SENATE—Wednesday, August 1, 2012

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August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12955 SENATE—Wednesday, August 1, 2012

The Senate met at 9:30 a.m. and was which is the Veterans Jobs Corps Act, ably based, many experts say, on global called to order by the Honorable sponsored by Senator NELSON of Flor- warming. They have never had such KIRSTEN E. GILLIBRAND, a Senator from ida. heat in India, which has put a tremen- the State of New York. The ACTING PRESIDENT pro tem- dous burden on their fragile power sys- pore. The clerk will report the motion. tem. PRAYER The assistant legislative clerk read This legislation we are trying to fin- The Chaplain, Dr. Barry C. Black, of- as follows: ish has been worked on for years— fered the following prayer: Motion to proceed to Calendar No. 476, S. years—not this Congress but going into Let us pray. 3457, a bill to require the Secretary of Vet- last Congress. I was pleased to hear O God, the light of the world, as You erans Affairs to establish a veterans jobs last week that many of my colleagues illuminate our path, may we walk in corps, and for other purposes. were working on thoughtful amend- the brightness of Your presence. Use Mr. REID. Madam President, the ments to improve and strengthen this our Senators to select the plans that first hour will be equally divided and measure in spite of the untoward pres- most honor You. May they feel concern controlled between the two leaders or sure by the Chamber of Commerce to when our Nation drifts from Your pre- their designees, with the Republicans kill this legislation. Senators on both cepts and labor to restore those values controlling the first half and the ma- sides have worked hard to address that will keep America strong. Lord, jority controlling the final half. every concern raised by the private help them to do their very best each CYBER SECURITY sector about this legislation. Senators day and leave the results to You. Give Yesterday I filed cloture on the cyber LIEBERMAN and COLLINS have been ex- them the wisdom to lift each other’s security bill. As a result, the filing emplary. The bill that is before this burdens by being as encouraging to deadline for first-degree amendments is body now is not nearly as strong as I others as You have been to them. 1 p.m. today. We will let the Senate would like, but that is what com- We pray in Your sacred Name. Amen. know about votes scheduled. We are promise is all about. I accept what f trying to do one on Burma and the Af- they believed they had to do. PLEDGE OF ALLEGIANCE rican trade bill that we have wanted to I expected a healthy debate on this do for a long time, but Republicans important issue. I also expected to The Honorable KIRSTEN E. GILLI- have held it up to this point. But we process many relevant amendments. BRAND led the Pledge of Allegiance, as will see what we can do to move for- Unfortunately, that was not good follows: ward on that. enough for a few of my Republican col- I pledge allegiance to the Flag of the Madam President, last week GEN leagues. Instead of substantive amend- United States of America, and to the Repub- Keith Alexander, commander of the ments that deal with our Nation’s lic for which it stands, one nation under God, indivisible, with liberty and justice for all. U.S. Cyber Command, was asked to cyber security, they are insisting on rate how prepared America was to face political show votes. Instead of sub- f a cyber terrorist attack on the scale of stantive amendments that deal with APPOINTMENT OF ACTING 1 to 10. Here is what he said: ‘‘From my our Nation’s cyber security, they are PRESIDENT PRO TEMPORE perspective I’d say around a 3.’’ looking at all kinds of other things. I The PRESIDING OFFICER. The Keep in mind, 1 is totally unprepared, had thought they were going to be seri- clerk will please read a communication 10 is totally prepared. Three is what he ous about this, but they are not. The to the Senate from the President pro said. One of the country’s top national threat is clear, and protecting the com- tempore (Mr. INOUYE). security experts gave us 3 out of 10, a puter networks that control our elec- The assistant legislative clerk read failing grade by any standard. tric grids, water supplies, and financial the following letter: He went to say that the type of cyber systems should be above political U.S. SENATE, attacks that could black out the wrangling. So I was doubly dis- PRESIDENT PRO TEMPORE, United States for weeks or months are appointed to watch a bipartisan proc- Washington, DC, August 1, 2012. up seventeenfold in the last 3 years. ess derailed by ideological attacks—for To the Senate: The Nation’s top security experts have example, on a woman’s right to choose Under the provisions of rule I, paragraph 3, said a cyber 9/11 is imminent. They say her health care generally. of the Standing Rules of the Senate, I hereby frailties in our defenses against these As 47 million Americans were set to appoint the Honorable KIRSTEN E. GILLI- attacks are most urgent. They are a gain access to preventive services with BRAND, a Senator from the State of New York, to perform the duties of the Chair. threat to our national security. Noth- no out-of-pocket costs, Republicans in- DANIEL K. INOUYE, ing is more important. sisted once again on a vote to repeal President pro tempore. So it was with disappointment last these benefits. They want to roll back Mrs. GILLIBRAND thereupon as- night that I filed cloture on legislation the clock to the days when insurance sumed the chair as Acting President to reinforce our defenses against these companies could discriminate against pro tempore. malicious attackers. Some are coun- women. Why? Because they were tries, some are organizations, some are women. They had a preexisting dis- f individuals. National security experts ability—their gender. RECOGNITION OF THE MAJORITY have been plain about the urgent need To make matters worse they are will- LEADER to act. They say the question is not ing to kill a bill that will protect our The ACTING PRESIDENT pro tem- whether to act but whether we will act Nation from cyber terrorism in the pore. The majority leader is recog- in time. process. But this is not a new tactic. nized. One need only look at the headlines You may remember, as we all do—and in papers all over America today—all I was reminded of that yesterday by a f over the world today. As we speak, 600 question that was asked of me by the VETERANS JOBS CORPS ACT OF million people in India are without distinguished assistant leader, Senator 2012—MOTION TO PROCEED electricity. It is not believed there was DURBIN, that reminded the entire Sen- Mr. REID. Madam President, I now any terrorism involved. It is believed it ate that on a surface transportation move to proceed to Calendar No. 476, relates to the unusual weather, prob- bill that put 3 million jobs at risk,

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

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12956 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 their first amendment was by Senator eral Bureau of Investigation reported working on solutions that we are going BLUNT on women’s access to contracep- it? to have to take if we are going to save tion. Mr. REID. Madam President, in an- the Republic and the economy. Still, I admit I was surprised that swer to my friend, we are living in a I wanted to pass that on to the dis- Senator MCCONNELL would so brazenly modern world. A thermostat—isn’t tinguished majority whip. drag partisan politics into a debate that what the Senator just said? In my State of Georgia, the most re- over a measure crucial to national se- Mr. DURBIN. That is right. cent report on unemployment posted curity. It is today when the health care Mr. REID. Is the connectivity to our unemployment rate at 9 percent. In bill that we passed designates women what China wants to get from the our State we advertise foreclosures will no longer be second-class citizens Chamber of Commerce. Remember, every Friday and leading up to the first in relation to health care. So I cannot that is only one way they get this in- Tuesday. We set a record in the month imagine a more untimely attack on formation. But the numerous instru- of July on the number of foreclosures women than yesterday. ments we carry around—BlackBerrys, being advertised. Yesterday in my office I had a meet- Yesterday Senator MCCONNELL and I iPhones, all these kinds of things, in- received a letter from General Alex- struments we have at home—every one ing with the President of Lockheed. ander, who runs the National Security of those is a vehicle to find out what is They are headquartered in Fort Worth, Agency—he is one of the top leaders going on in my life, your life, the life of but they have one of their largest man- there—urging us to move more quick- the Chamber of Commerce. I cannot ufacturing facilities in Marietta, GA. They are going to have to send out ly. Here is what he wrote, partially: imagine how my Republican friends can follow this lead. I don’t know who. their notice of potential layoffs that The cyber threat facing the nation is real will take place because of sequestra- and demands immediate action. The time to We have had Republican leaders in the act is now; we simply cannot afford further past, on security—they have all said do tion. We just got the second quarter delay. We need to move forward on com- something about this. GDP report that said we are still slow- prehensive legislation now. I urge you to I would love to have a bipartisan bill ing down and going down to 1.5 percent work together to get it passed. to work through this with some from a previous quarter of 2 percent. What more do we need? What more amendments. I do not expect anyone to All indicators are that we are heading does the Chamber of Commerce need so think the bill Senator LIEBERMAN and to a second bump in our economy, and that they can release my Republican Senator COLLINS did is perfect. But it is what has been a very protracted and colleagues? I share General Alexander’s a lot better than nothing. I hope peo- weak recovery is beginning to fail, and concern. ple, when we vote on this tomorrow, we are looking at a fiscal problem that Mr. DURBIN. Will the majority lead- will invoke cloture and pass their bill. is going to affect this country for dec- er yield for a question. I had no choice but to file cloture. I ades to come. Mr. REID. I will be happy to. am going to continue to work with all I encourage my colleagues in the Mr. DURBIN. I would like to ask the Senators to find out if we can reach a Senate to recognize the clock is run- majority leader if he is aware of the compromise. ning and time is running out. We can statement we had on the floor of the I wish I had better news. Ignorance is no longer postpone doing those things we must do as a Congress to save the Senate by Senator WHITEHOUSE, who bliss. I wish I did not know as much. I Republic and save our economy and has been one of the leaders in putting wish the briefings I had down in the begin producing jobs in this country. together the cyber security bill rel- classified area of the Capitol—a lot of The most important thing our people ative to an incident at the Chamber of that information is kind of scary. It is need is certainty. They need certainty Commerce? I would like to read it, if I scary that we are not doing something in regulation, and they need certainty may, very briefly. And I quote Senator about this bill. in tax policy. The American people WHITEHOUSE from page S5720 of the Would the Chair announce the busi- need to know we are going to do what July 31 CONGRESSIONAL RECORD: ness of the day? we have to do to save this Republic and RESERVATION OF LEADER TIME Even the U.S. Chamber of Commerce has to save this economy. For the few min- The ACTING PRESIDENT pro tem- been the completely unwitting victim of a utes I have this morning, I wish to talk long-term and extensive cyber intrusion. pore. The majority leader’s time is re- about that. All the solutions are on the Just last year the Wall Street Journal re- served. ported that a group of hackers in China table. The problem is that none of us ORDER OF BUSINESS breached the computer defenses of the U.S. seems willing to take them off the Chamber, gained access to everything stored Under the previous order, the fol- table and put them on the floor and in its systems, including information about 3 lowing hour will be equally divided and deal with it. million members, and they remained on the controlled between the two leaders or Let’s talk about spending. Our deficit U.S. Chamber’s network for at least 6 their designees, with Republicans con- has been announced for this particular months and possibly more than a year. The trolling the first half and the majority fiscal year to be $1.2 trillion, $100 bil- Chamber only learned of the break-in when controlling the final half. lion less than the total spending of the the FBI told the group that servers in China The Senator from Georgia. were stealing their information. U.S. Government. We have to cut dis- Mr. ISAKSON. Madam President, cretionary spending. We can’t totally Even after the Chamber was notified and while the majority whip is on the floor, increased its cyber security, the article stat- balance our books by cutting discre- ed that the Chamber continued to experience I want to pay him a compliment about tionary spending. We have entitle- suspicious activity, including a ‘‘thermostat some remarks I am going to make this ments. Our entitlements are growing at a townhouse the Chamber owns on Capitol morning. A group of 6 people in the because of what? Our economy. Why Hill . . . [that communicated] with an Inter- Senate, three Republicans and three are food stamps up from $35 billion to net address in China . . . and . . . a printer Democrats, about a year and half ago $87 billion? Because a lot people are used by the Chamber executives spontane- began getting together to deal with our hungry and a lot of people are out of ously . . . printing pages with Chinese char- fiscal problems in this country, both acters. work. Why are AFDC and many other entitlements as well as our tax system programs rising rapidly? It is due to As Senator WHITEHOUSE has said: as well as spending. I commend him for the economy. If we can deal with the These are the people we are supposed to his work on that because I am going to spending and if we can deal with enti- listen to about cyber security. talk exactly about what this Senate tlements, then we can begin to bring Can I ask the Senator from Nevada if and this Congress has to do in the back certainty and our economy will he was aware that the chamber opposi- months ahead to deal with the fiscal come back and our jobs will come back tion to the cyber security bill certainly cliff we are about to go over, but I and there will be less pressure on the belies the fact that they have been want to acknowledge the fact that entitlement programs. hacked by the Chinese themselves, and many of us, most importantly the dis- We are going to have to also recog- they didn’t even know it until the Fed- tinguished majority whip, have been nize that ‘‘entitlements’’ is not the

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12957 right word for programs such as Medi- made to them on Social Security and Yesterday the Director of OMB ex- care and Social Security. Those are Medicare. Let’s deal with our responsi- empted appropriations for military contracts with the American people. I bility. Let’s not sequester spending, personnel from the sequester, providing pay 6.2 percent of my income—the let’s cut where we should cut and let’s even more certainty that the cuts to President does as well—to the payroll add money where we should add defense will fall upon training, mainte- tax for my Social Security. I paid 1.35 money. Let’s run this country like a nance, and weapons procurement and percent for my entire life to Medicare. business and not like a political action development. So the fact is that pri- That is a contract with my govern- committee. vate businesses have a higher degree of ment. We have to fix those programs. I yield to the Republican leader. certainty that their workforces will be Social Security is easy. Social Secu- RECOGNITION OF THE MINORITY LEADER hit. Yet here is the administration’s rity is fixable by moving the eligibility The ACTING PRESIDENT pro tem- message: If you are in the public sec- date to the outyears. For my grand- pore. The Republican is recognized. tor, prepare for cuts. If you are in the children, eight of whom are under 8 DEFENSE SEQUESTER private sector, don’t even warn your years old, that ought to be 69 or 70 Mr. MCCONNELL. Madam President, employees that their jobs actually may years old before they become eligible. yesterday I came to the floor to draw be on the line. We don’t need to cut their benefit or attention to the administration’s What a perfect summary of this ad- raise their tax, but we need to actuari- transparent attempts to conceal the ministration’s approach to the econ- ally put out their eligibility. That is impact of defense cuts President omy and jobs over the past 31⁄2 years. what Ronald Reagan and Tip O’Neill Obama demanded as part of last year’s Private businesses didn’t earn their did in 1983 to save Social Security until debt-ceiling deal. I was referring, of success; somebody else made that hap- the current pressure it is under right course, to the administration’s Monday pen. Now the President says: If you now. notification to businesses that work work hard in the private sector, you Medicare is the tough animal to deal with the government that they are don’t even deserve to know if your job with. We are going to have to recognize under no obligation to warn employees is on the chopping block. The private that we have to get out of the fee-for- who might lose their jobs as a result of sector is doing just fine; it is the gov- service business and then do a premium these cuts. Incredibly, the administra- ernment that needs help. That is the support business. That way, we can tion’s argument was that they don’t message of this administration. quantify premium support and know expect the cuts to happen even though Just as disturbing is what this says how much we are spending, and the the President had not done a thing to about the administration’s approach to American people have the choice of prevent them and even though Con- our national defense. The President’s buying the insurance and the coverage gress had to pass a law requiring the own Defense Secretary has said these for Medicare that they want. It ought administration to tell us what the cuts cuts would hollow out our Armed to be means tested. We ought to make would look like. Forces. Yet the President has not said sure that those who can afford more in- So let’s be clear. The administration a word about how he plans to respon- surance, like myself, have less support officials who sent out this notification sibly replace them or, if he accepts a and those who are in need have more instructing businesses to keep quiet weakened national defense, how he will support. But it should be quantified in about these cuts know just as well as I carry them out. Congress had to actu- terms of support for premiums, not a do that the cuts are coming unless Sen- ally pass a law forcing him to make fee-for-service reimbursement system. ate Democrats act or the President of these plans clear to everybody. Now, he In terms of our revenues, everybody the United States finally decides to hasn’t signed the bill yet. It went to always wants to talk about taxes. Last come up with a credible plan to replace him by voice vote out of the Senate week we had a debate that was mean- them. last week. The defense cuts that will be ingless and worthless over political po- The only reason the administration triggered under the sequester are in ad- sitions of two political parties on tax sent out this guidance to employers dition to the $487 billion in cuts to the systems. We need to look at Bowles- earlier this week was to keep people in Department identified by Secretary Simpson. We need to clean up our Tax the dark about the impact these de- Gates. Code. We need to use the tax expendi- fense cuts will have until, of course, It is time for the President to provide tures that we get as income by reduc- after the election. So the White House the leadership to avoid these reducing them and waiving them. We need to is clearly trying to hide the ball from tions that will render his own strategy use that income to reduce the rates on all of us. The clearest proof of that is unsustainable. A lot of people are won- corporate taxes and all the marginal the fact that no one even denied it dering how they will be affected by rates of taxation so we can encourage after I noted it here just yesterday. these cuts. The fact that many of them people to spend their money, invest But if we did need further proof, we ac- will be voting in swing States in No- their money, and make our Tax Code tually got it yesterday when the vember is no reason to leave them won- simple. We don’t need to raise taxes, Obama administration’s Office of Man- dering about their fate any longer. we need to raise their attitude. We agement and Budget issued guidance of I yield the floor. need to improve the plight the Amer- its own to departments and agencies The ACTING PRESIDENT pro tem- ican taxpayers have today by giving telling folks they should prepare for pore. The Senator from Wisconsin. them certainty and a tax code that is the cuts. THE DEFICIT clean, a tax code that is fair, and a tax So let’s get this straight. Govern- Mr. JOHNSON of Wisconsin. Madam code that produces jobs, revenues, and ment workers should prepare for cuts, President, I have been listening to the growth. but private businesses and their em- debate on spending and taxes and our My message this morning is this: If ployers should not. Not a week seems debt and deficit. I come to the floor we go up to probably Friday when we to pass that we don’t see more evidence this morning with a few visual aids and go home for the month of August and of the President’s absolute contempt charts and graphs to try to dispel some we come back in September for 60 days for the private sector, and here is the of the myths I have been hearing. and wait until the election, we are put- latest. The Federal Government is told The first myth I constantly hear is ting off dealing with issues that affect to prepare for cuts, and yet the private about the Draconian cuts being pro- our economy, affect our people, and af- sector businesses are specifically told posed in the House budget. I think this fect our future. I, for one, stand ready it would be ‘‘inappropriate’’ to tell peo- chart pretty well dispels that by show- the minute the leaders are ready to put ple they could lose their jobs. The cuts ing that 10 years ago, in 2002, the Fed- these issues on the floor, and let’s vote to the Defense Department under se- eral Government spent $2 trillion. This on them. Let’s deal with the future of quester are the law of the land, and last year—this year—we will spend the American people, their taxes, their until Congress changes that fact they about $3.8 trillion. We have doubled entitlements, and the guarantees we are totally foreseeable. spending in just 10 years. The debate

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12958 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 moving forward shows that under the In total, over that—I guess that is an I ask the American people to con- House budget, we would spend $4.9 tril- 11-year time period, the total Bush tax sider a simple question: Are they for lion. President Obama’s budget pro- cuts were about $1.7 trillion, while the increasing taxes on the productive sec- poses spending $5.8 trillion. I think it is entire deficit was about $7.5 trillion. tor of our economy, the small busi- clear to see from this chart that no- The tax cuts represent about 22 percent nesses, those 1 million small businesses body is proposing net cuts in spending. of that total deficit—but, again, when that would be affected by this? The We are just trying to limit the rate of we take a look at the last 4 years, a far money that would be taken out of growth in spending. smaller portion of the deficit, because those small businesses that they would Another way of looking at spending the primary deficit over the last 4 use to expand their business, to buy is over 10 years. In the 1990s, the Fed- years has been on the spending side of capital equipment, to increase wages, eral Government over a 10-year period the equation. to pay for health care, and invest in spent $16 trillion. The last decade, from What does the President offer us for 401(k) plans, it does not stabilize the 2002 through 2011, the Federal Govern- solutions? Last year, he proposed the debt and deficit. It does nothing to do ment spent $28 trillion. Again, the de- Buffett rule. In a speech on September that. bate moving forward is, over the next 26, in proposing the Buffett rule, he I think Republicans basically agree 10 years do we spend $40 trillion, as the used the basic principle of fairness that with President Obama and President House budget proposes, or do we spend he said the Buffett rule represents, and Clinton. Back on August 5, 2009, just as $47 trillion? Again, no cuts, just trying if that was applied to our Tax Code, it we were coming out of recession, Presi- to reduce the rate of growth. could raise enough to not only pay for dent Obama said: ‘‘You don’t raise Let’s talk a little bit about what the his jobs bill, it would also stabilize our taxes in a recession.’’ I agree with that. Federal Government has spent under debt and deficits for the next decade. Republicans agree with that. the current administration. Over the 4 Think about what President Obama Back in December—the last Novem- years of President Obama’s administra- said there. He said the Buffett rule ber and December of 2010—right after tion, the Federal Government in total would not only pay for his jobs bill but the lameduck session when all the tax will spend $14.4 trillion. Think back to would stabilize our debt and deficits for rates were extended for 2 years, Presi- the last graph. That is almost as much the next decade. Here is the chart and dent Obama said: ‘‘If we allow these as we spent in the decade of the 1990s. here is the fact: The Buffett rule for 4 taxes to go up . . . the economy would The entire deficit for that time period years—4 years of the Buffett rule, it grow less.’’ was $5.3 trillion. In other words, we had was projected, would raise about $20 He was right. Back then, by the way, to borrow $5.3 trillion of the $14.4 tril- billion total. President Obama’s 4 years average growth in our economy was lion we spent; that is, about 37 cents of of deficit is $5.3 trillion. So let’s state about 3.1 percent. During the last four every dollar spent, we borrowed. We it a different way: $5,300 billion. It quarters now, the economy has only put that debt burden on the backs of doesn’t take a math major to realize grown about 2 percent. Our economy is $20 billion doesn’t even come close to our children, our grandchildren, and in worse shape. It only grew at 1.5 per- stabilizing a deficit of $5,300 billion. our great-grandchildren. cent in the last quarter. We can see the I often hear that the whole problem President Obama misled the American downward trajectory. with the deficit is caused by the war people. I think the President of the Of course, President Clinton also said costs or the 2001 to 2003 tax cuts. We United States has a far higher duty to probably the best thing we could do is the American people. He should be hon- added those to the chart here. We can to extend all the tax rates to take that est with them. see that the total amount over that 4- sense of uncertainty off the table. That Last week, we debated the other tax is what Republicans are proposing. year period of the overseas war costs proposals offered by our friends on the Let’s not increase taxes on any and the Bush tax cuts was $1.2 trillion. other side of the aisle. In proposing American at this point in time. Let’s It is less than 25 percent of the total this and actually, unfortunately, pass- not threaten any kind of government deficit. Again, they are a factor but not ing this piece of tax legislation, the shutdown. As much as fiscal conserv- the cause of the deficit. The cause of majority leader said this piece of legis- atives do not like the Budget Control the deficit primarily is spending. lation is about debt. It is about the Act or those spending limits, we think This chart basically shows what has debt, he said. We have to do something it is reasonable policy to pass a 6- been happening over the last 50 years. about the debt, and we have tried month continuing resolution so a re- The structural deficit we have incurred mightily to do that. We have tried sponsible leader can come into this is a basic result, on average, of the mightily. Federal Government spending 20.2 per- Again, let’s take a look at the facts. town and actually start fixing our debt cent of the gross domestic product The first years of that tax legislation— and deficit situation. from 1959 to 2008, prior to this adminis- the only years that count—would have That is what Republicans are all tration. On the other hand, revenue raised $67 billion a year on average about, taking the uncertainty of a generation averaged about 18.1 percent compared to last year’s deficit of $1,326 shutdown off the table, taking the un- of GDP, which gives us a 2.1-percent billion. Is that trying mightily to fix certainty of what people’s tax rates structural deficit. That is why our debt the debt and deficit? I don’t think so. will be over the next year off the table, has continued to grow. If we were serious about fixing our and being responsible. Under this administration, starting debt and deficit situation, if we were With that, I yield the floor. with the recession, that structural def- trying mightily to do that, we might The ACTING PRESIDENT pro tem- icit exploded, with tax revenue drop- have tried passing a budget in the last pore. The Senator from Nevada. ping to about 15 percent and spending few years. We might have actually SMALL BUSINESSES skyrocketing to 25 percent and now to brought appropriations bills to the Mr. HELLER. Madam President, I about 24 percent. It is on a trajectory floor so they could be debated and don’t believe any State has felt the to hit 35 percent by the year 2035. passed in the House and signed into law brunt of this recession more than the Clearly, that is unsustainable. so we would not be faced with what we State of Nevada. We are a State that Another way of taking a look at the are faced with right now, which is a leads the Nation in unemployment, tax cuts of 2001 and 2003, in terms of continuing resolution to fund the gov- leads in foreclosure, and leads the their total effect on our deficit figure, ernment in 2013. country in bankruptcy. is to actually put them on a bar chart. Again, dispel the myth: The Demo- There is not an evening that goes by The red bars represent the total deficit. crats’ tax proposal would do nothing— or a day that goes by that I am not The blue portions on the bottom of almost nothing—to stabilize our debt thinking about what can we do to cre- those red charts are the actual reduc- and deficit. It is simply a political ex- ate jobs and get our economy moving. tions in revenue from those tax cuts. ercise. It is political demagoguery. It is In order to help small businesses thrive We can see it is not a very large figure. class warfare. again, we must tear down the barriers

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12959 to growth and opportunity and launch omy. We shouldn’t be surprised to ing about the wind production tax this Nation into its next great chapter. know that a vast majority believe par- credit, I think we all know that tax Small businesses are our Nation’s tisanship at the expense of the econ- credits have encouraged our wind in- economic backbone and they were built omy needs to end, and with that I dustry to invest in that great, new, on the very same values of hard work agree. cutting-edge form of power, and that and determination our Nation was Last Friday, I visited Joe Dutra, who has resulted in the creation of thou- founded upon. This issue is very per- owns Kimmie Candy in Reno, at his sands of American jobs and wind sonal to me. I spent most of my child- factory. He talked about how he is projects all over our country. Forty- hood working at my father’s auto- fighting to grow his business with his eight States have a stake in our wind motive shop in Carson City—Heller’s kids, John and Kathryn. Unfortu- energy industry. But the production Engine and Transmission. At this nately, instead of supporting small tax credit that has driven this invest- small business my dad taught me how businesses throughout our country, ment in American manufacturing and to fix engines and transmissions but, Washington has been making a dif- job creation is about to expire at the more importantly, I learned about hard ficult situation even worse. Joe has end of this year. work, I learned about personal respon- been getting a lot of heat lately from I have been coming to the floor on an sibility, and I learned how to provide the press because he is standing up ongoing basis to make the case that we an important service to our commu- against politicians who belittle his ef- ought to extend the wind production nity. forts and has had the courage to fight tax credit as soon as possible. Although my father’s shop has been the destructive policies coming out of I know the Acting President pro tem- closed for some time, I have asked him Washington. pore has been here on a couple of occa- Let me assure my colleagues that what he would do as a small business sions when I have spoken about this Joe built his business and works hard owner in today’s environment. First of issue before. In fact, this is the 14th to keep it going. That is what many all, he said, you couldn’t open that time I have come to the floor to speak small businesses across this country same shop, not with the regulations, to this important opportunity but also want to do. They want nothing more the taxes, the overhead that would be than to expand their businesses, hire the peril that awaits us if we do not ex- involved from what this government more people, and pass on a legacy to tend the wind production tax credit. has produced. But his simple answer is their children and grandchildren that The key here is that we have created he would have to close his shop because shows with hard work and dedication, uncertainty. The wind energy industry of the uncertainty and the costs due to anything is possible in America. In- is beginning to back off investments all the Federal regulations and man- stead of encouraging this, Washington for next year. They need certainty. dates. has increased their burden with miles They need predictability. Contrary to what some in Wash- of regulatory redtape. They passed a I have come to the floor today to ington may believe, my father built his health care law that is costing jobs and talk, as I have been on each occasion, business and he worked long hours to continues with a top-down, Wash- about a particular State and that make it successful. It was through this ington-knows-best mentality that has State’s contribution to the wind indus- business that he provided for my moth- led to an anemic economy. try. Today I want to talk about North er and my five brothers and sisters. I Small businesses are the lifeblood of Dakota. It is a State with enough wind can’t thank my father enough for the our economy and will be a key compo- energy potential that it could meet values he instilled in me. It is hum- nent to our recovery. It is far past time more than 240 times its own electricity bling to think that all around our Washington recognized this by encour- needs—240 times its own electricity country sons and daughters are still aging their growth and getting our Na- needs. In fact, we know North Dakota learning from their parents who are tion on the right track. sits in an ocean of wind, and it could making a living at their small busi- Thank you. I yield the floor. I sug- power much of the Midwest if we could nesses. These businesses are often gest the absence of a quorum. get that electricity to the city centers struggling to make payroll, pay sup- The ACTING PRESIDENT pro tem- that need it, and if we keep the wind pliers and, in some instances, can’t pore. The clerk will call the roll. production tax credit in place. even afford to pay themselves. These The assistant legislative clerk pro- What I want to talk about in par- Americans are fighting every day to ceeded to call the roll. ticular in North Dakota are a couple of achieve the American dream, but what Mr. JOHANNS. Madam President, I manufacturing facilities there. In the they get from Washington is more at- ask unanimous consent that the order late 1990s, LM Glasfiber opened a facil- tacks on their livelihood in the form of for the quorum call be rescinded. ity in Grand Forks, which is in eastern The ACTING PRESIDENT pro tem- new regulations, new mandates, and, of North Dakota, close to the border of pore. Without objection, it is so or- course, every day the talk of new Minnesota, as shown on this map. They dered. taxes. Just last week, the majority produce wind turbine blades there. And (The remarks of Mr. JOHANNS per- just a few years ago, DMI Industries— party offered a tax plan that would kill taining to the introduction of S. 3467 6,000 jobs in Nevada and more than a company that manufactures the tow- are printed in today’s RECORD under ers—opened a factory in West Fargo. 700,000 jobs nationwide. In a stagnant ‘‘Statements on Introduced Bills and economy suffering from chronic unem- Joint Resolutions.’’) That is also in eastern North Dakota. ployment, we should be looking for Mr. JOHANNS. Madam President, I It is south of Grand Forks, over here, ways to strengthen job growth, not yield the floor and suggest the absence as shown on this map, on the Min- pushing destructive tax increases that of a quorum. nesota border as well. serve as nothing more than political The ACTING PRESIDENT pro tem- These wind turbines—and the Acting talking points. pore. The clerk will call the roll. President pro tempore knows this—are Every week I hold telephone town- The legislative clerk proceeded to magnificent machines. They sit on hall meetings with Nevadans from call the roll. towers that in some cases are 100 me- across the State. Lately, a lot of Ne- Mr. UDALL of Colorado. Madam ters tall. The wind blades themselves vadans have discussed how some in the President, I ask unanimous consent are like aircraft wings. The cell that majority party are willing to take our that the order for the quorum call be sits on the top of the towers, where the economy off a fiscal cliff if Republicans rescinded. gear box and all the technology is— will not vote for tax increases on small The ACTING PRESIDENT pro tem- these are very technical, very com- businesses. pore. Without objection, it is so or- plicated, very sophisticated machines, For the past 2 weeks, I have asked all dered. and manufacturing them brings out those participating in these townhall PRODUCTION TAX CREDIT American greatness. The point I am meetings if they believe this type of Mr. UDALL of Colorado. Madam making is these are two important fa- partisan politics is good for the econ- President, as I begin to talk this morn- cilities in North Dakota.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12960 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 I also want to talk about the leader- atmosphere every year. It is simple: our air and the environment here in ship that exists in North Dakota when The wind industry is important to our Nation and around the world. We it comes to wind energy. I want to America’s future and it should be must get this production tax credit start with our colleague, Senator CON- incented in communities that can sup- passed. I will continue to work with RAD. He has been a proponent of the port it, such as in North Dakota. him to make this happen. production tax credit for over a decade. The wind production tax credit is I rise today to address a critical issue His reasoning is that this is a great op- that incentive. Without a doubt, if the for Oregon’s ranchers and farmers who portunity for North Dakota, as well as PTC is allowed to expire, this impor- are dealing with wildfire devastation— for the country, and the wind produc- tant American industry will shrink, huge devastation. I am going to put up tion tax credit creates certainty. move overseas, and take thousands of some pictures. We have had in the last His colleague Senator HOEVEN has American jobs with it. So as I have month the largest fires in Oregon in also taken up the cause during his first done when I come to the floor, I am im- over a century. An enormous amount term in the Senate. ploring our colleagues to work with of land has been burned in the process. One of the key points I want to make me, to work with us to stop this possi- The Long Draw fire in Malheur Coun- here is those two Senators are from bility from becoming a reality. Wind ty burned 557,000 acres or, to translate two political parties. Yet they each energy is not a partisan issue. that, that is about 900 square miles. support the wind production tax credit. As I have noted, many of our col- This is the largest wildfire in Oregon Last month, North Dakota hosted a re- leagues agree with me, whether they since the 1800s. This chart shows the newable action energy summit in Bis- are on this side of the aisle or the other incredibly powerful flames these ranch- marck, and both Senator CONRAD and side of the aisle. They understand if we ers and farmers have been dealing with. Senator HOEVEN attended. During this do not extend the PTC we risk losing As these flames sweep across the grass- summit national leaders talked about thousands of jobs and crippling a very lands, the cattle and other livestock how North Dakota’s robust and diverse important, successful, existing indus- are often killed in the process. The energy sector has provided the model try. So it would be a decision that we land does not quickly recover because for creating jobs and helping reduce would all regret for a long time if we of the intensity of the fire and how it our Nation’s dependence on foreign oil. let the PTC expire. affects the soil. I have to say this strikes me as the As I close, I again implore and urge Let me give you another view of this most intelligent kind of policy. It is a my colleagues to work on this to- same fire. This is actually a picture mix of traditional energy sources with gether. If we believe in energy inde- taken from Nevada looking toward Or- sustainable energy such as wind. What pendence and job creation, as we say, egon. You see this massive wall, this you get from that is advanced tech- then we need to work together. Let’s massive wall of smoke coming across. nology. You have certainty for devel- show Americans that we understand It is an incredible sight to behold when opers. You spur investment. You create the economy is job one. One of the a fire is in full rage as this was. jobs. I applaud North Dakota’s leader- ways we can create new jobs is to ex- The Long Draw fire was one of the ship in putting in place a smart energy tend the wind production tax credit. major fires, but the Miller Homestead policy, an all-of-the-above energy pol- One of the ways we lose jobs is if we let fire was another. It burned about 250 icy, as well as our colleagues’ work on the wind production tax credit expire. square miles. Here again, you can see this subject. So we ought to be passing the PTC as the dramatic flame front southeast Or- The point I am making is that North soon as possible. egon was fighting. This is moving Dakota recognizes investment in wind The production tax credit equals through the sagebrush, continuously energy is an investment in jobs. Some jobs. It is crucial to our future. Let’s progressing, moving very quickly when of those numbers make that point. not let the wind production tax credit the wind is driving it, creating an enor- Some 2,000 jobs in North Dakota are be a casualty of election year partisan- mous wall of smoke. supported by the wind energy industry. ship. We cannot—America cannot—af- Let’s take one more view. Here we Those jobs are there no doubt because ford it. see the aftermath of the fire when it of the existence of a tax credit. I would I yield the floor. was stopped by a road as an interlude. add that the tax credit is a production The ACTING PRESIDENT pro tem- It completely destroyed land on one tax credit. So you produce the power pore. The Senator from Oregon. side of the highway, and what it looked and then you get the tax credit. This is DISASTER RELIEF like, this green grassland, this was not not speculative. This is not hoping that Mr. MERKLEY. Madam President, I all dry and parched, this green grass- something will happen. This is based thank my colleague from Colorado for land, before the fire moved through. on production of electrons. That is why his remarks about the production tax In addition to these two huge fires, it is such a powerful tool. It has been credit. This is incredibly important to we have had a number of others—the used in the past, by the way, in other the wind industry. It is a big factor in Lexfalls fire in Jefferson County; the energy sectors. You produce power, you the economy of Colorado and certainly Baker Canyon fire in Jefferson and produce energy, you are rewarded with a substantial factor in the economy of Wasco Counties; the West Crater fire in an energy tax credit. Oregon. So I join him in making the Malheur County, each of these having a Besides jobs, the wind industry pro- case, if you will, that we need to make substantial impact in addition to the vides $4 million annually in property sure we continue to drive forward this Miller Homestead and the Long Draw tax and land lease payments that go to clean energy manufacturing economy fires. supporting local communities and vital that produces zero carbon dioxide. Together, these fires have consumed services tied to those communities. I can tell you, I recently had the over 1,100 square miles. That is roughly Where does North Dakota rank nation- chance to drive from the northern bor- an area the size of Rhode Island. So an ally? Well, they rank 10th in terms of der of Oregon to the southern border in entire State would fit into the area installed wind capacity, and third in an electric Leaf. We have enough burned in Oregon. These fires are now the Nation in percentage of electricity charging stations now along the inter- under control, and southeastern Or- derived from wind, with almost 15 per- state to make this possible. It was mi- egon is surveying the damage and pick- cent of their entire power supply com- raculous to not produce a single mol- ing up the pieces. ing from wind energy projects. That is ecule of pollution out of that car trip. One of the things they would imme- the equivalent in North Dakota of If that energy for that car is coming diately turn to, our farmers and our 430,000 homes being powered by wind. from wind, then not any—zero—carbon ranchers, would be the disaster assist- That number—I know this is impor- dioxide is produced, a zero impact on ance that has always existed within tant to the Presiding Officer—equals global warming. So certainly what is the farm bill. But guess what. These about 3 million metric tons of carbon very good for the American worker, for disaster assistance programs are not dioxide that are not released into our the American economy, is also good for available because the House has failed

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One of them is the Live- sist our farmers and ranchers in the tainly felt good about our police offi- stock Indemnity Program that address- face of devastating natural disasters. cers, firefighters, paramedics, and all es when there is a natural disaster like I yield the floor. the medical personnel who literally this, addresses the death and the loss The ACTING PRESIDENT pro tem- saved dozens and dozens of lives. of cattle and other livestock. pore. The Senator from Minnesota. On this, the 5-year anniversary of the A second is the Emergency Assist- Ms. KLOBUCHAR. Madam President, bridge collapse, we should again honor ance for Livestock Program called the I ask unanimous consent to speak as in those heroes and the countless lives ELAP. But it basically addresses the morning business for the duration of they saved. lost value of forage on private land, my remarks. For a minute, I want to tell you a few and then the LFP program, or Live- The ACTING PRESIDENT pro tem- examples. A woman named Pamela stock Forage Disaster Program, that pore. Without objection, it is so or- Louwagie, who writes for the Star addresses the loss of forage on public dered. Tribune, gathered some of their stories land. Those of you who are not from ANNIVERSARY OF I–35W BRIDGE DISASTER this weekend. Some of these people I the West may not be aware that a lot Ms. KLOBUCHAR. Madam President, know. Lindsey Patterson Walls was in of our livestock is operating on land I rise today to speak on the 5-year an- a Volkswagen that went over the that is leased to our ranchers. So when niversary of the horrific collapse of the bridge; she kicked out the doors and a fire like this affects those public I–35W bridge in Minneapolis, and to pay windows and was able to get out and lands, it also is affecting the value of tribute to those who lost their lives on survive. She is putting the collapse to the lease to those farmers and the abil- that tragic summer day. work in her career. She is a youth ity of their livestock—those that have As I said the day after the bridge col- worker who counsels children and survived the fire—to be able to find for- lapse, ‘‘A bridge just should not fall teens and she discovered that her trau- age and continue to live. down in the middle of America.’’ Not a ma, as hard as it was, wasn’t so dif- It is deeply disturbing that the House bridge that is a few blocks from my ferent than that of her clients. She felt has not voted on the farm bill and sent house. Not an eight-lane highway. Not insecure in the world, wondering it to conference. I urge them to act on a bridge that I drive over every day whether another bridge would collapse this quickly. Without these key dis- with my husband and my daughter. But under her, and she realized that the aster relief programs, ranchers and that is what happened that sunny sum- homeless teens she counsels felt inse- farmers who have lost livestock and mer day in Minneapolis, MN. cure, wondering where they would grazing land are left with few options. I can’t even begin to count how many sleep at night. It is a lesson she takes That is wrong. A rancher in south- times I have thought about that with her every day in her job. eastern Oregon who has been dev- bridge, and everyone in our State actu- astated by these wildfires should not ally remembers where they were the Betsy Sathers is someone I have pay the price because the House of Rep- day it collapsed. It was one of the most come to know. Her husband was 29 resentatives will not bring a farm bill heavily traveled bridges in our State, years old when he died in that bridge that it can pass and send to conference. and in all that day 13 people lost their collapse. They had just gotten married Let’s be clear. The best solution to and they planned on having a family. this problem, as well as many other lives and scores were injured. So many more could have been killed if not for She decided to adopt children from issues, would be for the House to pass Haiti. In the aftermath of that earth- the bipartisan Senate farm bill. This the first responders, if not for the volunteers, who instead of running away quake, she already knew the names of would bring timely relief to all of those these children she was going to adopt. who have suffered in the disaster, and from the disaster, when they had no idea what actually happened, ran to- She would not let those kids just be certainly to the farmers and ranchers left in that rubble. She contacted our across Oregon who have been struck by ward it and rescued their fellow citizens. office. We worked with her and brought the largest fire in this century, a fire Alyse and Ross back from Haiti, and larger than the State of Rhode Island. Everyone was shocked and horrified, but on that evening and in the days she is their mother. I saw them this But if we can get consensus to bring weekend with their big smiles and immediate relief in the face of the in- that followed, the whole world watched as our State came together, as they did their mom. That is an inspirational action by the House, then we should do story. so. That is why I have introduced the in the minutes and hours after the col- The Coulter family was in their Wildfire and Drought Relief for Farm- lapse. I was proud to be a Minnesotan. ers and Ranchers Act to extend the The emergency response to the minivan—the kids, the mom, the dad. most urgently needed programs imme- bridge collapse demonstrated an im- It was clear at the beginning that they diately. This would extend the pro- pressive level of preparedness and co- were severely injured and the mom, grams for livestock indemnity. This ordination that should be a model for Paula, they didn’t think would survive. would extend the program for forage the Nation. We saw true heroes in the Also, after they learned that maybe loss on public lands and forage loss on face of unimaginable circumstances. she was going to make it—she had dev- private lands. We saw an off-duty Minneapolis fire- astating injuries to her brain and her I urge my colleagues to take the fighter named Shannon Hanson, who back—one time during one of the sur- same bipartisan spirit they brought to grabbed her lifejacket and was among geries, they had to jolt her heart back the farm bill to recognize that this the first at the scene. Tethered to a to life. They had suggested that her Chamber has already voted to extend yellow life rope in the midst of broken family start looking for nursing home disaster programs and, if necessary, concrete and tangled rebar, she swam care. But she didn’t give up—Paula and move quickly to extend these disaster from car to car searching for survivors her family didn’t give up. After 2 years, programs, if necessary by themselves, up and down in that river. with the help of some great therapists, in order to help our ranchers, to help We saw that schoolbus perched pre- she could walk and move again and go our farmers who have been affected by cariously on the falling bridge deck. I back to her counseling job part time, these natural disasters, including this called it the miracle bus. Inside there and two summers ago she and her once-in-a-century fire in the State of were dozens of kids from a very poor trainer ran a 5K race. That is inspira- Oregon. neighborhood, who had been on a swim- tional. Again, I encourage the House of Rep- ming field trip. Their bus was crossing Then there is the bridge itself. After resentatives to immediately get the the bridge when it dropped. Thanks to it collapsed, it was so clear to us that

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12962 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 we had to rebuild it and we had to re- The American Society of Civil Engi- CYBERSECURITY ACT OF 2012 build it right away. In just 3 days, Sen- neers gave bridges in America a C Mr. LIEBERMAN. Madam President, ator Coleman and I worked together in grade in its 2009 Report Card for Amer- I rise to speak about the Cybersecurity the Senate to secure $250 million in ica’s Infrastructure and a D for infra- Act of 2012, which is numbered S. 3414. emergency bridge reconstruction fund- structure overall. Last night, the majority leader, Sen- ing. Representative Jim Oberstar led We did take a positive step forward ator REID, filed a cloture motion which the way in the House. Approval of the with the recent bipartisan transpor- would ripen for a vote on tomorrow. funding came with remarkable speed in tation bill that will help State depart- Senator REID said he was saddened to this Chamber. It was bipartisan and we ments of transportation fix bridges and have to file that motion. He also used were able to get the funding. From the improve infrastructure. a word we don’t hear much when he said he was ‘‘flummoxed’’ by the need moment that bridge started construc- For Minnesota, that bill means more to file a cloture motion on bipartisan tion to the end, it took less than a year than $700 million for Minnesota’s to rebuild a bridge that is now a 10-lane legislation that responds to what all of roads, bridges, transit, congestion the experts in security in our country highway. mitigation projects, and mobility im- Today, the new I–35W bridge is a from the last administration and this provements. one say is a critical threat to our secu- symbol of pride and the resilience of a The bill gives greater flexibility to community. This weekend, when I was rity, which is the lack of defenses in State departments of transportation to the cyber infrastructure that is owned at the Twin Cities heroes parade with direct Federal resources to address our veterans, the organizer looked at by the private sector. unique needs in each State. It also es- Senator REID was saddened, as I was, me proudly and said: Tonight they are tablishes benchmarks and national pol- that he had to file for cloture because, lighting up the 35W bridge red, white, icy goals, including strengthening our of course, there can be disagreements and blue. So it literally has become a Nation’s bridges, and links those to about how to respond to this threat to symbol of hope in our State. Federal funds. It reduces project deliv- our security and our prosperity. Hun- The new bridge is a hundred-year ery time and accelerates processes that dreds of billions of dollars of American bridge with more lanes than before. It will reduce in half the amount of time ingenuity and money have already is also safer. The bridge includes state- to get projects under way. been stolen by cyber thieves operating of-the-art anti-icing technology, as However, we all know more needs to not only from within our country but, well as shoulders, which the old bridge be done. While other countries are more often, from outside. So you can didn’t have. moving full steam ahead with infra- have differences of opinion about how Of course, bridge safety was on the structure investments, we seem to be to deal with the problem. But the fact minds of all Americans, especially simply treading water, and in an in- that people started to introduce totally those of us in Minnesota, following the creasingly competitive global economy irrelevant amendments, such as the bridge collapse. Immediately after- standing still is falling behind. one to repeal ObamaCare—well, that is ward, the Minnesota Department of China and India are spending, respec- a debatable issue. We have debated it Transportation inspected all 25 bridges tively, 9 and 5 percent of their GDP on many times, as the House has, but not in Minnesota with a similar design as infrastructure. We need to keep up. We on this bill, which we urgently need to the I–35W bridge. This inspection led to need to build our infrastructure. That pass and send to the House and then go the closing of the Highway 23 bridge in is why I authored the Rebuild America into conference and then, hopefully, St. Cloud, where bulging of gusset Jobs Act last fall, which would have in- pass something and send it to the plates was found. I remember seeing it. vested in our Nation’s infrastructure. President. It accelerated its planned replacement It would have also created a national I was at a briefing with more than a of that bridge, which opened in 2009. dozen Members of the Senate, rep- But the reforms were not all struc- infrastructure bank—something the occupant of the chair is familiar with—to resenting a wide bipartisan group and tural. Since then, the department of ideological group, with leaders of our transportation in our State has im- help facilitate public-private partnerships, so that projects could be built security agencies—cyber security agen- proved the way the inspections and cies, including the Department of De- maintenance functions of the depart- that would otherwise be too expensive for a city, a county, or even a State to fense, Department of Homeland Secu- ment handle critical information and rity, FBI, NSA, and they could not necessary repairs. accomplish on its own. We included a provision to set aside a certain amount have been clearer about the fact that Just as in Minnesota, bridge safety this cyber threat is not a speculative became a priority nationally as well. of funding for road projects. Unfortu- nately, while we got a majority of the threat. The fact is we are under attack After the National Transportation over cyber space right now. In terms of Safety Board identified gusset plates as Senate voting to advance this bill, we were unable to break the filibuster. economics, we have already lost an being heavily responsible for the col- enormous amount of money. GEN So 5 years to the day after the I–35W lapse, a critical review of gusset plates Keith Alexander, Chief of U.S. Cyber bridge fell into the Mississippi River, was conducted on bridges across Amer- Command, described the loss of indus- we know we have much to do to ensure ica, and there was new attention fo- trial information and intellectual prop- our 21st century economy has the 21st cused on deterioration of steel and erty, and just plain money, through century infrastructure we need. I know weight added to bridges over the years cyber theft as ‘‘the greatest transfer of through maintenance and resurfacing I am committed to move forward and wealth in history.’’ That is going on. projects. work in a bipartisan way to address our We are also under cyber attack by The national organization that devel- Nation’s critical bridge and infrastruc- enemies who are probing the control ops highway and bridge standards, the ture needs and prevent another tragedy systems, the cyber control systems American Association of State High- like the collapse of the I–35W bridge. that control not the mom-and-pop way Transportation Officials, updated They didn’t distinguish on that businesses at home, not the Internet bridge manuals that are used by State bridge on that day 5 years ago who was systems over which so many of us shop and county bridge engineers across the a Democrat or Republican. Certainly these days, but the cyber systems that Nation. those first responders—the cops and control the electric supply, that con- I will say that 5 years later we have firefighters—didn’t ask what political trol all of our financial transactions, still not made as much progress as I party somebody belonged to. They sim- large and small, that control our trans- would have liked. The Federal Highway ply did their job. That is what we need portation system, our telecommuni- Administration estimates that over 25 to do in the Senate. cation system—all the things we de- percent of the Nation’s 600,000 bridges I yield the floor. pend on to sustain our society and our are still either structurally deficient or The ACTING PRESIDENT pro tem- individual lives. That is who we are functionally obsolete. pore. The Senator from Connecticut. talking about here.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12963 It is the greatest transfer of wealth Mr. LIEBERMAN. I thank the Sen- giene, the best cyber hygiene to pro- in history. But our enemies are already ator from Delaware very much. I think tect our country. probing those private companies’ cyber he crystallized the moment we are in. So that is the question facing Mem- systems that control that kind of crit- I mentioned that Senator REID filed a bers of the Senate in the face of that ical infrastructure I have described. cloture motion that will ripen tomor- kind of statement of the urgency of There is some reason to believe that row. Again, he did it in sadness, and I some form of cyber security legislation because of the vulnerability of those was sad he had to do it. This is an issue in this session from the Director of systems and lack of adequate defenses, on which I had hoped we would over- Cyber Command, an honored, distin- they have already placed in them come gridlock—special interest driven, guished veteran of our uniformed mili- malware, bugs—whatever we want to ideologically driven, politically driv- tary—U.S. Army in this case. call it. In the old days, we used to call en—but we couldn’t do it, so the major- Are we going to find it hard to get 60 it a sleeper cell of spies and, more re- ity leader did exactly what he had to Members of the Senate to vote to take cently, in terms of terrorism, a sleeper do, in my opinion, in the national secu- up this bill and debate it? I hope not. cell of terrorists. rity interest. For me, it would be hard to explain—I Let me put it personally, without This does two things. One, as my col- will put it that way—why I would vote stating it definitively on the floor. I leagues know and I repeat just to re- against it no matter what the con- worry that enemies of the United mind them, we have a 1 p.m. deadline troversy is. States have already placed what I call when any Member of the Senate can I would say to my friend from Dela- cyber sleeper cells in critical cyber file a first-degree amendment to this ware, who has been involved, that I control systems that control critical bill. That is important to do. And I will yield to him if he wants to make a infrastructure in our country. Every- want to say that the managers of the statement, but we have been working really hard with three groups: the body will say that some companies bill—Senator COLLINS’ staff, the Re- that own critical infrastructure are publican cloakroom, my staff, the group who sponsored S. 3414, the Cyber- doing a pretty good job of defending it Democratic cloakroom—are going to security Act of 2012; the group who and us, but some are not. That is one of be working on these amendments to sponsored SECURE IT, Senators the reasons this bill has occurred—to see if we can begin to move toward a fi- HUTCHISON, CHAMBLISS, MCCAIN, et al.; and the third group, the bipartisan try to create a collaborative process nite list so we can give some sense of group that sprung up because of the ur- where the private sector and the public certainty. gency of this clear-and-present danger sector can act together in the national Senator REID has been very clear. He interest. has not wanted to, to use an idiom of to America, led by Senator KYL and The businesses themselves that con- the Senate, fill the tree, which is to Senator WHITEHOUSE, who is also on the floor and really has played an im- trol cyber infrastructure—God forbid say limit amendments. He has wanted portant role in bringing the two sides— there is a major cyber attack on the to have an open amendment process, if I can put it that way—closer to- United States—are going to be enor- which really ought to happen on a bill gether. Frankly, there was a chasm mous losers. They are going to be sub- of this kind, but open for germane and that separated us at the outset. We ject, under the current state of the law, relevant amendments, not amendments have changed our bill. We have made it to the kind of liability in court that on repealing ObamaCare or, I say re- much more voluntary—carrots instead may bring some of them down. It may spectfully, on enacting more gun con- of sticks, as the Senator and I have end their corporate existence. trol. Those are both significant and Mr. CARPER. Would the Senator said. But still there are differences, and substantial issues, but they are going yield for a question? I would just say shame on us if we Mr. LIEBERMAN. I would be glad to to block this bill from passing if people can’t bridge those differences on na- yield to my friend from Delaware for a insist on bringing them up here. tional security, of all topics. question. He is the cosponsor of our So the first and positive consequence So this is an important day to see if of Senator REID’s cloture motion—one main bill, S. 3414. we can come together. Senator COLLINS Mr. CARPER. The message the Sen- we all signed—is to require that and I are ready and willing to meet ator is conveying today is so impor- amendments people have been talking with the sponsors of the other bills— tant. I hope folks who are unsure about about filing have to come forward by 1 Senator KYL, Senator WHITEHOUSE—to supporting our legislation are listen- p.m., and bipartisan staffs will be see if we can come to some kind of ing. working to winnow that down to a fi- agreement on critical parts of this leg- I was briefed earlier today by a large nite list. islation and to come up with a finite multinational company. One of its di- Second, if we don’t have an agree- list we can support. visions is manufacturing, among other ment on a finite list and we cannot vi- Just a final word. I wish to thank the things, helicopters. Apparently, within tiate the cloture vote for tomorrow, majority leader, Senator REID. Senator the last 12 months, maybe even 6 then Members of the Senate—every REID has a tough job, and it is obvi- months, the plans for developing and one, in their own heart and head—will ously battered by the political moment manufacturing one such helicopter have to make the decision as to wheth- we are in, whenever we are in it. And of were hacked and obtained by another er to vote against taking up this bill course this is a particularly political nation—presumably the Chinese. So while all the nonpolitical experts on moment—partisan—because of the they will develop and will build their our security—GEN Keith Alexander, election season and the campaign we version of our helicopters. They won’t Director of Cyber Command within the are in. But I have known HARRY REID be built by Americans. They will not Pentagon, head of the National Secu- for quite a while, and I have the great- provide American jobs. It will not pro- rity Agency, and one of the jewels and est confidence and trust in him and an vide revenues to that company or tax treasures of our government protecting awful lot of affection. He is a personal revenues to our Treasury; they will our security, appealed to Senators REID friend. He got briefed about the cyber really be apprehended, if you will, by and MCCONNELL in a letter yesterday security threat more than a year ago, another nation. That is the reality of stating that this legislation is criti- and he called me in and we talked this theft. cally necessary now. about it. He said he was really worried, So I was reminded just this morning This legislation will give our govern- that we had to do something in this of what the Senator is talking about, ment and the private sector operators session of Congress to protect our secu- what General Alexander says is the of critical cyber infrastructure powers rity, and he has been steadfast in that largest economic threat in the history they do not have now, authorities they belief and has refused to give up. of our country, and it is taking place. do not have now to collaborate, to take Senator REID filed the cloture mo- I was reminded of that this morning, action, to share information, to adopt tion to bring this to a head and hope- and I just wanted to share that with what General Alexander in a wonderful fully to get to that finite list of amend- the Senator. phrase said is the best computer hy- ments. And I think he is going to

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12964 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 stretch, within the process and time, General Alexander has said and has and this is an idea that has gotten bet- the great authority and power the ma- been quoted here already today, the ter over time. This is an idea whose jority leader has—some people say it greatest economic thievery in our his- time has come. And we need to be may be the only power these days, but tory is underway right now through mindful of the fury across our country. I think he has more because of his cyber security. This is as much a jobs We need to move faster to take good skills—in controlling the schedule. I issue as it is a security issue. It is an ideas like this and make them better think if there is a hope that we can economic security issue, and we have and to implement them. bring a bill together and pass a cyber to be mindful of that. With that, I yield to Senator WHITE- security bill, Senator REID is going to I have spoken to some of our friends HOUSE, and again a big thank-you for give us every opportunity to do that. over at the chamber of commerce with the great work he and Senators COONS So I wanted to put on the record my whom we work on a variety of issues and KYL have done, as usual. thanks to him for his own commitment and said to them that we need their in- The ACTING PRESIDENT pro tem- to improving the cyber security of our volvement and support. We need them pore. The Senator from Rhode Island. country because he has listened to the to help us get through this. If they Mr. WHITEHOUSE. Madam Presi- experts and they have convinced him. have good ideas, if they have read the dent, at this point I will speak, if I This is rising to be a greater threat to legislation as it is redrawn and want to may, in the nature of a colloquy with America than any other threat we face share those ideas with us today, Demo- the chairman and with the Senator today, and that is saying a lot, but I crats and Republicans, that would be a from Delaware, but first let me thank believe it. huge help. the Senator from Delaware for his very I thank the Chair, and I yield the I hope everybody over at the chamber kind remarks. Senator CARPER, as ev- floor for my friend from Delaware. is watching today, and I hope they hear erybody knows in the Senate, is really The ACTING PRESIDENT pro tem- this request for them to be more in- a bellwether of bipartisanship, and he pore. The Senator from Delaware. volved in a constructive way. It is not constantly seeks cooperation. So I ap- Mr. CARPER. Madam President, I am so much that we need them in the Sen- preciate very much his efforts to bring joined on the floor by Senator WHITE- ate, we need them as a country, and us together. HOUSE, so we might take a moment the folks who are their members across The chairman has been working very here with the chairman to have a little the country need them to be involved hard on these bills for many years, and bit of a colloquy and then head off to as well. the bill on the floor now is the product another hearing. This legislation started out as more of considerable work in his com- While he is here, I wanted to say a of a command-and-control deal where mittee—Homeland Security and Gov- special thank-you to Senator WHITE- our Department of Homeland Security ernmental Affairs Committee—consid- HOUSE for the work he and JON KYL, was going to say: These are our stand- erable work in the Intelligence Com- our colleague from Arizona, and CHRIS ards, and we expect companies and in- mittee, and considerable work in the COONS, our colleague from Delaware, dustries in critical areas to comply Commerce Committee primarily, al- and others have done in really helping with these, and that is it. though we in the Judiciary Committee to put the meat on the bones, if you That is an oversimplification of the have had some input as well. So while will, of our original legislation. And original legislation, but we have moved there has been no specific hearing on they have done great work. I really ad- so far away from that, it is amazing. the assembled bill, because it covers so mire them, and I thank all of them. We have moved from a command-and- many committees, it has to be brought Over at the other end of the Capital, control system to one where we say to together at some point, and its compo- they have spent a whole lot of time in critical industries, sensitive industries: nents have had extensive committee recent weeks and months on the issue Listen, you figure out amongst your- work. So we have all put a lot of effort of Fast and Furious, and I wanted to selves what the best practices and into this, and we have actually all mention that one of the reasons I think standards ought to be for protecting come a very long way, I believe. the American people are furious with you and your businesses and your Our window is very short, and I hope us is we are not moving fast enough to ideas. You figure it out, you share and expect we can use the hours ahead deal with the economy and to create those ideas, develop those ideas, really, of us literally to work to close this jobs. Yet government doesn’t create in a collaborative way with a council gap. But I believe the distance we have jobs. Presidents don’t create jobs. Gov- that includes the Department of Com- come, and particularly that last bit of ernors don’t create jobs. As a former merce, the Department of Justice, the distance, when the chairman changed Governor, I know this. Members of the Department of Defense, Homeland Se- S. 3414 to go from a traditional manda- Senate don’t create jobs. We help cre- curity. And then, in an interim proc- tory regulatory system to the new vol- ate a nurturing environment for jobs ess, we refine those ideas, refine those untary standards, really has moved us and job creation. That includes a lot of best practices, and refine those stand- in enormous ways. We are almost on things, such as a world-class work- ards, which would then be imple- the 1 yard line now, and I believe it force, access to capital, infrastructure, mented. If companies don’t want to would be such a shame, with things access to reasonably priced energy and comply with them, they do not have to. being that close, if we couldn’t close reasonably priced health care. But it It is on a voluntary basis. If they do, the deal. also includes, as we go forward in time, there are rewards. If they do not, they I would like to ask the chairman to the assurance that if a company spends do not participate in those rewards, in- react to that assessment of our situa- a lot of money—a lot of R&D and including protection from liability. tion, and I would also like to ask him vestments—and it comes up with a Sometimes we get stuck on legisla- to react to one other point, which is really good idea that has commercial tion, and we just say: This is it, and we that the House took action on cyber se- application, that before it can even are not going to change it. This is it, curity but it only did so in the form of build that idea, create that idea, or sell and we are not going to let you do that. legislation on information sharing. All that idea in this country and manufac- But here we have changed this legisla- of our information—the letter yester- ture and sell it around the world, the tion dramatically and I think for the day from General Alexander and every- idea is not going to be stolen—stolen— better. Some people say we changed it thing we have heard from our national by someone from another country who too much in order to get to ‘‘yes.’’ security officials—is that is not will use that idea to make money on The last thing I would say before I enough. their own. yield to Senator WHITEHOUSE is that We have two really important jobs. That introduces an uncertainty in the legislation before us is not a Demo- One is information sharing, and the this country we have never had to cratic idea, nor is it a Republican idea. other is defending America’s privately worry about before. We just have not This is not a conservative idea. This is owned critical infrastructure—our had to worry about that before. But, as not a liberal idea. This is a good idea, electric grids, our communications

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12965 networks, our data-processing systems. that it might incur. Even the public mittee—it is now the Homeland Secu- Those are our great liability. Those are sector is limited in how much it can rity and Governmental Affairs Com- the things Secretary of Defense Pa- reach out or help. So it is important mittee—chaired then by Senator Fred netta was referring to when he said that the House has addressed that part Thompson in 1998, 14 years ago. I can that the next Pearl Harbor we confront of it. tell my colleague that in recent years, could very well be a cyber attack. I will say—and not just parentheti- Senator COLLINS and I have held 10 So are we as close as I think and is it cally—that there has been very signifi- hearings on the subject of cyber secu- important that the Senate do its job cant concern of a lot of Americans and rity. That is only in our committee. because the House simply failed to ad- a quite remarkable coalition of That is not counting judiciary, intel- dress the critical infrastructure part of groups—remarkable in the sense that ligence, commerce—I think foreign re- our responsibilities? it is right to left, along the ideological lations may have held some hearings Mr. LIEBERMAN. Again, I thank our spectrum—about the personal privacy on it too. In fact, we held a hearing friend from Rhode Island for the ex- rights of the American people, that just earlier this year, I believe it was traordinarily constructive role he has they not be compromised as a result of March, on cyber security and the legis- played—unusual here, unfortunately— this information sharing. lation that we knew we were going to in bringing the group of eight Mem- Those privacy advocacy groups are bring forward. This has been heard. bers, four Democrats and four Repub- not happy with the House information- I wish to say this too. I mentioned licans, together. Senator WHITEHOUSE, sharing bill. I am pleased they have Senator REID’s commitment to doing along with Senator KYL of Arizona, praised what we have tried to do as a something about cyber security. Last created a bridge that really invited result of negotiations with colleagues year—I am trying to think, but I can- Senators COLLINS, FEINSTEIN, ROCKE- in this Chamber who are concerned not remember a time on another bill FELLER, CARPER, and me to come half- about privacy. The point Senator where I saw this happen—Senator REID way across to change our bill from WHITEHOUSE makes is so true, but that asked the Republican leader, Senator mandatory to voluntary. is only half the job. Everybody who MCCONNELL, to join him in calling in So my answers to the Senator’s two cares about cyber security has said it. the Democratic chairs and the ranking questions are yes and yes. We are a lot There was, I must say, an encour- Republican members of all the relevant closer than we were really just a aging, inspiring, for us, editorial in the committees, relevant to cyber security month ago—a matter of weeks ago. New York Times today, supporting es- that we just talked about, and made an There is a remaining difference, and it sentially S. 3414, the underlying bill, appeal that we work together to bring is real. But considering where we have and crying out to us to take action and one bill which he would then, as he has come from, if we show a willingness to not get dragged down into gridlock by done before when a subject covers more compromise—and again, as I have said special interest thinking. But here is a than one committee, blend into a sin- over and over, not a compromise of statistic that jumped out at me. I saw gle bill and bring to the floor under principle—that acknowledges that if it once before, but we have not heard it majority leader’s authority pursuant everybody in the Senate insists on get- in this debate. In a Times editorial to rule XIV of the Senate rules, which ting 100 percent of what they want on today entitled ‘‘Cybersecurity at he has done today. a bill, nobody is going to get anything Risk,’’ this sentence: ‘‘Last year, a sur- So there has not been a specific hear- because nothing is going to pass. So we vey of more than 9,000 executives in ing on this bill, but Lord knows there have come back from our 100 percent more than 130 countries by the have been a lot of hearings and this bill quite a lot, and we are still open to PricewaterhouseCoopers consulting has been vetted and negotiated not ideas that will enable us to achieve firm found that only 13 percent of only with many Members of the Senate what we need to achieve here in im- those polled had taken adequate defen- but by our committee and all the other proving our cyber security, which sive action against cyberthreats.’’ committees—by stakeholders, private means changing where we are now. That is worldwide. But I can tell you stakeholders, by some of the very busi- That is why, as my friend from from what I know, the number in our nesses and business organizations that Rhode Island knows, we are going to country is not much better. That is now seem to be the main block to mov- keep meeting today with the other why we need this set of standards, best ing forward on the bill. leading sponsors of the bill and with practices, computer hygiene—no longer I probably responded to my friend at the peacemakers in between to see if mandatory but we create an incentive. greater length than I might have or we can find common ground and avoid It is as if a company chooses to go into perhaps more than he expected, but his what I think could be a very dis- what my friend from Rhode Island has questions were right on target, and I appointing cloture vote—a very divi- quite vividly described as Fort Cyber thank him for giving me the oppor- sive, very destructive cloture vote—to- Security. We are going to build Fort tunity. morrow. Cyber Security of the best practices to The second point is a very important defend cyber security, and we are going Mr. WHITEHOUSE. Will the Senator one; that is, the House has acted, but it to leave it to the companies that oper- yield for another question? has only acted with regard to informa- ate critical infrastructure totally on Mr. LIEBERMAN. Yes. tion sharing. This is important, but it their own whether they want to go into Mr. WHITEHOUSE. I mentioned, to is only half the job. The information Fort Cyber Security. If they do, they use the Senator’s words, it was impor- sharing, in brief, says that private will have some significant immunity tant to help the private sector companies that operate critical infra- from liability in the case of a major at- strengthen itself. Some of the debate structure can share with other private tack. that has surrounded this bill has sug- companies if they are attacked or as My answer to the Senator’s questions gested that if we just get the heavy they begin to defend themselves so are yes and yes. I just want to come hand of government out of the way and they mutually can strengthen each back to something the Senator said at let the nimble private sector do its other. They can also share with the the outset of his remarks. I never know thing to protect critical infrastructure, government, and the government, par- how much this argument weighs on all will be well, and that a purely pri- ticularly through the Department of Senators’ minds, but once again it is vate sector way of proceeding is the Homeland Security and the National being made here, which is this bill has best way to proceed. Security Agency, can help the private received no hearings; it is not ready for In that context, the Senator men- sector strengthen itself. Those kinds of action. tioned the study that showed that only communications, which are critical Good God. I went back and looked at 13 percent of the private businesses and would seem natural, don’t happen the RECORD. I attended my first hear- that were reviewed were adequately now in too many cases because the pri- ing on cyber security held in what was cyber security prepared. The NCIJTF, vate sector is anxious about liability then the Governmental Affairs Com- which is the FBI-led joint task force

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12966 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 that protects our national cyber infra- nies get frustrated that their CEOs It is about pursuing an all-of-the- structure, has said that when they de- don’t want to devote enough time and above strategy, and I mean truly pur- tect a cyber attack and they go out to resources to beefing up their cyber de- suing an all-of-the-above strategy; not work with the corporation that has fenses. saying it and then picking certain been attacked, 9 out of 10 times the The Senator said something very im- types of energy we want and don’t want corporation had no idea. It is not just portant, which is cyber theft and cyber but, instead, creating a climate and a a government agency, the NCIJTF, attack is so insidious that a lot of peo- national comprehensive energy policy saying that, there is a company called ple and companies who are victims of that truly empowers private invest- Mandiant which is sort of ‘‘Who are cyber attack don’t even know it. My ment to develop all of our energy re- you going to call? Ghost Busters.’’ great fear is that there is a lot of sources and all types of energy. When someone is hit, they come in and malware or bugs—I called it cyber cells The Domestic Energy and Jobs Act is help the companies clean up. They say earlier—planted in some of our critical actually a package of energy bills. the same thing: Out of 10 times, these cyber control systems in our country Many of these have already passed the companies had to find out that they waiting for the moment when an House, and we have introduced them had been penetrated from a govern- enemy wants to attack us. now in the Senate as well—13 separate ment agency telling them, ‘‘By the Senator REID yesterday pointed to pieces of legislation pulled together way, you have been hacked. They are the terrible tragedy in India where the into this energy package, with energy in there.’’ power system has gone out. There is no leaders from both the House and the In fact, he said 48 out of the last 50 evidence there was a cyber attack, but Senate. It clearly demonstrates that companies they dealt with had no idea. I saw today that 600 million people are we have a strategy, we have a com- The Aurora virus hit 300 American without electricity. It has had a ter- prehensive energy plan to move our companies, and only three of them rible effect on quality of life, on the country, and it is ready to go. knew it. The chamber of commerce, economy, et cetera. Unfortunately, If we look at the situation right now, which is very active in this debate, had this is what an enemy who is capable there are hundreds of billions of dollars Chinese hackers with complete impu- today could do to us, and they are out of private investment, of capital that nity throughout its cyber systems there. would be invested in energy projects in Mr. WHITEHOUSE. The only reason- without knowing about it for at least 6 this country, but they are being held able conclusion one could draw is that months. It was only when the govern- up. These projects are being held on it would be prudent to view, with some ment said, ‘‘By the way, guys, your the sidelines because of the inability to caution and some skepticism, the info was on a server in China,’’ that be permitted or because of burdensome claims of folks who are hacked and they realized, ‘‘Oh, my gosh; we have regulation. We need to create the kind penetrated at will—and who often usu- been hacked too.’’ of approach, the kind of business cli- ally don’t even know it—that: Don’t Then the Senator has used the sta- mate, the kind of energy policy that worry. Trust us. We can take care of tistic I have used before—that General will unleash that private investment. this. Everything is fine. Alexander, who is head of Cyber Com- Mr. LIEBERMAN. I thank my friend. That is exactly what this legislation mand, has adopted—which is that And, of course, I agree. That is why we does. America is now on the losing end of the are legislating—but we are trying to First, it reduces the regulatory bur- biggest transfer of wealth in history legislate as minimally as we possibly den so these stalled energy projects— through illicit means as a result of can—to begin to solve this problem. again, hundreds of billions of dollars in cyber industrial espionage—stealing I yield the floor. The Senator from private investment, not government from us our chemical formulas, our Maryland is here. The Senator from spending but in private investment— manufacturing processes, and various North Dakota is here. that would move forward with energy things that create value in the coun- Mr. HOEVEN. I thank the Senator. I projects that would not only develop try. certainly want to accommodate the more energy more cost effectively and So I am not just pinpointing indi- schedule. more dependably, but also with better vidual examples. If we look at it from Mr. LIEBERMAN. In the order of environmental stewardship, deploying a macro point of view, we are getting fairness, we yield to my friend from the latest, greatest technology that our clocks cleaned in this area. The North Dakota. would produce the energy, and do it private sector, it seems to me all of the The ACTING PRESIDENT pro tem- with better environmental steward- evidence suggests, is an area in which pore. The Senator from North Dakota. ship—not only for this country but ac- it is not adequately protecting itself ENERGY tually leading the world to more en- without a government role to spur co- Mr. HOEVEN. Madam President, I ergy production with better environ- operation and to set an agreed stand- rise to speak as if in morning business mental stewardship. ard that NSA and the people who are on the subject of energy. But these projects are held up either watching this with real anxiety every I commend my colleagues for their because they can’t get permitted or be- day know is an adequate standard to excellent work on cyber. I look forward cause they can’t get through the regu- meet the needs. to working with them, and I thank latory redtape to get started and get If the Senator from Connecticut them for the incredible amount of work going. This legislation cuts through would respond, I would be grateful. and diligence they are putting into this that. Mr. LIEBERMAN. Basically, I would extremely important effort. I rise this It also helps us develop the vital in- say I agree. There is not much I could morning to speak on the incredible im- frastructure we need for energy devel- add to that. This is not legislation that portance of energy security for our opment. A great example is the Key- is a solution in search of a problem. country. stone XL Pipeline, a $7 billion 1,700- This is a real problem. Again, we are Last week I introduced the Domestic mile pipeline that would move oil from hearing it from all the cyber security Energy and Jobs Act along with 30 Canada to our refineries in the United experts. sponsors on the legislation. It is a com- States, but that would also move oil If the private sector owners of crit- prehensive plan for energy security for from my home State—100,000 barrels a ical cyber infrastructure—electric our country. When I say energy secu- day for starters—to refineries. We need power grids, telecommunications, fi- rity, what I mean is producing more that vital infrastructure. That is just nance, water dams, et cetera—if they energy than we consume; getting our one example. were taking enough defensive action, Nation to energy security by not only This legislation also develops our re- we wouldn’t want to act, but they are producing enough energy for our needs, sources on public lands as well as pri- not. And we understand why. We have but even beyond that. It is absolutely vate lands. So we are talking about ex- talked about this. A lot of the CIOs— doable. There is no question we can do pedited permitting both onshore and chief information officers—in compa- it. offshore, on private lands and on public

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12967 lands, including for renewables. It sets to be. We just need the right approach Ms. MIKULSKI. Madam President, I realistic goals. It sets a market-based to make it happen right here and to come to the floor today to talk about approach that would truly foster all of work with our closest friend and ally, cyber security, the pending Lieberman- our energy resources rather than pick- Canada. Collins bill, and the need to act—and ing winners and losers. It would also The reality is developing our energy the need to act before we adjourn for put a freeze and require a study of resources is an incredible opportunity, the August break. rules that are driving up gasoline and we need to seize it right now, with I come today to the floor as I did prices that are hitting families and both hands. We can do it. That is ex- when I spoke yesterday. I don’t come businesses across this country. And it actly the plan we are putting forward. as a Democrat, I come as an American. includes legislation that Senator MUR- Earlier this year we passed legisla- If ever there was an issue where we KOWSKI of Alaska has added to our tion through the House and through have to forget if we are red States or package that would require an inven- the Senate in conjunction with the blue States, it is this issue. tory of critical minerals in the United payroll tax credit legislation. Attached I am going to stop my remarks. I States and set policies to develop them to it we required the President to make note the Senator from Arizona is on as a key part of developing a com- a decision on the Keystone XL Pipe- the Senate floor, and I know he was prehensive energy approach and a com- line. He chose to turn it down. Shortly scheduled to speak at 12:45. I was prehensive energy plan for our country. after that, the Prime Minister of Can- scheduled to speak at 11:30. I have So what is the impact? The U.S. ada, Stephen Harper, went to China. He about 10 minutes. I just want to ac- Chamber of Commerce in March of last met with Chairman Wu and China’s en- knowledge where we are. year put forward a report. In that re- ergy leaders, and he signed a memo- So resuming my comments, Madam port they showed there are more than randum of agreement. That memo- President, what I wanted to say is this: 350 energy projects nationwide that are randum of agreement between China This is when we have to forget we are being held up either due to inability to and Canada called for more economic red States or blue States, we have to get permitted or regulatory burden, as cooperation and more energy develop- forget what we have on our bumper I have described—more than 350 ment, with China working in conjunc- stickers, and we have to come together projects—that if we could just tion with Canada. and not be the red State party or the greenlight these projects, they would Just last week, CNOOC—one of Chi- blue State party but to be the red, generate $1.1 trillion in gross domestic na’s largest government-controlled white, and blue party for the United product and create 1.9 million jobs a companies—made a $15 billion tender States of America. We must put aside year just in the construction phase. offer for the Nexen Oil Company, a partisan differences and ideological So this legislation truly is about en- large oil company in Canada, to pur- viewpoints. We need to act, and we ergy—more energy, better technology, chase their interests in the Canadian need to act in the defense of the United and better environmental stewardship. oil sands. It also includes mineral in- States of America. But it is also very much about creating terests offshore, lease interests off- The Senate has a great opportunity jobs—creating jobs at a time when we shore of the United States in the gulf today and tomorrow to pass legislation have more than 8.2 percent unemploy- region, as well as in the North Sea to protect, defend, and deter a cyber ment, more than 13 million people out area. But primarily it is an acquisition attack on the critical infrastructure of by the Chinese of huge amounts of of work and looking for work. This will the United States of America. create an incredible number of jobs. It tracts in the oil sands in Canada. What do I mean by critical infra- So just what we said: If we don’t is about creating economic growth. structure? It is our electrical power Look at our debt and our deficit. Our work with Canada on projects such as grid, our financial services, our water debt is now approaching $16 trillion. the Keystone XL Pipeline, the oil that supplies. It is those things that are the We need to get this economy going and is produced in Canada, instead of going bread and butter of keeping America, growing to reduce that deficit and re- to the United States will go to China its businesses, and its families going. duce that debt along with controlling or Americans will be put in the posi- Through voluntary participation, we our spending. But we need economic tion of buying Canadian oil from the can work with the private sector that growth to get on top of that debt and Chinese because of a failure to act on owns and operates the critical infra- deficit. As I described, just the 350 key projects such as the Keystone XL projects alone and $1.1 trillion in GDP Pipeline because we are not acting on structure to keep our critical infra- to help create that economic growth, the kind of energy policy we are put- structure hardened and resilient to put people to work, and help reduce ting forward right here. against attack. I worry about the possibility of an our deficit and our debt. Ask the American people what they Let’s talk about national security. want. What they want is that we move attack. We know there are already at- The reality is with the kind of ap- forward with the energy package we tacks going on, particularly in our fi- proach I am putting forward in the put forward, and we need to do it. If we nancial services. We know our personal United States and working together check gas prices, they are now back up identities are being hacked, and we with our closest friend and ally Can- to $3.50 a gallon national average. know small business is being attacked. ada, we can get to energy security When the current administration took I will give examples later on. Not only without a doubt in 5 to 7 years. That office, it was $1.85 national average per do I worry about an attack, I equally means producing more energy than we gallon. That is a 90-percent increase. worry about our inertia, where we do consume within 5 to 7 years. Think how What ramifications does that have for nothing. important that is. our economy? What ramifications does I bring to the attention of the Senate Look what is going on in the Middle that have for small businesses? What and all those watching that Leon Pa- East. Look what is going on in Syria. ramifications does that have for hard- netta, the Secretary of Defense, called What is going to happen there? Look at working American families? I think we our cyber vulnerability our potential what is going on in Iran and their ef- all know the answer to that. digital Pearl Harbor. The Presiding Of- forts to pursue a nuclear weapon and The time to move forward is now. It ficer is from New York. We don’t want what is going to happen with the Strait couldn’t be more clear. We control our a cyber 9/11. We can act now. We can of Hormuz. An incredible amount of oil own destiny. We need to take action. act when it is in our power to protect, goes through that area. Look at what We need to move forward on the kind defend, and deter these attacks. That is is happening in Egypt with the Muslim of energy plans that truly benefit our what I want. I want us to have a sense Brotherhood. Do we really want to be people and our country. I call on my of urgency. I want us to go to the edge dependent on the Middle East for our colleagues to join me in this effort. of our chair. I want us to put our best oil? I yield the floor. thinking on to be able to do the kind of I think the American people have The ACTING PRESIDENT pro tem- job we need to do to find a sensible cen- said very clearly no, and we don’t have pore. The Senator from Maryland. ter on how we can do that.

