerships. Page S7812 sole-source contracts. Page S7807 Levin (for Reed) Amendment No. 1294, to en- Ayotte (for McCain/Ayotte) Amendment No. 1132, to require a plan to ensure audit readiness of hance consumer credit protections for members of the Armed Forces and their dependents. Page S7812 statements of budgetary resources. Page S7807 Ayotte (for McCain) Amendment No. 1248, to Levin Amendment No. 1293, to authorize the expand the authority for the overhaul and repair of transfer of certain high-speed ferries to the Navy. vessels to the United States, Guam, and the Com- Pages S7812–13 monwealth of the Northern Mariana Islands. Levin (for Boxer) Amendment No. 1206, to im- Page S7807 plement common sense controls on the taxpayer- Ayotte (for McCain) Amendment No. 1250, to refunded salaries of defense contractors. Page S7813 quire the Secretary of Defense to submit a report on Levin (for Menendez) Amendment No. 1292, to the probationary period in the development of the require the President to impose sanctions with re- short take-off, vertical landing variant of the Joint spect to the Central Bank of Iran if the President de- Strike Fighter. Page S7807 termines that the Central Bank of Iran has engaged Ayotte (for McCain) Amendment No. 1118, to in conduct that threatens the national security of the modify the availability of surcharges collected by United States or allies of the United States. commissary stores. Pages S7807–08 Pages S7813–14 Sessions Amendment No. 1182, to prohibit the Chambliss Amendment No. 1304, to require a re- permanent stationing of more than two Army Bri- port on the reorganization of the Air Force Materiel gade Combat Teams within the geographic bound- Command. Pages S7814–17 aries of the United States European Command. Levin (for Brown (OH)) Amendment No. 1259, to Page S7808 link domestic manufacturers to defense supply chain Sessions Amendment No. 1183, to require the opportunities. Page S7817 maintenance of a triad of strategic nuclear delivery Levin (for Brown (OH)) Amendment No. 1260, to systems. Page S7808 strike section 846, relating to a waiver of ‘‘Buy Sessions Amendment No. 1184, to limit any re- American’’ requirements for procurement of compo- duction in the number of surface combatants of the nents otherwise producible overseas with specialty Navy below 313 vessels. Page S7808 metal not produced in the United States. Page S7817