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The elec- always look ahead and reevaluate this. at the Senate floor and say: What the tricity was going off around Estonia. I want everyone to know if a cyber at- heck are they doing? What are they We thought, from the Intelligence tack comes and happens to the United going to do? They are going to look at Committee, it would be the first cyber States and we have failed to act, we us and say: There they go again. attack on a NATO nation, and we were will overreact, we will overregulate, We know our own inability to pass going to trigger the NATO Charter ar- and we will overspend. legislation, our own partisan gridlock ticle V that an attack on one is an at- Why do I have a sense of urgency and deadlock works for our predatory tack on all. right now? Let me say this: When we enemies in a positive way. They are Thanks to the United States of adjourn tomorrow for the August saying, well, our first line of attack is America and our British allies, we had break, we don’t come back until Sep- for them to do nothing. They are the technical know-how to go in and tember 10. We will go out somewhere thinking how they can make sure the help them. Who is going to have the around October 1. That means if we critical infrastructure is vulnerable. technical know-how to help us? We don’t act by tomorrow or Friday, we How can they weaken the critical in- have the technical know-how right now will essentially only have about 14 frastructure? One way is by not passing to make our critical infrastructure working days in September to do this. legislation and putting in those hard- hardened and resilient. We shouldn’t Well, we can’t let this go. ened, resilient ways to protect, defend, harden our positions so we can’t get to I conclude my remarks by saying and deter. Our adversaries are laughing a resilient critical infrastructure. this: To my colleagues on both sides of right this minute. They just have to I could go on with examples. I know the aisle, let’s be the red, white, and watch us. Well, this is no laughing my colleague from Arizona wants to blue party. Let’s come to the middle matter. come to the floor, but I just want to ground. Let’s do what we need to do to What is the intent of a cyber attack? say one more thing. I have been in- protect and defend the United States of What is the intent? Is it the same involved in this from not only my work America. There are good people who tent as a nuclear attack? Is it the same on the Intelligence Committee, but we have been working on this. Some have attempt as flying into the World Trade fund the Justice Department through extraordinary national security cre- Center? It is all the same. It is to cre- the Appropriations Committee, and dentials. Let’s put our best heads to- ate chaos, it is to create civil insta- they are very involved and hands on gether and come up with the best bility, and it is to create economic ca- with the policy issues around the FBI. amendments. Let’s come up with the tastrophe that makes 9/11 look minus- Now, if Director Mueller were here, best protections of the United States of cule. he would say the FBI currently has America, and let’s do it by tomorrow Just think about a cyber attack in 7,600 pending bank robbery cases. Guess night. which our grid goes down. Think of a what. He has 9,000 pending cyber bank- God bless America. I yield the floor. blackout in New York. Think of a ing attacks. There are more cyber The ACTING PRESIDENT pro tem- blackout in Baltimore. Remember heists than there are regular heists. pore. The Senator from Arizona. when we did the cyber exercise here That doesn’t make it right. Mr. MCCAIN. Madam President, I ask where it showed what would happen? Now, is a cyber attack coming? Is it to engage in a colloquy with the Sen- The stop lights go down, the lights go something out of Buck Rogers or Betty ator from Georgia, Mr. CHAMBLISS, the out in the hospitals, the respirators go Rogers or the cyber Betty Crocker Senator from South Carolina, Mr. off, business shuts down, commerce cookbook or whatever? The NASDAQ, LINDSEY GRAHAM, and if he wants to, shuts down, 9–1–1 shuts down, America as the gentlelady from New York the Senator from Indiana, Mr. COATS. is shut down, and we will be powerless knows, the NASDAQ and New York The ACTING PRESIDENT pro tem- and impotent to put it back on in any Stock Exchange has already been at- pore. Without objection, it is so or- quick and expeditious manner. tacked. Hackers repeatedly penetrated dered. Right now we are in the situation the computer networks at the Mr. MCCAIN. Madam President, be- where we have an early missile detec- NASDAQ stock market. The New York fore I go to the issue we want to dis- tion. We know the cyber attack will Stock Exchange has been the target of cuss, I want to point out in this debate come. We need to do something. With cyber attacks. That sounds so vague that has become so impassioned that this cyber attack, think of the chaos of but, remember, successful attempts to the issue of cyber security is one of no electricity. Just think of it. We shut down or steal our information are transcendent importance, and I want have all lived through blackouts, and going on every day. to again reiterate my respect, appre- we had a terrible freak storm here a Madam Chair, do you remember in ciation, and affection for both Senator few weeks ago. No matter how late 2010 the Dow Jones plunged 1,000 points LIEBERMAN and Senator COLLINS. Pepco, BG&E, and Dominion was in re- because of a flash crash? That was a re- I also point out to my colleagues sponding, they can get the electricity sult of turbulent trading. That can be that the people who are directly af- back on. What happens if they can’t manipulated by cyber, and it could fected by this—and that is the business get the electricity back on? What hap- happen several times a week. What are community of the United States of pens if they can’t get it back on for we going to do? America—are unalterably opposed to weeks or longer? There we are power- Our banking industry clears $7 tril- the legislation in its present form. less, impotent, and the President of the lion worth of financial goods, products, They are the ones who will be affected United States is wondering what to do. and actual real money every day. most dramatically by cyber security Remember, the attack is to humili- Imagine what would happen if that was legislation. The U.S. Chamber of Com- ate, intimidate, and cripple: humiliate thrown into turmoil or shut down. I merce, which represents 3 million busi- by making us look powerless, intimi- don’t want to go through grim example nesses and organizations of every size, date by showing there is this power after grim example, but let me say sector, and region, has a strong letter over us, and to cripple our functioning this: Good people in this body have which supports the legislation we have as a society. I find it chilling. been working on both sides of the aisle. proposed. We saw an attack on a little country We are close, and I urge my col- I finally would just like to say that I called Estonia. That is how I got into leagues now: Let’s either vote for clo- have had hours and hours of meetings this. I was sitting on the Intelligence ture or come to a regular agreement to with my colleagues on both sides of the

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I don’t think it is ica, should be left out of this discus- Senator MCCAIN has, is what we do an accident that we are reading in the sion, of course, is not appropriate nor today becomes precedent for tomorrow. paper about efforts by the administra- do I believe it will result in effective So are we going to sit on the sidelines tion and our allies to use cyber attacks cyber security legislation. here and allow the Attorney General— against the Iranian nuclear program as NATIONAL SECURITY LEAKS who is under siege by our colleagues in a way to try to head Israel off from I really came to the floor today to the House about the way he has han- using military force. I don’t know if it talk about the issue of the leaks, the dled Fast and Furious and other mat- happened, but the details surrounding leaks which have directly jeopardized ters—to appoint two U.S. attorneys the cooperation between us and Israel America’s national security. At the who have to answer to him to inves- and how we engaged in cyber attacks Aspen Security Forum, just in the last tigate allegations against the very against the Iranian nuclear program few days, the head of Special Oper- White House that appointed him? The are chilling and something we should ations Command, Admiral McRaven, reason so many Democrats wrote to not read about in the paper. observed that the recent national secu- President Bush and said, You cannot The second thing we read about in rity leaks have put lives at risk and possibly investigate the Scooter Libby- the paper was how we disrupted the un- may ultimately cost America its lives Valerie Plame leak because it involves derwear bomber plot where there was a unless there is an effective crackdown. people very close to you—well, let’s double agent who had infiltrated an al- Admiral McRaven, the head of our Spe- read some of the letters. Biden, Qaida cell, I believe it was in Yemen, cial Operations Command said: Daschle, Schumer, and Levin letter to and how we were able to break that up; We need to do the best we can to clamp President Bush, October 9, 2003: and the man was given a suicide vest down because sooner or later it is going to We are at risk of seeing this investigation that was new technology and couldn’t cost people their lives or it is going to cost so compromised that those responsible for be detected by the current screening us our national security. this national security breach will never be devices at the airports, and how we This is another national security identified and prosecuted. Public confidence were able to basically infiltrate that issue, my friends, and I appreciate very in the integrity of this investigation would cell, and God knows the damage done much the fact that Governor Romney be substantially bolstered by the appoint- to our allies and that operation. ment of a special counsel. rightly referred to these leaks as con- Mr. MCCAIN. Could I ask my friend, temptible and a betrayal of our na- Senator Biden: isn’t it also true that this individual tional interests. I think they should appoint a special pros- had some 23 family members whose I wish to point out to my colleagues ecutor, but if they’re not going to do that, lives were also placed in danger be- that, yes, there are supposedly inves- which I suspect they’re not, is get the infor- cause of the revelation of his identity? tigations going on and, according to mation out as quick as they possibly can. Mr. GRAHAM. That is what we have This is not a minor thing . . . There’s been a media, hundreds of people are being federal crime committed. The question is been told in the paper. interviewed. Well, I am no lawyer. I am who did it? And the President should do ev- We also have a story about the kill no prosecutor. Senator GRAHAM may erything in his power to demonstrate that list—a blow-by-blow description of how have some experience in that. But what there’s an urgency to find that out. President Obama personally oversees about the 2009 G20 economic summit Then he goes on later and says: who gets killed by drones in Pakistan, when, according to the New York There’s been a federal crime committed. and at the end of the day, I am not so Times journalist David Sanger, ‘‘a sen- You can’t possibly investigate yourself be- sure that is something we should all be ior official in the National Security cause people close to you are involved. reading about. Council’’ tapped him on the shoulder In the Abramoff scandal, which in- But if that is not enough, what about and brought him to the Presidential volved Jack Abramoff, a person very releasing the Pakistani doctor—the suite in the Pittsburgh hotel where close to House leadership and some person who allegedly helped us find bin President Obama was staying and people in the Bush administration, and Laden, and his role in this effort to where ‘‘most of the rest of the national our Democratic colleagues, 34 of them, find bin Laden is also in the paper, and security staff was present.’’ There the said the following: now he is in jail in Pakistan. journalist was allowed to review sat- The sum total is that the leaks have FBI officials have said that the Abramoff ellite images and other evidence that investigation ‘‘involves systematic corrup- been devastating. They have put peo- confirmed the existence of a secret nu- tion within the highest levels of govern- ple’s lives at risk. They have com- clear site in Iran. ment.’’ Such an assertion indicates extraor- promised our national security, unlike I wonder how many people have the dinary circumstances and it is in the public anything I have seen, and people expect key to the Presidential suite in that interest that you act under your existing us to sit on the sidelines and let the Pittsburgh, PA hotel? We might want statutory authority to appoint a special White House investigate itself? No to start there. Instead, we have two counsel. way. prosecutors, one of whom was a strong So our Democratic colleagues back Those who wrote letters in the past and great supporter of the President of during the Bush administration said, suggesting that Bush could not impar- the United States. And the same peo- We don’t trust you enough to inves- tially investigate himself, where are ple—I am talking about the Vice Presi- tigate compromising national security they today? Is this the rule: We can’t dent of the United States and others— by having an agent outed allegedly by trust Republicans, but we can trust who strongly supported a special coun- members of your administration. We Democratic administrations to get to sel in the case of Valerie Plame and, of don’t trust the Republican Party appa- the bottom of things they are involved course, the Abramoff case. We need a ratus enough to investigate Jack in up to their eyebrows? special counsel to find out who was re- Abramoff, because you are so close to Do we think it is an accident that all sponsible for these leaks. him, and you should have a special of these books quote senior White I ask my colleague Senator GRAHAM counsel appointed. House officials? There is a review of if he has additional comments on this Well, guess what. They did. one of the books the Senator from Ari- issue. It has receded somewhat in the Here is what I am saying. I don’t zona mentioned that talked about the media, but the damage that has been trust this White House to investigate unprecedented access to the National done to our national security is signifi- themselves. I think this reeks of a Security Adviser. There is a vignette in cant. It has put lives at risk, and it has coverup. I think the highest levels of one of the books where the Secretary

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Programs viduals who have been charged with authorization bill recently in which we have been compromised. Our allies are the duty of prosecuting this investiga- have tried to address this issue from a very reluctant now to do business with tion, reeks of ethical issues. I don’t punishment standpoint. us. know these two U.S. attorneys, but ev- There are certain things that individ- This was, in my view, an intentional erything I know about them is they are uals are required to do when they leave effort by people at the highest level in dadgum good prosecutors and they are the intelligence community and go the White House to leak these stories good lawyers. But why would we even write a book. One of those things is for political purposes. And to accept put them in the position of having to they have to present their book to an that Eric Holder is going to appoint investigate in effect the individual who independent panel of intelligence ex- two people within his sphere of influ- appointed them to the position they perts, and that panel is to review the ence and call it a day is acceptable. are in? That is why we are arguing that information and then decide whether That is not going to happen. We are a special counsel is, without question, any of it is classified and shall not be going to do everything we can to right the best way to go. I am interested to released. In one of the instances we this ship, and we are asking no more of hear the response from my friend from have, one of those individuals never our Democratic colleagues than they Illinois to that issue. submitted his book to that panel. In Let me talk about something else for asked of the Bush administration. another instance, an individual sub- a minute, and that is the impact these To our Democratic colleagues: How mitted his book to the panel, and the leaks have had on the intelligence do you justify this? How do you justify panel said: You need to be careful in community. The No. 1 thing that indi- that you couldn’t investigate Abramoff these areas. And the advice from that viduals who go on the intelligence without a special counsel and you panel was pretty well disregarded. committees in both the House and the One of the provisions in our bill says couldn’t investigate what Scooter Senate are told—and I know because I if someone does that, if someone fails Libby may or may not have done with- have served on both of them and con- to submit their book to that panel, or out a special counsel, but it is OK not tinue to serve on the Senate Intel- if they disregard what that panel tells to have one here? How do you do that? ligence Committee—is to be careful them to do, then they are going to be Mr. DURBIN. Mr. President, will the what you say. Be careful and make subject to penalties. Part of those pen- Senator yield for a question? sure you don’t inadvertently—and ob- alties include the possible removal of Mr. GRAHAM. Absolutely. viously advertently—reveal classified their right to a pension from the Fed- The PRESIDING OFFICER (Mr. information. Be sure that in your com- eral Government—the portion the gov- FRANKEN). The Senator from Illinois. ments you never reveal sources and ernment is obligated to pay them, not Mr. DURBIN. The Senator asked methods. what they have contributed. whether this side would like to explain Well, guess what. The individuals Our intelligence bill is being criti- our position. I would be happy to do it who were involved in these leaks were cized by some individuals out there. at this point, but I can wait until my very overt in the release of sources and And guess who it is? It is the media and colleagues finish their colloquy, so it is methods with respect to the issues Sen- it is the White House. What does that their choice. ator GRAHAM referred to as having been tell you about their fear and their par- Mr. GRAHAM. Whatever the Senator leaked. Not only that, but lives were ticipation in the release of classified from Illinois wishes to do. I am dying put in danger, particularly the life of information? to hear how my Democratic colleagues the individual who was an asset who So this issue is of critical impor- think it is good government not to worked very closely with respect to the tance. It simply has to stop for any have a special independent counsel in- underwear bomber issue. We know that number of national security reasons, vestigate the most damaging national to be a fact. but the ones that have been addressed security leak in decades. I am dying to But there is also a secondary issue, by my colleagues obviously are to be hear the explanation. and that is this: We have partners highlighted. I look forward to whatever Mr. DURBIN. There is no need to die. around the world we deal with in the comments the Senator from Illinois I hope the Senator from South Caro- intelligence community every single may have with respect to justifying—I lina will continue living a good life be- day, and we depend on those partners know he is not going to justify the cause he is such a great Senator. But I and they depend on us to provide them leaks because I know him too well, but am asking if my colleague wants me to with information we have and likewise whatever his justification is for pro- join in this dialogue or would he rather that they give to us. A classic example ceeding in a prosecution manner the make his presentation? was detailed of one of these particular way the Department of Justice is going Mr. GRAHAM. Well, I tell you what. leaks on the front page of the New versus what the Bush administration Why don’t we let my colleague speak, York Times. Today why in the world did and appointing a special counsel in and then the Senator from Illinois will would any of our partners in the intel- a case that, by the way, pales in com- have all the time he needs. What does ligence community around the world— parison to the leaks that took place in my colleague, the Senator from Geor- those partners who have men and this particular instance. gia, Mr. CHAMBLISS, think? women on the front lines who are put- Mr. MCCAIN. Mr. President, before Mr. CHAMBLISS. Well, I am dying to ting their life in harm’s way and in we turn to our friend from Illinois for hear his explanation too, let me say danger every single day to gather intel- his, I am sure, convincing explanation that. ligence information and share that in- as to why a special counsel is not re- First of all, let me say that I join in formation with us—why would they quired, even though it was, in the opin- with everything my two colleagues continue to do that if they are now ion of his side, in a previous situation, have said with respect to, No. 1, the concerned about that information I want to just, again—and the Senator volume of the leaks that have come out being written about on the front page from Georgia and the Senator from in recent weeks. We all know this town of newspapers inside the United States South Carolina will also corroborate has a tendency to leak information and blasted all over television or wher- the fact that we have been working and from time to time, but never in the ever it may be? working, having meeting after meeting volume and never with the sensitivity The answer is pretty simple. Very after meeting, on the issue of cyber se- of the leaks we have read about on the honestly, there are some strong consid- curity.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12971 We believe we have narrowed it down So the obvious question raised by the So one person spoke out. Former Am- to three or four differences that could Republican side of the of the aisle is bassador Joe Wilson, who identified be worked out over time. Among them whether this President, President himself as a Republican, said: I do not is liability. Another one is information Barack Obama, thinks differently; believe there is any evidence to back sharing. But I think it is also impor- whether President Obama believes we up the assertion about the yellow cake tant for us to recognize in this debate should cut corners and not be so care- coming out of Africa. the people who are most directly af- ful when it comes to the leaking of Well, he was punished. Do you re- fected in many respects are the busi- classified information. member how he was punished? He was ness communities, and it is important My answer to that is look at the punished when someone decided to out that we have the input and satisfy, at record. Look at the record and ask this his wife Valerie Plame. Valerie Plame least to a significant degree, those con- basic question: When it comes to pros- had served as an intelligence agent for cerns. ecuting those believed to have been the United States to protect our Na- There are those who allege that a guilty of leaks of classified information, and someone decided that in order piece of legislation is better than no tion, which President of the United to get even with Joe Wilson they would legislation. I have been around this States has prosecuted more suspected disclose the fact that his wife worked town for a long time. I have seen bad individuals than any other President, in the intelligence agencies. legislation which is far worse than no Democrat or Republican? Barack Then what happened? If you will re- legislation. So we understand cer- Obama. member, when that story broke, the in- tainly—I and members of the Armed On six different occasions—five in the telligence community of the United Services Committee and others under- Department of Justice and one in the States of America said: We have been stand—the importance of this issue. Department of Defense—they pursued betrayed. If one of our own can be We also understand that those who the active prosecution of those they be- outed in a political debate in Wash- are directly affected by it—those con- lieved were guilty of leaking classified ington, are any of us safe? A legitimate cerns need to be satisfied as well. I information that might endanger the question. commit to my colleagues to continue United States. So there was an obvious need to find nonstop rounds of meetings and discus- Let me add another personal observa- out who did it, who disclosed her iden- sions to try to get this issue resolved. tion. It was last year when my friend tity, endangering her life, the life of To this moment, there are still signifi- Bill Daley, then-Chief of Staff to Presi- every person who had worked with her, cant differences. dent Obama, came to Chicago for a and so many other intelligence agents. Mr. President, do you recall what I say to my friend from Illinois, I luncheon. It was a nice day. We had a happened? I do. The Attorney General look forward to hearing his convincing nice luncheon. It was very successful. of the United States, John Ashcroft, discussion. He said he had to get back to Wash- recused himself from this investiga- I thank the Senator and yield the ington. He was in a big hurry. He never tion. It was the right thing for him to floor. said why. He told me later—he told me do because the questions about this Mr. President, I ask unanimous con- much later—after this occurred: I had sent that the Senator from Illinois be disclosure of her identity went to the to get back because we had a classified top of the administration. He recused involved in the colloquy. meeting about hunting down Osama The PRESIDING OFFICER. Without himself and appointed Patrick Fitz- bin Laden. We were sworn to secrecy at objection, it is so ordered. gerald, the U.S. attorney for the North- Mr. DURBIN. I did not know if the every level of government so that we ern District of Illinois, a professional, a Senator wanted to make his unani- never, ever disclosed information that professional prosecutor with the U.S. mous consent request that he came to we were even thinking about that pos- Department of Justice. the floor to make. sibility. Well, the investigation went on for a Bill Daley took it seriously. The Mr. MCCAIN. No. long time. At the end of the investiga- Mr. DURBIN. The Senator is not President takes it seriously. Anyone in tion, the Chief of Staff of the Vice going to make it? those positions of power will take it se- President of the United States was Mr. MCCAIN. No. The Senator will riously. To suggest otherwise on the found to have violated a law. That object. floor of the Senate is just plain wrong, came out, and eventually we learned Mr. DURBIN. Yes, I will. and it raises a question about this the identity of who actually disclosed Mr. President, I want to thank my President’s commitment to the Nation, the name of Valerie Plame. It was a se- colleague from Arizona. Occasionally, which I think is improper and cannot rious issue, one that called for a special historically, on the floor of the Senate be backed up with the evidence. counsel, and, if I remember correctly, there is a debate, and this may be one Now, let’s look at the evidence when there were even Republicans at that of those moments. I hope it is because it comes to the appointment of a spe- point joining Democrats saying: Let’s it is a worthy topic. cial prosecutor. Let me take you back get to the bottom of this. If this goes Let’s get down to the bottom line. I to those moments when a special pros- all the way to the top, let’s find out have served on the Intelligence Com- ecutor named Patrick Fitzgerald from who is responsible for it. So it was the mittee, as some of my colleagues have. the Northern District of Illinois was appropriate thing to do. We know the important work done by chosen to investigate the leak of clas- Now, take a look at this situation. the intelligence community to keep sified information. This President, who has activated the America safe. They literally risk their Let me put it in historical context. prosecution of six individuals sus- lives every day for us, and they are We had invaded Iraq. We did it based on pected of leaking classified informa- largely invisible. We do not see them at assertions by the Bush-Cheney admin- tion, takes very seriously the informa- the military parades and other places istration about the danger to the tion that was disclosed related to the where we acknowledge those warriors United States. One of those assertions al-Qaida techniques and all the things who risk their lives, but these men and dealt with Africa and certain yellow they were using to threaten the United women do it in so many different ways. cake chemicals that might be used for States. When I spent 4 years on the Senate nuclear weapons and whether they What has he done as a result of it? Intelligence Committee—and my col- were going to fall into the hands of the Let’s be specific because I really have leagues, I am sure, feel the same—I Iraqi leadership. to call into question some of the state- went out of my way to make sure I was It was one of the arguments—there ments that have been made on the careful with classified information so were many: weapons of mass destruc- floor. To say that the administration is as to continue to protect this country tion, and so forth, that turned out to covering this up, as to this leak, is just and never endanger those who were be totally false—leading us into a war plain wrong. helping us keep it safe all around the which has cost us dearly in terms of At this point, the Department of Jus- world. human lives and our own treasure. tice has appointed two highly respected

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12972 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 and experienced prosecutors with prov- I wonder if my colleague from Illi- taken place at the highest level. We en records of independence in the exer- nois is concerned when, according to know that. cise of their duties. U.S. Attorney his book, Mr. Sanger said: ‘‘A senior of- Mr. DURBIN. I would say to my Machen has recently overseen a num- ficial in the National Security Coun- friend from Arizona, if I am not mis- ber of public corruption prosecutions in cil’’ tapped him on the shoulder and taken, it was a noncommissioned offi- the District of Columbia. U.S. Attor- brought him to the Presidential suite cer at best and maybe not an officer in ney Rosenstein has overseen a number in the Pittsburgh hotel where Presi- the Army who is being prosecuted for of national security investigations, in- dent Obama was staying, and—I am the Wiki leaks. So let’s not say that cluding one of the five leak investiga- quoting from Mr. Sanger’s book—where the rank of anyone being prosecuted in tions that have been prosecuted under ‘‘most of the rest of the national secu- any way makes them guilty or inno- this President. The Justice Depart- rity staff was present.’’ There, the cent. We need to go to the source of the ment has complete confidence in their journalist was apparently allowed to leak. ability to conduct thorough and inde- review satellite images and other ‘‘evi- Mr. MCCAIN. No. But my friend pendent investigations into these mat- dence’’ that confirmed the existence of would obviously acknowledge that if it ters in close collaboration with career a secret nuclear site in Iran. is a private or a corporal or something, prosecutors and agents. When leaks take place around this it has not nearly the gravity it does This is not being swept under the town, the first question you have to when a person with whom the Nation rug. This is not being ignored. This is ask is, Who benefits? Who benefits has placed much higher responsibilities being taken seriously by this adminis- from them? Obviously someone who commits this kind of breach. tration, as every leak of classified in- wants to take a journalist up to the Mr. DURBIN. Of course. It should be formation will be taken seriously. presidential suite would make it pretty taken to where it leads, period. But let I know it is an election year. We are easy for us to narrow down whom we me also ask—I do not know if quoting fewer than 100 days away from the elec- should interview first. Who had the key from a book on the floor means what tion, and I know the floor of the Senate to the presidential suite? Who uses the was written in that book is necessarily is used by both parties this close to the presidential suite in a hotel in Pitts- true. Perhaps the Senator has his own election. But I want to make it clear burgh? These leaks are the most dam- independent information on that. this President has a record of commit- aging that have taken place in my time Mr. MCCAIN. But no one has chal- ment to protecting the men and women in the Senate and before that in the lenged Mr. Sanger’s depiction. No one who gather intelligence for America. U.S. military. Yes, six people have been in the administration has challenged He has a record of prosecuting more prosecuted. Do you know at what his assertion that he was taken by ‘‘a suspects for leaks of this information level? A private. The lowest level peo- senior official in the National Security than any other President in history. He ple have been prosecuted by this ad- Council to the presidential suite.’’ No has, through his Attorney General, ap- ministration. And this administration one has challenged that. pointed two career criminal prosecu- says they have to interview hundreds Mr. DURBIN. I would say to the Sen- tors to look into this case and said of people in the bottom-up process. ator, I do not know if that has to do they will have the resources and au- I can guarantee you one thing, I will with the information that was ulti- thority they need to get to the bottom tell the Senator from Illinois now, mately leaked about al-Qaida. It seems of it. That is the way to do it. there will not be any definitive conclu- as though it is a separate matter. But Will the day come when we say per- sion in the investigation before the it should be taken seriously, period. haps a special counsel is needed? I will election in November. That does not What more does this President need to not ever rule that out. Perhaps that mean to me that they are not doing do to convince you other than to have day will come. But it is wrong to come their job, although it is clear that one more prosecutions than any President to the floor and question this Presi- of these prosecutors was active in the in history of those who have been be- dent’s commitment to our intelligence Obama campaign, was a contributor to lieved to have leaked classified infor- community. It is wrong to come to the the Obama campaign. I am not saying mation? floor and question the credentials of that individual is not of the highest If you will come to the floor, as you these two men who have performed so caliber. I am saying that would lead said earlier—and I quote, the investiga- well in the service of the Department people to ask a reasonable question, tion is ‘‘supposedly going on.’’ I trust of Justice in years gone by. and that is whether that individual is the administration that the investiga- I thought Senator MCCAIN was going entirely objective. tion is going on. What evidence does to make a unanimous consent request. Americans need an objective inves- the Senator have that it is not going If he wishes to, let me yield to him at tigation by someone they can trust, on? this point. just as then-Senator BIDEN and then- Mr. MCCAIN. I say to my friend, it is Mr. MCCAIN. I would be glad to re- Senator Obama asked for in these pre- not a matter of trust, it is a matter of spond to my friend. vious incidents, which, in my view, credibility because if an administra- First of all, obviously, he is in dis- were far less serious and, in the view of tion has the same argument that then- agreement with the chairperson of the the chairperson of the Intelligence Senator BIDEN used and Senator Obama Intelligence Committee because she Committee, are far more severe than used in opposition to the administra- said these leaks were the worst in the those that were previously inves- tion investigating the Abramoff case 11 years she has been a member of the tigated. I would be glad to have my col- and the Valerie Plame case—they ar- Senate Intelligence Committee. So, ob- league respond to that. gued that it is not a matter of trust, it viously, the Abramoff and the Valerie Mr. DURBIN. First, let me say that is a matter of credibility with the Plame investigations are not nearly as whatever the rank of the individual— American people whether an adminis- serious, and they certainly were not private, specialist, chief petty officer— tration can actually investigate itself when we look at the incredible damage, if they are responsible for leaking clas- or should there be a credible outside according to Admiral McRaven, ac- sified information, they need to be in- counsel who would conduct this inves- cording to anyone who is an observer of vestigated and prosecuted, if guilty. tigation, which would then have the the incredible damage these leaks have Mr. MCCAIN. Absolutely. necessary credibility, I think, with the caused. Mr. DURBIN. So the fact that a pri- American people. I think that there is Again, the chairperson of the Intel- vate is being investigated should not a certain logic to that, I hope my col- ligence Committee said it is the worst get him off the hook. I would—— league would admit. she has ever seen. Admiral McRaven, Mr. MCCAIN. I do not think it gets Mr. DURBIN. Let me say to the Sen- as I said, said these have put lives at him off the hook. I think it has some ator that in that case, the Attorney risk and may ultimately cost Ameri- significance as compared to this kind General of the United States, John cans their lives. of egregious breach of security that has Ashcroft, recused himself—recused

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12973 himself. He said there was such an ap- Mr. MCCAIN. No. But what I am say- I learned yesterday, when Senator pearance of a conflict, if not a conflict, ing is that there is a significant credi- WHITEHOUSE of Rhode Island came to he was stepping aside. It is very clear bility problem that the Attorney Gen- the floor, that, in fact, the U.S. Cham- under those circumstances that a spe- eral of the United States has, at least ber of Commerce really turns out to be cial counsel is needed. In this case, with a majority of the House of Rep- pretty expert on this issue of cyber se- there is no suggestion that the Presi- resentatives—— curity. And I call the attention of the dent, the Vice President, or the Attor- Mr. DURBIN. The Republican major- Senator from Arizona, if he is not ney General was complicit in any leak. ity. aware of it, to a Wall Street Journal So to suggest otherwise, I have to say Mr. MCCAIN. On this issue, which article of December 21, 2011. This Wall to Senator MCCAIN, show me what you then lends more weight to the argu- Street Journal article is entitled are bringing as proof. ment, as there was in the case of Val- ‘‘China Hackers Hit U.S. Chamber,’’ Mr. MCCAIN. I am bringing you proof erie Plame and Jack Abramoff, for the and it starts by saying: that this Attorney General has a sig- need for a special counsel. A group of hackers in China breached the nificant credibility problem, and that Mr. DURBIN. I do not see the connec- computer defenses of America’s top business problem is bred by a program called tion. If the Attorney General and the lobbying group and gained access to every- Fast and Furious where weapons President said: We are not going to in- thing stored on its systems, including infor- were—under a program sponsored by vestigate this matter, Senator MCCAIN, mation about its three million members, ac- the Justice Department—— I would be standing right next to the cording to several people familiar with the matter. The complex operation involved at Mr. DURBIN. When did the program Senator on the floor calling for a spe- least 300 Internet addresses. . . . Four cham- begin? cial counsel. But they have said just ber employees who worked on Asian policy Mr. MCCAIN. Let me just finish my the opposite. They have initiated an in- had six weeks of their emails stolen. comment. A young American Border vestigation and brought in two career The article goes on to say that the Patrol agent was murdered with weap- criminal prosecutors whom we have Chamber of Commerce did not notice ons that were part of the Fast and Fu- trusted to take public corruption cases this breach that went on for 6 months. rious investigation. What has the At- in the District of Columbia and leaks The Federal Bureau of Investigation torney General of the United States of classified information in other cases. brought it to their attention. And then done? He has said that he will not come And he said: Now you have the author- they learned that the Chinese had not forward with any information that is ity. Conduct the investigation. only hacked into the computer main- requested by my colleagues in the They are not ignoring this. frame, they had somehow hacked into House. Mr. MCCAIN. Those two counsels re- the computer-driven thermostats in So I would have to say that, at least port to whom? The Attorney General of their office, and at times in the office in the House of Representatives and the United States. of the U.S. Chamber of Commerce, with many Americans and certainly Mr. DURBIN. And ultimately report their copy machines and fax machines with the family of Brian Terry, who to the people. were spitting out pages with Chinese was murdered, there is a credibility Mr. MCCAIN. So I would think, just characters on them. They were com- problem with this Attorney General of for purposes of credibility with the pletely compromised by this cyber at- the United States. American people, that a special coun- tack. Now they come to us as experts Mr. DURBIN. I say to my colleague sel would be called for by almost every- on how to avoid a cyber attack. and friend Senator MCCAIN, I deeply re- one. I ask unanimous consent that the gret the loss of any American life, par- Look, I understand the position of Wall Street Journal article be printed the Senator from Illinois. We have our ticularly those in service of our coun- at this point in the RECORD. try. colleagues waiting. I appreciate the There being no objection, the mate- Mr. MCCAIN. I am convinced of that. fact that he is willing to discuss this rial was ordered to be printed in the Mr. DURBIN. And I feel exactly that issue. I think we have pretty well ex- RECORD, as follows: about this individual and the loss to hausted it. [From the Wall Street Journal, Dec. 21, 2011] his family. But let’s make sure the Mr. DURBIN. May I turn to one other CHINA HACKERS HIT U.S. CHAMBER—ATTACKS record is complete. The Fast and Furi- issue the Senator raised, if he has a BREACHED COMPUTER SYSTEM OF BUSINESS- ous program was not initiated by moment? LOBBYING GROUP; EMAILS STOLEN President Obama, it was started by Mr. MCCAIN. Sure. (By Siobhan Gorman) President George W. Bush. Mr. DURBIN. The pending bill, cyber A group of hackers in China breached the Mr. MCCAIN. Which, in my view, does security—this is a bill which I hope we computer defenses of America’s top business- not in any way impact the need for a both agree addresses an issue of great lobbying group and gained access to every- full and complete investigation. seriousness and gravity in terms of thing stored on its systems, including infor- Mr. DURBIN. Secondly, this Attor- America’s defense. I know the Senator mation about its three million members, ac- ney General, Mr. Holder, has been from Arizona and some of his col- cording to several people familiar with the brought before congressional commit- leagues have produced an alternative. I matter. The break-in at the U.S. Chamber of Com- tees time after time. I have been in the support the bipartisan bill that Sen- merce is one of the boldest known infiltra- Senate Judiciary Committee when he ators LIEBERMAN and COLLINS have tions in what has become a regular con- has been questioned at length about brought to the floor. frontation between U.S. companies and Chi- Fast and Furious, and I am sure he has The major group who opposes the nese hackers. The complex operation, which been called even more frequently be- passage of the cyber security bill is the involved at least 300 Internet addresses, was fore the House committees. U.S. Chamber of Commerce, an organi- discovered and quietly shut down in May Third, he has produced around 9,000 zation that represents the largest busi- 2010. It isn’t clear how much of the com- pages of documents, and Chairman ISSA nesses in America, and what I have promised data was viewed by the hackers. keeps saying: Not enough. We need heard the Senator from Arizona say Chamber officials say internal investigators more. Well, at some point it becomes over and over is that they have to be found evidence that hackers had focused on clear he will never produce enough doc- an important part of this conversation four Chamber employees who worked on Asia uments for them. And the House de- and this discussion. I think Senator policy, and that six weeks of their email had cided to find him in contempt for that. LIEBERMAN and Senator COLLINS would been stolen. That is their decision. I do not think say: We have engaged them. We have It is possible the hackers had access to the that was necessarily proper. listened to them. We have made network for more than a year before the breach was uncovered, according to two peo- But having said that, does that mean changes consistent with what they ple familiar with the Chamber’s internal in- every decision from the Department of were looking for. But clearly they have vestigation. Justice from this point forward cannot not reached the point where they are One of these people said the group behind be trusted? satisfied. the break-in is one that U.S. officials suspect

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The FBI de- Stan Harrell, chief information officer at clined to comment on the matter. the Chamber, said federal law enforcement ganizations that are represented here, I A spokesman for the Chinese Embassy in told the group: ‘‘This is a different level of say to my colleague, so it seems to me Washington, Geng Shuang, said cyberattacks intrusion’’ than most hacking. ‘‘This is that we should continue this conversa- are prohibited by Chinese law and China much more sophisticated.’’ tion with them, particularly on issues itself is a victim of attacks. He said the alle- Chamber President and Chief Executive of information sharing and liability. gation that the attack against the Chamber Thomas J. Donahue first learned of the But to somehow say ‘‘well, we talked originated in China ‘‘lacks proof and evi- breach in May 2010 after he returned from a to them, but we did not agree with any- business trip to China. Chamber officials dence and is irresponsible,’’ adding that the thing they wanted to do’’ is not fair to hacking issue shouldn’t be ‘‘politicized.’’ tapped their contacts in government for rec- In Beijing, Foreign Ministry spokesman ommendations for private computer inves- those 3 million businesses. We are mak- Liu Weimin said at a daily briefing that he tigators, then hired a team to diagnose the ing some progress. But please don’t say hadn’t heard about the matter, though he re- breach and overhaul the Chamber’s defenses. they portray themselves as experts. peated that Chinese law forbids hacker at- They first watched the hackers in action By the way, they hacked into my tacks. He added that China wants to cooper- to assess the operation. The intruders, in Presidential campaign, which shows ate more with the international community what appeared to be an effort to ensure con- they really were pretty bored and did tinued access to the Chamber’s systems, had to prevent hacker attacks. not have a hell of a lot to do. But, any- The Chamber moved to shut down the built at least a half-dozen so-called back doors that allowed them to come and go as way, go ahead. hacking operation by unplugging and de- Mr. DURBIN. I am sure that wasn’t stroying some computers and overhauling its they pleased, one person familiar with the security system. The security revamp was investigation said. They also built in mecha- the case. I am sure it was a fascinating timed for a 36-hour period over one weekend nisms that would quietly communicate with treasure trove of great insights and in- when the hackers, who kept regular working computers in China every week or two, this formation. hours, were expected to be off duty. person said. But let me just say to my friend from Damage from data theft is often difficult The intruders used tools that allowed them Arizona, I am asking only for a little to assess. to search for key words across a range of documents on the Chamber’s network, in- humility on both sides, both in the People familiar with the Chamber inves- public sector and the private sector, by tigation said it has been hard to determine cluding searches for financial and budget information, according to the person familiar first acknowledging, as our security what was taken before the incursion was dis- advisers tell us, that this is one of the covered, or whether cyberspies used informa- with the investigation. The investigation tion gleaned from the Chamber to send didn’t determine whether the hackers had most serious threats to our country booby-trapped emails to its members to gain taken the documents turned up in the and its future, and we should be joining a foothold in their computers, too. searches. with some humility, particularly if you When sophisticated cyberspies have access Chamber officials said they scoured email have been victimized, whether in your to a network for many months, they often known to be purloined and determined that take measures to cover their tracks and to campaign or in your offices, to under- communications with fewer than 50 of its conceal what they have stolen. stand how far this has gone. The FBI, members were compromised. They notified To beef up security, the Chamber installed according to Senator WHITEHOUSE when those members. People familiar with the in- more sophisticated detection equipment and he came to the floor, found 50 different vestigation said the emails revealed the barred employees from taking the portable American businesses that had been names of companies and key people in con- devices they use every day to certain coun- tact with the Chamber, as well as trade-pol- compromised and hacked into by the tries, including China, where the risk of in- same type of operation. Forty-eight icy documents, meeting notes, trip reports filtration is considered high. Instead, Cham- and schedules. ber employees are issued different equipment were totally unaware of it. They did ‘‘What was unusual about it was that this before their trips—equipment that is not even know it occurred. What we was clearly somebody very sophisticated, checked thoroughly upon their return. are trying to do is to get these busi- who knew exactly who we are and who tar- Chamber officials say they haven’t been nesses to cooperate with us so that we geted specific people and used sophisticated able to keep intruders completely out of share information and keep one an- tools to try to gather intelligence,’’ said the their system, but now can detect and isolate Chamber’s Chief Operating Officer David other safe. attacks quickly. At the end of the day, it is not just Chavern. The Chamber continues to see suspicious Nevertheless, Chamber officials said they activity, they say. A thermostat at a town about the safety of the businesses—and haven’t seen evidence of harm to the organi- house the Chamber owns on Capitol Hill at I think it is important that they be zation or its members. one point was communicating with an Inter- safe—but the safety of the American The Chamber, which has 450 employees and net address in China, they say, and, in people. This is really a serious issue. represents the interests of U.S. companies in March, a printer used by Chamber executives Mr. MCCAIN. Can I say to my col- Washington, might look like a juicy target spontaneously started printing pages with league, first of all, to somehow infer to hackers. Its members include most of the Chinese characters. that businesses in America are less in- nation’s largest corporations, and the group ‘‘It’s nearly impossible to keep people out. has more than 100 affiliates around the The best thing you can do is have something terested in national security than they globe. that tells you when they get in,’’ said Mr. are in their own businesses is not, I While members are unlikely to share any Chavern, the chief operating officer. ‘‘It’s the think, a fair inference. But let me also intellectual property or trade secrets with new normal. I expect this to continue for the say that what they want to do is be the group, they sometimes communicate foreseeable future. I expect to be surprised more efficient in the way they can do with it about trade and policy. again.’’ business. U.S. intelligence officials and lawmakers Mr. MCCAIN. First of all, could I say For example, information sharing— have become alarmed by the growing number that is just unfair. They are not claim- as you know, there is a serious problem of cyber break-ins with roots in China. Last month, the U.S. counterintelligence chief ing to be experts on cyber attacks. with liability if they are not given issued a blunt critique of China’s theft of They are claiming that there are issues some kind of protections in the infor- American corporate intellectual property of liability, issues of information shar- mation sharing they would do with and economic data, calling China ‘‘the ing, and other issues that they believe each other and with the Federal Gov- world’s most active and persistent perpetra- will inhibit their ability to engage in ernment. So we want to make sure tors of economic espionage’’ and warning business practices and grow and pros- they have that security so that they that large-scale industrial espionage threat- per. So to say that somehow they will more cooperatively engage in the ens U.S. competitiveness and national secu- claim they are experts on cyber secu- kind of information we need. That is a rity. Two people familiar with the Chamber in- rity, they are not, but they are experts vital issue. That is still something on vestigation said certain technical aspects of on how their businesses can best co- which we have a disagreement. the attack suggested it was carried out by a operate, share information, resist these I have no doubt that the comments of known group operating out of China. It isn’t attacks, and come together with other the Senator from Illinois about how

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I don’t know if we convinced that issue is really reflective of the ap- sequences rather than the positive ones one another, but we certainly leave proach that has been brought to this we contemplated. By the way, I would with the same level of respect with issue of cyber security—an issue that throw Dodd-Frank in there. No com- which we started. I hope those who this entire body, in my view, has a his- pany is too big to fail now. I would have followed the debate have heard a toric opportunity and also a historic throw in some of the other legislation little more about both sides of the obligation to address this week, deal we have passed recently, which has not issue in the process. with it now authoritatively and effec- achieved the goals we sought. Mr. MCCAIN. I yield the floor. tively and in a way that the Nation ex- That is why we need, in my view, f pects us to do it. I thank not only the Presiding Offi- more compromise and agreement. I be- CORRECTING THE ENROLLMENT cer but a bipartisan group of col- lieve we can reach it. I give great cred- OF H.R. 1627 it to both of our cosponsors of the bill, leagues, beginning with Senators LIE- but please don’t allege that this is ‘‘bi- Mr. DURBIN. Mr. President, I ask BERMAN, COLLINS, ROCKEFELLER, FEIN- partisan’’ in any significant way. Most unanimous consent that the Senate STEIN, and CARPER, who deserve our ap- of the Republican Senators oppose the proceed to the immediate consider- preciation for drafting this bill and legislation in its present form. All Re- ation of S. Con. Res. 55, which was sub- bringing it to the floor, and a number publican Senators understand the grav- mitted earlier today by Senator HAR- of other colleagues, including, along ity of this situation and the necessity KIN. with the Presiding Officer, Senators The PRESIDING OFFICER. Without of acting. WHITEHOUSE, MIKULSKI, COONS, COATS, Mr. DURBIN. I say to my friend from objection, it is so ordered. The clerk BLUNT, AKAKA, and KYL. I mention this Arizona, I hope we get this done this will report. number because I think it is an impor- week. I know it is a big lift, and it is a The bill clerk read as follows: tant fact about the process that has lot to do. But I believe the threat is A concurrent resolution (S. Con. Res. 55) brought us to this point. It really re- directing the Clerk of the House of Rep- imminent, and I believe it is contin- resentatives to make a correction in the en- flects the kind of collegial approach uous. If we don’t find a way through rollment of H.R. 1627. that is so important to this legislation. This legislation has undergone very our political differences to make this There being no objection, the Senate significant and substantial revisions to country safer, shame on us. proceeded to consider the concurrent I believe Senator COLLINS is from the reflect suggestions made by myself and resolution. Senator’s side of the aisle and is proud Mr. DURBIN. Mr. President, I ask our colleagues, and this bill will give of that fact. So it is a bipartisan effort. unanimous consent that the concur- the government and private sector an She worked with—— rent resolution be agreed to, the mo- opportunity to collaborate and share Mr. MCCAIN. It depends upon your tion to reconsider be considered made information so that they can confront definition of ‘‘bipartisan.’’ and laid upon the table, with no inter- the ongoing, present, urgent cyber Mr. DURBIN. Well, it is clearly bi- vening action or debate, and that any threat directly and immediately. partisan with Senators LIEBERMAN and This bill is not a top-down approach; statements relating to the measure be COLLINS. I also say that to raise the it is voluntary in its direction to the printed in the RECORD. private sector. What it says to critical question of Dodd-Frank and appro- The PRESIDING OFFICER. Without industries—industries that are critical priate government oversight and regu- objection, it is so ordered. lation—I suggest that we reflect on The concurrent resolution (S. Con. to our infrastructure—is that you de- three things: LIBOR, Peregrine Invest- Res. 55) was agreed to, as follows: termine what the best practices are, ments, and the Chase loss of $6 billion. you tell us what the standards should S. CON. RES. 55 To say that we should not have gov- be, and then those standards will be ernment oversight of our financial in- Resolved by the Senate (the House of Rep- shared throughout the industry and resentatives concurring), That, in the enroll- stitutions that dragged us into this re- ment of the bill (H.R. 1627) an Act to amend overseen by a council that the Depart- cession we are still trying to recover title 38, United States Code, to furnish hos- ments of Commerce and Justice and from—I see it differently. We vote dif- pital care and medical services to veterans Defense and Homeland Security will be ferently when it comes to that. I think who were stationed at Camp Lejeune, North involved in implementing. And if com- there is a continuing need for govern- Carolina, while the water was contaminated panies comply with those standards— ment oversight of these financial insti- at Camp Lejeune, to improve the provision of voluntary standards—they receive ben- tutions. housing assistance to veterans and their efits that will enlist them in the pro- families, and for other purposes, the Clerk of Mr. MCCAIN. These institutions are the House of Representatives shall make the gram, benefits that will form incen- not averse to government oversight. following correction: in section 201, strike tives in the form of limited immunity They are averse to legislation that ‘‘Andrew Connelly’’ and insert ‘‘Andrew Con- in the event of an attack. If companies harms their ability to share that infor- nolly’’. decline to comply, if they are not pro- mation because if they face the threat vided with sufficient incentives, in f of being taken into court for that, then their judgment, there is no compulsion, obviously there is some reluctance. VETERANS JOBS CORPS ACT OF no legal mandate that they need to do They also know how much has been 2012—MOTION TO PROCEED—Con- so. To use an often overused imagery, lost because of the lack of cyber secu- tinued what we are talking about here is a rity to China and other countries. They The PRESIDING OFFICER. The Sen- carrot, not a stick, in solving one of are the ones who have been most di- ator from Connecticut. the most pressing and threatening rectly affected. They are intelligent Mr. BLUMENTHAL. Mr. President, I challenges our country faces today. It people, smart people, and they want am honored and grateful to follow that is the challenge of this moment, the this legislation to pass in a way that is very enlightening and energetic ex- challenge of our time. the most effective way to enact legisla- change between two of the most able I have been in briefings, as has been tion on this very serious issue. and respected Members of this body on the Presiding Officer and other Mem- I look forward to continuing the con- a range of issues. bers of this body, with members of the versation with my friend from Illinois. One of them I want to address now, intelligence community and others I think both of us learn a bit from our and I want to particularly thank the who have, in stark and staggering

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12976 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 terms, presented to us the potential briefings we have received which would to make sure we move this bill and consequences of failing to act. depict in even more graphic and dra- that it moves forward so we do not Just last week, GEN Keith Alex- matic terms what this Nation faces. squander this opportunity. ander, the chief of the U.S. Cyber Com- Some of these attacks are launched by I thank the Presiding Officer and I mand and the Director of the National foreign countries that seek to do us yield the floor. Security Agency, said that intrusions harm. Some are launched by domestic The PRESIDING OFFICER. The Sen- on our essential infrastructure have in- criminals who simply want to steal ator from Maryland. creased 17-fold between 2009 and 2011 money. Some are sophisticated and THANKING KATHARINE BEAMER and that it is only a matter of time be- some are very crude. Mr. CARDIN. Mr. President, if I fore physical damage will result. He Former Deputy Secretary William might, let me first thank Katharine has said that the loss of industrial in- Lynch has detailed just one attack in Beamer for her service to the Senate formation and intellectual property— which a foreign computer hacker—or and to the American people. She has putting aside the physical threat and group of them—stole 24,000 U.S. mili- been an incredibly valuable part of my taking only the economic damage—is tary files in March of 2011. As others staff, detailed from the Department of ‘‘the greatest transfer of wealth in his- have noted on the floor as recently as State to my Senate office. She has tory.’’ a few minutes ago, in late 2011 the com- helped me deal with preparations for We are permitting with impunity the puters of the U.S. Chamber of Com- my responsibility, as the Presiding Of- greatest transfer of wealth in history merce were completely compromised ficer knows, while serving on the Sen- from the United States of America to for more than a year by hackers. Yet ate Foreign Relations Committee as we adversaries abroad, companies based today the U.S. Chamber of Commerce deal with the confirmation of ambas- overseas, at a time when every Member has essentially opposed the voluntary sadors. It is important to be ade- of this body says our priority should be standards-based plan to help secure our quately prepared to deal with the many jobs and protecting the economy of Nation against attack. In fact, how ex- foreign visitors who come to our office this country. It is an economic issue, traordinary it is that certain parts of and to deal with foreign policy issues. not just a national security issue. In this bill have actually combined a con- I particularly want to thank her for fact, cyber security is national secu- sensus among the business community, her help in the so-called Magnitsky rity. the privacy advocates, as well as public bill, a bill that passed out of the Sen- The United States is literally under officials, the National Security Agen- ate Foreign Relations Committee and attack every day. General Alexander cy. That consensus on privacy, again, has been also supported in the Senate described 200 attacks on critical infra- reflects a profound and extraordinary Finance Committee. She has been a structure within the past year. He al- feature of this bill, which is that we critical part of our team in developing luded to them without describing them are coming together as a nation to face the necessary support so that bill could in detail. And on a scale of 1 to 10, he a common problem in a way that is de- move forward. said our preparedness for a large-scale manded by the times and threats we I want to thank her for her help on cyber attack—shutting down the stock face. the Cardin-Lugar provisions that pro- exchange or a blackout on the scale Shawn Henry, the Executive Assist- vide transparency among mineral com- comparable to the one in India within ant Director of the FBI, has said that panies so we can trace the resources of the past few days—is around a 3 on a ‘‘the cyber threat is an existential one, developing countries, allowing those scale of 1 to 10. That situation is unac- meaning that a major cyber attack resources to benefit the strength of a ceptable. could potentially wipe out whole com- country’s economy rather than become We are, in a certain way, in a period panies.’’ That is the reason the busi- a curse. of time now that is comparable to 1993, ness community has been involved and And I want to thank Katharine after the first World Trade Center should support these proposals. Beamer for her help on a lot of human bombing. Remember, in 1993 the World These attacks are not only ongoing, rights issues she has been involved Trade Center—1,336 pounds of explo- they have been occurring for years. with, including the issue of Alan Gross. sives were placed in a critical area of These criminals are infiltrating our Senator DURBIN has spoken on the the World Trade Center, killing 6 peo- communications, accessing our secrets, floor and has brought to our attention ple, injuring 1,000, fortunately, at that and sapping our economic health the human rights violations of a Mary- point, failing to bring down the build- through thefts of intellectual property. lander who is today in a prison in ing, which was the objective. That first Finally, Secretary of Defense Leon Cuba. Alan Gross was providing help to bombing was a warning as well as a Panetta, as has been frequently quoted, a small Jewish community in Cuba. He tragedy. America, even more trag- said: wasn’t doing it in any secret manner. ically, disregarded that warning in fail- The next Pearl Harbor we confront could He was trying to provide them a better ing to act. We are in that period now, very well be a cyber attack that cripples our opportunity to communicate with the comparable to 1993 and before 9/11, power system, our grid, our security sys- Internet. He was very open about what when the country could have acted and tems, our financial systems, our government he was doing in Cuba and was doing it neglected to do so. We cannot repeat systems. in order to advance the ability of a that failure now. We cannot disregard The panoply of harm is staggering, community to keep in touch around the day-to-day attacks, the serious in- and we cannot wait for that harm to be the world. trusions that are stealing our wealth a reality to this country. The con- As a result of that activity, Alan and endangering our security, our crit- sequences comparable to 9/11 are tragic Gross, a Marylander, was arrested and ical grid, transportation, water treat- to contemplate. FBI Director Mueller imprisoned, tried and convicted, and ment, electricity, and financial sys- has said the cyber threat, which cuts sentenced to 15 years in prison. His ap- tem. The scale of damage that could be across all programs, will be the No. 1 peal to the Cuban Supreme Court was done is horrific, comparable to what 9/ threat to our country. denied in August of 2011. For the past 11 did. We have an obligation to act be- FBI Director Mueller speaks the 21⁄2 years, since December 3, 2009, Alan fore that kind of damage is faced in re- truth. We must make sure our govern- Gross has been imprisoned in Cuba— ality by the country. ment has the tools and authority they over 21⁄2 years. We have been adequately and elo- have asked for. The NSA, the Depart- Throughout my legislative career, I quently warned on the floor of this ment of Defense, the Department of have worked hard to improve the rela- body, in private briefings available to Homeland Security, our business com- tionship between Cuba and the United Members of this body, and in the public munity and privacy advocates are all States, particularly among the people press, to some extent. One of the frus- united in feeling this threat must be of Cuba and the people of the United trations I think many of us feel is that confronted. We have the opportunity States. I have worked on ways to ease we cannot share some of the classified but we also have a historic obligation certain restrictions so we can improve

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12977 the climate between our two countries. Mr. MANCHIN. Mr. President, I ask in better shape for the next generation But what the Cuban Government is unanimous consent to speak as in cannot be shackled by crippling debt. If doing today in continuing to imprison morning business for up to 12 minutes. the Federal Government can’t get its Alan Gross is absolutely outrageous. It The PRESIDING OFFICER. Without financial houses in order, the hard violates international human rights objection, it is so ordered. truth is all these priorities I spoke standards and it is against any sense of FINANCIAL STRENGTH about will be slashed—sooner than any humanity. Mr. MANCHIN. Mr. President, I rise of us would like to admit. I am going to continue to speak out today to announce a rare opportunity Whether we consider ourselves a about it and urge the Cuban authori- for the people of my State, who care so Democrat, a Republican, an Inde- ties to do what is right. This has much about the future of our country. pendent, or we have no affiliation at gained international attention and When I travel all around my beau- all; whether we consider ourselves a there have been efforts made by other tiful State of West Virginia, one of the liberal, a conservative, or a centrist— dignitaries from other countries to try biggest concerns I hear from the people wherever we fall in the spectrum—none to get Alan Gross’s case heard in a is simply that our Nation’s finances of the priorities we care about on all proper manner. I particularly want to are in such bad shape we could be the those sides can happen unless we can acknowledge Senator DURBIN’s extraor- first generation that leaves this coun- pay for it. The old saying is as true dinary leadership on this issue. Sen- try and leaves our next generation in today as it ever has been: You can’t ator DURBIN took the time, when he worse shape than we received it. help others if you’re not strong enough was in Cuba, to meet with Alan Gross. I am determined to make sure that to help yourself. I have been with Senator DURBIN when doesn’t happen, and I am sure the Pre- It is time to make America strong we have met with Alan Gross’s family. siding Officer is as well. I am deter- again. I have been with Senator DURBIN when mined to bring people together to fix Let me give some troubling figures we have tried to engage other inter- our finances and put this country back that illustrate how bad it has gotten: national diplomats to implore the on the right path. I am also determined The debt hole we have dug for ourselves now equals the entire amount of Cuban authorities on a humanitarian that all our children and grandchildren goods this country produces; in other basis to release Alan Gross. will be able to live a more fulfilling words, our gross domestic product. There was no reason for his arrest. and prosperous life than we do. There was no reason for his conviction. But we are running out of easy op- That hasn’t happened since 1947. Think of the next group of law- There is no reason for his being in pris- tions to put our country’s financial makers who will be sitting where we on today. But one doesn’t have to get house in order. And every day we delay sit in 2033, which is just around the cor- too much involved in that issue to sug- a big fix, the price will be higher, the ner. They are going to have to look gest that the Cuban authorities should changes will be more painful, and the release Alan Gross on a humanitarian Americans in the eye and tell them the choices will be more stark. With our Social Security check they are receiv- basis. I say that because his health is country’s finances so far out of control, in question. Alan’s health has steadily ing will only be 75 percent of what is all of the priorities we all care about— owed to them. They will have to say it deteriorated during his imprisonment. whether it is creating jobs, maintain- He has lost over 100 pounds, suffers is because the group who came before ing the best military in the world, from a multitude of medical condi- us didn’t do their job. keeping the core of vital programs such tions, including gout, ulcers, and ar- Think of 10 years from now, truly as Social Security, or educating the thritis, that have worsened without around the corner, when every man, next generation—are in jeopardy. adequate treatment. woman, and child in this country will If we care about rebuilding Amer- Of equal concern as his own health owe more than $79,000 to pay off our na- ica—investing in our highways and our are the conditions of his beloved moth- tional debt. Today it is about $50,700, er and daughter, both of whom are suf- roads, our airports, our water and which is way too high, but it is only fering from cancer. The Gross family sewer systems—we cannot do it if we going to get worse if we don’t do our should not have to suffer through an- don’t pay for it. If we care about cre- job and fix it. other day of this desperate situation ating jobs and giving our businesses There are 3 million jobs going without Alan at home for support. certainty, we can’t do that either if we unfulfilled in this country because they So for all those reasons, we speak out can’t pay for it. And if we care about say the workforce doesn’t have the today to once again urge the Cuban au- educating the next generation and pre- right skills in order to perform those thorities to do the right thing as far as paring this generation with the skill jobs, and our unemployment rate has human rights and their legal system sets they need for the jobs of today and been the highest for the longest period and release Alan Gross. They should do tomorrow, we can’t do it if we can’t of time. That is not acceptable. the right thing from a humanitarian pay for it. Who exactly is supposed to pay for point of view and let Alan Gross come If we care about having an energy all this debt? If we do the math, the home to his beloved family so he can be policy that uses all of our domestic re- picture isn’t pretty. We are not bal- supportive of them during this difficult sources in the cleanest possible man- ancing our budget, we are not training time in their lives. We urge them to do ner; if we care about developing tech- people for the jobs of the future, and the right thing so we can have a better nology for clean coal; if we care about we are leaving our children and grand- relationship between the people of finally ending our dependence on for- children a massive debt that, as of Cuba and the people of the United eign oil from hostile countries, we today, equals the entire economic pro- States. They should release Alan Gross can’t do it if we can’t pay for it. duction of this great Nation. because it is the right thing to do. If we care about having the best mili- To me, however we do the math— We are going to continue to speak tary in the world, one that can defend even if we use funny Washington ac- out about this. I know many of us have the liberty of this great Nation at counting tricks—this situation adds up looked for different ways in which to home and, where needed, abroad, we to a train wreck at best. I am deter- help the Gross family and we will con- simply can’t do it if we can’t pay for it. mined to prevent this oncoming train tinue to do that. But the simple, right If we care about helping the vulner- wreck, and I will do all I can, working thing for the Cuban authorities is to able, the sick, the weak, and keeping with my colleagues on both sides of the release Alan Gross today, and we urge our vital core promises—such as Social aisle. I have said people back home them to do that. Security, Medicare, Medicaid, and didn’t send me to Washington to put With that, Mr. President, I yield the Head Start—we simply can’t do it if we the next generation into more debt. floor. can’t pay for it. They sent me to, hopefully, help get The PRESIDING OFFICER (Mr. Any nation that wants to be a strong them out of debt. UDALL of New Mexico). The Senator nation, that wants to invest in its pri- Putting this country back on the from West Virginia. orities and wants to leave the country right path will hurt, but we have to be

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That is why I be- There are plenty of politicians who dire—and lay out the magnitude of the lieve this proposed blueprint is the will talk about fixing the problem, who problem we face, and then we will talk only plan that has garnered any real will pay lip service to coming up with about solutions. It is a rare oppor- show of bipartisan interest from the a plan, who will talk a good game— tunity to have a frank bipartisan con- beginning of its inception to today. what we call talk the talk—but can’t versation about the grave conditions of When I became Governor of the great walk the walk. But in the end, the our Nation’s finances. State of West Virginia, our State fi- problem will continue to fester if we I am inviting all West Virginians—be nances were in a tough place. We had don’t do something. it business, labor, senior groups, the to make very hard choices about our I am not one of those politicians who young people who are expected to pay priorities, and not everyone was happy can turn a blind eye to our debt and off our debt, and anyone else with an with those decisions. Seven or eight walk away from it. The people of West interest in our future—to come and years ago, people believed West Vir- Virginia expect more. They expect me participate in this session. We will talk ginia was hopeless; that we would al- to make hard choices and work with about what this framework will do, ways be challenged; that our finances both Democrats and Republicans to do which is to find the balance between would always be on the brink; that we the right thing for our State. No mat- revenue and spending, fundamentally wouldn’t be able to invest in our prior- ter how hard it will be to fix our prob- changing our Tax Code and cutting ities; that our economy would always lems—and it is clear everyone will need spending. In short, it will make our be stagnant; that our credit ratings to have a little skin in the game and system more fair. would always be miserably low; that share these sacrifices—I am deter- Let’s look first at the Tax Code. we wouldn’t be able to turn any of that mined to do it. There are some Americans who, be- around. But no Senator—no matter how com- cause of their connections and ability But I will tell you what. At the end mitted they may be—can do it alone. to hire lobbyists, have manipulated our of my term, we had lowered tax rates, That is why I am so pleased to an- Tax Code so they get special tax reduced our food tax, ended our fiscal nounce that two of the Nation’s great- breaks. That is not right. Too many years with a budget surplus each and est financial leaders will be coming to corporations that depend on the every year, and increased our credit West Virginia to hold an open forum strength of this great Nation—as has rating three times in 3 years during the with the people of our State about the been noted, such as G.E.—are paying greatest recession because we put our future of our finances, and we call that nothing or virtually nothing in taxes. priorities based on our values of what ‘‘Our Finances and Our Future.’’ That is wrong. It is not right. was important to West Virginia. To- Former Senator Alan Simpson, a Re- We need to make our tax system gether, we weathered the recession bet- publican from Wyoming, and Mr. Er- more fair and straightforward. The bi- ter than 45 States. We are finally get- skine Bowles, a Democrat who is the partisan Bowles-Simpson plan would ting the last piece of our puzzle in former White House Chief of Staff end many of those loopholes and lower place with a fix to the retirement sys- under President Bill Clinton, are two of tax rates for everyone. When it comes tem. the toughest and smartest people in to our spending, right now in this coun- I can tell you this: I am not talking this country when it comes to our fi- try we spend so much more than we about fixing our Nation’s finances from nances. can afford. I know so many Americans some ivory tower, from some rigid ide- Since I have been here, the most bi- who tell me they would be more than ological position. I am talking about partisan effort to fix our finances has happy to pay more—if we were using it this country’s finances because I know been led by Erskine Bowles and Alan in the right direction—to pay down our how much it costs all of us to live in Simpson. They were asked to head the debt and to invest in infrastructure. debt. I know the burden of high inter- President’s National Commission on But we are not spending well. I have est payments and the way it robs us of Fiscal Responsibility and Reform. It always said public servants can do one the opportunity to pay for more impor- was bipartisan when it began, it has or two things with public tax money: tant priorities. I know how much stayed bipartisan all this time, and it We can either spend it or invest it. stronger this country will be when we has grown with the number of Senators Frankly, we have been doing too much manage our debt. I know because we from both sides of the aisle who under- spending and not enough investing. came together in West Virginia and im- stand we need a big fix that comes Our annual deficit—the amount we proved the quality of life in our State, from both sides of the aisle in a bipar- spend versus the amount we take in—is and I know we can do it together in tisan way. about $1.2 trillion this year alone. this country. Bowles and Simpson paint a grim pic- Looking into the future, if nothing The truth is, Democrats don’t have a ture about the problems we are facing. changes, we will have deficits every lock on good ideas and neither do Re- In December of 2010, they laid out a se- year for the next decade. No one can publicans. But with less than 100 days rious blueprint for a solution—one that tell me we can sustain that pace and to go before the election, we are not isn’t perfect but that has earned more still afford Social Security, Medicare, going to hear many Democrats giving support from members of both parties Medicaid, defending this Nation, and Republicans any credit and we won’t than anything else that has been pro- educating our children. The math hear many Republicans acknowledging posed in Washington. doesn’t add up. The bipartisan Bowles- that Democrats have anything to bring Since then, too many of our leaders Simpson framework addresses this by to the table. have put their heads in the sand about cutting more than $2 trillion for our That is a true shame. We will not fix this proposal and the choices we face. spending over the next decade. our problems with a go-it-alone atti- But West Virginia is different from After we address our spending and tude because the only way America has most of the States. We welcome the our Tax Code, guess what happens. Our ever solved our problems is to put par- hard truth because we know we have to interest payments—the amount we are tisanship aside and come together for face the truth. Believe me, we can han- spending every year just for the privi- the good of this great Nation. dle the truth in West Virginia. lege of borrowing money from coun- Put America first. The West Virginia On September 10, West Virginians tries such as China to finance our day- fiscal summit is just one honest way will have an opportunity to hear some to-day operations—will go down nearly we can take an important step toward, truth telling. I am so proud that Alan $700 billion over the next 10 years. coming together to solve our problems

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12979 and one more way for the people of Mr. Pope also proclaims that ‘‘iron- A research economist at the U.S. De- West Virginia to show this great Na- ically, if the ethanol mandate did not partment of Agriculture recently stat- tion that we can—and will—do the exist, even this year’s drought-depleted ed that a 50-percent increase in the heavy lifting it will take to put this corn crop would have been more than price of corn will raise the total gro- country back on the right track. enough to meet the requirements for cery shopping bill by about 1 percent. I yield the floor. livestock feed and food production at To put it in perspective, the value of The PRESIDING OFFICER. The Sen- decent prices.’’ corn in a $4 box of corn flakes is about ator from Iowa is recognized. I would like to ask Mr. Pope why he 10 cents. RENEWABLE FUELS STANDARD thinks that is the case. Why did farm- Mr. Pope also exaggerated the impact Mr. GRASSLEY. Mr. President, the ers plant 96 million acres of corn this of ethanol on food prices in 2010, and he president and CEO of Smithfield Foods, year when normally they would plant is doing it again. He is using the dev- Larry Pope, took to the opinion pages between 86 and 88 million acres of corn? astating drought that we now have— of the Wall Street Journal again to Why have seed producers spent mil- over 62 percent of the country and blame all that ails him on the renew- lions to develop better yielding and worse in the Midwest, of Iowa where I able fuels standard for ethanol. drought-resistant traits so we can live—to once again undermine our Na- Some may recall he did the same produce more corn on less acres? The tion’s food, feed, and fuel producers, thing back in April 2010 when com- answer is simple: Because this gigantic and he is doing it—why? To make more modity prices were rising. At that industry of ethanol is there to consume money. time, he perpetuated a smear campaign more corn and more production on Repealing the renewable fuel stand- and blamed ethanol in an attempt to each acre. ard will not bolster Smithfield’s prof- deflect blame for rising food prices If not for ethanol, it is very clear its. Because of the flexibility built into while boosting Smithfield’s profits. farmers wouldn’t have planted 96 mil- the renewable fuels mandate, a waiver With this newspaper article, he is back lion acres of corn this year because will not significantly reduce corn at it again. those are more acres of corn than farm- prices. A recent study by Professor I start by referring to Mr. Pope as ers have planted in this country since Bruce Babcock, Iowa State University, Henny Penny from the children’s folk- 1938. Without ethanol, I doubt we would found that a complete waiver of the re- tale ‘‘Chicken Little.’’ Every time have seen investment in higher yield- newable fuel standard—that is what Smithfield has to pay a little more to ing and more drought-tolerant corn the mandate is called—might reduce America’s corn farmers to feed his plants by our seed corn companies. the corn prices by only 4.6 percent. I happen to think Mr. Pope is an in- hogs, Mr. Pope starts with the same ar- That report goes on to state: telligent man, but he is woefully unin- gument that the sky is falling, and it is The desire by livestock groups to see the formed on the issue of what the eth- all ethanol’s fault. additional flexibility in ethanol mandates anol industry and the demand for corn may not result in as large a drop in feed Mr. Pope’s opinion piece in the Wall has done for the size and genetic im- costs as hoped. Street Journal might lead some to be- provement of the corn crop. It is easy They continue: lieve he is very knowledgeable about to understand Smithfield’s motives. . . . the flexibility built into the Renewable the ethanol industry. But there are They benefit from an abundant supply Fuels Standard allowing obligated parties to many areas of ethanol he doesn’t know of corn, just not the competing demand carry over blending credits from previous much about. for it. years, significantly lowers the economic im- He continues to perpetuate the myth What is Smithfield’s primary prob- pact of a short crop, because it introduces that ethanol production consumes 40 lem? Again, the answer is simple: cost flexibility into that mandate. percent of the U.S. corn crop. Mr. Pope and profit. They still want to pay $2 for The drought is enormous in both states: ‘‘Ethanol now consumes more a bushel for corn. This is an important scale and severity. But we will not corn than animal agriculture does.’’ point that I hope people understand. know the true impact until September Everyone with a basic understanding For nearly 30 years, until about 2005, when harvest begins. The latest esti- of a livestock farm—even a kernel of companies such as Smithfield had the mates from the U.S. Department of Ag- corn—or of an ethanol plant knows luxury of buying corn below the cost of riculture indicate an average yield of that is not a true statement. According production. Corn prices remained for 146 bushels per acre. That would result to the U.S. Department of Agriculture, about 30 years between $1.50 a bushel in a harvest of 13 billion bushels. This 37 percent of the corn crop is used in and $3 a bushel. Farmers routinely lost would still be one of the largest corn producing ethanol. But—and a very im- money. The Federal Government then harvests. portant but—the value of corn does not provided economic support for the I suggest those claiming that the sky simply vanish when ethanol is pro- farmers. Producers such as Smithfield is falling withhold their call for duced. had the best of both worlds. They were waiving or repealing the renewable fuel One-third of the corn—that is, 18 able to buy corn below the cost of pro- standard. It is a premature action that pounds out of every 56-pound bushel— duction, and they were able to let the will not produce desired results and it reenters the market as a high-value Federal Government subsidize their would increase our dependence upon animal feed called dried distillers business by guaranteeing a cheap sup- foreign oil and it would drive up prices grain. I would imagine millions of hogs ply of corn. at the pump for consumers. raised by our farms every year are fed In the view of corporate livestock On another point with regard to a diet containing this ethanol co- producers, subsidies are fine—if they taxes and the proposals around the Hill product. For sure it is a very big feed allow them to buy corn below the cost to increase taxes, I want to say that product for cattle. Of course, Mr. Pope of production. Anybody could look like over the past few years my colleagues appears to be unaware of its existence. a genius with that sort of a business on the other side have come to the When the distillers grains are model. floor repeatedly to present a revi- factored in; that is, 18 pounds out of Mr. Pope also continues to overstate sionist story regarding the fiscal his- the 56 pounds that is left over after you the impact of corn prices on the con- tory of the last two decades. On several make ethanol, 43 percent of the corn sumer. Agriculture Secretary Vilsack occasions I have come to the floor to supply is available for animal feed. recently stated that farmers receive refute this history. Yet, again and Only 28 percent is used for ethanol—un- about 14 cents of every dollar spent on again, the other side continues to like the 40 percent Mr. Pope says. This food at the grocery store. Farmers get present the same distorted facts, in- is the inconvenient truth of ethanol de- 14 percent and everybody else gets 86 cluding lots of speeches last week. tractors. They prefer to live in a bubble percent, yet the farmers of America are The general misguided argument is where they believe ethanol is diverting the problem? It happens that that 14 that all of the economic and fiscal suc- corn from livestock use. That is just cents works out to be about 3 cents of cess of the 1990s is thanks to big tax in- not the case. that 14 cents is because of corn. creases by the Clinton administration

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12980 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 and the 2001 and 2003 bipartisan tax re- product could lower real GDP by at were arguments by the supporters of lief is responsible for all of our eco- least 3 percent. the tax increases—by hypothesizing nomic ills and fiscal problems. Another likely contributor to the that there is a 50–50 chance that higher Neither of these claims is supported growth of the 1990s was a peace divi- taxes on the so-called rich would dam- by facts or a basic understanding of ec- dend we reaped from the end of the age the economy. onomics. I will begin with the Clinton Cold War. We have Ronald Reagan’s Of course I believe, as does Professor tax increase to which people are giving staredown of the Soviet Union to Becker, that in reality this chance is so much credit. Many on the other side thank for that phenomenon. The end of much higher than 50–50. However, even of the aisle argue that the Clinton tax the Cold War allowed for a reduction of granting the other side this generous increases are proof that tax increases government spending as a percent of assumption he concluded the benefit of will not harm our economy today— GDP. Coupled with priorities pushed by raising taxes was outweighed by the when they have even heard their own the Republican-led Congress to reach a potential damage they would cause. President say otherwise several times, balanced budget and to reform welfare, According to Professor Becker, even if until recently, that you should not in- spending as a percentage of GDP richer individuals only slightly reduce crease taxes when you have a depres- dropped to its lowest point in 30 years. their work hours and reduce their ef- sion. These people frequently ask, ‘‘If With the Government spending less of fort at work, the gain in tax revenue our economy grew in the 1990s with the people’s money, more was left in from these individuals would not be higher marginal tax rates, how can it the hands of the private sector. This al- great. In contrast, ‘‘the costs to the be bad to raise marginal taxes to these lowed the private sector to innovate, to economy in the chance that higher former levels?’’ Engrained in this argu- invest, and eventually create jobs. The taxes greatly discourage their efforts is ment is the assertion that tax hikes peace dividend is also the largest con- likely to be substantial in terms of can actually be good for our economy. tributor to reining in deficits in the fewer hours worked and less work ef- This assertion fails to take into ac- 1990s. fort by high-income individuals, recount numerous economic factors that The biggest source of deficit reduc- duced incentives to start businesses, occurred alongside the Clinton tax in- tion, 35 percent, came from the reduc- less investment in their human capital, creases. The fact is that the economy tion of defense spending. The next big- investing abroad rather than in [this grew not because of the 1993 tax in- gest source of deficit reduction, 32 per- country] . . . and even migration creases but despite them. cent, came from other revenue because abroad.’’ The economy of the mid-1990s is a re- of a growing economy. Another 15 per- Yet my colleagues on the other side sult of economic conditions that we cent came from interest savings. of the aisle are pushing billions of dol- may never see again. It was a time of Let’s get to the Clinton tax increase lars in tax increases. Last week they great economic expansion due in large in reducing deficits. The Clinton tax voted to increase taxes on nearly 1 mil- part to the advent of the Internet econ- increase, on the other hand, only ac- lion flowthrough businesses. Their vote omy. The Internet spawned new tech- counted for 13 percent of the deficit re- to increase taxes on job creators came nologies and created efficiencies in our duction—only 13 percent. on the heels of an Ernst and Young economy that have never been There are further factors that con- study detailing its ramifications. This matched. In turn, these new tech- tributed to the economic growth of the study concluded that these proposed nologies and efficiencies spurred start- 1990s, including the expansion of free tax hikes—on top of the 3.8-percent tax up businesses and new industries. Many trade in the 1997 reduction in the cap- increase on dividends, interest, and seem to forget the huge Y2K fear that ital gains tax rate. However, in the in- capital gains that was added to pay for gripped the Nation, causing billions terest of time I am going to go on to the health care reform bill—would re- and billions in spending that helped other issues. One thing is clear, duce our economic output by 1.3 per- prop up what became the infamous though, from this period of the 1990s. cent. The Ernst and Young study also Internet bubble that blew up on all of The economic growth of that time was found that real aftertax wages would us. Nevertheless, before the bubble not thanks to the Clinton tax increase fall by 1.8 percent as a result of Presi- burst these factors led to historically nor was it a major player in bringing dent Obama’s policies. low unemployment and high workforce Even in the face of this information, our deficit into balance. participation. Claiming that this was my colleagues on the other side seem Today we cannot rely on the unique due to Clinton tax increases is equal to all too willing to gamble with the economic conditions we experienced Vice President Gore claiming that he chance that our stalling economy can during that decade of the 1990s, some of invented the Internet. withstand such a hit. By doing this, which were artificial, to buttress the My colleagues on the other side of they are playing Russian roulette with negative effects of the tax increase. In the aisle would be hard-pressed to find our economy. many economic studies indicating tax fact, we are in the middle of one of the To my colleagues I ask: How certain increases are stimulative. The focus of worst economic eras since the Great are you that tax increases on job cre- economic research in this area is not Depression. Unemployment has re- ators will not be damaging the econ- about whether tax increases are harm- mained above 8 percent now for over 41 omy? If you have any doubt, I suggest ful or beneficial to the economy. Rath- straight months, almost 31⁄2 years, in don’t pull the trigger. er, the focus seems to be on the degree other words. Economic growth has I wish to shift gears a little bit to ad- to which tax increases are very harm- been anemic. dress the record of the 2001 and 2003 tax ful to the economy. Admittedly, there Each passing day economic indica- relief. Just as a perfect storm of good are wide variations in views of econo- tors are pointing more and more to the economic conditions blew at the back mists on the responsiveness of individ- chance of a double-dip worldwide reces- of the Clinton administration, a perfect uals and businesses to taxes. However, sion. Last Wednesday it was reported storm of bad economic conditions and even studies by economists who can that Great Britain’s economy con- unpredictable events blew in the face hardly be labeled as conservative have tracted at the rate of .7 percent. Then of the Bush administration. concluded that tax increases have a on Friday it was reported that our own It is undisputed that at the end of the significant negative effect on the econ- economy is stalling. Real GDP grew at Clinton administration, the Congres- omy. an annual rate of just 1.5 percent, con- sional Budget Office was projecting a For instance, a 2007 study by Chris- tinuing its downward trend for three 10-year budget surplus of $5.6 billion. tina Romer, President Obama’s former straight quarters. In a recent blog post, Keep in mind, though, that CBO’s pro- chief economist, found ‘‘tax increases Nobel Laureate economist Gary Becker jection was based on assumptions that are highly contractionary,’’ and ‘‘have addressed the question of whether rais- did not pan out. very large effects on output.’’ ing taxes on high-income earners is a The CBO failed to predict the burst- In fact, this study found that a tax very good idea. In his post, Professor ing of the tech bubble that was so bene- increase of 1 percent of gross domestic Becker entertained arguments—these ficial in the previous years. CBO also

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He ap- soon is I have great fears that when we tax relief to virtually all taxpayers. pears to go all in on raising taxes on have a major cyber element or cyber Then in 2003, Congress expedited this our Nation’s job creators. In doing so, attack, Congress may, as they have relief so the benefit of lower rates he is betting that raising taxes on the done so many times in the past, over- would take effect more quickly. This so-called wealthy will result in a polit- react because we didn’t take action on resulted in one of the shortest and ical payoff exceeding the chance his ac- something we knew was imminent. shallowest economic recessions yet on tions will throw us back into recession. I do think this piece of legislation— record. The economy grew for 25 It is not so long ago that I remember and, candidly, I could have supported straight quarters, making it the fourth the President saying what I have alan even stronger piece of legislation— longest period of economic expansion ready referred to in this speech: ‘‘You is a great first step in this area. I am since 1930. Additionally, we had 47 don’t raise taxes in a recession.’’ The going to come back in a moment to straight months of private sector job President’s statement is as true now it some amendments I hope to offer to gain. was then. this legislation to deal with some of Moreover, the expanding economy Let’s end the political theater of the concerns other Members and folks led to higher than expected revenues. holding votes for the purpose of cam- have raised on this issue. That is a fact. Revenue actually rose in paign ads. Let’s instead actually do Let’s talk about why we need cyber the years following the tax relief bill, what the people sent us here to do. Let legislation and why we need it now. In- peaking at 18.5 percent of GDP in 2007, us not drive the American economy action is not a solution. Every national well above the historical average of head long off the fiscal cliff. security expert—not just from the cur- around 18 percent. I yield the floor. rent administration but previous ad- In fact, the Congressional Budget Of- The PRESIDING OFFICER. The Sen- ministrations, and most Members of fice projects that if we extended all the ator from Virginia. Congress—agrees that the status quo is 2001 and 2003 tax relief today, revenues Mr. WARNER. Mr. President, I ask not sustainable. Over a 5-month period would once again exceed the historical unanimous consent to speak for up to between October of 2011 and February average. Under this scenario, the CBO 15 minutes on two subjects. of 2012, there were 50,000 cyber attacks projects that by 2022 revenues will The PRESIDING OFFICER. Without on private and government networks. reach 18.5 percent of GDP. objection, it is so ordered. We are told between 2009 and 2011 at- From 2004 to 2007, the deficit also Mr. WARNER. Mr. President, first of tacks on U.S. infrastructure increased shrank from a high of $412 billion to a all, I rise today to address the impor- by a factor of 17. low of $160 billion. That means the tant legislation pending before this As more and more nations and rogue budget deficit was cut by more than body, S. 3414, the Cybersecurity Act of actors get more sophisticated with half in 3 years. Given the trillion dollar 2012. I followed this debate, and I want computer and technological knowl- deficits we are experiencing under to particularly compliment Senator edge, these numbers are going to grow President Obama, a deficit below $200 LIEBERMAN, Senator COLLINS, Senator exponentially. As the FBI has said, billion would be very welcome news. ROCKEFELLER, Senator FEINSTEIN, and cyber espionage, computer crime, at- Yet CBO projects that even if all the folks such as Senator KYL and Senator tacks on critical infrastructure will tax increases in President Obama’s WHITEHOUSE who have been trying to surpass terrorism as the No. 1 threat budget were enacted, deficits would find some common ground in this area. facing the United States. Think how never drop below $500 billion in the 10- I hope at some point in the next day or many things we have done appro- year period from 2013 to 2022. so we will be able to proceed to this bill priately in the previous administration I will give President Obama credit and have it fully debated. and this administration in terms of when he says he took office in very Many Senators bring different levels homeland security to protect our Na- tough economic times. The bursting of of expertise to this issue. As someone tion against the threat of terrorists. the housing bubble and the resulting fi- who spent 20 years in the technology We now have the Director of the FBI nancial crisis gave him a very high hill field and in telecom in particular be- saying the cyber threat will soon sur- to climb, but any assertion the 2001 and fore entering government service, and pass terrorism in terms of a threat to 2003 tax relief is related to these events has had the honor to serve for the last our Nation. is without merit. There is plenty of 31⁄2 years on the Intelligence Com- I know as a former businessman that blame to go around for the housing mittee, the Commerce Committee, and we are already seeing manifestations of bubble. It was the culmination of hous- the Banking Committee, three of the this threat in other areas. Intellectual ing policies spanning administrations committees that all immediately inter- property theft is one of the most insid- of both parties. It was further fueled by sect with the challenges around cyber, ious threats we face right now. A the Federal Reserve providing histori- I can add a bit of my perspective to former FBI agent who specialized in cally low interest rates and cheap cred- this debate. counterintelligence and computer in- it. Let me start with concerns that have trusion has said that in most cases However, the President’s policies been raised by some of the opponents companies don’t realize they have been have failed at getting us out of this to this legislation. In the area around burned until years later when a foreign mess. The President’s party passed the cyber, we need to make sure we have competitor puts out the very same President’s nearly $1 trillion stimulus appropriate information sharing. How product, only making it 30 percent bill. He claimed this would keep the do we set some standards? Who should cheaper. We have lost our manufac- unemployment rate below 8 percent. enforce those standards? I think most turing base in many ways. By not put- However, the unemployment climbed all of us, and anyone who has looked ting appropriate cyber protections in to a high of 10.1 percent and has never into this area, would recognize it is not place, are we really prepared to lose dropped below 8 percent during his al- a question of when we are going to our R&D base as well? most 4 years in office. have a major cyber attack or if we are Some say cyber is different. Cyber is The President’s party also passed the going to have a cyber attack, it is only different in certain ways, but in many health care bill, which the President a question of when. We have already— ways it is similar. Just as we would sold as a job creator, and the financial as has been reported in the press in a never have a nuclear facility without reform bill that was supposed to fix our number of fashions—been attacked on guards and a wall and a fence or—I see

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12982 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 my good friend, the Senator from Lou- ture, are indeed voluntary. This has been made in the negotiations. I isiana—we would never have power fa- amendment makes it clear that this know there are a lot of issues that re- cilities or levees without appropriate bill does not in any way alter the au- main to be resolved, but I would rein- protections, how is it we would not thority of any Federal agency to regu- force what so many other colleagues have some level of standards and infor- late the security of critical infrastruc- have already said. It is not a question mation sharing of threats that are ture. Again, there were some concerns of if we are hit by a cyber attack, it is coming in amongst not only our public that there might have been a mistake only a question of when in terms of a sector entities but our private sector in the earlier draft. This amendment major incident. Let’s get ahead of the entities as well? makes clear that the standards that game. As a matter of fact, as a former busi- are developed by industry working TRIBUTE TO FEDERAL EMPLOYEES nessman, I have been surprised at some groups will be voluntary and that noth- DIANE BRAUNSTEIN of the resistance from some business ing in this legislation will allow any Let me take two more moments and organizations that are saying this re- Federal agency to regulate the security rise on one other issue. As many of my quirement of both information sharing of critical infrastructure. and some minimum standards would I believe this amendment should al- colleagues and the floor staff know, I actually be a burden on us. In many leviate the concerns of some that the come down on a fairly regular basis to ways I actually think somewhat the bill might put in place mandatory honor great Federal employees. With opposite because there are a number of standards for infrastructure protec- all of the challenges we face with the businesses right now that have taken tion—again, despite the very clear lan- fiscal cliff—I see my good friend and the responsible step and put in place guage that already exists in the bill partner here, the Senator from Okla- significant cyber protections while that standards are voluntary. It is my homa, and both he and I are always competitors in their industry, because understanding this amendment will be trying to look for ways we can get bet- they are not putting those same pro- considered as part of a broader set of ter value for the taxpayer. One of the things we need to do is find ways to re- tections in place, are actually free rid- solutions negotiated by Senator LIE- ward and recognize the good work of so ers on the system. Yet, not if but when BERMAN, and whether our amendment we have a major cyber event, if one of comes forward or whether it is broad- many Federal employees who share those companies that has not put ap- ened into a managers’ package, I hope that goal of getting better value for propriate protections in place ends up it will clarify this portion of the debate the taxpayer. I know the Senator from causing dramatic harm to our economy about mandatory versus voluntary. Oklahoma has particularly worked or to that industry sector, all the in- Voluntary is a good first step. The with the GAO on a number of occasions dustries and all the businesses in that fact that this will be developed by in- to find and root out duplication and sector will in one way or another end dustry working groups, the fact that other issues of where we can save dol- up paying the price. Again, this is one this will not be subject to the lagging lars. of the reasons why we need both this time of government bureaucracy or I come down on a regular basis to information sharing and some level of rulemaking, hopefully, will move us in recognize Federal employees—because standards. the right direction. so many times they are under assault— I know to try to move forward in A second amendment, again, one I when they do good things. Today I do terms of actual or mandatory stand- have been working on with Senator that one more time, with recognition ards, we are not going to have them at SNOWE, is a bit more technical, and of another great Federal employee, in this point. We have set up a measure— particularly as to my colleagues on the this case Diane Braunstein, who is the and again, I commend Senator KYL and Commerce Committee, I hope we will Associate Commissioner for the Office Senator WHITEHOUSE for working be able to gain some support from of International Programs for the So- through what I think is a pretty darn them. This amendment seeks to ensure cial Security Administration. She has good compromise where there would be that the authority provided to DHS to overseen the creation of the Compas- an industry group that would develop, sole-source highly specialized products sionate Allowance Program, which has in effect, best practices. It is hard with will result in the procurement of inter- allowed thousands of seriously ill the government and bureaucracy mov- operable, standards-based products and Americans to gain quick approval for ing so slowly to keep up with some- services whenever possible. much needed Social Security benefits thing like technology that would allow What does that mean in English? It in a matter of days or weeks rather an industry group to come up with, in means when government goes out, and than months or years; although in this effect, best practices. Those companies particularly during sole-sourcing of a area of Social Security disability we that adhere to those best practices solution set, too often—and I have seen need to make sure only the appropriate would actually receive legal and other this in my old industry of telecom beneficiaries are receiving those funds. protections so we could encourage years in and years out—people will de- For years, the Social Security Dis- folks to make sure we have in place the velop a particular product or solution ability Insurance Program has faced kind of protections that all industries that works for that company’s only set backlogs and delays in processing and our country need. of standards, and when the government claims. In 2011 there were on average To make clear that we don’t have subsequently or other private sector 700,000 pending cases. We need to do a mandatory standards, we have put in entities go on and buy or replace or ex- better job of evaluating and weeding place—I have been working with Sen- pand whatever particular system it is, out some of those cases. Couple this ator SNOWE on a couple of amend- if it is not interoperable with the rest with what used to be a lack of case- ments. I believe there are other Mem- of the telecommunications system or worker knowledge on rare illnesses, bers who will join us on at least one of the rest of the network, then we are and the result was a number of applica- these amendments. The first amend- really not getting value for our dollar. tions with rare illnesses being incor- ment is very important and hopefully Again, this is a small issue in the rectly denied Federal benefits. They will go some distance in terms of clari- context of cyber security, but both then had to face an appeals process fying one of the issues that seems to be Senator SNOWE and I believe it is im- which took years to complete. a major subject of debate in this legis- portant for the purpose of competition, Beginning in 2008, Ms. Braunstein lation, and that is to modify—again and it should lower the overall cost of partnered with patient advocacy working with the chairs of the com- key technologies and services for the groups and NIH to come up with a list mittee, we may even move beyond this taxpayer. of 25 cancers and 25 rare diseases that modification to elimination—a key So as I close on my first comments, would automatically qualify an appli- section of the bill, section 103. It will I hope we will be able to move forward cant to receive benefits. To further im- make clear that the standards set by before the break on the question of prove the speed and efficiency and cost this bill, the protection of infrastruc- cyber security. I think great progress effectiveness of this process, an easy-