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Page S7817 strike the national security waiver authority in sec- Levin (for Brown (OH)) Amendment No. 1263, to tion 1032, relating to requirements for military cus- authorize the conveyance of the John Kunkel Army tody. Page S7820 Reserve Center, Warren, Ohio. Pages S7817–18 Ayotte (for Rubio) Amendment No. 1291, to Levin (for Leahy) Amendment No. 1080, to clarify strike the national security waiver authority in sec- the applicability of requirements for military custody tion 1033, relating to requirements for certifications with respect to detainees. Page S7818 relating to transfer of detainees at United States Levin (for Wyden) Amendment No. 1296, to re- Naval Station, Guantanamo Bay, Cuba, to foreign quire reports on the use of indemnification agree- countries and entities. Page S7820 ments in Department of Defense contracts. A unanimous-consent agreement was reached pro- Page S7818 viding that Senate resume consideration of the bill Levin (for Pryor) Amendment No. 1151, to au- at approximately 1 p.m., on Monday, November 28, thorize a death gratuity and related benefits for Re- 2011. Page S7873 serves who die during an authorized stay at their res- Authorizing Leadership To Make Appoint- idence during or between successive days of inactive ments—Agreement: A unanimous-consent agree- duty training. Page S7818 ment was reached providing that, notwithstanding Levin (for Pryor) Amendment No. 1152, to recog- the upcoming recess or adjournment of the Senate, nize the service in the reserve components of the the President of the Senate, the President Pro Tem- Armed Forces of certain persons by honoring them pore, and the Majority and Minority Leaders be au- with status as veterans under law. Page S7818 thorized to make appointments to commissions, Levin (for Nelson (FL)) Amendment No. 1209, to committees, boards, conferences, or interparliamen- repeal the requirement for reduction of survivor an- tary conferences authorized by law, by concurrent ac- nuities under the Survivor Benefit Plan by veterans’ tion of the two Houses, or by order of the Senate. dependency and indemnity compensation. Page S7876 Pages S7818–19 Signing Authority—Agreement: A unanimous- Levin (for Nelson (FL)) Amendment No. 1210, to consent agreement was reached providing that from require an assessment of the advisability of sta- Friday, November 18, 2011 through Monday, No- tioning additional DDG–51 class destroyers at Naval vember 28, 2011, the Majority Leader, be authorized Station Mayport, Florida. Page S7819 to sign duly enrolled bills or joint resolutions. Levin (for Nelson (FL)) Amendment No. 1236, to Page S7876 require a report on the effects of changing flag officer positions within the Air Force Material Com- Pro Formas—Agreement: A unanimous-consent mand. Page S7819 agreement was reached providing that Senate adjourn Levin (for Nelson (FL)) Amendment No. 1255, to until 11 a.m., on Tuesday, November 22, 2011 for require an epidemiological study on the health of a pro forma session only with no business conducted, military personnel exposed to burn pit emissions at and that following the pro forma session, Senate ad- Joint Base Balad. Page S7819 journ until 10:30 a.m., on Friday, November 25, Ayotte (for McCain) Amendment No. 1281, to re- 2011 for a pro forma session only with no business quire a plan for normalizing defense cooperation conducted, and that following the pro forma session, with the Republic of Georgia. Page S7819 Senate adjourn until 1 p.m., on Monday, November Ayotte (for Blunt/Gillibrand) Amendment No. 28, 2011. Page S7876 1133, to provide for employment and reemployment Droney Nomination—Agreement: A unanimous- rights for certain individuals ordered to full-time consent-time agreement was reached providing that National Guard duty. Page S7820 at 5 p.m., on Monday, November 28, 2011, Senate Ayotte (for Blunt) Amendment No. 1134, to re- begin consideration of the nomination of Christopher quire a report on the policies and practices of the Droney, of Connecticut, to be United States Circuit Navy for naming vessels of the Navy. Page S7820 Judge for the Second Circuit; that there be 30 min- Ayotte (for Murkowski) Amendment No. 1286, to utes for debate, equally divided in the usual form; require a Department of Defense Inspector General that upon the use or yielding back of time, Senate

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vote, without intervening action or debate, on con- Anneila I. Sargent, of California, to be a Member firmation of the nomination. Page S7873 of the National Science Board, National Science Judicial Nominations—Agreement: A unanimous- Foundation, for a term expiring May 10, 2016. consent-time agreement was reached providing that Catharine Friend Easterly, of the District of Co- a time to be determined by the Majority Leader, lumbia, to be an Associate Judge of the District of after consultation with the Republican Leader, but Columbia Court of Appeals for the term of fifteen not prior to December 5, 2011, Senate begin consid- years. eration of the following nominations: Edgardo Nancy Maria Ware, of the District of Columbia, Ramos, of Connecticut, to be United States District to be Director of the Court Services and Offender Judge for the Southern District of New York, An- Supervision Agency for the District of Columbia for drew L. Carter, Jr., of New York, to be United a term of six years. States District Judge for the Southern District of Ernest Mitchell, Jr., of California, to be Adminis- New York, and James Rodney Gilstrap, of Texas, to trator of the United States Fire Administration, Fed- be United States District Judge for the Eastern Dis- eral Emergency Management Agency, Department of trict of Texas; that there be a total of one hour for Homeland Security. debate, equally divided in the usual form; that upon Michael A. Khouri, of Kentucky, to be a Federal the use or yielding back of time, Senate vote, with- Maritime Commissioner for a term expiring June 30, out intervening action or debate, on confirmation of 2016. the nominations, in the order listed; provided fur- Dana Katherine Bilyeu, of Nevada, to be a Mem- ther, that no further motions be in order to any of ber of the Federal Retirement Thrift Investment the nominations. Page S7876 Board for a term expiring October 11, 2015. Nominations Confirmed: Senate confirmed the fol- David Avren Jones, of Connecticut, to be a Mem- lowing nominations: ber of the Federal Retirement Thrift Investment Winslow Lorenzo Sargeant, of Wisconsin, to be Board for a term expiring October 11, 2014. Chief Counsel for Advocacy, Small Business Admin- Cyrus Amir-Mokri, of New York, to be a Member istration. of the Board of Directors of the National Consumer Corinne Ann Beckwith, of the District of Colum- Cooperative Bank for a term of three years. bia, to be an Associate Judge of the District of Co- Michael A. Hughes, of the District of Columbia, lumbia Court of Appeals for the term of fifteen to be United States Marshal for the Superior Court years. of the District of Columbia for the term of four Claude M. Steele, of New York, to be a Member years. of the National Science Board, National Science Robert L. Sumwalt III, of South Carolina, to be Foundation, for a term expiring May 10, 2014. a Member of the National Transportation Safety Ronald David McCray, of Texas, to be a Member Board for a term expiring December 31, 2016. of the Federal Retirement Thrift Investment Board Pages S7873, S7876–77 for a term expiring September 25, 2012. Nominations Received: Senate received the fol- Ronald David McCray, of Texas, to be a Member lowing nominations: of the Federal Retirement Thrift Investment Board Margaret Ann Sherry, of Virginia, to be Chief Fi- for a term expiring September 25, 2016. nancial Officer, Department of Homeland Security. John Francis McCabe, of the District of Columbia, Sara A. Gelser, of Oregon, to be a Member of the to be an Associate Judge of the Superior Court of National Council on Disability for a term expiring the District of Columbia for the term of fifteen September 17, 2014. Page S7876 years. Peter Arno Krauthamer, of the District of Colum- Messages from the House: Page S7827 bia, to be an Associate Judge of the Superior Court Enrolled Bills Presented: Page S7827 of the District of Columbia for the term of fifteen Executive Communications: Pages S7827–29 years. Danya Ariel Dayson, of the District of Columbia, Additional Cosponsors: Pages S7829–31 to be an Associate Judge of the Superior Court of Statements on Introduced Bills/Resolutions: the District of Columbia for the term of fifteen Pages S7831–35 years. Amendments Submitted: Pages S7835–73 David A. Montoya, of Texas, to be Inspector Gen- eral, Department of Housing and Urban Develop- Privileges of the Floor: Page S7873 ment.