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12983 to-use reference guide and training pro- Mr. COBURN. Mr. President, I ask So when I started getting the ques- gram was put together to aid case- unanimous consent to speak as in tions from our troops in Iraq and Af- workers. morning business. ghanistan, I started looking into what According to Social Security Com- The PRESIDING OFFICER. Without was happening. Most of our soldiers missioner Michael Astrue, when Ms. objection, it is so ordered. know exactly what to do and how to Braunstein began work on the compas- The Senator is recognized. care for their rifle. They know how to sionate allowances, some Americans ARMY WEAPONRY take care of it. So we looked into the were waiting 2 to 4 years for a decision. Mr. COBURN. Mr. President, it is issue. What we found was that there Now those with the most devastating pretty unusual for me to come to the were several studies that raised ques- disabilities get approved for benefits in floor to say I want to spend money. But tions about the reliability of the M4 a matter of days. In 2010, the program I have had a longstanding problem as I rifle and whether there was a better was able to assist an estimated 45,000 sign the letters of condolences to hun- weapon out there for our troops. people, and 65,000 people in 2011. dreds of families in Oklahoma who For example, a special operations I hope my colleagues will join me in have lost their loved one by serving forces report in February 2001 said the honoring Ms. Braunstein for her inno- this country. M4’s short barrel and gas tube in- vation and excellent work she has done I come to the floor to offer a critique creased the risk that a round might as well as her commitment to public on one of the most important things to not eject from the rifle properly after service. the people who truly put their lives on it is fired. In other words, they fire it Again, we have some hard choices to the line for this country. It is a na- and the round does not come out. That make beyond the question of cyber se- tional security issue, but it is truly is called a jam—when you are having curity, but as we approach this fiscal about our men and women in uniform bullets coming at you and your rifle is cliff there will be more asked of all and the most important deployed weap- jamming. Americans and there will be more on system over the last 10 years of war; What we did was we set up a test, and asked of our Federal employees. We that is, the Army service rifle and the Army would not do it. So I put a will have to continue to find ways to their other small arms. hold on the Secretary of the Army Pete There is nothing more important to a ratchet out those programs that are Geren’s nomination. We talked, and he soldier than his rifle or her rifle. There duplicative, those areas where we are assured me we would have a new com- is simply no excuse for not providing not getting value for our dollar. petition for a new rifle for our troops. our soldiers with the best weapon, not Again, I know this is an issue of con- That was in 2007. just a weapon that is ‘‘good enough.’’ cern to the Senator from Louisiana and Here we are, 5 years later, and the As I go through this, I am going to the Senator from Oklahoma. But when give a history of what the military has Army is now telling us we are going to we find initiatives that work, and we done—or, rather, basically what they complete a new competition in 2014. find Federal employees who are helping have not done—in terms of having But in the meantime, we had a test us provide value, particularly for those available for our soldiers a weapon that done against our soldiers’ rifle and oth- in need at a good price, they deserve is capable of giving them the best pos- ers available in the world, in terms of this recognition. sible chance when they serve our coun- a dust test, and we came in last. With that, I yield the floor. try. So we are sending our troops to de- The PRESIDING OFFICER. The Sen- Over the last few years, we have fend us and fight for a cause that we ator from Louisiana. spent $8,000 per soldier on new radios, have put blood, sweat, tears, and $1 Ms. LANDRIEU. Mr. President, first, but we still are using a weapon that is trillion into, and we are sending them before I begin the topic I wish to speak 25 years old when it comes to their M4. with one that does not work the best. about, I thank Mr. WARNER, the Sen- I first got involved in this when I got My question to the Army is, Why? I ator from Virginia, for his leadership. e-mails. I gave many in the Oklahoma can tell you why. Because the guys who He has many Federal employees, many National Guard—who served multiple are responsible for making the decision defense contractors in Virginia. He, as tours, with lots of life lost in Iraq and on purchasing the rifles are not the a Senator from Virginia, recognizes the Afghanistan—I gave those soldiers my guys who are out there on the line. Be- great threat to our Nation today in personal e-mail, and I said: If you are cause if they were, we would have al- cyber security. The Senator knows having a problem over there, e-mail ready had this competition and our very well that there are literally thou- me. service men and women would be get- sands of attacks taking place as we I started hearing about the malfunc- ting new rifles. speak. That is why as we get ready to tion, the lack of effectiveness of the M4 It is not that we cannot do it because go back to our States for the August for the Oklahomans who were over what we learned—as we went back in recess and visit with constituents, we there. It is the same weapon the career and reupped in Afghanistan—we deter- are pressing very hard for a positive Army has. It is the same weapon every- mined that the MRAP was not suitable vote to move forward on the debate to body who is issued a standard rifle is for the rocky terrain as compared to fashion a cyber security bill for our Na- given, except for our special forces and what we used it for in Iraq. tion. So I thank the Senator for his others in the world who have a better In less than 16 months and after rapid leadership and, of course, the tremen- rifle than the U.S. soldier on the testing and fielding, new MRAP All- dous Federal employees who do get ground fighting on our behalf. Terrain Vehicles—that was designed beat up all the time but, in fact, do re- I have noted before in the CONGRES- specifically for Afghanistan; a com- markable work for our Nation and for SIONAL RECORD that I have lifted my plicated piece of vital equipment, cost- the world. objection to the nomination of Ms. ing $1⁄2 million each—started arriving So I thank the Senator from Vir- Heidi Shyu to be the Assistant Sec- in Afghanistan. ginia. retary of the Army for Acquisitions. It So it is not that we cannot supply (The remarks of Senator LANDRIEU is an important position. She is in our soldiers with a new rifle. It is not pertaining to the introduction of S. charge of $28 billion worth of expendi- that it cannot be done. It is that we 3472 are printed in today’s RECORD tures. My objection was due to the refuse to do it. under ‘‘Statements on Introduced Bills Army’s continued lack of urgency in For $1,500, we can give every person and Joint Resolutions.’’) modernizing and fielding new rifles, on the line something equivalent to Ms. LANDRIEU. I thank Senator carbines, pistols, light machine guns, what our special forces have today. COBURN for letting me speak in ad- and ammunition for our troops in com- Let me show some history. vance of his time on the floor. bat. Ms. Shyu has been very responsive The average age of our troops rifle is I yield the floor. to me and has provided some informa- 26 years. The average age of the Ger- The PRESIDING OFFICER (Mr. tion regarding the Army’s future plans man military rifle, small arms, is 12 CARDIN). The Senator from Oklahoma. for small arms and ammunition. years. For the U.S. special operations

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12984 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 forces, theirs is 8 years. Guess what. they could give every soldier in the their issued weapon, the M4 carbine, They have new technology. Our regular military a new, capable, modern weap- was jamming in Iraq. These soldiers frontline guys, they do not get it. They on, and it does not just apply to their were told by their superiors that jam- cannot have it. It costs the same, but rifle. ming resulted from poor weapons main- they cannot have it because it is not a One of the biggest complaints, after tenance on their part and not from any priority for the leadership in the Army the M4, is the fact that the regular fault of the rifle. While cleaning and to give the most deployed piece of Army gets a 9-millimeter pistol that proper maintenance of a weapon are ex- equipment our troops need—that de- weighs over 2 pounds, but our special tremely important, sand and dust in fends them, protects them, and gives operations forces get a .45-caliber pis- Iraq are a daily occurrence and any them the ability to come home alive— tol that weighs less than 11⁄2 pounds. small arms weapon our troops use we will not give it to them. It is That is a big difference when you are there should be able to fire reliably in shameful. It is shameful. out there all day. But the most impor- spite of some sand and dust. Let me give a history of what hap- tant thing is, a .45-caliber round is Also, the National Guard soldiers pened just once in Afghanistan. twice the size of a 9-millimeter round, from my State—as is the case for It was called the battle of Wanat. On so when you are shooting it and you hit Guard soldiers from many if not all of July 13, 2008, in the battle of Wanat, in somebody, it is going to take them our States—are somewhat more likely Afghanistan, 200 Taliban troops at- down. A 9-millimeter does not. So we to hunt or serve as police officers or se- tacked U.S. troops at a remote outpost are giving them an inferior pistol curity guards in their civilian lives. In in eastern Afghanistan. The Taliban throughout the military. other words, National Guard soldiers in were able to break through our lines Then, finally, here is what an M4 car- the infantry generally know better and entered the main base before even- bine looks like compared to an HK416, than most how to care for rifles. So my tually being repelled by artillery and as shown on this chart. One other point staff looked into this issue and found aircraft. I would make. This piece of equipment that there were studies that raise ques- What is notable about the battle was fires on automatic. This other piece of tions on the reliability of the M4 and the perceived performance of the sol- equipment—because the military wants whether there was a better weapon out diers’ small arms weapons in the initial to save some bullets—will not fire on there for our troops. For example, a part of the battle. special operations forces report in Feb- Here are some quotes: automatic. So our soldiers are facing people who have automatic fire and ruary 2001 said that the M4’s short bar- My M4 quit firing and would no longer they can fire in bursts of three and at rel and gas tube increased risk that charge when I tried to correct the malfunc- round might not eject from the rifle tion. half the rate of what they are facing. I couldn’t charge my weapon and put an- Why would we do that? The real properly after firing. other round in because it was too hot, so I question is, we are asking people to de- I also learned that in the early 1990s got mad I threw my weapon down. fend this country. For essentially the Colt received funding from the Army to It would be bad enough if this was same amount of money, we can buy an produce the M4 carbine, which would the first time it happened. But it is not old-style, 26-year-old M4 or we can buy be a shorter variant on the M16 rifle. the first time it has happened. It has a brand new one that gives them every- This was not done through a competi- happened multiple times to our troops thing they need and gives them the tion and was considered merely an extension of Colt’s original M16 contract. in our present conflicts. best weapon. Do they not deserve that? This lack of competition would later All we have to do is go back to what A lot of people do a lot of things for greatly benefit Colt. In 1999 Colt happened with the M16 when they were our country. But nobody does for our charged the military less than $600 per first used in Vietnam. There were in- country what the soldier on the front- M4 carbine. This would rise to more stant reports of jamming and malfunc- line does—nobody. This is a moral than $900 in 2002 and more than $1,200 tions. One tragic but indicative marine question, Mr. Secretary of the Army. action report read: for a fully equipped carbine in 2010 This is a moral question. Get the rifle when the wars in Iraq and Afghanistan We left with 72 men in our platoon and competition going. came back with 19. Believe it or not, you resulted in more M4s being bought. Members of Congress, members of the So in 2007 I raised these questions know what killed most of us? Our own rifle. Senate Armed Services Committee, do Practically every one of our dead was found and even put a hold on the nomination with his M16 torn down next to him where he not allow this to continue to happen. of Secretary of the Army Pete Geren. had been trying to fix it. Do not allow this to continue to hap- To his credit, he ordered a full and That is occurring now, except it is pen. There is no excuse for it. We open competition for a new carbine not getting any press. Again, I would should be embarrassed. We should be rifle no later than the end of 2009. ask my colleagues in the Senate: Why ashamed. Because what we are doing is It is now 2012 and the Army still has would we not give our soldiers the ca- sending our troops into harm’s way not completed a competition for a new pability that almost every other sol- with less than the best that we can pro- carbine rifle, now scheduled for 2014. dier has except ours? vide for them. The window for the regular Army sol- There is another aspect of this that I As I have noted, I have lifted my ob- diers to battlefield test an improved think needs to be shared; that is, the jection to the nomination of Ms. Heidi rifle in a war we have been in for 12 fact that it is all about acquisitions Shyu to be the Assistant Secretary of years is rapidly closing. This extended and culture rather than about doing the Army for Acquisitions. This is an and lengthy process is for a weapon the right thing. I do not like giving extremely important position for an system that—while vital—costs less this talk critical of the leadership of organization as large as the U.S. Army than $2,000 each. the Army. But when it is going to take which spends $28 billion per year on ac- This 7-year effort differs greatly from 7 years to field a new rifle and in 18 quisition of goods and services. My ob- their effort to field new armored com- months we can build and design a com- jection was due to the Army’s contin- bat vehicles in Afghanistan. According pletely new $500,000 piece of equipment, ued lack of urgency in modernizing and to the Government Accountability Of- an MRAP, for Afghanistan or when we fielding new rifles, carbines, pistols, fice, in 2008 Army leaders determined can spend $8,000 per troop to give them light machine guns, and ammunition that the Mine Resistant Ambush Pro- a new radio—which are all going to be to our troops in combat. Ms. Shyu has tected, MRAP, vehicle was not suitable replaced in the next 2 years with an- been responsive to me and provided for the rocky terrain of Afghanistan. In other $8,000—and we cannot give them some information regarding the less than 16 months and after rapid a $1,500 H&K or something equivalent, Army’s future plans for small arms and testing and fielding, new MRAP all-ter- there is something wrong with our sys- ammunition. rain vehicles, M–ATV, a complicated tem. Our priorities are out of whack. I first got involved in the Army small piece of vital equipment costing If the Department of Defense had arms issue 6 years ago when Oklahoma $500,000 each—started arriving in Af- spent just 15 percent less on radios, National Guard soldiers told me that ghanistan.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.000 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12985 In contrast, according to the Govern- the Army’s standard muzzle-loaded Shortly after World War II ended the ment Accountability Office, the De- rifle and decided to do something about Soviet Union invented the AK–47 fully partment of Defense spent more than it. Colonel Wilder, commander of the automatic assault rifle. This rifle’s $11 billion buying newer models of ex- Union’s ‘‘Lightning Brigade’’ decided success is easily stated: over 90 million isting legacy radios from 2003 to 2011 to go around the Army bureaucracy. AK–47s or derivatives have been built. and is currently planning on spending His men spent $35 out of their pay- It is very likely a weapon that has in- billions more on even newer radios to checks to buy Spencer Repeating Rifles flicted more casualties than any other replace the ones just purchased for Iraq direct from the factory for his mounted weapon on earth. Soviet troops had and Afghanistan. There are only 1.4 cavalry. In one of the first battles this rifle nearly 20 years before the million troops on active duty so the using this new rifle Wilder’s ‘‘Light- United States Army would issue as- Department of Defense has spent near- ning Brigade’’ of 1,000 soldiers defended sault rifles to its soldiers. ly $8,000 per troop on new radios. A the Union flank against over 8,000 Con- In 1958, an American inventor named brand new rifle—that soldiers don’t federate troops that could not pass. At Eugene Stoner developed the AR–15 have—costs around $1,000 to $1,500. one point one company of Colonel rifle in less than 9 months, which If the Department of Defense had just Wilder’s men held off ten times as would eventually become the M16. This spent 15 percent less on the billions and many Confederate troops using their revolutionary rifle weighed six pounds billions they spent on newer models of repeating rifles for 5 hours. and fired at a rate between 700 and 900 legacy radios in the last 10 years, every However, the Army did not widely shots per minute with little recoil and soldier in the Army could have had a adopt the repeating rifle after the Civil the lightweight but still deadly 5.56mm brand new carbine rifle going to war. War. More than 30 years later in the ammunition meant soldiers could In addition to the rifle, there remains Spanish-American War, 5,000 American carry more firepower than before. a great need for improvement of the soldiers armed with single shot rifles However, it took the then-Chief of Army’s service pistol. This pistol, usu- attacked fewer than 1,000 Spanish sol- Staff of the Air Force General Curtis ally given to officers but also as an ad- diers armed with a German ‘Mauser’ LeMay to purchase 85,000 of them for ditional weapon to some infantry sol- repeating rifle. While Americans won use by Air Force base defense airmen diers, is the M9 Beretta. This pistol en- the battle by attrition (there were before they got into the military at all. tered the Army in 1985, 27 years ago, 10,000 U.S. troops in reserve), the U.S. The U.S. Army was strongly opposed to and fires a 9mm round. The M9 pistol Army suffered over 1,400 casualties, the M16. Some of these weapons were had the lowest satisfaction rate of any with 205 killed, while the Spanish lost used by Special Forces troops serving weapon surveyed by the military in fewer than 250, with 58 killed, before as advisers in Vietnam, increasing the 2006 on troops returning from Iraq and surrendering. pressure for the Army to adopt it. The Afghanistan with half feeling that the A telling American newspaper col- Army initially refused the AR–15s stat- 9mm ammunition is insufficient. umn title from 1898 aptly summarizes ing the ‘‘lack of any military require- Is the Army’s failure to modernize its the problems: ‘‘The [U.S. Army] Gun: ment.’’ rifles, pistols and machine guns a re- It is Inferior in Many Respects to the At this point, it should be clarified cent occurrence? Sadly no, the Army’s Mauser [rifle] used by the Spaniards.’’ that the Army has used the phrase reluctance to field new weapons runs The article states unequivocally that ‘‘lack of a requirement’’ for more than throughout its history. In far too many the ‘‘enemy’s [Spain’s] weapon is easier 50 years to justify slowing down and instances U.S. Army troops have en- to load [and] can be fired more rap- not innovating in the area of small tered battle with an inferior weapon to idly’’. arms. I first encountered the phrase their adversaries and either during or The 20th Century would see a great ‘‘lack of a requirement’’ in 2006 when after the war ended the Army was re- deal of further modernization, im- asking why the Army couldn’t field a luctant to change and adapt to the su- provement, and innovation in the area better carbine rifle that didn’t jam in perior weapons. In 1776 colonial forces faced the Brit- of small arms to include lighter fully the desert. I am hearing the same ish at the Battle of Brandywine where automatic assault rifles capable of fir- phrase today when I ask why soldiers the British used a new breech loading ing at a rate of more than 10 rounds per can’t have a better light machine gun weapon that loaded at the rear of the second rather than per minute. or pistol. Soldiers have complained weapon rather than the muzzle or front The United States entered World War about these weapons but they can’t of the weapon. As a result trained Brit- I with a Springfield 1903 rifle, named have a new one because there is no ish soldiers could fire more than twice for the Armory and the year it was pro- ‘‘military requirement.’’ Congress is as fast as trained colonial American duced, which was possibly the third often frustrated by the term ‘‘military soldiers. The breech loading weapon best rifle in the world at that time. requirement’’ because it can be used to was not used much in the Revolu- The British Enfield-Lee rifle held ten deflect responsibility from the person tionary War but where it was used, rounds instead of 5 and could fire up- using it. It says the Army is fearful of such as at the Battle of Brandywine, it wards of 20 rounds per minute. The offering its judgment on whether or was described as acting magnificently: American rifle held only 5 rounds and not someone made a weapon that is 93 British killed and 400 wounded com- fired 10 rounds per minute which was better than what the Army has, so it pared to over 300 Americans that died, similar, but still inferior to the Ger- instead says that the weapon is not 600 wounded, and 400 prisoners cap- man rifle that was capable of firing needed. tured. more rounds per minute. It took intervention by President However when Americans again The U.S. Army did enter World War Kennedy and Secretary of Defense fought the British in the War of 1812— II with one of the last great battle ri- McNamara to order the Army to adopt 36 years later—the Americans were fles, the M1 Garand, but its success the M16 rifle—the military version of still using the same muzzle loading during that conflict may have blinded the AR–15. Then what happened in weapon they fought with during the the Army to a revolutionary develop- Vietnam was a tragic occurrence that Battle of Brandywine. ment in small arms: the invention of took the direct involvement and inves- U.S. Army troops at war against the modern lightweight fully-auto- tigation of Congress and deaths of Mexico in 1845 did not have breech matic assault rifle. From 1942 to 1944 thousands of soldiers to remedy. loading rifles, but rather continued to Germany invented the world’s first as- When the M16s were first used in carry muzzle-loading rifles when fight- sault rifles—rifles that could fire 550 to Vietnam there were nearly instant re- ing against Mexico—nearly 80 years 600 rounds per minute and held detach- ports of jamming and malfunctions. after the breech-loading rifle was in- able 30 round magazines. However, it One tragic but indicative Marine after- vented. would be over two decades later before action report read: During the Civil War one Union offi- U.S. Army soldiers were permitted to We left with 72 men in our platoon and cer in particular was unsatisfied with have lightweight assault rifles. came back with 19. Believe it or not, you

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12986 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 know what killed most of us? Our own rifle. mote outpost in eastern Afghanistan. The PRESIDING OFFICER. Without Practically every one of our dead was found The Taliban were able to break objection, it is so ordered. with his M16 torn down next to him where he through U.S. lines and enter the main Mr. MORAN. Mr. President, I ask had been trying to fix it. base before eventually being repelled unanimous consent to speak as in Before the necessary fixes could be by artillery and aircraft. What is nota- morning business. made to the weapon which included ble about the battle was the perceived The PRESIDING OFFICER. Without switching back to the original type of poor performance of the soldiers’ small objection, it is so ordered. ammunition propellant and issuing arms weapons in the initial part of the THE DROUGHT cleaning supplies in early 1967, nearly battle. Some selected quotes from the Mr. MORAN. Back home in Kansas, ten thousand American soldiers had report: we are spending our time down on our been killed. Before the Army made the My M4 quit firing and would no longer knees and then looking up to the sky. changes these soldiers were told—much charge when I tried to correct the malfunc- We are praying and hoping for rain. as soldiers are told today—that prob- tion, I couldn’t charge my weapon and put an- Our State, along with much of the lems with their weapons are their country, is in a very serious drought. fault: a lack of care and cleaning or op- other round in because it was too hot, so I got mad and threw my weapon down. Crops are dying. Cattle are hungry and erator error. There is no formal process are being sold off and water is in scarce where soldiers are required to provide Nine soldiers died and twenty-seven were wounded at the Battle of Wanat supply. feedback to Army leadership on a Every county in Kansas, all 105, have jammed weapon in order to accurately in Afghanistan. For too much of its history from the now been declared disaster commu- note issues with reliability. Revolutionary War to today the Army nities. Half of the continental United There were six warnings from various has shown a slowness and reluctance to States is in the worst drought since arsenals and offices within the Depart- adopt improved small arms weapons 1956, and the situation is expected only ment of Defense as to the problems and ammunition developed by others. to get worse. In this photograph, my with the M16. However, the Army Ma- It has also been slow to recognize and friend Ken Grecian from Palco, KS—it teriel Command and Army senior lead- fix problems with its small arms. The is a little town in northwest Kansas—is ers would not listen. It took public Army has repeatedly engaged in poor pictured here with dry grass and hun- pressure and a massive congressional negotiating and contracting on behalf gry cattle. Over the past few weeks, investigation by the House Armed of the American people. Senior Army Ken has had to reduce his herd at lower Services Committee to get to the bot- leaders continue to go work for incum- prices than before because there is not tom of the problems with the Army’s bent small arms manufacturers after enough feed to feed the cattle. Ken is small arms in Vietnam. It was discov- they retire. similar to many producers who have ered that the Army was using a dif- However, a major problem is also been diligently building their herds of ferent ammunition propellant—pro- Congress. There have been far too few cattle over many years and are now cured from a sole-source contract— hearings and oversight on the topic of seeing those cattle sold due to the that caused the M16 to jam. After Con- small arms. The House Armed Services drought, undermining their efforts, gressional intervention, the original Committee report in 1967 stands out as year after year, to develop a herd. propellant was used and the problems an exception that proves this point. Paul and Tommie Westfahl from with the M16 nearly disappeared. After Senior military leaders in uniform and Haven, KS, just a little bit north and Vietnam, the Army formally adopted civilians are regularly challenged and west of Wichita, and their two daugh- the M16 as its service rifle and by 1968 questioned—and in some cases chewed ters Jenna and Raegan are pictured nearly all troops surveyed said they out—on all manner of programs and standing next to their failed crops. preferred the M16 to any other rifle. weapon systems here by Members of South central Kansas has been hard hit The post-Vietnam era saw changes Congress including medical benefits, this year by the drought. The corn on for the M16 weapon, few of them posi- stealth fighter jets, missile defense, the right never got above chest high tive. In 1980 the Army adopted a dif- the size of the Army and Navy, and ar- and dried up months before it was time ferent, heavier 5.56mm round that re- mored vehicles. to harvest. quired different rifling for the caliber However, for some reason Congress, Paul swathed and will soon bale his which marginally improved penetra- for the most part, has seen fit to give failed beans on the left of the photo tion of armor and helmets but at the the Army a pass on small arms. For and try to save some of that for feed cost of greatly reducing. some reason the oversight committees for cattle this winter. Hard times are U.S. troops would find out in Iraq and responsible do not aggressively and there and they are not over. Afghanistan that the enemy did not regularly question whether the Army’s The United States has a long history wear helmets or armor. As a result the rifle—the most deployed weapon sys- of drought and recovery. From the rounds would penetrate through the tem for the last ten years—is the best Dust Bowl to today, we have faced peri- enemy and exit the other side without that American industry can offer our ods of drought. The thirties were often causing enough damage to incapacitate troops. There are many small arms ex- called the worst of hard times. Don him and he kept fighting. Soldiers have perts that are independent of the in- Hartwell, a farmer on the Kansas and regularly reported having to fire mul- dustry that can inform Congress on Nebraska border, captured how hard it tiple rounds into enemy combatants in this issue. I call on my colleagues to was when he wrote this in his diary on Iraq and Afghanistan as a result. hold long overdue hearings on this May 21, 1936: In 1982 the Army also altered the M16 topic with independent witnesses as 15 years ago, the Republican River bottom to prohibit soldiers from firing on full soon as possible and will continue my was a vast expanse of alfa and corn fields. automatic. The current M16A2 rifle has efforts on this issue to raise awareness Now, it is practically a desert of wasted, a choice between semiautomatic and and push the Army to procure the best shifting sand, washed-out ditches, cockle three-round burst. The M16A2 is now weapons and ammunition for our burs, and devastation. I doubt very much if it ever can be reclaimed. the only major assault rifle in the troops. world fielded for military use that does I yield the floor and I suggest the ab- A few weeks later he wrote in his have a full automatic capability. sence of a quorum. diary, ‘‘I wonder where we will be a As I said the problems we see with The PRESIDING OFFICER. The year from now?’’ In the 1930s, folks small arms procurement may not be clerk will call the roll. were faced with severe drought which sinister, but they are serious and they The bill clerk proceeded to call the resulted in the Dust Bowl. People were are current. roll. forced to abandon their farms and On July 13, 2008 in the Battle of Mr. MORAN. Mr. President, I ask ranches and give up the only way of Wanat in Afghanistan around 200 unanimous consent that the order for life they knew. Crops, livestock, and Taliban attacked U.S. troops at a re- the quorum call be rescinded. livelihoods vanished with the dust.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12987 They were unimaginable times. Thank- ranchers. Farmers and ranchers such people because of a concerted campaign fully, those unimaginable times passed as Ken and Paul deserve to know what of disinformation, a concerted cam- and the rains came and the Republican the future of these programs will be. paign to brand the concept as somehow River bottom was reclaimed. We should not expect producers to slightly outside of the mainstream of This happened with the help of the plant crops or to buy and sell livestock American political thinking. I have to good Lord and by individual efforts by if they do not know what the rules are. say it has been a remarkably effective those who refused to give in to those Putting these programs back in place campaign. You can’t sit here and say it bad times, to give in to nature. If we and ensuring a sound safety net is vital hasn’t worked. Every opportunity to look at the drought now and compare for drought recovery, continued con- cast a pall on facts with some kind of it to that of the 1930s, we will notice a servation work, and for the affordable cockamamie theory has been taken ad- huge difference. There is no Dust Bowl. food supply for the people of our coun- vantage of, and a lot of money has been The programs and conservation man- try. Kansas farmers and ranchers spent in this process of disinformation agement tools that were used have should not have to keep guessing. It is and discrediting. worked. The forward-thinking Amer- too important to their families, their People used to joke years and years ican farmers and ranchers, the land- industry, and their Nation for more ago about those who argued that the owners who adopted new land and live- delay. Earth was flat. For a long period of stock management practices have We must give agricultural producers time, people argued that the Earth was made conservation the most effective the long-term certainty and support flat, even though the evidence of as- drought mitigation effort available they deserve. While we wait for Wash- tronomers and explorers evidenced that today. ington, we will continue to hope and it was in fact quite the opposite. So we But conservation programs are in pray. have, in effect, with respect to climate danger. While many conservation prac- I yield the floor. change in America today what is fun- tices can be planned and executed by The PRESIDING OFFICER. The Sen- damentally a ‘‘flat Earth caucus’’—a individual farmers and ranchers, cer- ator from Massachusetts. bunch of people, some in the U.S. Con- tain programs administered by the De- Mr. KERRY. Mr. President, what is gress itself, who still argue against all partment of Agriculture deserve our the parliamentary situation? of the science, all of the evidence, that attention so these important initia- The PRESIDING OFFICER. We are somehow we don’t know enough about tives do not expire on September 30. In on the motion to proceed. climate change or that the evidence just about 60 days, farm programs will CLIMATE CHANGE isn’t sufficient or that it is a hoax. We expire, and that means more uncer- Mr. KERRY. Mr. President, a number have Members of the Senate who argue tainty, compounding an already disas- of us have spoken with increasing con- it is a hoax. But that is all they do. trous drought situation. cern—I think probably most Senators They make the argument it is a hoax, Right now, farmers and ranchers are have come to the floor in the course of but they don’t present—and they wondering the same thing Don the last months to express their alarm can’t—any real, hard, scientific, peer- Hartwell wondered in 1936: Where am I about the politics that surround big reviewed evidence to the effect that it going to be 1 year from now? As Con- issues in our country that demand ac- is in fact a hoax. The reason they can’t gress debates the future of domestic tion and not partisanship, not acri- is there are 6,000-plus peer-reviewed agricultural policy, it is critical risk mony, but which we continue to simply studies, which is the way science has mitigation tools are included for farm- find a way to avoid. We have been art- always been done in America. If you ers and ranchers. Most important ists in the politics of avoidance here in are a scientist and you are a re- among these tools is crop insurance. Washington over the course of too long searcher, you do your science and re- With the absence of direct payments in a period now. search, and then your analysis is put to both the House and Senate versions of The debt and the fiscal cliff are obvi- the test by your peers in those par- a new farm bill, crop insurance is and ously perfect examples of where, de- ticular disciplines. They pass on the will remain the last protective tool spite all of the warnings and all of the methodology, the pedagogy by which available to those producers. expert advice we get, Congress is fun- you arrived at your conclusions. Viable crop insurance ensures that a damentally stuck in political cement We have more than 6,000 of those farm operation can survive difficult of our own mixing. No one will credibly kinds of properly peer-reviewed anal- times, when there is drought or hail or deny here the existence of the fiscal yses of the science of climate change, flood, in hopes that they can experi- cliff, the crisis of our budget, the tax and the other side of the ledger has not ence a successful yield the following system, and so forth. So that, at least one—not one, zero—peer-reviewed anal- year. Farmers always have hope: as an issue that is avoided, gets a cred- ysis that says human beings aren’t Tough times now? Come back next ible amount of words being thrown at doing this to the atmosphere and that year. But crop insurance, as valuable it. humans are not contributing or the as it is, does not cover all the problems But there is another issue that, in main cause of what is happening in agriculture producers face, and par- many ways, is just as serious because terms of the warming of the surface of ticularly livestock producers are not of its implications for all that we do on the Earth. usually generally eligible for crop in- this planet, but which doesn’t any What has happened is that in Amer- surance coverage. longer elicit that kind of concern or ex- ica we all know it. We are seeing it in These producers require risk mitiga- pressions of alarm on both sides of the campaigns because of Citizens United. tion and a safety net just like pro- aisle, or from that many Senators. The You have these unfathomable amounts ducers covered by crop insurance. Dis- two words that have described this par- of money being thrown into the polit- aster programs for livestock, along ticular issue over a long period of time ical system—millionaires and billion- with crop insurance for cultivation ag- now have actually become somewhat aires who plunk down millions of dol- riculture, give producers the security words of almost skepticism in many lars—a $10 million or $20 million check they need to plan and invest for the fu- quarters in America, or a kind of at a whack—and then what is hap- ture. shrug, where people say: I don’t know pening is people buy their facts. They Currently, ranchers and cattlemen what I can do about it. It is not some- create their facts out of whole cloth. are left with few disaster programs. thing I ought to worry about. Some- As we all have been reminded so The 2008 farm bill disaster farm pro- body else will take care of it, or maybe many times in the last year, certainly, grams expired this year, leaving pro- it is not real. Those words are ‘‘climate because of this new debate we are hav- ducers across our drought-stricken change.’’ ing in America—as our colleague, with country with less protection from Climate change, over the last few whom I was privileged to serve here, Mother Nature. These programs are an years, has regrettably lost credibility Pat Moynihan, reminded us again and important safety net for farmers and in the eyes and ears of the American again, everyone is entitled to their own

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12988 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 opinion in America, but you are not en- next to toxic wells and water that had greenhouse gases that are causing the titled to your own facts. But in fact, in been polluted by companies that put problem today. Twenty years ago this American politics today, that is not mercury or other poisons into the year, I was privileged to go with the true. Apparently, you are, because you Earth, which went down into the water Senator from New Jersey, Senator can go out and buy them. You can buy supply, and people got cancer and died. LAUTENBERG, Senator John Chafee, some scientist to whom you give some America decided in the early 1970s— Senator Al Gore, Senator Wirth, and appropriate amount of funds, and he with the first Earth Day in 1970 itself, others, down to Rio, where we took does a study with a particular conclu- and the actions that Congress took part in the first Earth Summit, which sion that has to be found, and they after that in response to the American President George Herbert Walker Bush produce a whole bunch of hurly-burly people—everybody decided we didn’t took seriously. To the great credit of to surround it and suggest that those want that pollution in the air. We ac- George H. W. Bush, he not only sent a are, in fact, facts. tually passed legislation in 1972, 1973, delegation, he personally went down The result of this is that over the and 1974 that created the EPA. there and spoke about the issue. He last year and a half or 2 years, we have America didn’t even have an Envi- helped to embrace a forward-leaning had this concerted assault on reason, ronmental Protection Agency until idea. I think 160-some nations signed an assault on science. This isn’t the Americans said we want to be pro- onto an agreement to try to restrain first time in the history of humankind tected, and the people in Congress re- greenhouse gases. That was back in we have been through these things. sponded to that. We passed the Clean 1992. It was incredible. Galileo was put on trial for his findings Air Act, Clean Water Act, Safe Drink- Here we are, 20 years later, and we and, as we all know, there have been ing Water Act, Marine Mammal Pro- could not even get the time for the countless periods of time—that is why tection, Coastal Zone Management, Senate to send a delegation down we went through an Age of Enlighten- and all of these came about because of there, let alone enough people who ment, Age of Reason, as people chal- an awareness among the American peo- thought it was important and of inter- lenged these old precepts that weren’t ple because they wanted to make a dif- est. The Earth summit, 20 years later, based on fact but were sort of raw be- ferent set of choices or have their poli- came and went without any major step lief and/or political interests in some ticians do so on their behalf. Now, sud- forward or progress, and the procrasti- cases, or religious interests in some denly, there is an assault on the EPA, nation continues. cases. A handful of Senators here, in- the Clean Air Act and, all of a sudden, Mr. President, today I remember the cluding Senator BOXER, Senator WHITE- pollution doesn’t matter. That is what debate when we came back from Kyoto, HOUSE, Senator SANDERS, Senator LAU- we are talking about. in 1998 or so, and we had a debate in the TENBERG, the occupant of the chair, Greenhouse gases are, in fact, a pol- Senate about whether the United and Senator FRANKEN have recently lutant. The particulates that come States should take part in the Kyoto spoken out about this very process by with that have the same effect on Treaty. We all know now, as a matter which an incredibly important, legiti- human beings in terms of their breath- of long history, that we didn’t because mate issue of concern to all Ameri- ing, their lungs, the input in some of it was viewed as being too unilateral. cans—to everybody in the world—is their food and water, which ultimately In fact, everybody had the question of, being completely sidelined because of impacts cancer, emphysema, and other what about China? We can’t possibly the status quo interests of powerful diseases that come as a consequence of sign up for this because China will not corporations and other interests in the quality of air we breathe. Yet we do it, and they will go racing ahead of America that don’t want to change, or have this whole notion now that some- us and continue to grow their economy some of whom find political advantage how we have gone too far, that we have at the expense of the United States. in somehow buying into the theory dis- done enough, or that the job has been Well, Mr. President, guess what. crediting it. done and we can go home, when, in Today China is the leading clean en- This has not been an issue on which fact, it is exactly the opposite. With re- ergy producer in the world. China. The there is a profile of courage by some in spect to pollution, there are choices, United States of America invented the the U.S. Congress who are prepared to and with respect to health, the single technologies 50 years ago—of solar and stand up and say what they know is greatest cause of young Americans wind, renewable energy technologies true, but what has become far more going to the hospital in the summer- such as turbines, the transmission, and convenient to avoid. I believe the situ- time and costing billions of dollars to so forth, and photovoltaics. About 4 ation we face is as dangerous as any of the American people is environ- years ago, China had about 9 percent of the sort of real crises that we talk mentally induced asthma. That envi- the market. That was 4 years ago. Two about. ronmentally induced asthma comes years ago, China had 40 percent of the Today we had a hearing in the For- about as a consequence of the ingredi- market. Today China has over 70 per- eign Relations Committee on the sub- ents that go into the air. All of this is cent of the global solar market, and ject of Syria. We all know what is hap- related. the United States, which invented the pening with respect to Iran and nuclear In addition, there is not one person technology, doesn’t have one company weapons, and even the possibility of a in the Senate who doesn’t know that in the top 10 solar panel producers, war. This issue actually is of as signifi- we are still more dependent than we solar energy producers in the world. cant a level of importance because it want to be on foreign oil. We are better You know what is happening. Ninety- affects life itself on the planet, because than we were, and we have made im- five percent of what China produces it it affects ecosystems on which the provements, but we are still more de- exports to other countries, including oceans and land depend for the rela- pendent than we want to be on foreign the United States. So here we are, we tionship of the warmth of our Earth oil. We could be doing better with re- give up our lead, and we don’t get the and the amount of moisture there is spect to that if we pursued an intel- jobs. Everybody is screaming about and all of the interactions that occur ligent energy policy. We still don’t jobs. The energy market is a $6 trillion as a consequence of our climate. It in- have an energy policy after the years market with about 6 billion users. Just volves our health because of policies we have been talking about doing it in to put that in perspective, the market that we do or don’t choose to pursue the Senate and elsewhere. that created the great wealth of the with respect to pollution in the air. Why is that important to climate 1990s in the United States was in fact a Pollution didn’t used to be a question change? Because energy policy is the $1 trillion market with about 1 billion mark in American politics. We fought solution to the problem of climate users. That was the technology mar- that fight in the 1960s and 1970s. Rachel change. If you have an effective energy ket. We saw it with personal computers Carson started this enormous move- policy, then you are dealing not only and with the rest of the telephone comment for reasonableness when she with your independence issues, but munications technology of the 1990s. warned Americans they were living with the sources of carbon and other We didn’t even have an Internet in the

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12989 United States until about 1995 or 1996 blesome effects unduly biased our conclu- there has been a migration of things when that began to be commercialized. sions. that grow and don’t grow. This is going Yet in that short span of time we cre- Now, obviously, we all know the fu- to have a profound impact on agri- ated more wealth in America than we ture has a hard way of humbling people culture in our country as we go forward had ever created at any time in Amer- who try to predict it too precisely, but if it continues. And I would just share ica’s history. We created 23 million new I have to say, when the science is with my colleagues why that is true jobs because we led in that new indus- screaming pretty consistently over a beyond any scientific doubt. try. period of 20 years—and not just The first scientist who actually Here we are today staring at the po- screaming at us to say it is coming wrote something about global climate tential of this extraordinary industry— back correctly but that it is coming change was a Swedish scientist by the the energy market—and we are just back with faster results in greater name of Arrhenius, and he wrote sitting on our hands while other coun- amounts than the scientists pre- around the turn of the 19th century— tries take it and run with it and grow dicted—as a matter of human pre- 1890 or something, I don’t remember their economies. We are sitting around caution that ought to be an alarm bell the year. But he is the guy who first saying: Where are the jobs? and people ought to take note. said there was this relationship to the It is an insult. It is an insult to our Here again is what Dr. Muller says: gases trapped in the atmosphere and intelligence. It is an insult to every What about the future? As carbon dioxide this thing called the greenhouse effect. American’s aspirations about where emissions increase, the temperature should In fact, science has now determined to they would like to see our country go. continue to rise. I expect the rate of warm- a certainty the reason we can breathe And the fact is it is not just China, but ing to proceed at a steady pace, about one on Earth today, the reason it is warm India, Mexico, Brazil, South Korea, and and a half degrees over land in the next 50 enough for us to live, the reason life countless other countries have taken years, less if the oceans are included. itself exists on Earth is because there greater advantage of this than the And then he says ominously: is a greenhouse effect. And it is called United States. But if China continues its rapid economic a greenhouse effect because it behaves One of the principal reasons we have growth— just like a greenhouse. trouble getting that market moving is And I say, as a matter of parentheses, The light comes down from the Sun we refuse to put a real price on the who doesn’t believe China isn’t going at a very direct angle on many things price of carbon. Carbon has a price. Ev- to do everything in its power to con- on Earth and is reflected back from erything we are doing to our country tinue its growth path and do what it is things such as the ice and snow and off and to our communities today as a re- doing? So he says: roofs and parking lots and other sult of pollution is a price we are going But if China continues its rapid economic things. But in the ocean and in certain to pay. But that price is not subsumed growth (it has averaged 10 percent per year other dark spots it is subsumed into into the price of products, the price of over the last 20 years) and its vast use of coal that mass, and it goes back much more doing business or anything else because (it typically adds 1 new gigawatt per month), opaque than it comes down in its di- we just avoid it altogether. then that same warming could take place in rectness. The reason, therefore, for the A lot of people here continue, unfor- less than 20 years. greenhouse gas is that it doesn’t es- tunately, to avoid the science and just Less than 20 years, folks. In North cape. It doesn’t break out of the thin not deal with the reality of what is Carolina recently State Senators actu- veneer of the atmosphere that contains happening. But 2 days ago, Mr. Presi- ally voted not to do any planning for the gases that create the greenhouse dent, in the New York Times, there the potential of sea level rise, even effect, which actually creates an aver- was a very important op-ed that ap- though scientists today tell us the sea age temperature globally of about 57 peared, written by a well-known cli- level is rising. Ask insurance compa- degrees Fahrenheit. mate skeptic Dr. Richard Muller, a pro- nies about what they are thinking in That is why life can exist; we have a fessor of physics at the University of terms of their potential exposure and greenhouse effect. And it stands to ab- California at Berkeley. He has written liability as we look down the road with solute high school, if not elementary- many times about how he did not be- respect to the disasters that could middle school logic, if a certain lieve the science was adequate or had come as a consequence of these amount of gases are contained, and produced it. Let me read his words. changes. there has always been balance to some This is Dr. Muller: So the plain fact is we have all of the degree, and you add to that massively Call me a converted skeptic. Three years evidence—and I am not going to go and thicken the amount that is there, ago I identified problems in the previous cli- through all of it right now, but it is less heat is going to escape and we mate studies that, in my mind, threw doubt there for colleagues to analyze—count- wind up augmenting that effect of the on the very existence of global warming. less studies of what is happening in greenhouse. Last year, following an intensive research ef- terms of the movement of forests—lit- Scientists tell us now—and I am not fort involving a dozen scientists, I concluded that global warming was real and that the erally, movement—as it migrates, and a scientist, but I learned how to listen prior estimates of the rate of warming were species that have left Yellowstone Na- to them and at least read the science correct. I’m now going a step further: Hu- tional Park and migrated north. Talk and try to think about it—that in order mans are almost entirely the cause. to the park rangers. Talk to the folks to keep the temperature of the Earth That is what this former climate in Canada and in Colorado and Mon- somewhere near where it is today or skeptic has said. Bottom line: We need tana and other places about the mil- within the permissible range of change, to be armed with the facts, not with lions of acres of pine trees that have we have to keep our greenhouse gases empty rhetoric. That is exactly what been destroyed by the pine bark beetle at—originally, they said—450 parts per Dr. Muller set out to do. Let me quote that now doesn’t die off because it million. As they then noticed the dam- him again: doesn’t get as cold as it used to. Talk age and did more calculation, they We carefully studied issues raised by skep- to people in Canada and in the North- came and said: No, 350 parts per mil- tics: biases from urban heating (we dupli- ern United States who used to skate on lion. cated our results using rural data alone), ponds that used to freeze over but that Why is this important? Because from data collection selection (prior groups don’t freeze over anymore. today, as we are here assembled in the selected fewer than 20 percent of the avail- There are hundreds of examples. Talk Senate, we are now at 397 parts per able temperature stations; we used virtually to the Audubon Society. Ask them million. We are above where they say 100 percent), from poor station quality (we about the reports from their members you have to hold it. And worse, without separately analyzed good stations and poor ones) and from human intervention and data about certain plants and shrubs and doing anything—and we are not doing adjustment (our work is completely auto- trees that don’t grow in the same anything—we are only adding amounts; mated and hands-off). In our papers we dem- places they used to. There is a 100-mile we are moving at a rate that will take onstrate that none of these potentially trou- swath in the United States now where it up to 500 or 600 parts per million. If

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12990 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 that happens, we will be at a tipping America and putting people to work. Committee last week, and I hope we point with respect to the amount of We are not doing it, and we are not are going to see it on the floor of the temperature change—5 to 7 degrees— even building the energy grid of our Senate this fall. and nobody can predict with certainty Nation. We think of the home as a place what happens, except that we know the I must say to my colleagues, the where our families are safe. We don’t ice already melting in Greenland and avoidance here of responsibility for a expect the carpet in our bedrooms, the in the Arctic will melt faster and dis- whole host of choices we ought to be shampoo in our showers, or the deter- appear. As more water is exposed, that making—and obviously, yes, it begins gent in our laundry to pose a threat to dark water subsumes more of the heat, with the deficit and the debt, and we our family’s health. Many everyday and the heat creates greater, more can deal with those issues. There isn’t products contain chemicals. Most rapid melting. And that is exactly a person in the Senate who doesn’t un- Americans just assume those chemicals what scientists are seeing in the Arctic derstand what the magic formula is have been tested and proven safe. But and Antarctic today, where whole going to be to do that. But everybody for the vast majority of chemicals in blocks of ice the size of the State of wants to wait until the end of the elec- products in our homes, safety testing is Rhode Island have broken off and tion. I got it. But this issue has been not required, and we look at the arti- dropped into the sea and floated south waiting and waiting for 20 years now cles that suggest what kinds of things to melt. while other countries are stealing our we are talking about. There are dozens of other examples of opportunities to be able to be in the Every morning, millions of American what is happening. I said I wouldn’t go marketplace and winning. kids wake up in beds that have been into all of them today. I would just say Nothing screams at us more than the treated with chemicals, their break- to my colleagues, please read and chal- need to have an energy policy for our fasts are cooked on pans coated with lenge the science and talk to the peo- country that begins to address the re- chemicals, and their plates are cleaned ple who are the peer reviewers of these alities of climate change, and nothing with chemicals. Today, EPA lists more analyses because we have a responsi- screams at us more than to tell the than 80,000 chemicals in its inventory, bility here, to future generations and truth to the American people about cli- many of which are in regular household to all of us, to try to get this right. mate change, to stop having it be an products—products that our children And in the balance of right and wrong, unusable word in American politics and are exposed to every day. I don’t understand the judgment some not to allow it to become a source of We see here a child getting a bottle. people are making. attack and ridicule with nonfacts and a It is made of plastic, and we don’t real- We know this is a $6 trillion market. bunch of cockamamie theories that ly know what is in it. I think we can We know that if we were to price car- have no foundation in science or in the all agree that a chemical that comes bon, the marketplace would move rap- kind of analysis that does this institu- into contact with a child should be idly toward the kinds of technologies tion justice. tested to see if it is safe. and new job creation that would re- I hope over the course of the next Many, if not most, chemicals in prod- spond to that pricing and the United months we can have this fight because ucts are safe, but we know some are States could become a seller of these nothing less than our economic fu- not. There have been too many cases of technologies and a builder of these new ture—which is, in the end, our greatest toxic chemicals showing up in our ev- energy capacities in various parts of strength for our military, for our secu- eryday lives that have horrible health the world. rity, for all of our objectives—that is effects, and we have found that out Astonishingly, the United States of what is at stake in this effort. I hope only after our families have been ex- America doesn’t even have an energy we will finally wind up doing what is posed. grid. The east coast has an energy grid, right. Recently, the Chicago Tribune ex- the west coast has an energy grid, The PRESIDING OFFICER (Mr. posed the latest example of untested Texas has its own energy grid, and MERKLEY). The Senator from New Jer- chemicals wreaking havoc in our bod- from Chicago out to the Dakotas, there sey. ies. The Tribune reported that flame is sort of an energy grid. But the entire Mr. LAUTENBERG. Mr. President, retardants are widespread in furniture, center of the United States is just a before the senior Senator from Massa- electronics, and other items through- great big gaping hole where we don’t chusetts leaves the floor, I wish to out our homes. In fact, the average have any connected energy trans- commend him for his constant leader- couch contains 2 pounds of chemical mission capacity, and the result is that ship on matters of a better environ- flame retardants. we can’t produce renewable energy ment, more effective ways to get our As we see here, a sofa like this looks down in the four corners of the South- energy without spoiling the environ- as if it is all good and no harm could west—in Colorado, New Mexico, Ari- ment and putting what amounts to come, but there could be chemical ma- zona, and so forth—and sell it to Min- toxins in the air. I congratulate him terials in there that are releasing toxic nesota in the wintertime or to New for his constant leadership in this area. fumes. Chemicals in products don’t al- England, where we pay a very high SAFE CHEMICALS ACT ways stay in products. Many of them price for energy. We can’t send energy Mr. President, one thing Democrats find their way into our bodies. It is not from one part to the other in the and Republicans share is a desire to clear that we are safe with any of these United States of America. It is an in- keep our children and grandchildren products because we don’t know just sult. safe and healthy. Many of us remember exactly what is in there. We need to build a national energy the days when we simply counted to In fact, the Tribune tragically found grid, and in the building of that grid, make sure our newborns had all of that a typical American baby is born there are countless jobs to be created their fingers and toes and breathed a with the highest concentrations of for Americans and countless tech- sigh of relief, but parents today face flame retardants in the world. And nologies to be developed. For every $1 many more threats. As industrial many flame retardants are highly billion we spend on infrastructure, we chemicals have more common in con- toxic. Children born with high con- put 27,000 to 35,000 people to work. If we sumer products, we have seen an in- centrations of flame retardants can passed our infrastructure bank effort crease in certain birth defects, child- suffer devastating consequences for the here in the Senate, for $10 billion of hood cancers, and behavioral disorders. rest of their lives. Flame-retardant American taxpayer leverage, we could That is why I have written legislation chemicals have been linked to cancer, have $650 billion to $700 billion of infra- to reform our chemical management developmental problems, and other structure investment paid for by Chi- system and give parents peace of mind health risks. High levels of these nese investment, by Arab Emirates in- about chemicals in household products. chemicals put newborns at greater risk vestment. It wouldn’t cost the Amer- My Safe Chemicals Act passed out of of low birthrates and birth defects, and ican taxpayers a dime to be building the Environment and Public Works then in childhood they face lower IQs

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12991 and problems with fine motor skills. topic from many angles. We talked to PROGROWTH TAX REFORM Even in adulthood, women who were scientists, workers, business leaders, Mr. HOEVEN. Mr. President, I rise to born with flame retardants in their State officials, firefighters, research- speak on the need for progrowth tax re- blood can have trouble becoming preg- ers, legal experts, and parents who are form. It is a subject I have been here on nant. Imagine, we are setting our chil- concerned about their children’s the Senate floor speaking about repeat- dren back from day one, before they health. We also heard from Senators on edly over the course of the year and have taken their first breath. both sides of the aisle. Throughout this certainly over the course of the recent Flame retardants are just one exam- process, we have listened and we have weeks. ple of the problems with our chemical learned. Last week the Senate voted on sev- safety system. According to the Cen- The result is a commonsense bill that eral tax measures. One of the measures ters for Disease Control and Preven- lays out a vision for strong but prag- was a measure we offered which would tion, Americans typically have 212 in- matic regulation of chemicals. The bill continue the current tax rates for a dustrial chemicals—including 6 that requires the chemical manufacturers year, giving us an opportunity to en- cause cancer—coursing through their to demonstrate the safety of their gage in progrowth tax reform. That bill bodies. We know these chemicals can products before they end up in our bod- was defeated in the Senate. have serious health effects. We can see ies. We already require this for phar- The other bill, a bill which I voted what kinds of health effects. Chemical maceuticals and pesticides, so there is against, was a bill that would raise exposure accounts for as much as 5 per- not any reason we should not require taxes on approximately 1 million small cent of childhood cancers, 10 percent of the same of industrial chemicals that businesses in this country. In fact, that diabetes, 10 percent of Parkinson’s dis- are found in products in our bodies. bill was passed. But the fact is that ease, and 30 percent of childhood asth- The European Union, Canada, other under the Constitution any tax meas- ma. That is not a very comforting idea. countries require safety testing, but ure has to start in the House of Rep- These chemicals are still around and Americans remain unprotected. That is resentatives. In fact, that is what is untested because the 35-year-old law not acceptable. going on today. They are voting on a that is supposed to assess and protect I have received letters in support of measure that would extend the current against chemical health risks is bro- the Safe Chemicals Act signed by more tax rates for a year, giving us the op- ken. That law, called TSCA, is so se- than 300 public health organizations— portunity to engage in progrowth tax verely flawed that the nonpartisan businesses, environmental organiza- reform which I believe would truly help Government Accountability Office tes- tions, health care providers, labor galvanize our economy and raise rev- tified that it is ‘‘a high-risk area of the unions and, again, concerned parents. enue for our country, not through high- law.’’ I want to repeat that. The law Twenty-four Senators have cospon- er taxes but in fact through growth and called TSCA is so severely flawed that sored my Safe Chemicals Act and I be- through more revenue from economic the Government Accountability Office lieve the full Senate should now be growth. testified that it is ‘‘a high-risk area of given a chance to vote for or against I believe that is exactly what we the law.’’ That is a credible govern- the testing of these industrial chemi- have to support in the Senate as well. ment department saying this is a high- cals. We want to debate it on the floor The measure the administration fa- risk area of the law. of the Senate. We want families to vored, and that was earlier passed, as I Of the more than 80,000 chemicals on know what we are thinking about as we say, will be blue-slipped so it will not EPA’s inventory, TSCA has allowed go through this process. They deserve take effect, but the problem with that testing of only around 200 chemicals to know that Congress cares more measure is it would raise taxes on indi- and restrictions on only 5. That is about their kids’ health than the con- viduals and small businesses. Almost a more than 80,000 chemicals that are cerns of the chemical industry lobby- million small businesses across this being used routinely, in EPA’s inven- ists. country would pay higher taxes and they are the generators of jobs for our tory, that might affect children or I come to this conclusion: There is economy. It also raises taxes on capital adults in a household. risk out there that we take unneces- Until this law is fixed, toxic chemi- gains and it raises estate tax as well. sarily. It is time to take action to clear cals will continue to poison our bodies Let me talk about the estate tax or this up. It would be a positive act for and threaten our health. This status the death tax provision for a minute. the chemical manufacturers so they quo is dangerous, and it is unaccept- Right now the estate tax provides an would not have to worry about re- able. We have heard from parents exemption on the first $5 million and sponding to challenges from laws in 50 across the country that we should not then amounts in an estate over that $5 States but rather be under one guide- wait any longer for reform. We had a million threshold are taxed at 35 per- line that takes care of them all. demonstration here in Washington just cent. However, reverting to the pre- It is time to take action. The health a few weeks ago with people asking for 2001–2003 tax rates, which happens at of our children is at stake. I hope my safer chemicals now. They are worried the end of the year unless action is colleagues across the Chamber will about it. They are parents. They don’t taken—unless action is taken by both stand and say yes, you are right, it is want their children exposed to chemi- the House and the Senate to extend the time we challenge what we know is an cals that might injure their health. current rates—then we revert to the It is easy to do. These chemicals exposure that should not exist. Simply tax rates before the 2001–2003 tax reduc- should be tested before they are made done, it would move the process very tions. That means instead of a $5 mil- into products, and then we don’t have quickly, letting us know that every- lion exemption and a 35-percent tax to worry about whether we are doing thing we have that has a chemical rate on estate tax or the death tax, we something that puts our kids at risk. component to it is safe for our use. go to a $1 million exemption with a 55- We have already waited too long. En- Mr. President, I yield the floor and I percent tax rate after that. tire generations have grown up in suggest the absence of a quorum. Think about what that means to our homes filled with untested chemicals. The PRESIDING OFFICER. The farms and our small businesses across Every year, more chemicals are intro- clerk will call the roll. the country: 24 times more farms will duced, more children get sick, and The assistant bill clerk proceeded to then be in an estate tax situation and more lives are put at risk. call the roll. something like 14 times more busi- I was proud when the Environment Mr. HOEVEN. Mr. President, I ask nesses will be in an estate tax situa- and Public Works Committee took an unanimous consent the order for the tion. What does that mean? What it important step last week by passing quorum call be rescinded. means is when a family member dies the Safe Chemicals Act. We began The PRESIDING OFFICER. Without and it is time to pass on that farm or working on TSCA reform in 2005. In the objection, it is so ordered. The Senator pass on that business, they are going to 7 years since, we have explored the from North Dakota. have to borrow money to try to pay the

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12992 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 estate tax. That farm or that business steps we are looking at economic urge my colleagues in the House to is going to have to generate enough growth next year of maybe one-half make sure that at the same time they revenue to pay that estate tax. If you percent for the entire year. If we take are acting on farm bill legislation and cannot pay that estate tax at 55 per- the steps to address the fiscal cliff, as not just the drought legislation. cent of the value of what you are pass- I have described, and take those steps We passed a farm bill in this Senate ing—if that business or that farm can- to undertake progrowth tax reform, several weeks ago on a bipartisan not service that level of debt, then you CBO talks in terms of a 4.4-percent basis. I hope they are able to do the have to sell that farm or sell that growth rate next year. Think what same thing and pass a farm bill in the small business, which may have been in that means to 13 million unemployed House on a bipartisan basis as well the family for many generations. Re- people. It means the difference between that we can go to conference with. I be- member that those farms, those getting a job and not getting a job. lieve the bill we produced in the Senate ranches, those small businesses are the The uncertainty that our economy and the bill they have produced in the backbone of the American economy faces right now because of the expira- Agriculture Committee can be brought and here we are, at a time when we tion of the current tax rates at the end together in a conference committee. have 8.2 percent unemployment and we of the year, and businesses not know- We can pass a farm bill that will be are trying to get this economy going ing what is going to happen, is freezing cost effective, will save money, and and we are putting our small busi- investment capital on the sidelines and help reduce the deficit. nesses across this country in that situ- freezing business expansion. There is The bill we passed would generate $23 ation. more private capital and investment billion in savings to help address the That is why it is so important that capital sidelined now more than in the deficit. It would provide the right kind we act. That is exactly what we have history of our country. We unleash it, of safety net for our farmers and ranch- proposed. We have said rather than and we get it going not by raising taxes ers and ultimately this: Good farm pol- putting our economy in that situation but by providing the legal tax and reg- icy benefits every single American be- right now, let’s set up a 1-year exten- ulatory certainty—the kind of cause our farmers and ranchers sion of current tax rates, let’s engage progrowth tax reform with closing produce the highest quality, lowest in progrowth tax reform where we ac- loopholes, as I have described—to get cost food supply in the world. That tually lower rates but close loopholes, this economy going. benefits every single one of us, not to which will generate economic growth, The administration says: Well, every- mention creating a lot of great jobs and we will get revenue from economic one needs to pay their fair share. I throughout the country. growth rather than from higher taxes. think that is certainly true. We are So I call on the House to act on that That is vitally important. saying exactly that. That is exactly farm bill as well as engage in the kind In fact, on a bipartisan basis 2 years what we do by engaging in progrowth ago that is what we did, we extended of progrowth tax reform that I know tax reform and closing loopholes. Ev- the current tax rates. I think we had 44 will truly benefit our country. eryone is treated fairly, and everyone Democratic votes to do that here in the With that, Mr. President, I note the pays their fair share. Senate. Republicans voted for it. I absence of a quorum. In fact, just to give a sense of that think across the board we had 44 votes The PRESIDING OFFICER. The whole concept, let’s look at who pays on the Democratic side. Also, it was a clerk will call the roll. the income taxes right now according bipartisan measure. I argue that is ex- The assistant legislative clerk pro- to the National Taxpayers Union. actly what we have to do again. Even ceeded to call the roll. Today the top 5 percent of taxpayers the President—who came out that he Mr. INHOFE. Madam President, I ask pay almost 60 percent of the income supported doing exactly what I laid out unanimous consent that the order for tax in this country. The top 10 percent because, he said, we can’t raise taxes in the quorum call be rescinded. pay almost 70 percent of the income a recession. He said raising taxes would The PRESIDING OFFICER (Ms. KLO- hurt the economy and would hurt job tax in this country. The top 25 percent BUCHAR). Without objection, it is so or- creation. pay almost 90 percent of the income dered. If you look at the statistics today, tax in this country. The top 50 percent The Senator from Oklahoma is recog- we are actually in a more difficult eco- of taxpayers pay 98 percent of the in- nized. nomic situation now than we were come tax that is paid in the country. Mr. INHOFE. I thank the Chair. then. Unemployment is at 8.2 percent So the point is, let’s engage in (The remarks of Senator INHOFE per- and has been over 8 percent for more progrowth tax reform that will get our taining to the introduction of S. 3473 than 41 straight months. There are 13 economy growing rather than stagnant are printed in today’s RECORD under million people who are out of work, 10 as it is today. It is that economic ‘‘Statements on Introduced Bills and million people are underemployed, growth that puts our people back to Joint Resolutions.’’) which makes 23 million people either work and truly generates the revenue, Mr. INHOFE. Madam President, I looking for work or looking for a bet- not higher tax rates which will hurt have a little bit of a problem in that I ter job. Middle-class income has de- our growth. We can lower rates, close do not want to take time from the Sen- clined from approximately $55,000 to loopholes, come up with a fairer sys- ator who is in line to speak after me. about $50,000 since this administration tem that is simpler and will generate But I would like to serve notice that took office. Food stamp usage has in- revenue through economic growth. there have been several things that creased from 32 million recipients to 46 That is the only way that economic were said on the floor today concerning million recipients, and as we have seen, growth, along with controlling and this whole idea of global warming. We economic growth is about 1.5 percent. managing our spending, will get us on had a hearing this morning. It was As far as job creation, there were top of our debt and deficit and get kind of revealing because they have 80,000 jobs gained during the month, Americans back to work. We need to do done everything they can to pass cap but we need 150,000 jobs gained during it in a bipartisan way. We can do it. We and trade, and it has not happened. the month just to keep up with popu- have done it before, and we absolutely I wish to correct some statements lation growth and not have our unem- need to get started, and get started that were made by Members. When the ployment rate increase. So these are now, for the good of the American peo- time comes that I have about 20 min- the facts, and the facts speak for them- ple and the good of our country. utes to do this, I will do that. It will selves. We need to extend the current If I may, I want to close on one short probably have to be later today be- tax rates, we need progrowth tax re- message; that is, as the House works on cause of the clock that is running now. form on a bipartisan basis, and we need a tax measure—as I described today— I yield the floor for my friend to take to get control of our spending. to extend the current tax rates and put his turn. If we look at the latest numbers from us in a situation where we can truly The PRESIDING OFFICER. The Sen- CBO, CBO says without taking those engage in progrowth tax reform, I also ator from Colorado is recognized.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12993 Mr. UDALL of Colorado. Madam rail systems and air traffic control and My second amendment would estab- President, I rise this afternoon in sup- telecommunications networks. A suc- lish permanent faculty positions to port of the bipartisan Cybersecurity cessful attack could bring commerce to train the next generation of military Act of 2012, and I wish to share my con- a halt, our financial markets to their cyber leaders at the U.S. Air Force cerns about the very real cyber threat knees. It could also escalate into a war Academy. facing our country. Most importantly, in cyber space or even a shooting war. My third amendment would require I rise to urge all my colleagues to move To defend against these serious the assessment of the costs and bene- forward to the passage of this pending threats, particularly those that involve fits of building a strategic stockpile of cyber security bill for the good of our national security, there needs to be an extra high voltage transformers. We do national security. Top experts and re- exchange of information between the not produce these highly specialized spected members of both political par- public and the private sectors. Of pieces of equipment domestically, and ties have told us that time is wasting; course, allowing the government and it would take months to replace trans- we must debate and pass this critically industry to share information must be formers damaged by a physical or important piece of legislation. done with sufficient safeguards, so any cyber attack. Cyber security policy is an issue with legislation authorizing such sharing I hope my colleagues will join me in which I am deeply involved, given my needs to strike a balance between pri- passing these commonsense amend- seats on the Senate Intelligence Com- vacy and civil liberties protections. I ments aimed at improving our national mittee and the Senate Armed Services believe the bill’s authors have achieved security. Committee. Moreover, Colorado’s mili- such a balance. This cyber security bill is over 3 tary and defense communities play a I recognize it is often difficult to find years in the making. I find it ironic prominent role in defending our coun- consensus on how to defend our Nation some argue the process has been rushed try, the United States, against cyber from security threats. Sometimes that and we need more time. But I believe attacks. is because we cannot agree on the na- this bill is long overdue and we simply The Air Force Space Command, lo- ture of our vulnerabilities and in what cannot afford not to act. cated at Peterson Air Force Base in priority to address them. Unfortu- As the head of U.S. Cyber Command Colorado Springs, is responsible for nately, sometimes Congress is too po- and the Director of the National Secu- protecting American space-based as- larized to act until after a crisis oc- rity Agency, General Alexander, wrote sets from network intrusions. The U.S. curs. in a letter to Congress this week, ‘‘The Northern Command, also located at But in the case of cyber security, we cyber threat facing the Nation is real Peterson Air Force Base, recently es- already know our Nation’s computer and demands immediate action.’’ tablished a Joint Cyber Center to help networks are increasingly vulnerable. This is coming from the national se- provide on-demand cyber consequence There is widespread agreement about curity official who knows more than response to civil authorities. the severity of the threat. Just last anyone about the cyber threats facing Multiple defense and technology in- month, Defense Secretary Panetta tes- our country. As a member of the Intel- dustry companies based in Colorado tified before Congress that cyber at- ligence Committee, I take his cautions also contribute hardware, software, tacks could ‘‘virtually paralyze this and advice very seriously. The rest of and expertise to the effort to keep our country.’’ The threat is not impending, us should as well. networks and infrastructure secure. it is here. We already know many of As I close, I urge all of us, let’s put Our Federal labs also conduct critical the steps we need to take to mitigate aside partisan ploys and partisan dif- research into cyber security, most no- or prevent these attacks. The only ferences. Let’s work together to amend tably the National Institute of Stand- issue getting in the way is politics. and pass this vitally important cyber ards and Technology, otherwise known Frankly, Coloradans are tired of this. security bill. as NIST, which is located in Boulder. They want us to reason together and I yield the floor. They play a key role in helping estab- solve our most vexing national chal- The PRESIDING OFFICER. The Sen- lish cyber security standards. lenges. ator from Oklahoma. The threats posed by cyber attacks The Cybersecurity Act of 2012 is not Mr. INHOFE. Madam President, I un- have long been recognized, but we in overly intrusive. It has been scaled derstand the floor time is pretty much the Congress have yet to act upon back to a voluntary system of indus- used up between now and 6:30. I have these threats in a comprehensive way. try-driven security standards for crit- made inquiries. I understand I will It is as if we see the danger in front of ical infrastructure. The bill’s authors have time at 6:30 for 25 minutes. I ask us, but yet we cannot find the courage have offered a further amendment to unanimous consent that I be recog- to face it. But Congress cannot afford address some of the remaining con- nized at 6:30 for 25 minutes. to wait for a 9/11-sized attack in order cerns of the bill’s opponents. As much The PRESIDING OFFICER. Without to act. Waiting for a catastrophic act— as the bill’s authors have compromised objection, it is so ordered. something military and intelligence and worked with groups and businesses Mr. INHOFE. I understand the next leaders and a bipartisan collection of from across the policy spectrum, one speakers are in the cloakroom at this national security experts are warning would think they would get more in re- time. I suggest the absence of a us against—is the exact opposite of turn from the Republicans than a de- quorum. leadership and the exact opposite of mand to vote on the repeal of health The PRESIDING OFFICER. The what our constituents expect us to do. care reform. But that is where the de- clerk will call the roll. This debate, to me, has seemingly, bate stands, and it is not a proud mo- The bill clerk proceeded to call the unfortunately, unraveled into an anti- ment for our Chamber. roll. quated argument about the public sec- The cyber security bill before us may Mr. LEAHY. Madam President, I ask tor versus the private sector. We cannot be perfect. In fact, I have offered unanimous consent that the order for not let old ways of thinking bog us three amendments that I believe make the quorum call be rescinded. down. This is a threat that can only be this an even stronger bill. The PRESIDING OFFICER. Without addressed by both the public and pri- The first would require the adminis- objection, it is so ordered. vate sectors working together. tration to provide a detailed plan on VIOLENCE AGAINST WOMEN REAUTHORIZATION The private sector owns 85 percent of how it would develop a highly trained, ACT our Nation’s critical infrastructure, robust Federal cyber security work- Mr. LEAHY. Madam President, more which is itself heavily dependent on force. A stronger Federal workforce than eight months ago, Senator CRAPO computer networks. A successful at- will not only better protect govern- and I, two Senators from very different tack on our critical infrastructure ment assets, but these individuals will parts of the country with very different could result in disabled power grids, re- go on to fill critical roles protecting political perspectives, joined together fineries, and nuclear plants, disrupted cyber assets in the private sector. to introduce the Leahy-Crapo Violence

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12994 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 Against Women Reauthorization Act of Speaker can waive the technicality and ator CRAPO and I, two Senators of dif- 2011. We put aside our political dif- allow the House to vote on the Senate ferent political philosophies, came to- ferences, listened to the law enforce- bill at any time. He is choosing to hold gether when we started this process so ment and victim services professionals, up this bill, and those efforts must many months ago, we came together to and drafted a bill that put victims stop. focus on the victims but also to make first. Since the Senate bill passed, I have good on our promise to stop domestic It has been more than 3 months since been consistently calling for House ac- and sexual violence in all its forms an overwhelming majority of the Sen- tion on the legislation. Earlier this against all victims. ate joined us in our bipartisan effort to summer, Senator MURKOWSKI and I I have said so many times on this pass the Violence Against Women Re- wrote a bipartisan letter to Speaker floor, this matter is deeply personal. I authorization Act of 2011 with 68 votes, BOEHNER, urging him to allow an up-or- went to a lot of these crime scenes as more than two-thirds of this body, in- down vote. Two weeks ago, five House a young prosecutor, a young prosecutor cluding every woman Senator, Repub- Republicans followed suit, calling on with a young family. I would see a vic- lican and Democratic. In doing so, the Speaker BOEHNER and Majority Leader tim of violence, sometimes a bloodied Senate sent a very clear message. We CANTOR to take up the Senate-passed and barely conscious victim being said stopping domestic and sexual vio- bill to resolve the ‘‘blue slip’’ problem. taken in an ambulance to the hos- lence is a national priority, and we are And yesterday Republican Representa- pital—but sometimes seeing a bloody going to stand together, Republicans tives BIGGERT and DOLD again urged corpse on the floor and then we would and Democrats alike, to protect all vic- the House to work with the Senate to find out, as we unraveled the case, that tims from these devastating crimes— get this vital legislation signed into we could have intervened and stopped all victims. It was very clear. If you law. this death if we had only had the tools. are a victim of domestic and sexual vi- But if the Speaker and the Repub- Well, now those early detection and olence, we are passing laws to help pro- lican leadership in the House insist on intervention tools exist and we can tect you, no matter who you are or ignoring victims and the voices of the stop this violence. Those tools, critical where you live in this country. professionals in the field, and those in resources to reduce domestic violence Having sent such a strong bipartisan their own party, and continue to delay homicide, are in the Senate-passed message from this body, I was—I don’t this crucial legislation on a techni- VAWA bill but they will not become know whether to say bewildered or cality, a technicality which has been law unless we act to pass this legisla- shocked to see the House Republican waived over and over and over again tion now. leadership abandon the bipartisan ap- since I have been in the Senate, I think What I also learned is that the police proach that was so successful in the the Senate should once again lead by officers who came to help investigate Senate. Instead of allowing a vote on example. and help get the perpetrator, they the Senate-passed bipartisan bill that We can solve this problem tonight— never asked: Was this victim a Repub- has the support of more than 1,000 na- tonight, within the next few hours. If lican or Democrat, rich or poor, white tional, state, and local victim service the Senate Republican leadership or black, gay or straight, Native Amer- organizations, they insisted on crafting wants to get VAWA, the Violence ican or immigrant. They just said, as I a new, partisan measure that inten- Against Women Act, done, it can be have said so many times on the floor tionally stripped out protections for done. We could take up a House rev- and the distinguished Presiding Officer, who herself was a prosecutor, has said: some of the most vulnerable victims enue bill, substitute the bipartisan A victim is a victim is a victim. and weakened existing protections for Senate VAWA bill, and send it to the I do not want to just be able to arrest House immediately. others. They refused to allow votes on people after the victim is dead. I want To those who are watching and lis- amendments as we had done here in the programs to stop the person from being tening, this may sound like, what are Senate, choosing to stifle a full and abused in the first place. I want to pro- these legislative moves? What they are honest debate about how to best meet tect victims before they become vic- is a simple thing I have seen done hun- the needs of victims. tims. If there is anything in this coun- This overtly political approach was dreds of times since I have been here. It try that should unite all of us, it would be our way of saying we want to too much even for some in their own should be this, just as it united us be- stop violence against women. We have party. Nearly two dozen House Repub- fore. Let’s send it on to the other body. licans, including the chair of the crime passed a bill that had Republicans and Let’s get it passed. Let’s get it on the victims’ caucus, stood up and voted Democrats come together across the President’s desk, and let’s hope we save against the inadequate and harmful political spectrum. Now we are sending the lives of people. House bill. That opposition was not it to the other body, saying follow our Helping these victims—no matter surprising since a similar provision of- example. who they are—must be our goal. Their fered during the Senate debate was re- Majority Leader REID proposed this lives depend on it, and they are waiting jected by 61 Senators, including nine path forward nearly 2 months ago, but on us. Republicans. he was blocked by the Republican side. I yield the floor. The House Speaker’s recent an- There is no good reason for their objec- The PRESIDING OFFICER. The Sen- nouncement naming as conferees only tion. Just this year, Republican Sen- ator from Connecticut is recognized. Republicans who supported that mis- ators unanimously agreed to a similar Mr. BLUMENTHAL. Madam Presi- guided and deeply partisan effort is procedure in order to overcome blue dent, I am honored to follow the Sen- hardly a step forward. Instead, I wish slip issues with both the transpor- ator from Vermont, who has been such the Republican House leadership would tation bill and the FAA reauthoriza- an extraordinary leader in this area, do what it should have done four tion bill. Let’s be clear about this— and look forward to yielding shortly to months ago—take up, debate, and vote with just a little cooperation from Sen- the Senator from Washington, who has on the bipartisan Senate-passed bill. I ate Republicans, we can move VAWA championed this bill and helped us all have no doubt we could reauthorize now. What I am saying is that just as see the urgency of approving it. this life-saving bill in short order if 68 of us, Republicans and Democrats, In the minutes that I will be talking, they would just allow their members a came together before to pass this bill, and they will be brief minutes, every straightforward vote on the merits. I would urge the Republican leadership minute, two to three women will be- Instead, Speaker BOEHNER continues to join us and stop blocking it from come victims of domestic abuse. Every to hide behind a procedural techni- moving forward. minute that I am standing here, every cality, called a ‘‘blue slip,’’ as an ex- We have only a precious few days left minute that we occupy with debate and cuse to avoid debating the bipartisan in this Congress to get this bill passed. delay on this measure, two to three Senate bill. He acts as if he has no The procedural excuses must stop. Par- people in the United States, the great- choice, but this is nonsense. The tisan politicking must end, just as Sen- est country in the history of the world,

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12995 will become victims of domestic vio- as a whole, to move forward, not back- abuser husbands never filed their pa- lence. ward. perwork. We cannot afford to wait. That is Again, every minute, two to three This should make it perfectly clear why I urge that my colleagues advance women become the victims of domestic to our colleagues in the other Chamber this critical piece of legislation and violence. The consequences of this hor- that their current inaction has a real urge the House of Representatives to rific problem are too high and the costs impact on the lives of women across agree to the Senate version of this bill too dire to stay the course and simply America affected by violence. Where a so we can make this bill more inclusive repeat the inaction we have seen so far. person lives, their immigration status, to include Native Americans and immi- Thousands of victims of domestic vi- or who they love should not determine grants and others who would not be olence are entrusting us with their whether perpetrators of domestic vio- covered by the House version. safety today. We have an obligation to lence are brought to justice. We find ourselves at a crossroads. We them to avoid the gamesmanship, end Last week, the New York Times ran can either strengthen VAWA or we can the gridlock, and move forward with S. an editorial on this bill that gets to the retreat and go back. I say let’s go for- 1925. heart of where we are. It began by say- ward with the philosophy that the Sen- I thank the Chair and yield the floor. ing: ator from Vermont has articulated so The PRESIDING OFFICER. The Sen- House Republicans have to decide which is well as a prosecutor, not to mention ator from Washington is recognized. more important: protecting victims of do- knowing how our police work. We do Mrs. MURRAY. Madam President, I mestic violence or advancing the harsh not ask whether someone is an immi- thank Senator LEAHY and Senator antigay and anti-immigrant sentiments of some of their party’s far right. At the mo- BLUMENTHAL and so many others who grant, what their sexual preference is, ment, harshness is winning. whether they are Native American. We have come to the floor to speak on this The editorial also made the point protect them if they are victims of do- critical issue. that it doesn’t have to be this way. It mestic abuse and violence. That should Today the women of the Senate and pointed out: be our philosophy in the greatest coun- the men who support the Violence try in the history of the world. Against Women Act are on the Senate In May, fifteen Senate Republicans joined with the chamber’s Democratic majority to floor to give Speaker BOEHNER and the There are two protections for bat- approve a strong reauthorization bill. tered immigrant women in VAWA that Republicans another chance to do what It ended with what we all know it are particularly important. The first is right. It is another chance to stop will take to move this bill forward: allows immigrant women married to an the delay. It is another chance to pro- leadership from Congressman BOEHNER. abusive U.S. citizen to apply for legal vide peace of mind to 30 million women The effort that was started in the Sen- status independent of that spouse. The whose protections are at risk, and it is ate last week—an effort that will con- second, which is the U visa, provides another chance to pass the inclusive, tinue for as long as it takes—is a call temporary status to victims who co- bipartisan Senate, Violence Against for the very same—leadership. operate with law enforcement to pros- Women Act bill. It is time for Speaker BOEHNER to The bipartisan Senate bill passed al- ecute their abuser. look beyond ideology and partisan poli- The reauthorization of VAWA is cur- most 100 days ago by a vote of 68 to 31. tics. It is time for him to look at the rently stalled principally because of Fifteen of our Republican colleagues history of a bill that again and again the U Visa provisions in the Senate on the floor—I will repeat that—15 Re- has been supported and expanded by bill, S. 1925. publicans joined us that day, and they Republicans and Democrats and end Let me illustrate the importance of did so because they know the history of the delay because, frankly, it is taking this provision with one story. A woman this bill. They know every time the Vi- a toll. who came to Connecticut from Guate- olence Against Women Act has been re- Every moment the House continues mala fled her native country to escape authorized, it has consistently included to delay is another moment that 30 her abuser and arrived in Connecticut bipartisan provisions to address the million vulnerable women are without in 2005. Her abuser followed her to Con- women who have not been protected. the protections they deserve in this necticut, where he continued to abuse They know domestic violence protec- country. her. He was eventually deported to tions for all women should not be a The women this bill protects have Guatemala on criminal charges, but Democratic or Republican issue. seen their lives destroyed by the cow- she found herself in another abusive re- But here we are back on the Senate ardice of those who claimed to care for lationship. Eventually, she was able to floor urging support today for a bill them. We have a chance now to stand find shelter at a local domestic vio- that should not be controversial. Just for them where others have not. But lence agency. She could not convince as we did last week, just as we are the only way we can help protect these family to sponsor her so she could doing today, and just as we will do in women is to prove that we as a nation apply for legal status. She would have the coming weeks, we will be making have the courage to do so—the courage had nowhere to turn but for a transi- sure this message resonates loudly and to show them that discrimination has tional living program for domestic vio- clearly both in Washington, DC, and no place in our domestic violence laws. lence victims that connected her to a back home in our States because we To do that, we need to pass the Sen- Connecticut legal aid attorney, who are not going to back down—not while ate’s inclusive, bipartisan Violence then enabled her to file for a new visa. there are thousands of women in the Against Women Act. I am happy to report that this con- country who are excluded from the cur- Mrs. BOXER. Will my friend yield for stituent survivor received her new visa rent law. a question? in May of 2012. Because of VAWA, she The numbers are staggering. One in Mrs. MURRAY. Yes. is now safe, and so is her son. three Native Americans will be raped Mrs. BOXER. I have a question, and I This story is repeated countless in their lifetime. Two in five of them want to make sure everyone listening times across Connecticut and the coun- are victims of domestic violence, and to this debate gets what is about to try by women who suffer in silence. they are killed at 10 times the rate of happen. Their undocumented status makes the national average. Is it not true that the Senate passed them particularly vulnerable and pow- Those shocking statistics are not the bipartisan Leahy-Crapo Violence erless to escape their abusive situa- just isolated to one group of women; 25 Against Women Act with well more tions. My constituents tell me—and I to 35 percent in the LGBT community than 60 votes? want to listen to them—that we cannot experience domestic violence in their Mrs. MURRAY. Yes, the Senator afford to compromise those basic pro- relationships. Three in four abused im- from California is correct. tections that are fundamental to migrant women never entered the proc- Mrs. BOXER. Is it not correct that human rights and dignity, and that is ess to obtain legal status, even though the House passed its version and left why I urge this body, and the Congress they are eligible. Why? Because their out 30 million Americans?

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12996 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 Mrs. MURRAY. The Senator from we have done many times in the Sen- Mrs. MURRAY. Madam President, California is correct. In fact, those 30 ate, to just by unanimous consent send the Senator from Iowa has objected. I million Americans would be covered the Speaker back the bill so he can’t just have to say that it is stunning to under the Senate bill. We made sure put a piece of blue paper in front of us me that the Senator has objected to a that Native American women are cov- and say that stands between women simple procedure that we have done ered, and we put in important provi- and the protections we are trying to many times on Transportation bills sions to make sure campus violence is pass for them today. and FAA bills and, sadly, now there is covered, and those provisions have Mrs. BOXER. Finally, I hope, when an inability to provide protections for been left out of the House bill. my friend makes the unanimous con- the women we have been talking about. Mrs. BOXER. Yes. And the immi- sent request, to take the very same The PRESIDING OFFICER. The Sen- grant women, as the Senator has dis- text of the Violence Against Women ator from Iowa. cussed, which Senator BLUMENTHAL Act, which passed this body with well Mr. GRASSLEY. Madam President, I pointed out, are the most vulnerable over 60 votes, and put it into a bill that am going to make a unanimous con- because they are so afraid of their sta- would overcome the technical problem sent request dealing with the same sub- tus, they are very scared to report that and enable us to send it back to the ject. someone is raping them, beating them, House. It is my strong hope that the Before I do that, I am astounded that or harming them every single day; is Republican leadership will not object. it took 100 days for the majority to de- that correct? If they do, let the whole country under- cide that the bill they wanted to send Mrs. MURRAY. The Senator from stand what they are objecting to: a way to the House would be blue-slipped be- California is absolutely correct. We to fix this technical problem so that cause they kept saying it really wasn’t cannot even imagine what it is like to Speaker BOEHNER and the Republicans subject to a blue slip. Obviously, the have somebody hold that kind of power can pass the Senate bipartisan Vio- Constitution gives the House of Rep- over you and use it to beat you day in lence Against Women Act and include resentatives the power to make that and day out. We cover those women in the 30 million people who have been decision, and they made the decision this bill so that they have the protec- left out. that the fee in this bill would keep it tions they ought to have as human I thank my friend for yielding. from being accepted by the House of Mrs. MURRAY. I thank the Senator beings. Representatives. Mrs. BOXER. Isn’t it fair to say that from California and say that she is ab- They have obviously overcome that solutely correct. What I am about to do the 30 million people we cover—which problem. But they have not overcome is to ask consent to do what we have the House leaves out—include college some other problems with the legisla- done on many pieces of legislation, in- students, enhanced protections for tion. My reason for objecting for people cluding the jobs and Transportation them on campus; the LGBT commu- on my side who voted against this bill bills the Senator from California was nity; Native American communities; is because of some unconstitutional able to pass, and the Senate overcame and undocumented immigrants; is that provisions that it contains, and issues that technicality through a motion on correct? that don’t have to be brought up to the floor. guarantee there is adequate legislation Mrs. MURRAY. The Senator is cor- We have done it time and time again for fighting violence against women. rect. on bills like that. It seems to me that By the way, I believe this act, which Mrs. BOXER. As my friend pointed on a bill like this, which is affecting so has been on the books for more than a out, is it not true that when you look many women and their right to protect decade and a half, is going to be carried at rates of violence against these par- themselves and the ability to get help on. So there is not going to be a situa- ticular people in our communities, in their communities, there should not they are higher than the population at be a technicality between them and our tion where, whether or not we go large? passing protections for them in this through this process, there is not going Mrs. MURRAY. The Senator from country. to be legislation protecting women on California is correct. the books. It is just a question whether UNANIMOUS CONSENT REQUEST—H.R. 9 Mrs. BOXER. Isn’t it fair to say that it will be expanded in a way that was Having said that, I ask unanimous the House bill—their version of the Vi- intended to make the bill controversial consent that the Finance Committee olence Against Women Act left out the be discharged from further consider- so, presumably, it could be made a po- most vulnerable people who are the ation of H.R. 9 and the Senate proceed litical issue in an election year. What bothers me about this whole most susceptible to violence? to its consideration; that all after the Mrs. MURRAY. The Senator from process—besides the fact it has taken enacting clause be stricken, and the California is correct. That is why we language of S. 1925, the Violence 100 days to get to the point of offering have work to do, in a bipartisan fash- Against Women Act reauthorization, as it for conference—is it fits into a pat- ion in the Senate, to make sure in this passed in the Senate on April 26 by a tern of doing things at the last minute. country, America, we do not discrimi- vote of 68 to 31, be inserted in lieu We are 2 days away from a recess, and nate against women when it comes to thereof; that the bill, as amended, be this is brought up at this particular violence. read the third time and passed, the mo- time. I have to ask why. Why not Mrs. BOXER. I have two more points, tions to reconsider be laid upon the sometime during the last 100 days? and then I will yield to my friend so table, with no intervening action or de- I also see a pattern of this maneuver she can make the unanimous consent bate, and that any statements related fitting into the maneuvers that have been going on ever since, I believe, the request. to the bill be printed in the RECORD. Isn’t it also true that the excuse The PRESIDING OFFICER. Is there spring break we had in the Senate. Speaker BOEHNER is giving as to why objection? Ever since then—as reported in an arti- he will not take up and pass the bipar- Mr. GRASSLEY. Madam President, cle published in the newspaper we tisan Leahy-Crapo bill, isn’t it true rather than doing the usual thing and know as Politico a couple of months that the excuse is that there is a tech- reserving the right to object, I will ob- ago about a strategy between the nical problem, which he calls a blue ject, and then I would appreciate the White House reelection effort and slip, in the Senate bill? And isn’t it courtesy, before I offer a parallel UC, things that go on in the Senate—we true that my friend today is going to to make my remarks. seem to have a crisis every week. ask unanimous consent to correct that Mrs. MURRAY. Madam President, We came back from the spring break, problem so that we can send this inclu- has the Senator from Iowa objected to and we had the Buffett tax rule. That sive bill over to Speaker BOEHNER? my request? was carried on for a week. Everybody Mrs. MURRAY. The Senator from The PRESIDING OFFICER. Objec- knew that wasn’t going to pass, but we California is correct. It seems to me tion has been heard. The Senator from wasted a whole week on the Buffett tax such a simple procedure to do, which Iowa—— rule.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12997 Then this issue was brought up before Senator from Iowa on behalf of the Re- Congress to put in place the protec- and passed about that time as part of a publican majority and Speaker BOEH- tions they deserve. strategy of having a war on women NER, and, frankly, I have to say it is of- So the ball is in the Speaker’s court come up as an issue. That ended in this fensive to say that the issue of violence now. He is going to have to talk to legislation being passed through the against women is about politics. This women across the country about why Senate but in a way where everybody is about women who are abused, women their protections are at risk because of knew it wasn’t going to get through who are powerless to fight back, and politics. But I want everyone to be the House of Representatives. But it women being able to get the protection clear: We are not going to compromise was a very convenient political issue. they need in this country that has pro- on the issues that are so important to Later on, we had the equal wages for vided protection for a very long time, so many women and throw them under women legislation that came up for to make sure women who are immi- the bus. That is not what we have about a week. Once again, everybody grants, women who live in a tribe, fought for year after year on bipartisan knew that wasn’t going to go anyplace, women who are gay and lesbian, legislation when we passed the Vio- but it was debated in this assembly, women who are on college campuses lence Against Women Act before. It is taking up time from a lot of important get the protection this legislation sup- inclusive, it is bipartisan, and it is issues that ought to be dealt with—the ports. This is not about politics, this is above ideology and partisan games. It economy and creating jobs. We spent a about violence and this country stand- is a bill that makes sure that no mat- week on that. ing up and saying we are going to pro- ter who you are or where you live or Then we spent a week on taxing the tect them. whom you love, you are protected in rich, and everybody knew that wasn’t Make no mistake about it, what the this great country in which we live. going to go anywhere. Republicans are saying is that they Politics has no place in this. I would I think we spent a month on interest want to move this bill to conference so agree with the Senator from Iowa. Who rates on student loans. Everybody they can strip out those provisions. is playing politics? We will leave it up knew there was a bipartisan solution Well, they have crossed a line—a line for those who are watching. What I to that, but nobody wanted to go there that in the history of this nonpolitical, have asked is that the Senate do what until the President had a whole month bipartisan bill has been so deeply im- we have done many times on many of going to university campuses to portant to so many of us. They made bills—move this bill to the House in a blame Republicans for not passing a this bill about politics just now. I find bipartisan way and pass it, and then bill that would keep interest rates low that offensive. on student loans. What they want is to take the Sen- politics won’t matter, women will be Then we spent last week on the DIS- ate’s bipartisan-passed bill, supported covered. CLOSE Act. Everybody knew that by both Republicans and Democrats I hope our Senate colleagues who wasn’t going to go anyplace. here, send it to conference, and then have objected and the Speaker will re- So we have had a whole spring and pick it apart. They want to take it to consider. They can easily pass this bill summer in this body of accomplishing conference so they can have a discus- today or next month, put it in place, nothing because there is a strategy be- sion about which women in this coun- and women in this country can say the tween the White House and the leader- try deserve protection and which do leaders of this country are fighting for ship of the Senate to help this Presi- not. They want to pit one group of them. dent get reelected. And to keep away women against another. This is not a Mr. President, I yield the floor. from issues the people of this country game. It is not politics. And it cer- are concerned about, which are the The PRESIDING OFFICER. The Sen- tainly is not a game I am going to economy and creating jobs and the fact ator from Minnesota. play. The new protections in this bill that this White House and this Senate Mr. FRANKEN. Mr. President, I just have been supported by Republicans aren’t going to do anything to work want to do one thing in terms of re- and Democrats, groups across this through those issues. sponding to Senator GRASSLEY, who is country, and millions of Americans. Here in the Senate it is an issue of a friend. We enjoy a very good relation- They are not bartering chips, and it is politics and not an issue of process. I ship on the Judiciary Committee, and not about politics. think the American people know the we are just friends. But the idea that The objection of the Senator on be- games being played, and they are sick these new provisions in the VAWA bill half of the Republicans raises issues and tired of it. are political just couldn’t be further that really are nothing more than a So I ask unanimous consent that the from the truth. smokescreen. They do not want to be Senate proceed to the consideration of out in front saying they are willing to Let me talk about just one provision. Calendar No. 406, H.R. 4970, the House- discriminate against certain women. It is about women on Indian reserva- passed Violence Against Women Reau- They would rather hide behind these tions who get abused by a partner or a thorization Act; provided further that procedural objections. But I would re- boyfriend or husband who isn’t Native. all after the enacting clause be strick- mind all our colleagues that these pro- And this happens all the time. This en, the text of the Senate-passed vio- cedural objections they are out here provision gave jurisdiction to the lence against women bill, S. 1925, with talking about—the politics—have been tribes to prosecute these individuals. a modification that strikes sections 805 routinely overcome here in the Senate. I am on the Indian Affairs Com- and 810 related to the immigration pro- Just as I said a few minutes ago, the mittee. I talk to tribal leaders all the visions; that the bill be read three transportation and jobs bill we passed time. I go to reservations all the time. times and passed, the Senate insist on a month ago, the blue slip issue was My colleagues have no idea how grate- its amendment, request a conference overcome. The FAA reauthorization ful tribal leaders were and how impor- with the House, and the Chair be au- last year funding our Nation’s air- tant this was. One out of every three thorized to appoint conferees on the ports—overcome. The Food Safety Indian women in this country is raped part of the Senate with a ratio agreed Act—overcome. The Travel Promotion at some time in her life, and by far the to by both leaders. largest majority of that is not by male The PRESIDING OFFICER (Mr. Act. All those had blue slip issues, and all of them were overcome, and there Indians, it is by non-Indians. I can’t WHITEHOUSE). Is there objection? think of anything that is less political. The Senator from Washington. was a reason why—leadership and the Mrs. MURRAY. I object. will to do the right thing. I just can’t. And I ask my colleagues to The PRESIDING OFFICER. Objec- So let me make it abundantly clear. think, to give a second of thought be- tion is heard. This is not about politics. It is about fore they say stuff like that. The Senator from Washington. protecting women in this country. It is It really is, as Senator MURRAY said, Mrs. MURRAY. Mr. President, I lis- about making sure we do what is right offensive to her. I actually found it tened carefully to the passion of the for so many women who are looking to more sad. I find it sad.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 12998 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 THE MEDICARE DIABETES PREVENTION ACT OF That is why the Federal Government My heart goes out to the families of 2012 should also invest in this cost-saving those who perished that day and also to Mr. President, I came to the floor to program for seniors. Nearly one-third their loved ones and their friends and talk about diabetes. And the Presiding of Medicare beneficiaries had diabetes also to the survivors who are still re- Officer has been such a champion in in 2010. The Diabetes Prevention Pro- covering in so many different ways. talking about the money that can be gram costs about $300 per participant, I urge my colleagues not to forget saved in our health care system by the as compared to more than $6,000 a year that day. We need to invest in our in- prevention of chronic disease. in added health care costs for someone frastructure to make sure this doesn’t The burden of chronic disease in our with type 2 diabetes. There is no ques- happen again. country is staggering. Chronic disease tion that by preventing diabetes, we Mr. President, I yield the floor. affects half of all American adults, and can all save money while keeping our The PRESIDING OFFICER. The Sen- 7 out of 10 deaths each year are due to seniors healthier. ator from New York. chronic disease. If current trends con- That is why I introduced legislation Mr. SCHUMER. Mr. President, I tinue, by the year 2020, 52 percent of yesterday with my friends, Senators thank the Senator from Minnesota for American adults will either have type 2 LUGAR, ROCKEFELLER, COLLINS, and his great remarks. He really does care diabetes or elevated glucose levels, SHAHEEN, to allow Medicare to cover about Minnesota. It is a nice State. known as prediabetes, and diabetes can the National Diabetes Prevention Pro- IRAN SANCTIONS often lead to other chronic diseases, gram. We are doing this to help our Mr. President, in a few hours the Iran such as heart disease. seniors enjoy their golden years while sanctions bill is likely to pass both the But as grim as these statistics are for staying as healthy as possible. We are House and the Senate. That is very our country, we also have some of the also doing it because it is the fiscally good news because when it comes to best health care researchers in the responsible thing to do. That is why Iran, time’s a wastin’. We need to world. A few years ago, the Centers for the American Diabetes Association, ratchet up the pressure. And this is a Disease Control and Prevention, the the American Heart Association, the powerful package that will paralyze CDC, conducted a pilot program called American Public Health Association, the Iranian economy. It tightens the the Diabetes Prevention Program in and the American Council on Aging screws tighter, tighter, tighter, so that two cities: St. Paul, MN, and Indianap- have all endorsed this legislation. The the Iranians will have no choice but to olis, IN. This program, which was ad- National Association of Chronic Dis- see their economy basically in des- ministered by the YMCA, is a program perate shape if they continue to pursue ease Directors, the National Associa- focusing on 16 weeks of nutritional obtaining a nuclear weapon. tion of State Long-Term Care Ombuds- training, eating healthy, and physical I thank my colleague, Chairman man Programs, and the YMCA of the activity. It costs about $300 per partici- JOHNSON of the Banking Committee, pant. The results of this pilot were ex- USA have also endorsed the bill, as who has put so much time and effort traordinary. Among adults with have 79 State and local organizations. into the Iran sanctions bill and done We know a really good way to pre- prediabetes—who are at the highest such a great job. vent type 2 diabetes, and we know how risk for developing type 2 diabetes—the I thank Ranking Member SHELBY. We to do it while saving the Federal Gov- program reduced chances that a partic- go to the gym in the Senate at about ipant would be diagnosed with diabetes ernment billions of dollars. In fact, we the same time early in the morning, by 58 percent. For adults over the age know doing it will save the Federal and we have talked about this bill re- of 60, it reduced the likelihood of being Government billions of dollars. peatedly. I know how much he cares Let’s all here work together to pre- diagnosed with type 2 diabetes by 71 about it. vent chronic disease in our country. I percent. I thank my colleague from New Jer- urge the Presiding Officer and my col- That is why Senator LUGAR and I in- sey, whom I have worked with on this troduced legislation in 2009 to author- leagues on both sides of the aisle to issue long and hard and who has taken ize the National Diabetes Prevention join me in guaranteeing that every sen- a great leadership role. Senator Program as a grant program through ior has access to the Diabetes Preven- MENENDEZ has been relentless in push- the CDC. This bill was passed as part of tion Program when they need it. ing this bill, and the many of us who the health care law and is helping com- I–35W BRIDGE COLLAPSE wish not to see a nuclear Iran owe Sen- munity-based organizations such as the Mr. FRANKEN. Mr. President, I ator MENENDEZ a great deal of thanks. YMCA administer the program across would like to take a moment to recog- I thank my friend Senator KIRK, who, the country. No one can participate in nize that today is the fifth anniversary even though he is not physically this program if it is not available, of a tragedy in my home State—the present in the Chamber, has made this which is why we needed the CDC to collapse of the I–35W bridge in Min- his highest priority. We have worked help expand the program and scale it neapolis. The collapse killed 13 people together on this issue a long time, and up. Thanks to their work and to our and injured 145 others. That collapse we continue to wish him a speedy re- provisions in the Affordable Care Act, was a shock to Minnesotans and to the covery. the YMCA is now offering the Diabetes country. How could a bridge on our I believe that when it comes to Iran, Prevention Program at more than 300 Interstate Highway System collapse? It of course, we should never take the sites in 30 States. underscores the importance, of course, military option off the table, but I be- But we also need health insurers to of investing in our infrastructure. We lieve—as almost everyone in this pay for the program to make sure ev- did move quickly to replace the Chamber believes, our President be- eryone who needs it can get it. We bridge—and it is a beautiful bridge— lieves, Prime Minister Netanyahu be- know that when eligible adults partici- thanks to the leadership of Senator lieves, and most Israelis believe—that pate in the program, it saves everyone KLOBUCHAR and others. economic sanctions are the preferred money. In fact, the CEO of United I wish to say a few words about the way to choke Iran’s nuclear ambitions. Healthcare told me that they will response by the people and the first re- If we can achieve sanctions and Iran cover this. Why? Because they save $4 sponders in Minneapolis and the metro- truly backs off, not with a feint but in for every $1 they invest in the program politan area. It was amazing. All the reality, by meeting the three standards because their beneficiaries are first responders had interoperable radio that both President Obama and Prime healthier. And the Urban Institute es- signals. People in Minneapolis ran to Minister Netanyahu have set—turning timated that implementing community the bridge to help. People did heroic over any 20-percent enriched uranium, programs such as the Diabetes Preven- things. I am very proud of Minnesota. I stop producing any 20-percent enriched tion Program could save $191 billion am proud of Mayor Rybak and the re- uranium, and destroying the new facil- nationally, with 75 percent of the sav- sponse of other first responders in the ity at Qom—then we will have achieved ings—more than $142 billion—going to metropolitan area. I am so proud to great victory. So we have to move for- Medicare and Medicaid Programs. represent Minnesota. ward.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 12999 Earlier this year a group of bipar- transactions in the United States in- which is so vital to those men and tisan Senators—I was proud to be volving Syrian leaders involved in the women in uniform. It would make crit- amongst them—led by Senator LIEBER- crackdown on protesters. ical changes to the Servicemembers MAN called on the European Union to If the Syrian Government, which in Civil Relief Act that could improve the exert more pressure on Iran by impos- many respects operates as a client quality of life for members of the ing an oil embargo on this rogue re- state for the rogue Iranian regime, will Armed Forces. gime. Our European partners have done not willingly change its brutal ap- My bill first would strengthen hous- just that, and their oil boycott is work- proach and continues to violate the ing and lending rights for servicemem- ing. That, too, is furthering to ratchet human rights of those seeking to exer- bers. Right now, a bank cannot fore- the pressure on Iran’s nuclear program. cise their voices, then we have to do close upon servicemembers while they Last November the report on Iran’s everything we can to send the strong- are serving overseas until it gets a nuclear program by the IAEA was its est message possible to that nation’s court order. Yet the bank has no real most alarming yet. It proved beyond a leadership that this behavior is beyond obligation to actually investigate shadow of a doubt that Iran is devel- the pale and not without consequences. whether a homeowner is on active duty oping a nuclear weapon. And according In conclusion, I believe my col- overseas. My bill would require lenders to published reports, they could have leagues Chairman JOHNSON, ranking who want to foreclose on a home to at least one workable weapon in less member SHELBY, Senator MENENDEZ, conduct a meaningful investigation than a year and another in 6 months and Senator KIRK, have done an excel- into a borrower’s military status. It after that. So we don’t have much lent job crafting a comprehensive plan would increase civil penalties for vio- time, and ratcheting up the economic to arm the administration with the lating a servicemember’s rights as a pressure is imperative. We cannot daw- tools it needs to put a stop to Iran’s homeowner. dle. We cannot sit around and say: nuclear program. I urge my colleagues The bill also would strengthen en- Let’s wait 6 months and see if the ex- to unanimously support the Iran forcement for the Uniformed and Over- isting sanctions are working. We have Threat Reduction and Syria Human seas Citizens Absentee Voting Act, to to ratchet up that pressure so that Iran Rights Act of 2012. make sure servicemembers’ votes are sees that it is not in its interests eco- I yield the floor. counted. It would create a nationwide nomically, politically, militarily even, The PRESIDING OFFICER. The Sen- standard for getting absentee ballots to to pursue the path they have thus far ator from Ohio. overseas servicemembers in a timely chosen. The IAEA report details a Mr. BROWN of Ohio. Mr. President, I fashion. highly organized program dedicated to ask unanimous consent to speak as in Finally, it would make sure service- acquiring the skills necessary to morning business for up to 10 minutes. members can return to their jobs after produce and test a nuclear bomb. And The PRESIDING OFFICER. Without they have completed their military earlier this year DNI Director Clapper objection, it is so ordered. service with the seniority and pay rate told the Senate Intelligence Com- SERVICEMEMBERS’ PROTECTION ACT they would have earned if they re- mittee that Iran’s leaders even seem Mr. BROWN of Ohio. Mr. President, I mained continuously employed by the prepared to attack U.S. interests over- rise today because servicemembers who civilian employer. seas. So we know Iran is on the path to risk their lives protecting our Nation We know the Guard and Reserve who continued evil. should not have to ever worry about are called up leave their civilian jobs Just last week a suspected suicide predatory banking practices. They and too often come home to the uncer- bomber killed 6 people and wounded 30 should not have to worry about wheth- tainty of, What happens when I arrive aboard an Israeli tourist bus in a coast- er they can vote absentee while serving home? Members of the Guard should al town in Bulgaria. Israel believes— abroad. While they are fighting our Na- not have to worry about whether they and I tend to agree with them—that tion’s foes, they should not have to will return home to the same job and Hezbollah and Iran are to blame. Many worry about fighting a foreclosure. the correct pay rate. questions remain about the bomb, but When they are serving our country, As citizens of a grateful Nation, we many Western counterterrorist offi- they should not have to worry if their have a responsibility to do something— cials share the suspicions that Israel civilian job, if they are Guard or Re- more than something to protect serv- and I, frankly, both have. serve, will be available when they re- icemembers’ rights as they sacrifice to By giving our government the capa- turn. keep our country safe. That is why I bility to impose even more crippling Unfortunately, too many do worry urge my colleagues to stand up for our sanctions on Iran should they continue about that. Last week I joined the At- servicemembers. It is time we serve with their nuclear weapons program, torney General of the United States at those who served us. the House and the Senate are putting Wright-Patterson Air Force base near Mr. President, I suggest the absence forth a tough, smart plan to ratchet it Dayton, OH, and spoke with men and of a quorum. up and prevent, hopefully, God willing, women who serve our country, airmen The PRESIDING OFFICER. The the very real threat Iran poses to the and airwomen. Also around that time I clerk will call the roll. United States and our allies, particu- spoke to some Guard and Reserve, The assistant legislative clerk pro- larly Israel. members of the Guard and Reserve who ceeded to call the roll. I am not going to go over what the serve our country, about some of these The PRESIDING OFFICER (Mr. bill does. That has been talked about. fraudulent practices. When they are BROWN of Ohio). The Senator from But I want to mention one other part overseas, some of them do not know Alaska. of the bill before I sit down. I am really when they return if they are going to Ms. MURKOWSKI. Mr. President, I happy and grateful to Chairman JOHN- still have their job. They don’t know ask unanimous consent that the pro- SON that the measure before us will what happens to them when they go ceedings under the quorum call be re- also include language adopted from the back to school if they are enrolled in a scinded. Syrian Human Rights Accountability university, private or public, 2-year or The PRESIDING OFFICER. Without Act. That is legislation I cointroduced 4-year. They don’t know what happens objection, it is so ordered. this year with my friend and colleague sometimes with their families in fore- ALASKA INTERNS from New York, Senator GILLIBRAND. closure or facing financial fraud. Ms. MURKOWSKI. Mr. President, I The legislation would require the ad- We know that employment is critical am delighted to have a fine group of ministration to identify violators of for servicemembers and military fami- young Alaskans with me—not only human rights in Syria, it would call for lies. So is housing. So is protecting here on the floor, but in my office for reform and protection of the prodemoc- their ability to cast a ballot. That is four weeks, and I thank them for their racy demonstrators, and it would also why I am sponsoring legislation, the help in Washington and really for all of block any financial aid and property Servicemembers’ Protection Act, Alaska. They have been back here for a

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13000 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 month and have done a great job. It is we want to understand and know a lit- roofs in this photograph. Again, this is always a true delight to have good, tle bit more. what we can see because it is above the high energy young people from back This past June, I joined the U.S. water. home to help me in the work we do Coast Guard to see for myself what was So one of the real questions we need here. I am so pleased they are with me. washing up on some of Alaska’s remote to ask is, What is below the water? TSUNAMI DEBRIS shorelines and our beaches. We flew out What is just below the surface that we Mr. President, I rise today to discuss of Cordova, AK. We went to Kayak Is- can’t see? an issue that people back home are land. Kayak sticks out from the coast- A couple of weeks ago, I met with talking about a lot. We are discussing line at an angle that allows it to col- some representatives from the Yakutat the Federal Government’s need to plan lect an incredible amount of marine de- Tlingit Tribe from Yakutat, AK. Yak- for the increasing level of marine debris on just an average year. So the utat is in the northern part of the Alas- bris that is hitting the Pacific coast- reason to go to Kayak was to see what ka panhandle, on the eastern side of line, whether it is out in Hawaii or all might be there other than the typical the Gulf of Alaska. It is a very remote the way up north in Alaska. This debris marine debris, unusual things like community. It is only accessible by air is coming from the earthquake and tsu- nets, ropes, and buoys. We saw real evi- or by boat. The closest community is nami that struck Japan last March. dence of what is coming our way from hundreds of miles away and, Yakutat is This is a subject of great discussion the tsunami. We saw colored buoys. We surrounded by National Park Service and debate for folks who are out fish- saw large Styrofoam blocks. There was and Forest Service lands. ing or walking our beaches. a large container that had washed up So this community—the tribe, city, We all know that tragic event very recently. borough—is meeting weekly to assess claimed nearly 16,000 lives and de- We have a picture from NOAA that the debris that is coming up on their stroyed community infrastructure, shows some of what we saw washed up beaches, and they are trying to put to- homes, and livelihoods. Our prayers there on Kayak Island. These are all gether a response. They have done continue for the ones we have lost and the plastic buoys. The black ones, we some cleanup along 15 miles of area those who have lost their loved ones. were told, are what we see more of beaches. As horrifying as these natural disas- coming out of Japan. One beautiful beach is called Cannon ters were, the Earth only shook any- Now, you may wonder, have we been Beach. It has black sand. It is abso- where from 3 to 5 minutes, and the tsu- clearly able to identify whether these lutely gorgeous. I visited it in March, nami rushed to the shore and then re- items came from Japan or if this was and now we are seeing the Styrofoam, ceded. But the devastation to property the usual marine debris? NOAA is housing foam, and buoys coming up on and coastlines continues as debris has working to sort all of that out, but it and the other beaches near Yakutat. moved from the shores of Japan over a there are signs that give us somewhat The community estimates that they year and a half later and we begin to of an idea of whether what we saw out have about 600 pounds of marine debris see the debris pile up on our shores there on Kayak Island was typical ma- per mile. The borough has 1,074 miles of over here. rine debris or not. coastline, so this small village commu- The Japanese Government has esti- Many saw pictures of this huge dock nity is looking at the possibility of mated that about 5 million tons of de- that recently arrived on the coastline 3,000 tons of debris. bris were carried into the ocean. We in Oregon. Just look at the size here This next picture is actually from have assumed that the majority of that and think: this concrete dock had flo- Yakutat. This details another problem either sank or will sink. There is no tations on either end and traveled all that our coastal communities are fac- concrete idea of how much is still the way across the Pacific literally in ing. What do we do with this marine floating or when the bulk of it will one huge slab up onto the Oregon debris? Our landfills, particularly in reach our beaches, but in Alaska we beach. I think when folks looked at southeastern Alaska, are maxed out or know it has been arriving. that picture, their word was, Wow. close to being maxed out. This landfill We saw the first evidence of it last Again, for those who are navigators space that is already filling up could winter, and it arrived ahead of the pro- and fishermen, if they run across some- very quickly be overwhelmed by tsu- jected timelines. It is understandable thing like this in the water it is real nami debris. And not only are my resi- that we were not able to anticipate ex- evidence of why we need to be con- dents working to clean up beaches with actly when the tsunami debris would cerned. limited landfills, often they are in very start arriving, but now that we are This next photo is from somewhere in rugged and very remote locations, starting to see it along the shoreline the Pacific. This shows the objects that many with no road to access. Some- there is no doubt we need to respond. are creating, again, a hazard to naviga- times they can’t land a vessel or a boat Last January, in trying to get ahead tion. These same materials are going on the shoreline because it is just too of the curve, if you will, I held a round- to end up somewhere on a shoreline, dangerous. So how do we access this table in Anchorage to find out what whether it is on our beaches or in our debris? That is a challenge. our State and Federal agencies were ports. Think about the impact this It is also costly, and we are faced doing to prepare for the debris we knew may have on sensitive habitats, mak- with the question of what do we do would be coming to our shores, how the ing them unusable, possibly deadly for with the debris we have collected? interagency work was being coordi- certain marine animals, such as shore Yakutat is exploring some pretty nated, and how individuals could report birds and other species that may rely creative solutions and alternative dis- sightings and navigational issues. on them. posal solutions. Yakutat is one of those I think I have mentioned on this I think what is important to recog- communities that has extremely high floor that I have two sons out on a fish- nize from these three pictures I have energy costs. If my memory serves me, ing vessel in the Gulf of Alaska. As just shown is that we are seeing now I believe they pay in excess of 50 cents they cross the gulf, I wonder if they the debris that is floating on top or at a kilowatt hour for their energy. So will encounter debris from the tsu- least partly on top of the water. We are when they are dealing with challenges nami? seeing it coming to U.S. shorelines ear- and problems, they try to find solu- We saw at one point in time a Japa- lier than anticipated because in additions that help with their high cost of nese vessel that was literally a ghost tion to being carried by the currents energy. ship, a relic from that tsunami. The from the ocean, this debris is being What Yakutat is looking at now is Coast Guard took that vessel out of the moved along by the wind. whether there is the potential for any navigation channels. Alaskans and peo- What we are seeing in Alaska pri- waste-to-energy technologies that ple who live on the coast are very marily are those buoys that sit up could deal with two problems: clean up aware when there is stuff out in the clear out of the water. You can also see debris and support long-term efforts to water unchartered and unknown, and fishing boats, building materials, and deal with the high cost of energy. It is

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13001 kind of a two-for-one. They are trying for many of us here in Washington, DC, the-shelf technology. It may help turn to figure out how they can turn this to think about winter storms. We are much of the debris that is hitting our problem into an energy source, and in enjoying some pretty warm weather coastline into fuel. The device—I called this way they can support long-term here. But we need to recognize and it a gizmo but I know there is a much community marine debris cleanup ef- think about what winter weather in more technical term for it—processes forts. This would be a creative solution Alaska will mean for accumulating de- plastics into fuel with the capacity to for this small remote community, bris. We have a lot of areas being im- produce as much as 2,400 gallons per largely on their own and facing truck- pacted by tsunami debris that have al- day. With fuel at over $6 a gallon in loads of debris. ready had huge tide swings. If we add Yakutat, people are looking at this and Now the State of Alaska has engaged that to a winter storm in areas with saying, We can actually take some of in tsunami debris coordination, and I beaches, some of the debris we see will the waste, the garbage, the debris, the am told the Alaskan region representa- be buried deep by the sand, and will plastic, and turn that into fuel so we tives of various Federal agencies are as only be uncovered when snow melts. don’t have to pay 6 bucks a gallon to well, but headquarters of agencies However even during the spring, ac- fill up a four-wheeler, truck, or boat. across the Federal Government really cessing the coastline can be chal- Given the tight budgets across the need to be part of the plan and engage lenging due to breakup conditions. We country, again, I think we need to be creatively to address this accumu- have extreme tides and, of course, the creative. We need to identify and de- lating debris. weather will also move the debris up ploy all available resources and share I don’t have my typical Alaska map into the tree line, making access and information. We need to leverage local here that I usually use when I speak, removal even more difficult. knowledge and our coastal residents’ but my State has an incredible coast- This last picture will give my col- proximity to the debris, as well as line—more coastline than the rest of leagues some indication of what I am their vested interest in the cleanup ef- the country put together—and we de- talking about when we think about the forts. pend on our marine sources for liveli- Alaska coastline. This is in a part of Our Federal agencies have regional hood and recreation. We value a the State called Montague Island. With staff and they have facility resources. healthy coastline to support a resilient good high tides and the weather we get, Many run programs that are consistent marine environment. Our fisheries, our downed trees are part of the ocean ac- with the objectives of tsunami debris tourism, and our coastal communities cumulation on the shore. You can see response and mitigation. For those who are so dependent on a strong and sus- tucked among the trees, kind of sprin- would suggest, Well, if it has come up tainable region. kled like confetti, some of the on your shore, it is your responsibility; So, think about this from the tour- Styrofoam that has washed up. Again, there is no Federal role here; it is up to ism perspective. When somebody is this is marine debris we are seeing. the States to figure this out, I would paying thousands of dollars to come up Think about how difficult it will be to remind them that in my State, much of to Alaska to visit remote, wild areas, access some of this after winter our land is owned by the Federal Gov- they are certainly going to be dis- storms. ernment. This picture here is of Mon- appointed if they are greeted by a Where debris lands on rough and tague Island. Montague Island is en- beach full of Styrofoam or pass by the rocky shorelines, wave action is ex- tirely within the Chugach National many debris fields that are accumu- pected to break it up. We know that Forest. And, in fact, over 60 percent of lating. happens, and I am concerned about our my State is owned by the Federal Gov- Communities up and down the coast- marine life, birds and animals con- ernment, so clearly the Federal Gov- line need assurance that the head- suming smaller plastic particles that ernment has a role to play in cleaning quarters of various agencies are going have been broken down by this wave up the debris. to be part of the cleanup plan. In the action. A piece of Styrofoam that is We also can’t forget about the pri- aftermath of Hurricane Katrina, FEMA easy to pick up today because it is rea- vate interests in cleanup. Many indus- compiled a document denoting the de- sonably good-sized is going to be much tries and private citizens are dependent bris removal authorities of Federal more difficult to clean up when it has on our navigable waterways and agencies. That document outlined that been broken down by wave action. So, healthy ecosystems. We need good the Departments of Agriculture, Com- again, all of this argues for prompt ac- communication, leadership, and a plan merce, Defense, Homeland Security, tion. to guide an interagency and public-pri- and Transportation all had a role to Maybe the best we can do for now is vate approach to solve this challenge play in debris removal. pick up the debris and store it some- during what we all acknowledge are So for this reason—and using this where. But as we saw looking at the difficult fiscal times. I commend the federal memorandum as an example—I Yakutat picture, storing it in a landfill NOAA marine debris program for their have asked the White House to estab- in most of these communities is prob- coordination and response to this lish and lead an interagency task force ably not going to be feasible. Bailing work, but the fact is they are a small to plan for tsunami debris. We also technology could be available to Alas- and an overtasked program. They need need to engage the relevant States, ka communities for about $10,000, and the help of their Federal partners to tribes, local governments, and inter- these machines would at least support address this as a national priority. national partners by inviting them to the voluntary cleanup efforts and pro- I encourage my colleagues to join me participate in this task force. We all vide a means to store the debris rather in recognizing that marine debris is a need to work together. We cannot leave than force strained landfills to absorb national problem as well as a priority, a little community like Yakutat and the incoming debris. I throw this out and a comprehensive response to tsu- say: Clean up your section of the coast- because I think it is important that we nami debris that we are seeing on our line. get creative about this. We need to be shoreline in Alaska and other Pacific I know private and government Japa- exploring all available technologies to States, in addition to Hawaii, is past nese representatives have expressed in- support the most efficient means to due. terest in helping with the debris prob- handle this tsunami debris and other With that, Mr. President, I yield the lem. The ability for Japan to offer ex- marine debris for the long run. perience and technology with waste-to- Every year I attend an annual alter- floor. energy devices could provide a great native energy fair. It is held in the in- The PRESIDING OFFICER. The Sen- opportunity for the U.S., Japan and terior part of the State at Chena Hot ator from Iowa. public partnerships to come together Springs. We always learn something CYBER SECURITY and address the debris. good and new at this energy fair. Last Mr. GRASSLEY. Mr. President, over There are many reasons we need to year, when I was there, I saw a device the last few days we have been lectured act now. It is a difficult time of year that is actually in production. It is on- numerous times that we must protect

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13002 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 cyber critical infrastructure; other- step backward from other information- words on the 212 pages of the bill are wise, our country is in jeopardy. Every- sharing proposals. This includes the what must be analyzed, and analyzed body agrees with that statement. En- bill I have cosponsored, the SECURE in detail. hancing cyber security is important to IT bill. The bill before us places the De- In fact, no one, except a handful of our national security. I support efforts partment of Homeland Security in the Senators, actually knows what the bill to strengthen our Nation against crit- role of gatekeeper of cyber threat in- says or might say. And, of course, that ical cyber attacks. formation. The bill calls for the De- is a process that debate in the U.S. However, I take issue with those who partment of Homeland Security to Senate accomplishes or at least tries to have come to the floor and argued that share the information in ‘‘as close to accomplish. those who don’t support this bill are real time as possible’’ with other agen- We need full process and, unfortu- against strengthening our Nation’s cies. However, this surely will create a nately, that has not happened, and it cyber security. Disagreements over bottleneck for information coming into does not look as if it will happen. Why how to address policy matters the government. won’t it happen? Because the majority shouldn’t evolve into accusations Further, title VII includes restric- leader has limited debate. This week about a Member’s willingness to tackle tions on what types of information can we were told that a group of Senators tough issues. The debate over cyber se- be shared, limiting the use of it for and their staff were working on a com- curity legislation has turned from a criminal prosecution, except those that promise. substantive analysis of the merits into cause imminent harm. Again, that is something all of us as a political blame game as to which side This is exactly the type of restriction a body do not know much about. We supports defending our Nation more. If on information sharing that the 9/11 need an open debate in order to process we want to tackle big issues such as Commission warned us about. In fact, this, as opposed to huddled, backroom cyber security, we need to rise above the 9/11 Commission said, ‘‘the [wall] meetings. I do not think this is the way we are disagreements and work in a construc- resulted in far less information sharing supposed to legislate. The people who tive manner. Disagreements over pol- and coordination.’’ The 9/11 Commis- elected us expect more. They expect icy should be openly and freely de- sion further added, ‘‘the removal of the transparency because they know when bated. wall that existed before 9/11 between you get transparency, you have ac- Unfortunately, this isn’t how the de- intelligence and law enforcement has countability. bate on cyber security proceeded. In- opened up new opportunities for coop- How many Senators are prepared to stead, before a real debate began, the erative action.’’ vote on something this important majority leader cut that debate off. As Why would we even consider legisla- without knowing its impact because we the discussion of cyber security began tion that could rebuild these walls that have not followed regular order? Are on the floor this week, Senators stated threaten our national security? How we to once again pass a bill so that the that a failure to grant broad new pow- much of a real debate have we had on American public can then, at that ers to the Federal Government will those issues I have raised? The lack of time, find out what is in it a la Speak- lead to a cyber 9/11. I agree that if we a real process in the Senate on this er PELOSI’s statement on health care fail to take action on cyber security, very bill amplifies my substantive con- reform? there could be a national security concerns. These are questions that all Senators sequence. However, I don’t believe giv- In fact, this is eerily reminiscent of should consider. And our citizens ing the Federal Government more reg- the debate surrounding the health care should know in advance what we are ulatory authority over business and in- reform bill. During that time, then- actually considering. dustry, as supporters of this bill pro- Speaker of the House PELOSI declared, Yesterday, we heard claims that the pose, is the answer to strengthening ‘‘We have to pass the bill so that you amendments offered by Republicans cyber security. can find out what is in it.’’ Well, we all were part of some obstructionist tac- Chief among my concerns with the know how well that worked out. Years tic. Why isn’t the same statement pending bill is the role played by the of litigation later, the public is still made about the 77 or so amendments Department of Homeland Security. learning what surprises the majority filed by Democrats? Somehow, are they These concerns stem from oversight and President Obama had in store for acceptable and not obstructionist? that I have conducted on the imple- the Nation’s health care system. I had three amendments that ad- mentation of a law called the Chemical Now here we are, once again, in the dressed specific provisions in the bill, Facility Antiterrorism Standards Pro- last week before our August summer and I wanted to have a debate on them. gram. That acronym would be CFATS. break, tackling a serious problem that For example, I have an amendment CFATS was the Department’s first hasn’t been given full process. to strike the provision in the bill that major foray into regulation of the I do not want cyber security legisla- creates a cause of action against the chemical sector. tion to become another health care re- Federal Government. What does that The Department of Homeland Secu- form bill. If we are serious about our cause of action do? That provision rity spent nearly $1⁄2 billion on that Nation’s security, then shouldn’t we waives sovereign immunity, provides program. Now, 5 years later, they have treat it as serious as it really is? We all for automatic damages, and provides just begun to approve site security agree how serious it is. for an award of attorney’s fees. plans for the more than 4,000 facilities We are told that the Senate has been This provision is, obviously, a gift to designated under the rule. working on cyber security for 3 to 5 the trial lawyers lobby, which Amer- I have continued to conduct over- years. However, we have not been ican taxpayers should not have to pay sight on this matter. Despite assur- working on this bill before us for that for. And I do not think class action ances from the Department of Home- long. The bill before us was introduced lawsuits against the government will land Security that they fixed all the 13 days ago, and it was only pending on help with cyber security. problems with CFATS, I keep discov- the floor for 4 days before the motion Another amendment of mine would ering more problems. So now I am baf- for cloture was filed. It did not go have removed industry-specific carve- fled why we would take an agency that through the normal committee process. outs from the bill. This is another ex- has proven problems with overseeing a It was not debated or amended. In- ample of how backroom deal making critical infrastructure and give them stead, it was brought straight to the takes place so as to get support and chief responsibility for our country’s floor, and we are being forced to con- build support for a bill. We saw this cyber security. sider it under a very rushed schedule. happen with the health care reform Additionally, I am concerned with Talking about the danger of cyber at- bill. You know the famous provisions that restrict the way infor- tacks for years is not the same as dis- ‘‘Cornhusker Kickback’’ that was mation is shared. The restrictions im- cussing the impact of the actual text of agreed to in order to pass ObamaCare, posed under title VII of the bill are a the bill which could become law. The and this process reminds me of that.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13003 Here, to get support from companies the most deliberative body in the civil disobedience of any kind. They in the information technology indus- world, the U.S. Senate, should do its were not violating any laws. They were try, the bill clearly states those com- business. It is not good for the country, attending a funeral. panies cannot be identified as critical and it is, obviously, not good for the Hundreds gathered peacefully. Fam- cyber infrastructure. So to build sup- reputation of the U.S. Senate. ily, friends, and those who want noth- port for this bill—but without people I yield the floor. ing more than a free and democratic knowing what is in the bill—the au- The PRESIDING OFFICER. The Sen- Cuba were at a funeral mourning the thors carved out these companies from ator from New Jersey is recognized. death of their hero, Oswaldo Paya. having to comply with the bill. Mr. MENENDEZ. Mr. President, I un- But the arrest and detention of 50 For example, under this carve-out, derstand my distinguished colleague dissidents who were mourning the loss say an information technology com- from Oklahoma has asked consent to of a friend and loved one is not the pany builds a router that has a flaw speak at 6:30 p.m. I will take about 10 whole story of how far this regime will that is exploited by hackers. That or 15 minutes, which would put us go. router is purchased by every sector of about 5 minutes past that time. So I The circumstances surrounding the critical infrastructure, including ask unanimous consent to speak for Oswaldo Paya’s death leave any rea- power, water, and probably a lot of oth- about 15 minutes, if that is acceptable sonable person to wonder what may ers that I ought to be able to name. to the Senator. have really happened on that road in If that router flaw is exploited, and if Mr. INHOFE. That is perfectly all Cuba that ended in the tragic auto- that is attacked, the companies that right. And I ask unanimous consent mobile accident that took the life of bought the router are held responsible. that at the conclusion of the remarks Oswaldo Paya. Paya’s daughter Rosa Maria Paya However, the company that made the of my friend from New Jersey I be rec- immediately challenged the regime’s faulty router is not. ognized for 30 minutes. version of events, stating that the fam- It is obvious how absurd this is. It is The PRESIDING OFFICER. Is there ily had received information from the obvious how much of a major giveaway objection? survivors that their car was repeatedly to a key industry it is, just to give the Without objection, it is so ordered. The Senator from New Jersey is rec- rammed—rammed—by another vehicle. appearance of private sector support. She said: This is not how we should handle cyber ognized. So we think it’s not an accident. They security, and I have an amendment to Mr. MENENDEZ. I thank the Pre- siding Officer and I thank my colleague wanted to do harm and then ended up killing strike this provision. We should openly my father. for his courtesy. debate this issue and discuss whether The family also said that Oswaldo this is the right course of action to DEATH OF OSWALDO PAYA Paya was targeted in a similar incident give a carve-out to a specific segment Mr. President, while we are focused 2 weeks earlier in Havana. The same of industry. on issues here at home—and certainly thing: an effort as they were driving to Again, the carve-out was a deal cut we should be—there are incidents tak- ram them off the road. In retrospect, with one purpose: to limit opposition ing place around the world, and those the family now sees that incident as a to the bill. Well, that was not good pol- of us who care about freedom and de- warning from the regime. icy in 2009 on the ‘‘Cornhusker Kick- mocracy and human rights, those of us What we know is the car, driven by a back’’ in the health care reform debate, like myself who sit on the Senate For- politician from Spain, Angel and we should learn from that lesson eign Relations Committee, also have Carromero, a citizen of Spain, and that it is, obviously, not good policy in our focus on what is happening in other Aron Modig, an activist in Sweden, was 2012. places in the world. involved in the fatal automobile acci- I also know that Senator RON JOHN- I come to the floor to talk about the dent that killed Paya and his Cuban SON of Wisconsin had an amendment violence and repression that continues colleague Harold Cepero. that the Congressional Budget Office in the country of Cuba—this time in a Of course, we have no proof of that. issued a score on the cost of the bill be- dramatic and brazen attempt to exer- But we do know Carromero and Modig fore it could take effect. cise power through fear and intimida- survived the accident, and they obvi- Why were the supporters of the bill tion over those who want nothing more ously know exactly what happened opposed to doing that? Do they believe than to see the day when the people of that day. These are two individuals— they have a right to spend millions or Cuba are free—and against members of one is a Spanish citizen, the other one billions of taxpayers’ dollars at will the international community. is a Swedish citizen—who were in- without making the amount public? Once again, I am forced to come to volved in helping Paya promote, from Are the supporters of the bill really the floor to put a spotlight on what is an international perspective, the views prepared to vote for this bill without happening inside of Cuba and all those of his civil society movement toward revealing how much it will cost? who put their lives on the line for free- peaceful change in democracy and But I will not get a chance to debate dom and human rights around the human rights. my amendments or Senator JOHNSON’s world. But instead of getting the two sur- amendment before the cloture vote be- The information we are receiving vivors’ real story, in a demonstration cause that is how the majority leader from both public reports and other in- of the twisted nature of the Castro re- runs the U.S. Senate. formation from Cuba concerning the gime, the Cuban Ministry of Interior There are serious questions about circumstances surrounding the death detained, without consular access, the this bill. It needs to be amended. We of Oswaldo Paya—the island’s most two foreigners who survived the crash need to discuss changes. Unfortu- prominent and respected human rights and then paraded Modig, the Swede, be- nately, it does not look as though that advocate—is disturbing. It underscores fore a Ministry of Interior press con- is going to happen. the continued brutality and repression ference, where he was clearly forced to I know some will, again, say that of the Castro regime, and it demands a apologize for working with Paya and this has been a long process. The only response from the international com- ‘‘illegally aiding the Cuban opposi- thing true about that statement is that munity, as well as from ourselves as tion.’’ the issue and problem has been dis- part of that community. The driver of the car, Carromero, the cussed for a long time—but not dis- The facts as we know them are that Spanish citizen, was less lucky than cussed for a long time on this bill. 50 prodemocracy activists were ar- his Swedish colleague. It appears he If we are serious about addressing rested and detained at the funeral—at will not be allowed to speak freely for this problem, then let’s deal with it ap- the funeral—of Oswaldo Paya. At a fu- years to come, courtesy of the Castro propriately. Rushing something neral—they were not demonstrating, regime. They have formally charged through that will impact the country they were not marching or carrying him with vehicular manslaughter in in such a massive way is not the way signs, they were not engaged in acts of the crash.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13004 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 Carromero, like Modig, was forced to the truth without the international and on behalf of all those who lose offer a mea culpa, which was made community standing together and their lives every day or their liberty available in a video presentation holding them accountable for their re- simply because they peacefully choose hosted by Castro’s nefarious Ministry pressive and illegal actions. to try to change the nature of the of the Interior. Will the Castro regime stop at noth- country in which they live. It is some- The regime’s logic has to boggle the ing, nothing to repress the rights of its thing America should be a beacon of mind of any reasonable person who people? Can we turn our back on the light for, something I hope we can cares about the rule of law. rule of law on the Cuban people, on the shine very brightly, and in doing so, It is also my understanding, accord- facts of this case, on Mr. Carromero or create a protective element to those ing to reports from Cuba, that—in a can we once again have that wink and who are peacefully trying to create move typical of the Castro regime— nod and say: Oh, well, you know, it has change inside Cuba. We should do no Spanish diplomats were prohibited been over 50 years; things are changing less. from seeing or meeting with Carromero for the better in Cuba, and we should ALAN GROSS until yesterday. let bygones be bygones, as people lan- Ms. MIKULSKI. Mr. President, 32 Meanwhile, the grieving widow of guish in jail, as people die at the hands months almost 3 full years. That is Oswaldo Paya has expressed outrage of the regime, as we see the hunger how long Maryland native Alan Gross and has rejected Castro’s official report strikers who give up their lives because has been held by Cuba as a political regarding the death of her husband and of the brutality they are facing, to try prisoner. the circumstances surrounding the ac- to rivet the world’s attention in this Alan Gross went to Cuba in 2009 on cident which has now blamed the acci- regard. an USAID contract to help install wire- dent on the actions of Angel Some say we should permit Castro’s less Internet. The Cuban government Carromero, who was driving the car. hooligans to parade across our Nation, responded by putting him in jail. They Paya’s widow has said: ‘‘Until I’m which we seem to give visas to, spew- declared him a spy, ran a sham trial able to speak with Angel or with Aron, ing lies while American Alan Gross sits and sentenced him to 15 years in pris- the last two people who saw my hus- in a prison simply because he brought on. band alive, have access to the expert some communications equipment for Alan Gross is from Potomac, MD, and reports, and have the advice of people the Jewish community in Havana to be like me, studied social work at the independent of the Cuban government, able to collaborate and to inform each University of Maryland. I have met his I can have no idea what really hap- other. That was his crime. He has now wife on numerous occasions. Her focus pened that day.’’ been in prison, a U.S. citizen, for 2 and strength are truly inspiring. While I cannot be certain that the regime years, languishing in Castro’s jails, not her husband has been held in a Cuban killed Oswaldo Paya, but the cir- to mention thousands of Cuban polit- prison, she has held down the fort and cumstances of his death are highly sus- ical prisoners who suffer in Cuban pris- held the pressure on the Cuban govern- picious. There is no question that the ons. ment for its poor treatment of her hus- regime had no motive to kill Oswaldo As I have said on this floor over and band. Paya. Oswaldo Paya was most—one of over, to me, the silence is so deafening And Alan Gross has held strong in the most prominent opponents of the from so many of our colleagues. They the face of his unfair imprisonment. To Castro dictatorship, a Catholic activist may have a different view than I do maintain his physical and mental who funded the Christian Liberation about how we promote democracy, but strength, he would pace his room and Movement in 1988. I do not hear them speak out about do pull ups. Unfortunately, however his He is best known for the Varela these human rights abuses, about the health has declined. He has lost more Project, a petition drive he launched in deaths in Castro’s prisons, about those than 100 pounds, is having difficulty 2002 that called for free elections and who can get knocked off the side of a walking, and—most worryingly—has other rights. That drive led the Cuban road and killed. The silence in that re- had a mass develop behind his shoul- Government to adopt a constitutional spect is deafening. der. Rather than act humanely, the amendment making the Communist So there are some of us who are com- Cuban government has been reluctant system in Cuba irrevocable. It followed mitted to making sure that silence is to share information on Mr. Gross’s that with the 2003 Black Spring, which broken. Today, I am asking my col- medical condition. arrested 75 of the most prominent leagues to join me in sending a letter At home, Mr. Gross’s mother is fac- Cuban activists in that year. to Ban Ki-moon, the Secretary General ing inoperable lung cancer and the Paya had become the most known, of the United Nations, demanding that family is concerned he will not have a most visible face of Cuba’s peaceful op- the United Nations and the Human chance to say goodbye. That is why the position movement. The European Par- Rights Council immediately undertake Gross family petitioned the Cuban gov- liament awarded him the Sakharov a full and thorough investigation of the ernment to allow him to come home Prize for Freedom of Thought in 2002. circumstances surrounding Oswaldo for 2 weeks to see his mother for her That year, he was also nominated for a Paya’s tragic death and the detention 90th birthday. Nobel Peace Prize by hundreds of par- of Angel Carromero. We must demand This request was made following a liamentarians in a campaign led by his the truth about these tragic events U.S. Federal judge’s humane decision friend Vaclav Havel, the Czech Repub- that took the life of Cuba’s most de- to allow a Cuban intelligence agent on lic President. voted human rights advocate. probation in the United States to re- Paya was determined that Cuba and I hope our colleagues will join us in turn home to see his ailing brother. Cubans should enjoy the benefits of that respect. We have supported de- Their plea was met with silence. freedom and democracy and he com- mocracy movements around the world. Cuba has held Alan Gross as a polit- mitted his life to that cause and he They have often made a big difference, ical hostage, trying to leverage their may very well have lost his life to that from Vaclav Havel, Lech Walesa, So- possession of an American citizen for cause. We cannot continue to turn our viet Jewry, Alexander Solzhenitsyn, concessions from the United States. backs on those inside Cuba struggling and so many others. When we side on While Cuba might oppose U.S. policy, in peaceful ways to promote democracy behalf of those struggling against re- it has a responsibility to behave hu- and human rights. We cannot allow the pressive regimes for democracy and manely to its people. violence and the repression, the brutal human rights, it makes a difference. It I want to thank Senator Dodd for his detentions to continue without con- can make a difference in this regard as continued focus on the detention of sequence. We cannot allow innocent well. Alan Gross. The Senator has been one members of the international commu- I am hoping our colleagues will join trying to improve relations between nity to be brutalized and victimized by us in helping break the silence, on be- the United States and Cuba, but has the Castro brothers so they can hide half of the memory of Oswaldo Paya put those efforts on hold because of

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13005 their unwillingness to release Mr. the Environment and Public Works Dr. Fred Seitz. Dr. Fred Seitz is a Gross. I appreciate his decision and his Committee has had a hearing on global former president of the National Acad- unrelenting work to see Mr. Gross warming, on the science or lack of emy of Science. He said: ‘‘There is no freed. science behind global warming. convincing scientific evidence that And most importantly, I want to I was delighted to see all these things human release of carbon dioxide, meth- send my thoughts and prayers to Mr. resurrected. I know it is not proper to ane or other greenhouse gasses is caus- Gross, his wife Judy and their family. I talk about your own books on the ing or will in the foreseeable future think about you every day and am floor, and I do not do it, except I have cause catastrophic heating of the hopeful your family will be reunited to do it because it was mentioned by earth’s atmosphere and disruption of soon. The pain you face is unfair, but some of my adversaries, my book the earth’s climate.’’ the strength you show is inspiring. I which was called ‘‘The Greatest Hoax.’’ I would like to pause at this moment, promise we will continue to work to Things were taken out of this book so because I see the majority leader on bring Alan back to Maryland. I had to defend them. Let me just men- the floor of the Senate, and inquire if I yield the floor. tion, if I can in this fairly short period they care to have some leadership The PRESIDING OFFICER (Mr. of time that I have, I think it is only 30 time. I would be very glad to yield to WHITEHOUSE). The Senator from Okla- minutes, some of the things that were them that time. Apparently, that is homa. stated, first of all, on the floor by the not the case. GLOBAL WARMING senior Senator from Massachusetts and Thirdly, this is something that hap- Mr. INHOFE. Mr. President, when we then make some comments about the pened very recently. One of the univer- came back to session this week, I was hearing this morning. sities, George Mason University, sur- In fact, I am glad it is coming to the pleased to see a very good friend of veyed 430 weathercasters and found surface again. First of all, I was re- mine on the floor, of a completely dif- that only 19 percent of the ferred to as a ‘‘skeptic.’’ I mentioned ferent philosophy from mine and a dif- weathercasters felt catastrophic global just now that skeptics are those who do ferent background and a different warming is taking place and is a result not believe what I referred to as the State, talking about—being somewhat of human activity. hoax. He referred to us as ‘‘flat critical of my position on global warm- That is quite a change from what it earthers.’’ I learned a long time ago ing, which everybody knows I have that if they do not have logic on their used to be. That means 81 percent of been involved in for some 12 years since side, they do not have the science on those weathercasters that we all see the Koyoto treaty, which was never be- their side, they respond with name every night are saying that is not true. fore us. Dr. Robert Laughlin, a Nobel Prize- Nonetheless, I appreciated the fact calling. I have been called a lot of names. Let me just name a few. This winning Stanford University physicist, that we had a chance to resurrect that comes right out of the book and some said: issue because, to my knowledge, no- of the things that were said this morn- Please remain calm. The earth will heal body has uttered the term ‘‘global ing. The ‘‘noisiest climate skeptic,’’ itself. Climate is beyond our power to con- warming’’ since 2009. It has been com- ‘‘the Senate’s resident denier bunny,’’ trol. The earth doesn’t care about govern- pletely refuted in most areas. But I was ment and legislation. Climate change is a ‘‘traitor,’’ ‘‘dumb,’’ ‘‘crazy man,’’ pleased to hear my good friend from matter of geologic time, something the earth ‘‘science abuser,’’ ‘‘Holocaust denier,’’ Vermont talking about it because he does on its own without asking anyone’s per- ‘‘villain of the month,’’ ‘‘hate filled,’’ and I have a very honest relationship mission or explaining itself. ‘‘war mongering,’’ ‘‘Neanderthal,’’ with each other but a total disagree- I think the statement is certainly ‘‘Genghis Khan’’. It goes on and on. I ment. We are able to go over those not an accurate statement that was will submit this for the RECORD. made this morning. By the way, in things. But quite often we hear these things, terms of the climate change, I would Then again today two things hap- it is only because there is not logic or like to suggest there is a Web site pened. First of all, we had the senior science on their side. So they do name called Climate Depot by Marc Morano. Senator from Massachusetts come calling, which is fine. To me, that gets In this, we can find multitudes of peer- down to the floor and was somewhat attention, and it needs to have the at- reviewed studies. There is not time to quite critical of me and anyone who is tention. The second thing, one of the go over them all, but we certainly can a skeptic. I think it is important to re- other things that came out this morn- alize that to understand—so you under- ing, the statement was made by the find them on that particular Web site. stand, when we are talking, what we senior Senator from Massachusetts, Another statement made by the sen- are referring to. and I am quoting now, I believe: There ior Senator from Massachusetts this Those people who believe the world is are 6,000 peer-reviewed studies that say morning was when they were talking coming to an end because of global that no one peer-reviewed study that about a former climate skeptic, Rich- warming and that is all due to man- proves it is not happening. ard Muller, M-u-l-l-e-r. He changed his made anthropogenic gases, we call There is not one, not one peer-remind through extensive research, im- those people alarmists. Those people viewed study. A peer-reviewed study is plying he at one time was a skeptic and such as myself who have looked at it a study that is published and then the he is now an alarmist. Let me tell you very carefully and have come to the peers review it. I think that is a proc- about Richard Muller. In 2008 Richard conclusion that is not happening and ess that is necessary. Consequently, Muller said that the bottom line is the fact or the assertion that global that statement was made. That state- that there is a consensus. The Inter- warming is occurring today and it is ment just flat is not right. In fact, let governmental Panel on Climate occurring because of the release of CO2 me go ahead and talk about some of Change—we will talk about that later. and anthropogenic gases, methane, and these studies. If we look at the Har- The President needs to know what the such as that, it is a hoax, which I said vard-Smithsonian study, that was a IPCC says. Second, they say that most way back in 2003. This became quite a study which examined the results of of the warming of the last 50 years is charge to a lot of people, a hoax that— more than 240 peer-reviewed papers probably due to humans. You need to the fact that all of this is happening is published by thousands of researchers know that this is from carbon dioxide due to manmade gases. I believe it is over the past four decades. and that you need to know the under- the greatest hoax ever perpetrated on The study covers a multitude of geo- standing of the technology. the American people. physical and biological climate indica- Mr. President, I was talking about As a result of that, a lot of people are tors. They came to the conclusion— and responding to the speech made on trying to do things to this country that this is a Harvard-Smithsonian peer-re- the floor this morning by the senior are detrimental. By the way, we also viewed study. They came to the conclu- Senator from Massachusetts. had this morning—it was enjoyable. sion that climate change is not real, I think the main thing I got across at This is the first time since 2009 that that the science is not accurate. that time was the assertion that was

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But as the occupier of the it wasn’t the intention of the senior Letters: chair is fully aware, I had occasion to Senator from Massachusetts to say Since 2006, global tropical cyclone energy fly an airplane around the world one something that was factually wrong, has decreased dramatically . . . to the lowest time, emulating the flight of Wiley but I did read several peer-reviewed levels since the late 1970s. Global frequency Post when he went around the world. It studies and referred to the Web site of tropical cyclones has reached a historic is an exciting thing, but it is one of climatedepot.com, if anyone is inter- low. those things where you feel you are ested in that. So just the opposite. glad you did it, but you never want to Second is the fact that the Senator On tornadoes, NOAA scientists reject do it again. It was kind of miserable at from Massachusetts—and then again in a global warming link to tornadoes. To times. the hearing this morning, Richard quote them: Anyway, I remember coming across Muller was referred to several times as No scientific consensus or connection be- Greenland, following Wiley Post, and being a former skeptic who converted tween global warming or tornado activity. starting in the United States, going up over to an alarmist. I suggested—and I Droughts. The Senator talked about to Canada, then Greenland, to Iceland, read something to show that, in my droughts this morning. Reading from back to western Europe, and then opinion, he never was a skeptic. I this article, the headline is ‘‘Scientist across Siberia. But in Greenland they would like to make some comments disagrees with Obama on cause of are still talking up there about what it about Richard Muller. Texas drought:’’ and to quote Dr. Rob- used to be like in Greenland. They had If you go to my Web site, you will ert Hoerling, a NOAA research mete- gone through this melting period where find about 1,000 scientists who have orologist, ‘‘This is not a climate everyone up there was growing things. come around and said: No, this asser- change drought.’’ They were ecstatic up there, talking tion that we are having catastrophic They further said severe drought in about the great old times. Then, of course, the cold spell came along, and global warming due to anthropogenic, 1934 covered 80 percent of the country it got much colder and it was much manmade gases is not correct. Muller compared to only 25 percent in 2011. The statements that were made worse. is not on that list. However, when they Now, the IPCC, in 2001, covered this. about the Arctic and about Greenland say that he is the one and made such a They said that to melt the Greenland this morning, if you look at a Novem- big issue, I will quote a couple people ice sheet would require temperatures about their expressing themselves on ber 2007 peer-reviewed—and I stress to rise by 51⁄2 degrees Celsius and re- peer-reviewed—study, conducted by a the credibility of Richard Muller. main for 1,000 years. The ice sheet is Professor Judith Curry, a climatolo- team of NASA and university experts, growing 2 inches a year. So that is gist at the Georgia Institute of Tech- it found cyclical changes in ocean cur- Greenland, and they were just talking nology, stated ‘‘way over-simplistic rents impacting the Arctic. The ex- about Greenland this morning. In fact, and not at all convincing, in my opin- cerpt from this peer-reviewed study by they talked about it during this hear- ion.’’ She was talking about the com- NASA says: ing too. ments by Muller. She also said, ‘‘I Our study confirms that many changes Let me mention this IPCC and re- don’t see that their paper adds any- seen in upper Arctic Ocean circulation in the mind everyone of something that peo- thing to our understanding of the 1990s were mostly decadal in nature, rather ple tend to forget. The IPCC is the than trends caused by global warming. causes of the recent warming.’’ That is Intergovernmental Panel on Climate on the paper submitted by Richard And 2011 sees 9,000 Manhattans of Change. It was put together by the Muller. Arctic ice recovery since the low point United Nations a long time ago. It all Roger Peilke, Jr., said that the ‘‘big- in 2007. started in 1992 down in Rio de Janeiro. ger issue is how the New York Times Let me explain what that means. They had their big gathering down let itself be conned into running [Mull- When we talk about the Manhattan there to try to encourage everyone to er’s] op-ed.’’ Arctic recovery, they use Manhattan pass the Kyoto Treaty. The treaty was Michael Mann is the guy who started because that is something people can never even submitted by the Clinton- this whole thing at the U.N., putting it identify with, and then they relate Gore administration, although Gore together. He had the hockey stick that to the recovery of ice. In this went to this big meeting in Rio de Ja- thing that has been totally discredited. case—this is, again, from NASA. In neiro. They had a wonderful time down He said: 2011, there were 9,000 Manhattans of there. At that time they were all say- It seems, in the end—quite sadly—that this Arctic ice recovery since the low point ing the world is coming to an end so we is all really about Richard Muller’s self-ag- in 2007. Now, this study was 2011. So have to pass the Kyoto Treaty to stop grandizement. that means the low point was actually all that. Well, that is the IPCC that I So much for the statements that below that, and it has been decreasing have been very critical of because that were made to give credibility to their since that time. is the science on which all of these side by Richard Muller. Now, that was the Arctic. In the Ant- things are based that we are dealing I think another thing that was stated arctic there is a 2008 peer-reviewed with today. this morning was we have evidence of paper in the American Geophysical So much for these things that were climate change all around—wildfires, Union, and it found a doubling in snow stated in terms of the disasters and the drought and vegetation, and all that accumulation in the western Antarctic droughts and all of these problems. The type. Then they talked about glaciers. Peninsula since 1850. In a paper pub- next thing he talked about—and I have Well, let me just share the facts about lished in the October Journal of Cli- already talked about Greenland—is he that, which I think are very signifi- mate Examples, the trend of sea ice ex- talked about it is going to be necessary cant, as far as the droughts and all tends along the east Antarctic coast to have carbon caps. I think we talked that are concerned. Again, this is a from 2000 to 2008 and finds a significant about that this morning. Right now, statement made by the senior Senator increase of 1.43 percent per year. there are those people who are advo- from Massachusetts this morning, Let’s talk about Greenland. And I cating cap and trade—a very complex, talking about all these things that are will always remember when I had occa- difficult thing to explain—which is es- happening as a result of global warm- sion—well, one of the things I have sentially requiring a cap on carbon ing. been interested in is aviation. I have emissions and then trading these emis- Well, hurricanes, according to NOAA, been an active pilot for, I guess, 60 sions back and forth. That is some- have been on the decline in the United years now. The occupier of the chair is thing they do not talk about anymore

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13007 because that has been completely dis- oil, of gas, at the pumps? He said: Sev- Myself included—that were on the credited. Now they are talking about a enty days. He didn’t hesitate. panel? carbon tax, and I think that was men- I said: Seventy days? They said it The third thing he mentioned on tioned this morning. would take 10 years. NOAA’s billion-dollar disasters; Field Quoting the Senator from Massachu- He said: No. He said: It would take 30 said: setts this morning once again: days to go down and lift it up—60 days The U.S. experienced 14 billion-dollar dis- The avoidance of responsibility has to before you hit the surface, and in prep- asters in 2011, a record that far surpasses the stop. We have been waiting for 20 years now aration of sending it to a refinery, then previous maximum of 9. while other countries, including China, are in 10 days you get it to the refinery and Field says nothing about the serious stealing our opportunities. to the pumps. issues with NOAA’s tabulation. The Let’s put up that chart. Let’s talk a Well, I am just saying there is this billion-dollar disaster memo is a PR little about China. You know China is whole idea we have to rely on some train wreck, not peer-reviewed, and is the great beneficiary of anything we do kind of green energy that has not even counter to the actual science summa- here to put caps on carbon because been developed yet in terms of tech- rized in the IPCC. Again, this is Dr. they are the ones that are doing it. So nology and ration what we have in this Pielke, Jr., who disagrees with me on they say China is making great strides country. I mean, this Obama adminis- this, but he said he is tired of people in reducing their carbon emissions. tration has had a war on fossil fuels saying things that are not true. Well, look at this. The green line there since before he was elected President of I ask unanimous consent to include is China. This is in emissions—billions the United States. He wants to kill fos- his entire statement in the RECORD be- of tons of emissions. It starts down at sil fuels. We all know that. And I am cause he goes over point after point 2, a little over 2, which was in 1990, and not going to quote all the people in his and discredits everything that was said it was fairly low until 2002. administration who say we are going to by this witness—whose name is Chris- Look at what has happened. It has have to raise the price at the pumps to topher Field—this morning. doubled in tons of emissions. China has be comparable to Central Europe be- There being no objection, the mate- actually doubled in that period of time, fore people will be weaned off of fossil rial was ordered to be printed in the RECORD, as follows: from 2002 to 2012—a 10-year period. fuel because I think people know that At the same time, we have actually now. ROGER PIELKE JR IPCC LEAD AUTHOR MISLEADS US CONGRESS reduced our emissions—both the This morning was kind of inter- United States and the European Union. The politicization of climate science is so esting. We had a hearing this morning, complete that the lead author of the IPCC’s To suggest that China is sitting back and one of the witnesses was a Dr. Working Group II on climate impacts feels there waiting for us to provide the Christopher Field. He was a witness for comfortable presenting testimony to the US leadership for them to destroy their the other side, and he made a lot of Congress that fundamentally misrepresents economy is pretty outrageous. statements. It was kind of interesting what the IPCC has concluded. I am referring By the way, the other statement that because there is an article that was to testimony given today by Christopher has been made in the past, not just by sent out, written by Roger Pielke, Jr., Field, a professor at Stanford, to the US Sen- the Senator to whom I have referred ate. who is from the University of Colorado This is not a particularly nuanced or com- but several others, is that we are not at Boulder, and he was actually on the plex issue. What Field says the IPCC says is going to be able to solve the problem IPCC at one time. But he is one of the blatantly wrong, often 180 degrees wrong. It and to do something about our reliance authorities who disagrees with me, and is one thing to disagree about scientific upon the Middle East just by devel- he talked about how wrong Dr. Field questions, but it is altogether different to oping our own resources. That is was. fundamentally misrepresent an IPCC report wrong. Now, this is what Field said, first of to the US Congress. Below are five instances There is a guy named Harold Hamm, all: in which Field’s testimony today completely who is now the authority, and he has and unambiguously misrepresented IPCC As the U.S. copes with the aftermath of findings to the Senate. actually had more successful produc- last year’s record-breaking series of $14 bil- 1. On the economic costs of disasters: tion in tight formations. He happens to lion climate-related disasters and this year’s Field: ‘‘As the US copes with the after- be from my State of Oklahoma. I called massive wildfires and storms, it is critical to math of last year’s record-breaking series of him up before a speech or a debate I understand that the link between climate 14 billion-dollar climate-related disasters was involved in probably 6 months ago, change and the kinds of extremes that lead and this year’s massive wildfires and storms, and I said to Harold Hamm: You know, to disasters is clear. it is critical to understand that the link between climate change and the kinds of ex- if we were to open up the United Well, what did Roger Pielke say this morning? He said: tremes that lead to disasters is clear.’’ States—now, granted, there has been a Field’s assertion that the link between cli- surge in the production in this coun- Field’s assertion that the link between climate change and disasters ‘‘is clear,’’ which try, in the recovery, but that is all in mate change and disaster ‘‘is clear,’’ which he supported with reference to US ‘‘billion private lands; none in public lands be- he supported with reference to U.S. ‘‘billion dollar’’ economic losses, is in reality sci- dollar’’ economic losses, is in reality scientifically unsupported by the IPCC. Period. cause we have had a reduction in public entifically unsupported by the IPCC. Period. lands. There is good reason for this—it is what the The Obama administration has said That was the response to the asser- science says. Why fail to report to Congress the IPCC’s most fundamental finding and in- over and over and over—and I guess if tion made this morning. Another assertion made this morning dicate something quite the opposite? you say something wrong enough times 2. On US droughts: people will believe it—that even if we by Field was: Field: ‘‘The report identified some areas open these public lands it would take The report identified some areas where where droughts have become longer and 10 years before that would arrive at the droughts have become longer and more in- more intense (including southern Europe and tense (including southern Europe and west West Africa), but others where droughts have pumps. Africa), but others where droughts have be- So I asked Harold Hamm, and I said: become less frequent, less intense, or short- come less frequent, less intent or shorter. er.’’ You are going to have to give me some- This is what was said in response to What the IPCC actually said: ‘‘. . . in some thing you can document, but if we were that. Again, this is Dr. Roger Pielke, regions droughts have become less frequent, to set up in New Mexico, for example, less intense, or shorter, for example, central Jr., just today. This is in today’s paper where you are precluded on public North America. . .’’ he published. lands from drilling, and you put up Field conveniently neglected in his testi- your operation, how long would it take Field conveniently neglected in his testimony to mention that one place where mony to mention that one place where droughts have gotten less frequent, less in- you to bring up the oil and actually go droughts have gotten less frequent, less intense or shorter is . . . the United States. through the whole refinery process and tense or shorter is . . . the United States. Why did he fail to mention this region, sure- get it to the pump to get the supply Why did he fail to mention this region, surely of interest to US Senators, but did include there so we can bring down the price of ly of interest to U.S. Senators. . . . Europe and West Africa?