VerDate Mar 15 2010 00:33 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D18NO1.REC D18NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1256 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2011 Adjournment: Senate convened at 9 a.m. and adjourned at 3:54 p.m., until 11 a.m. on Tuesday, No- Committee Meetings vember 22, 2011. (For Senate’s program, see the re- (Committees not listed did not meet) marks of the Majority Leader in today’s Record on page S7876.) No committee meetings were held. h House of Representatives Suspension—Proceedings Resumed: The House Chamber Action failed to agree to suspend the rules and agree to the Public Bills and Resolutions Introduced: 32 pub- following measure. Consideration of the resolution lic bills, H.R. 3473–3504; 1 private bill, H.R. began yesterday, November 17th: 3505; and 6 resolutions, H.J. Res. 90; H. Con. Res. Proposing a balanced budget amendment to the 89–90; and H. Res. 472–474 were introduced. Constitution of the United States: H.J. Res. 2, Pages H7889–092 amended, to propose a balanced budget amendment Additional Cosponsors: Pages H7892–93 to the Constitution of the United States, by a 2⁄3 Reports Filed: Reports were filed today as follows: yea-and-nay vote of 261 yeas to 165 nays, Roll No. 858. Pages H7841–74 H.R. 10, to amend chapter 8 of title 5, United States Code, to provide that major rules of the exec- Meeting Hour: Agreed that when the House ad- utive branch shall have no force or effect unless a journs today, it adjourn to meet at 10 a.m. on Tues- joint resolution of approval is enacted into law, with day, November 22nd; when the House adjourns on an amendment (H. Rept. 112–278 Pt. 2) and that day, it adjourn to meet at 1 p.m. on Friday, H.R. 3012, to amend the Immigration and Na- November 25th; and when the House adjourns on tionality Act to eliminate the per-country numerical that day, it adjourn to meet at 2 p.m. on Tuesday, limitation for employment-based immigrants, to in- November 29th. Page H7875 crease the per-country numerical limitation for fam- America’s Cup Act of 2011: The House concurred ily-sponsored immigrants, and for other purposes, in the Senate amendment to H.R. 3321, to facilitate with an amendment (H. Rept. 112–292). Page H7889 the hosting in the United States of the 34th Amer- ica’s Cup by authorizing certain eligible vessels to Workforce Democracy and Fairness Act—Rule participate in activities related to the competition, for Consideration: The House agreed to H. Res. by unanimous consent. Pages H7875–76 470, the rule that is providing for consideration of H.R. 3094, to amend the National Labor Relations Senate Message: Message received from the Senate Act with respect to representation hearings and the by the Clerk and subsequently presented to the timing of elections of labor organizations under that House today appears on page H7840 . Act, by a yea-and-nay vote of 239 yeas to 167 nays, Senate Referrals: S. 99 was referred to the commit- Roll No. 859, after the previous question was or- tees on Energy and Commerce, Science, Space and dered without objection. Pages H7835–40, H7874–75 Technology, and the Budget. Pages H7840, H7888–89 Federal Courts Jurisdiction and Venue Clarifica- Quorum Calls—Votes: Two yea-and-nay votes de- tion Act of 2011: The House concurred in Senate veloped during the proceedings of today and appear amendment number 1 and concurred in Senate on pages H7874 and H7874–75. There were no amendment number 2 with an amendment to H.R. quorum calls. 394, to amend title 28, United States Code, to clar- Adjournment: The House met at 9 a.m. and ad- ify the jurisdiction of the Federal courts, by unani- journed at 4:19 p.m. mous consent. Page H7841 Appeal Time Clarification Act of 2011: The Committee Meetings House passed S. 1637, to clarify appeal time limits BUSINESS CHALLENGES WITHIN THE in civil actions to which United States officers or DEFENSE INDUSTRY employees are parties, by unanimous consent. Committee on Armed Services: Panel on Business Chal- Page H7841 lenges within the Defense Industry held a hearing on