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13008 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 3. On NOAA’s billion dollar disasters: Field can present such nonsense before I said: When you do this, it has to be Field: ‘‘The US experienced 14 billion-dol- Congress because the politics of climate based on science. What science are you lar disasters in 2011, a record that far sur- change are so poisonous that he will be ap- going to base this on? passes the previous maximum of 9.’’ plauded for his misrepresentations by many, She said: Well, the Intergovern- What NOAA actually says about its series including some scientists. Undoubtedly, I of ‘‘billion dollar’’ disasters: ‘‘Caution should will be attacked for pointing out his obvious mental Panel on Climate Change would be used in interpreting any trends based on misrepresentations. Neither response be the major thing. And, sure enough, this [data] for a variety of reasons’’ changes the basic facts here. Such is the that is exactly what happened. Field says nothing about the serious issues sorry state of climate science today. I could not have planned it, but she with NOAA’s tabulation. The billion dollar Mr. INHOFE. It is important to talk made this declaration that we now are disaster meme is a PR train wreck, not peer about the IPCC because if we stop and going to be able to do through regula- reviewed and is counter to the actual science think about it, everything that has tion what we couldn’t do through legis- summarized in the IPCC. So why mention it? 4. On attributing billion dollar disasters to been happening comes from the science lation because the people of America climate change, case of hurricanes and tor- that was investigated and formulated had spoken through their elected rep- nadoes: by the IPCC—Intergovernmental Panel resentatives in the House and the Sen- Field: ‘‘For several of these categories of on Climate Change—that is, the United ate and had denied the opportunity to disasters, the strength of any linkage to cli- Nations. In my book I talk a little bit do cap and trade, so they decided to do mate change, if there is one, is not known. about that, but I don’t believe it would it on an endangerment finding. Specifically, the IPCC (IPCC 2012) did not be appropriate to mention it at this What happened after that is what I identify a trend or express confidence in pro- time. But at today’s hearing, we talked call poetic justice. Climategate oc- jections concerning tornadoes and other small-area events. The evidence on hurri- about the IPCC. curred. I had nothing to do with it canes is mixed.’’ When they were unable, through when it happened, but all the speeches What the IPCC actually said: ‘‘The state- about five or six different bills, to get I had made in the previous 10 years on ment about the absence of trends in impacts cap and trade through—keep in mind, the floor of this Senate were speeches attributable to natural or anthropogenic cli- cap and trade through legislation saying exactly the same thing: that mate change holds for tropical and would cost the American people be- they were cooking the science and extratropical storms and tornados’’ tween $300 billion and $400 billion a what they were saying was not real. Hurricanes are, of course, tropical cy- year. But when that failed, we had clones. Far from evidence being ‘‘mixed’’ the I read several of the editorials that IPCC was unable to attribute any trend in something happen in December 2009. came out after climategate. The New tropical cyclone disasters to climate change The United Nations has this big York Times has always been on the (anywhere in the world and globally overall). party every year, and they invite coun- other side of this issue. They said: In fact, there has been no trend in US hurri- tries from around the world to testify Given the stakes, the IPCC cannot allow cane frequency or intensity over a century that global warming is happening and more missteps and, at the very least, must or more, and the US is currently experi- they are going to do something about tighten procedures and make its deliberation encing the longest period with no intense it. One time in Milan, Italy, I saw one more transparent. The panel’s chairman . . . hurricane landfalls ever seen. Field fails to of my friends from West Africa. I said, is under fire for taking consulting fees from report any of this and invents something dif- What in the world are you doing here? business interests. . . . ferent. Why present testimony so easily re- You know better than this—in terms of The Washington Post, which has also futed? (He did get tornadoes right!) 5. On attributing billion dollar disasters to global warming. He said, This is the been on the other side of this issue, climate change, case of floods and droughts: biggest party of the year. Besides that, said: Field: ‘‘For other categories of climate and if we agree to go along with this, we in Recent revelations about flaws in that weather extremes, the pattern is increas- West Africa are going to get billions of seminal IPCC report, ranging from typos in ingly clear. Climate change is shifting the dollars from the United Nations, from key dates to sloppy sourcing, are under- risk of hitting an extreme. The IPCC (IPCC those countries in the developed na- mining confidence not only in the panel’s 2012) concludes that climate change in- tions. work but also in projections about climate creases the risk of heat waves (90% or great- Another big party was coming up in change. er probability), heavy precipitation (66% or Newsweek: greater probability), and droughts (medium Copenhagen in 2009. I think Senator KERRY had gone over; Hillary Clinton Some of the IPCC’s most-quoted data and confidence) for most land areas.’’ recommendations were taken straight out of What the IPCC actually says: ‘‘The absence had gone over. I don’t believe Barack unchecked activist brochures, newspaper ar- of an attributable climate change signal in Obama was there. NANCY PELOSI was ticles. . . . losses also holds for flood losses’’ and (from there and several others were there. above): ‘‘in some regions droughts have be- They were telling all these countries: Christopher Booker of the UK Tele- come less frequent, less intense, or shorter, Don’t you worry about it because we in graph said of climategate, ‘‘. . . the for example, central North America’’ the United States of America are going worst scientific scandal of our genera- Field fails to explain that no linkage be- to pass cap-and-trade legislation this tion.’’ tween flood disasters and climate change has Clive Crook of the Financial Times year. So I said I was going to go over as been established. Increasing precipitation is said: ‘‘The stink of intellectual corrup- a one-man truth squad to let them not the same thing as increasing streamflow, tion is overpowering.’’ know the truth, and I did. I went over floods or disasters. In fact, floods may be de- A prominent physicist from the IPCC creasing worldwide and are not increasing in and told the 191 other countries there: said: ‘‘Climategate was a fraud on the the US. The fact that drought has declined We are not going to pass cap and trade. in the US means that there is no trend of ris- scale I have never seen.’’ It is dead. It is gone. They can’t get Another UN Scientist, bails: ing impacts that can be attributed to cli- one-third of the Senate to support it. mate change. Yet he implies exactly the op- Before I left, one of my favorite lib- UN IPCC Coordinating author Dr. Philip Lloyd calls out IPCC ‘fraud’—the result is posite. Again, why include such obvious mis- erals, Lisa Jackson—I really like her. representations when they are so easily re- not scientific. She is Obama’s appointee and is now futed? Newsweek: Field is certainly entitled to his (wrong) the Director of the Environmental Pro- tection Agency. Right before I went to Once celebrated climate researchers feel- opinion on the science of climate change and ing like used car salesmen. Some of IPCC’s disasters. However, it is utterly irresponsible Copenhagen, we had a hearing and she most-quoted data and recommendations were to fundamentally misrepresent the conclu- was a witness. taken straight out of unchecked activist bro- sions of the IPCC before the US Congress. He I said: Madam Administrator, I have chures. might have explained why he thought the a feeling that once I leave and go to IPCC was wrong in its conclusions, but it is Clive Cook of the Atlantic Magazine, Copenhagen, you are going to come out speaking of the IPCC, responds: foolish to pretend that the body said some- with an endangerment finding that will thing other than what it actually reported. I had hoped, not very confidently, that the Just like the inconvenient fact that people give you justification to start doing various Climategate inquiries would be se- are influencing the climate and carbon diox- what they couldn’t do by legislation vere. This would have been a first step to- ide is a main culprit, the science says what through regulations. And I could see a wards restoring confidence in the scientific the science says. smile on her face. consensus.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13009 So everyone is in agreement that this U.N. Fears (More) Global Cooling ades up here that somehow that re- is what climategate was all about. And Cometh! An IPCC scientist warns the futed global warming. I said: No, that why I am spending so much time on U.N.: isn’t true. Now those same people are this is because this is the science of all We may be about to enter one or even two saying that it is. of these things that started since decades during which temps cool. So you can fool the American people Kyoto. I ask unanimous consent all of these part of the time and you can talk By the way, the Senator, this morn- be placed in the RECORD showing that a about all the hysteria and all the ing on the floor, commented about the single weather event has nothing to do things that are taking place, but the Kyoto Treaty. Let’s keep in mind, the with climate. people of America have caught on. Kyoto Treaty was back during the There being no objection, the mate- In March 2010, in a Gallup poll, Amer- Clinton-Gore administration. They rial was ordered to be printed in the icans ranked global warming dead last, were strongly in support of it. Vice RECORD, as follows: No. 8 out of eight environmental President Gore went down to the sum- issues. They had a vote, and this was GLOBAL COOLING PREDICTIONS mit they were having in Rio de Janeiro dead last. and signed the treaty, but they never 3. Paleoclimate scientist Dr. Bob Carter, A March Rasmussen poll: 72 percent submitted it to the Senate. James Cook University in Austraila, who has testified before the U.S. Senate Committee of American voters don’t believe global To become a part of a treaty, it has warming is a serious problem. to be ratified by the United States. It on EPW, noted on June 18, 2007, ‘‘The accepted global average temperature statistics An alarmist, Robert Socolow, la- never was, and people need to under- used by the Intergovernmental Panel on Cli- ments: stand that there is a reason it never mate Change (IPCC) show that no ground- We are losing the argument with the gen- was submitted. based warming has occurred since 1998. eral public big time . . . I think the climate I would suggest a couple of other Oddly, this 8-year-long temperature stability change activists—myself included—have lost things in the remainder of the time as occurred despite an increase over the the American middle. that I have that I think are significant same period of 15 parts per million (or 4%) in So as much money as they have and worthy of bringing up. One would atmospheric CO2. spent and the efforts they have made, be the one-weather event. The thing (ANDREW REVKIN) and moveon.org and George Soros and that we are hearing more about than 4. Just months before Copenhagen, on Sep- Michael Moore and the United Nations anything else is that it has been a very tember 23, 2009, the New York Times ac- and the Gore people and the elitists out hot summer. On Monday, my wife knowledged, ‘‘The world leaders who met at in California in Hollywood, they have called me up and said: In Tulsa it is 109 the United Nations to discuss climate change lost this battle. Now they are trying to degrees today. . . . are faced with an intricate challenge: I was joking around with my good building momentum for an international cli- resurrect it. They would love nothing friend from Vermont—we disagree with mate treaty at a time when global tempera- more than to pass this $300 billion tax each other, but he is a good friend. tures have been relatively stable for a decade increase. It is not going to happen. and may even drop in the next few years.’’ Sure, it is hot. But it is so important But I am glad that we are talking that people understand, weather is not Mr. INHOFE. I do think it is impor- about it again, and I applaud my climate. tant to bring this up because this is friend. Senator SANDERS from Vermont Roger Pielke, Jr., a professor of envi- happening right now, after 3 years, and is a real sincere activist on the other ronmental studies at University of Col- not one mention of global warming, side. We agree on hardly anything—ex- orado, said: and all of a sudden it is global warm- cept infrastructure, I would have to Over the long term, there is no evidence ing. say—and yet we respect each other. that disasters are getting worse because of Mr. President, I ask unanimous con- That is what this body is all about. We climate change. sent to extend my time by 5 minutes. should have people who are on both Judith Curry, chair of the Georgia The PRESIDING OFFICER (Mr. sides of all these controversial issues Institute of Technology’s School of BEGICH). Without objection, it is so or- talking about it. There has been a si- Earth and Atmospheric Sciences, has dered. lence for 3 years. Now we are talking said: Mr. INHOFE. This morning I showed about it again. I have been completely unconvinced by any a picture of an igloo. I have 20 kids and So welcome back to the discussion of of the arguments . . . that attribute a single grandkids. My daughter Molly and her global warming. I look forward to fu- extreme weather event, a cluster of extreme husband have four children. One of ture discussions about this. weather events, or statistics of extreme those is adopted from Africa, a little Mr. President, I yield the floor. weather events to anthropogenic forcing. girl. She was brought over here when UNANIMOUS CONSENT AGREEMENT S. 3326 Myles Allen at the University of Ox- she was a little baby. She is now 12 The PRESIDING OFFICER. The ma- ford’s Atmospheric, Oceanic, and Plan- years old, reading at a college level. jority leader. etary Physics Department: She is an outstanding little girl. I Mr. REID. Mr. President, we are When Al Gore said . . . that scientists now sponsor the African dinner every Feb- about to do something really impor- have clear proof that climate change is di- ruary, and she, for the last 3 years, has tant in the Senate. It would increase rectly responsible for the extreme and dev- been kind of a keynote speaker, and ev- astating floods, storms and droughts . . . my U.S. textile exports to Central Amer- heart sank. erybody loves her. ican countries, it would promote devel- I consider Rachel Maddow of MSNBC They were up here 2 years ago, and opment and economic stability by cre- to be one of the outstanding liberals, they couldn’t leave because all the air- ating jobs in, of course, African coun- and she is one of my four favorite lib- ports were closed because of the ice tries, and it would extend U.S. import erals. I have been on her program, and storm. What do you do with a family of sanctions with Burma, which the Re- I have enjoyed it. Bill Nye, the Science six when they are stuck someplace? publican leader will speak more about. Guy, agrees that some of these weather They built an igloo. That was fun—a This bill would help maintain about events have nothing to do with global real igloo that will sleep four people. 2,000 jobs in North Carolina and South warming. This became quite an issue, and we had Carolina alone. It is a very good bill. It The other thing I made a note of that articles from France and Great Britain is fully paid for. It is an important came up this morning was that they and all criticizing my family. In fact, piece of legislation. said there is no evidence on cooling. I my cute little family was declared by Mr. President, I ask unanimous con- think it is important to talk about Keith Olbermann of MSNBC to be the sent that at a time to be determined by that a little bit because a prominent worst family in America because of the majority leader, after consultation Russian scientist said: this. with the Republican leader, the Senate We should fear a deep temperature drop— The point they were trying to make proceed to the consideration of Cal- not catastrophic global. . . . Warming had a is, no one ever asserted that because it endar No. 459, S. 3326; that the only natural origin . . . CO2 is not guilty. was the coldest winter in several dec- amendment in order be a Coburn

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13010 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 amendment, the text of which is at the The PRESIDING OFFICER. Without ing those targeted at the I-R-G-C, we desk; that there be 30 minutes for de- objection, it is so ordered. are pressing Iran’s military and polit- bate equally divided and controlled in Mr. REID. Mr. President, I ask unan- ical leaders to make a clear choice. the usual form; that upon the use or imous consent that the order for the They can end the suppression of their yielding back of that time, the Senate quorum call be rescinded. people, come clean on their nuclear proceed to vote in relation to the The PRESIDING OFFICER. Without program, suspend enrichment, and stop amendment; that if the amendment is objection, it is so ordered. supporting terrorist activities around not agreed to, the bill be read the third the globe. Or they can continue to face f time and passed without further action sustained multilateral economic and or debate; that when the Senate re- IRAN THREAT REDUCTION AND diplomatic pressure, and deepen their ceives H.R. 5986 and if its text is iden- SYRIA HUMAN RIGHTS ACT OF 2012 international isolation. tical to S. 3326, the Senate proceed to Mr. REID. Mr. President, I ask the This legislation is based on the Sen- the immediate consideration of H.R. Chair to lay before the Senate a mes- ate bill which passed with unanimous 5986, the bill be read the third time and sage from the House with respect to support in May. It incorporates new passed without further debate, with no H.R. 1905. measures from Democrats and Repub- amendments in order prior to passage; The PRESIDING OFFICER. The licans in the House and Senate. The further, that if the Coburn amendment clerk will report. sanctions contained in this bill reach is agreed to, the Finance Committee be The legislative clerk read as follows: more deeply into Iran’s energy sector discharged from further consideration than ever before, and build on the Resolved, that the House agree to the of H.R. 9 and the Senate proceed to its amendment of the Senate to the bill (H.R. sweeping banking sanctions Congress immediate consideration; that all after 1905) entitled ‘‘An Act to strengthen Iran enacted 2 years ago to reach to insur- the enacting clause be stricken and the sanctions laws for the purpose of compelling ance, shipping, trade, finance and other text of S. 3326, as amended, be inserted Iran to abandon its pursuit of nuclear weap- sectors, targeting those who help to in lieu thereof, the bill be read the ons and other threatening activities, and for bolster Iranian government revenues third time and passed without further other purposes’’, with an amendment. which support their illicit nuclear ac- debate; that when the Senate receives Mr. JOHNSON of South Dakota. Mr. tivities. H.R. 5986, the Senate proceed to it President, I rise in strong support of As I have said before, the prospect of forthwith and all after the enacting the Iran Threat Reduction and Syria a nuclear-armed Iran is the most press- clause be stricken and the text of sec- Human Rights Act, our legislation ing foreign policy challenge we face, tions 2 and 3 of S. 3326, as reported, by which embodies a bipartisan, bicameral and we must continue to do all we inserted in lieu thereof, the bill be read agreement to reconcile the current can—politically, economically, and the third time and passed, without fur- Senate and House-passed versions of diplomatically—to avoid that result. In ther debate, as amended, and S. 3326 be Iran sanctions legislation. Once imple- recent months, we have seen increased returned to the Calendar of Business; mented, this comprehensive new set of signs that the Iranian regime is feeling finally, that no motions be in order sanctions will help dramatically to in- the pressure of existing sanctions. other than motions to waive or mo- crease the pressure on Iranian govern- Their currency has plummeted, their tions to table and that motions to re- ment leaders to abandon their illicit trade revenues have been sharply cur- consider be made and laid on the table nuclear activities and support for ter- tailed, and they are under increasing with no intervening action or debate. rorism. This bill passed the House of pressure from the oil sanctions regime The PRESIDING OFFICER. Is there Representatives by an overwhelming currently in place. With passage of this objection? bipartisan vote of 421 to 6 earlier this bill, we are taking another significant Mr. MCCONNELL. Mr. President, re- evening. I hope all of my colleagues step to block the remaining avenues serving the right to object, and I will will join me in supporting it so that it for the Iranians to fund their illicit be- not be objecting, let me echo the re- can be adopted by the Senate and havior and evade sanctions. The bill marks of the majority leader. This is signed into law by the President as also requires sanctions on those who an important piece of legislation. soon as possible. purchase new Iranian sovereign debt, The part I have the most interest in thereby further limiting the regime’s So far, in the sputtering P5+1 nego- renews Burma’s sanctions—something ability to finance its illicit activities. tiations, Iran has shown no clear signs we have done on an annual basis for 10 In addition, there are substantial years. We are renewing the sanctions of a willingness to work with the inter- new sanctions for anyone who engages in spite of the fact that much progress national community to engage in a se- in joint ventures with the National Ira- has been made in Burma in the last rious way on nuclear issues. It remains nian Oil Company, NIOC; provides in- year and a half. Secretary Clinton will, to be seen whether Iran will ultimately surance or re-insurance to the National of course, recommend to the President be willing to work towards progress on Iranian Oil Company or the National that these sanctions be waived in rec- the central issues at upcoming negoti- Iranian Tanker Company, NITC; helps ognition of the significant progress ating sessions, or whether the meetings Iran evade oil sanctions through reflag- that has been made in the last year and will simply be another in a series of ging or other means; or sells, leases, or a half in that country, which is trying stalling actions to buy time to enrich otherwise provides oil tankers to Iran, to move from a rather thuggish mili- additional uranium and further fortify unless they are from a country that is tary dictatorship to a genuine democ- their nuclear program. That is why I sharply reducing its oil purchases from racy. There is still a long way to go. think it necessary to intensify the Iran. This is an important step in the right pressure, and move forward quickly The bill also expands sanctions direction. America speaks with one now on this new package that leaves no against Iranian and Syrian officials for voice regarding Burma. My views are doubts about U.S. resolve on this issue. human rights abuses, including against the same as the views of the Obama ad- As we all recognize, economic sanc- those who engage in censorship, jam- ministration as expressed by Secretary tions are not an end: they are a means ming and monitoring of communica- Clinton. to an end. That end is to apply enough tions, and tracking of Internet use by I thank the chairman of the Finance pressure to secure agreement from ordinary Iranian citizens. Committee also for helping us work Iran’s leaders to fully, completely and Many of my colleagues, both Demo- through the process, and particularly verifiably abandon their illicit nuclear crats and Republicans, have helped us Senator COBURN, who had some res- activities. get to this point. I want to particularly ervations about the non-Burma parts Isolated diplomatically, economi- thank Chairman ROS-LEHTINEN of the of this bill. I think we have worked cally, and otherwise, Iran must under- House Foreign Affairs Committee. those out and are moving forward. It is stand that the patience of the inter- Without her help, we would not be an important step in the right direc- national community is fast running here. I also want to thank my col- tion. out. With these new sanctions, includ- leagues, including Senator MENENDEZ,

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13011 who crafted many of its original provi- refined petroleum products; and (v) accel- able to the President under ISA, to include a sions, and Senators SCHUMER, GILLI- erating US diplomatic and economic efforts prohibition on any US person from investing BRAND, LAUTENBERG, BROWN, KYL, LIE- to help allies reduce their dependence on Ira- in or purchasing significant amounts of eq- nian crude oil and other petroleum products. uity or debt instruments of a sanctioned per- BERMAN, and others who contributed Requires periodic reporting to Congress on son, an exclusion from the United States of their ideas. I also want to thank Major- the status of such efforts. aliens who are corporate officers, principals ity Leader REID for his tireless efforts Sec. 201—Expansion of Sanctions with Re- or controlling shareholders in a sanctioned to enact a strong comprehensive sanc- spect to Iran’s Energy Sector: Makes a num- firm, and application of applicable ISA sanctions bill. ber of substantial changes in and additions tions to the CEO or other principal executive Finally, I want to thank the staff to ISA’s energy sanctions. These include (i) officers (or persons performing similar func- who crafted the details of this bill, and increasing the number of required sanctions tions) of a sanctioned firm, which could in- worked long hours in intensive discus- from three to five; (ii) making sanctionable clude a freeze of their US assets. sions over the last several weeks to get certain construction of transportation infra- Sec. 205—Modification of Waiver Standard it done. They include Patrick Grant, structure to support delivery of domestically under the Iran Sanctions Act of 1996: Revises refined petroleum in Iran; (iii) making the standard under section 9 of ISA for waiv- Steve Kroll, Georgina Cannon, Ingianni sanctionable certain barter transactions, and ers of sanctions by the President (i) to re- Acosta and Colin McGinnis of my Com- the purchase or facilitation of Iranian debt quire that energy-related sanctions can only mittee staff; Dr. Yleem Poblete, Matt issued after the date of enactment, that con- be waived if waiver is essential to the na- Zweig, and Ari Friedman of Chairman tribute to Iran’s ability to import refined pe- tional security interests of the United ROS-LEHTINEN’s staff; John O’Hara and troleum products; (iv) extending ISA sanc- States; (ii) require that WMD-related sanc- Andrew Olmem of Senator SHELBY’s tions to persons knowingly participating in tions can only be waived if waiver is ‘‘vital staff, and Shanna Winters, Dr. Richard petroleum resources joint ventures estab- to the national security interests of the Kessler, and Alan Makovsky of Rank- lished on or after January 1, 2002, anywhere United States; (iii) to eliminate the ‘‘perma- in the world in which Iran’s government is a nent’’ waiver in prior law and replace it with ing Member BERMAN’s staff. substantial partner or investor; an exception a one-year renewable waiver; and (iv) to clar- All told, when enacted this bill and is provided for ventures terminated within ify that all waivers must be on a case-by- other efforts by the President will sig- 180 days of enactment; (v) extending ISA case basis. nificantly increase pressure on Iran to sanctions to those providing certain goods Sec. 206—Briefings on Implementation of abandon its illicit nuclear activities. I and services (including construction of cer- the Iran Sanctions Act of 1996: Amends ISA ask unanimous consent to have printed tain infrastructure) that support Iran’s abil- to require briefings by the Secretary of State in the RECORD a detailed summary of ity to develop its petroleum resources; and to the appropriate congressional committees the bill. I urge all my colleagues to (vi) extending ISA sanctions to support for on ISA implementation. support this measure. Iran’s domestic production of petrochemical Sec. 207—Expansion of Definitions under products. the Iran Sanctions Act of 1996: Adds defini- There being no objection, the mate- Sec. 202—Imposition of Sanctions for tions of ‘‘credible information,’’ ‘‘petro- rial was ordered to be printed in the Transportation of Crude Oil from Iran and chemical product,’’ and ‘‘services.’’ ‘‘Credible RECORD, as follows: Evasion of Sanctions by Shipping Compa- information’’ includes public announcements IRAN THREAT REDUCTION AND SYRIA HUMAN nies: Requires imposition of at least five ISA by persons that they are engaged in certain RIGHTS ACT OF 2012 sanctions on a person who owns or operates activities, including those made in a report SECTION-BY-SECTION SUMMARY a vessel that within 90 days after the date of to stockholders, and may include announce- Sec. 1—Short Title, Table of Contents enactment is used to transport crude oil ments by the Government of Iran, and re- Sec. 2—Definitions: Provides that the defi- from Iran to another country; applies only if ports from the General Accountability Office nitions of key terms (‘‘appropriate congres- the President makes a determination, under (GAO), the Energy Information Administra- sional committees,’’ and ‘‘knowingly,’’) will the NDAA, that there is a sufficient supply tion, the Congressional Research Service, or be those found in the Iran Sanctions Act of petroleum and petroleum products from other reputable governmental organizations, (ISA) of 1996, as amended, and that the defi- countries other than Iran to permit pur- or trade or industry publications. ‘‘Petro- nition of ‘‘United States person’’ will be that chasers of petroleum to significantly reduce chemical product’’ is defined consistent with found in the Comprehensive Iran Sanctions, their purchases from Iran; an exception is Executive Order 13590. ‘‘Services’’ include Accountability, and Divestment Act of 2010 provided for transportation of crude oil from software, hardware, financial, professional (CISADA). Also defines ‘‘financial trans- Iran to countries that are exempt from consulting, engineering, specialized energy action,’’ to mean any transfer of value in- NDAA sanctions because they are signifi- information services, and others. volving a financial institution, including cantly reducing such purchases. Also applies Sec. 208—Sense of Congress on Iran’s En- precious metals and various swaps, futures, at least five ISA sanctions to persons that ergy Sector: States the sense of Congress and other activities. own or operate a vessel that conceals the that Iran’s energy sector remains a zone of Sec. 101—Enforcement of Multilateral Iranian origin of crude oil or refined petro- proliferation concern, since the Iranian Gov- Sanctions Regime and Expansion and Imple- leum products transported on the vessel, in- ernment continues to divert substantial rev- mentation of Sanctions: States the sense of cluding by permitting the operator of the enue from petroleum sales to finance its il- Congress that (i) the goal of compelling Iran vessel to suspend the vessel’s satellite track- licit nuclear and missile activities, and that to abandon its efforts to achieve nuclear ing devices, or by obscuring or concealing the President should apply the full range of weapons capacity can be effectively achieved the ownership by the government of Iran, or ISA sanctions to address the threat posed by through a comprehensive policy that in- other entities owned or controlled by Iran. Iran. cludes expansion and vigorous implementa- Ships involved could be barred from US ports Sec. 211—Sanctions for Shipping WMD or tion and enforcement of bilateral and multi- for up to two years. Terrorism-Related Materials to or from Iran: lateral sanctions against Iran, diplomacy, Sec. 203—Expansion of Sanctions with Re- Requires the blocking of assets of, and im- and military planning and options, con- spect to the Development by Iran of WMDs: poses other sanctions on, persons who know- sistent with the President’s 2012 State of the Requires imposition of five or more ISA ingly sell, lease, or provide ships, insurance Union Address; and (ii) that intensified ef- sanctions on persons who export, transfer, or or reinsurance, or other shipping services, forts to counter Iranian sanctions evasion otherwise facilitate the transshipment of for transportation of goods that materially are necessary. goods, services, technology or other items contribute to Iran’s WMD program or its ter- Sec. 102—Diplomatic Efforts to Expand and know or should have known this action rorism-related activities. Applies as well to Multilateral Sanctions Regime: Urges efforts would materially contribute to the ability of parents of the persons involved if they knew by the US to expand the UN sanctions re- Iran to develop WMDs. Also requires ISA or should have known of the sanctionable ac- gime to include (i) imposing additional trav- sanctions to be imposed (subject to certain tivity and to any of subsidiaries or affiliates el restrictions on Iranian officials respon- conditions) on persons who knowingly par- of the persons involved that knowingly par- sible for human rights violations, the devel- ticipate in joint ventures with Iran’s govern- ticipated in the activity. Permits the Presi- opment of Iran’s nuclear and ballistic mis- ment, Iranian firms, or persons acting for or dent to waive sanctions in cases ‘‘vital to the sile programs, and Iran’s support for ter- on behalf of Iran’s government, in the min- national security interest,’’ but requires a rorism; (ii) withdrawing sea- and airport ing, production or transportation of uranium report to Congress regarding the use of such landing rights for Iran Shipping Lines and anywhere in the world. Exempts persons if a waiver; the President must, in any event, Iran Air, for their role in nuclear prolifera- they withdraw from such joint ventures submit a report to Congress identifying oper- tion and illegal arms sales; (iii) expanding within six months after date of enactment. ators of vessels and other persons that con- the range of sanctions imposed on Iran by Sec. 204—Expansion of Sanctions Available duct or facilitate significant financial trans- US allies; (iv) expanding sanctions to limit under the Iran Sanctions Act of 1996: Ex- actions that manage Iranian ports des- Iran’s petroleum development and imports of pands the current menu of sanctions avail- ignated for IEEPA sanctions.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 Sec. 212—Imposition of Sanctions for Pro- seats on the board, or that a US person oth- abridge the authority of a State to issue and vision of Underwriting Services or Insurance erwise controls. Covers activities under the enforce rules governing the safety, sound- or Reinsurance for NIOC and NITC: Requires current US trade embargo with Iran and ness, and solvency of a financial institution five or more ISA sanctions against compa- would apply regardless of whether the sub- subject to its jurisdiction or the business of nies providing underwriting services, insur- sidiary was established to circumvent US insurance pursuant to the McCarran-Fer- ance, or reinsurance to National Iranian Oil sanctions. guson Act. Company (NIOC) or the National Iranian Sec. 219—Securities and Exchange Com- Sec. 223—GAO Reports on Foreign Invest- Tanker Company (NITC) or a successor enti- mission Disclosures on Certain Activities in ment in Iran’s Energy Sector: Mandates re- ty to either company. Provides an exemption Iran: Amends the Securities and Exchange ports from GAO on foreign investment in for persons providing such services for ac- Act of 1934 to require issuers whose stock is Iran’s energy sector, exporters of refined pe- tivities relating to the provision of food, traded on US stock exchanges to disclose troleum products to Iran, entities providing medicine, and medical devices or humani- whether they or their affiliates have know- shipping and insurance services to Iran, Ira- tarian assistance to Iran. ingly engaged in activities (i) described in nian energy joint ventures worldwide, and Sec. 213—Imposition of Sanctions for Pur- section 5 of ISA (energy sector activity); (ii) countries where gasoline and refined petro- chase, Subscription to, or Facilitation of the described in 104(c)(2) or (d)(1) of CISADA (re- leum products exported to Iran are produced Issuance of Iran Sovereign Debt: Requires lated to foreign financial institutions who or refined. the imposition of five or more ISA sanctions facilitate WMD/terrorism, money laun- Sec. 224—Expanded Reporting on Iran’s on persons the President determines know- dering, IRGC activity, and other violations); Crude Oil and Refined Petroleum Products: ingly purchase, subscribe to, or facilitate the (iii) in 105A(b)(2) of CISADA (related transfer Amends section 110(b) of CISADA to require issuance of Iranian sovereign debt, or debt of of weapons and other technologies to Iran additional reporting by the President on the an entity owned or controlled by the Iranian likely to be used for human rights abuses); volume of crude oil and refined petroleum Government, issued on or after the date of (iv) involving persons whose property is products imported to and exported from Iran, the persons selling and transporting enactment. blocked for WMD/terrorism and; (v) involv- crude oil and refined petroleum products, the Sec. 214—Imposition of Sanctions on Sub- ing persons or entities in the government of countries with primary jurisdiction over sidiaries and Agents of UN-Sanctioned Per- Iran (without the authorization of a Federal those persons and the countries in which sons: Amends CISADA to ensure that US fi- department or agency). Provides for periodic those products were refined, the sources of nancial sanctions imposed on UN-designated public disclosure of such information, and financing for such imports and the involve- entities reach those persons acting on behalf communication of that information by the ment of foreign persons in efforts to assist of, at the direction of, or owned or controlled SEC to Congress and the President. Requires Iran in developing its oil and gas production by, the designated entities. Requires the the President to initiate an investigation capacity, importing advanced technology to Treasury Department to revise its regula- into the possible imposition of sanctions as upgrade existing Iranian refineries, con- tions within 90 days of enactment to imple- specified, and to make a sanctions deter- verting existing chemical plants to petro- ment the change. mination within six months. leum refineries, and maintaining, upgrading Sec. 215—Imposition of Sanctions for Sec. 220—Reports on, and Authorization of or expanding refineries or constructing new Transactions with Persons Sanctioned for Imposition of Sanctions with Respect to, the refineries. Certain Activities Relating to Terrorism or Provision of Specialized Financial Messaging Sec. 301—Identifications and Sanctions on Proliferation of WMD: Extends CISADA to Services to the Central Bank of Iran and Iran Revolutionary Guard Corps Officials, impose sanctions on a foreign financial insti- Other Sanctioned Iranian Financial Institu- Agents, and Affiliates: Requires the Presi- tution that facilitates a significant trans- tions: States the sense of Congress that spe- dent to identify, and designate for sanctions, action or transactions or provides significant cialized financial messaging services are a officials, affiliates and agents of the IRGC services not only to certain designated finan- critical link to the international financial within 90 days of enactment, and periodi- cial institutions but also to designated per- system; requires the Secretary of the Treas- cally thereafter; designation requires exclu- sons whose property or interests in property ury to report periodically listing the persons sion of such persons from the United States, are blocked based on their connection to who provide such services to the Central and imposition of sanctions related to WMD Iran’s proliferation of weapons of mass de- Bank of Iran and Iranian banks that have under IEEPA, including freezing their assets struction or support of terrorism. been designated for involvement in WMD or and otherwise isolating them financially. Sec. 216—Expansion of Mandatory Sanc- support for terror, and assessing efforts to Also, outlines priorities for investigating tions with Respect to Financial Institutions cut off the direct provision of such services certain foreign persons, entities, and trans- that Engage in Certain Activities Relating to such institutions. Authorizes the imposi- actions in assessing connections to the to Iran: Requires the Treasury Secretary to tion of sanctions under CISADA or IEEPA on IRGC. Requires the President to report on revise regulations under Section 104 of persons continuing to provide such services designations and provides for a waiver if CISADA to apply rules cutting off access to to the CBI or such other Iranian institutions, vital to the national security interest of the the U.S. financial institutions to foreign fi- subject to an exception for persons subject to US. nancial institutions knowingly facilitating, foreign sanctions regimes that require them Sec. 302—Identification and Sanctions on participating or assisting in, or acting on be- to cut off services to a substantially similar Foreign Persons Supporting IRGC: Subjects half of or as an intermediary, in connection group of Iranian institutions. foreign persons to ISA sanctions if those per- with financial activities involving des- Sec. 221—Identification and Immigration sons knowingly provide material assistance ignated Iranian banks, whether or not the Restrictions on Senior Iranian Officials and to, or engage in any significant trans- transactions are directly with those banks.. their Family Members: Requires the identi- action—including barter transactions—with Sec. 217—Continuation of Sanction for the fication of and denial of visa requests to sen- officials of the IRGC, its agents or affiliates. Government of Iran, the Central Bank of ior officials, including the Supreme Leader, Requires imposition of similar sanctions Iran, and Sanctions Evaders: Requires that the President, members of the Assembly of against those persons who engage in signifi- various sanctions imposed by Executive Experts, senior members of the Intelligence cant transactions with UN-sanctioned per- Order, including blocking the property of the Ministry of Iran, and senior members of the sons, those acting for or on their behalf, or Government of Iran and Iranian financial in- IRGC that are involved in nuclear prolifera- those owned or controlled by them. Provides stitutions, imposing penalties on foreign tion, support international terrorism or the for additional sanctions under IEEPA as the sanction evaders, and blocking the property commission of serious human rights abuses President deems appropriate. Requires the of the CBI, will remain in effect until the against citizens of Iran. Also includes their President to report on designations and President certifies that Iran and the CBI family members. Provides for Presidential waivers, as applicable. Waiver is available if have ceased to support terrorism and Iranian waiver if essential to the national interest or essential to the national security interests development of WMD. if necessary to meet our UN obligations; re- of the US. Sec. 218—Liability of Parent Companies for quires a report to Congress regarding the use Sec. 303—Identification and Sanctions on Violations of Sanctions by Foreign Subsidi- of such a waiver. Foreign Government Agencies Carrying Out aries: Requires the imposition of civil pen- Sec. 222—Sense of Congress and Rule of Activities or Transactions with Certain Iran- alties under the International Emergency Construction Relating to Certain Authori- Affiliated Persons: Requires the President, Economic Powers Act (IEEPA) of up to twice ties of State and Local Governments: States within 120 days and every 180 days there- the amount of the relevant transaction, on the sense of Congress that the US should after, to submit to the appropriate congres- US parent companies for the activities of support actions by States or local govern- sional committees a report that identifies their foreign subsidiaries which, if under- ments, within their authority, including de- each agency of the government of a foreign taken by a US person or in the United termining how investment assets are valued country, other than Iran, that the President States, would violate US sanctions law. Sub- for financial institutions safety and sound- determines knowingly and materially sup- sidiaries are defined as those entities in ness purposes, that are consistent with and ported a foreign person that is an official, which a US person holds more than fifty per- in furtherance of this Act. Amends CISADA agent, or affiliate of IRGC designated pursu- cent equity interest or a majority of the to state that it shall not be construed to ant to IEEPA or various UN Resolutions.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13013 Provides authority for the President to im- vide such service unless the government beneficial interest in those assets (subject to pose various measures described in the sec- ceases its activities intended to jam or re- an exception for certain custodial interests), tion, such as denying assistance under the strict the signals and the US should address and the court also determines that no one Foreign Assistance Act or proscribing cer- the illegal jamming through voice and vote possesses a constitutionally-protected inter- tain US loans to the agency involved. at the UN International Telecommuni- est in the blocked assets under the Fifth Sec. 304—Rule of Construction: Clarifies cations Union. Requires imposition of sanc- Amendment. that sections 301 to 303 sanctions do not tions as in section 401 against individuals Sec. 503—Technical Corrections: Reaffirms limit the President’s authority to designate and firms found to have engaged in censor- longstanding US policy allowing sale of cer- persons for sanction under IEEPA. ship or curtailment of the rights of freedom tain licensed agricultural commodities to Sec. 311—Expansion of US Procurement of expression or assembly of Iran’s citizens. Iran by amending the National Defense Au- Ban to Foreign Persons who Interact with Sec. 411—Codification of Sanctions with thorization Act to allow for continued pay- the IRGC: Requires certification by prospec- Respect to Human Rights Abuses by the Gov- ments related to such commodities. Adjusts tive US government contractors (for con- ernments of Iran and Syria Using Informa- date of delivery of EIA reports. tract solicitations issued beginning 120 days tion Technology: Codifies Executive Order Sec. 504—Expansion of NDAA Sanctions: from the date of enactment) that neither 13606, Blocking The Property And Sus- Amends the NDAA to provide that financial they nor their subsidiaries have engaged in pending Entry into the United States of Cer- institutions located in countries that have significant economic transactions with des- tain Persons with Respect to Grave Human been exempted because they are signifi- ignated IRGC officials, agents, or affiliates. Rights Abuses by the Governments of Iran cantly reducing their reliance on Iranian oil Waiver is also amended, so that it is avail- and Syria Via Information Technology. may continue to do business with the Cen- able if ‘‘essential to the national security in- Sec. 412—Clarification of Sensitive Tech- tral Bank of Iran only for petroleum trans- terests.’’ Establishes a minimum procure- nologies for Purposes of Procurement Ban actions and limited bilateral trade between ment ban penalty of two years for violators. under CISADA: Requires the Secretary of Iran and those countries; for the first time Sec. 312—Sanctions Determinations on State to issue guidelines, within 90 days of treats state-owned banks (other than central NIOC and NITC: Amends CISADA to require the date of enactment, describing tech- banks) as subject to the same sanctions rules the Secretary of the Treasury to determine nologies that may be considered ‘‘sensitive as foreign private banks; provides incentives and notify Congress whether the National technologies’’ for the purposes of Sec. 106 of for ‘‘significantly reducing’’ countries to re- Iranian Oil Company (NIOC) and the Na- CISADA, with special attention to new tech- duce to zero; clarifies that ‘‘significantly re- tional Iranian Tanker Company (NITC) are nologies, determine the types of technology ducing’’ includes a reduction in price or vol- agents or affiliates of the IRGC. If found to that enable Iran’s indigenous capabilities to ume toward a complete cessation of crude oil be IRGC entities, sanctions apply to trans- disrupt and monitor information and com- imports; ties termination date to termi- actions or relevant financial services for the munications, and review the guidelines no nation certification in CISADA. Makes other purchase of petroleum or petroleum products less than once each year, adding items to the technical corrections. Sec. 505—Report on Natural Gas Exports from the NIOC or NITC, but only if the guidelines as necessary. from Iran: Requires the Administrator of the President determines that there exists a suf- Sec. 413—Expedited Processing of Human Energy Information Administration to sub- ficient supply of petroleum from countries Rights, Humanitarian, and Democracy Aid: mit a report to Congress and the President other than Iran to permit purchasers to sig- Requires the Office of Foreign Assets Control within 60 days on Iran’s natural gas sector, nificantly reduce in volume their purchases (OFAC) of the Treasury Department to es- including an assessment of exports of Iranian from Iran. Provides for an exception to fi- tablish a 90-day process to expedite proc- natural gas, identification of countries pur- nancial institutions of a country that is sig- essing of US Iran-related humanitarian, chasing the most Iranian natural gas, assess- nificantly reducing its purchases of Iranian human rights and democratization aid by en- ment of alternative supplies available to petroleum or petroleum products within tities receiving funds from the State Depart- those countries, and assessment of the im- specified periods which track those provided ment; the Broadcasting Board of Governors; pact a reduction on exports would have on for in section 1245 of the FY 2012 National and other federal agencies. Requires the global supplies and pricing. Requires the Defense Authorization Act. State Department to conduct a foreign pol- President to submit a report to Congress Sec. 401—Sanctions on those Complicit in icy review within 30 days of request submis- within 60 days of receiving the EIA report, Human Rights Abuses: States the sense of sion. Provides for additional time for proc- and using the information it contains to pro- Congress that the Supreme Leader, senior essing of applications involving certain spec- vide analysis and recommendations on the members of the Intelligence Ministry, senior ified sensitive goods and technology, and re- revenues received by Iran from its natural members of the IRGC and paramilitary quests involving extraordinary cir- gas exports and whether further steps should groups, and other Ministers, are responsible cumstances. be taken to limit such revenues. for directing and controlling serious human Sec. 414—Comprehensive Strategy to Pro- Sec. 506—Report on Membership of Iran in rights abuses against the Iranian people and mote Internet Freedom in Iran: Requires the International Organizations: Requires the should be included on the list of persons re- Administration to devise a comprehensive Secretary of State to submit a report to Con- sponsible for or complicit in those abuses strategy and report to Congress on how best gress listing the international organizations and subject to property blocking and other to assist Iran’s citizens in freely and safely of which Iran is a member and detailing the CISADA 105 sanctions. Requires a report to accessing the Internet, developing counter- amount the US contributes to each such or- appropriate congressional committees with- censorship technologies, expanding access to ganization annually. in 180 days detailing the involvement of the ‘‘surrogate’’ programming including Voice of Sec. 507—Sense of Congress on Exportation persons mentioned above in human rights America’s Persian News Network, and Radio of Goods, Services, and Technologies for Air- abuses against the citizens of Iran. FARDA inside Iran, and taking other similar craft Produced in the US: States the sense of Sec. 402—Sanctions on those Transferring measures. Congress that licenses to export or re-export to Iran Certain Goods or Technologies: Im- Sec. 415—Statement of Policy on Political goods, services, or technologies for aircraft poses sanctions provided for in CISADA, in- Prisoners: Declares the policy of the US to produced in the US should be provided, in cluding a visa ban and property blocking/ expand efforts to identify, assist, and protect the case of Iran, only in situations where asset freeze, on persons and firms which sup- prisoners of conscience in Iran, intensify such licenses are essential and in a manner ply Iran with equipment and technologies in- work to abolish Iranian human rights viola- consistent with US laws and foreign policy cluding weapons, rubber bullets, tear gas and tions, and publicly call for the release of po- goals. other riot control equipment, and jamming, litical prisoners, as appropriate. Sec. 601—Implementation; Penalties: Pro- monitoring and surveillance equipment Sec. 501—Exclusion of Certain Iranian Stu- vides the President with the necessary proce- which the President determines are likely to dents from the US: Requires the Secretary of dural tools to administer the provisions of be used by Iranian officials to commit State to deny visas and the Secretary of the new law, including subpoena and other human rights abuses. Requires the President Homeland Security to exclude certain Ira- enforcement authorities for specified provi- to maintain and update lists of such persons nian university students who may seek to sions of the bill. who commit human rights abuses, submit come to the U.S. to study to prepare for Sec. 602—Applicability to Authorized Intel- updated lists to Congress, and make the unwork in Iran’s energy sector or in fields re- ligence Activities: Provides a general exemp- classified portion of those lists public. Re- lated to its nuclear program, including nu- tion for authorized intelligence activities of quires the President to report on designa- clear sciences or nuclear engineering. the U.S. tions and waivers, as applicable. Sec. 502—Interests in Financial Assets of Sec. 603—Applicability to Certain Natural Sec. 403—Sanctions on those Engaging in Iran: Makes certain blocked assets available Gas Projects: Contains special conditions for Censorship and Repression in Iran: States for execution to satisfy any judgment or a project outside Iran of substantial impor- the sense of Congress that satellite service judgments to the extent of any compen- tance to U.S. national interests and Euro- providers and other entities that directly satory damages against Iran for state-spon- pean energy security interests and energy provide satellite service to the Iranian gov- sored terrorism, so long as the court deter- independence from the Government of the ernment or its entities should cease to pro- mines that Iran has an equitable title to or Russian Federation.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13014 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 Sec. 604—Rule of Construction: Provides longstanding leadership on this issue. place penalties on the U.S. parent com- that nothing in this Act shall be construed As I have previously noted, it is long pany? as a declaration of war or an authorization past time for foreign subsidiaries of Mr. JOHNSON of South Dakota. Yes. of the use of force against Iran or Syria. Sec. 605—Termination: Provides for termi- U.S. companies to end their business in That is my intent. nation of some provisions of the new law if Iran. That is already happening due to Mr. LAUTENBERG. I thank Chair- the President certifies as required in US and international pressure on the man JOHNSON for all of his work on this CISADA that Iran has ceased its support for business and financial sectors, and this important Iran sanctions package. Iran terrorism and ceased efforts to pursue, ac- new provision will accelerate that continues to defy numerous United Na- quire or develop weapons of mass destruction process. Firms realize the huge risks tions Security Council resolutions. It and ballistic missiles and ballistic missile such activity poses, reputationally and funds Hamas, Hezbollah, and other ter- launch technology, and has verifiably dis- rorist organizations, and it commits mantled its WMD. otherwise, to their companies. I note Sec. 701—Short Title for Title VII: The that it is already a violation of U.S. severe human rights abuses against its ‘‘Syria Human Rights Accountability Act of law for U.S. subsidiaries to engage in own people. We must do everything we 2012.’’ sanctionable activity in Iran’s energy can to place as much pressure on the Sec. 702—Sanctions on those Responsible sector and certain other activities Iranian regime as possible to change for Human Rights Abuses of Syria’s Citizens: under U.S. sanctions laws. It is also a its behavior, and I am pleased that we Requires the President to identify within 90 days, and sanction under IEEPA, officials of violation of U.S. trade law for a U.S. have finally closed this loophole in cur- the Syrian government or those acting on firm to do business of any kind in Iran rent law and put U.S. companies on no- their behalf who are complicit in or respon- via a subsidiary that it directs. The tice that they will be held responsible sible for the commission of serious human balance that has been struck in prior for the activities of their subsidiaries rights abuses against Syria’s citizens, re- law is to focus only on the activity of with respect to Iran. gardless of whether the abuses occurred in U.S. companies. Foreign subsidiaries Mr. REID. I move to concur in the Syria. House amendment, and I believe the Sec. 703—Sanctions on those Transferring are not, by definition, U.S. companies, to Syria Technologies for Human Rights and your provision takes a major new Senate is ready to act on this motion. Abuses: Requires the President to identify step forward in this area of the law. I The PRESIDING OFFICER. The and sanction persons determined to have en- agree with you that the way we have question is on agreeing to the motion. gaged in the transfer of technologies—in- addressed this issue authorizing for the The motion was agreed to. cluding weapons, rubber bullets, tear gas and first time penalties on U.S. parents if Mr. REID. I ask unanimous consent other riot control equipment, and jamming, their foreign subsidiaries engages in an that the motion to reconsider be laid monitoring and surveillance equipment— activity that would be sanctionable if upon the table with no intervening ac- which the President determines are likely to tion or debate and that any statements be used by Syrian officials to commit human committed by a U.S. person—is a sound rights abuses or restrict the free flow of in- and responsible one, and will hopefully related to this bill be printed in the formation in Syria. Provides for exceptions shut down this activity once and for RECORD. where a person has agreed to stop providing all. The PRESIDING OFFICER. Without such technologies, and agreed not to know- Mr. LAUTENBERG. Does the chair- objection, it is so ordered. ingly provide such technologies in the fu- man agree that the language in the bill Mr. JOHNSON of South Dakota. Hu- ture. Requires the President to report on currently under consideration would manitarian trade, including agricul- designations and waivers, where applicable, tural commodities, food, medicine and and to update the list periodically. apply the same penalties that can be Sec. 704—Sanctions on those Engaging in imposed on U.S. companies that di- medical products has long been specifi- Censorship and Repression in Syria: Requires rectly violate the U.S. trade ban to cally exempted by Congress from suc- the President to identify and report to Con- those U.S. parent companies whose for- cessive rounds of Iran sanctions legis- gress within 90 days of enactment those per- eign subsidiaries are doing business lation, as long as such trade is licensed sons and firms found to have engaged in cen- with Iran? by the Department of the Treasury’s sorship or repression of the rights of freedom Mr. JOHNSON of South Dakota. The Office of Foreign Assets Control, or of expression or assembly of Syria’s citizens, bill would authorize the imposition of OFAC. and impose sanctions under IEEPA on such With the sharp drop in the value of persons. Requires periodic updating of the similar civil penalties on such U.S. par- list, and public access via the websites of the ent companies. Iran’s currency, and the worsening eco- Departments of State and Treasury. Mr. LAUTENBERG. Does the chair- nomic situation in Iran, it is becoming Sec. 705—Waiver: Provides for Presidential man also agree that this language sub- more apparent that U.S. financial sanc- national security interest waiver for Syria jects to penalties U.S. parent compa- tions targeting Iran’s banking sector provisions; requires a report to Congress on nies if their foreign subsidiaries knew are causing increased concern among the reasons for the waiver. U.S. and other businesses, and banks of Sec. 706—Termination: Provides for termi- or should have known that the sub- nation of the Syria provisions if the Presi- sidiary was directly or indirectly doing our allies engaged in such trade. dent certifies that certain conditions are business with an Iranian entity, even if The fear is that engaging in humani- met. it was the case that the parent compa- tarian trade in the current sanctions PARENT COMPANIES nies were not actually aware of the ac- environment might lead to sanctions Mr. LAUTENBERG. Mr. President, I tivity of the subsidiary? for legitimately licensed humanitarian rise today to engage in a colloquy with Mr. JOHNSON of South Dakota. I trade. We must underscore with other my friend, the distinguished Chairman agree this legislation mandates pen- countries and their banks that humani- of the Senate Committee on Banking, alties on a U.S. parent company if its tarian trade with Iran is not subject to Housing, and Urban Affairs, regarding foreign subsidiary has knowledge or sanctions if it is appropriately licensed HR 1905, the Iran Threat Reduction and should have had knowledge that the by OFAC. Syria Human Rights Act of 2012. I want subsidiary was doing prohibited busi- This has been a concern since the to thank the chairman for crafting a ness with Iran, even if the U.S. parent Senate first considered this bill and strong sanctions package that includes company has no knowledge of these this concern still remains. It is not and language I authored to close a loophole transactions. has not been the intent of U.S. policy in current law that allows foreign sub- Mr. LAUTENBERG. And does the to harm the Iranian people by prohib- sidiaries of U.S. companies to continue chairman agree that this requirement iting humanitarian trade that is li- doing business with Iran without im- that the foreign subsidiary knew or censed by the U.S. Treasury Depart- posing any penalties on their U.S. par- should have known that they were ment, and we should do all we can to ent companies. We must close this doing business with Iran relates only avoid this outcome. OFAC consistently loophole once and for all, and I am to the actual business transaction and issues many licenses, both general and pleased the Chairman agrees with me. does not require that the subsidiary specific, for this type of trade. Mr. JOHNSON of South Dakota. I had or should have had knowledge of The practical financing difficulties thank Senator LAUTENBERG for his current U.S. sanctions law in order to arising today between banks and those

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.001 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13015 engaging in licensed humanitarian REMEMBERING CHIEF ROD mous consent that said article appear trade can be best addressed by U.S. MAGGARD in the RECORD. government officials, who should do Mr. MCCONNELL. Mr. President, I There being no objection, the mate- more to make it clear that no U.S. rise today in memory of former Hazard rial was ordered to be printed in the sanctions will be imposed against Police Chief Rod Maggard. Chief RECORD, as follows: third-country banks that facilitate Maggard was a prominent member of [From the Hazard Herald, June 20, 2012] OFAC-licensed or exempted humani- the Perry County, KY, community, and ROD MAGGARD tarian trade. The Administration must he dedicated his life to serving his Rodney Mitchell Maggard, 68, of Hazard, continue to make this clear in public country, State, and city. passed away on Wednesday, June 13, at the statements, in private meetings with A native of the southeastern Ken- hospice care center in Hazard. He was the foreign financial institutions, and else- tucky region, Chief Maggard was born former director of the Rural Law Enforce- where as appropriate. Misinterpreta- on April 9, 1944, to Ivory and Margaret ment Technology Center and former chief of tion of U.S. law, among foreign finan- Maggard. After graduating from Cum- police with the Hazard Police Department. cial institutions, should no longer deny berland High School, he attended He was the son of the late Ivory Mitchell the people of Iran the benefit of OFAC- Southeast Community College. Shortly Maggard and the late Margaret McIntosh Maggard, and was also preceded in death by approved humanitarian trade. thereafter, Chief Maggard received his his brother, James Charles Maggard. Mr. REID. I am pleased that the Sen- draft notice for the Vietnam War. Ini- He is survived by his wife, Beverly ate has just passed the final version of tially, he was stationed in Biloxi, MI, Maggard; daughters Lesley Buckner and hus- the Iran Sanctions legislation. where he worked as a Morse radio band Jay, Brandi Townsley and husband Jeff, I want to thank Senators JOHNSON, intercept operator, and he ultimately and Vali Dye and husband Kevin; brother Tommy Wayne Maggard; godson Anthony SHELBY and MENENDEZ for their leader- served a 14-month tour in DaNang, Bersaglia; grandchildren Ali Townsley, ship and all of their hard work getting Vietnam. Chief Maggard became a State troop- Walker Townsley, Mitchell Buckner, Gray- this bill completed. son Dye, and Avery Dye; along with a host of At a time when Iran continues to er in 1967 when he returned home from family and friends. defy the international community with the war. He was a decorated trooper Arrangements were handled by Maggard its nuclear weapons program, it is crit- and even received the Trooper of the Mountain View Chapel of Hazard. Funeral ical we continue to tighten our sanc- Year Award for the Hazard KSP Post. services were held on Saturday, June 16, at tions regime. In 1981, Maggard left public service and the Forum, with Dr. Bill Scott and Rev. Chris Fugate officiating. Interment was at This legislation expands our existing became director of Blue Diamond Coal’s security. However, in 1991, he re- Charlie Maggard Cemetery at Blair, Ken- sanctions on Iran’s energy sector, and tucky. imposes new sanctions targeting ship- turned to public duty when he accepted ping and insurance. the position of police chief for the City f of Hazard. Iran continues to try to evade exist- REMEMBERING AURORA’S LOSS His career was highly distinguished ing sanctions. But this legislation, in as he earned many different forms of Mr. LEVIN. Mr. President, as we gain combination with newly announced recognition. Chief Maggard was invited perspective on the recent horrific measures by the Obama administra- to the White House to represent the shooting in Aurora, CO, our thoughts tion, closes loopholes and stops the use Kentucky Chiefs of Police; he also and prayers are with the victims, their of front companies or financial institu- served on the Kentucky Law Enforce- families, and on all those who have tions to get around international sanc- ment Council from 1995 to 2001; in 1997 been impacted by this tragedy. I, like tions. he was appointed to the National Law many Americans, have been uplifted by Our current sanctions, and a recent Enforcement and Corrections Tech- the many examples of courage and her- European Union ban on purchasing Ira- nology Center Advisory Council; and he oism that have emerged from this dark nian oil, have already had an impact. was president of the Kentucky Associa- moment. A young woman refusing to In spite of the rhetoric coming out of tion of Chiefs of Police from 1999 to leave her injured friend, pulling her out Iran, the regime is clearly feeling the 2000. In 2001, Chief Maggard retired of harm’s way. A man giving his life to heat. from the police force and became the shield a loved one. A 19-year-old step- Oil exports are down by 50 percent, director of the Rural Law Enforcement ping back into danger to rescue a and the Iranian currency has lost near- Technology Center in Hazard. mother and her two young daughters. ly 40 percent of its value. Though a decorated police officer and These stories and the others that will Iranian tankers full of oil are crowd- public servant, the legacy Chief Rod almost certainly emerge as time goes ing the waters around Iran, acting as Maggard hoped to leave was that of a on serve as powerful reminders of the floating storage facilities for oil the good member of his community. Cur- simple decency that makes our Nation rogue nation cannot sell. rent Hazard police chief Minor Allen strong. Over the past year, I have come to said that Chief Maggard was not just a But as we reflect on these stories, it the floor many times urging passage of mentor but more like a second father is also important that we begin to un- this measure. to him. It was his love of Hazard and derstand what caused or contributed to I am pleased we have finally com- Kentucky that set Maggard apart as a this heinous act. When the alleged pleted this important work. great police chief, and that is the rea- shooter burst into the theater, he There is no time to waste, as the Ira- son why Rod will be dearly missed by opened fire on the audience with an nian regime continues to threaten our those he knew and with whom he AR–15 assault rifle. The AR–15 is a type ally Israel and the national security of worked. of military-style assault weapon, built the United States. Today, I ask that my colleagues in for no purpose other than combat. Ac- the U.S. Senate would join me in hon- cording to the Congressional Research f oring Chief Rod Maggard. I extend my Service, they were designed in the most sincere condolences to his wife, aftermath of the Second World War to Beverly; their daughters, Lesley give soldiers a weapon suited for the MORNING BUSINESS Buckner, Brandi Townsley, and Vali modern battlefield. Such weapons often Mr. REID. Mr. President, I ask unan- Dye; his sons-in-law; brother; grand- use high-capacity ammunition maga- imous consent that the Senate proceed children; and many more beloved fam- zines, which allow shooters to continu- to a period of morning business, with ily members and friends. The Hazard ously fire rounds without reloading. It Senators allowed to speak for up to 10 Herald, a publication from Hazard, KY, has been reported that the alleged minutes. published an obituary that highlighted shooter used an oversized drum maga- The PRESIDING OFFICER. Without Chief Maggard’s outstanding service to zine, which reports have indicated objection, it is so ordered. Kentucky. Mr. President, I ask unani- could fire 100 rounds without reloading.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13016 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 Between 1994 and 2004, a Federal ban uate of the University of Idaho, took enrollment of 9,000 students, has flour- prohibited the purchase of assault home the gold. She returned to racing ished into a system of 15 schools that weapons. The idea was that if we took in 2011 after a retirement to give birth now serve more than 155,000 college lethal weapons with no sporting pur- to her son, Lucas. students and more than 254,000 non- pose off the streets, it would make our Throughout her racing career, Kris- credit students in every corner of the society safer and protect American tin has demonstrated remarkable dedi- State. Together, these students rep- lives. Our law enforcement community cation and strength. Despite breaking resent nearly 22 percent of Iowa’s strongly supported it. And it worked. her collarbone in the Exergy Tour in working population. After the ban was enacted, Brady Cam- Idaho 2 months ago and sustaining This will forever stand as Jack paign studies observed a 66 percent de- minor injuries from a crash just a few Kibbie’s great legacy—a living legacy crease in the number of assault weap- days before her London win, Kristin did that will enrich and empower Iowans ons that the Bureau of Alcohol, To- not let these difficulties hold her back. far into the future. By 2018, for in- bacco, and Firearms, ATF, traced back She surpassed many skillful competi- stance, Iowa will add 101,000 jobs re- to a crime scene. When assault weap- tors to once again achieve the gold quiring postsecondary education, ac- ons were taken off the market, our Na- medal while also becoming the oldest cording to the Georgetown University tion became safer. But, unfortunately, champion in a road cycling event. Center on Education and the Work- Congress allowed the assault weapons Kristin’s time of 37 minutes and 34.82 force. By this same year, nearly two ban to lapse in 2004, and repeated ef- seconds for the 18-mile course was out of every three jobs in Iowa will re- forts to reinstate it have been unsuc- more than 15 seconds faster than the quire postsecondary training beyond cessful. silver medalist. These are considerable high school. At a time when commu- So this past May, when the alleged accomplishments. nity colleges are needed more than gunman walked into a local gun shop, We join the many Idahoans and ever to help the United States regain he was able to purchase an AR–15 as- Americans who applaud Kristin’s com- its standing as the Nation with the sault rifle. The sale was completely mitment and excellence. We also com- highest proportion of college graduates legal. Two months later, he used that mend Kristin’s friends and loved ones, in the world, Iowa’s system—thanks to same weapon to open fire on a movie including her husband, Joe Savola, and Jack Kibbie’s life’s work—is up to that theater, filled with innocent people. son, Lucas William Savola, who have task. The oversized ammunition magazine supported Kristin. Kristin is truly a Another legacy of Jack Kibbie—often allowed him to fire continuously. gifted athlete with immense abilities overlooked—is his leadership in ensur- Thankfully, the weapon jammed during and talents. Her capacity to push for- ing that the Iowa Public Employee Re- the attack, and he was forced to switch ward beyond the challenges provides tirement System is rock-solid. Jack has fought to ensure Iowa has one of to one of the other three firearms he encouragement to all of us, and we con- the best funded public pension funds in had purchased, legally, in the pre- gratulate her on this, and her many, the United States because he believes ceding weeks. He killed 12 and injured extraordinary achievements. strongly in providing workers with tra- 58. Some were fathers and sons, moth- f ditional pensions. I couldn’t agree ers and daughters. They were all indi- JOHN ‘‘JACK’’ KIBBIE more. viduals with plans and dreams. Some And I don’t think there is anyone in were members of our armed services, Mr. HARKIN. Mr. President, I have come to the floor today to pay tribute Iowa who has been more persistent and who had volunteered to fight for our determined—going back many years— country. to a truly exceptional public servant and fellow Iowan, Jack Kibbie. Jack is in championing alternative fuels such Mr. President, as elected officials, as ethanol, biodiesel, and wind energy. our greatest responsibility is to protect retiring this year after 32 years of public service in the Iowa State Legisla- Today, Iowa is the No. 1 biofuels pro- the lives of the American people. A re- ducer in the United States and that is newal of the Federal ban on assault ture. A decorated war hero before his time in office, Jack was awarded the in no small measure thanks to Jack weapons would help keep these combat Kibbie. Bronze Star for his service as a tank weapons off our streets and out of our Mr. President, Jack Kibbie’s retire- commander during the Korean war. neighborhoods. It would prevent them ment is a tremendous loss for Iowans. from getting into the hands of crimi- After serving 4 years each in the Iowa For more than five decades Jack has nals who can legally buy them today or House of Representatives and the Iowa fought for them and stood up for the who can easily secure a straw pur- Senate, he left the Senate in 1968 but values that make this country great. I chaser to do so. They aren’t used to returned in 1988 and has served ever wish him a long and happy retirement hunt; they are too often used to kill. I since. The longest serving Senate presi- with his wife Kay and family. urge my colleagues to reinstate the dent in Iowa’s history, Jack has dedi- f Federal ban on assault weapons and to cated his life to fighting for Iowans and take up and pass legislation like S. 32, all Americans and I am truly proud to JUSTICE FOR THE BYTYQI FAMILY the Large Capacity Ammunition Feed- have the opportunity to honor his life’s Mr. CARDIN. Mr. President, today is ing Device Act, which would prohibit work today. the 37th anniversary of the Helsinki the sale of military-style ammunition Jack has spent much of his time in process. Starting with the signing of cartridges. We can honor the memory public office supporting Iowa students. the Helsinki Final Act on August 1, of those who lost their lives in Aurora Known as the ‘‘Father of Iowa’s Com- 1975, this process began as an ongoing in many ways—one would be by passing munity Colleges,’’ he sponsored the conference which helped end the Cold such legislation. 1965 bill that created Iowa’s commu- War and reunite Europe. It has contin- nity college system. Later on, Jack f ued as a Vienna-based organization served on the Iowa Lakes Community that today seeks to resolve regional CONGRATULATING KRISTIN College Board for 17 years and was conflicts and promote democratic de- ARMSTRONG president for 10 of those years. What is velopment and the rule of law through- Mr. CRAPO. Mr. President, my col- most remarkable about all of this work out the region. league Senator JIM RISCH joins me is that Jack himself does not have a While serving in both chambers of today in congratulating fellow Idahoan college degree, but he spent his life the U.S. Congress, it has been a unique Kristin Armstrong, who won her second making sure his fellow Iowans had the and rewarding privilege to engage in consecutive gold medal in the Olympic opportunity to attain one. Over the this diplomatic process and its par- cycling time trial. Kristin’s persever- years, we have seen the Iowa commu- liamentary component as a member ance and drive is an inspiration. nity college system grow and succeed. and chairman of the U.S. Helsinki In the 2008 Olympics in Beijing, Kris- The statewide community college stu- Commission, with the goal of improv- tin, who is a Boise resident and grad- dent body, which began with a modest ing the lives of everyday people. While

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13017 they may be citizens of other coun- neighboring Bosnia, these cases show Commissioners. Joel has not only tries, promoting their human rights that Serbia has not completely put an served his community as a commis- and fundamental freedoms helps us to ugly era in its past behind it. For that sioner but has regularly come to Wash- protect our own. It is, therefore, in our reason, not only does the surviving ington to bring his message before con- national interest to engage in this Bytyqi family in New York, as well as gressional committees and directly to process. the friends and family of Slavko Members. Wyoming Governor Matt On this anniversary, however, I do Curuvija, still need to have the satis- Mead writes that Joel is, ‘‘a proven want to focus on three U.S. citizens faction of justice. The people of Serbia leader who is well respected in all cir- who suffered the ultimate violation of need to see justice triumph in their cles—from the halls of Congress to the their human rights when they were country as well. Wyoming Capitol and from the taken into a field and shot, delib- I want to thank the U.S. Mission to Sublette County Building to a con- erately murdered, in July 1999 by a spe- the OSCE in Vienna, which under the stituent’s kitchen table.’’ cial operations unit under the control leadership of Ambassador Ian Kelly I am proud to have the opportunity the Interior Ministry in Serbia. They continues to move the Helsinki process to recognize Joel’s achievements with were brothers: Ylli, Agron and Mehmet forward, for recently raising the Senator BARRASSO as a 2012 inductee Bytyqi. Bytyqi murders and calling for justice. into the Wyoming Agriculture Hall of The Bytyqi brothers were Albanian- I also want to commend the nominee Fame. Wyoming and its public lands Americans from New York. Earlier in for U.S. Ambassador to Serbia, Michael are well served by his lasting and con- 1999, they went to Kosovo to fight as David Kirby, for responding to my tinuing contributions to our State. members of the Kosovo Liberation question on the Bytyqi and Curuvija f Army in a conflict which eventually cases at his Foreign Relations Com- TRIBUTE TO GENE HARDY prompted a NATO military interven- mittee hearing by expressing his com- tion designed to stop Serbian leader mitment, if confirmed, to make justice Mr. BARRASSO. Mr. President, dur- Slobodan Milosevic and his forces. in these cases a priority matter. On ing Wyoming’s State Fair, Senator When the conflict ended, the Bytyqi this anniversary of the Helsinki Final ENZI and I will have the honor of in- brothers assisted ethnic Roma neigh- Act, I join their call for justice. ducting Gene Hardy into the Wyoming Agriculture Hall of Fame. bors of their mother in Kosovo by es- f corting them to the Serbian border. Wyoming ranchers care for the land Accidently straying into Serbian terri- TRIBUTE TO JOEL BOUSMAN because it cares for them and their tory, they were arrested and sentenced Mr. ENZI. Mr. President, I rise to families. The Hardy Ranch tradition to 2 weeks in jail for illegal entry. speak on behalf of Joel Bousman who began in 1920 when Gene’s father home- When released from prison, they were will be inducted into the Wyoming Ag- steaded in Converse County, WY. By not freed. Instead, the Bytyqi brothers riculture Hall of Fame later this the 1930s, the Hardy family was pro- were transported to an Interior Min- month at the 100th Wyoming State ducing both cattle and sheep. Gene istry training camp in eastern Serbia, Fair. Since 1992, Wyoming has recog- Hardy is a third generation rancher where they were brutally executed and nized the individuals each year who continuing the family business of buried in a mass grave with 75 other have made substantial contributions to multi-species livestock production. Ad- ethnic Albanians from Kosovo. Two agriculture in our State. This year I ditionally, he balances wildlife and en- years later, after the fall of the have the honor of presenting this ergy production on the Hardy Ranch. Milosevic regime, their bodies were re- award to Joel with my colleague Sen- Balancing the ranch’s resources has led covered and repatriated to the United ator BARRASSO. Gene to also be an industry leader in States for burial. Joel Bousman is a fourth generation terms of multiple use land manage- Ylli, Agron and Mehmet were never rancher and operator of Eastfork Live- ment. given a fair and public trial, an oppor- stock in Boulder, WY. Actively in- Mr. President, innovative is a word tunity to defend themselves, or any volved in the Wyoming Stock Growers that describes Gene. He has organized semblance of due process. Their post- Association, he is admired for his lead- his livestock operation to improve pro- conflict, extrajudicial killing was cold- ership in the State’s livestock indus- duction utilizing land management blooded murder. try. Having served as regional vice through aerial monitoring. As a pilot, In the last decade Serbia has made a president of the Wyoming Stock Grow- he has been flying planes for 50 years remarkable recovery from the ers and president of the Green River over the Hardy Ranch with the result Milosevic era. I saw this myself last Valley Cattleman’s Association, Joel is being profitable livestock production year when I visited Belgrade. This a determined advocate and defender of and sustainable grazing. Furthermore, progress, however, has not sufficiently agriculture. he has focused on innovation through infiltrated the Interior Ministry, af- Wyoming ranchers are known nation- superior genetics to produce quality fording protection to those who par- wide for their stewardship and Joel livestock. ticipated in the Bytyqi murders and leads by example with his own oper- Gene is committed to the livestock other egregious Milosevic-era crimes. ation and when grazing on public lands. industry. He works tirelessly to help Nobody has been held accountable for In 2003, he was presented with the Wyo- his fellow producers. Previously, Gene the Bytyqi murders. Those in command ming Stock Growers Environmental served as president of the Wyoming of the camp and the forces operating Stewardship Award and was most re- Wool Growers Association and on there have never been charged. cently presented with the 2011 Guard- boards for the Wyoming Stock Growers The same situation applies to the ian of the Range Award. Bousman’s Association. However, his involvement April 1999 murder of prominent jour- nomination letter reads, ‘‘He was a pio- does not stop there. He is still actively nalist and editor Slavko Curuvija, who neer in initiating grazing monitoring involved in many local, State, and na- testified before the Helsinki Commis- that is conducted jointly by the federal tional agricultural organizations. Cur- sion on the abuses of the Milosevic re- land agencies and the grazing permit- rently, Gene serves as the chairman of gime just months before. There needs tees.’’ To this day, he remains active in the American Sheep Industry Associa- to be justice in each of these cases, but promoting joint efforts to improve tion’s Predator Management Com- together with other unresolved cases grazing and wildlife habitat on Wyo- mittee. Gene’s dedication and leader- they symbolize the lack of trans- ming’s working lands. ship will help ensure the success of the parency and reform in Serbia’s Interior Wyoming Agriculture Hall of Fame industry for future generations of Ministry to this day. Combined with Award recipients are also expected to agriculturalists. continued denials of what transpired serve their communities and Joel has As my friend Bryce Reece, executive- under Milosevic in the 1990s, including been no exception as the chairman of vice president of the Wyoming Wool the 1995 genocide at Srebrenica in the Sublette County Board of County Growers Association, remarked, ‘‘We

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13018 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 need a lot more Gene Hardy’s in this World War II Victory Medal, Occupa- day. Her dedication to community world.’’ tion Medal and National Defense service is commendable, and I am Mr. President, I ask my colleagues to Medal. At an event honoring her, proud that she calls Nevada home. join me and Senator ENZI in congratu- former U.S. Secretary of Defense Wil- After Sofia came to Carson City, NV, lating Gene Hardy, 2012 inductee into liam Perry said, ‘‘When you hear about just more than 20 years ago, she dedi- the Wyoming Agriculture Hall of women seizing new opportunities to cated her time to investing in the Sil- Fame. Wyoming lands and livestock serve, remember that they march be- ver State. Whether it was through are better because of his service. hind Colonel Rasmuson.’’ working for the University of Nevada’s f Mary Louise’s impact can be felt vir- Cooperative Extension or volunteering tually everywhere in Alaska, whether for the local senior citizen’s center, ADDITIONAL STATEMENTS improving the position of families, Sofia’s commitment to the betterment founding a world-class museum, en- of her State and community is com- REMEMBERING MARY LOUISE hancing research in healthcare, and ad- mendable. She serves as an example to RASMUSON vancing understanding of Alaska Na- us all, and I hope that many more will tive cultures on a national stage. Her follow in her footsteps. ∑ Mr. BEGICH. Mr. President, I wish to contributions have reached every cor- Sofia’s dedication to the betterment recognize the passing of one of Alaska’s ner of Alaska, from Ketchikan to of others does not stop with her local most endeared philanthropists, Mary Gambell. community of Carson. A devoted moth- Louise Rasmuson. Mrs. Rasmuson died Mrs. Rasmuson arrived in Alaska in er, grandmother, and great-grand- on July 30, 2012, at her home in Anchor- 1962 after her marriage to Elmer E. mother, she is the lifeblood of her fam- age, AK. Mary Louise Rasmuson was a Rasmuson, chairman of National Bank ily. beloved Alaska pioneer who saw oppor- of Alaska. Together, they made a for- Mr. President, I am proud to call tunity in every challenge. She was gen- midable team influential in the public Sofia one of Nevada’s own and wish her erous in spirit and deed, and through and civic agenda in a rapidly devel- a very happy 100th birthday. On behalf her family foundation made Alaska a oping city and State. She quickly of the State and the residents of Car- much stronger and vibrant state. adapted to life in Alaska and became son City, I thank her for her service Intelligent. Diplomatic. Principled active in several community groups. and wish her all the best.∑ and ethical. Gentle but firm. Mrs. One of her most visible impacts on f Rasmuson spent her life breaking bar- Alaska came from her service as head TRIBUTE TO JUDY KROLL riers, challenging conventions, and of the Municipality of Anchorage His- seeking to improve opportunities for torical and Fine Arts Commission and ∑ Mr. THUNE. Mr. President, today I those around her. later as chair of the Anchorage Mu- would like to take this opportunity to She was a trailblazer for women and seum Foundation. Her vision, passion honor Judy Kroll of Volga, SD. left her mark across the country and and personal effort led to the creation Judy Kroll has spent her career serv- the State of Alaska through her leader- of the Anchorage Museum of Art and ing the community of Brookings, SD, ship, philanthropy, and the family History in 1968. As Mayor of Anchor- in her capacity as an educator, as well foundation that she helped lead with age, I was proud to be with Mrs. as the director of the thriving speech her late husband Elmer. Rasmuson to cut the ribbon on the lat- and debate program at Brookings High Selected from the initial pool of est expansion of the museum, now School. 30,000 applicants for the new Women’s named the Anchorage Museum at Judy, who retired this summer, Army Corp-WAC she rose quickly Rasmuson Center, a culminating mo- served as a South Dakota educator for through the ranks and in 1957 became ment in her decades-long vision to 37 years, teaching in both Madison and the fifth commandant of the WAC, a build a great museum for all Alaskans. Parkston before starting at Brookings position she occupied for 6 years, first In 1967, Mrs. Rasmuson began what High School in 1980. During her 32 appointed by President Eisenhower and would become 45 years of service on the years as an educator and debate coach reappointed by President Kennedy. board of Rasmuson Foundation. She in Brookings, she has left an indelible Mary Louise led the way for women in maintained an active voice in the af- impact on her students, dedicating an the military. Mrs. Rasmuson’s oral his- fairs of the Foundation and regularly immeasurable amount of time to pository of the WAC unit, World War II and attended board meetings until her late tively impacting the lives of young the Korean War is among those re- 90s, when she transitioned to an emer- people. Judy has devoted countless corded by The Library of Congress for itus position. Even in the last years of hours to advance the critical and ana- The Veterans History Project. her life, Mrs. Rasmuson received brief- lytical skills of those students who she In 1942, as the United States entered ings from Foundation staff on projects taught, coached, and mentored. World War II, Mrs. Rasmuson left her seeking Foundation support. During her coaching career, Judy has job as an assistant principal in a school Facilities that bear her name include been awarded South Dakota Forensic district near Pittsburgh and became a the Elmer and Mary Louise Rasmuson Coaches Association Coach of the Year member of the first class of the new Theater at the Smithsonian National on numerous occasions and coached her WAC. Museum of the American Indian in students to multiple State champion- As director of the WAC unit, military Washington, DC, the Elmer and Mary ships in various speech and debate historians credit her with major Louise Rasmuson Center for Rheu- events. Her success as a coach was also achievements including increasing the matic Disease at the Benaroya Re- demonstrated at the national level. WAC’s strength, insisting on effective- search Institute of Virginia Mason Hos- She coached policy debate teams to 2nd ness in command, working with Con- pital in Seattle, WA, and the Mary and 3rd place finishes in 2000 at the Na- gress to amend laws that deprived Louise Rasmuson Pavilion at the Boy tional Forensics League National women of service credit and benefits, Scouts of America Camp Gorsuch in Speech and Debate Tournament and a and expanding the range of military Chugiak, AK. Mary Louise Rasmuson 7th place finish earlier this summer at opportunities open to women. will be missed by all who knew her, but the same tournament. Mrs. Rasmuson retired in 1962 after 20 her legacy will live forever in the Judy’s longstanding involvement in years of military service, during which hearts and minds of Alaskans.∑ the debate community has been recog- she received a Legion of Merit award nized not only by her South Dakota f with two oak leaf clusters for her work peers, but at a national level as well. In integrating Black women into the TRIBUTE TO SOFIA GUANA 2011, she was admitted to the National WAC. She was also awarded the Wom- ∑ Mr. HELLER. Mr. President, I rise Forensics League Hall of Fame. Of the en’s Army Auxiliary Corps Service today in celebration of one of Nevada’s thousands of debate coaches who have Medal, the American Campaign Medal, own, Sofia Guana, on her 100th birth- been a part of the National Forensics

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13019 League since its inception in 1925, only ENROLLED BILLS SIGNED EC–7029. A communication from the Sec- 158 individuals have earned this honor. The message further announced that retary of the Commission, Bureau of Con- Judy is one of four South Dakotans to the Speaker has signed the following sumer Protection Division of Marketing have received this honor. In addition, enrolled bills: Practices, Federal Trade Commission, transmitting, pursuant to law, the report of a rule she was recently named the 2012 Na- S. 679. An Act to reduce the number of ex- entitled ‘‘Disclosure Requirements and Pro- tional Forensics League Coach of the ecutive positions subject to Senate con- hibitions Concerning Franchising’’ (RIN3084– Year. This award recognizes Judy’s firmation. AA63) received in the Office of the President S. 1959. An Act to require a report on the outstanding leadership and commit- of the Senate on July 18, 2012; to the Com- designation of the Haqqani Network as a for- mittee on Commerce, Science, and Transpor- ment to National Forensic League ac- eign terrorist organization and for other pur- tation. tivities. Judy’s receipt of this award poses. marks only the second time a South EC–7030. A communication from the Senior Dakotan has received such an honor At 6:54 p.m., a message from the Program Analyst, Federal Aviation Adminis- House of Representatives, delivered by tration, Department of Transportation, since it was first awarded in 1953. transmitting, pursuant to law, the report of During her teaching and coaching ca- Mr. Novotny, one of its reading clerks, a rule entitled ‘‘Establishment of Class E reer, Judy encouraged her students to announced that the House agrees to Airspace; Eureka, NV’’ ((RIN2120–AA66) never give up on accomplishing their the amendment of the Senate to the (Docket No. FAA–2011–1333)) received during goals. She promoted outstanding bill (H.R. 1905) to strengthen Iran sanc- adjournment of the Senate in the Office of sportsmanship and for years a large tions laws for the purpose of compel- the President of the Senate on July 20, 2012; display in her classroom read, ‘‘What is ling Iran to abandon its pursuit of nu- to the Committee on Commerce, Science, popular is not always right, and what clear weapons and other threatening and Transportation. activities, and for other purposes, with EC–7031. A communication from the Senior is right is not always popular.’’ Judy Program Analyst, Federal Aviation Adminis- exemplified for her students the impor- an amendment. tration, Department of Transportation, tance of working hard and attaining f transmitting, pursuant to law, the report of success without compromising ethics MEASURES REFERRED a rule entitled ‘‘Amendment of Class E Air- and sense of doing what is right. space; Livingston, MT’’ ((RIN2120–AA66) I join Judy’s family, friends, and stu- The following bill was read the first (Docket No. FAA–2012–0139)) received during dents in recognizing her meritorious and the second times by unanimous adjournment of the Senate in the Office of work and extend my sincere thanks consent, and referred as indicated: the President of the Senate on July 20, 2012; H.R. 828. An act to amend title 5, United to the Committee on Commerce, Science, and appreciation to Judy for all she and Transportation. has done for her students and the State States Code, to provide that persons having seriously delinquent tax debts shall be ineli- EC–7032. A communication from the Senior of South Dakota, and wish her the best gible for Federal employment; to the Com- Program Analyst, Federal Aviation Adminis- in her retirement.∑ mittee on Homeland Security and Govern- tration, Department of Transportation, mental Affairs. transmitting, pursuant to law, the report of f a rule entitled ‘‘Amendment of Class E Air- f space; Memphis, TN’’ ((RIN2120–AA66) (Dock- et No. FAA–2011–1211)) received during ad- MESSAGES FROM THE HOUSE EXECUTIVE AND OTHER COMMUNICATIONS journment of the Senate in the Office of the At 1:23 p.m., a message from the President of the Senate on July 20, 2012; to The following communications were House of Representatives, delivered by the Committee on Commerce, Science, and laid before the Senate, together with Mrs. Cole, one of its reading clerks, an- Transportation. accompanying papers, reports, and doc- nounced that the House has passed the EC–7033. A communication from the Senior uments, and were referred as indicated: Program Analyst, Federal Aviation Adminis- following bills, in which it requests the tration, Department of Transportation, concurrence of the Senate: EC–7025. A communication from the Sec- retary of Transportation, transmitting, pur- transmitting, pursuant to law, the report of H.R. 828. An act to amend title 5, United suant to law, the Department’s 2012 report to a rule entitled ‘‘Revocation of Class D Air- States Code, to provide that persons having Congress on the Transportation Infrastruc- space; Andalusia, AL and Amendment of seriously delinquent tax debts shall be ineli- ture Finance and Innovation Act of 1998; to Class E Airspace; Fort Rucker, AL’’ gible for Federal employment. the Committee on Commerce, Science, and ((RIN2120–AA66) (Docket No. FAA–2011–1457)) H.R. 3641. An act to establish Pinnacles Na- Transportation. received during adjournment of the Senate tional Park in the State of California as a EC–7026. A communication from the Attor- in the Office of the President of the Senate unit of the National Park System, and for ney—Advisor, Office of the General Counsel, on July 20, 2012; to the Committee on Com- other purposes. Department of Transportation, transmitting, merce, Science, and Transportation. The message further announced that pursuant to law, a report relative to a va- EC–7034. A communication from the Senior the House has passed the following bill, cancy in the position of Under Secretary of Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, without amendment: Transportation for Policy, received in the Office of the President of the Senate on July transmitting, pursuant to law, the report of S. 679. An act to reduce the number of ex- 18, 2012; to the Committee on Commerce, a rule entitled ‘‘Amendment of Class E Air- ecutive positions subject to Senate con- Science, and Transportation. space; Woodland, CA’’ ((RIN2120–AA66) firmation. EC–7027. A communication from the Acting (Docket No. FAA–2012–0345)) received during The message also announced that the Director, Office of Sustainable Fisheries, De- adjournment of the Senate in the Office of House agrees to the amendments of the partment of Commerce, transmitting, pursu- the President of the Senate on July 20, 2012; Senate to the bill (H.R. 1627) to amend ant to law, the report of a rule entitled to the Committee on Commerce, Science, and Transportation. title 38, United States Code, to provide ‘‘Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Jig EC–7035. A communication from the Senior for certain requirement for the place- Gear in the Central Regulatory Area of the Program Analyst, Federal Aviation Adminis- ment of monuments in Arlington Na- Gulf of Alaska’’ (RIN0648–XC079) received in tration, Department of Transportation, tional Cemetery, and for other pur- the Office of the President of the Senate on transmitting, pursuant to law, the report of poses. July 18, 2012; to the Committee on Com- a rule entitled ‘‘Amendment of Class D Air- merce, Science, and Transportation. space; Pontiac, MI’’ ((RIN2120–AA66) (Docket At 5:23 p.m., a message from the EC–7028. A communication from the Acting No. FAA–2011–1142)) received during adjourn- House of Representatives, delivered by Director, Office of Sustainable Fisheries, De- ment of the Senate in the Office of the Presi- Mrs. Cole, one of its reading clerks, an- partment of Commerce, transmitting, pursu- dent of the Senate on July 20, 2012; to the nounced that the House has agreed to ant to law, the report of a rule entitled Committee on Commerce, Science, and ‘‘Fisheries of the Exclusive Economic Zone Transportation. the following concurrent resolution, Off Alaska; ‘Other Rockfish’ in the Western EC–7036. A communication from the Senior without amendment: Regulatory Area of the Gulf of Alaska’’ Program Analyst, Federal Aviation Adminis- S. Con. Res. 55. Concurrent resolution di- (RIN0648–XC087) received in the Office of the tration, Department of Transportation, recting the Clerk of the House of Representa- President of the Senate on July 18, 2012; to transmitting, pursuant to law, the report of tives to make a correction in the enrollment the Committee on Commerce, Science, and a rule entitled ‘‘Amendment of Class D and of H.R. 1627. Transportation. Class E Airspace; Lakehurst, NJ’’ ((RIN2120–

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13020 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 AA66) (Docket No. FAA–2012–0456)) received AA64) (Docket No. FAA–2012–0039)) received tration, Department of Transportation, during adjournment of the Senate in the Of- during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of fice of the President of the Senate on July fice of the President of the Senate on July a rule entitled ‘‘Airworthiness Directives; 20, 2012; to the Committee on Commerce, 20, 2012; to the Committee on Commerce, Airbus Airplanes’’ ((RIN2120–AA64) (Docket Science, and Transportation. Science, and Transportation. No. FAA–2011–1170)) received during adjourn- EC–7037. A communication from the Senior EC–7044. A communication from the Senior ment of the Senate in the Office of the Presi- Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- dent of the Senate on July 20, 2012; to the tration, Department of Transportation, tration, Department of Transportation, Committee on Commerce, Science, and transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Transportation. a rule entitled ‘‘Revocation and Modification a rule entitled ‘‘Airworthiness Directives; EC–7052. A communication from the Senior of Multiple Domestic, Alaskan, and Hawai- Agusta S.p.A. Helicopters’’ ((RIN2120–AA64) Program Analyst, Federal Aviation Adminis- ian Compulsory Reporting Points’’ (Docket No. FAA–2012–0013)) received during tration, Department of Transportation, ((RIN2120–AA66) (Docket No. FAA–2012–0129)) adjournment of the Senate in the Office of transmitting, pursuant to law, the report of received in the Office of the President of the the President of the Senate on July 20, 2012; a rule entitled ‘‘Airworthiness Directives; Senate on July 24, 2012; to the Committee on to the Committee on Commerce, Science, Rolls-Royce plc Turbofan Engines’’ Commerce, Science, and Transportation. and Transportation. ((RIN2120–AA64) (Docket No. FAA–2012–0418)) EC–7038. A communication from the Senior EC–7045. A communication from the Senior received during adjournment of the Senate Program Analyst, Federal Aviation Adminis- Program Analyst, Federal Aviation Adminis- in the Office of the President of the Senate tration, Department of Transportation, tration, Department of Transportation, on July 20, 2012; to the Committee on Com- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of merce, Science, and Transportation. a rule entitled ‘‘Removal of the Part 67 Re- a rule entitled ‘‘Airworthiness Directives; EC–7053. A communication from the Senior quirement for Individuals Granted the Spe- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) Program Analyst, Federal Aviation Adminis- cial Issuance of a Medical Certificate to (Docket No. FAA–2012–0298)) received during tration, Department of Transportation, Carry Their Letter of Authorization While adjournment of the Senate in the Office of transmitting, pursuant to law, the report of Exercising Pilot Privileges; Confirmation of the President of the Senate on July 20, 2012; a rule entitled ‘‘Airworthiness Directives; Effective Date’’ ((RIN2120–AK00) (Docket No. to the Committee on Commerce, Science, Hartzell Engine Technologies FAA–2012–0056)) received during adjournment and Transportation. Turbochargers’’ ((RIN2120–AA64) (Docket No. EC–7046. A communication from the Senior of the Senate in the Office of the President FAA–2012–0565)) received during adjournment Program Analyst, Federal Aviation Adminis- of the Senate on July 20, 2012; to the Com- of the Senate in the Office of the President tration, Department of Transportation, mittee on Commerce, Science, and Transpor- of the Senate on July 20, 2012; to the Com- transmitting, pursuant to law, the report of tation. mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Airworthiness Directives; EC–7039. A communication from the Senior tation. BAE SYSTEMS (OPERATIONS) LIMITED Program Analyst, Federal Administration, EC–7054. A communication from the Senior Airplanes’’ ((RIN2120–AA64) (Docket No. Department of Transportation, transmitting, Program Analyst, Federal Aviation Adminis- FAA–2012–0106)) received during adjournment pursuant to law, the report of a rule entitled tration, Department of Transportation, of the Senate in the Office of the President ‘‘Flightcrew Member Duty and Rest Require- transmitting, pursuant to law, the report of of the Senate on July 20, 2012; to the Com- ments; OMB Approval of Information Collec- a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- tion’’ ((RIN2120–AJ58) (Docket No. FAA–2009– WACO Classic Aircraft Corporation Air- tation. 1093)) received during adjournment of the EC–7047. A communication from the Senior planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate in the Office of the President of the Program Analyst, Federal Aviation Adminis- 2012–0578)) received during adjournment of Senate on July 20, 2012; to the Committee on tration, Department of Transportation, the Senate in the Office of the President of Commerce, Science, and Transportation. transmitting, pursuant to law, the report of the Senate on July 20, 2012; to the Com- EC–7040. A communication from the Dep- a rule entitled ‘‘Airworthiness Directives; mittee on Commerce, Science, and Transpor- uty Assistant General Counsel, Office of the Dassault Aviation Airplanes’’ ((RIN2120– tation. Secretary, Department of Transportation, AA64) (Docket No. FAA–2012–0265)) received EC–7055. A communication from the Senior transmitting, pursuant to law, the report of during adjournment of the Senate in the Of- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airport Concessions Dis- fice of the President of the Senate on July tration, Department of Transportation, advantaged Business Enterprise: Program 20, 2012; to the Committee on Commerce, transmitting, pursuant to law, the report of Improvements’’ (RIN2105–AE10) received dur- Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; ing adjournment of the Senate in the Office EC–7048. A communication from the Senior Continental Motors, Inc. (CMI) Recipro- of the President of the Senate on July 20, Program Analyst, Federal Aviation Adminis- cating Engines’’ ((RIN2120–AA64) (Docket No. 2012; to the Committee on Commerce, tration, Department of Transportation, FAA–2011–1341)) received during adjournment Science, and Transportation. transmitting, pursuant to law, the report of of the Senate in the Office of the President EC–7041. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; of the Senate on July 20, 2012; to the Com- Program Analyst, Federal Aviation Adminis- Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) mittee on Commerce, Science, and Transpor- tration, Department of Transportation, (Docket No. FAA–2012–0034)) received during tation. transmitting, pursuant to law, the report of adjournment of the Senate in the Office of EC–7056. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; the President of the Senate on July 20, 2012; Program Analyst, Federal Aviation Adminis- Alpha Aviation Concept Limited (Type Cer- to the Committee on Commerce, Science, tration, Department of Transportation, tificate Previously Held by Alpha Aviation and Transportation. transmitting, pursuant to law, the report of Design Limited) Airplanes’’ ((RIN2120–AA64) EC–7049. A communication from the Senior a rule entitled ‘‘Airworthiness Directives; (Docket No. FAA–2012–0279)) received during Program Analyst, Federal Aviation Adminis- Empresa Brasileria de Aeronautica S.A. adjournment of the Senate in the Office of tration, Department of Transportation, (EMBRAER) Airplanes’’ ((RIN2120–AA64) the President of the Senate on July 20, 2012; transmitting, pursuant to law, the report of (Docket No. FAA–2012–0441)) received during to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives; adjournment of the Senate in the Office of and Transportation. Saab AB, Saab Aerosystems Airplanes’’ the President of the Senate on July 20, 2012; EC–7042. A communication from the Senior ((RIN2120–AA64) (Docket No. FAA–2012–0330)) to the Committee on Commerce, Science, Program Analyst, Federal Aviation Adminis- received during adjournment of the Senate and Transportation. tration, Department of Transportation, in the Office of the President of the Senate EC–7057. A communication from the Senior transmitting, pursuant to law, the report of on July 20, 2012; to the Committee on Com- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. tration, Department of Transportation, Aeronautical Accessories, Inc., High Landing EC–7050. A communication from the Senior transmitting, pursuant to law, the report of Gear Aft Crosstube Assembly’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; AA64) (Docket No. FAA–2012–0083)) received tration, Department of Transportation, Enstrom Helicopter Corporation Heli- during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of copters’’ ((RIN2120–AA64) (Docket No. FAA– fice of the President of the Senate on July a rule entitled ‘‘Airworthiness Directives; 2012–0562)) received during adjournment of 20, 2012; to the Committee on Commerce, Fokker Services B.V. Airplanes’’ ((RIN2120– the Senate in the Office of the President of Science, and Transportation. AA64) (Docket No. FAA–2012–0300)) received the Senate on July 20, 2012; to the Com- EC–7043. A communication from the Senior during adjournment of the Senate in the Of- mittee on Commerce, Science, and Transpor- Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July tation. tration, Department of Transportation, 20, 2012; to the Committee on Commerce, EC–7058. A communication from the Senior transmitting, pursuant to law, the report of Science, and Transportation. Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; EC–7051. A communication from the Senior tration, Department of Transportation, Fokker Services B.V. Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13021 a rule entitled ‘‘Airworthiness Directives; EC–7066. A communication from the Senior 2012–0286)) received during adjournment of AGUSTA S.p.A. Helicopters’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- the Senate in the Office of the President of AA64) (Docket No. FAA–2012–0600)) received tration, Department of Transportation, the Senate on July 20, 2012; to the Com- during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- fice of the President of the Senate on July a rule entitled ‘‘Airworthiness Directives; tation. 20, 2012; to the Committee on Commerce, The Boeing Company Airplanes’’ ((RIN2120– EC–7074. A communication from the Senior Science, and Transportation. AA64) (Docket No. FAA–2011–1257)) received Program Analyst, Federal Aviation Adminis- EC–7059. A communication from the Senior during adjournment of the Senate in the Of- tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July transmitting, pursuant to law, the report of tration, Department of Transportation, 20, 2012; to the Committee on Commerce, a rule entitled ‘‘Part 95 Instrument Flight transmitting, pursuant to law, the report of Science, and Transportation. Rules (4); Amdt. No. 501’’ (RIN2120–AA63) re- a rule entitled ‘‘Airworthiness Directives; EC–7067. A communication from the Senior ceived in the Office of the President of the Bell Helicopter Textron Canada, Limited, Program Analyst, Federal Aviation Adminis- Senate on July 24, 2012; to the Committee on Helicopters’’ ((RIN2120–AA64) (Docket No. tration, Department of Transportation, Commerce, Science, and Transportation. FAA–2012–0087)) received during adjournment transmitting, pursuant to law, the report of EC–7075. A communication from the Senior of the Senate in the Office of the President a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- of the Senate on July 20, 2012; to the Com- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, mittee on Commerce, Science, and Transpor- AA64) (Docket No. FAA–2011–0991)) received transmitting, pursuant to law, the report of tation. during adjournment of the Senate in the Of- a rule entitled ‘‘Standard Instrument Ap- EC–7060. A communication from the Senior fice of the President of the Senate on July proach Procedures; Miscellaneous Amend- Program Analyst, Federal Aviation Adminis- 20, 2012; to the Committee on Commerce, ments (109); Amdt. No. 3484’’ (RIN2120–AA65) tration, Department of Transportation, Science, and Transportation. received during adjournment of the Senate transmitting, pursuant to law, the report of EC–7068. A communication from the Senior in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- on July 20, 2012; to the Committee on Com- Airbus Airplanes’’ ((RIN2120–AA64) (Docket tration, Department of Transportation, merce, Science, and Transportation. No. FAA–2012–0152)) received during adjourn- transmitting, pursuant to law, the report of EC–7076. A communication from the Senior ment of the Senate in the Office of the Presi- a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- dent of the Senate on July 20, 2012; to the The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, Committee on Commerce, Science, and AA64) (Docket No. FAA–2011–1415)) received transmitting, pursuant to law, the report of Transportation. EC–7061. A communication from the Senior during adjournment of the Senate in the Of- a rule entitled ‘‘Standard Instrument Ap- Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July proach Procedures; Miscellaneous Amend- tration, Department of Transportation, 20, 2012; to the Committee on Commerce, ments (97); Amdt. No. 3482’’ (RIN2120–AA65) transmitting, pursuant to law, the report of Science, and Transportation. received during adjournment of the Senate a rule entitled ‘‘Airworthiness Directives; EC–7069. A communication from the Senior in the Office of the President of the Senate Airbus Airplanes’’ ((RIN2120–AA64) (Docket Program Analyst, Federal Aviation Adminis- on July 20, 2012; to the Committee on Com- No. FAA–2012–0040)) received during adjourn- tration, Department of Transportation, merce, Science, and Transportation. ment of the Senate in the Office of the Presi- transmitting, pursuant to law, the report of EC–7077. A communication from the Senior dent of the Senate on July 20, 2012; to the a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- Committee on Commerce, Science, and The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, Transportation. AA64) (Docket No. FAA–2011–1412)) received transmitting, pursuant to law, the report of EC–7062. A communication from the Senior during adjournment of the Senate in the Of- a rule entitled ‘‘Standard Instrument Ap- Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July proach Procedures; Miscellaneous Amend- tration, Department of Transportation, 20, 2012; to the Committee on Commerce, ments (97); Amdt. No. 3483’’ (RIN2120–AA65) transmitting, pursuant to law, the report of Science, and Transportation. received during adjournment of the Senate a rule entitled ‘‘Airworthiness Directives; EC–7070. A communication from the Senior in the Office of the President of the Senate Eurocopter Deutschland GmbH Helicopters’’ Program Analyst, Federal Aviation Adminis- on July 20, 2012; to the Committee on Com- ((RIN2120–AA64) (Docket No. FAA–2012–0659)) tration, Department of Transportation, merce, Science, and Transportation. received during adjournment of the Senate transmitting, pursuant to law, the report of EC–7078. A communication from the Senior in the Office of the President of the Senate a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- on July 20, 2012; to the Committee on Com- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, merce, Science, and Transportation. AA64) (Docket No. FAA–2011–1254)) received transmitting, pursuant to law, the report of EC–7063. A communication from the Senior during adjournment of the Senate in the Of- a rule entitled ‘‘Standard Instrument Ap- Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July proach Procedures; Miscellaneous Amend- tration, Department of Transportation, 20, 2012; to the Committee on Commerce, ments (33); Amdt. No. 3485’’ (RIN2120–AA65) transmitting, pursuant to law, the report of Science, and Transportation. received in the Office of the President of the a rule entitled ‘‘Airworthiness Directives; EC–7071. A communication from the Senior Senate on July 24, 2012; to the Committee on The Boeing Company Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. AA64) (Docket No. FAA–2011–0645)) received tration, Department of Transportation, EC–7079. A communication from the Senior during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, 20, 2012; to the Committee on Commerce, The Boeing Company Airplanes’’ ((RIN2120– transmitting, pursuant to law, the report of Science, and Transportation. AA64) (Docket No. FAA–2011–1255)) received a rule entitled ‘‘Standard Instrument Ap- EC–7064. A communication from the Senior during adjournment of the Senate in the Of- proach Procedures; Miscellaneous Amend- Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July ments (110); Amdt. No. 3486’’ (RIN2120–AA65) tration, Department of Transportation, 20, 2012; to the Committee on Commerce, received in the Office of the President of the transmitting, pursuant to law, the report of Science, and Transportation. Senate on July 24, 2012; to the Committee on a rule entitled ‘‘Airworthiness Directives; EC–7072. A communication from the Senior Commerce, Science, and Transportation. The Boeing Company Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- EC–7080. A communication from the Dep- AA64) (Docket No. FAA–2011–0719)) received tration, Department of Transportation, uty Bureau Chief, Consumer and Govern- during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of mental Affairs Bureau, Federal Communica- fice of the President of the Senate on July a rule entitled ‘‘Airworthiness Directives; tions Commission, transmitting, pursuant to 20, 2012; to the Committee on Commerce, The Boeing Company Airplanes’’ ((RIN2120– law, the report of a rule entitled ‘‘Misuse of Science, and Transportation. AA64) (Docket No. FAA–2010–1115)) received Internet Protocol (IP) Relay Service; Tele- EC–7065. A communication from the Senior during adjournment of the Senate in the Of- communications Relay Services and Speech- Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on July to-Speech Services for Individuals with tration, Department of Transportation, 20, 2012; to the Committee on Commerce, Hearing and Speech Disabilities’’ ((CG Dock- transmitting, pursuant to law, the report of Science, and Transportation. et Nos. 12–38 and 03–123) (FCC 12–71)) received a rule entitled ‘‘Airworthiness Directives; EC–7073. A communication from the Senior in the Office of the President of the Senate The Boeing Company Airplanes’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- on July 19, 2012; to the Committee on Com- AA64) (Docket No. FAA–2012–0673)) received tration, Department of Transportation, merce, Science, and Transportation. during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of EC–7081. A communication from the Chief fice of the President of the Senate on July a rule entitled ‘‘Establishment of Area Navi- of the Policy and Rules Division, Office of 20, 2012; to the Committee on Commerce, gation (RNAV) Routes; Southwestern United Engineering, Federal Communications Com- Science, and Transportation. States’’ ((RIN2120–AA66) (Docket No. FAA– mission, transmitting, pursuant to law, the

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13022 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 report of a rule entitled ‘‘Section 2.925 and Entities for the Accreditation of Qualified ment Agency, Department of Homeland Se- 2.926 of the Rules Regarding Grantee Codes Health Plans’’ (RIN0938–AR36) received dur- curity, transmitting, pursuant to law, a re- for Certified Radiofrequency Equipment’’ ing adjournment of the Senate in the Office port relative to the cost of response and re- (FCC 12–60) received in the Office of the of the President of the Senate on July 20, covery efforts for FEMA–3330–EM in the President of the Senate on July 25, 2012; to 2012; to the Committee on Finance. Commonwealth of Massachusetts having ex- the Committee on Commerce, Science, and EC–7090. A communication from the Chief ceeded the $5,000,000 limit for a single emer- Transportation. of the Publications and Regulations Branch, gency declaration; to the Committee on EC–7082. A communication from the Dep- Internal Revenue Service, Department of the Homeland Security and Governmental Af- uty Bureau Chief, Wireline Competition Bu- Treasury, transmitting, pursuant to law, the fairs. reau, Federal Communications Commission, report of a rule entitled ‘‘Third Party Payer EC–7100. A communication from the Fed- transmitting, pursuant to law, the report of Issues and Reporting Agent, Revisions to eral Liaison Officer, Patent and Trademark a rule entitled ‘‘Rural Health Care Support Rev. Proc. 2007–38’’ (Rev. Proc. 2012–32) re- Office, Department of Commerce, transmit- Mechanism’’ ((RIN3060–AF85) (FCC 12–74)) received in the Office of the President of the ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the Senate on July 31, 2012; to the Committee on titled ‘‘Implementation of Statute of Limi- Senate on July 25, 2012; to the Committee on Finance. tations Provisions for Office Disciplinary Commerce, Science, and Transportation. EC–7091. A communication from the Chief Proceedings’’ (RIN0651–AC76) received in the EC–7083. A communication from the Dep- of the Publications and Regulations Branch, Office of the President of the Senate on July uty Division Chief of the Policy Division, Internal Revenue Service, Department of the 30, 2012; to the Committee on the Judiciary. International Bureau, Federal Communica- Treasury, transmitting, pursuant to law, the f tions Commission, transmitting, pursuant to report of a rule entitled ‘‘Revisions to Rev. law, the report of a rule entitled ‘‘Procedures Proc. 98–32’’ (Rev. Proc. 2012–33) received in REPORTS OF COMMITTEES the Office of the President of the Senate on to Govern the Use of Satellite Earth Sta- The following reports of committees tions on Board Vessels in the 5925–6425 MHz/ July 31, 2012; to the Committee on Finance. 3700–4200 MHz Bands and 14.0–14.5 GHz/11.7– EC–7092. A communication from the Chief were submitted: 12.2 GHz Bands’’ ((IB Docket No. 02–10) (FCC of the Publications and Regulations Branch, By Mr. AKAKA, from the Committee on 12–79)) received in the Office of the President Internal Revenue Service, Department of the Indian Affairs, without amendment: of the Senate on July 30, 2012; to the Com- Treasury, transmitting, pursuant to law, the H.R. 1272. A bill to provide for the use and mittee on Commerce, Science, and Transpor- report of a rule entitled ‘‘2012 Section 43 In- distribution of the funds awarded to the Min- tation. flation Adjustment’’ (Notice 2012–49) received nesota Chippewa Tribe, et al, by the United EC–7084. A communication from the Acting in the Office of the President of the Senate States Court of Federal Claims in Docket Congressional Review Coordinator, Animal on July 31, 2012; to the Committee on Fi- Numbers 19 and 188, and for other purposes. and Plant Health Inspection Service, Depart- nance. By Mrs. BOXER, from the Committee on ment of Agriculture, transmitting, pursuant EC–7093. A communication from the Chief Environment and Public Works, without to law, the report of a rule entitled ‘‘Infor- of the Publications and Regulations Branch, amendment: mation from Foreign Regions Applying for Internal Revenue Service, Department of the S. 3370. A bill to authorize the Adminis- Recognition of Animal Health Status’’ Treasury, transmitting, pursuant to law, the trator of General Services to convey a parcel ((RIN0579–AD30) (Docket No. APHIS–2007– report of a rule entitled ‘‘2012 Marginal Pro- of real property in Albuquerque, New Mex- 0158)) received in the Office of the President duction Rates’’ (Notice 2012–50) received in ico, to the Amy Biehl High School Founda- of the Senate on July 31, 2012; to the Com- the Office of the President of the Senate on tion. mittee on Agriculture, Nutrition, and For- July 31, 2012; to the Committee on Finance. EC–7094. A communication from the Assist- f estry. ant Secretary, Bureau of Political-Military EC–7085. A communication from the Dep- INTRODUCTION OF BILLS AND Affairs, Department of State, transmitting, uty Secretary of Defense, transmitting, pur- JOINT RESOLUTIONS pursuant to law, an addendum to a certifi- suant to law, a report relative to providing cation, transmittal number: DDTC 12–089, of The following bills and joint resolu- certain support aid to the Government of Uz- the proposed sale or export of defense arti- tions were introduced, read the first bekistan; to the Committee on Armed Serv- cles and/or defense services to a Middle East ices. and second times by unanimous con- country regarding any possible effects such a EC–7086. A communication from the Direc- sent, and referred as indicated: sale might have relating to Israel’s Quali- tor of Defense Procurement and Acquisition By Mr. KERRY: tative Military Edge over military threats to Policy, Department of Defense, transmit- S. 3465. A bill to amend the Older Ameri- Israel; to the Committee on Foreign Rela- ting, pursuant to law, the report of a rule en- cans Act of 1965 to define care coordination, tions. titled ‘‘Defense Federal Acquisition Regula- EC–7095. A communication from the Assist- include care coordination as a fully restoration Supplement; DoD Voucher Processing’’ ant Secretary, Legislative Affairs, Depart- tive service, and detail the care coordination ((RIN0750–AH52) (DFARS Case 2011–D054)) re- ment of State, transmitting, pursuant to functions of the Assistant Secretary, and for ceived during adjournment of the Senate in law, a report entitled ‘‘Country Reports on other purposes; to the Committee on Health, the Office of the President of the Senate on Terrorism 2011″; to the Committee on For- Education, Labor, and Pensions. July 27, 2012; to the Committee on Armed eign Relations. By Mr. MENENDEZ: Services. EC–7096. A communication from the Rail- S. 3466. A bill to amend the Internal Rev- EC–7087. A communication from the Assist- road Retirement Board, transmitting, pursu- enue Code of 1986 to provide a credit for em- ant Secretary of Defense (Global Strategic ant to law, a report entitled ‘‘Railroad Un- ployer-provided job training, and for other Affairs), transmitting, pursuant to law, a re- employment Insurance System’’; to the Com- purposes; to the Committee on Finance. port entitled ‘‘Report on the National Acad- mittee on Health, Education, Labor, and By Mr. JOHANNS: emy of Sciences Assessment and Report on Pensions. S. 3467. A bill to establish a moratorium on Metrics of the Cooperative Threat Reduction EC–7097. A joint communication from the aerial surveillance conducted by the Admin- Program″; to the Committee on Armed Serv- Executive Director and the Chair of the istrator of the Environmental Protection ices. Board of Governors, Patient-Centered Out- Agency; to the Committee on Environment EC–7088. A communication from the Direc- comes Research Institute, transmitting, pur- and Public Works. tor of Congressional Affairs, Nuclear Regu- suant to law, the Institute’s 2011 Annual Re- By Mr. PORTMAN (for himself, Mr. latory Commission, transmitting, pursuant port; to the Committee on Health, Edu- WARNER, and Ms. COLLINS): to law, the report of a rule entitled ‘‘Amend- cation, Labor, and Pensions. S. 3468. A bill to affirm the authority of the ments to Adjudicatory Process Rules and Re- EC–7098. A communication from the Assist- President to require independent regulatory lated Requirements: 10 CFR Parts 2, 12, 51, ant Secretary, Bureau of Political-Military agencies to comply with regulatory analysis 54, and 61’’ ((RIN3150–AI43) (NRC–2008–0415)) Affairs, Department of State, transmitting, requirements applicable to executive agen- received in the Office of the President of the pursuant to law, an addendum to a certifi- cies, and for other purposes; to the Com- Senate on July 30, 2012; to the Committee on cation, transmittal number: DDTC 12–092, of mittee on Homeland Security and Govern- Environment and Public Works. the proposed sale or export of defense arti- mental Affairs. EC–7089. A communication from the Pro- cles and/or defense services to a Middle East By Mr. BINGAMAN: gram Manager, Centers for Medicare and country regarding any possible effects such a S. 3469. A bill to establish a new organiza- Medicaid Services, Department of Health sale might have relating to Israel’s Quali- tion to manage nuclear waste, provide a con- and Human Services, transmitting, pursuant tative Military Edge over military threats to sensual process for siting nuclear waste fa- to law, the report of a rule entitled ‘‘Patient Israel; to the Committee on Foreign Rela- cilities, ensure adequate funding for man- Protection and Affordable Care Act; Data tions. aging nuclear waste, and for other purposes; Collection to Support Standards Related to EC–7099. A communication from the Ad- to the Committee on Energy and Natural Re- Essential Health Benefits; Recognition of ministrator, Federal Emergency Manage- sources.

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By Ms. STABENOW (for herself and S.J. Res. 49. A joint resolution providing S. 558 Mr. CRAPO): for the appointment of Barbara Barrett as a At the request of Mrs. FEINSTEIN, the S. 3470. A bill to permanently extend the citizen regent of the Board of Regents of the name of the Senator from Hawaii (Mr. private mortgage insurance tax deduction; to Smithsonian Institution; considered and AKAKA) was added as a cosponsor of S. the Committee on Finance. passed. By Mr. RUBIO: 558, a bill to limit the use of cluster S. 3471. A bill to amend the Internal Rev- f munitions. enue Code of 1986 to eliminate the tax on SUBMISSION OF CONCURRENT AND S. 645 Olympic medals won by United States ath- SENATE RESOLUTIONS At the request of Mr. SCHUMER, the letes; to the Committee on Finance. By Ms. LANDRIEU (for herself, Mr. The following concurrent resolutions name of the Senator from California GRASSLEY, Mr. BEGICH, Mr. BLUNT, and Senate resolutions were read, and (Mrs. FEINSTEIN) was added as a co- Mrs. BOXER, Mr. FRANKEN, and Ms. referred (or acted upon), as indicated: sponsor of S. 645, a bill to amend the KLOBUCHAR): By Ms. KLOBUCHAR (for herself and National Child Protection Act of 1993 S. 3472. A bill to amend the Family Edu- Mr. CHAMBLISS): to establish a permanent background cational Rights and Privacy Act of 1974 to S. Res. 535. A resolution recognizing the check system. provide improvements to such Act; to the goals and ideals of the Movement is Life S. 704 Committee on Health, Education, Labor, and Caucus; to the Committee on Health, Edu- Pensions. cation, Labor, and Pensions. At the request of Mr. WYDEN, the By Mr. INHOFE: By Ms. MURKOWSKI (for herself, Mr. name of the Senator from New Hamp- S. 3473. A bill to replace automatic spend- JOHNSON of South Dakota, and Mr. shire (Mrs. SHAHEEN) was added as a co- ing cuts with targeted reforms, and for other BEGICH): sponsor of S. 704, a bill to provide for purposes; to the Committee on Finance. S. Res. 536. A resolution designating Sep- duty-free treatment of certain rec- By Mr. MERKLEY (for himself, Ms. MI- tember 9, 2012, as ‘‘National Fetal Alcohol reational performance outerwear, and KULSKI, and Mr. HARKIN): Spectrum Disorders Awareness Day’’; consid- for other purposes. S. 3474. A bill to provide consumer protec- ered and agreed to. tion for students; to the Committee on By Ms. STABENOW (for herself, Ms. S. 1461 Health, Education, Labor, and Pensions. SNOWE, Mr. BENNET, Mr. At the request of Mr. NELSON of Flor- By Ms. LANDRIEU: BLUMENTHAL, Mrs. BOXER, Mr. BROWN ida, the name of the Senator from S. 3475. A bill to increase the participation of Massachusetts, Mr. BROWN of Ohio, of historically underrepresented demo- Pennsylvania (Mr. CASEY) was added as Ms. CANTWELL, Mr. CARDIN, Mrs. a cosponsor of S. 1461, a bill to amend graphic groups in science, technology, engi- FEINSTEIN, Mr. KERRY, Mr. LAUTEN- the Federal Food, Drug, and Cosmetic neering, and mathematics education and in- BERG, Mr. MENENDEZ, Mr. MERKLEY, dustry; to the Committee on Health, Edu- Ms. MIKULSKI, Mr. MORAN, Mr. SCHU- Act to clarify the Food and Drug Ad- cation, Labor, and Pensions. MER, Mr. TESTER, Mr. UDALL of Colo- ministration’s jurisdiction over certain By Mrs. MURRAY (for herself, Mr. rado, Mr. WEBB, Mr. WHITEHOUSE, and tobacco products, and to protect jobs FRANKEN, and Mr. KERRY): Ms. MURKOWSKI): and small businesses involved in the S. 3476. A bill to amend the Child Care and S. Res. 537. A resolution supporting the Development Block Grant Act of 1990 to en- sale, manufacturing and distribution of goals and ideals of National Ovarian Cancer traditional and premium cigars. sure access to high-quality child care for Awareness Month; considered and agreed to. homeless children and families, and for other By Mr. SESSIONS (for himself, Mr. S. 1526 purposes; to the Committee on Health, Edu- CARDIN, Mr. KERRY, Mr. LUGAR, Mr. At the request of Mrs. GILLIBRAND, cation, Labor, and Pensions. SHELBY, Mr. MENENDEZ, Mr. TESTER, the name of the Senator from Kansas By Mrs. BOXER (for herself, Mrs. Mr. LIEBERMAN, Mr. WYDEN, Mrs. (Mr. MORAN) was added as a cosponsor HUTCHISON, Mr. CASEY, Ms. SNOWE, HUTCHISON, Mr. ROBERTS, Mr. CRAPO, Mrs. SHAHEEN, Mrs. GILLIBRAND, and of S. 1526, a bill to amend the Internal Mr. CHAMBLISS, Mr. COCHRAN, Mr. Mr. BROWN of Massachusetts): Revenue Code of 1986 to provide a tax ISAKSON, Mr. WICKER, Mr. INHOFE, Mr. S. 3477. A bill to ensure that the United incentive for the installation and MORAN, Mr. BROWN of Massachusetts, States promotes women’s meaningful inclu- Mr. AKAKA, Mr. KIRK, Ms. MUR- maintenance of mechanical insulation sion and participation in mediation and ne- KOWSKI, and Mrs. FEINSTEIN): property. gotiation processes undertaken in order to S. Res. 538. A resolution designating Sep- S. 1872 prevent, mitigate, or resolve violent conflict tember 2012 as ‘‘National Prostate Cancer and implements the United States National At the request of Mr. CASEY, the Awareness Month’’; considered and agreed name of the Senator from Wisconsin Action Plan on Women, Peace, and Security; to. to the Committee on Foreign Relations. By Mr. ROCKEFELLER (for himself, (Mr. KOHL) was added as a cosponsor of By Ms. LANDRIEU (for herself, Mr. Mr. ALEXANDER, and Mr. LEVIN): S. 1872, a bill to amend the Internal GRASSLEY, Mr. BEGICH, Mr. BLUNT, S. Res. 539. A resolution designating Octo- Revenue Code of 1986 to provide for the Mrs. BOXER, Mr. FRANKEN, and Ms. ber 13, 2012, as ‘‘National Chess Day’’; consid- tax treatment of ABLE accounts estab- KLOBUCHAR): ered and agreed to. lished under State programs for the S. 3478. A bill to amend the Family Edu- By Mr. INOUYE (for himself and Mr. cational Rights and Privacy Act of 1974 to care of family members with disabil- COCHRAN): ities, and for other purposes. provide improvements to such Act; to the S. Res. 540. A resolution designating the Committee on Health, Education, Labor, and week of August 6 through August 10, 2012, as S. 1880 Pensions. ‘‘National Convenient Care Clinic Week’’; At the request of Mr. BARRASSO, the By Mr. PRYOR (for himself, Mr. considered and agreed to. name of the Senator from Mississippi BLUNT, Mr. BROWN of Ohio, Ms. By Mr. HARKIN: (Mr. COCHRAN) was added as a cospon- SNOWE, Mr. WYDEN, and Mr. WARNER): S. Con. Res. 55. A concurrent resolution di- S. 3479. A bill to strengthen manufacturing sor of S. 1880, a bill to repeal the health recting the Clerk of the House of Representa- care law’s job-killing health insurance in the United States through improved train- tives to make a correction in the enrollment ing, retention, and recruitment of workers, of H.R. 1627; considered and agreed to. tax. to deter evasion of antidumping and counter- S. 1935 vailing duty orders, and to promote United f At the request of Ms. COLLINS, the States exports, and for other purposes; to the ADDITIONAL COSPONSORS Committee on Health, Education, Labor, and name of the Senator from Idaho (Mr. Pensions. S. 202 RISCH) was added as a cosponsor of S. By Mr. JOHANNS (for himself, Mr. At the request of Mr. PAUL, the name 1935, a bill to require the Secretary of CRAPO, Mr. TESTER, Mr. KOHL, Mr. of the Senator from Pennsylvania (Mr. the Treasury to mint coins in recogni- TOOMEY, and Mrs. HAGAN): TOOMEY) was added as a cosponsor of S. tion and celebration of the 75th anni- S. 3480. A bill to provide end user exemp- 202, a bill to require a full audit of the versary of the establishment of the tions from certain provisions of the Com- Board of Governors of the Federal Re- March of Dimes Foundation. modity Exchange Act and the Securities Ex- change Act of 1934; to the Committee on serve System and the Federal reserve At the request of Mrs. HAGAN, the Banking, Housing, and Urban Affairs. banks by the Comptroller General of name of the Senator from South Da- By Mr. LEAHY (for himself, Mr. COCH- the United States before the end of kota (Mr. JOHNSON) was added as a co- RAN, and Mr. REED): 2012, and for other purposes. sponsor of S. 1935, supra.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13024 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 S. 1990 ator from New Jersey (Mr. LAUTEN- umented in the United States record At the request of Mr. LIEBERMAN, the BERG) were added as cosponsors of S. relating to the Armenian Genocide, name of the Senator from South Da- 3243, a bill to amend the Internal Rev- and for other purposes. kota (Mr. THUNE) was added as a co- enue Code of 1986 to increase the AMENDMENT NO. 2574 sponsor of S. 1990, a bill to require the amount of the low-income housing At the request of Mrs. HUTCHISON, the Transportation Security Administra- credit that may be allocated in States name of the Senator from Pennsyl- tion to comply with the Uniformed damaged in 2011 by Hurricane Irene or vania (Mr. CASEY) was added as a co- Services Employment and Reemploy- Tropical Storm Lee. sponsor of amendment No. 2574 in- ment Rights Act. S. 3338 tended to be proposed to S. 3414, a bill S. 1993 At the request of Mr. HARKIN, the to enhance the security and resiliency At the request of Mr. NELSON of Flor- name of the Senator from South Da- of the cyber and communications infra- ida, the names of the Senator from kota (Mr. JOHNSON) was added as a co- structure of the United States. Delaware (Mr. COONS) and the Senator sponsor of S. 3338, a bill to amend the AMENDMENT NO. 2684 from Mississippi (Mr. COCHRAN) were Public Health Service Act and title At the request of Mr. MCCONNELL, added as cosponsors of S. 1993, a bill to XVIII of the Social Security Act to the names of the Senator from Wis- posthumously award a Congressional make the provision of technical serv- consin (Mr. JOHNSON), the Senator from Gold Medal to Lena Horne in recogni- ices for medical imaging examinations Texas (Mr. CORNYN), the Senator from tion of her achievements and contribu- and radiation therapy treatments Missouri (Mr. BLUNT), the Senator from tions to American culture and the civil safer, more accurate, and less costly. Utah (Mr. LEE) and the Senator from rights movement. S. 3384 Mississippi (Mr. COCHRAN) were added S. 2118 At the request of Mr. BAUCUS, the as cosponsors of amendment No. 2684 At the request of Mr. CORNYN, the name of the Senator from New Mexico intended to be proposed to S. 3414, a name of the Senator from Ohio (Mr. (Mr. UDALL) was added as a cosponsor bill to enhance the security and resil- PORTMAN) was added as a cosponsor of of S. 3384, a bill to extend supplemental iency of the cyber and communications S. 2118, a bill to remove unelected, un- agricultural disaster assistance pro- infrastructure of the United States. accountable bureaucrats from seniors’ grams. AMENDMENT NO. 2688 personal health decisions by repealing S. 3407 At the request of Mr. WYDEN, the the Independent Payment Advisory At the request of Mr. WYDEN, the name of the Senator from Montana Board. name of the Senator from Hawaii (Mr. (Mr. TESTER) was added as a cosponsor S. 2173 AKAKA) was added as a cosponsor of S. of amendment No. 2688 intended to be At the request of Mr. DEMINT, the 3407, a bill to amend the Public Health proposed to S. 3414, a bill to enhance names of the Senator from New Hamp- Service Act to increase the number of the security and resiliency of the cyber shire (Ms. AYOTTE) and the Senator permanent faculty in palliative care at and communications infrastructure of from Mississippi (Mr. WICKER) were accredited allopathic and osteopathic the United States. added as cosponsors of S. 2173, a bill to medical schools, nursing schools, and AMENDMENT NO. 2699 preserve and protect the free choice of other programs, to promote education At the request of Mr. DEMINT, the individual employees to form, join, or in palliative care and hospice, and to name of the Senator from Utah (Mr. assist labor organizations, or to refrain support the development of faculty ca- LEE) was added as a cosponsor of from such activities. reers in academic palliative medicine. amendment No. 2699 intended to be pro- S. 2281 S. 3441 posed to S. 3414, a bill to enhance the At the request of Mr. WHITEHOUSE, At the request of Mr. JOHANNS, his security and resiliency of the cyber and the name of the Senator from Vermont name was added as a cosponsor of S. communications infrastructure of the (Mr. SANDERS) was added as a cospon- 3441, a bill to provide for the transfer of United States. sor of S. 2281, a bill to amend the Fed- excess Department of Defense aircraft f eral Food, Drug, and Cosmetic Act to to the Forest Service for wildfire sup- STATEMENTS ON INTRODUCED strengthen the ability of the Food and pression activities, and for other pur- BILLS AND JOINT RESOLUTIONS Drug Administration to seek advice poses. from external experts regarding rare By Mr. KERRY: S.J. RES. 39 S. 3465. A bill to amend the Older diseases, the burden of rare diseases, At the request of Mr. CARDIN, the Americans Act of 1965 to define care co- and the unmet medical needs of indi- name of the Senator from Ohio (Mr. ordination, include care coordination viduals with rare diseases. BROWN) was added as a cosponsor of as a fully restorative service, and de- S. 3204 S.J. Res. 39, a joint resolution remov- tail the care coordination functions of At the request of Mr. JOHANNS, the ing the deadline for the ratification of the Assistant Secretary, and for other names of the Senator from Nebraska the equal rights amendment. purposes; to the Committee on Health, (Mr. NELSON), the Senator from South S.J. RES. 44 Education, Labor, and Pensions. Carolina (Mr. GRAHAM), the Senator At the request of Mr. KOHL, the name Mr. KERRY. Mr. President, for the from Utah (Mr. LEE), the Senator from of the Senator from Arkansas (Mr. past 47 years, the Older Americans Act, Mississippi (Mr. COCHRAN) and the Sen- PRYOR) was added as a cosponsor of OAA, has provided a wide array of serv- ator from Colorado (Mr. BENNET) were S.J. Res. 44, a joint resolution granting ices to improve the lives of older Amer- added as cosponsors of S. 3204, a bill to the consent of Congress to the State icans, family caregivers, and persons address fee disclosure requirements and Province Emergency Management with disabilities. Through the Act, mil- under the Electronic Fund Transfer Assistance Memorandum of Under- lions of Americans receive critical Act, and for other purposes. standing. home and community-based services S. 3237 S. RES. 399 including, home-delivered meal pro- At the request of Mr. WHITEHOUSE, At the request of Mr. MENENDEZ, the grams, transportation, adult day care, the name of the Senator from Wis- name of the Senator from Vermont legal assistance and health promotion consin (Mr. KOHL) was added as a co- (Mr. SANDERS) was added as a cospon- programs. The National Aging Network sponsor of S. 3237, a bill to provide for sor of S. Res. 399, a resolution calling delivers these vital services to local the establishment of a Commission to upon the President to ensure that the communities through the Administra- Accelerate the End of Breast Cancer. foreign policy of the United States re- tion on Aging, State Units on Aging, S. 3243 flects appropriate understanding and SUAs, and over 600 Area Agencies on At the request of Mrs. GILLIBRAND, sensitivity concerning issues related to Aging, AAAs. the names of the Senator from New human rights, crimes against human- The aging network supports a num- Jersey (Mr. MENENDEZ) and the Sen- ity, ethnic cleansing, and genocide doc- ber of health, prevention and wellness

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Despite this focus on health promotion, lenges facing seniors, such as the lack I agree wholeheartedly that we currently, there is no definition of care of care coordination between health should ensure our waterways are clean coordination included in the Older programs and community long-term and our air is safe. So I want to be very Americans Act. In fact, the unique co- services and supports. clear: This legislation does not affect ordination needed for an older adult For all of these reasons, I urge my EPA’s ability to use traditional onsite with multiple chronic conditions is ab- colleagues to cosponsor this important inspections. But given EPA’s track sent from the definition of the OAA legislation and to support its inclusion record of ignorance about agriculture, case manager role. in the reauthorization of the OAA. if not downright contempt for it, farm- The inclusion of care coordination in ers and ranchers do not trust this agen- the OAA is necessary to prepare the By Mr. JOHANNS: cy, and they sure as heck do not ap- aging network for their role in linking S. 3467. A bill to establish a morato- prove of EPA doing low-altitude sur- medical care to community long-term rium on aerial surveillance conducted veillance flights over citizens’ private services and supports. The Affordable by the Administrator of the Environ- property. Care Act is transforming the health mental Protection Agency; to the Com- So until EPA takes a more common- care delivery system through medical mittee on Environment and Public sense, transparent, open approach, we home demonstration, Accountable Care Works. need to step on the brakes. This bill Organizations, and the Partnership for Mr. JOHANNS. Mr. President, I come simply does that. It places a 1-year Patient-Care Transitions. But to be to the floor today to discuss an issue I moratorium on EPA from using aerial truly successful, these reforms will re- have brought up before in the Senate surveillance. This will give the agency quire the coordination of care between that continues to trouble me. time to come clean about its activities state and federal health care programs Whenever I meet with farmers and nationwide and make the case that and the aging network. ranchers in Nebraska, they often raise these flights are an appropriate use of Today, I am introducing the Care Co- concerns about regulatory overreach. I agency authority and taxpayer money. ordination for Older Americans Act, a hear about the need for agencies such Unless the EPA does that openly, the bill that would integrate care coordina- as the EPA to provide a more predict- level of trust between farmers and tion in the long-term services and sup- able and commonsense regulatory envi- ranchers and the EPA will continue to ports system. My legislation would in- ronment. So today I am introducing a erode. In the meantime, passage of this clude a definition of care coordination bill that will do exactly that. It stops legislation will help provide our farm- in the declaration of objectives of the the EPA’s use of aerial surveillance of ers and our ranchers and others in Older Americans Act and would require agricultural operations for a period of rural America with much needed regu- the aging network to develop and im- 12 months—1 year. latory certainty. plement a care coordination plan to ad- Earlier this year, I began hearing I offered an amendment on this issue dress the needs of older individuals about this issue from constituents who during the recent farm bill debate. It with multiple chronic illnesses. are worried about privacy concerns. got broad bipartisan support—56 votes. I would like to thank a number of Thus, a few of my colleagues and I Ten of my colleagues on the other side aging organizations who have been in- wrote to Administrator Jackson in late of the aisle joined me in this effort, so tegral to the development of this legis- May asking her several questions about it is not a partisan issue. lation and who have endorsed it today, EPA’s practice of flying over livestock I urge my colleagues to continue including: Aging Services of California, operations and taking pictures. We their support of this effort to bring ac- the American Geriatrics Society, the were curious about the scope of flights countability and transparency to the American Society on Aging, the Ben- over agriculture operations in Ne- Environmental Protection Agency. jamin Rose Institute on Aging, the braska and around the country. We Center for Medicare Advocacy, the asked how the agency selects targets By Mr. BINGAMAN: Consumer Coalition for Quality Health for surveillance and whether any im- S. 3469. A bill to establish a new orga- Care, the Easter Seals, The Geronto- ages of residences, land, or buildings nization to manage nuclear waste, pro- logical Society of America, not subject to EPA regulation were vide a consensual process for siting nu- LeadingAge, the National Association being captured. clear waste facilities, ensure adequate of Area Agencies on Aging, n4a, the Na- Additionally, we asked a very fair funding for managing nuclear waste, tional Academy of Elder Law Attor- question: We asked about the use of the and for other purposes; to the Com- neys, the National Association of Nu- images, where are they stored, how are mittee on Energy and Natural Re- trition and Aging Services Programs, they used, who are they shared with, sources. the National Association of the Profes- and how long they would remain on Mr. BINGAMAN. Mr. President, I am sional Geriatric Care Managers, the file—all seemingly straightforward, today introducing a bill to implement National Center on Caregiving, the fair, basic questions. the recommendations of the Blue Rib- Family Caregiver Alliance, PHI Qual- Well, to say the least, EPA has been bon Commission on America’s Nuclear ity Care through Quality Jobs, the So- less than forthcoming about the use of Future. cial Work Leadership Institute / New aerial surveillance. EPA has acknowl- The Blue Ribbon Commission was ap- York Academy of Medicine, and the edged aerial surveillance activities in pointed by Secretary of Energy Steven University of Illinois College of Nurs- Nebraska, Iowa, and West Virginia. But Chu, at the request of President ing Institute for Health Care Innova- despite repeated requests, details con- Obama, in March 2010. The purpose of tion. In addition, the National Coali- cerning the national scope of this pro- the Commission was to examine the tion for Care Coordination was pivotal gram and its management by EPA nation’s nuclear waste management in their assistance developing a defini- headquarters have not been disclosed. policy, consider alternatives, and rection of care coordination which ade- You see, I believe the American pub- ommend a new approach. The Commis- quately addresses the needs of the lic deserves open, straightforward, hon- sion was made up of 15 distinguished aging network. est information about why EPA is fly- members, and co-chaired by Represent- Since being enacted in 1965, the OAA ing over their land—not just in Ne- ative Lee Hamilton and General Brent has evolved over time to meet the ever- braska but across the country. Scowcroft. Two of our former col- changing needs of our aging popu- Time and time again, farmers have leagues, Senator Domenici and Senator lation. As we work to reauthorize this consistently proven they are excellent Hagel, were also members.

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I abroad, and assembled a very thorough, tion that the new organization employ have attempted to put them into legis- thoughtful, and authoritative report. a consent-based approach to siting nu- lative form so that they can be enacted The Commission made eight clear, clear waste facilities and with the need and implemented. concise, and eminently sensible rec- for to establish interim storage facili- I recognize that will not happen this ommendations. Principally, it rec- ties pending completion of a reposi- year. It will take a great deal more ommended that we adopt a new, con- tory. But we were unable to agree on time and work. But it must begin and sent-based approach to siting nuclear the ‘‘linkage’’ between storage facili- I hope it will continue in the next Con- waste management facilities, and that ties and the repository. gress. we establish a new organization to Under current law, the Department Mr. President, I ask for unanimous manage the nuclear waste management of Energy cannot begin constructing a consent that the bill be printed in the program. It affirmed the need to build storage facility until the Nuclear Reg- RECORD. one or more geologic repositories in ulatory Commission issues a license to There being no objection, the text of which nuclear waste can be perma- construct the repository. The Commis- the bill was ordered to be printed in nently buried, and it endorsed the need sion found that this tight linkage has the RECORD, as follows: to build one or more temporary storage prevented a storage facility from being S. 3469 facilities in which nuclear waste can be built and recommended that it be Be it enacted by the Senate and House of Rep- stored until it can be permanently dis- eliminated. But the commission also resentatives of the United States of America in posed of in a repository. It emphasized recognized the need for what it called Congress assembled, the importance of giving the new orga- ‘‘positive linkages’’ between storage SECTION 1. SHORT TITLE; TABLE OF CONTENTS. nization access to the funds needed to and disposal to ensure that progress (a) SHORT TITLE.—This Act may be cited as continues on both fronts and interim the ‘‘Nuclear Waste Administration Act of implement the program. It also made 2012’’. useful recommendations on transpor- storage does not end up become perma- (b) TABLE OF CONTENTS.—The table of con- tation, and on the importance of con- nent. tents of this Act is as follows: tinued support for nuclear research and Meanwhile, while our discussions Sec. 1. Short title; table of contents. development and international nuclear were underway, the Energy and Water TITLE I—FINDINGS, PURPOSES, AND non-proliferation programs. Development Appropriations Sub- DEFINITIONS The Commission published its report committee reported legislation that Sec. 101. Findings. at the end of January, and the two co- authorizes the Secretary of Energy to Sec. 102. Purposes. chairs, Representative Hamilton and begin storing nuclear waste at interim Sec. 103. Definitions. General Scowcroft, testified to the storage sites. My proposal for ‘‘positive TITLE II—NUCLEAR WASTE Committee on Energy and Natural Re- linkages’’ was to allow the new agency ADMINISTRATION sources on it in early February. to store up to 10,000 metric tons of Sec. 201. Establishment. Since then, I have been working with spent nuclear fuel at a storage facility Sec. 202. Principal officers. the Ranking Republican on the Com- built under the authority in the appro- Sec. 203. Other officers. Sec. 204. Inspector General. mittee on Energy and Natural Re- priations bill, even if no agreement has Sec. 205. Nuclear Waste Oversight Board. sources, Senator MURKOWSKI, and the been reached on a repository, but to re- Sec. 206. Conforming amendments. Chairman and Ranking Republican on quire there to be an agreement for a re- TITLE III—FUNCTIONS the Energy and Water Development pository before allowing the new agen- Sec. 301. Transfer of functions. Subcommittee of the Appropriations cy to store nuclear waste at other stor- Sec. 302. Transfer of contracts. Committee, Senator FEINSTEIN and age facilities. Sec. 303. Additional functions. Senator ALEXANDER, to try to put the Regrettably, we were not able to Sec. 304. Siting nuclear waste facilities. commission’s recommendations into reach an agreement on this issue or on Sec. 305. Licensing nuclear waste facilities. Sec. 306. Limitation on storage. legislative language. whether the siting process for storage Sec. 307. Defense waste. Much of our time and effort centered facilities should be identical to the Sec. 308. Transportation. on the Commission’s recommendation siting process for repositories wherever TITLE IV—FUNDING AND LEGAL for ‘‘a new organization dedicated sole- possible. PROCEEDINGS ly to implementing the waste manage- Nonetheless, we agreed that I should Sec. 401. Working Capital Fund. ment program.’’ The Commission rec- introduce the bill with the linkages Sec. 402. Nuclear Waste Fund. ommended that Congress establish a that I have proposed and that the Com- Sec. 403. Full cost recovery. new ‘‘single purpose organization,’’ mittee on Energy and Natural Re- Sec. 404. Judicial review. outside of the Department of Energy, sources should hold a hearing on it in Sec. 405. Litigation authority. Sec. 406. Liabilities. but still within the Federal Govern- September. I recognize, of course, that ment to manage the nation’s nuclear the bill will not become law this year. TITLE V—ADMINISTRATIVE AND SAVINGS PROVISIONS wastes in place of the Department of But my hope is to obtain testimony on Energy. More specifically, it proposed Sec. 501. Administrative powers of Adminis- it and to build a legislative record that trator. formation of a government corpora- might serve as the foundation for fur- Sec. 502. Personnel. tion, and suggested that the Tennessee ther consideration and ultimate enact- Sec. 503. Offices. Valley Authority might provide a use- ment in the next Congress. Sec. 504. Mission plan. ful model. The Blue Ribbon Commission found Sec. 505. Annual reports. Our initial efforts focused on the gov- that ‘‘it is long past time for the gov- Sec. 506. Savings provisions; terminations. ernment corporation approach, but we Sec. 507. Technical assistance in the field of ernment to make good on its commit- spent fuel storage and disposal. ultimately agreed to set that model ments to the American people to pro- Sec. 508. Nuclear Waste Technical Review aside in favor of a structure that we be- vide for the safe disposal of nuclear Board. lieve may be both more effective and waste.’’ Sec. 509. Repeal of volume limitation. more accountable. We chose to focus ‘‘Put simply,’’ the Commission said, TITLE I—FINDINGS, PURPOSES, AND full responsibility and authority for ‘‘this nation’s failure to come to grips DEFINITIONS the program in a single administrator, with the nuclear waste issue has al- SEC. 101. FINDINGS. and to establish a separate board made ready proved damaging and costly. It Congress finds that—

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(1) the Nuclear Waste Policy Act of 1982 (42 cial of the Indian tribe, may be substantially (21) SITE CHARACTERIZATION.— U.S.C. 10101 et seq.)— and adversely affected by the repository or (A) IN GENERAL.—The term ‘‘site character- (A) made the Federal Government respon- storage facility. ization’’ means the site-specific activities sible for providing for the permanent dis- (4) AFFECTED UNIT OF GENERAL LOCAL GOV- that the Administrator determines necessary posal of nuclear waste; ERNMENT.— to support an application to the Commission (B) vested the responsibility for siting, (A) IN GENERAL.—The term ‘‘affected unit for a license to construct a repository or constructing, and operating a permanent of general local government’’ means the unit storage facility under section 305(c). geologic repository for the disposal of nu- of general local government that has juris- (B) REPOSITORY SITE CHARACTERIZATION.— clear waste in the Secretary of Energy; and diction over the site of a repository or stor- In the case of a site for a repository, the (C) required the Secretary to enter into age facility. term ‘‘site characterization’’ may include binding contracts with the generators and (B) INCLUSION.—The term ‘‘affected unit of borings, surface excavations, excavations of owners of nuclear waste pursuant to which general local government’’ may include, at exploratory shafts, limited subsurface lat- the Secretary is obligated to have begun dis- the discretion of the Administrator, units of eral excavations and borings, and in situ posing of the nuclear waste in a repository general local government that are contig- testing needed to evaluate the suitability of not later than January 31, 1998; uous with the unit that has jurisdiction over a candidate site for the location of a reposi- (2) in 1987, Congress designated the Yucca the site of a repository or storage facility. tory. Mountain site as the site for the repository (5) CIVILIAN NUCLEAR POWER REACTOR.—The (C) STORAGE SITE CHARACTERIZATION.—In and precluded consideration of other sites; term ‘‘civilian nuclear power reactor’’ has the case of a site for an above-ground storage (3) in 2002, the Secretary found the Yucca the meaning given the term in section 2 of facility, the term ‘‘site characterization’’ Mountain site to be suitable for the develop- the Nuclear Waste Policy Act of 1982 (42 does not include subsurface borings and ex- ment of the repository, the President rec- U.S.C. 10101). cavations that the Administrator determines ommended the site to Congress, and Con- (6) COMMISSION.—The term ‘‘Commission’’ are uniquely associated with underground gress enacted a joint resolution approving means the Nuclear Regulatory Commission. disposal and unnecessary to evaluate the the Yucca Mountain site for the repository; (7) CONTRACT HOLDER.—The term ‘‘contract suitability of a candidate site for the loca- (4) in 2008, the Secretary applied to the Nu- holder’’ means any person who— tion of an above-ground storage facility. clear Regulatory Commission for a license to (A) generates or holds title to nuclear (D) PRELIMINARY ACTIVITIES.—The term construct a repository at the Yucca Moun- waste generated at a civilian nuclear power ‘‘site characterization’’ does not include pre- tain site; reactor; and liminary borings and geophysical testing (5) in 2009, the Secretary found the Yucca (B) has entered into a contract for the dis- needed to assess whether site characteriza- Mountain site to be unworkable and aban- posal of nuclear waste under section 302(a) of tion should be undertaken. doned efforts to construct a repository; the Nuclear Waste Policy Act of 1982 (42 (22) SPENT NUCLEAR FUEL.—The term (6) in 2010, the Secretary, at the request of U.S.C. 10222(a)) or this Act. ‘‘spent nuclear fuel’’ has the meaning given the President, established the Blue Ribbon (8) DEFENSE WASTE.—The term ‘‘defense the term in section 2 of the Nuclear Waste Commission on America’s Nuclear Future to waste’’ means nuclear waste generated by an Policy Act of 1982 (42 U.S.C. 10101). conduct a comprehensive review of the nu- atomic energy defense activity (as defined in (23) STORAGE.—The term ‘‘storage’’ means clear waste management policies of the section 2 of the Nuclear Waste Policy Act of the temporary retention of nuclear waste United States and recommend a new strat- 1982 (42 U.S.C. 10101)). pending the disposal of the nuclear waste in egy for managing the nuclear waste of the (9) DISPOSAL.—The term ‘‘disposal’’ has the a repository. United States; and meaning given the term in section 2 of the (24) STORAGE FACILITY.—The term ‘‘storage (7) the Blue Ribbon Commission has rec- Nuclear Waste Policy Act of 1982 (42 U.S.C. facility’’ means a facility for the storage of ommended that Congress establish a new nu- 10101). nuclear waste from multiple contract hold- clear waste management organization and (10) HIGH-LEVEL RADIOACTIVE WASTE.—The ers or the Secretary pending the disposal of adopt a new consensual approach to siting term ‘‘high-level radioactive waste’’ has the the spent nuclear fuel in a repository. nuclear waste management facilities. meaning given the term in section 2 of the (25) TEST AND EVALUATION FACILITY.—The SEC. 102. PURPOSES. Nuclear Waste Policy Act of 1982 (42 U.S.C. term ‘‘test and evaluation facility’’ means The purposes of this Act are— 10101). an at-depth, prototypic underground cavity (1) to establish a new nuclear waste man- (11) INDIAN TRIBE.—The term ‘‘Indian used to develop data and experience for the agement organization; tribe’’ has the meaning given the term in safe handling and disposal of nuclear waste (2) to transfer to the new organization the section 2 of the Nuclear Waste Policy Act of in a repository. functions of the Secretary relating to the 1982 (42 U.S.C. 10101). (26) UNIT OF GENERAL LOCAL GOVERNMENT.— siting, licensing, construction, and operation (12) NUCLEAR WASTE.—The term ‘‘nuclear The term ‘‘unit of general local government’’ of nuclear waste management facilities; waste’’ means— has the meaning given the term in section 2 (3) to establish a new consensual process (A) spent nuclear fuel; and of the Nuclear Waste Policy Act of 1982 (42 for the siting of nuclear waste management (B) high-level radioactive waste. U.S.C. 10101). facilities; (13) NUCLEAR WASTE ACTIVITIES.—The term (27) WORKING CAPITAL FUND.—The term (4) to provide for centralized storage of nu- ‘‘nuclear waste activities’’ has the meaning ‘‘Working Capital Fund’’ means the Nuclear clear waste pending completion of a reposi- given the term in section 11 of the Atomic Waste Administration Working Capital Fund tory; and Energy Act of 1954 (42 U.S.C. 2014). established by section 401. (5) to ensure that— (14) NUCLEAR WASTE FACILITY.—The term TITLE II—NUCLEAR WASTE (A) the generators and owners of nuclear ‘‘nuclear waste facility’’ means— ADMINISTRATION waste pay the full cost of the program; and (A) a repository; and SEC. 201. ESTABLISHMENT. (B) funds collected for the program are (B) a storage facility. (a) ESTABLISHMENT.—There is established used for that purpose. (15) NUCLEAR WASTE FUND.—The term ‘‘Nu- an independent agency in the executive SEC. 103. DEFINITIONS. clear Waste Fund’’ means the separate fund branch to be known as the ‘‘Nuclear Waste In this Act: in the Treasury established by section 302(c) Administration’’. (1) ADMINISTRATION.—The term ‘‘Adminis- of the Nuclear Waste Policy Act of 1982 (42 (b) PURPOSE.—The purposes of the Admin- tration’’ means the Nuclear Waste Adminis- U.S.C. 10222(c)). istration are— tration established by section 201. (16) OVERSIGHT BOARD.—The term ‘‘Over- (1) to discharge the responsibility of the (2) ADMINISTRATOR.—The term ‘‘Adminis- sight Board’’ means the Nuclear Waste Over- Federal Government to provide for the per- trator’’ means the Administrator of the Ad- sight Board established by section 205. manent disposal of nuclear waste; ministration. (17) PUBLIC LIABILITY.—The term ‘‘public li- (2) to protect the public health and safety (3) AFFECTED INDIAN TRIBE.—The term ‘‘af- ability’’ has the meaning given the term in and the environment in discharging the re- fected Indian tribe’’ means any Indian section 11 of the Atomic Energy Act of 1954 sponsibility under paragraph (1); and tribe— (42 U.S.C. 2014). (3) to ensure that the costs of activities (A) within the reservation boundaries of (18) REPOSITORY.—The term ‘‘repository’’ under paragraph (1) are borne by the persons which a repository or storage facility is pro- has the meaning given the term in section 2 responsible for generating the nuclear waste. posed to be located; or of the Nuclear Waste Policy Act of 1982 (42 SEC. 202. PRINCIPAL OFFICERS. (B) that has federally defined possessory or U.S.C. 10101). (a) ADMINISTRATOR.— usage rights to other land outside of the res- (19) RESERVATION.—The term ‘‘reservation’’ (1) APPOINTMENT.—There shall be at the ervation boundaries that— has the meaning given the term in section 2 head of the Administration a Nuclear Waste (i) arise out of a congressionally ratified of the Nuclear Waste Policy Act of 1982 (42 Administrator, who shall be appointed by treaty; and U.S.C. 10101). the President, by and with the advice and (ii) the Secretary of the Interior finds, on (20) SECRETARY.—The term ‘‘Secretary’’ consent of the Senate, from among persons petition of an appropriate governmental offi- means the Secretary of Energy. who are, by reason of education, experience,

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13028 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 and attainments, exceptionally well quali- SEC. 204. INSPECTOR GENERAL. sight Board, the Administrator of General fied to perform the duties of the Adminis- There shall be in the Administration an In- Services shall provide the Oversight Board trator. spector General, who shall be appointed by with necessary administrative services, fa- (2) FUNCTIONS AND POWERS.—The functions the President, by and with the advice and cilities, and support on a reimbursable basis. and powers of the Administration shall be consent of the Senate, in accordance with (k) AUTHORIZATION OF APPROPRIATIONS.— vested in and exercised by the Adminis- section 3 of the Inspector General Act of 1978 There are authorized to be appropriated to trator. (5 U.S.C. App.). the Oversight Board from amounts in the (3) SUPERVISION AND DIRECTION.—The Ad- SEC. 205. NUCLEAR WASTE OVERSIGHT BOARD. Nuclear Waste Fund to carry out this section ministration shall be administrated under (a) ESTABLISHMENT.—There is established such sums as are necessary. the supervision and direction of the Adminis- an independent establishment in the execu- SEC. 206. CONFORMING AMENDMENTS. trator, who shall be responsible for the effi- tive branch, to be known as the ‘‘Nuclear (a) Section 901(b)(2) of title 31, United cient and coordinated management of the Waste Oversight Board’’, to oversee the ad- States Code, is amended by adding at the end Administration. ministration of this Act and protect the pub- the following: (4) DELEGATION.—The Administrator may, lic interest in the implementation of this ‘‘(R) The Nuclear Waste Administration.’’. from time to time and to the extent per- Act. (b) Section 12 of the Inspector General Act mitted by law, delegate such functions of the (b) MEMBERS.—The Oversight Board shall of 1978 (5 U.S.C. App.) is amended— Administrator as the Administrator deter- consist of— (1) in paragraph (1), by inserting ‘‘the Nu- mines to be appropriate. (1) the Deputy Director of the Office of clear Waste Administration;’’ after ‘‘Export- (5) COMPENSATION.—The President shall fix Management and Budget; Import Bank;’’; and the total annual compensation of the Admin- (2) the Chief of Engineers of the Army (2) in paragraph (2), by inserting ‘‘the Nu- istrator in an amount that— Corps of Engineers; and clear Waste Administration,’’ after ‘‘Export- (A) is sufficient to recruit and retain a per- (3) the Deputy Secretary of Energy. Import Bank,’’. son of demonstrated ability and achievement (c) CHAIR.—The President shall designate 1 TITLE III—FUNCTIONS in managing large corporate or govern- of the 3 members as chair. mental organizations; and SEC. 301. TRANSFER OF FUNCTIONS. (d) FUNCTIONS.—The Oversight Board There are transferred to and vested in the (B) does not exceed the total annual com- shall— Administrator all functions vested in the pensation paid to the Chief Executive Officer (1) review, on an ongoing basis— Secretary by— of the Tennessee Valley Authority. (A) the progress made by the Adminis- (b) DEPUTY ADMINISTRATOR.— (1) the Nuclear Waste Policy Act of 1982 (42 trator to site, construct, and operate nuclear (1) APPOINTMENT.—There shall be in the U.S.C. 10101 et seq.) relating to— waste facilities under this Act; Administration a Deputy Administrator, (A) the construction and operation of a re- (B) the use of funds made available to the who shall be appointed by the President, by pository; Administrator under this Act; and with the advice and consent of the Sen- (B) entering into and performing contracts (C) whether the fees collected from con- ate, from among persons who are, by reason for the disposal of nuclear waste under sec- tract holders are sufficient to ensure full of education, experience, and attainments, tion 302 of that Act (42 U.S.C. 10222); cost recovery or require adjustment; and exceptionally well qualified to perform the (C) the collection, adjustment, deposition, (D) the liability of the United States to duties of the Deputy Administrator. and use of fees to offset expenditures for the contract holders; (2) DUTIES.—The Deputy Administrator management of nuclear waste; and (2) identify any problems that may impede shall— (D) the issuance of obligations under sec- the implementation of this Act; and (A) perform such functions as the Adminis- tion 302(e)(5) of the Nuclear Waste Policy Act (3) recommend to the Administrator, the trator shall from time to time assign or dele- of 1982 (42 U.S.C. 10222(e)(5); and President, or Congress, as appropriate, any gate; and (2) section 312 of the Energy and Water De- actions that may be needed to ensure the im- (B) act as the Administrator during the ab- velopment and Related Agencies Appropria- plementation of this Act. sence or disability of the Administrator or in tions Act, 2013, relating to the pilot program (e) MEETINGS.—The Oversight Board shall the event of a vacancy in the office of the for the construction and operation of 1 or meet at least once every 90 days. Administrator. more storage facilities to the extent pro- (f) REPORTS.—The Oversight Board shall (3) COMPENSATION.—The President shall fix vided in a cooperative agreement transferred the total annual compensation of the Deputy report the findings, conclusions, and recommendations of the Oversight Board to the to the Administrator pursuant to section Administrator in an amount that— 302(b). (A) is sufficient to recruit and retain a per- Administrator, the President, and Congress SEC. 302. TRANSFER OF CONTRACTS. son of demonstrated ability and achievement not less than once per year. (g) EXECUTIVE SECRETARY.—The Oversight (a) DISPOSAL CONTRACTS.—Each contract in managing large corporate or govern- for the disposal of nuclear waste entered into mental organizations; and Board shall appoint and fix the compensation of an Executive Secretary, who shall— by the Secretary before the date of enact- (B) does not exceed the total annual comment of this Act shall continue in effect ac- pensation paid to the Administrator. (1) assemble and maintain the reports, records, and other papers of the Oversight cording to the terms of the contract with the SEC. 203. OTHER OFFICERS. Board; and Administrator substituted for the Secretary. (a) ESTABLISHMENT.—There shall be in the (b) COOPERATIVE AGREEMENT.—Each coop- Administration— (2) perform such functions as the Oversight Board shall from time to time assign or dele- erative agreement entered into by the Sec- (1) a General Counsel; retary pursuant to section 312 of the Energy (2) a Chief Financial Officer, who shall be gate. (h) ADDITIONAL STAFF.— and Water Development and Related Agen- appointed from among individuals who pos- cies Appropriations Act, 2013, before the date sess demonstrated ability in general man- (1) APPOINTMENT.—The Oversight Board may appoint and fix the compensation of of enactment of this Act shall continue in ef- agement of, and knowledge of and extensive fect according to the terms of the agreement practical experience in, financial manage- such additional clerical and professional staff as may be necessary to discharge the with the Administrator substituted for the ment practices in large governmental or Secretary. business entities; and responsibilities of the Oversight Board. (3) not more than 3 Assistant Administra- (2) LIMITATION.—The Oversight Board may SEC. 303. ADDITIONAL FUNCTIONS. tors, who shall perform such functions as the appoint not more than 10 clerical or profes- In addition to the functions transferred to Administrator shall specify from time to sional staff members under this subsection. the Administrator under section 301, the Ad- time. (3) SUPERVISION AND DIRECTION.—The cler- ministrator may site, construct, and oper- (b) APPOINTMENT.—Officers appointed ical and professional staff of the Oversight ate— under this section shall— Board shall be under the supervision and di- (1) additional repositories if the Adminis- (1) be appointed by the Administrator; rection of the Executive Secretary. trator determines that additional disposal (2) be considered career appointees; and (i) ACCESS TO INFORMATION.— capacity is necessary to meet the disposal (3) be subject to section 161 d. of the Atom- (1) DUTY TO INFORM.—The Administrator obligations of the Administrator; ic Energy Act of 1954 (42 U.S.C. 2201(d)). shall keep the Oversight Board fully and cur- (2) a test and evaluation facility in connec- (c) ORDER OF SUCCESSION.—The Adminis- rently informed on all of the activities of the tion with a repository if the Administrator trator may designate the order in which the Administration. determines a test and evaluation facility is officers appointed pursuant to this section (2) PRODUCTION OF DOCUMENTS.—The Ad- necessary to develop data and experience for shall act for, and perform the functions of, ministrator shall provide the Oversight the safe handling and disposal of nuclear the Administrator during the absence or dis- Board with such records, files, papers, data, waste at a repository; and ability of the Administrator and the Deputy or information as may be requested by the (3) additional storage facilities if the Ad- Administrator or in the event of vacancies in Oversight Board. ministrator determines that additional stor- the offices of the Administrator and the Dep- (j) SUPPORT SERVICES.—To the extent per- age capacity is necessary pending the avail- uty Administrator. mitted by law and requested by the Over- ability of adequate disposal capacity.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13029 SEC. 304. SITING NUCLEAR WASTE FACILITIES. (iii) the governing body of the Indian tribe, a reservation of which may be substantially (a) IN GENERAL.—In siting nuclear waste if the site is located within the reservation and adversely affected by the repository or facilities under this Act, the Administrator of an Indian tribe. storage facility. shall employ a process that— (3) SITE INVESTIGATIONS.—In evaluating a (B) CONTENTS.—The consultation and co- (1) allows affected communities to decide site under this subsection prior to any deter- operation agreement shall provide— whether, and on what terms, the affected mination of the suitability of the site for (i) compensation to the State, any affected communities will host a nuclear waste facil- site characterization, the Administrator— units of local government, and any affected ity; (A) shall use available geophysical, geo- Indian tribes for any potential economic, so- (2) is open to the public and allows inter- logical, geochemical, hydrological, and other cial, public health and safety, and environ- ested persons to be heard in a meaningful information; and mental impacts associated with site charac- way; (B) shall not perform any preliminary bor- terization; and (3) is flexible and allows decisions to be re- ings or excavations at the site unless nec- (ii) financial and technical assistance to viewed and modified in response to new in- essary to determine the suitability of the enable the State, affected units of local gov- formation or new technical, social, or polit- site and authorized by the landowner. ernment, and affected Indian tribes to mon- ical developments; and (4) DETERMINATION OF SUITABILITY.—The itor, review, evaluate, comment on, obtain (4) is based on sound science and meets Administrator shall determine whether a information on, and make recommendations public health, safety, and environmental site is suitable for site characterization on site characterization activities. standards. based on an environmental assessment of the (e) FINAL SITE SUITABILITY DETERMINA- (b) SITING GUIDELINES.— site, which shall include— TION.— (1) ISSUANCE.—Not later than 1 year after (A) an evaluation by the Administrator of (1) DETERMINATION REQUIRED.—On comple- the date of enactment of this Act, the Ad- whether the site qualifies for development as tion of site characterization activities, the ministrator shall issue general guidelines for a nuclear waste facility under the guidelines Administrator shall make a final determina- the consideration of candidate sites for— established under subsection (b), including a tion of whether the site is suitable for devel- (A) repositories; and safety case that provides the basis for con- opment as a repository or storage facility. (B) storage facilities. fidence in the safety of the proposed nuclear (2) BASIS OF DETERMINATION.—In making a (2) REPOSITORIES.—In adopting guidelines waste facility at the proposed site; determination under paragraph (1), the Ad- for repositories under paragraph (1), the Ad- (B) an evaluation by the Administrator of ministrator shall determine if— ministrator shall comply with the require- (A) the site is scientifically and tech- the effects of site characterization activities ments of section 112(a) of the Nuclear Waste nically suitable for development as a reposi- on public health and safety and the environ- Policy Act of 1992 (42 U.S.C. 10132(a)). tory or storage facility, taking into ac- ment; (3) STORAGE FACILITIES.— count— (C) a reasonable comparative evaluation by (A) IN GENERAL.—In adopting guidelines for (i) whether the site meets the siting guide- the Administrator of the site with other storage facilities under paragraph (1), the lines of the Administrator; and sites considered by— Administrator shall comply with the re- (ii) whether there is reasonable assurance (i) the Administrator under this section; or quirements of section 112(a) of the Nuclear that a repository or storage facility at the (ii) the Secretary under the Nuclear Waste Waste Policy Act of 1992 (42 U.S.C. 10132(a)), site will meet— Policy Act of 1982 (42 U.S.C. 10101 et seq.); except to the extent that section 112(a) of (I) the radiation protection standards of that Act requires consideration of under- (D) a description of the decision process by the Administrator of the Environmental ground geophysical conditions that the Ad- which the site was recommended; and Protection Agency; and ministrator determines do not apply to (E) an assessment of the regional and local (II) the licensing standards of the Commis- above-ground storage. impacts of locating a repository or storage sion; and (B) OTHER FACTORS.—In addition to the re- facility at the site. (B) development of a repository or storage quirements described in subparagraph (A), (d) SITE CHARACTERIZATION.— facility at the site is in the national inter- the guidelines for storage facilities shall re- (1) SELECTION OF SITES.—From among the est. quire the Administrator to take into account sites determined to be suitable for site char- (3) PUBLIC HEARINGS.—Before making a the extent to which a storage facility acterization under subsection (c), the Admin- final determination under paragraph (1), the would— istrator shall select— Administrator shall hold public hearings in (i) enhance the reliability and flexibility of (A) at least 1 site for site characterization the vicinity of the site and at least 1 other the system for the disposal of nuclear waste; as a repository; and location within the State in which the site is (ii) minimize the impacts of transportation (B) at least 1 site for site characterization located to solicit public comments and rec- and handling of nuclear waste; and as a storage facility. ommendations on the proposed determina- (iii) unduly burden a State in which sig- (2) PREFERENCE FOR CO-LOCATED REPOSI- tion. nificant volumes of— TORY AND STORAGE FACILITY.—In selecting (f) CONSENT AGREEMENTS.— (I) defense wastes are stored; or sites for site characterization as a storage (1) REQUIREMENT.—On making a final de- (II) transuranic wastes are disposed. facility, the Administrator shall give pref- termination of site suitability under sub- (4) REVISIONS.—The Administrator may re- erence to sites determined to be suitable for section (e), but before submitting a license vise the guidelines in a manner consistent co-location of a storage facility and a reposi- application to the Commission under sub- with this subsection and section 112(a) of the tory. section (g), the Administrator shall enter Nuclear Waste Policy Act of 1982 (42 U.S.C. (3) PUBLIC HEARINGS.—Before selecting a into a consent agreement with— 10132(a)). site for site characterization, the Adminis- (A) the Governor of the State in which the (c) IDENTIFICATION OF CANDIDATE SITES.— trator shall hold public hearings in the vicin- site is located; (1) REVIEW OF POTENTIAL SITES.—As soon as ity of the site and at least 1 other location (B) the governing body of the affected unit practicable after the date of the issuance of within the State in which the site is lo- of general local government; and the guidelines under subsection (b), the Ad- cated— (C) if the site is located on a reservation, ministrator shall evaluate potential sites for (A) to inform the public of the proposed the governing body of the affected Indian a nuclear waste facility to determine wheth- site characterization; and tribe. er the sites are suitable for site characteriza- (B) to solicit public comments and rec- (2) CONTENTS.—The consent agreement tion. ommendations with respect to the site char- shall— (2) SITES ELIGIBLE FOR REVIEW.—The Ad- acterization plan of the Administrator. (A) contain the terms and conditions on ministrator shall select sites for evaluation (4) CONSULTATION AND COOPERATION AGREE- which each State, local government, and In- under paragraph (1) from among sites rec- MENT.— dian tribe consents to host the repository or ommended by— (A) REQUIREMENT.—Before selecting a site storage facility; and (A) the Governor or duly authorized offi- for site characterization, the Administrator (B) express the consent of each State, local cial of the State in which the site is located; shall enter into a consultation and coopera- government, and Indian tribe to host the re- (B) the governing body of the affected unit tion agreement with— pository or storage facility. of general local government; (i) the Governor of the State in which the (3) TERMS AND CONDITIONS.—The terms and (C) the governing body of an Indian tribe site is located; conditions under paragraph (2)(A)— within the reservation boundaries of which (ii) the governing body of the affected unit (A) shall promote the economic and social the site is located; or of general local government; and well-being of the people living in the vicinity (D) the Administrator, after consultation (iii) the governing body of an affected In- of the repository or storage facility; and with, and with the consent of— dian tribe, in the case of— (B) may include— (i) the Governor of the State in which the (I) a site located within the boundaries of (i) financial compensation and incentives; site is located; a reservation; or (ii) economic development assistance; (ii) the governing body of the affected unit (II) an Indian tribe the federally defined (iii) operational limitations or require- of general local government; and possessory or usage rights to land outside of ments;

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(iv) regulatory oversight authority; and (1) shall arrange for the Administrator to (4) TRANSPORTATION SAFETY PROGRAMS.— (v) in the case of a storage facility, an en- dispose of defense wastes in a repository de- The Administrator shall provide in-kind, fi- forceable deadline for removing nuclear veloped under this Act; and nancial, technical, and other appropriate as- waste from the storage facility. (2) may arrange for the Administrator to sistance to States and Indian tribes through (4) RATIFICATION.—No consent agreement store spent nuclear fuel from the naval nu- whose jurisdiction the Administrator plans entered into under this section shall have clear propulsion program pending disposal in to transport nuclear waste for transpor- legal effect unless ratified by law. a repository. tation safety programs related to shipments (5) BINDING EFFECT.—On ratification by (b) MEMORANDUM OF AGREEMENT.—The ar- of nuclear waste. law, the consent agreement— rangements shall be covered by a memo- TITLE IV—FUNDING AND LEGAL (A) shall be binding on the parties; and randum of agreement between the Secretary PROCEEDINGS and the Administrator. (B) shall not be amended or revoked except SEC. 401. WORKING CAPITAL FUND. (c) COSTS.—The portion of the cost of de- by mutual agreement of the parties. (a) ESTABLISHMENT.—There is established (g) SUBMISSION OF LICENSE APPLICATION.— veloping, constructing, and operating the rein the Treasury a separate fund, to be known On determining that a site is suitable under pository or storage facilities under this Act as the ‘‘Nuclear Waste Administration Work- subsection (e) and ratification of a consent that is attributable to defense wastes shall ing Capital Fund’’, which shall be separate agreement under subsection (f), the Adminis- be allocated to the Federal Government and from the Nuclear Waste Fund. trator shall submit to the Commission an ap- paid by the Federal Government into the (b) CONTENTS.—The Working Capital Fund plication for a construction authorization Working Capital Fund. shall consist of— for the repository or storage facility. (d) PROHIBITION.—No defense waste may be (1) all fees paid by contract holders pursu- SEC. 305. LICENSING NUCLEAR WASTE FACILI- stored or disposed of by the Administrator in ant to section 302(a) of the Nuclear Waste TIES. any storage facility or repository con- Policy Act of 1982 (42 U.S.C. 10222(a)) on or (a) RADIATION PROTECTION STANDARDS.— structed under this Act or section 312 of the after the date of enactment of this Act, Not later than 1 year after the date of enact- Energy and Water Development and Related which shall be paid into the Working Capital ment of this Act, the Administrator of the Agencies Appropriations Act, 2013, until Fund— Environmental Protection Agency, pursuant funds are appropriated to the Working Cap- (A) notwithstanding section 302(c)(1) of the to authority under other provisions of law, ital Fund in an amount equal to the fees Nuclear Waste Policy Act of 1982 (42 U.S.C. shall adopt, by rule, generally applicable that would be paid by contract holders under 10222(c)(1)); and standards for protection of the general envi- section 302 of the Nuclear Waste Policy Act (B) immediately on the payment of the ronment from offsite releases from radio- of 1982 (42 U.S.C. 10222) if such nuclear waste fees; active material in geological repositories. were generated by a contract holder. (2) any appropriations made by Congress to (b) COMMISSION REGULATIONS.—Not later SEC. 308. TRANSPORTATION. pay the share of the cost of the program es- than 1 year after the adoption of generally (a) IN GENERAL.—The Administrator shall tablished under this Act attributable to de- applicable standards by the Administrator of be responsible for transporting nuclear fense wastes; and the Environmental Protection Agency under waste— (3) interest paid on the unexpended balance subsection (a), the Commission, pursuant to (1) from the site of a contract holder to a of the Working Capital Fund. authority under other provisions of law, storage facility or repository; (c) AVAILABILITY.—All funds deposited in shall amend the regulations of the Commis- (2) from a storage facility to a repository; the Working Capital Fund— sion governing the licensing of geological re- and (1) shall be immediately available to the positories to be consistent with any com- (3) in the case of defense waste, from a De- Administrator to carry out the functions of parable standards adopted by the Adminis- partment of Energy site to a repository. the Administrator, except to the extent lim- trator of the Environmental Protection (b) CERTIFIED PACKAGES.—No nuclear waste ited in annual authorization or appropria- Agency under subsection (a). may be transported under this Act except in tion Acts; (c) CONSTRUCTION AUTHORIZATION.— packages— (2) shall remain available until expended; (1) APPLICABLE LAWS.—The Commission (1) the design of which has been certified and shall consider an application for a construc- by the Commission; and (3) shall not be subject to apportionment tion authorization for a nuclear waste facil- (2) that have been determined by the Com- under subchapter II of chapter 15 of title 31, ity in accordance with the laws (including mission to satisfy the quality assurance re- United States Code. regulations) applicable to the applications. quirements of the Commission. (d) USE OF FUND.—Except to the extent (2) FINAL DECISION.—Not later than 3 years (c) NOTIFICATION.—Prior to any transpor- limited in annual authorization or appro- after the date of the submission of the appli- tation of nuclear waste under this Act, the priation Acts, the Administrator may make cation, the Commission shall issue a final Administrator shall provide advance notifi- expenditures from the Working Capital Fund decision approving or disapproving the cation to States and Indian tribes through only for purposes of carrying out functions issuance of a construction authorization. whose jurisdiction the Administrator plans authorized by this Act. (3) EXTENSION.—The Commission may ex- to transport the nuclear waste. SEC. 402. NUCLEAR WASTE FUND. tend the deadline under paragraph (2) by not (d) TRANSPORTATION ASSISTANCE.— (a) ELIMINATION OF LEGISLATIVE VETO.— more than 1 year if, not less than 30 days be- (1) PUBLIC EDUCATION.—The Administrator Section 302(a)(4) of the Nuclear Waste Policy fore the deadline, the Commission submits to shall conduct a program to provide informa- Act of 1982 (42 U.S.C. 10222(a)(4)) is amended Congress and the Administrator a written re- tion to the public about the transportation in the last sentence by striking ‘‘transmittal port that describes— of nuclear waste. unless’’ and all that follows through the end (A) the reason for failing to meet the dead- (2) TRAINING.—The Administrator shall of the sentence and inserting ‘‘transmittal.’’. line; and provide financial and technical assistance to (b) INTEREST ON UNEXPENDED BALANCES.— (B) the estimated time by which the Com- States and Indian tribes through whose ju- Section 302(e)(3) of the Nuclear Waste Policy mission will issue a final decision. risdiction the Administrator plans to trans- Act of 1982 (42 U.S.C. 10222(e)(3)) is amended— SEC. 306. LIMITATION ON STORAGE. port nuclear waste to train public safety offi- (1) by striking ‘‘Secretary’’ the first, sec- (a) IN GENERAL.—Except as provided in cials and other emergency responders on— ond, and fourth place it appears and insert- subsection (b), the Administrator may not (A) procedures required for the safe, rou- ing ‘‘Administrator of the Nuclear Waste Ad- possess, take title to, or store spent nuclear tine transportation of nuclear waste; and ministration’’; and fuel at a storage facility licensed under this (B) procedures for dealing with emergency (2) by striking ‘‘the Waste Fund’’ each Act before ratification of a consent agree- response situations involving nuclear waste, place it appears and inserting ‘‘the Waste ment for a repository under section 304(f)(4). including instruction of— Fund or the Working Capital Fund estab- (b) EXCEPTION.—The Administrator may (i) government and tribal officials and published by section 401 of the Nuclear Waste possess, take title to, and store not more lic safety officers in command and control Administration Act of 2012’’. than 10,000 metric tons of spent nuclear fuel procedures; SEC. 403. FULL COST RECOVERY. at a storage facility licensed and constructed (ii) emergency response personnel; and In determining whether insufficient or ex- pursuant to a cooperative agreement entered (iii) radiological protection and emergency cess revenues are being collected to ensure into before the date of enactment of this Act medical personnel. full cost recovery under section 302(a)(4) of under section 312 of the Energy and Water (3) EQUIPMENT.—The Administrator shall the Nuclear Waste Policy Act of 1982 (42 Development and Related Agencies Appro- provide monetary grants and contributions U.S.C. 10222(a)(4)), the Administrator shall— priations Act, 2013, before ratification of a in-kind to assist States and Indian tribes (1) assume that sufficient funds will be ap- consent agreement for a repository under through whose jurisdiction the Adminis- propriated to the Nuclear Waste Fund to section 304(f)(4). trator plans to transport nuclear waste for cover the costs attributable to disposal of de- SEC. 307. DEFENSE WASTE. the purpose of acquiring equipment for re- fense wastes; and (a) DISPOSAL AND STORAGE BY ADMINISTRA- sponding to a transportation incident involv- (2) take into account the additional costs TION.—The Secretary— ing nuclear waste. resulting from the enactment of this Act.