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Tuesday, November 22 10 a.m., Tuesday, November 22

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

Extensions of Remarks, as inserted in this issue

HOUSE Gibson, Christopher P., N.Y., E2097 Payne, Donald M., N.J., E2095 Graves, Sam, Mo., E2096, E2098, E2099, E2101 Pence, Mike, Ind., E2094 Baca, Joe, Calif., E2095 Hahn, Janice, Calif., E2102 Peters, Gary C., Mich., E2097, E2103, E2107 Biggert, Judy, Ill., E2097, E2102, E2108 Hastings, Alcee L., Fla., E2098, E2106 Poe, Ted, Tex., E2099 Bishop, Sanford D., Jr., Ga., E2101 Holt, Rush D., N.J., E2103 Rahall, Nick J., II, W.Va., E2099 Bishop, Timothy H., N.Y., E2100 Inslee, Jay, Wash., E2093 Rangel, Charles B., N.Y., E2101, E2104, E2108 Blumenauer, Earl, Ore., E2104 Jackson, Jesse L., Jr., Ill., E2095 Richardson, Laura, Calif., E2106 Burgess, Michael C., Tex., E2105 Kildee, Dale E., Mich., E2102 Ross, Mike, Ark., E2107 Burton, Dan, Ind., E2102, E2105, E2107 Kind, Ron, Wisc., E2093, E2094 Schilling, Robert T., Ill., E2103 Calvert, Ken, Calif., E2097 King, Steve, Iowa, E2098 Smith, Adam, Wash., E2097, E2108 Castor, Kathy, Fla., E2105 Kucinich, Dennis J., Ohio, E2106 Thompson, Mike, Calif., E2101 Cleaver, Emanuel, Mo., E2102 Lamborn, Doug, Colo., E2096 Tiberi, Patrick J., Ohio, E2093 Costa, Jim, Calif., E2099 Latham, Tom, Iowa, E2096 Tipton, Scott R., Colo., E2093 Courtney, Joe, Conn., E2098 Levin, Sander M., Mich., E2099 Van Hollen, Chris, Md., E2104, E2108 Dingell, John D., Mich., E2100, E2104 McCarthy, Carolyn, N.Y., E2097 Webster, Daniel, Fla., E2094 Fitzpatrick, Michael G., Pa., E2094 McCotter, Thaddeus G., Mich., E2104, E2107 Whitfield, Ed, Ky., E2098 Gerlach, Jim, Pa., E2096 Marino, Tom, Pa., E2096 Wilson, Joe, S.C., E2100

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