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JUDICIAL REVIEW. tracts entered into under section 302(a) of istrator may appoint and fix the compensa- (a) JURISDICTION.— the Nuclear Waste Policy Act of 1982 (42 tion of such officers and employees as may (1) COURTS OF APPEALS.—Except for review U.S.C. 10222(a)) in accordance with the set- be necessary to carry out the functions of in the Supreme Court, a United States court tlement under paragraph (1). the Administration. of appeals shall have original and exclusive (c) PAYMENT OF JUDGMENTS AND SETTLE- (2) COMPENSATION.—Except as provided in jurisdiction over any civil action— MENTS.—Payment of judgments and settle- paragraph (3), officers and employees ap- (A) for review of any final decision or ac- ments in cases arising from the failure of the pointed under this subsection shall be ap- tion of the Administrator or the Commission Secretary failure to meet the deadline of pointed in accordance with the civil service under this Act; January 31, 1998, to begin to dispose of nu- laws and the compensation of the officers (B) alleging the failure of the Adminis- clear waste under contracts entered into and employees shall be fixed in accordance trator or the Commission to make any deci- under section 302(a)(1) of the Nuclear Waste with title 5, United States Code. sion, or take any action, required under this Policy Act of 1982 (42 U.S.C. 10222(a)(1)) shall (3) EXCEPTION.—Notwithstanding para- Act; continue to be paid from the permanent graph (2), the Administrator may, to the ex- (C) challenging the constitutionality of judgment appropriation established pursuant tent the Administrator determines necessary any decision made, or action taken, under to section 1304 of title 31, United States to discharge the responsibilities of the Ad- this Act; or Code. ministrator— (D) for review of any environmental assess- (d) NEW CONTRACTS.—Notwithstanding sec- (A) appoint exceptionally well qualified in- ment or environmental impact statement tion 302(a)(5) of the Nuclear Waste Policy dividuals to scientific, engineering, or other prepared pursuant to the National Environ- Act of 1982 (42 U.S.C. 10222(a)(5)), the Admin- critical positions without regard to the pro- mental Policy Act of 1969 (42 U.S.C. 4321 et istrator shall not enter into any contract visions of chapter 33 of title 5, United States seq.) with respect to any action under this after the date of enactment of this Act that Code, governing appointments in the com- Act, or alleging a failure to prepare any such obligates the Administrator to begin dis- petitive service; and assessment or statement with respect to any posing of nuclear waste before the Commis- (B) fix the basic pay of any individual ap- such action. sion has licensed the Administrator to oper- pointed under subparagraph (A) at a rate of (2) VENUE.—The venue of any proceeding ate a repository or storage facility. not more than level I of the Executive under this section shall be in— (e) NUCLEAR INDEMNIFICATION.— Schedule without regard to the civil service (A) the judicial circuit in which the peti- (1) INDEMNIFICATION AGREEMENTS.—For pur- laws, except that the total annual compensa- tioner involved resides or has the principal poses of section 170 of the Atomic Energy tion of the individual shall be at a rate of office of the petitioner; or Act of 1954 (42 U.S.C. 2210) (commonly known not more than the highest total annual com- (B) the United States Court of Appeals for as the ‘‘Price-Anderson Act’’)— pensation payable under section 104 of title the District of Columbia Circuit. (A) any person that conducts nuclear waste 3, United States Code. (b) DEADLINE FOR COMMENCING ACTION.— activities under a contract with the Admin- (4) MERIT PRINCIPLES.—The Administrator (1) IN GENERAL.—Except as provided in istrator that may involve the risk of public shall ensure that the exercise of the author- paragraph (2), a civil action for judicial reliability shall be treated as a contractor of ity granted under paragraph (3) is consistent view described in subsection (a)(1) may be the Secretary; and with the merit principles of section 2301 of brought not later than the date that is 180 (B) the Secretary shall enter into an agree- title 5, United States Code. days after the date of the decision or action ment of indemnification with any person de- (b) EXPERTS AND CONSULTANTS.—The Ad- or failure to act involved. scribed in subparagraph (A). ministrator may obtain the temporary or (2) NO KNOWLEDGE OF DECISION OR ACTION.— (2) CONFORMING AMENDMENT.—Section 11 ff. intermittent services of experts or consult- If a party shows that the party did not know of the Atomic Energy Act of 1954 (42 U.S.C. ants as authorized by section 3109 of title 5, of the decision or action complained of (or of 2014(ff)) is amended by inserting ‘‘or the Nu- United States Code. clear Waste Administration’’ after ‘‘Sec- the failure to act) and that a reasonable per- (c) ADVISORY COMMITTEES.— retary of Energy’’. son acting under the circumstances would (1) ESTABLISHMENT.—The Administrator not have known, the party may bring a civil TITLE V—ADMINISTRATIVE AND SAVINGS may establish, in accordance with the Fed- action not later than 180 days after the date PROVISIONS eral Advisory Committee Act (5 U.S.C. App.), the party acquired actual or constructive SEC. 501. ADMINISTRATIVE POWERS OF ADMINIS- such advisory committees as the Adminis- knowledge of the decision, action, or failure TRATOR. trator may consider appropriate to assist in to act. The Administrator shall have the power— the performance of the functions of the Ad- SEC. 405. LITIGATION AUTHORITY. (1) to perform the functions of the Sec- ministrator. (a) SUPERVISION BY ATTORNEY GENERAL.— retary transferred to the Administrator pur- (2) COMPENSATION.—A member of an advi- The litigation of the Administration shall be suant to this Act; sory committee, other than a full-time em- subject to the supervision of the Attorney (2) to enter into contracts with any person ployee of the Federal Government, may be General pursuant to chapter 31 of title 28, who generates or holds title to nuclear waste allowed travel expenses, including per diem United States Code. generated in a civilian nuclear power reactor in lieu of subsistence, as authorized by sec- (b) ATTORNEYS OF ADMINISTRATION.—The for the acceptance of title, subsequent trans- tion 5703 of title 5, United States Code, for Attorney General may authorize any attor- portation, storage, and disposal of the nu- individuals in the Government service with- ney of the Administration to conduct any clear waste; out pay, while attending meetings of the ad- civil litigation of the Administration in any (3) to enter into and perform contracts, visory committee or otherwise serving away Federal court, except the Supreme Court. leases, and cooperative agreements with pub- from the homes or regular place of business SEC. 406. LIABILITIES. lic agencies, private organizations, and per- of the member at the request of the Adminis- (a) PENDING LEGAL PROCEEDINGS.—Any sons necessary or appropriate to carry out trator. the functions of the Administrator; suit, cause of action, or judicial proceeding SEC. 503. OFFICES. commenced by or against the Secretary re- (4) to acquire, in the name of the United (a) PRINCIPAL OFFICE.—The principal office lating to functions or contracts transferred States, real estate for the construction, operation, and decommissioning of nuclear of the Administration shall be in or near the to the Administrator by this Act shall— District of Columbia. (1) not abate by reason of the enactment of waste facilities; (b) FIELD OFFICES.—The Administrator this Act; and (5) to obtain from the Administrator of may maintain such field offices as the Ad- (2) continue in effect with the Adminis- General Services the services the Adminis- ministrator considers necessary to carry out trator substituted for the Secretary. trator of General Services is authorized to the functions of the Administrator. (b) SETTLEMENT OF PENDING LITIGATION; provide agencies of the United States, on the CONTRACT MODIFICATION.— same basis as those services are provided to SEC. 504. MISSION PLAN. (1) SETTLEMENT.—The Attorney General, in other agencies of the United States; (a) IN GENERAL.—The Administrator shall consultation with the Administrator, shall (6) to conduct nongeneric research, devel- prepare a comprehensive report (referred to settle all claims against the United States opment, and demonstration activities nec- in this section as the ‘‘mission plan’’), which by a contract holder for the breach of a con- essary or appropriate to carrying out the shall— tract for the disposal of nuclear waste under functions of the Administrator; and (1) provide an informational basis suffi- section 302(a) of the Nuclear Waste Policy (7) to make such rules and regulations, not cient to permit informed decisions to be Act of 1982 (42 U.S.C. 10222(a)) as a condition inconsistent with this Act, as may be nec- made in carrying out the functions of the precedent of the agreement of the Adminis- essary to carry out the functions of the Ad- Administrator; and trator to take title to and store the nuclear ministrator. (2) provide verifiable indicators for over- waste of the contract holder at a storage fa- SEC. 502. PERSONNEL. sight of the performance of the Adminis- cility. (a) OFFICERS AND EMPLOYEES.— trator. (2) CONTRACT MODIFICATION.—The Adminis- (1) APPOINTMENT.—In addition to the senior (b) CONTENTS.—The mission plan shall in- trator and contract holders shall modify con- officers described in section 203, the Admin- clude—

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13032 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 (1) a description of the actions the Admin- (2) the conduct of generic research, devel- determine the cooperation and technical as- istrator plans to take to carry out the func- opment, and demonstration activities resistance is in the national interest. tions of the Administrator under this Act; lated to nuclear waste management, includ- SEC. 508. NUCLEAR WASTE TECHNICAL REVIEW (2) schedules and milestones for carrying ing proliferation-resistant advanced fuel re- BOARD. out the functions of the Administrator; and cycling and transmutation technologies that (a) ELIGIBILITY.—Section 502(b)(3)(C)(iii)(I) (3) an estimate of the amounts that the minimize environmental and public health of the Nuclear Waste Policy Act of 1982 (42 Administration will need Congress to appro- and safety impacts; and U.S.C. 10262(b)(3)(C)(iii)(I)) is amended by in- priate from the Nuclear Waste Fund (in addi- (3) training and workforce development serting ‘‘or the Nuclear Waste Administra- tion to amounts expected to be available programs relating to nuclear waste manage- tion’’ after ‘‘the Department of Energy’’. from the Working Capital Fund) to carry out ment. (b) FUNCTIONS.—Section 503 of the Nuclear the functions of the Nuclear Waste Fund, on (c) PILOT PROGRAM.—Notwithstanding sec- Waste Policy Act of 1982 (42 U.S.C. 10263) is an annual basis. tion 304, the Administrator may proceed amended by striking ‘‘Secretary after the (c) PROPOSED MISSION PLAN.—Not later with the siting and licensing of 1 or more date of the enactment of the Nuclear Waste than 1 year after the date of enactment of consolidated storage facilities under a coop- Policy Amendments Act of 1987’’ and insert- this Act, the Administrator shall submit a erative agreement entered into by the Sec- ing ‘‘Nuclear Waste Administrator after the proposed mission plan for comment to— retary pursuant to section 312 of the Energy date of enactment of the Nuclear Waste Ad- (1) Congress; and Water Development and Related Agen- ministration Act of 2012’’. (2) the Oversight Board; cies Appropriations Act, 2013, before the date (c) PRODUCTION OF DOCUMENTS.—Section (3) the Commission; of enactment of this Act in accordance 504(b) of the Nuclear Waste Policy Act of 1982 (4) the Nuclear Waste Technical Review with— (42 U.S.C. 10264(b)) is amended by striking Board established by section 502 of the Nu- (1) the terms of the cooperative agreement; ‘‘Secretary’’ each place it appears and insert- clear Waste Policy Act of 1982 (42 U.S.C. and ing ‘‘Nuclear Waste Administrator’’. 10262); (2) section 312 of the Energy and Water De- (d) REPORTS.—Section 508 of the Nuclear (5) the States; velopment and Related Agencies Appropria- Waste Policy Act of 1982 (42 U.S.C. 10268) is (6) affected Indian tribes; and tions Act, 2013. amended in the first sentence by striking (7) such other interested persons as the Ad- (d) TERMINATIONS.—The authority for each ‘‘Congress and the Secretary’’ and inserting ministrator considers appropriate. function of the Secretary relating to the ‘‘Congress, the Nuclear Waste Adminis- (d) PUBLIC NOTICE AND COMMENT.—On sub- siting, construction, and operation of reposi- trator, and the Nuclear Waste Oversight mitting the proposed mission plan for com- tories, storage facilities, or test and evalua- Board’’. ment under subsection (c), the Adminis- tion facilities not transferred to the Admin- (e) TERMINATION.—Section 510 of the Nu- trator shall— istrator under this Act shall terminate on clear Waste Policy Act of 1982 (42 U.S.C. (1) publish a notice in the Federal Register the date of enactment of this Act, including 10270) is amended by striking ‘‘Secretary’’ of the availability of the proposed mission the authority— and inserting ‘‘Nuclear Waste Adminis- plan for public comment; and (1) to provide interim storage or mon- trator’’. (2) provided interested persons an oppor- itored, retrievable storage under subtitles B SEC. 509. REPEAL OF VOLUME LIMITATION. tunity to comment on the proposed plan. and C of title I of the Nuclear Waste Policy Section 114(d) of the Nuclear Waste Policy (e) SUBMISSION OF FINAL MISSION PLAN.— Act of 1982 (42 U.S.C. 10151 et seq.); After consideration of the comments re- Act of 1982 (42 U.S.C. 10134(d)) is amended by (2) to site or construct a test and evalua- ceived, the Administrator shall— striking the second and third sentences. tion facility under title II of the Nuclear (1) revise the proposed mission plan to the Waste Policy Act of 1982 (42 U.S.C. 10191 et extent that the Administrator considers ap- By Ms. LANDRIEU (for herself, seq.); and propriate; and Mr. GRASSLEY, Mr. BEGICH, Mr. (3) to issue requests for proposals or enter (2) submit the final mission plan to Con- BLUNT, Mrs. BOXER, Mr. into agreements under section 312 of the En- gress, the President, and the Oversight ergy and Water Development and Related FRANKEN, and Ms. KLOBUCHAR): Board. Agencies Appropriations Act, 2013. S. 3472. A bill to amend the Family (f) REVISION OF THE MISSION PLAN.—The Educational Rights and Privacy Act of Administrator shall— SEC. 507. TECHNICAL ASSISTANCE IN THE FIELD (1) revise the mission plan, as appropriate, OF SPENT FUEL STORAGE AND DIS- 1974 to provide improvements to such to reflect major changes in the planned ac- POSAL. Act; to the Committee on Health, Edu- tivities, schedules, milestones, and cost esti- (a) JOINT NOTICE.—Not later than 90 days cation, Labor, and Pensions. mates reported in the mission plan; and after the date of enactment of this Act and Ms. LANDRIEU. Mr. President, I (2) submit the revised mission plan to Con- annually for 5 succeeding years, the Sec- come to the floor to speak about a bill gress, the President, and the Oversight retary and the Commission shall update and that I have the pleasure of helping to publish in the Federal Register the joint no- Board prior to implementing the proposed lead with several of my colleagues, par- changes. tice required by section 223(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10203(b)). ticularly Senator GRASSLEY, who has SEC. 505. ANNUAL REPORTS. (b) INFORMING FOREIGN GOVERNMENTS.—As been my long-standing partner and a (a) IN GENERAL.—The Administrator shall annually prepare and submit to Congress, soon as practicable after the date of the pub- wonderful cochair of the foster care the President, and the Oversight Board a lication of the annual joint notice described caucus. There are any number of us, comprehensive report on the activities and in subsection (a), the Secretary of State Republicans and Democrats, who have expenditures of the Administration. shall inform the governments of nations and our eyes on and our hearts connected (b) MANAGEMENT REPORT.—The annual re- organizations operating nuclear power to the 500,000 children who are tech- plants, solicit expressions of interest, and port submitted under subsection (a) shall in- nically being raised by the govern- clude— transmit any such expressions of interest to (1) the annual management report required the Secretary and the Commission, as pro- ment. under section 9106 of title 31, United States vided in section 223(c) of the Nuclear Waste The government does many things Code; and Policy Act of 1982 (42 U.S.C. 10203(c)). well, but raising children isn’t one of (2) the report on any audit of the financial (c) BUDGET REQUESTS.—The President shall them. So it is our responsibility, when statements of the Administration conducted include in the budget request of the Presi- we enter into or respond to a case of under section 9105 of title 31, United States dent for the Commission and the Department abuse, gross abuse, neglect, or gross ne- Code. of Energy for each of fiscal years 2014 glect, that we respond appropriately by through 2019 such funding requests for a pro- SEC. 506. SAVINGS PROVISIONS; TERMINATIONS. removing children from homes who (a) COMMISSION PROCEEDINGS.—This Act gram of cooperation and technical assistance shall not affect any proceeding or any appli- with nations in the fields of spent nuclear have, unfortunately, been tortured at cation for any license or permit pending be- fuel storage and disposal as the President de- times by their own parents. That, of fore the Commission on the date of enact- termines appropriate in light of expressions course, is inconceivable to me and to ment of this Act. of interest in the cooperation and assistance. many, but, unfortunately, it happens. (b) AUTHORITY OF THE SECRETARY.—This (d) ELIGIBILITY.—Notwithstanding any lim- So we remove children—hopefully Act shall not transfer or affect the authority itation on cooperation and technical assist- temporarily—until the situation at of the Secretary with respect to— ance to non-nuclear weapon states under sec- home can be addressed with commu- (1) the maintenance, treatment, pack- tion 223 of the Nuclear Waste Policy Act of aging, and storage of defense wastes at De- 1982 (42 U.S.C. 10203), the Secretary and the nity services, faith-based services and partment of Energy sites prior to delivery Commission may cooperate with and provide support, where the children can be re- to, and acceptance by, the Administrator for technical assistance to nuclear weapon united with parents who have been disposal in a repository; states, if the Secretary and the Commission healed, possibly, of their situation.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13033 That is not always the case, and we vide their leadership. Congresswoman But it is an important one-half of 1 perwork as quickly as we can to find re- BASS is a U.S. Representative from cent because these are children whose sponsible and able relatives to take in California’s 33rd District. She, along families have failed them terribly. the child—willing and able relatives, with Congresswoman BACHMANN from These are children who are vulnerable the law says, to take in the child with Minnesota, Congressman MARINO from and need us to love them extra spe- sibling groups intact. If that is not pos- Pennsylvania, and Congressman cially, to help them extra specially. sible, then we seek to find a family in MCDERMOTT from Washington State, That is what some of us spend a good the community that will adopt these has introduced the same bipartisan bill bit of our time trying to do because children. in the House. So we are very excited they are willing and able to become The thing I want to say about these about the strong bipartisan support for great citizens of our Nation but need wonderful children is that while their this bill. that extra special help. families may be broken—families may All this bill says—and it makes such So this Uninterrupted Scholars Act disintegrate for all sorts of reasons, in- sense I can’t believe it is not in the law will give access, appropriately with cluding mental health, drug abuse, un- already—is that when a child comes protections, to their academic records. controllable violence, criminal activity into the care of the government, the Senator FRANKEN has a bill to give that disintegrates the family, and chil- government agency responsible for the them choice in public schools to help dren are most certainly affected—these care of this child—now it is not parents give them stability in their public children, in many instances, aren’t bro- any longer because the parents’ rights schools, so they can stay with their ken. Their families are broken. The either have been terminated or are in friends, their teachers, as they, unfor- possibility of these children, from the the process of being terminated—the tunately, have to move around in the ages of zero to 1 or 2 or 3 or 9 or 12 or government will have the right, or the system. 15, being given an opportunity to be agencies representing the government, Many people will benefit—most im- adopted into the loving arms of a sta- to their academic records. portantly, the youth involved. ble family who will raise that child or What is happening now is foster chil- children as their own or to be reunified dren are getting lost not only in the By Mr. INHOFE: with loving family members is ideal. system but lost in their schools be- S. 3473. A bill to replace automatic As I said, governments do many cause of the difficulty in getting access spending cuts with targeted reforms, things well, but raising children isn’t to education records under the guise and for other purposes; to the Com- one of them. Human beings raise other that these records should be private, et mittee on Finance. human beings, and we need to do a bet- cetera. Mr. INHOFE. Mr. President, I am ter job of placing our children in qual- What is happening is some of these waiting now for them to bring up a bill ity, temporary foster homes, and then privacy rules are not protecting the I have filed today and will have a num- finding permanent, loving homes. children, they are protecting the sys- ber to go with it which I will announce We have this crazy notion in America tem that is broken, and that is the in a moment. and around the world that children are problem. We are doing everything we First of all, let me say that the talk grown when they are 18, so we put all can to protect the privacy of the child, of the whole country right now is on of their belongings in a plastic bag and but what is happening is some of these the sequestration problems we are hav- we say goodbye to them, and we tell privacy rules are putting up a screen so ing. I would only observe that I don’t them: Please forget my cell phone that we can’t find out that the school know why it is so difficult for people to number because you have aged out of is not doing its job on behalf of the understand, but President Obama has the system. child, or the social workers are not written four budgets and these budgets Several of us have been working for doing their job on behalf of the child. have come before us, and if we add up years, including former Senator So this simply streamlines the proc- all of the deficits in the four budgets, it Chafee, for one, to create more perma- ess of making sure academic records comes to $5.3 trillion worth of deficits. nent opportunities for extended, inde- can be accessed by foster families—ei- I suggest that is more deficit than all pendent living. While I support that—it ther adoptive families or guardians— Presidents in the history of this coun- is much better than putting their without having to go through the try for the past 200-plus years. things in a bag, their few little items courts for a long, extended timeframe. So, people say, how did we get into after 18 years, and sending them on I think this is an important change. this mess? Because when we have those their way—we now can extend that It is one of probably 100 changes to this kinds of deficits over a period of time, help until they are 21. However, what system that need to be made. Of we wonder where it is coming from. Let we really need to be doing is finding course, we can make these new laws in me tell my colleagues where it didn’t families for these children. Washington. A lot of this has to be car- come from, where it wasn’t spent, and I am 57 and I still need my family. I ried out with heart and compassion and that is military. still talk to my mother and father al- common sense, which, unfortunately, I went over the first budget President most every day. I was with my family we cannot legislate from Washington. Obama had. I went over to Afghanistan this weekend. They will be with me and But what we can do is try, when we see so I could make sure I could get the at- have been with me for every important a problem—this problem was identified tention of the American people and let moment of my life. When did somebody not by me or by my staff. It was actu- them know how this disarming of get a notion that children don’t need a ally identified by foster youth who America by President Obama is going. family after they are 18? It is a silly came up here this summer to intern Of course, if one of my colleagues was notion, and it is not even true. We and brought to our attention the issue part of that first budget, they would would not send our own children into that some of their records are not ac- know that it cut out our only fifth-gen- the world alone by themselves. So our cessible to their foster families who are eration fighter, the F–22; our lift capac- whole foster system needs great re- trying their best to raise them and to ity, the C–17; the future combat sys- form, and we are working on that. help them, et cetera. So the young peo- tem; the ground based interceptor in But one piece of this system that ple themselves have asked for this Poland. That was just the first budget. needs reform is what we are trying to change. We are happy to accommodate Then it has gotten worse since that address today by introducing the Unin- that request. time. Since there isn’t time to go over terrupted Scholars Act, which is a bill Let me end by saying again, there that detail year by year, I can only say that Senator GRASSLEY and many oth- are over 480,000—about 400,000 to that the President has already cut in ers, including Senator BEGICH, Senator 500,000—children who are in our foster his budget over the next decade $487 BLUNT, Senator BOXER, Senator care system representing less than one- billion, roughly $500 billion, $1⁄2 tril- FRANKEN, and Senator KLOBUCHAR have half of 1 percent of all the children in lion—from defense spending over the graciously agreed to cosponsor and pro- America, which is about 100 million. next 10 years.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13034 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 I would suggest to my colleagues What it does, first of all, to come up ernment to spend taxpayer dollars on that the American people—this is with this $1.2 trillion, plus rebuilding climate change or global warming. something that is very frustrating, be- the military—we want to rebuild the This is kind of interesting because very cause they assume that when we send military, in my estimation, up to 4 per- few people know that—even though our kids into battle, they have the best cent of GDP. For the last 100 years, they remember that every time there of equipment, and this just flat isn’t prior to 1990—for 100 years—the aver- has been a bill on cap and trade, there true. The British have an AS90, a How- age defense spending constituted 5.7 is a cost to the American people of itzer that is better than ours. The Rus- percent of GDP. That was the average, somewhere between $300 billion and sians have the 2S19 that is better than in times of war and in times of peace. $400 billion a year, and people’s heads ours. Even South Africa has a system Now it is all the way down, after his se- start spinning when we talk about that is a better nonline-of-sight cannon questration, to below 3 percent; in these large amounts. Sometimes in my than we have in our arsenal. The Chi- other words, about half of that. State of Oklahoma, what I have done is nese have a J–10 that is better than What I wish to do with additional take the total number of families who ours. In fact, they are now cranking funds that come from this bill I am in- file Federal tax returns and then I them out to where they rival our F–15s, troducing today is put that back into apply this to it. This would be about F–16s, and F/A18s. the military and bring us up to 4 per- $3,000 per family in my State of Okla- So the point I am making here is cent of GDP—still considerably less homa. Yet even the Director of the there has been no emphasis. If we go than where we have been over the last EPA admits that if we did this, it 100 years. out and borrow and increase the deficit would not reduce CO2 emissions world- by $5.3 trillion as this President is The first thing it does is completely wide. That is the Director of the EPA, doing, one would think we would be in repeal ObamaCare and adopts PAUL Lisa Jackson, and that is on the a position to have a lot more robust RYAN’s approach to block granting the record. I appreciate her honesty in that military, but the military has been Medicaid Program so States have com- respect. consistently cut over that period of plete control over the dollars they use If we do this right now—what people time. to reach their low-income populations do not know is this President has spent In the event the Obama sequestration with health care assistance. Together, $68.4 billion since he has been President as it is designed right now goes these two changes will reduce spending on all this global warming stuff. That by $1.1 trillion over 10 years. through, that will be another $1⁄2 tril- is without authority because we have Secondly, it returns nondefense dis- lion that will come out of the military. clearly defeated all those bills. What cretionary spending to the 2006 levels. Even the President’s own Secretary of he has done through regulations is When this President came in, the Defense, Secretary Panetta, has said if what he could not do through legisla- amount of the nondefense discre- these cuts take place—talking about tion. But nobody knows about it, until tionary spending surged. This would the Obama sequestration cuts—in addi- have a savings over that period of time now. Now they know about it. tion to what he has already cut, it Anyway, if we stop doing that over of $952 billion. would be ‘‘devastating to the mili- The third thing it does is it block the next 10 years, that will save an ad- tary.’’ That means we would have the grants the Food Stamp Program and ditional $83 billion. smallest ground fleet since the 1940s, converts it into a discretionary pro- Finally, the legislation includes com- we would have the smallest fleet of gram so States have complete control prehensive medical malpractice and ships since 1915, and the smallest tac- over the design of their nutrition as- tort reform. That is the same thing tical fighter capability or force in the sistance programs to best meet the that was passed by the House of Rep- history of the Air Force. needs of their low-income populations. resentatives and that would save $74 So if we want the United States to This provision reverses the massive ex- billion over 10 years. continue providing the type of global pansion we have seen of the Food All told, all the savings generated leadership our people have come to ex- Stamp Program under the Obama ad- would be $2.6 trillion—not $1.2 tril- pect and meet the expectations of the ministration, which has literally dou- lion—$2.6 trillion over 10 years. So do American people—when we talk to the bled in size, up to 100 percent, since he not let anyone tell you, we cannot get American people, they are shocked took office. there from here. Clearly, we can get when they find out other countries On President Obama’s inauguration there from here. have things that are better than we day, just under 32 million people were We use the remaining amount to beef have. on food stamps. Today, it is more than up the military to get back to our 4- If we want to beat this, then we are 46 million people, and they receive percent level. I believe if we were to going to have to do something about, these benefits. It is going to have to talk to the average American, they No. 1, what is happening to the mili- stop. It will continue to go up if we do would say: Yes, let’s go ahead and do tary; and No. 2, the sequestration. not do something about it. This provi- this. Why aren’t we doing it now? I have it all in one bill. In a minute sion saves $285 billion. Let me mention one other thing be- we will get a number for that bill. Any- By the way, I think it is important to fore I conclude; that is, we have some- way, it is called the Sequestration Pre- know, when we look at the farm pro- thing called the WARN Act. What that vention Act of 2012. It replaces the se- gram, the farm program is a welfare does is require the employers—who questration cuts with some smart re- program because they increase all know because of sequestration there forms, and I am going to go over those these provisions and call it part of the are going to be layoffs—to give pink in a minute to show my colleagues farm bill. But that is a different sub- slips at least 60 days prior to the time what they are. It replaces the $1.2 tril- ject, and I will talk about it later, not that will happen. Under sequestration, lion and then has a lot of money left today but later. if they do not adopt my act, if they do over. The fourth thing the legislation does that, then those pink slips would have Let me just kind of go over what this is it reduces the Federal workforce by to be out there by the 2nd of November. bill would do. People keep saying: We 10 percent through attrition. Nobody The President does not want that to cannot do anything about it. We can- out there is going to be fired. There are happen. He does not want the Obama not do anything about the sequestra- not going to be any cuts. In fact, it sequestration to be pointed out and tion, the cuts. would continue to have some modest identified as to what is causing them We had this great committee that increases in payment for those who are to lose their jobs, so he is trying to get was supposed to be out there finding there. Through attrition, the savings companies not to comply with the $1.2 trillion over a 10-year period and would be about $144 billion over 10 WARN Act. yet we have a President who was able years. Clearly, the WARN Act says ‘‘an em- to give us deficits of five times that The fifth thing the bill does is it re- ployer shall not order a plant closing much over just a 4-year period. peals the authority of the Federal Gov- or mass layoff until the end of a 60-day

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13035 period after the employer serves writ- once they begin. Furthermore, evi- Whereas the first Movement is Life Na- ten notice of such an order.’’ dence shows that integrating women tional Summit in September 2010 facilitated The WARN Act states—this is very into peace-building processes helps pro- a national dialogue among stakeholders en- significant because if there are compa- mote democracy and ensure the likeli- gaged in the continuum of care of women, African Americans, and Latinos, about mus- nies out there that are listening to the hood of a peace process succeeding. With the National Action Plan on culoskeletal health disparities; President when he is asking them not Whereas the National Movement is Life to issue the pink slips, this is what Women, Peace, and Security, the U.S. Work Group Caucus has been established and would happen to them—it states that joins the more than 37 other countries the third annual meeting will be held this ‘‘any employer who orders a plant clos- who have released similar National Ac- September 16-18, 2012 in Washington, D.C.; ing or mass layoff in violation of Sec- tion Plans recognizing women’s con- Whereas the National Movement is Life tion 3 . . . shall be liable to each ag- tributions to peace building and com- Work Group Caucus will facilitate the devel- grieved employee who suffers an em- mitting to support women’s inclusion opment of action plans to help reduce musculoskeletal health disparities; and ployment loss as a result of such clos- in all aspects of peace processes. As Chair of the Senate Foreign Rela- Whereas the National Movement is Life ing or layoff.’’ Work Group Caucus seeks to promote early In other words, if they do not do it, tions Subcommittee on International Operations and Organizations, Human intervention, slow musculoskeletal disease then that opens the doors for all the progression, reduce disability, and encourage trial lawyers to come in. Just imagine Rights, Democracy, and Global Wom- physical activity and daily movement in the cases. At Lockheed Martin, they en’s Issues, I am proud of the Obama order to improve the health of those cur- Administration for undertaking this say they are going to have to let go of rently disadvantaged as well as the overall important initiative, and remain com- some 120,000 people. If they had a class health of the nation: Now, therefore, be it mitted to continuing to promote the That the Senate— action suit, each one who was let go Resolved, full inclusion of women in all aspects (1) recognizes the musculoskeletal health would receive something like $1,000. of peace-building efforts. disparities present among women, African That would be $120 million that com- I look forward to working with my Americans, and Latinos; pany would have to pay. I cannot imag- colleagues to pass this important legis- (2) acknowledges the dangers posed to ine the board of directors of any com- lation. these populations, from rising inactivity lev- pany anywhere in America not com- els and the impact on increased risk of plying with this legal act called the f chronic diseases such as diabetes, obesity, WARN Act. SUBMITTED RESOLUTIONS and heart disease; (3) seeks to raise public awareness in these By Mrs. BOXER (for herself, Mrs. communities about osteoarthritis and the importance of early intervention; HUTCHISON, Mr. CASEY, Ms. SENATE RESOLUTION 535—RECOG- NIZING THE GOALS AND IDEALS (4) encourages physical activity and daily SNOWE, Mrs. SHAHEEN, Mrs. movement, in order to limit the exaspera- GILLIBRAND, and Mr. BROWN of OF THE MOVEMENT IS LIFE CAU- tion of related chronic diseases and loss of Massachusetts): CUS independence; and S. 3477. A bill to ensure that the Ms. KLOBUCHAR (for herself and Mr. (5) commends the Movement is Life Na- United States promotes women’s mean- CHAMBLISS) submitted the following tional Caucus for its efforts in creating a ingful inclusion and participation in resolution; which was referred to the dialogue which draws attention to these mediation and negotiation processes Committee on Health, Education, health disparities which continue to impact our national economy and many lives around undertaken in order to prevent, miti- Labor, and Pensions: the country. gate, or resolve violent conflict and S. RES. 535 implements the United States National Whereas arthritis is the number one cause f Action Plan on Women, Peace, and Se- of disability in the United States, according curity; to the Committee on Foreign to the Centers for Disease Control and Pre- SENATE RESOLUTION 536—DESIG- Relations. vention, affecting 50,000,000 Americans, and NATING SEPTEMBER 9, 2012, AS Mrs. BOXER. Mr. President, I rise among the leading reasons for doctors’ visits ‘‘NATIONAL FETAL ALCOHOL today to introduce the Women, Peace, and missed work; SPECTRUM DISORDERS AWARE- Whereas the Centers for Disease Control NESS DAY’’ and Security Act of 2012 with Senators and Prevention finds that in 2003 arthritis HUTCHISON, CASEY, SNOWE, SHAHEEN, cost the United States economy Ms. MURKOWSKI (for herself, Mr. GILLIBRAND and SCOTT BROWN. A com- $128,000,000,000 annually in medical costs and JOHNSON of South Dakota, and Mr. panion bill was also introduced in the lost wages; BEGICH) submitted the following reso- House of Representatives today by Whereas 27,000,000 Americans suffer from lution; which was considered and Representatives CARNAHAN, BERMAN osteoarthritis (the most common form of ar- agreed to: and SCHAKOWSKY. thritis) and almost 80 percent have some de- S. RES. 536 This important legislation will help gree of movement limitation; codify the United States National Ac- Whereas the onset of chronic joint pain Whereas the term ‘‘fetal alcohol spectrum and osteoarthritis can lead to disability and disorders’’ includes a broader range of condition Plan on Women, Peace, and Secu- a loss of personal independence; tions than the term ‘‘fetal alcohol syn- rity, which was released by the Obama Whereas, women along with African Amer- drome’’ and has replaced the term ‘‘fetal al- administration in December, 2011, to icans and Latinos, the two largest racial and cohol syndrome’’ as the umbrella term de- help further ongoing U.S. initiatives ethnic minority groups in the United States, scribing the range of effects that can occur regarding women, peace, and security face more severe osteoarthritis and dis- in an individual whose mother consumed al- and the objectives of United Nations ability, yet receive less than optimal access cohol during her pregnancy; Security Council Resolution 1325, to diagnostic, medical, and surgical inter- Whereas fetal alcohol spectrum disorders UNSCR 1325. vention than do other groups; are the leading cause of cognitive disability Whereas women and minorities experi- in Western civilization, including the United UNSCR 1325 calls on all countries to encing chronic diseases (such as diabetes, States, and are 100 percent preventable; establish national action plans aimed obesity, and heart disease (all medical condi- Whereas fetal alcohol spectrum disorders at promoting the inclusion of women in tions positively impacted by physical activ- are a major cause of numerous social dis- conflict resolution efforts and peace- ity)) struggle disproportionately with orders, including learning disabilities, school building institutions, such as police undiagnosed and diagnosed osteoarthritis; failure, juvenile delinquency, homelessness, services. Whereas there is a lack of awareness about unemployment, mental illness, and crime; This is essential because women and the connection between musculoskeletal Whereas the incidence rate of fetal alcohol girls are disproportionately impacted health disparities, increasing physical inac- syndrome is estimated at 1 out of every 500 tivity levels and disparities in diabetes, obe- live births and the incidence rate of fetal al- by violence and armed conflict. But at sity, and heart disease among women, Afri- cohol spectrum disorders is estimated at 1 the same time, we know that women can-Americans and Latinos, which have a out of every 100 live births; are critical to helping prevent violence significant impact on increasing health care Whereas, in February 1999, a small group of before it occurs and resolving crises costs and workforce productivity; parents with children who suffer from fetal

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13036 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 alcohol spectrum disorders united to pro- Whereas some women, such as those with a Whereas 30 percent of newly diagnosed mote awareness of the devastating con- family history of breast or ovarian cancer, prostate cancer cases occur in males under sequences of alcohol consumption during are at higher risk for developing the disease; the age of 65; pregnancy by establishing International Whereas the Pap test is sensitive and spe- Whereas, approximately every 14 seconds, a Fetal Alcohol Syndrome Awareness Day; cific to the early detection of cervical can- male in the United States turns 50 years old Whereas September 9, 1999, became the cer, but not to ovarian cancer; and increases his odds of developing cancer, first International Fetal Alcohol Syndrome Whereas, as of the date of agreement to including prostate cancer; Awareness Day; this resolution, there is no reliable early de- Whereas African-American males suffer Whereas Bonnie Buxton of Toronto, Can- tection test for ovarian cancer; from a prostate cancer death rate that is ada, the co-founder of the first International Whereas many people are unaware that the more than twice the death rate of White Fetal Alcohol Syndrome Awareness Day, symptoms of ovarian cancer often include males from prostate cancer; asked ‘‘What if . . . a world full of FAS/E bloating, pelvic or abdominal pain, difficulty Whereas obesity is a significant predictor [Fetal Alcohol Syndrome/Effect] parents all eating or feeling full quickly, urinary symp- of the severity of prostate cancer; got together on the ninth hour of the ninth toms, and several other symptoms that are Whereas the probability that obesity will day of the ninth month of the year and asked easily confused with other diseases; lead to death and high cholesterol levels is the world to remember that, during the 9 Whereas, in June 2007, the first national strongly associated with advanced prostate months of pregnancy, a woman should not consensus statement on ovarian cancer cancer; consume alcohol . . . would the rest of the symptoms was developed to provide consist- Whereas males in the United States with 1 world listen?’’; and ency in describing symptoms to make it family member diagnosed with prostate can- Whereas, on the ninth day of the ninth easier for women to learn and remember the cer have a 33 percent chance of being diag- month of each year since 1999, communities symptoms; nosed with the disease, males with 2 family around the world have observed Inter- Whereas there are known methods to remembers diagnosed have an 83 percent national Fetal Alcohol Syndrome Awareness duce the risk of ovarian cancer, including chance, and males with 3 family members di- Day: Now, therefore, be it prophylactic surgery, oral contraceptives, agnosed have a 97 percent chance; Resolved, That the Senate— and breast-feeding; Whereas screening by a digital rectal ex- (1) designates September 9, 2012, as ‘‘Na- Whereas, due to the lack of a reliable early amination and a prostate-specific antigen tional Fetal Alcohol Spectrum Disorders detection test, 75 percent of cases of ovarian blood test can detect the disease at the early Awareness Day’’; and cancer are detected at an advanced stage, stages, increasing the chances of survival for (2) calls on the people of the United States making the overall 5-year survival rate only more than 5 years to nearly 100 percent; to observe National Fetal Alcohol Spectrum 45 percent; Whereas only 27.8 percent of males survive Disorders Awareness Day with— Whereas there are factors that are known more than 5 years if diagnosed with prostate (A) appropriate ceremonies— to reduce the risk for ovarian cancer and cancer after the cancer has metastasized; (i) to promote awareness of the effects of that play an important role in the preven- Whereas there are no noticeable symptoms prenatal exposure to alcohol; tion of the disease; of prostate cancer while the cancer is in the (ii) to increase compassion for individuals Whereas awareness of the symptoms of early stages, making screening critical; Whereas ongoing research promises further affected by prenatal exposure to alcohol; ovarian cancer by women and health care improvements in prostate cancer prevention, (iii) to minimize the effects of prenatal ex- providers can lead to a quicker diagnosis; early detection, and treatment; and posure to alcohol; and Whereas, each year during the month of Whereas educating people in the United (iv) to ensure healthier communities September, the Ovarian Cancer National Al- States, including health care providers, across the United States; and liance and its partner members hold a num- about prostate cancer and early detection (B) a moment of reflection during the ber of events to increase public awareness of strategies is crucial to saving the lives of ninth hour of September 9, 2012, to remember ovarian cancer; and males and preserving and protecting fami- that a woman should not consume alcohol Whereas September 2012 should be des- lies: Now, therefore, be it during the 9 months of her pregnancy. ignated as ‘‘National Ovarian Cancer Aware- Resolved, That the Senate— f ness Month’’ to increase the awareness of the (1) designates September 2012 as ‘‘National public regarding the cancer: Prostate Cancer Awareness Month’’; SENATE RESOLUTION 537—SUP- Now, therefore, be it PORTING THE GOALS AND (2) declares that steps should be taken— Resolved, That the Senate supports the (A) to raise awareness about the impor- IDEALS OF NATIONAL OVARIAN goals and ideals of National Ovarian Cancer tance of screening methods for, and treat- CANCER AWARENESS MONTH Awareness Month. ment of, prostate cancer; Ms. STABENOW (for herself, Ms. f (B) to increase research funding in an SNOWE, Mr. BENNET, Mr. BLUMENTHAL, SENATE RESOLUTION 538—DESIG- amount commensurate with the burden of prostate cancer so that— Mrs. BOXER, Mr. BROWN of Massachu- NATING SEPTEMBER 2012 AS (i) screening and treatment for prostate setts, Mr. BROWN of Ohio, Ms. CANT- ‘‘NATIONAL PROSTATE CANCER cancer may be improved; WELL, Mr. CARDIN, Mrs. FEINSTEIN, Mr. AWARENESS MONTH’’ (ii) the causes of prostate cancer may be KERRY, Mr. LAUTENBERG, Mr. MENEN- Mr. SESSIONS (for himself, Mr. discovered; and DEZ, Mr. MERKLEY, Ms. MIKULSKI, Mr. CARDIN, Mr. KERRY, Mr. LUGAR, Mr. (iii) a cure for prostate cancer may be de- MORAN, Mr. SCHUMER, Mr. TESTER, Mr. veloped; and SHELBY, Mr. MENENDEZ, Mr. TESTER, UDALL of Colorado, Mr. WEBB, Mr. (C) to continue to consider ways for im- Mr. LIEBERMAN, Mr. WYDEN, Mrs. WHITEHOUSE, and Ms. MURKOWSKI) sub- proving access to, and the quality of, health HUTCHISON, Mr. ROBERTS, Mr. CRAPO, mitted the following resolution; which care services for detecting and treating pros- Mr. CHAMBLISS, Mr. COCHRAN, Mr. ISAK- was considered and agreed to: tate cancer; and SON, Mr. WICKER, Mr. INHOFE, Mr. (3) calls on the people of the United States, S. RES. 537 MORAN, Mr. BROWN of Massachusetts, interested groups, and affected persons— Whereas ovarian cancer is the deadliest of Mr. AKAKA, Mr. KIRK, Ms. MURKOWSKI, (A) to promote awareness of prostate can- all gynecologic cancers; and Mrs. FEINSTEIN) submitted the fol- cer; Whereas ovarian cancer is the 5th leading lowing resolution; which was consid- (B) to take an active role in the fight to cause of cancer deaths among women in the ered and agreed to: end the devastating effects of prostate can- United States; cer on individuals, families, and the econ- S. RES. 538 Whereas approximately 22,000 women will omy; and be diagnosed with ovarian cancer this year, Whereas countless families in the United (C) to observe National Prostate Cancer and 15,500 will die from the disease; States live with prostate cancer; Awareness Month with appropriate cere- Whereas these deaths are those of our Whereas 1 in 6 males in the United States monies and activities. mothers, sisters, daughters, family members, will be diagnosed with prostate cancer dur- and community leaders; ing his lifetime; f Whereas the mortality rate for ovarian Whereas prostate cancer is the most com- SENATE RESOLUTION 539—DESIG- cancer has not significantly decreased since monly diagnosed non-skin cancer and the NATING OCTOBER 13, 2012, AS the ‘‘War on Cancer’’ was declared, more second most common cause of cancer-related ‘‘NATIONAL CHESS DAY’’ than 40 years ago; deaths among males in the United States; Whereas all women are at risk for ovarian Whereas, in 2012, the American Cancer So- Mr. ROCKEFELLER (for himself, Mr. cancer, and 90 percent of women diagnosed ciety estimates that 241,740 males will be di- ALEXANDER, and Mr. LEVIN) submitted with ovarian cancer do not have a family agnosed with prostate cancer, and 28,170 the following resolution; which was history that puts them at higher risk; males will die from the disease; considered and agreed to:

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S. RES. 539 Whereas convenient care clinicians all posed by him to the bill S. 3414, supra; which Whereas there are more than 80,000 mem- have advanced education in providing qual- was ordered to lie on the table. bers of the United States Chess Federation ity health care for common episodic ail- SA 2746. Ms. LANDRIEU submitted an (referred to in this preamble as the ‘‘Federa- ments including cold and flu, skin irritation, amendment intended to be proposed by her tion’’), and an unknown number of addi- and muscle strains and sprains, and can also to the bill S. 3414, supra; which was ordered tional people in the United States who play provide immunizations, physicals, and pre- to lie on the table. chess without joining an official organiza- ventive health screening; SA 2747. Mr. PAUL submitted an amend- tion; Whereas convenient care clinics are proven ment intended to be proposed by him to the Whereas approximately 1⁄2 of the members to be a cost-effective alternative to similar bill S. 3414, supra; which was ordered to lie of the Federation are members of scholastic treatment obtained in physicians’ offices, ur- on the table. chess programs, and many of those members gent care clinics, or emergency departments; SA 2748. Mr. AKAKA (for himself, Mr. join the Federation by the age of 10; and BLUMENTHAL, Mr. COONS, Mr. FRANKEN, Mr. Whereas the Federation is very supportive Whereas convenient care clinics com- SANDERS, Mr. UDALL of New Mexico, Mr. of scholastic chess programs and sponsors a plement traditional medical service pro- WYDEN, Mr. DURBIN, and Mrs. SHAHEEN) sub- Certified Chess Coach program that provides viders by providing extended weekday and mitted an amendment intended to be pro- the coaches involved in the scholastic chess weekend hours without the need for an ap- posed by him to the bill S. 3414, supra; which programs with training and ensures schools pointment, short wait times, and visits that was ordered to lie on the table. and students can have confidence in the pro- generally last only 15 to 20 minutes: Now, SA 2749. Mrs. MURRAY (for herself and Ms. grams; therefore, be it LANDRIEU) submitted an amendment in- Whereas many studies have linked scho- Resolved, That the Senate— tended to be proposed by her to the bill S. lastic chess programs to the improvement of (1) designates the week of August 6 3414, supra; which was ordered to lie on the students’ scores in reading and math, as well through August 10, 2012, as ‘‘National Con- table. as improved self-esteem; venient Care Clinic Week’’; SA 2750. Mr. MANCHIN submitted an Whereas the Federation offers guidance to (2) supports the goals and ideals of Na- amendment intended to be proposed by him educators to help incorporate chess into the tional Convenient Care Clinic Week to raise to the bill S. 3414, supra; which was ordered school curriculum; awareness of the need for accessible and to lie on the table. Whereas chess is a powerful cognitive cost-effective health care options to com- SA 2751. Mr. LIEBERMAN submitted an learning tool that can be used to successfully plement the traditional health care model; amendment intended to be proposed by him enhance students’ reading skills and under- (3) recognizes that many people in the to the bill S. 3414, supra; which was ordered standing of math concepts; and United States face difficulties accessing tra- to lie on the table. Whereas chess engages students of all ditional models of health care delivery; SA 2752. Mr. JOHNSON of South Dakota learning styles and strengths and promotes (4) supports the use of convenient care submitted an amendment intended to be pro- problem-solving and higher-level thinking clinics as an adjunct to the traditional posed by him to the bill S. 3414, supra; which skills: Now, therefore, be it model of health care delivery; and was ordered to lie on the table. Resolved, That the Senate— (5) calls on the States to support the estab- SA 2753. Mr. JOHNSON of South Dakota (1) designates October 13, 2012, as ‘‘Na- lishment of convenient care clinics so that submitted an amendment intended to be pro- tional Chess Day’’ to enhance awareness and more people in the United States will have posed by him to the bill S. 3414, supra; which encourage students and adults to play chess, access to the cost-effective and necessary was ordered to lie on the table. a game known to enhance critical-thinking emergent and preventive services provided in SA 2754. Mr. JOHNSON of South Dakota and problem-solving skills; and the clinics. submitted an amendment intended to be pro- (2) encourages the people of the United f posed by him to the bill S. 3414, supra; which States to observe National Chess Day with was ordered to lie on the table. appropriate programs and activities. SENATE CONCURRENT RESOLU- SA 2755. Mr. JOHNSON of South Dakota TION 55—DIRECTING THE CLERK submitted an amendment intended to be pro- f OF THE HOUSE OF REPRESENTA- posed by him to the bill S. 3414, supra; which SENATE RESOLUTION 540—DESIG- TIVES TO MAKE A CORRECTION was ordered to lie on the table. NATING THE WEEK OF AUGUST 6 IN THE ENROLLMENT OF H.R. SA 2756. Mr. JOHNSON of South Dakota THROUGH AUGUST 10, 2012, AS 1627 submitted an amendment intended to be pro- ‘‘NATIONAL CONVENIENT CARE posed by him to the bill S. 3414, supra; which Mr. HARKIN submitted the following was ordered to lie on the table. CLINIC WEEK’’ concurrent resolution; which was con- SA 2757. Mr. JOHNSON of South Dakota Mr. INOUYE (for himself and Mr. sidered and agreed to: submitted an amendment intended to be proposed by him to the bill S. 3414, supra; which COCHRAN) submitted the following reso- S. CON. RES. 55 was ordered to lie on the table. lution; which was considered and Resolved by the Senate (the House of Rep- agreed to: SA 2758. Mr. JOHNSON of South Dakota resentatives concurring), That, in the enroll- submitted an amendment intended to be pro- S. RES. 540 ment of the bill (H.R. 1627) an Act to amend posed by him to the bill S. 3414, supra; which Whereas convenient care clinics are health title 38, United States Code, to furnish hos- was ordered to lie on the table. care facilities located in high-traffic retail pital care and medical services to veterans SA 2759. Mr. JOHNSON of South Dakota outlets that provide affordable and acces- who were stationed at Camp Lejeune, North submitted an amendment intended to be pro- sible care to patients who have little time to Carolina, while the water was contaminated posed by him to the bill S. 3414, supra; which schedule an appointment with a traditional at Camp Lejeune, to improve the provision of was ordered to lie on the table. primary care provider or are otherwise un- housing assistance to veterans and their SA 2760. Mr. JOHNSON of South Dakota able to schedule such an appointment; families, and for other purposes, the Clerk of submitted an amendment intended to be pro- Whereas millions of people in the United the House of Representatives shall make the posed by him to the bill S. 3414, supra; which States do not have a primary care provider, following correction: in section 201, strike was ordered to lie on the table. and there is a worsening primary care pro- ‘‘Andrew Connelly’’ and insert ‘‘Andrew Con- SA 2761. Mr. JOHNSON of South Dakota vider shortage that will prevent many people nolly’’. submitted an amendment intended to be pro- from obtaining one in the future; f posed by him to the bill S. 3414, supra; which Whereas convenient care clinics have pro- AMENDMENTS SUBMITTED AND was ordered to lie on the table. vided an accessible alternative for more than SA 2762. Mr. JOHNSON of South Dakota 15,000,000 people in the United States since PROPOSED submitted an amendment intended to be pro- the first clinic opened in 2000, the number of SA 2743. Mr. PAUL submitted an amend- posed by him to the bill S. 3414, supra; which convenient care clinics continues to increase ment intended to be proposed by him to the was ordered to lie on the table. rapidly, and as of June 2012, there are ap- bill S. 3414, to enhance the security and resil- SA 2763. Ms. LANDRIEU submitted an proximately 1,350 convenient care clinics in iency of the cyber and communications in- amendment intended to be proposed by her 35 States; frastructure of the United States; which was to the bill S. 3414, supra; which was ordered Whereas convenient care clinics follow ordered to lie on the table. to lie on the table. rigid industry-wide quality of care and safe- SA 2744. Mr. HOEVEN submitted an SA 2764. Mr. COCHRAN submitted an ty standards; amendment intended to be proposed by him amendment intended to be proposed by him Whereas convenient care clinics are staffed to the bill S. 3414, supra; which was ordered to the bill S. 3414, supra; which was ordered by highly qualified health care providers, in- to lie on the table. to lie on the table. cluding advanced practice nurses, physician SA 2745. Mr. BROWN of Massachusetts sub- SA 2765. Mr. COCHRAN submitted an assistants, and physicians; mitted an amendment intended to be pro- amendment intended to be proposed by him

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

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

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13040 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 of the head of the Federal agency and the On page 22, beginning on line 11, strike ‘‘180 On page 46, beginning on line 6, strike ‘‘im- Secretary under sections 3553 and 3554 of days’’ and insert ‘‘1 year’’. prove and continuously monitor’’ and insert title 44, United States Code, as amended by On page 22, line 13, strike ‘‘1 year’’ and in- ‘‘continuously monitor and improve’’. this Act. sert ‘‘18 months’’. On page 46, beginning on line 25, strike On page 10, line 7, before ‘‘; and’’ insert ‘‘, On page 25, strike lines 10 through 17 and ‘‘the complete set of’’. in connection with activities authorized and insert the following: On page 47, line 2, after ‘‘system’’ insert conducted in accordance with this title’’. (1) IN GENERAL.—After the Council adopts a ‘‘have been implemented and’’. On page 10, beginning on line 9, strike cybersecurity practice, a relevant sector co- On page 47, line 5, strike ‘‘To the max- ‘‘technical guidance or assistance to owners ordinating council and the Critical Infra- imum’’ and all that follows through line 9. and operators consistent with this title’’ and structure Partnership Advisory Council may On page 47, line 22, after ‘‘protected’’ insert insert ‘‘guidance on the application of cyber- issue a public report evaluating the cyberse- ‘‘, or in accordance with section 3553(d)(3)’’. security practices in accordance with this curity practice, which may include input On page 47, between lines 22 and 23, insert title’’. from appropriate institutions of higher edu- the following: On page 10, line 18, insert ‘‘and’’ after the cation, including university information se- ‘‘(4) CYBERSECURITY SERVICES.—The term semicolon. curity centers, national laboratories, and ap- ‘‘cybersecurity services’’ means products, On page 11, strike lines 1 through 13 and in- propriate nongovernmental cybersecurity goods, or services intended to detect, miti- sert the following: experts. gate, or prevent cybersecurity threats. (d) MEMBERSHIP.—The Council shall be On page 25, line 19, strike ‘‘consider any re- On page 47, line 23, strike ‘‘(4)’’ and insert comprised of— view conducted’’ and insert ‘‘consider, in ac- ‘‘(5)’’. (1) the Secretary of Commerce; cordance with subsection (c), any public re- On page 48, line 8, strike ‘‘(5)’’ and insert (2) the Secretary of Defense; port issued’’. ‘‘(6)’’. (3) the Attorney General; On page 25, strike lines 21 through 24 and On page 49, line 1, strike ‘‘(6)’’ and insert (4) the Director of National Intelligence; insert the following: ‘‘(7)’’. (5) the heads of sector-specific Federal (i) VOLUNTARY GUIDANCE.—At the request On page 49, line 4, strike ‘‘(7)’’ and insert agencies that are appointed by the Presi- of an owner or operator, the Council may ‘‘(8)’’. dent, by and with the advice and consent of provide guidance on the application of cyber- On page 50, line 13, strike ‘‘(8)’’ and insert the Senate, as determined by the President security practices to the critical infrastruc- ‘‘(9)’’. On page 53, line 7, strike ‘‘and penetration in accordance with subsection (g); ture in accordance with this title. testing’’ and insert ‘‘, penetration testing, (6) the heads of Federal agencies with re- On page 26, line 5, strike ‘‘1 year’’ and in- and the operation of a continuous moni- sponsibility for regulating the security of sert ‘‘18 months’’. toring capability to provide real-time visi- critical cyber infrastructure that are ap- On page 27, line 13, strike ‘‘an assessment’’ bility into the condition and status of agen- pointed by the President, by and with the ad- and insert ‘‘a third-party assessment, in ac- cy information systems’’. vice and consent of the Senate, as deter- cordance with subsection (b),’’. On page 57, beginning on line 21, strike ‘‘or mined by the President in accordance with On page 28, beginning on line 15, strike information security services’’ and insert subsection (g); and ‘‘specific cybersecurity measures that, if im- ‘‘services, remote computing services, or cy- (7) the Secretary. plemented, would’’ and insert ‘‘guidance on bersecurity services’’. On page 12, line 3, after ‘‘provide’’ insert ‘‘, how to’’. On page 57, line 24, strike ‘‘or to deploy to the maximum extent possible,’’. On page 29, line 5, strike ‘‘owner’’ and all countermeasures’’ and insert ‘‘, deploy coun- On page 12, line 5, after ‘‘provide’’ insert ‘‘, that follows through line 7, and insert the termeasures, or otherwise operate protective to the maximum extent possible,’’. following: ‘‘owner has effectively imple- On page 12, line 8, strike ‘‘A’’ and insert mented cybersecurity measures sufficient to capabilities’’. On page 60, line 17, strike ‘‘Assistant Sec- ‘‘The head of a’’. satisfy the outcome-based cybersecurity On page 12, line 9, strike ‘‘and a’’ and in- practices established under section 103.’’. retary’’ and all that follows through line 19, sert ‘‘or a’’. On page 30, line 20, strike ‘‘Subaragraph’’ and insert the following: ‘‘Director of the On page 12, line 13, after ‘‘responsibility’’ and insert ‘‘Subparagraph’’. National Center for Cybersecurity and Com- insert ‘‘, including’’. On page 34, line 15, before ‘‘or’’ insert ‘‘in- munications.’’. On page 13, line 13, after ‘‘with’’ insert ‘‘ap- cluding under title II of the Homeland Secu- On page 76, line 5, strike ‘‘section 3553’’ and propriate’’. rity Act of 2002 (6 U.S.C. 121 et seq.),’’. insert ‘‘section 3553(d)(3)’’. On page 13, line 20, strike ‘‘180 days’’ and On page 35, beginning on line 19, strike On page 77, beginning on line 17, strike insert ‘‘90 days’’. ‘‘treated as voluntarily shared critical infra- ‘‘under the control of the Department of De- On page 15, between lines 9 and 10, insert structure information under’’ and insert ‘‘af- fense’’ and insert ‘‘described in section the following: forded the protections of’’. 3553(g)(2)’’. (6) INITIAL ASSESSMENTS.—Not later than On page 36, beginning on line 16, strike On page 77, beginning on line 20, strike 270 days after the date of enactment of this ‘‘covered critical’’ and insert ‘‘critical ‘‘under the control of the Central Intel- Act, the member agency designated under cyber’’. ligence Agency’’ and insert ‘‘described in paragraph (1) shall complete initial cyber On page 36, beginning on line 19, strike section 3553(g)(3)’’. risk assessments described in paragraph ‘‘concerns (in addition to any concerns de- On page 77, beginning on line 24, strike (2)(B). scribed under subparagraph (A))’’ and insert ‘‘under the control of the Office of the Direc- On page 17, line 16, strike ‘‘damage’’ and ‘‘other concerns’’. tor of National Intelligence’’ and insert ‘‘de- insert ‘‘harm’’. On page 37, line 11, strike ‘‘specifically pro- scribed in section 3553(g)(4)’’. On page 18, line 2, strike ‘‘damage’’ and in- hibited by law or is’’. On page 81, strike the matter between lines sert ‘‘harm’’. On page 37, line 14, after ‘‘affairs’’ insert 15 and 16 and insert the following: On page 20, line 5, strike ‘‘180 days’’ and in- ‘‘or the disclosure of which is otherwise sub- ‘‘SUBCHAPTER II—INFORMATION SECURITY sert ‘‘1 year’’. ject to legal restrictions’’. ‘‘3551. Purposes. On page 20, line 12, strike ‘‘, standards,’’. On page 41, line 4, strike ‘‘1 year’’ and in- ‘‘3552. Definitions. On page 20, line 22, after ‘‘with’’ insert ‘‘ap- sert ‘‘2 years’’. ‘‘3553. Federal information security author- propriate’’. On page 42, line 16, strike ‘‘covered crit- ity and coordination. On page 21, beginning on line 3, strike ‘‘rel- ical’’ and insert ‘‘critical cyber’’. ‘‘3554. Agency responsibilities. evant security experts and’’ and insert ‘‘ap- On page 43, line 14, after ‘‘and’’ insert ‘‘in ‘‘3555. Annual assessments. propriate security experts,’’. connection with affording the protections of ‘‘3556. Independent evaluations. On page 21, between lines 17 and 18, insert section 214 of the Homeland Security Act of ‘‘3557. National security systems. the following: 2012 (6 U.S.C. 133) to covered information in ‘‘3558. Effect on existing law.’’. (2) NIST INVOLVEMENT.—As part of the accordance with’’. On page 90, line 16, before ‘‘National’’ in- process described in paragraph (1), the Direc- On page 44, beginning on line 6, strike ‘‘a sert ‘‘functions of the’’. tor of the National Institute of Standards private sector coordinating council’’ and in- On page 90, beginning on line 17, strike ‘‘on and Technology shall be invited to provide sert ‘‘the entity’’. the date of enactment of the Cybersecurity advice and guidance on any possible amend- On page 44, line 9, strike ‘‘sector of critical Act of 2012’’ and insert ‘‘transferred to the ments to the cybersecurity practices and any infrastructure’’ and insert ‘‘critical infra- Department’’. additional cybersecurity practices in con- structure or key resource sector’’. On page 90, line 19, strike ‘‘Order 12472’’ sultation with appropriate public and private On page 44, line 10, after ‘‘Plan’’ insert ‘‘, and insert ‘‘Order 13618’’. stakeholders. or any successor plan’’. On page 91, beginning on line 19, strike On page 21, line 18, strike ‘‘(2)’’ and insert On page 44, line 15, strike ‘‘under the Na- ‘‘National Communications System’’ and in- ‘‘(3)’’. tional’’ and all that follows through line 18, sert ‘‘functions of the National Communica- On page 21, line 19, strike ‘‘1 year’’ and in- and insert the following: ‘‘, as designated by tions System transferred to the Department sert ‘‘18 months’’. the President or the President’s designee.’’. under section 201(g)’’.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.002 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13041 On page 91, line 20, strike ‘‘the’’ and insert States; which was ordered to lie on the result in catastrophic economic damage to ‘‘their’’. table; as follows: the United States. On page 91, line 21, strike ‘‘liabilities of On page 156, line 3, strike ‘‘(1);’’ and all the’’ and all that follows through line 24, and SA 2756. Mr. JOHNSON of South Da- that follows through ‘‘any public’’ on line 10 insert ‘‘liabilities.’’. kota submitted an amendment in- and insert ‘‘(1); and On page 93, line 20, after ‘‘providing’’ insert ‘‘(3) any public’’. tended to be proposed by him to the ‘‘technical assistance, analysis of incidents, bill S. 3414, to enhance the security and and other’’. SA 2753. Mr. JOHNSON of South Da- resiliency of the cyber and communica- On page 102, line 5, after ‘‘as’’ insert ‘‘ap- tions infrastructure of the United propriate and’’. kota submitted an amendment in- On page 105, line 23, strike ‘‘authorized’’ tended to be proposed by him to the States; which was ordered to lie on the and insert ‘‘permitted’’. bill S. 3414, to enhance the security and table; as follows: On page 105, line 24, strike ‘‘Code, or’’ and resiliency of the cyber and communica- On page 55, line 22, insert ‘‘, with the con- insert ‘‘Code,’’. tions infrastructure of the United currence of the affected agency,’’ after ‘‘the On page 106, line 2, after ‘‘et seq.)’’ insert ‘‘, States; which was ordered to lie on the Secretary’’. or section 3553 of title 44, United States table; as follows: Code’’. SA 2757. Mr. JOHNSON of South Da- On page 113, line 19, after ‘‘Communica- On page 61, between lines 4 and 5, insert kota submitted an amendment in- tions’’ insert ‘‘, and in consultation with the the following: tended to be proposed by him to the Director of the National Institute of Stand- ‘‘(D) CRITICAL INFRASTRUCTURE.—Notwith- bill S. 3414, to enhance the security and ards and Technology and the Administrator standing subparagraph (A), if an agency identifies a system to the Secretary in writ- resiliency of the cyber and communica- of the National Telecommunications and In- tions infrastructure of the United formation Administration’’. ing as a system the disruption of which On page 120, line 15, before ‘‘of’’ insert ‘‘and would cause grave damage to the economic States; which was ordered to lie on the the Committee on Homeland Security and infrastructure of the United States, includ- table; as follows: Governmental Affairs’’. ing a system used to carry out payment, fis- On page 51, line 12, strike ‘‘used or’’. On page 120, line 16, after ‘‘Technology’’ in- cal agency, lending, or liquidity activities or sert ‘‘and the Committee on Oversight and Federal open market operations, the Sec- SA 2758. Mr. JOHNSON of South Da- Government Reform’’. retary may authorize the use of protective kota submitted an amendment in- On page 125, line 15, after ‘‘other’’ insert capabilities that affect the system only with tended to be proposed by him to the ‘‘cybersecurity’’. the concurrence of the head of that agency. bill S. 3414, to enhance the security and On page 128, line 18, after ‘‘Secretary’’ in- resiliency of the cyber and communica- Mr. JOHNSON of South Da- sert ‘‘and the Director of the Office of Per- SA 2754. tions infrastructure of the United kota submitted an amendment in- sonnel Management’’. States; which was ordered to lie on the On page 130, line 12, strike ‘‘shall’’ and intended to be proposed by him to the table; as follows: sert ‘‘may’’. bill S. 3414, to enhance the security and On page 131, line 16, after ‘‘Foundation’’ in- On page 18, line 25, strike ‘‘or’’ and all that resiliency of the cyber and communica- follows through page 19, line 2, and insert the sert ‘‘, in coordination with the Director of tions infrastructure of the United the Office of Personnel Management,’’. following: On page 134, line 6, strike ‘‘all’’ and insert States; which was ordered to lie on the (C) a commercial item that organizes or ‘‘appropriate’’. table; as follows: communicates information electronically; or On page 136, line 17, strike ‘‘engaged in’’ On page 60, strike lines 1 through 13 and in- (D) critical infrastructure that is subject and insert ‘‘in vacant positions that are part sert the following: to the requirements under subchapter II of of the Federal’’. ‘‘(A) IN GENERAL.—If the Secretary deter- chapter 35 of title 44, United States Code, as On page 147, strike the matter between mines that there is a substantial and immi- amended by section 201 of this Act. lines 3 and 4 and insert the following: nent threat to agency information systems and, after consultation with the affected SA 2759. Mr. JOHNSON of South Da- ‘‘Sec. 245. National Center for Cybersecurity kota submitted an amendment in- and Communications acquisi- agency, determines that a directive under tion authorities. this subsection is not reasonably likely to tended to be proposed by him to the ‘‘Sec. 246. Recruitment and retention pro- result in a timely response to the threat, the bill S. 3414, to enhance the security and gram for the National Center Secretary may authorize the use of protec- resiliency of the cyber and communica- for Cybersecurity and Commu- tive capabilities under the control of the tions infrastructure of the United nications.’’. Secretary for communications or other sys- States; which was ordered to lie on the tem traffic transiting to or from or stored on On page 152, strike line 20 and all that fol- table; as follows: an agency information system. If prior con- lows through page 153, line 14, and insert the sultation with the affected agency is not rea- On page 12, between lines 21 and 22, insert following: sonably practicable under the cir- the following: (1) legal or other impediments to appro- cumstances, the Secretary may authorize (h) FEDERAL RESERVE BANKS.—For pur- priate public awareness of the nature of, the use of the protective capabilities without poses of this title, the Federal agency with methods of propagation of, and damage prior consultation with the affected agency responsibility for regulating the security of caused by common cybersecurity threats for the purpose of ensuring the security of critical cyber infrastructure of the Federal such as computer viruses, phishing tech- the information or information system or Reserve Banks is the Board of Governors of niques, and malware; and other agency information systems. the Federal Reserve System. (2) a summary of the plans of the Secretary to enhance public awareness of common cy- SA 2760. Mr. JOHNSON of South Da- Mr. JOHNSON of South Da- bersecurity threats, including a description SA 2755. kota submitted an amendment in- of the metrics used by the Department for kota submitted an amendment intended to be proposed by him to the evaluating the efficacy of public awareness tended to be proposed by him to the bill S. 3414, to enhance the security and campaigns. bill S. 3414, to enhance the security and resiliency of the cyber and communica- On page 201, line 19, strike ‘‘or’’. resiliency of the cyber and communications infrastructure of the United On page 201, between lines 19 and 20, insert tions infrastructure of the United the following: States; which was ordered to lie on the States; which was ordered to lie on the table; as follows: (11) to alter or amend the law enforcement table; as follows: or intelligence authorities of any agency or On page 12, line 12, insert ‘‘or owner’’ after Federal cybersecurity center; or On page 58, strike lines 18 through 21 and ‘‘the sector’’. On page 201, line 20, strike ‘‘(11)’’ and insert insert the following: ‘‘(12)’’. ‘‘(B) EXCEPTION.—The authorities of the SA 2761. Mr. JOHNSON of South Da- Secretary under this subsection shall not kota submitted an amendment in- SA 2752. Mr. JOHNSON of South Da- apply to— tended to be proposed by him to the kota submitted an amendment in- ‘‘(i) a system described in paragraph (2), bill S. 3414, to enhance the security and (3), or (4) of subsection (g); or tended to be proposed by him to the ‘‘(ii) a system used to carry out payment, resiliency of the cyber and communica- bill S. 3414, to enhance the security and fiscal agency, lending, or liquidity activities tions infrastructure of the United resiliency of the cyber and communica- or Federal open market operations where the States; which was ordered to lie on the tions infrastructure of the United disruption of such system could reasonably table; as follows:

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On page 11, between lines 12 and 13, insert ‘‘(A) IN GENERAL.—If the Secretary deter- At the appropriate place, insert the fol- the following: mines that there is a substantial and immi- lowing: (7) the Department of the Treasury; and nent threat to agency information systems SEC. ll. CRITICAL COMMUNICATIONS INFRA- and, after consultation with the affected STRUCTURE PILOT PROGRAM. SA 2762. Mr. JOHNSON of South Da- agency, determines that a directive under (a) DEFINITION.—In this section, the term kota submitted an amendment in- this subsection is not reasonably likely to ‘‘passive Internet Protocol route analytics’’ tended to be proposed by him to the result in a timely response to the threat, the means a method for determining behaviors, bill S. 3414, to enhance the security and Secretary may authorize the use of protec- patterns, and statuses of Internet Protocol resiliency of the cyber and communica- tive capabilities under the control of the network equipment and paths without— Secretary for communications or other sys- (1) actively communicating directly with tions infrastructure of the United tem traffic transiting to or from or stored on network equipment, such as routers and States; which was ordered to lie on the an agency information system. If prior con- switches; or table; as follows: sultation with the affected agency is not rea- (2) significantly inspecting the contents of On page 11, line 12, strike ‘‘and’’. sonably practicable under the cir- an Internet Protocol network packet. On page 11, between lines 12 and 13, insert cumstances, the Secretary may authorize (b) ESTABLISHMENT.—Not later than 6 the following: the use of the protective capabilities without months after the date of enactment of this (7) the Department of the Treasury; and prior consultation with the affected agency Act, the Manager of the National Coordi- On page 11, line 13, strike ‘‘(7)’’ and insert for the purpose of ensuring the security of nating Center for Telecommunications, act- ‘‘(8)’’. the information or information system or ing through the National Communications On page 12, line 12, insert ‘‘or owner’’ after other agency information systems. System, shall initiate a 12-month pilot pro- ‘‘the sector’’. On page 61, between lines 4 and 5, insert gram to evaluate enhanced critical commu- On page 12, between lines 21 and 22, insert the following: nications infrastructure, including systems the following: ‘‘(D) CRITICAL INFRASTRUCTURE.—Notwith- supporting operational and situational (h) FEDERAL RESERVE BANKS.—For pur- standing subparagraph (A), if an agency awareness, national security, and emergency poses of this title, the Federal agency with identifies a system to the Secretary in writ- preparedness. responsibility for regulating the security of ing as a system the disruption of which (c) EVALUATION CRITERIA.—By means of critical cyber infrastructure of the Federal would cause grave damage to the economic passive Internet Protocol route analytics, Reserve Banks is the Board of Governors of infrastructure of the United States, includ- the pilot program under this section shall in- the Federal Reserve System. ing a system used to carry out payment, fis- clude criteria to evaluate the status of a rep- On page 18, line 25, strike ‘‘or’’ and all that cal agency, lending, or liquidity activities or resentative subset of critical communica- follows through page 19, line 2, and insert the Federal open market operations, the Sec- tions infrastructure. following: retary may authorize the use of protective (d) CONNECTIVITY.—The program shall at a (C) a commercial item that organizes or capabilities that affect the system only with minimum provide— communicates information electronically; or the concurrence of the head of that agency. (1) end-to-end connectivity between the (D) critical infrastructure that is subject On page 61, line 5, strike ‘‘(D)’’ and insert National Center for Critical Information to the requirements under subchapter II of ‘‘(E)’’. Processing and Storage and United States chapter 35 of title 44, United States Code, as On page 156, line 3, insert ‘‘and’’ after the Pacific Command facilities; and amended by section 201 of this Act. semicolon. (2) undersea communications between the On page 51, line 12, strike ‘‘used or’’. On page 156, strike lines 4 through 9. mainland of the United States and Europe. On page 55, line 22, insert ‘‘, with the con- On page 156, line 10, strike ‘‘(4)’’ and insert (e) TERMINATION.—The pilot program es- currence of the affected agency,’’ after ‘‘the ‘‘(3)’’. tablished under this section shall terminate Secretary’’. 1 year after the date on which the program is On page 58, strike line 18 and all that fol- SA 2763. Ms. LANDRIEU submitted established. lows through page 60, line 13, and insert the an amendment intended to be proposed (f) REPORT.—Not later than 6 months after following: by her to the bill S. 3414, to enhance the termination date described in subsection ‘‘(B) EXCEPTION.—The authorities of the the security and resiliency of the cyber (e), the Manager of the National Coordi- Secretary under this subsection shall not and communications infrastructure of nating Center for Telecommunications, act- apply to— the United States; which was ordered ing through the National Communications ‘‘(i) a system described in paragraph (2), to lie on the table; as follows: System, shall submit to the appropriate Con- (3), or (4) of subsection (g); or gressional committees a report on the effec- ‘‘(ii) a system used to carry out payment, On page 108, line 21, after ‘‘software’’ insert tiveness and scalability of enhanced critical fiscal agency, lending, or liquidity activities ‘‘, hardware, and other cybersecurity tech- communications infrastructure, including or Federal open market operations where the nology’’. systems supporting operational and situa- On page 121, line 6, after ‘‘science’’ insert disruption of such system could reasonably tional awareness, national security, and ‘‘and cyber-engineering’’. result in catastrophic economic damage to emergency preparedness. On page 121, line 14, after ‘‘Foundation’’ in- the United States. sert ‘‘, in consultation with the Secretary,’’. ‘‘(2) PROCEDURES FOR USE OF AUTHORITY.— SA 2765. Mr. COCHRAN submitted an On page 124, line 13, strike ‘‘national and The Secretary shall— statewide’’ and insert ‘‘national, statewide, amendment intended to be proposed by ‘‘(A) in coordination with the Director of regional, and local’’. him to the bill S. 3414, to enhance the the Office of Management and Budget and, as On page 125, line 24, after ‘‘other’’ insert security and resiliency of the cyber and appropriate, in consultation with operators ‘‘nonprofit or’’. communications infrastructure of the of information systems, establish procedures On page 137, between lines 5 and 6, insert United States; which was ordered to lie governing the circumstances under which a the following: on the table; as follows: directive may be issued under this sub- (e) REPORT.—The Secretary, in coordina- On page 107, line 1, after ‘‘science’’ insert section, which shall include— tion with the Director of the Office of Per- ‘‘, legal,’’. ‘‘(i) thresholds and other criteria; sonnel Management, the Director of Na- On page 108, strike lines 10 and 11 and in- ‘‘(ii) privacy and civil liberties protections; tional Intelligence, the Secretary of Defense, sert the following: and and the Chief Information Officers Council ‘‘(iii) providing notice to potentially af- established under section 3603 of title 44, amended by subsection (f); fected third parties; United States Code, shall submit a report to (12) how improved education of judges and ‘‘(B) specify the reasons for the required the appropriate committees of Congress on other legal professionals can contribute to action and the duration of the directive; whether the establishment of a national in- cybersecurity; and ‘‘(C) minimize the impact of directives stitute dedicated to cybersecurity education (13) any additional objectives the Director under this subsection by— and training described under subsection (b) or ‘‘(i) adopting the least intrusive means is appropriate. On page 115, line 11, before ‘‘; and’’ insert possible under the circumstances to secure the following: ‘‘, including by increasing edu- the agency information systems; and SA 2764. Mr. COCHRAN submitted an cational opportunities for judges and other ‘‘(ii) limiting directives to the shortest pe- amendment intended to be proposed by legal professionals’’. riod practicable; and him to the bill S. 3414, to enhance the On page 125, line 20, after ‘‘State,’’ insert ‘‘(D) notify the Director of the Office of ‘‘national,’’. Management and Budget and head of any af- security and resiliency of the cyber and On page 126, strike lines 9 through 11 and fected agency immediately upon the communications infrastructure of the insert the following: issuance of a directive under this subsection. United States; which was ordered to lie (F) offensive and defensive cyber oper- ‘‘(3) IMMINENT THREATS.— on the table; as follows: ations;

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13043 (G) legal analysis of cyber crime and cy- (A) receive and distribute, in as close to entity to designate, the Secretary shall con- bersecurity; and real time as possible, cybersecurity threat sider the following factors: (H) other areas to fulfill the cybersecurity indicators in accordance with this title and (A) The net effect that such designation At the end of title IV, add the following: the procedures established under subsection would have on the overall cybersecurity of SEC. 416. CYBER EDUCATION AT INSTITUTIONS (a)(2); the United States. OF HIGHER EDUCATION AND CA- (B) facilitate information sharing, inter- (B) Whether such designation could sub- REER AND TECHNICAL INSTITU- action, and collaboration among and be- stantially improve such overall cybersecu- TIONS. tween— rity by serving as a hub for receiving and The Secretary of Education, in coordina- (i) Federal entities; sharing cybersecurity threat indicators in as tion with the Secretary, and after consulta- (ii) State, local, tribal, and territorial gov- close to real time as possible, including the tion with appropriate private entities, ernments; capacity of the non-Federal entity for per- shall— (iii) private entities; forming those functions in accordance with (1) develop model curriculum standards (iv) academia; this title and the procedures established and guidelines to address cyber safety, cy- (v) international partners, in consultation under subsection (a)(2). bersecurity, and cyber ethics for all students with the Secretary of State; and (C) The capacity of such non-Federal enti- enrolled in institutions of higher education, (vi) other cybersecurity exchanges; ty to safeguard cybersecurity threat indica- and all students enrolled in career and tech- (C) disseminate timely and actionable cy- tors from unauthorized disclosure and use. nical institutions, in the United States; and bersecurity threat, vulnerability, mitiga- (D) The adequacy of the policies and proce- (2) analyze and develop recommended tion, and warning information lawfully ob- dures of such non-Federal entity to protect courses for students interested in pursuing tained from any source, including alerts, personally identifiable information from un- careers in information technology, commu- advisories, indicators, signatures, and miti- authorized disclosure and use. nications, computer science, engineering, gation and response measures, to appropriate (E) The ability of the non-Federal entity to law, mathematics, and science, as those sub- Federal and non-Federal entities in accord- sustain operations using entirely non-Fed- jects relate to cybersecurity. ance with this title and the procedures es- eral sources of funding. tablished under subsection (a)(2) in as close (2) REGULATIONS.—The Secretary may pro- SA 2766. Mr. COCHRAN submitted an to real time as possible to improve the secu- mulgate regulations as may be necessary to amendment intended to be proposed by rity and protection of information systems; carry out this subsection. him to the bill S. 3414, to enhance the (D) coordinate with other Federal and non- (f) CONSTRUCTION WITH OTHER AUTHORI- security and resiliency of the cyber and Federal entities, as appropriate, to integrate TIES.—Nothing in this section may be con- communications infrastructure of the information from Federal and non-Federal strued to alter the authorities of a Federal United States; which was ordered to lie entities, including Federal cybersecurity cybersecurity center, unless such cybersecu- centers, non-Federal network or security op- rity center is acting in its capacity as a des- on the table; as follows: eration centers, other cybersecurity ex- ignated cybersecurity exchange. On page 174, strike line 12 and all that fol- changes, and non-Federal entities that dis- (g) CONGRESSIONAL NOTIFICATION OF DES- lows through page 180, line 14, and insert the close cybersecurity threat indicators under IGNATION OF CYBERSECURITY EXCHANGES.— following: section 704(a), in accordance with this title (1) IN GENERAL.—The Secretary, in coordi- SEC. 703. CYBERSECURITY EXCHANGES. and the procedures established under sub- nation with the Director of National Intel- (a) DESIGNATION OF CYBERSECURITY EX- section (a)(2) in as close to real time as pos- ligence, the Attorney General, and the Sec- CHANGES.—The Secretary of Homeland Secu- sible, to provide situational awareness of the retary of Defense, shall promptly notify Con- rity, in consultation with the Director of Na- United States information security posture gress, in writing, of any designation of a cy- tional Intelligence, the Attorney General, and foster information security collabora- bersecurity exchange under this title. and the Secretary of Defense, shall estab- tion among information system owners and (2) REQUIREMENT.—Written notification lish— operators; under paragraph (1) shall include a descrip- (1) a process for designating one or more (E) conduct, in consultation with private tion of the criteria and processes used to appropriate civilian Federal entities or non- entities and relevant Federal and other gov- make the designation. Federal entities to serve as cybersecurity ex- ernmental entities, regular assessments of changes to receive and distribute cybersecu- existing and proposed information sharing SA 2767. Mr. COCHRAN submitted an rity threat indicators; models to eliminate bureaucratic obstacles amendment intended to be proposed by (2) procedures to facilitate and ensure the to information sharing and identify best him to the bill S. 3414, to enhance the sharing of classified and unclassified cyber- practices for such sharing; and security and resiliency of the cyber and security threat indicators in as close to real (F) coordinate with other Federal entities, communications infrastructure of the time as possible with appropriate Federal en- as appropriate, to compile and analyze infor- tities and non-Federal entities in accordance mation about risks and incidents that United States; which was ordered to lie with this title, including through automated threaten information systems, including in- on the table; as follows: and other means that allow for the imme- formation voluntarily submitted in accord- On page 117, strike line 14 and all that fol- diate sharing of such indicators in accordance with section 704(a) or otherwise in ac- lows to page 119, line 2 and insert the fol- ance with this title; and cordance with applicable laws. lowing: (3) a process for identifying certified enti- (3) SCHEDULE FOR DESIGNATION.—The des- (a) ESTABLISHMENT.—Not later than 1 year ties to receive classified cybersecurity ignation of a lead Federal civilian cybersecu- after the date of enactment of this Act, the threat indicators in accordance with para- rity exchange under paragraph (1) shall be Director of the National Science Foundation, graph (2). made concurrently with the issuance of the in coordination with the Secretary, shall es- (b) PURPOSE.—The purpose of a cybersecu- interim policies and procedures under sec- tablish cybersecurity research centers based rity exchange is to receive and distribute, in tion 704(g)(3)(D). at institutions of higher education and other as close to real time as possible, cybersecu- (d) ADDITIONAL CIVILIAN FEDERAL CYBERSE- entities that meet the criteria described in rity threat indicators in accordance with the CURITY EXCHANGES.—In accordance with the subsection (b) to develop solutions and strat- requirements of this title and the procedures process and procedures established in sub- egies that support the efforts of the Federal established under subsection (a)(2), and to section (a), the Secretary, in consultation Government under this Act in— thereby avoid unnecessary and duplicative with the Director of National Intelligence, (1) improving the security and resilience of Federal bureaucracy for information sharing the Attorney General, and the Secretary of information infrastructure; as provided in this title. Defense, may designate additional civilian (2) reducing cyber vulnerabilities; (c) REQUIREMENT FOR A LEAD FEDERAL CI- Federal entities to receive and distribute cy- (3) mitigating the consequences of cyber VILIAN CYBERSECURITY EXCHANGE.— bersecurity threat indicators, if such entities attacks on critical infrastructure; (1) IN GENERAL.—The Secretary, in con- are subject to the requirements for use, re- (4) developing awareness training strate- sultation with the Director of National In- tention, and disclosure of information by a gies for owners and operators of critical intelligence, the Attorney General, and the cybersecurity exchange under section 704(b) frastructure; and Secretary of Defense, shall designate a civil- and the special requirements for Federal en- (5) diversifying cybersecurity research and ian Federal entity as the lead cybersecurity tities under section 704(g). education. exchange to serve as a focal point within the (e) REQUIREMENTS FOR NON-FEDERAL CY- (b) CRITERIA FOR SELECTION.—In selecting Federal Government for cybersecurity infor- BERSECURITY EXCHANGES.— an institution of higher education or other mation sharing among Federal entities and (1) IN GENERAL.—In considering whether to entity to serve as a Research Center for Cy- with non-Federal entities. designate a private entity or any other non- bersecurity, the Director of the National (2) RESPONSIBILITIES.—The lead Federal ci- Federal entity as a cybersecurity exchange Science Foundation shall consider— vilian cybersecurity exchange designated to receive and distribute cybersecurity (1) demonstrated expertise in systems se- under paragraph (1) shall— threat indicators under section 704, and what curity, wireless security, networking and

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(2) demonstrated capability to conduct Education of the National Institute of (a) IN GENERAL.—Section 2 of the Improper high performance computation integral to Standards and Technology and the Director Payments Information Act of 2002 (31 U.S.C. complex cybersecurity research, whether of the National Science Foundation, shall es- 3321 note) is amended— through on-site or off-site computing; tablish a program within the Federal Cyber (1) by redesignating subsections (b) (3) demonstrated expertise in interdiscipli- Service Scholarship for Service to provide through (g) as subsections (c) through (h), re- nary cybersecurity research; education and training in the area of cyber- spectively; (4) affiliation with private sector entities security to veterans (in this section referred (2) by inserting after subsection (a) the fol- involved with industrial research described to as the ‘‘program’’). lowing: in paragraph (1) and ready access to testable (c) ELIGIBLE STUDENTS.—To be eligible ‘‘(b) IMPROVING THE DETERMINATION OF IM- commercial data; under the program, an applicant shall— PROPER PAYMENTS.— (5) prior formal research collaboration ar- (1) be a veteran; and ‘‘(1) IN GENERAL.—The Director of the Of- rangements with institutions of higher edu- (2) pursue a baccalaureate, master’s, or fice of Management and Budget shall on an cation and Federal research laboratories; doctorate degree in a program of study rel- annual basis— (6) capability to conduct research in a se- evant to cybersecurity. ‘‘(A) identify a list of high-priority Federal cure environment; and (d) PRIORITY FOR DISABLED VETERANS.— programs for greater levels of oversight and (7) affiliation with existing research pro- Priority for eligibility under the program review— grams of the Federal Government, including shall be given to veterans who are disabled. ‘‘(i) in which the highest dollar value or designation as a National Center of Aca- (e) ELIGIBLE INSTITUTIONS.—In developing highest rate of improper payments occur; or demic Excellence by the National Security the program, the Director of the Office of ‘‘(ii) for which there is a higher risk of im- Agency. Personnel Management, in coordination with proper payments; and (c) REQUIREMENTS.—The research centers the Director of the National Institute of ‘‘(B) in coordination with the agency re- established under subsection (a) shall in- Standards and Technology, shall designate sponsible for administering the high-priority clude centers led by institutions of higher multiple institutions participating in the program, establish annual targets and semi- education that are eligible institutions, as Federal Cyber Service Scholarship for Serv- annual or quarterly actions for reducing im- defined in section 371(a) of the Higher Edu- ice program on the date of enactment of this proper payments associated with each high- cation Act of 1965 (20 U.S.C. 1067q(a)) that— Act as Centers of Academic Excellence in priority program. (1) have accredited engineering and law Veteran Cyber Security Education, which ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER schools shall be participating institutions for pur- PAYMENTS.— (2) are classified by the Carnegie Founda- poses of the program. ‘‘(A) IN GENERAL.—Subject to Federal pri- tion as research universities with high re- (f) BENEFITS.—Subject to the availability vacy policies and to the extent permitted by search activity; and of appropriations, the Director of the Na- law, each agency with a program identified (3) have been designated as a center of ex- tional Science Foundation shall provide under paragraph (1)(A) on an annual basis cellence or model institute of excellence by a scholarship benefits to eligible students for shall submit to the Inspector General of that Federal agency. attendance at an institution designated agency, and make available to the public (in- (d) ADVISORY BOARD.— under subsection (e). cluding availability through the Internet), a (1) IN GENERAL.—The Secretary of Home- report on that program. (g) DIRECT HIRING AUTHORITY.—The Direc- land Security shall establish a cybersecurity tor of the Office of Personnel Management ‘‘(B) CONTENTS.—Each report under this research advisory board, which shall meet shall establish direct hiring authority, which paragraph— regularly with the Director of the National shall not be limited to a specific job code or ‘‘(i) shall describe— Science Foundation, the Department of grade, for relevant Federal agencies desiring ‘‘(I) any action the agency— Homeland Security Under Secretary for to hire graduates of the program. ‘‘(aa) has taken or plans to take to recover Science and Technology, and the Depart- improper payments; and ment of Homeland Security Under Secretary ‘‘(bb) intends to take to prevent future im- for the National Protection and Programs SA 2769. Mr. LEAHY submitted an proper payments; and Directorate to review the activities of the re- amendment intended to be proposed to ‘‘(ii) shall not include any referrals the search centers established under subsection amendment SA 2579 submitted by Mr. agency made or anticipates making to the (a). LEAHY and intended to be proposed to Department of Justice, or any information (2) MEMBERSHIPS.—In establishing the ad- the bill S. 3414, to enhance the security provided in connection with such referrals. visory board under subsection (d), the Sec- and resiliency of the cyber and commu- ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL retary of Homeland Security shall ensure nications infrastructure of the United WEBSITE.—The Office of Management and that the members of the advisory board are— States; which was ordered to lie on the Budget shall make each report submitted (A) from institutions of higher education under this paragraph available on a central with the expertise in the protection of crit- table; as follows: website. ical infrastructure against cyber attacks; On page 11, strike lines 1 through 10. ‘‘(D) AVAILABILITY OF INFORMATION TO IN- (B) from institutions described in sub- SPECTOR GENERAL.—Subparagraph (B)(ii) section (c); and SA 2770. Mr. REID (for Mr. CARPER shall not prohibit any referral or informa- (C) equally representative of the 10 Federal (for himself, Ms. COLLINS, Mr. BROWN of tion being made available to an Inspector regions that comprise the Standard Federal Massachusetts, and Mr. COBURN)) pro- General as otherwise provided by law. Regions established by the Office of Manage- posed an amendment to the bill S. 1409, ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— ment and Budget in the document entitled The Inspector General of each agency that ‘‘Standard Federal Regions’’ and dated April to intensify efforts to identify, prevent, submits a report under this paragraph shall, 1974 (circular A-105). and recover payment error, waste, for each program of the agency that is iden- fraud, and abuse within Federal spend- tified under paragraph (1)(A)— SA 2768. Mr. COCHRAN submitted an ing. ‘‘(i) review— amendment intended to be proposed by In lieu of the matter proposed to be in- ‘‘(I) the assessment of the level of risk as- him to the bill S. 3414, to enhance the serted, insert the following: sociated with the program, and the quality of the improper payment estimates and security and resiliency of the cyber and SECTION 1. SHORT TITLE. communications infrastructure of the methodology of the agency relating to the This Act may be cited as the ‘‘Improper program; and United States; which was ordered to lie Payments Elimination and Recovery Im- ‘‘(II) the oversight or financial controls to on the table; as follows: provement Act of 2012’’. identify and prevent improper payments At the appropriate place, insert the fol- SEC. 2. DEFINITIONS. under the program; and lowing: In this Act— ‘‘(ii) submit to Congress recommendations, SEC. ll. FEDERAL CYBERSECURITY SCHOLAR- (1) the term ‘‘agency’’ means an executive which may be included in another report SHIP FOR SERVICE PROGRAM. agency as that term is defined under section submitted by the Inspector General to Con- (a) DEFINITION.—In this section, the term 102 of title 31, United States Code; and gress, for modifying any plans of the agency ‘‘veteran’’ has the meaning given that term (2) the term ‘‘improper payment’’ has the relating to the program, including improve- under section 101 of title 38, United States meaning given that term in section 2(g) of ments for improper payments determination Code. the Improper Payments Information Act of and estimation methodology.’’; (b) ESTABLISHMENT OF PROGRAM.—Not later 2002 (31 U.S.C. 3321 note), as redesignated by (3) in subsection (d) (as redesignated by than 180 days after the date of enactment of section 3(a)(1) of this Act. paragraph (1) of this subsection), by striking

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‘‘subsection (b)’’ each place that term ap- sure that a thorough review of available (d) INITIAL WORKING SYSTEM.— pears and inserting ‘‘subsection (c)’’; databases with relevant information on eli- (1) ESTABLISHMENT.—Not later than 90 days (4) in subsection (e) (as redesignated by gibility occurs to determine program or after the date of enactment of this Act, the paragraph (1) of this subsection), by striking award eligibility and prevent improper pay- Director of the Office of Management and ‘‘subsection (b)’’ and inserting ‘‘subsection ments before the release of any Federal Budget shall establish a working system for (c)’’; and funds. prepayment and preaward review that in- (5) in subsection (g)(3) (as redesignated by (2) DATABASES.—At a minimum and before cludes the Do Not Pay Initiative as described paragraph (1) of this subsection), by insert- issuing any payment and award, each agency under this section. ing ‘‘or a Federal employee’’ after ‘‘non-Fed- shall review as appropriate the following (2) WORKING SYSTEM.—The working system eral person or entity’’. databases to verify eligibility of the pay- established under paragraph (1)— (b) IMPROVED ESTIMATES.— ment and award: (A) may be located within an appropriate (1) IN GENERAL.—Not later than 180 days (A) The Death Master File of the Social Se- agency; after the date of enactment of this Act, the curity Administration. (B) shall include not less than 3 agencies as Director of the Office of Management and (B) The General Services Administration’s users of the system; and Budget shall provide guidance to agencies Excluded Parties List System. (C) shall include investigation activities for improving the estimates of improper pay- (C) The Debt Check Database of the De- for fraud and systemic improper payments ments under the Improper Payments Infor- partment of the Treasury. detection through analytic technologies and mation Act of 2002 (31 U.S.C. 3321 note). (D) The Credit Alert System or Credit other techniques, which may include com- (2) GUIDANCE.—Guidance under this sub- Alert Interactive Voice Response System of mercial database use or access. section shall— the Department of Housing and Urban Devel- (3) APPLICATION TO ALL AGENCIES.—Not (A) strengthen the estimation process of opment. later than June 1, 2013, each agency shall re- agencies by setting standards for agencies to (E) The List of Excluded Individuals/Enti- view all payments and awards for all pro- follow in determining the underlying valid- ties of the Office of Inspector General of the grams of that agency through the system es- ity of sampled payments to ensure amounts Department of Health and Human Services. tablished under this subsection. being billed are proper; and (b) DO NOT PAY INITIATIVE.— (e) FACILITATING DATA ACCESS BY FEDERAL (B) instruct agencies to give the persons or (1) ESTABLISHMENT.—There is established AGENCIES AND OFFICES OF INSPECTORS GEN- entities performing improper payments esti- the Do Not Pay Initiative which shall in- ERAL FOR PURPOSES OF PROGRAM INTEG- mates access to all necessary payment data, clude— RITY.— including access to relevant documentation; (A) use of the databases described under (1) DEFINITION.—In this subsection, the (C) explicitly bar agencies from relying on subsection (a)(2); and term ‘‘Inspector General’’ means an Inspec- self-reporting by the recipients of agency (B) use of other databases designated by tor General described in subparagraph (A), payments as the sole source basis for im- the Director of the Office of Management (B), or (I) of section 11(b)(1) of the Inspector proper payments estimates; and Budget in consultation with agencies General Act of 1978 (5 U.S.C. App.). (D) require agencies to include all identi- and in accordance with paragraph (2). (2) COMPUTER MATCHING BY FEDERAL AGEN- fied improper payments in the reported esti- (2) OTHER DATABASES.—In making designa- CIES FOR PURPOSES OF INVESTIGATION AND mate, regardless of whether the improper tions of other databases under paragraph PREVENTION OF IMPROPER PAYMENTS AND payment in question has been or is being re- (1)(B), the Director of the Office of Manage- FRAUD.— covered; ment and Budget shall— (A) IN GENERAL.—Except as provided in this (E) include payments to employees, includ- (A) consider any database that substan- paragraph, in accordance with section 552a of ing salary, locality pay, travel pay, purchase tially assists in preventing improper pay- title 5, United States Code (commonly card use, and other employee payments, as ments; and known as the Privacy Act of 1974), each In- subject to risk assessment and, where appro- (B) provide public notice and an oppor- spector General and the head of each agency priate, improper payment estimation; and tunity for comment before designating a may enter into computer matching agree- (F) require agencies to tailor their correc- database under paragraph (1)(B). ments that allow ongoing data matching tive actions for the high-priority programs (3) ACCESS AND REVIEW BY AGENCIES.—For (which shall include automated data match- identified under section 2(b)(1)(A) of the Im- purposes of identifying and preventing im- ing) in order to assist in the detection and proper Payments Information Act of 2002 (31 proper payments, each agency shall have ac- prevention of improper payments. U.S.C. 3321 note) to better reflect the unique cess to, and use of, the Do Not Pay Initiative (B) REVIEW.—Not later than 60 days after a processes, procedures, and risks involved in to verify payment or award eligibility in ac- proposal for an agreement under subpara- each specific program. cordance with subsection (a) when the Direc- graph (A) has been presented to a Data In- (c) TECHNICAL AND CONFORMING AMEND- tor of the Office of Management and Budget tegrity Board established under section MENTS.—The Improper Payments Elimi- determines the Do Not Pay Initiative is ap- 552a(u) of title 5, United States Code, for con- nation and Recovery Act of 2010 (Public Law propriately established for the agency. sideration, the Data Integrity Board shall re- 111–204; 124 Stat. 2224) is amended— (4) PAYMENT OTHERWISE REQUIRED.—When spond to the proposal. (1) in section 2(h)(1) (31 U.S.C. 3321 note), using the Do Not Pay Initiative, an agency (C) TERMINATION DATE.—An agreement by striking ‘‘section 2(f)’’ and all that fol- shall recognize that there may be cir- under subparagraph (A)— lows and inserting ‘‘section 2(g) of the Im- cumstances under which the law requires a (i) shall have a termination date of less proper Payments Information Act of 2002 (31 payment or award to be made to a recipient, than 3 years; and U.S.C. 3321 note).’’; and regardless of whether that recipient is iden- (ii) during the 3-month period ending on (2) in section 3(a) (31 U.S.C. 3321 note)— tified as potentially ineligible under the Do the date on which the agreement is sched- (A) in paragraph (1), by striking ‘‘section Not Pay Initiative. uled to terminate, may be renewed by the 2(f)’’ and all that follows and inserting ‘‘sec- (5) ANNUAL REPORT.—The Director of the agencies entering the agreement for not tion 2(g) of the Improper Payments Informa- Office of Management and Budget shall sub- more than 3 years. tion Act of 2002 (31 U.S.C. 3321 note).’’; and mit to Congress an annual report, which may (D) MULTIPLE AGENCIES.—For purposes of (B) in paragraph (3)— be included as part of another report sub- this paragraph, section 552a(o)(1) of title 5, (i) by striking ‘‘section 2(b)’’ each place it mitted to Congress by the Director, regard- United States Code, shall be applied by sub- appears and inserting ‘‘section 2(c)’’; and ing the operation of the Do Not Pay Initia- stituting ‘‘between the source agency and (ii) by striking ‘‘section 2(c)’’ each place it tive, which shall— the recipient agency or non-Federal agency appears and inserting ‘‘section 2(d)’’. (A) include an evaluation of whether the or an agreement governing multiple agen- SEC. 4. IMPROPER PAYMENTS INFORMATION. Do Not Pay Initiative has reduced improper cies’’ for ‘‘between the source agency and the Section 2(a)(3)(A)(ii) of the Improper Pay- payments or improper awards; and recipient agency or non-Federal agency’’ in ments Information Act of 2002 (31 U.S.C. 3321 (B) provide the frequency of corrections or the matter preceding subparagraph (A). note) is amended by striking ‘‘with respect identification of incorrect information. (E) COST-BENEFIT ANALYSIS.—A justifica- to fiscal years following September 30th of a (c) DATABASE INTEGRATION PLAN.—Not tion under section 552a(o)(1)(B) of title 5, fiscal year beginning before fiscal year 2013 later than 60 days after the date of enact- United States Code, relating to an agree- as determined by the Office of Management ment of this Act, the Director of the Office ment under subparagraph (A) is not required and Budget’’ and inserting ‘‘with respect to of Management and Budget shall provide to to contain a specific estimate of any savings fiscal year 2014 and each fiscal year there- the Congress a plan for— under the computer matching agreement. after’’. (1) inclusion of other databases on the Do (F) GUIDANCE BY THE OFFICE OF MANAGE- SEC. 5. DO NOT PAY INITIATIVE. Not Pay Initiative; MENT AND BUDGET.—Not later than 6 months (a) PREPAYMENT AND PREAWARD PROCE- (2) to the extent permitted by law, agency after the date of enactment of this Act, and DURES.— access to the Do Not Pay Initiative; and in consultation with the Council of Inspec- (1) IN GENERAL.—Each agency shall review (3) the multilateral data use agreements tors General on Integrity and Efficiency, the prepayment and preaward procedures and en- described under subsection (e). Secretary of Health and Human Services, the

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13046 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 Commissioner of Social Security, and the ported to the Commissioner under section wishing to submit written testimony head of any other relevant agency, the Direc- 205(r) of the Social Security Act (42 U.S.C. for the hearing record may do so by tor of the Office of Management and Budget 405(r)). sending it to the Committee on Energy shall— (2) ADDITIONAL ACTIONS UNDER PLAN.—The and Natural Resources, United States (i) issue guidance for agencies regarding plan established under this subsection shall implementing this paragraph, which shall in- include recommended actions by agencies Senate, Washington, DC 20510–6150, or clude standards for— to— by e-mail to (I) reimbursement of costs, when nec- (A) increase the quality and frequency of [email protected]. essary, between agencies; access to the Death Master File and other For further information, please con- (II) retention and timely destruction of death data; tact Kevin Rennert (202) 224–7826, records in accordance with section (B) achieve a goal of at least daily access Meagan Gins at (202) 224–0883, or Jac- 552a(o)(1)(F) of title 5, United States Code; as appropriate; queline Emanuel at (202) 224–5512. (III) prohibiting duplication and redisclo- (C) provide for all States and other data sure of records in accordance with section providers to use improved and electronic COMMITTEE ON ENERGY AND NATURAL 552a(o)(1)(H) of title 5, United States Code; means for providing data; RESOURCES (ii) review the procedures of the Data In- (D) identify improved methods by agencies Mr. BINGAMAN. Mr. President, I tegrity Boards established under section for determining ineligible payments due to would like to announce for the infor- 552a(u) of title 5, United States Code, and de- the death of a recipient through proactive mation of the Senate and the public velop new guidance for the Data Integrity verification means; and that a field hearing has been scheduled Boards to— (E) address improper payments made by before the Senate Committee on En- (I) improve the effectiveness and respon- agencies to deceased individuals as part of ergy and Natural Resources. The hear- siveness of the Data Integrity Boards; and Federal retirement programs. (II) ensure privacy protections in accord- (3) REPORT.—Not later than 120 days after ing will be held on Friday, August 17, ance with section 552a of title 5, United the date of enactment of this Act, the Direc- 2012, at 10:00 a.m., at the Santa Fe States Code (commonly known as the Pri- tor of the Office of Management and Budget Community College, 6401 Richards Ave- vacy Act of 1974); and shall submit a report to Congress on the plan nue, Room 216 Lecture Hall, West Wing (III) establish standard matching agree- established under this subsection, including of the Main Building, Santa Fe, NM. ments for use when appropriate; and recommended legislation. The purpose of the hearing is to ex- (iii) establish and clarify rules regarding SEC. 6. IMPROVING RECOVERY OF IMPROPER amine the current and future impacts what constitutes making an agreement en- PAYMENTS. of climate change on the Inter- tered under subparagraph (A) available upon (a) DEFINITION.—In this section, the term mountain West, focusing on drought, request to the public for purposes of section ‘‘recovery audit’’ means a recovery audit de- 552a(o)(2)(A)(ii) of title 5, United States scribed under section 2(h) of the Improper wildfire frequency and severity, and Code, which shall include requiring publica- Payments Elimination and Recovery Act of ecosystems. tion of the agreement on a public website. 2010. Because of the limited time available (G) CORRECTIONS.—The Director of the Of- (b) REVIEW.—The Director of the Office of for the hearing, witnesses may testify fice of Management and Budget shall estab- Management and Budget shall determine— by invitation only. However, those lish procedures providing for the correction (1) current and historical rates and wishing to submit written testimony of data in order to ensure— amounts of recovery of improper payments for the hearing record may do so by (i) compliance with section 552a(p) of title (or, in cases in which improper payments are sending it to the Committee on Energy 5, United States Code; and identified solely on the basis of a sample, re- (ii) that corrections are made in any Do covery rates and amounts estimated on the and Natural Resources, United States Not Pay Initiative database and in any rel- basis of the applicable sample), including a Senate, Washington, DC 20510–6150, or evant source databases designated by the Di- list of agency recovery audit contract pro- by e-mail to rector of the Office of Management and grams and specific information of amounts [email protected]. Budget under subsection (b)(1). and payments recovered by recovery audit For further information, please con- (H) COMPLIANCE.—The head of each agency, contractors; and tact Kevin Rennert at (202) 224–7826 or in consultation with the Inspector General of (2) targets for recovering improper pay- Meagan Gins at (202) 224–0883. the agency, shall ensure that any informa- ments, including specific information on tion provided to an individual or entity amounts and payments recovered by recov- under this subsection is provided in accord- ery audit contractors. f ance with protocols established under this subsection. f AUTHORITY FOR COMMITTEES TO (I) RULE OF CONSTRUCTION.—Nothing in this NOTICES OF HEARINGS MEET subsection shall be construed to affect the rights of an individual under section 552a(p) COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON AGRICULTURE, NUTRITION, AND of title 5, United States Code. RESOURCES FORESTRY (f) DEVELOPMENT AND ACCESS TO A DATA- Mr. BINGAMAN. Mr. President, I Mr. LIEBERMAN. Mr. President, I BASE OF INCARCERATED INDIVIDUALS.—Not would like to announce for the infor- ask unanimous consent that the Com- later than 1 year after the date of enactment mation of the Senate and the public mittee on Agriculture, Nutrition, and of this Act, the Attorney General shall sub- that a field hearing has been scheduled Forestry be authorized to meet during mit to Congress recommendations for in- the session of the Senate on August 1, creasing the use of, access to, and the tech- before the Senate Committee on En- nical feasibility of using data on the Federal, ergy and Natural Resources. The hear- 2012, at 9 a.m. in room SR 328A of the State, and local conviction and incarcer- ing will be held on Wednesday, August Russell Senate Office Building. ation status of individuals for purposes of 15, 2012, at 10:00 a.m., at the University The PRESIDING OFFICER. Without identifying and preventing improper pay- of Colorado, Centennial Room 203, Col- objection, it is so ordered. ments by Federal agencies and programs and orado Springs, 1420 Austin Bluffs COMMITTEE ON COMMERCE, SCIENCE, AND fraud. Pkwy, Colorado Springs, CO. TRANSPORTATION (g) PLAN TO CURB FEDERAL IMPROPER PAY- The purpose of the hearing is to dis- Mr. LIEBERMAN. Mr. President, I MENTS TO DECEASED INDIVIDUALS BY IMPROV- ING THE QUALITY AND USE BY FEDERAL AGEN- cuss the recent Colorado wildfires, fo- ask unanimous consent that the Com- CIES OF THE SOCIAL SECURITY ADMINISTRATION cusing on lessons learned that can be mittee on Commerce, Science, and DEATH MASTER FILE.— applied to future suppression, recovery, Transportation be authorized to meet (1) ESTABLISHMENT.—In conjunction with and mitigation efforts. The Fourmile during the session of the Senate on Au- the Commissioner of Social Security and in Canyon fire report that was released on gust 1, 2012, at 2:30 p.m. in room 253 of consultation with relevant stakeholders that July 25 will be discussed, as will projec- the Russell Senate Office Building. have an interest in or responsibility for pro- tions for future wildfire conditions and The Committee will hold a hearing viding the data, and the States, the Director best practices that can improve forest entitled, ‘‘Marketplace Fairness: Lev- of the Office of Management and Budget shall establish a plan for improving the qual- health. eling the Playing Field for Small Busi- ity, accuracy, and timeliness of death data Because of the limited time available ness.’’ maintained by the Social Security Adminis- for the hearing, witnesses may testify The PRESIDING OFFICER. Without tration, including death information re- by invitation only. However, those objection, it is so ordered.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13047 COMMITTEE ON ENVIRONMENT AND PUBLIC PRIVILEGES OF THE FLOOR ernmental Affairs Committee be dis- WORKS Mr. MERKLEY. Mr. President, I ask charged from the following postal-nam- Mr. LIEBERMAN. Mr. President, I unanimous consent that privileges of ing bills en bloc, and the Senate pro- ask unanimous consent that the Com- the floor be granted to Jenny Carson, ceed to their consideration en bloc: mittee on Environment and Public an intern in my office, for the remain- H.R. 1369 through H.R. 3276, H.R. 3412, Works be authorized to meet during der of the day. H.R. 3501 and H.R. 3772. the session of the Senate on August 1, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without 2012, at 10 a.m. in Dirksen 406 to con- objection, it is so ordered. objection, it is so ordered. The Senate proceeded to consider the duct a hearing entitled, ‘‘Update on the Mr. CARDIN. Mr. President, I ask Latest Climate Change Science and bills. unanimous consent that Katharine Mr. REID. Mr. President, I ask unan- Local Adaptation Measures.’’ Beamer, a Department of State The PRESIDING OFFICER. Without imous consent that the bills be read a detailee from my office, be granted the objection, it is so ordered. third time and passed en bloc; the mo- privilege of the floor during today’s tions to reconsider be laid upon the COMMITTEE ON FINANCE session. Mr. LIEBERMAN. Mr. President, I table en bloc, with no intervening ac- The PRESIDING OFFICER. Without tion or debate; and any related state- ask unanimous consent that the Com- objection, it is so ordered. mittee on Finance be authorized to ments be printed in the RECORD. Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without meet during the session of the Senate unanimous consent that Jasper Craven on August 1, 2012, at 10:30 a.m. in room objection, it is so ordered. of my staff be given the privileges of The bill (H.R. 1369) to designate the 215 of the Dirksen Senate Office Build- the floor for the rest of today. ing, to conduct a hearing entitled ‘‘Tax facility of the United States Postal The PRESIDING OFFICER. Without Service located at 1021 Pennsylvania Reform: Examining the Taxation of objection, it is so ordered. Business Entities.’’ Avenue in Hartshorne, Oklahoma, as Mr. LEAHY. Mr. President, I ask the ‘‘Warren Lindley Post Office’’ was The PRESIDING OFFICER. Without unanimous consent that Jeanette objection, it is so ordered. ordered to a third reading, was read the Quick, a detailee on the Banking Com- third time, and passed. COMMITTEE ON FOREIGN RELATIONS mittee staff, as well as Ingianni Acosta The bill (H.R. 3276) to designate the Mr. LIEBERMAN. Mr. President, I and Georgina Cannan, two interns on facility of the United States Postal ask unanimous consent that the Com- Senator JOHNSON’s staff, be granted Service located at 2810 East mittee on Foreign Relations be author- floor privileges for the remainder of to- Hillsborough Avenue in Tampa, Flor- ized to meet during the session of the day’s session. ida, as the ‘‘Reverend Abe Brown Post Senate on August 1, 2012, at 10 a.m. to The PRESIDING OFFICER. Without Office Building,’’ was ordered to a third hold a hearing entitled ‘‘Next Steps in objection, it is so ordered. reading, was read the third time, and Syria.’’ Mr. BROWN of Ohio. Mr. President, I passed. The PRESIDING OFFICER. Without ask unanimous consent that Kareem The bill (H.R. 3412) to designate the objection, it is so ordered. Yakub and Ghazan Jamal, members of facility of the United States Postal COMMITTEE ON THE JUDICIARY my staff, be granted the privilege of Service located at 1421 Veterans Memo- Mr. LIEBERMAN. Mr. President, I the floor. rial Drive in Abbeville, Louisiana, as ask unanimous consent that the Com- The PRESIDING OFFICER. Without the ‘‘Sergeant Richard Franklin mittee on the Judiciary be authorized objection, it is so ordered. Abshire Post Office Building,’’ was or- to meet during the session of the Sen- Ms. MURKOWSKI. Mr. President, I dered to a third reading, was read the ate, on August 1, 2012, at 10 a.m., in ask unanimous consent that the fol- third time, and passed. room SD–226 of the Dirksen Senate Of- lowing interns from my office be grant- A bill (H.R. 3501) to designate the fa- fice Building, to conduct a hearing ened floor privileges for today’s session: cility of the United States Postal Serv- titled ‘‘Rising Prison Costs: Restrict- Jenessa Albertson, Carly Colligan, Cale ice located at 125 Kerr Avenue in Rome ing Budgets and Crime Prevention Op- Clingenpeel, Courtney Lewis, Travis City, Indiana, as the ‘‘SPC Nicholas tions.’’ Logan, Joseph Mueller, Katherine Scott Hartge Post Office,’’ was ordered The PRESIDING OFFICER. Without Tomera, Marissa Torgerson, Sierra to a third reading, was read the third objection, it is so ordered. Udland, Douglas Watts, Mari Freitag, time, and passed. SUBCOMMITTEE ON EUROPEAN AFFAIRS and Parker Haymans. A bill (H.R. 3772) to designate the fa- Mr. LIEBERMAN. Mr. President, I The PRESIDING OFFICER. Is there cility of the United States Postal Serv- ask unanimous consent that the Com- objection? Without objection, it is so ice located at 150 South Union Street mittee on Foreign Relations be author- ordered. in Canton, Mississippi, as the ‘‘First Sergeant Landres Cheeks Post Office ized to meet during the session of the f Senate on August 1, 2012, at 2:30 p.m., Building,’’ was ordered to a third read- to hold a European Affairs sub- DESIGNATING THE WARREN ing, was read the third time, and committee hearing entitled, ‘‘The Fu- LINDLEY POST OFFICE passed. ture of the Eurozone: Outlook and Les- f sons.’’ DESIGNATING THE REVEREND ABE AMENDING THE YSLETA DEL SUR The PRESIDING OFFICER. Without BROWN POST OFFICE BUILDING PUEBLO AND ALABAMA AND objection, it is so ordered. COUSHATTA INDIAN TRIBES OF SUBCOMMITTEE ON HOUSING, TRANSPORTATION, TEXAS RESTORATION ACT AND COMMUNITY DEVELOPMENT DESIGNATING THE SERGEANT Mr. REID. Mr. President, I ask unan- Mr. LIEBERMAN. Mr. President, I RICHARD FRANKLIN ABSHIRE imous consent that the Senate now ask unanimous consent that the Com- POST OFFICE BUILDING mittee on Banking, Housing, and proceed to the consideration of Cal- Urban Affairs Subcommittee on Hous- endar No. 480, H.R. 1560. ing, Transportation, and Community DESIGNATING THE SPC NICHOLAS The PRESIDING OFFICER. The Development be authorized to meet SCOTT HARTGE POST OFFICE clerk will report the bill by title. The assistant legislative clerk read during the session of the Senate on Au- as follows: gust 1, 2012, at 10 a.m., to conduct a DESIGNATING THE FIRST SER- A bill (H.R. 1560) to amend the Ysleta del hearing entitled, ‘‘Streamlining and Sur Pueblo and Alabama and Coushatta In- Strengthening HUD’s Rental Housing GEANT LANDRES CHEEKS POST OFFICE BUILDING dian Tribes of Texas Restoration Act to Assistance Programs.’’ allow the Ysleta del Sur Pueblo Tribe to de- The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent termine blood quantum requirement for objection, it is so ordered. that the Homeland Security and Gov- membership in that tribe.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13048 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 There being no objection, the Senate agency with a program identified under para- cedures, and risks involved in each specific pro- proceeded to consider the bill. graph (1)(A) on an annual basis shall submit to gram. Mr. REID. Mr. President, I ask unan- the Inspector General of that agency, and make (c) TECHNICAL AND CONFORMING AMEND- imous consent that the bill be read a available to the public (including availability MENTS.—The Improper Payments Elimination third time and passed, the motion to through the Internet), a report on that program. and Recovery Act of 2010 (Public Law 111–204; ‘‘(B) CONTENTS.—Each report under this para- 124 Stat. 2224) is amended— reconsider be made and laid upon the graph— (1) in section 2(h)(1) (31 U.S.C. 3321 note), by table, there be no intervening action or ‘‘(i) shall describe— striking ‘‘section 2(f)’’ and all that follows and debate, and that any statements re- ‘‘(I) any action the agency— inserting ‘‘section 2(g) of the Improper Pay- lated to this measure be printed in the ‘‘(aa) has taken or plans to take to recover im- ments Information Act of 2002 (31 U.S.C. 3321 RECORD. proper payments; and note).’’; and The PRESIDING OFFICER. Without ‘‘(bb) intends to take to prevent future im- (2) in section 3(a) (31 U.S.C. 3321 note)— proper payments; and (A) in paragraph (1), by striking ‘‘section objection, it is so ordered. 2(f)’’ and all that follows and inserting ‘‘section The bill (H.R. 1560) was ordered to a ‘‘(ii) shall not include any referrals the agency made or anticipates making to the Depart- 2(g) of the Improper Payments Information Act third reading, was read the third time, ment of Justice, or any information provided in of 2002 (31 U.S.C. 3321 note).’’; and and passed. connection with such referrals. (B) in paragraph (3)— (i) by striking ‘‘section 2(b)’’ each place it ap- f ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL pears and inserting ‘‘section 2(c)’’; and IMPROPER PAYMENTS ELIMI- WEBSITE.—The Office of Management and Budget shall make each report submitted under (ii) by striking ‘‘section 2(c)’’ each place it ap- NATION AND RECOVERY IM- this paragraph available on a central website. pears and inserting ‘‘section 2(d)’’. SEC. 4. IMPROPER PAYMENTS INFORMATION. PROVEMENT ACT OF 2012 ‘‘(D) AVAILABILITY OF INFORMATION TO IN- Section 2(a)(3)(A)(ii) of the Improper Pay- Mr. REID. Mr. President, I ask unan- SPECTOR GENERAL.—Subparagraph (B)(ii) shall not prohibit any referral or information being ments Information Act of 2002 (31 U.S.C. 3321 imous consent that the Senate proceed note) is amended by striking ‘‘with respect to to the consideration of Calendar No. made available to an Inspector General as otherwise provided by law. fiscal years following September 30th of a fiscal 449, S. 1409. ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— year beginning before fiscal year 2013 as deter- The PRESIDING OFFICER. The The Inspector General of each agency that sub- mined by the Office of Management and Budg- clerk will report the bill by title. mits a report under this paragraph shall— et’’ and inserting ‘‘with respect to fiscal year The assistant legislative clerk read ‘‘(i) review— 2014 and each fiscal year thereafter’’. as follows: ‘‘(I) the assessment of the level of risk associ- SEC. 5. DO NOT PAY INITIATIVE. (a) PREPAYMENT AND PREAWARD PROCE- A bill (S. 1409) to intensify efforts to iden- ated with the applicable program, and the qual- DURES.— tify, prevent, and recover payment error, ity of the improper payment estimates and methodology of the agency; and (1) IN GENERAL.—Each agency shall review waste, fraud, and abuse within Federal prepayment and preaward procedures and en- spending. ‘‘(II) the oversight or financial controls to identify and prevent improper payments; and sure that a thorough review of available data- There being no objection, the Senate ‘‘(ii) provide recommendations, for modifying bases with relevant information on eligibility oc- proceeded to consider the bill, which any plans of the agency, including improve- curs to determine program or award eligibility had been reported from the Committee ments for improper payments determination and and prevent improper payments before the re- on Homeland Security and Govern- estimation methodology.’’; lease of any Federal funds. mental Affairs, with an amendment to (3) in subsection (d) (as redesignated by para- (2) DATABASES.—At a minimum and before graph (1) of this subsection), by striking ‘‘sub- issuing any payment and award, each agency strike all after the enacting clause and shall review as appropriate the following data- insert in lieu thereof the following: section (b)’’ each place that term appears and inserting ‘‘subsection (c)’’; and bases to verify eligibility of the payment and SECTION 1. SHORT TITLE. (4) in subsection (e) (as redesignated by para- award: This Act may be cited as the ‘‘Improper Pay- graph (1) of this subsection), by striking ‘‘sub- (A) The Death Master File of the Social Secu- ments Elimination and Recovery Improvement section (b)’’ and inserting ‘‘subsection (c)’’. rity Administration. (B) The General Services Administration’s Ex- Act of 2012’’. (b) IMPROVED ESTIMATES.— cluded Parties List System. SEC. 2. DEFINITION. (1) IN GENERAL.—Not later than 180 days after (C) The Debt Check Database of the Depart- the date of enactment of this Act, the Director In this Act, the term ‘‘agency’’ means an exec- ment of the Treasury. of the Office of Management and Budget shall utive agency as that term is defined under sec- (D) The Credit Alert System or Credit Alert provide guidance to agencies for improving the tion 102 of title 31, United States Code. Interactive Voice Response System of the De- estimates of improper payments under the Im- SEC. 3. IMPROVING THE DETERMINATION OF IM- partment of Housing and Urban Development. PROPER PAYMENTS BY FEDERAL proper Payments Information Act of 2002 (31 (E) The List of Excluded Individuals/Entities AGENCIES. U.S.C. 3321 note). of the Office of Inspector General of the Depart- (a) IN GENERAL.—Section 2 of the Improper (2) GUIDANCE.—Guidance under this sub- ment of Health and Human Services. Payments Information Act of 2002 (31 U.S.C. section shall— (b) DO NOT PAY INITIATIVE.— 3321 note) is amended— (A) strengthen the estimation process of agen- (1) ESTABLISHMENT.—There is established the (1) by redesignating subsections (b) through cies by setting standards for agencies to follow Do Not Pay Initiative which shall consist of— (g) as subsections (c) through (h), respectively; in determining the underlying validity of sam- (A) the databases described under subsection (2) by inserting after subsection (a) the fol- pled payments to ensure amounts being billed (a)(2); and lowing: are proper; and (B) any other database designated by the Di- ‘‘(b) IMPROVING THE DETERMINATION OF IM- (B) instruct agencies to give the persons or en- rector of the Office of Management and Budget PROPER PAYMENTS.— tities performing improper payments estimates in consultation with agencies. ‘‘(1) IN GENERAL.—The Director of the Office access to all necessary payment data, including (2) OTHER DATABASES.—In making designa- of Management and Budget shall on an annual access to relevant documentation; tions of other databases under paragraph basis— (C) explicitly bar agencies from relying on (1)(B), the Director of the Office of Management ‘‘(A) identify a list of high-priority Federal self-reporting by the recipients of agency pay- and Budget shall consider any database that as- programs for greater levels of oversight and re- ments as the sole source basis for improper pay- sists in preventing improper payments. view— ments estimates; (3) ACCESS AND REVIEW BY AGENCIES.—For ‘‘(i) in which the highest dollar value or high- (D) require agencies to include all identified purposes of identifying and preventing improper est frequency of improper payments occur; or improper payments in the reported estimate, re- payments, each agency shall have access to, and ‘‘(ii) for which there is a higher risk of im- gardless of whether the improper payment in use of, the Do Not Pay Initiative to determine proper payments; and question has been or is being recovered; payment or award eligibility when the Director ‘‘(B) in coordination with the agency respon- (E) include payments to employees, including of the Office of Management and Budget deter- sible for administering the high-priority pro- salary, locality pay, travel pay, purchase card mines the Do Not Pay Initiative is appropriately gram, establish annual targets and semi-annual use, and other employee payments, as subject to established for the agency. or quarterly actions for reducing improper pay- risk assessment and, where appropriate, im- (4) PAYMENT OTHERWISE REQUIRED.—When ments associated with each high-priority pro- proper payment estimation; and using the Do Not Pay Initiative, an agency gram. (F) require agencies to tailor their corrective shall recognize that there may be circumstances ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER PAY- actions for the high-priority programs identified under which the law requires a payment or MENTS.— under section 2(b)(1)(A) of the Improper Pay- award to be made to a recipient, regardless of ‘‘(A) IN GENERAL.—Subject to Federal privacy ments Information Act of 2002 (31 U.S.C. 3321 whether that recipient is on the Do Not Pay Ini- policies and to the extent permitted by law, each note) to better reflect the unique processes, pro- tiative.

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(c) DATABASE INTEGRATION PLAN.—Not later sultation with relevant stakeholders that have (B) CONTENTS.—Each report under this para- than 60 days after the date of enactment of this an interest in or responsibility for providing the graph shall include— Act, the Director of the Office of Management data, and the States, the Director of the Office (i) a description of the impact of the program and Budget shall provide to the Congress a plan of Management and Budget shall establish a on savings and recoveries; and for— plan for improving the quality, accuracy, and (ii) such recommendations as the head of the (1) inclusion of other databases on the Do Not timeliness of death data maintained by the So- agency considers appropriate on extending or Pay Initiative; cial Security Administration, including death expanding the program. (2) to the extent permitted by law, agency ac- information reported to the Commissioner under Mr. REID. Mr. President, I ask unan- cess to the Do Not Pay Initiative; and section 205(r) of the Social Security Act (42 imous consent that the committee-re- (3) the multilateral data use agreements de- U.S.C. 405(r)). ported substitute amendment be con- scribed under subsection (e). (2) ADDITIONAL ACTIONS UNDER PLAN.—The (d) INITIAL WORKING SYSTEM.— plan established under this subsection shall in- sidered, the Carper amendment, which (1) ESTABLISHMENT.—Not later than 90 days clude recommended actions by agencies to— is at the desk, be agreed to, the com- after the date of enactment of this Act, the Di- (A) increase the quality and frequency of ac- mittee-reported amendment, as amend- rector of the Office of Management and Budget cess to the Death Master File and other death ed, be agreed to, and the bill, as amend- shall establish a working system for prepayment data; ed, be read a third time and passed, the and preaward review that includes the Do Not (B) achieve a goal of at least daily access as motion to reconsider be laid upon the Pay Initiative as described under this section. appropriate; table, with no intervening action or de- (2) WORKING SYSTEM.—The working system es- (C) provide for all States and other data pro- tablished under paragraph (1)— viders to use improved and electronic means for bate, and any related statements be (A) may be located within an appropriate providing data; printed in the RECORD. agency; (D) identify improved methods by agencies for The PRESIDING OFFICER. Without (B) shall include not less than 3 agencies as determining ineligible payments due to the objection, it is so ordered. users of the system; and death of a recipient through proactive The amendment (No. 2770) was agreed (C) shall include investigation activities for verification means; and to, as follows: fraud and systemic improper payments detection (E) address improper payments made by agen- through analytic technologies and other tech- cies to deceased individuals as part of Federal (Purpose: In the nature of a substitute) niques, which may include commercial database retirement programs. In lieu of the matter proposed to be in- use or access. (3) REPORT.—Not later than 120 days after the serted, insert the following: (3) APPLICATION TO ALL AGENCIES.—Not later date of enactment of this Act, the Director of SECTION 1. SHORT TITLE. than January 1, 2013, each agency shall review the Office of Management and Budget shall This Act may be cited as the ‘‘Improper all payments and awards for all programs of submit a report to Congress on the plan estab- Payments Elimination and Recovery Im- that agency through the system established lished under this subsection, including rec- provement Act of 2012’’. under this subsection. ommended legislation. SEC. 2. DEFINITIONS. (e) MULTILATERAL DATA USE AGREEMENTS.— SEC. 6. IMPROVING RECOVERY OF IMPROPER In this Act— (1) IN GENERAL.—Not later than 60 days after PAYMENTS. (1) the term ‘‘agency’’ means an executive the date of enactment of this Act, the Director (a) DEFINITION.—In this section, the term ‘‘re- agency as that term is defined under section of the Office of Management and Budget shall covery audit’’ means a recovery audit described 102 of title 31, United States Code; and develop a plan to establish a multilateral data under section 2(h) of the Improper Payments (2) the term ‘‘improper payment’’ has the use agreement authority to carry out this sec- Elimination and Recovery Act of 2010. meaning given that term in section 2(g) of tion, including access to databases such as the (b) IN GENERAL.—The Director of the Office of the Improper Payments Information Act of New Hire Database under section 453(j) of the Management and Budget shall determine— 2002 (31 U.S.C. 3321 note), as redesignated by Social Security Act (42 U.S.C. 653(j)). (1) current and historical rates and amounts section 3(a)(1) of this Act. (2) PRIVACY ACT MATCHING AGREEMENTS.—Sec- of recovery of improper payments (or, in cases in tion 552a(o)(1) of title 5, United States Code, is which improper payments are identified solely SEC. 3. IMPROVING THE DETERMINATION OF IM- amended in the matter preceding subparagraph PROPER PAYMENTS BY FEDERAL on the basis of a sample, recovery rates and AGENCIES. (A), by inserting ‘‘or an agreement governing amounts estimated on the basis of the applicable (a) IN GENERAL.—Section 2 of the Improper multiple agencies’’ before ‘‘specifying’’. sample), including specific information of Payments Information Act of 2002 (31 U.S.C. (3) GENERAL PROTOCOLS AND SECURITY.— amounts and payments recovered by recovery (A) IN GENERAL.—In developing the multilat- 3321 note) is amended— audit contractors; and (1) by redesignating subsections (b) eral data use agreements, the Director of the Of- (2) targets for recovering improper payments, through (g) as subsections (c) through (h), re- fice of Management and Budget shall establish including specific information on amounts and spectively; implementing regulations and guidelines that payments recovered by recovery audit contrac- (2) by inserting after subsection (a) the fol- include streamlined interagency processes to en- tors. lowing: sure agency access to data, and provide for ap- (c) RECOVERY AUDIT CONTRACTOR PRO- ‘‘(b) IMPROVING THE DETERMINATION OF IM- propriate transfer and storage of any trans- GRAMS.— PROPER PAYMENTS.— ferred data, in a manner consistent with rel- (1) ESTABLISHMENT.—Not later than 90 days ‘‘(1) IN GENERAL.—The Director of the Of- evant privacy, security and disclosure laws. after the date of enactment of this Act, the Di- fice of Management and Budget shall on an (B) CONSULTATION.—The Director of the Of- rector of the Office of Management and Budget annual basis— fice of Management and Budget shall consult shall establish a plan for no less than 10 Recov- ‘‘(A) identify a list of high-priority Federal with— ery Audit Contracting programs for the purpose programs for greater levels of oversight and (i) the Council of Inspectors General on Integ- of identifying and recovering overpayments and review— rity and Efficiency before implementing this underpayments in 10 agencies. ‘‘(i) in which the highest dollar value or paragraph; and (2) RANGE OF RECOVERY AUDIT CONTRACTING highest rate of improper payments occur; or (ii) the Secretary of Health and Human Serv- TYPES.—Programs established under paragraph ices, the Social Security Administrator, and the (1) shall be representative of different types of— ‘‘(ii) for which there is a higher risk of im- head of any other agency, as appropriate. (A) programs, including programs that differ proper payments; and (f) DEVELOPMENT AND ACCESS TO A DATABASE in size, payment types, and recipient types (such ‘‘(B) in coordination with the agency re- OF INCARCERATED INDIVIDUALS.—Not later than as beneficiaries and vendors or contractors) sponsible for administering the high-priority 1 year after the date of enactment of this Act, across the Federal Government; and program, establish annual targets and semi- the Attorney General shall submit to Congress (B) recover audit contracting (including indi- annual or quarterly actions for reducing im- recommendations for increasing the use of, ac- vidual payments review and demographic anal- proper payments associated with each high- cess to, and the technical feasibility of using ysis). priority program. data on the Federal, State, and local conviction (3) INITIAL OPERATION OF PROGRAMS.—Not ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER and incarceration status of individuals for pur- later than 1 year after the plan under para- PAYMENTS.— poses of identifying and preventing improper graph (1) is established, each applicable agency ‘‘(A) IN GENERAL.—Subject to Federal pri- payments by Federal agencies and programs shall establish the programs included in that vacy policies and to the extent permitted by and fraud. plan which shall be conducted for not more law, each agency with a program identified (g) PLAN TO CURB FEDERAL IMPROPER PAY- than a 3-year period. under paragraph (1)(A) on an annual basis MENTS TO DECEASED INDIVIDUALS BY IMPROVING (4) REPORTS.— shall submit to the Inspector General of that THE QUALITY AND USE BY FEDERAL AGENCIES OF (A) IN GENERAL.—Not later than 2 years after agency, and make available to the public (in- THE SOCIAL SECURITY ADMINISTRATION DEATH establishing a program under the plan estab- cluding availability through the Internet), a MASTER FILE.— lished under paragraph (1), the head of the report on that program. (1) ESTABLISHMENT.—In conjunction with the agency conducting the program shall submit a ‘‘(B) CONTENTS.—Each report under this Commissioner of Social Security and in con- report on the program to Congress. paragraph—

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13050 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 ‘‘(i) shall describe— subject to risk assessment and, where appro- (B) provide public notice and an oppor- ‘‘(I) any action the agency— priate, improper payment estimation; and tunity for comment before designating a ‘‘(aa) has taken or plans to take to recover (F) require agencies to tailor their correc- database under paragraph (1)(B). improper payments; and tive actions for the high-priority programs (3) ACCESS AND REVIEW BY AGENCIES.—For ‘‘(bb) intends to take to prevent future im- identified under section 2(b)(1)(A) of the Im- purposes of identifying and preventing improper payments; and proper Payments Information Act of 2002 (31 proper payments, each agency shall have ac- ‘‘(ii) shall not include any referrals the U.S.C. 3321 note) to better reflect the unique cess to, and use of, the Do Not Pay Initiative agency made or anticipates making to the processes, procedures, and risks involved in to verify payment or award eligibility in ac- Department of Justice, or any information each specific program. cordance with subsection (a) when the Direc- provided in connection with such referrals. (c) TECHNICAL AND CONFORMING AMEND- tor of the Office of Management and Budget ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL MENTS.—The Improper Payments Elimi- determines the Do Not Pay Initiative is ap- WEBSITE.—The Office of Management and nation and Recovery Act of 2010 (Public Law propriately established for the agency. Budget shall make each report submitted 111–204; 124 Stat. 2224) is amended— (4) PAYMENT OTHERWISE REQUIRED.—When under this paragraph available on a central (1) in section 2(h)(1) (31 U.S.C. 3321 note), using the Do Not Pay Initiative, an agency website. by striking ‘‘section 2(f)’’ and all that fol- shall recognize that there may be cir- ‘‘(D) AVAILABILITY OF INFORMATION TO IN- lows and inserting ‘‘section 2(g) of the Im- cumstances under which the law requires a SPECTOR GENERAL.—Subparagraph (B)(ii) proper Payments Information Act of 2002 (31 payment or award to be made to a recipient, shall not prohibit any referral or informa- U.S.C. 3321 note).’’; and regardless of whether that recipient is iden- tion being made available to an Inspector (2) in section 3(a) (31 U.S.C. 3321 note)— tified as potentially ineligible under the Do General as otherwise provided by law. (A) in paragraph (1), by striking ‘‘section Not Pay Initiative. ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— 2(f)’’ and all that follows and inserting ‘‘sec- (5) ANNUAL REPORT.—The Director of the The Inspector General of each agency that tion 2(g) of the Improper Payments Informa- Office of Management and Budget shall sub- submits a report under this paragraph shall, tion Act of 2002 (31 U.S.C. 3321 note).’’; and mit to Congress an annual report, which may for each program of the agency that is iden- (B) in paragraph (3)— be included as part of another report sub- tified under paragraph (1)(A)— (i) by striking ‘‘section 2(b)’’ each place it mitted to Congress by the Director, regard- ‘‘(i) review— appears and inserting ‘‘section 2(c)’’; and ing the operation of the Do Not Pay Initia- ‘‘(I) the assessment of the level of risk as- (ii) by striking ‘‘section 2(c)’’ each place it tive, which shall— sociated with the program, and the quality appears and inserting ‘‘section 2(d)’’. (A) include an evaluation of whether the of the improper payment estimates and SEC. 4. IMPROPER PAYMENTS INFORMATION. Do Not Pay Initiative has reduced improper methodology of the agency relating to the Section 2(a)(3)(A)(ii) of the Improper Pay- payments or improper awards; and program; and ments Information Act of 2002 (31 U.S.C. 3321 (B) provide the frequency of corrections or ‘‘(II) the oversight or financial controls to note) is amended by striking ‘‘with respect identification of incorrect information. (c) DATABASE INTEGRATION PLAN.—Not identify and prevent improper payments to fiscal years following September 30th of a later than 60 days after the date of enact- under the program; and fiscal year beginning before fiscal year 2013 ment of this Act, the Director of the Office as determined by the Office of Management ‘‘(ii) submit to Congress recommendations, of Management and Budget shall provide to which may be included in another report and Budget’’ and inserting ‘‘with respect to the Congress a plan for— submitted by the Inspector General to Con- fiscal year 2014 and each fiscal year there- (1) inclusion of other databases on the Do gress, for modifying any plans of the agency after’’. Not Pay Initiative; relating to the program, including improve- SEC. 5. DO NOT PAY INITIATIVE. (2) to the extent permitted by law, agency ments for improper payments determination (a) PREPAYMENT AND PREAWARD PROCE- access to the Do Not Pay Initiative; and and estimation methodology.’’; DURES.— (3) the multilateral data use agreements (3) in subsection (d) (as redesignated by (1) IN GENERAL.—Each agency shall review described under subsection (e). paragraph (1) of this subsection), by striking prepayment and preaward procedures and en- (d) INITIAL WORKING SYSTEM.— ‘‘subsection (b)’’ each place that term ap- sure that a thorough review of available (1) ESTABLISHMENT.—Not later than 90 days pears and inserting ‘‘subsection (c)’’; databases with relevant information on eli- after the date of enactment of this Act, the (4) in subsection (e) (as redesignated by gibility occurs to determine program or Director of the Office of Management and paragraph (1) of this subsection), by striking award eligibility and prevent improper pay- Budget shall establish a working system for ‘‘subsection (b)’’ and inserting ‘‘subsection ments before the release of any Federal prepayment and preaward review that in- (c)’’; and funds. cludes the Do Not Pay Initiative as described (5) in subsection (g)(3) (as redesignated by (2) DATABASES.—At a minimum and before under this section. paragraph (1) of this subsection), by insert- issuing any payment and award, each agency (2) WORKING SYSTEM.—The working system ing ‘‘or a Federal employee’’ after ‘‘non-Fed- shall review as appropriate the following established under paragraph (1)— eral person or entity’’. databases to verify eligibility of the pay- (A) may be located within an appropriate (b) IMPROVED ESTIMATES.— ment and award: agency; (1) IN GENERAL.—Not later than 180 days (A) The Death Master File of the Social Se- (B) shall include not less than 3 agencies as after the date of enactment of this Act, the curity Administration. users of the system; and Director of the Office of Management and (B) The General Services Administration’s (C) shall include investigation activities Budget shall provide guidance to agencies Excluded Parties List System. for fraud and systemic improper payments for improving the estimates of improper pay- (C) The Debt Check Database of the De- detection through analytic technologies and ments under the Improper Payments Infor- partment of the Treasury. other techniques, which may include com- mation Act of 2002 (31 U.S.C. 3321 note). (D) The Credit Alert System or Credit mercial database use or access. (2) GUIDANCE.—Guidance under this sub- Alert Interactive Voice Response System of (3) APPLICATION TO ALL AGENCIES.—Not section shall— the Department of Housing and Urban Devel- later than June 1, 2013, each agency shall re- (A) strengthen the estimation process of opment. view all payments and awards for all pro- agencies by setting standards for agencies to (E) The List of Excluded Individuals/Enti- grams of that agency through the system es- follow in determining the underlying valid- ties of the Office of Inspector General of the tablished under this subsection. ity of sampled payments to ensure amounts Department of Health and Human Services. (e) FACILITATING DATA ACCESS BY FEDERAL being billed are proper; and (b) DO NOT PAY INITIATIVE.— AGENCIES AND OFFICES OF INSPECTORS GEN- (B) instruct agencies to give the persons or (1) ESTABLISHMENT.—There is established ERAL FOR PURPOSES OF PROGRAM INTEG- entities performing improper payments esti- the Do Not Pay Initiative which shall in- RITY.— mates access to all necessary payment data, clude— (1) DEFINITION.—In this subsection, the including access to relevant documentation; (A) use of the databases described under term ‘‘Inspector General’’ means an Inspec- (C) explicitly bar agencies from relying on subsection (a)(2); and tor General described in subparagraph (A), self-reporting by the recipients of agency (B) use of other databases designated by (B), or (I) of section 11(b)(1) of the Inspector payments as the sole source basis for im- the Director of the Office of Management General Act of 1978 (5 U.S.C. App.). proper payments estimates; and Budget in consultation with agencies (2) COMPUTER MATCHING BY FEDERAL AGEN- (D) require agencies to include all identi- and in accordance with paragraph (2). CIES FOR PURPOSES OF INVESTIGATION AND fied improper payments in the reported esti- (2) OTHER DATABASES.—In making designa- PREVENTION OF IMPROPER PAYMENTS AND mate, regardless of whether the improper tions of other databases under paragraph FRAUD.— payment in question has been or is being re- (1)(B), the Director of the Office of Manage- (A) IN GENERAL.—Except as provided in this covered; ment and Budget shall— paragraph, in accordance with section 552a of (E) include payments to employees, includ- (A) consider any database that substan- title 5, United States Code (commonly ing salary, locality pay, travel pay, purchase tially assists in preventing improper pay- known as the Privacy Act of 1974), each In- card use, and other employee payments, as ments; and spector General and the head of each agency

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13051 may enter into computer matching agree- evant source databases designated by the Di- list of agency recovery audit contract pro- ments that allow ongoing data matching rector of the Office of Management and grams and specific information of amounts (which shall include automated data match- Budget under subsection (b)(1). and payments recovered by recovery audit ing) in order to assist in the detection and (H) COMPLIANCE.—The head of each agency, contractors; and prevention of improper payments. in consultation with the Inspector General of (2) targets for recovering improper pay- (B) REVIEW.—Not later than 60 days after a the agency, shall ensure that any informa- ments, including specific information on proposal for an agreement under subpara- tion provided to an individual or entity amounts and payments recovered by recov- graph (A) has been presented to a Data In- under this subsection is provided in accord- ery audit contractors. tegrity Board established under section ance with protocols established under this The committee-reported substitute, 552a(u) of title 5, United States Code, for con- subsection. as amended, was agreed to. sideration, the Data Integrity Board shall re- (I) RULE OF CONSTRUCTION.—Nothing in this The bill (S. 1409), as amended, was or- spond to the proposal. subsection shall be construed to affect the dered to be engrossed for a third read- (C) TERMINATION DATE.—An agreement rights of an individual under section 552a(p) ing, was read the third time, and under subparagraph (A)— of title 5, United States Code. (i) shall have a termination date of less (f) DEVELOPMENT AND ACCESS TO A DATA- passed. than 3 years; and BASE OF INCARCERATED INDIVIDUALS.—Not f (ii) during the 3-month period ending on later than 1 year after the date of enactment PROVIDING FOR THE APPOINT- the date on which the agreement is sched- of this Act, the Attorney General shall sub- uled to terminate, may be renewed by the mit to Congress recommendations for in- MENT OF BARBARA BARRETT AS agencies entering the agreement for not creasing the use of, access to, and the tech- A CITIZEN REGENT OF THE more than 3 years. nical feasibility of using data on the Federal, BOARD OF REGENTS OF THE (D) MULTIPLE AGENCIES.—For purposes of State, and local conviction and incarcer- SMITHSONIAN INSTITUTION this paragraph, section 552a(o)(1) of title 5, ation status of individuals for purposes of United States Code, shall be applied by sub- Mr. REID. Mr. President, I ask unan- identifying and preventing improper pay- imous consent that the Senate proceed stituting ‘‘between the source agency and ments by Federal agencies and programs and the recipient agency or non-Federal agency fraud. to the consideration of S.J. Res. 49. or an agreement governing multiple agen- (g) PLAN TO CURB FEDERAL IMPROPER PAY- The PRESIDING OFFICER. The cies’’ for ‘‘between the source agency and the MENTS TO DECEASED INDIVIDUALS BY IMPROV- clerk will report the joint resolution recipient agency or non-Federal agency’’ in ING THE QUALITY AND USE BY FEDERAL AGEN- by title. the matter preceding subparagraph (A). CIES OF THE SOCIAL SECURITY ADMINISTRATION The assistant legislative clerk read (E) COST-BENEFIT ANALYSIS.—A justifica- DEATH MASTER FILE.— as follows: tion under section 552a(o)(1)(B) of title 5, (1) ESTABLISHMENT.—In conjunction with United States Code, relating to an agree- A joint resolution (S.J. Res. 49) providing the Commissioner of Social Security and in for the appointment of Barbara Barrett as a ment under subparagraph (A) is not required consultation with relevant stakeholders that to contain a specific estimate of any savings citizen regent of the Board of Regents of the have an interest in or responsibility for pro- Smithsonian Institution. under the computer matching agreement. viding the data, and the States, the Director (F) GUIDANCE BY THE OFFICE OF MANAGE- of the Office of Management and Budget There being no objection, the Senate MENT AND BUDGET.—Not later than 6 months shall establish a plan for improving the qual- proceeded to consider the joint resolu- after the date of enactment of this Act, and ity, accuracy, and timeliness of death data tion. in consultation with the Council of Inspec- maintained by the Social Security Adminis- Mr. REID. Mr. President, I ask unan- tors General on Integrity and Efficiency, the tration, including death information re- imous consent that the joint resolution Secretary of Health and Human Services, the ported to the Commissioner under section Commissioner of Social Security, and the be read a third time and passed, the 205(r) of the Social Security Act (42 U.S.C. head of any other relevant agency, the Direc- motion to reconsider be laid upon the 405(r)). tor of the Office of Management and Budget table, there be no intervening action or (2) ADDITIONAL ACTIONS UNDER PLAN.—The shall— plan established under this subsection shall debate, and any statements related to (i) issue guidance for agencies regarding include recommended actions by agencies the matter be printed in the RECORD. implementing this paragraph, which shall in- to— The PRESIDING OFFICER. Without clude standards for— (A) increase the quality and frequency of objection, it is so ordered. (I) reimbursement of costs, when nec- The joint resolution (S.J. Res. 49) essary, between agencies; access to the Death Master File and other (II) retention and timely destruction of death data; was ordered to be engrossed for a third records in accordance with section (B) achieve a goal of at least daily access reading, was read the third time, and 552a(o)(1)(F) of title 5, United States Code; as appropriate; passed, as follows: (C) provide for all States and other data (III) prohibiting duplication and redisclo- S.J. RES. 49 sure of records in accordance with section providers to use improved and electronic means for providing data; Resolved by the Senate and House of Rep- 552a(o)(1)(H) of title 5, United States Code; resentatives of the United States of America in (ii) review the procedures of the Data In- (D) identify improved methods by agencies for determining ineligible payments due to Congress assembled, That, in accordance with tegrity Boards established under section section 5581 of the Revised Statutes of the 552a(u) of title 5, United States Code, and de- the death of a recipient through proactive verification means; and United States (20 U.S.C. 43), the vacancy on velop new guidance for the Data Integrity the Board of Regents of the Smithsonian In- Boards to— (E) address improper payments made by agencies to deceased individuals as part of stitution, in the class other than Members of (I) improve the effectiveness and respon- Congress, occurring by reason of the expira- siveness of the Data Integrity Boards; and Federal retirement programs. (3) REPORT.—Not later than 120 days after tion of the term of Alan Spoon of Massachu- (II) ensure privacy protections in accord- setts on May 5, 2012, is filled by the appoint- ance with section 552a of title 5, United the date of enactment of this Act, the Direc- tor of the Office of Management and Budget ment of Barbara Barrett of Arizona. The ap- States Code (commonly known as the Pri- pointment is for a term of 6 years, beginning vacy Act of 1974); and shall submit a report to Congress on the plan established under this subsection, including on the later of May 5, 2012, or the date of the (III) establish standard matching agree- enactment of this joint resolution. ments for use when appropriate; and recommended legislation. (iii) establish and clarify rules regarding SEC. 6. IMPROVING RECOVERY OF IMPROPER f what constitutes making an agreement en- PAYMENTS. NATIONAL DAY OF REMEMBRANCE tered under subparagraph (A) available upon (a) DEFINITION.—In this section, the term FOR NUCLEAR WEAPONS PRO- request to the public for purposes of section ‘‘recovery audit’’ means a recovery audit de- 552a(o)(2)(A)(ii) of title 5, United States scribed under section 2(h) of the Improper GRAM WORKERS Code, which shall include requiring publica- Payments Elimination and Recovery Act of Mr. REID. Mr. President, I ask unan- tion of the agreement on a public website. 2010. imous consent that the Judiciary Com- (G) CORRECTIONS.—The Director of the Of- (b) REVIEW.—The Director of the Office of mittee be discharged from further con- fice of Management and Budget shall estab- Management and Budget shall determine— sideration of S. Res. 519, and that the lish procedures providing for the correction (1) current and historical rates and of data in order to ensure— amounts of recovery of improper payments Senate proceed to the resolution. (i) compliance with section 552a(p) of title (or, in cases in which improper payments are The PRESIDING OFFICER. Without 5, United States Code; and identified solely on the basis of a sample, re- objection, it is so ordered. (ii) that corrections are made in any Do covery rates and amounts estimated on the The clerk will report the resolution Not Pay Initiative database and in any rel- basis of the applicable sample), including a by title.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13052 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 The assistant legislative clerk read Res. 537, S. Res. 538, S. Res. 539, and S. (ii) to increase compassion for individuals as follows: Res. 540. affected by prenatal exposure to alcohol; (iii) to minimize the effects of prenatal ex- A resolution (S. Res. 519) designating Octo- The PRESIDING OFFICER. Without posure to alcohol; and ber 30, 2012, as a national day of remem- objection, it is so ordered. The Senate (iv) to ensure healthier communities brance for nuclear weapons program work- will proceed to consider the resolutions across the United States; and ers. en bloc. (B) a moment of reflection during the There being no objection, the Senate Mr. REID. Mr. President, I ask unan- ninth hour of September 9, 2012, to remember proceeded to consider the resolution. imous consent the resolutions be that a woman should not consume alcohol Mr. REID. Mr. President, I ask unan- agreed to, the preambles be agreed to, during the 9 months of her pregnancy. imous consent the resolution be agreed the motions to reconsider be laid upon S. RES. 537 to, the preamble be agreed to, the mo- the table en bloc with no intervening tions to reconsider be laid upon the action or debate, and any statements (Supporting the goals and ideals of National table with no intervening action or de- related to these matters be printed in Ovarian Cancer Awareness Month) bate, and any statements be printed in the RECORD as if read. Whereas ovarian cancer is the deadliest of The PRESIDING OFFICER. Without the RECORD as if read. all gynecologic cancers; objection, it is so ordered. Whereas ovarian cancer is the 5th leading The PRESIDING OFFICER. Without The resolutions were agreed to. objection, it is so ordered. cause of cancer deaths among women in the The preambles were agreed to. United States; The resolution (S. Res. 519) was The resolutions, with their pre- Whereas approximately 22,000 women will agreed to. ambles, read as follows: be diagnosed with ovarian cancer this year, The preamble was agreed to. S. RES. 536 and 15,500 will die from the disease; The resolution, with its preamble, (Designating September 9, 2012, as ‘‘National Whereas these deaths are those of our reads as follows: Fetal Alcohol Spectrum Disorders Aware- mothers, sisters, daughters, family members, S. RES. 519 ness Day’’) and community leaders; Whereas the mortality rate for ovarian Whereas the term ‘‘fetal alcohol spectrum Whereas, since World War II, hundreds of cancer has not significantly decreased since disorders’’ includes a broader range of condi- thousands of men and women, including ura- the ‘‘War on Cancer’’ was declared, more tions than the term ‘‘fetal alcohol syn- nium miners, millers, and haulers, have than 40 years ago; drome’’ and has replaced the term ‘‘fetal al- served the United States by building nuclear Whereas all women are at risk for ovarian cohol syndrome’’ as the umbrella term de- weapons for the defense of the United States; cancer, and 90 percent of women diagnosed scribing the range of effects that can occur Whereas those dedicated workers paid a with ovarian cancer do not have a family in an individual whose mother consumed al- high price for their service to develop a nu- history that puts them at higher risk; cohol during her pregnancy; clear weapons program for the benefit of the Whereas some women, such as those with a Whereas fetal alcohol spectrum disorders United States, including by developing dis- family history of breast or ovarian cancer, are the leading cause of cognitive disability abling or fatal illnesses; are at higher risk for developing the disease; in Western civilization, including the United Whereas the Senate recognized the con- Whereas the Pap test is sensitive and spe- States, and are 100 percent preventable; tribution, service, and sacrifice those patri- cific to the early detection of cervical can- Whereas fetal alcohol spectrum disorders otic men and women made for the defense of cer, but not to ovarian cancer; are a major cause of numerous social dis- the United States in Senate Resolution 151, Whereas, as of the date of agreement to orders, including learning disabilities, school 111th Congress, agreed to May 20, 2009; Sen- this resolution, there is no reliable early de- failure, juvenile delinquency, homelessness, ate Resolution 653, 111th Congress, agreed to tection test for ovarian cancer; unemployment, mental illness, and crime; September 28, 2010; and Senate Resolution Whereas many people are unaware that the Whereas the incidence rate of fetal alcohol 275, 112th Congress, agreed to September 26, symptoms of ovarian cancer often include syndrome is estimated at 1 out of every 500 2011; bloating, pelvic or abdominal pain, difficulty live births and the incidence rate of fetal al- Whereas a national day of remembrance eating or feeling full quickly, urinary symp- cohol spectrum disorders is estimated at 1 time capsule has been crossing the United toms, and several other symptoms that are out of every 100 live births; States, collecting artifacts and the stories of easily confused with other diseases; Whereas, in February 1999, a small group of nuclear weapons program workers relating Whereas, in June 2007, the first national parents with children who suffer from fetal to the nuclear defense era of the United consensus statement on ovarian cancer alcohol spectrum disorders united to pro- States, and a remembrance quilt has been symptoms was developed to provide consist- mote awareness of the devastating con- constructed to memorialize the contribution ency in describing symptoms to make it sequences of alcohol consumption during of those workers; easier for women to learn and remember the pregnancy by establishing International Whereas the stories and artifacts reflected symptoms; Fetal Alcohol Syndrome Awareness Day; in the time capsule and the remembrance Whereas there are known methods to re- Whereas September 9, 1999, became the quilt reinforce the importance of recognizing duce the risk of ovarian cancer, including first International Fetal Alcohol Syndrome nuclear weapons program workers; and prophylactic surgery, oral contraceptives, Awareness Day; Whereas those patriotic men and women and breast-feeding; Whereas Bonnie Buxton of Toronto, Can- deserve to be recognized for the contribu- Whereas, due to the lack of a reliable early ada, the co-founder of the first International tion, service, and sacrifice they have made detection test, 75 percent of cases of ovarian Fetal Alcohol Syndrome Awareness Day, for the defense of the United States: Now, cancer are detected at an advanced stage, asked ‘‘What if . . . a world full of FAS/E therefore, be it making the overall 5-year survival rate only [Fetal Alcohol Syndrome/Effect] parents all Resolved, That the Senate— 45 percent; got together on the ninth hour of the ninth (1) designates October 30, 2012, as a na- Whereas there are factors that are known day of the ninth month of the year and asked tional day of remembrance for the nuclear to reduce the risk for ovarian cancer and the world to remember that, during the 9 weapons program workers, including ura- that play an important role in the preven- months of pregnancy, a woman should not nium miners, millers, and haulers, of the tion of the disease; consume alcohol . . . would the rest of the United States; and Whereas awareness of the symptoms of world listen?’’; and (2) encourages the people of the United ovarian cancer by women and health care Whereas, on the ninth day of the ninth States to support and participate in appro- providers can lead to a quicker diagnosis; month of each year since 1999, communities priate ceremonies, programs, and other ac- Whereas, each year during the month of around the world have observed Inter- tivities to commemorate October 30, 2012, as September, the Ovarian Cancer National Al- national Fetal Alcohol Syndrome Awareness a national day of remembrance for past and liance and its partner members hold a num- Day: Now, therefore, be it present workers in the nuclear weapons pro- ber of events to increase public awareness of That the Senate— gram of the United States. Resolved, ovarian cancer; and (1) designates September 9, 2012, as ‘‘Na- f Whereas September 2012 should be des- tional Fetal Alcohol Spectrum Disorders ignated as ‘‘National Ovarian Cancer Aware- RESOLUTIONS SUBMITTED TODAY Awareness Day’’; and ness Month’’ to increase the awareness of the (2) calls on the people of the United States Mr. REID. Mr. President, I ask unan- public regarding the cancer: to observe National Fetal Alcohol Spectrum Now, therefore, be it imous consent that the Senate proceed Disorders Awareness Day with— to the immediate consideration en bloc (A) appropriate ceremonies— Resolved, That the Senate supports the of the following resolutions which were (i) to promote awareness of the effects of goals and ideals of National Ovarian Cancer submitted earlier today: S. Res. 536, S. prenatal exposure to alcohol; Awareness Month.

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 13053 S. RES. 538 (B) to take an active role in the fight to Chess Federation and learn to love this (Designating September 2012 as ‘‘National end the devastating effects of prostate can- historical game. cer on individuals, families, and the econ- Prostate Cancer Awareness Month’’) S. RES. 540 omy; and Whereas countless families in the United (Designating the week of August 6 through (C) to observe National Prostate Cancer States live with prostate cancer; August 10, 2012, as ‘‘National Convenient Awareness Month with appropriate cere- Whereas 1 in 6 males in the United States Care Clinic Week’’) will be diagnosed with prostate cancer dur- monies and activities. Whereas convenient care clinics are health ing his lifetime; S. RES. 539 care facilities located in high-traffic retail Whereas prostate cancer is the most com- (Designating October 13, 2012, as ‘‘National outlets that provide affordable and acces- monly diagnosed non-skin cancer and the Chess Day’’) sible care to patients who have little time to second most common cause of cancer-related Whereas there are more than 80,000 mem- schedule an appointment with a traditional deaths among males in the United States; bers of the United States Chess Federation primary care provider or are otherwise un- Whereas, in 2012, the American Cancer So- (referred to in this preamble as the ‘‘Federa- able to schedule such an appointment; ciety estimates that 241,740 males will be dition’’), and an unknown number of addi- Whereas millions of people in the United agnosed with prostate cancer, and 28,170 tional people in the United States who play males will die from the disease; States do not have a primary care provider, chess without joining an official organiza- and there is a worsening primary care pro- Whereas 30 percent of newly diagnosed tion; prostate cancer cases occur in males under vider shortage that will prevent many people Whereas approximately 1⁄2 of the members from obtaining one in the future; the age of 65; of the Federation are members of scholastic Whereas, approximately every 14 seconds, a Whereas convenient care clinics have pro- chess programs, and many of those members male in the United States turns 50 years old vided an accessible alternative for more than join the Federation by the age of 10; and increases his odds of developing cancer, 15,000,000 people in the United States since Whereas the Federation is very supportive including prostate cancer; the first clinic opened in 2000, the number of of scholastic chess programs and sponsors a Whereas African-American males suffer convenient care clinics continues to increase Certified Chess Coach program that provides from a prostate cancer death rate that is rapidly, and as of June 2012, there are ap- the coaches involved in the scholastic chess more than twice the death rate of White proximately 1,350 convenient care clinics in programs with training and ensures schools males from prostate cancer; 35 States; and students can have confidence in the pro- Whereas obesity is a significant predictor Whereas convenient care clinics follow grams; of the severity of prostate cancer; rigid industry-wide quality of care and safe- Whereas many studies have linked scho- Whereas the probability that obesity will ty standards; lastic chess programs to the improvement of lead to death and high cholesterol levels is Whereas convenient care clinics are staffed students’ scores in reading and math, as well strongly associated with advanced prostate by highly qualified health care providers, in- as improved self-esteem; cancer; cluding advanced practice nurses, physician Whereas the Federation offers guidance to Whereas males in the United States with 1 assistants, and physicians; educators to help incorporate chess into the family member diagnosed with prostate can- Whereas convenient care clinicians all school curriculum; cer have a 33 percent chance of being diag- have advanced education in providing qual- Whereas chess is a powerful cognitive nosed with the disease, males with 2 family ity health care for common episodic ail- learning tool that can be used to successfully members diagnosed have an 83 percent ments including cold and flu, skin irritation, enhance students’ reading skills and under- chance, and males with 3 family members di- and muscle strains and sprains, and can also standing of math concepts; and agnosed have a 97 percent chance; provide immunizations, physicals, and pre- Whereas chess engages students of all Whereas screening by a digital rectal ex- ventive health screening; learning styles and strengths and promotes amination and a prostate-specific antigen Whereas convenient care clinics are proven problem-solving and higher-level thinking blood test can detect the disease at the early to be a cost-effective alternative to similar skills: Now, therefore, be it stages, increasing the chances of survival for treatment obtained in physicians’ offices, ur- That the Senate— more than 5 years to nearly 100 percent; Resolved, gent care clinics, or emergency departments; (1) designates October 13, 2012, as ‘‘Na- Whereas only 27.8 percent of males survive and tional Chess Day’’ to enhance awareness and more than 5 years if diagnosed with prostate Whereas convenient care clinics com- encourage students and adults to play chess, cancer after the cancer has metastasized; plement traditional medical service pro- a game known to enhance critical-thinking Whereas there are no noticeable symptoms viders by providing extended weekday and and problem-solving skills; and of prostate cancer while the cancer is in the weekend hours without the need for an ap- (2) encourages the people of the United early stages, making screening critical; pointment, short wait times, and visits that States to observe National Chess Day with Whereas ongoing research promises further generally last only 15 to 20 minutes: Now, appropriate programs and activities. improvements in prostate cancer prevention, therefore, be it early detection, and treatment; and NATIONAL CHESS DAY RESOLUTION Resolved, That the Senate— Whereas educating people in the United Mr. ROCKEFELLER. Mr. President, I (1) designates the week of August 6 States, including health care providers, rise in support of a bipartisan resolu- through August 10, 2012, as ‘‘National Con- about prostate cancer and early detection tion to designate National Chess Day venient Care Clinic Week’’; strategies is crucial to saving the lives of (2) supports the goals and ideals of Na- as October 13, 2012. I greatly appreciate tional Convenient Care Clinic Week to raise males and preserving and protecting fami- the support of my colleagues, Senator lies: Now, therefore, be it awareness of the need for accessible and LAMAR ALEXANDER of Tennessee and Resolved, That the Senate— cost-effective health care options to com- (1) designates September 2012 as ‘‘National Senator CARL LEVIN of Michigan. plement the traditional health care model; Prostate Cancer Awareness Month’’; National Chess Day is designed to en- (3) recognizes that many people in the (2) declares that steps should be taken— hance awareness and encourage stu- United States face difficulties accessing tra- (A) to raise awareness about the impor- dents and adults to engage in a game ditional models of health care delivery; tance of screening methods for, and treat- known to enhance critical thinking (4) supports the use of convenient care ment of, prostate cancer; and problem-solving skills. clinics as an adjunct to the traditional (B) to increase research funding in an model of health care delivery; and There are over 80,000 members of the (5) calls on the States to support the estab- amount commensurate with the burden of Chess Federation with many of these prostate cancer so that— lishment of convenient care clinics so that (i) screening and treatment for prostate members joining before the age of 10. more people in the United States will have cancer may be improved; Studies indicate that chess programs access to the cost-effective and necessary (ii) the causes of prostate cancer may be aid in improving students’ scores in emergent and preventive services provided in discovered; and math and reading and interest students the clinics. (iii) a cure for prostate cancer may be de- of all learning styles and strengths. Mr. INOUYE. Mr. President, today I veloped; and Engaging students in such activities rise to recognize all of the providers (C) to continue to consider ways for im- can make learning fun and help them who work in retail-based Convenient proving access to, and the quality of, health develop a lifelong pastime to exercise Care Clinics in a Resolution to des- care services for detecting and treating pros- ignate August 6 through August 10, 2012 tate cancer; and their skills. (3) calls on the people of the United States, Engaging students in chess is a won- as National Convenient Care Clinic interested groups, and affected persons— derful opportunity to promote edu- Week. National Convenient Care Clinic (A) to promote awareness of prostate can- cation, and I hope as school begins in a Week will provide a platform from cer; few weeks, more students will join the which to promote the pivotal services

VerDate Sep 11 2014 10:05 May 26, 2017 Jkt 019102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR12\S01AU2.003 S01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13054 CONGRESSIONAL RECORD—SENATE, Vol. 158, Pt. 9 August 1, 2012 offered by the more than 1,350 retail- morning hour be deemed expired and to S. 3414 be at 10 a.m. on Thursday based convenient care clinics in the the time for the two leaders be re- morning. United States. served for their use later in the day; The PRESIDING OFFICER. Without Today, thousands of nurse practi- that the majority leader be recognized, objection, it is so ordered. tioners, physician assistants, and phy- and that following his remarks, the sicians provide care in convenient care Senate begin consideration of S. 3326, f clinics. At a time when Americans are the AGOA/Burma sanctions bill and the PROGRAM more and more challenged by the inac- Coburn amendment under the previous cessibility and high costs of health order. Mr. REID. Mr. President, there will be two rollcall votes tomorrow at 11 care, convenient care clinics offer a Mr. President, I think it is important a.m. The first will be a cloture vote on primary care alternative. to note because of the time frame in A Senate Resolution will help pave the cyber security bill. The second will the morning which Senator MCCONNELL the way for this effort. I ask my col- be on the Coburn amendment to the and I just briefly announced, he and I leagues to join me in supporting this Burma sanctions legislation. Addi- will give no opening statements tomor- tribute to Convenient Care Clinics. tional votes are possible tomorrow. row. I request unanimous consent that the Senators will be notified as soon as we full text of my resolution be printed in Following the debate on the Coburn know. the CONGRESSIONAL RECORD. amendment, the time until 11 a.m. will be equally divided and controlled be- f f tween the two leaders or their des- ORDERS FOR THURSDAY, AUGUST ignees prior to the cloture vote on S. ADJOURNMENT UNTIL 9:30 A.M. 2, 2012 3414, the cyber security bill; further, TOMORROW Mr. REID. Mr. President, I ask unan- that notwithstanding the outcome of Mr. REID. Mr. President, if there is imous consent that when the Senate the cloture vote, the Senate then pro- no further business to come before the completes its business today, it ad- ceed to vote on the Coburn amendment Senate, I ask unanimous consent that journ until 9:30 a.m. tomorrow, Thurs- to S. 3326, and the remaining provisions it adjourn under the previous order. day, August 2; that following the pray- of the previous order be executed; and There being no objection, the Senate, er and pledge, the Journal of pro- finally I ask consent that the filing at 8:05 p.m., adjourned until Thursday, ceedings be approved to date, the deadline for second-degree amendments August 2, 2012, at 9:30 a.m.

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The House met at 10 a.m. and was tive for the Fourth District of Kentucky, ef- Oregon (Mr. BLUMENAUER) for 5 min- called to order by the Speaker pro tem- fective at close of business on July 31, 2012. utes. pore (Mr. WEBSTER). When I was a Cadet at West Point, I inter- Mr. BLUMENAUER. Mr. Speaker, nalized the words of the U.S. Military Acad- f the House of Representatives is a emy’s motto, ‘‘Duty, Honor, Country.’’ Next, unique and special place. There are I learned that success was based on honoring DESIGNATION OF SPEAKER PRO many political offices in America TEMPORE God, Family, and Work, in that order. In De- cember 2011, I decided that in order to honor where one can get into office via acci- The SPEAKER pro tempore laid be- those values, I needed to retire from Con- dent or appointment, but every man fore the House the following commu- gressional service so I could more effectively and woman on this floor had to be nication from the Speaker: serve my family as a husband and father. elected by friends and neighbors to deal WASHINGTON, DC, Those priorities continue to guide my deci- with the fiscal and economic health of August 1, 2012. sions. Recently, a family health issue has de- the Nation, for giving voice to people’s I hereby appoint the Honorable DANIEL veloped that will demand significantly more fears, aspirations, and dreams. I count WEBSTER to act as Speaker pro tempore on of my time to assist. As a result, I cannot every day of service in Congress as a this day. continue to effectively fulfill my obligations gift. Our friend and colleague STEVE JOHN A. BOEHNER, to both my office and my family. Family Speaker of the House of Representatives. must and will come first. LATOURETTE’s announcement that he would not seek reelection should give f I thank the people of Kentucky’s Fourth District for the honor of serving as their pause to every one of us. RESIGNATION FROM THE HOUSE Congressman over the last eight years. You often hear a person say they OF REPRESENTATIVES Sincerely, don’t always agree with somebody but The SPEAKER pro tempore laid be- GEOFF DAVIS, they respect them. With STEVE LATOU- Member of Congress. fore the House the following resigna- RETTE, that’s true. Despite being in dif- tion from the House of Representa- f ferent political parties, I deeply re- tives: spect and appreciate STEVE’s forthright ANNOUNCEMENT BY THE SPEAKER opinions. HOUSE OF REPRESENTATIVES, PRO TEMPORE Washington, DC, July 31, 2012. His focus on having the resources to Hon. JOHN BOEHNER, The SPEAKER pro tempore. Under rebuild and renew America is as re- Speaker, House of Representatives, The Capitol, clause 5(d) of rule XX, the Chair an- freshing as it is important. He’s willing Washington, DC. nounces to the House that, in light of to call for increases in fees and taxes DEAR SPEAKER BOEHNER: I hereby resign the resignation of the gentleman from for infrastructure at the same time he from the office of United States Representa- Kentucky (Mr. DAVIS), the whole num- pushes for responsible budget cutting tive for the Fourth District of Kentucky, ef- ber of the House is 431. and right-sizing government in a way fective at close of business on July 31, 2012. Enclosed is the letter I have submitted to f that’s going to pinch almost everyone. Governor Steve Beshear. His approach is courageous and con- I thank the people of Kentucky’s Fourth REPORT IN THE MATTER OF AL- sistent and, ultimately, we will follow District for the honor of serving as their LEGATIONS RELATING TO REP- that balanced path. Congressman over the last eight years. RESENTATIVE LAURA RICHARD- He has a sense of justice and regular When I was a Cadet at West Point, I inter- SON order, as when he took to the floor as nalized the words of the U.S. Military Acad- a lonely voice arguing for due process emy’s motto, ‘‘Duty, Honor, Country.’’ Next, Mr. BONNER, from the Committee I learned that success was based on honoring on Ethics, submitted a privileged re- on behalf of a disgraced former Mem- God, Family, and Work, in that order. In De- port (Rept. No. 112–642) in the matter of ber. He does what he believes in. Another overused phrase in this body cember 2011, I decided that in order to honor allegations relating to Representative is ‘‘wake-up call.’’ But STEVE’s decision those values, I needed to retire from Con- LAURA RICHARDSON which was referred and announcement should be a wake-up gressional service so I could more effectively to the House Calendar and ordered to serve my family as a husband and father. call, a wake-up call to the majority be printed. Those priorities continue to guide my deci- party to think about what this por- sions. Recently, a family health issue has de- f tends for their ability to govern and veloped that will demand significantly more what will happen when the political of my time to assist. As a result, I cannot MORNING-HOUR DEBATE winds shift just a little, which they continue to effectively fulfill my obligations The SPEAKER pro tempore. Pursu- to both my office and my family. Family surely will. It’s a wake-up call for the must and will come first. ant to the order of the House of Janu- people on my side of the aisle that as I have served with great men and women in ary 17, 2012, the Chair will now recog- we fight against what we think are the Congress in both parties, and leave nize Members from lists submitted by shortsighted and destructive policies, knowing that the House is filled with people the majority and minority leaders for we need to do so in a way that is fair. who love this country and are working to morning-hour debate. We all should look for opportunities to make our future better. I am grateful to The Chair will alternate recognition have been blessed by being a part of this make a little progress on second- and between the parties, with each party third-tier issues that will help do some great institution. limited to 1 hour and each Member Sincerely, good while we build the capacity of GEOFF DAVIS, other than the majority and minority this institution in bipartisan problem Member of Congress. leaders and the minority whip limited solving. to 5 minutes each, but in no event shall Most of all, this should be a wake-up HOUSE OF REPRESENTATIVES, debate continue beyond 11:50 a.m. call to the American public. Too many Washington, DC, July 31, 2012. f of us have allowed our political deci- Hon. STEVE BESHEAR, sions to be outsourced as the political Governor, Commonwealth of Kentucky, Frank- RECOGNIZING STEVE LATOURETTE fort, Kentucky. process increasingly is taken over by DEAR GOVERNOR BESHEAR: I hereby resign The SPEAKER pro tempore. The smaller and smaller groups of extreme from the office of United States Representa- Chair recognizes the gentleman from opinion in primaries of both parties.

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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The Tea Party activists have gotten Go, Team USA. and Senator DURBIN—who has played headlines this weekend in the Texas f such a leadership role on the DREAM Senate primary, but the dynamic is Act for years—will be there. We will DREAM ACT BECOMING A REALITY known by both parties and potentially have all the resources anyone needs to distorts the choices of candidates and The SPEAKER pro tempore. The apply that day. It will be free. We will of issues in the fall. Chair recognizes the gentleman from answer questions and we will provide Some Members of Congress gain a lit- Illinois (Mr. GUTIERREZ) for 5 minutes. the resources necessary to thousands of tle notoriety by virtue of vision or pol- Mr. GUTIERREZ. Mr. Speaker, I be- young people that we expect will at- icy. Usually we get it by being out- lieve there is no greater cause for cele- tend. rageous and stark. Perhaps we are bration in America than when we ex- And we are not alone in Chicago. All known at home and for groups that pand rights to more of our people. We across the country, plans are being have interests that we work with, but are never truer to our American values made by immigrant advocates and or- the vast majority of us wouldn’t reg- than when we look at a group of people ganizations and elected officials for ister above ‘‘margin of error’’ on the and demand that they be treated with how to help DREAM Act-eligible youth larger stage of American national poli- dignity and respect. We are never more to apply for their work permits and a tics. patriotic than when we protect and ex- stay of deportation. Tomorrow, I will STEVE, despite two decades of solid, pand the rights of honest, hardworking be joined by my colleagues to talk distinguished service, his wit, good people, when we live up to our original about resources available coast to humor, and effectiveness—is like a promise of liberty and equality and coast. number of us who may be characterized give meaning to those American words: As one important step, I encourage as an ‘‘obscure Member of Congress.’’ ‘‘We hold these truths to be self-evi- people to visit this Web site: Yet I would argue STEVE LATOURETTE dent, that all men are created equal.’’ dreamrelief.org. That’s dreamrelief.org should be on the radar screen of every Right now, we have reasons to cele- to find out more about who is eligible, American. His is a powerful message of brate because, shortly, the Department how to apply, and where people can re- an institution that needs serious read- of Homeland Security and the White ceive assistance, dreamrelief.org. justment. House are scheduled to announce On August 15, across America, thou- STEVE, his family, especially the guidelines on the application process sands of honest, hardworking, law- younger children, will do just fine. I for DREAM Act-eligible immigrants to abiding DREAM Act-eligible youth im- think he’ll have a better job, spend defer deportation and get work permits migrants should be celebrating by lin- more time with family and friends, and so they can take a vital step toward ing up and taking that historic step to- I think he’ll live longer. But make no living freely and fully in the only na- ward equality. It’s a day of long-over- mistake, everybody should pay attention that has ever truly been their due fairness for our young people, and tion to his story, his career, and why home. I don’t want one eligible young person he’s leaving. Today, I want to congratulate the to miss this opportunity. After a lifetime of solid, productive DREAM Act-eligible youth who have I want our young DREAMers to dem- public service, if this leads to people’s fought so hard for this right, the 1 mil- onstrate to America on August 15 what reconsidering how we do business and lion of them that will be taking a step they’ve demonstrated to their commu- how the American public assesses forward. And I want to remind DREAM nities and their families and their whom they reward or punish, then our Act-eligible youth that because of the friends their entire lives: they’ve loss due to his retirement may be the intelligent action by President Obama worked hard and earned this right by most important contribution in his dis- on August 15, they will be able to apply excelling in school, by helping their tinguished career. for work permits and protection from neighborhoods, and by serving our Na- deportation. f tion. On August 15, Mr. Speaker, they will I know who you are—you are the OLYMPIAN RACHEL BOOTSMA take a step out of the shadows and into next generation of leaders of our great MAKES MINNESOTA PROUD the light. I encourage them to take Nation. On August 15, show all of The SPEAKER pro tempore. The this step, and I want them to know America who you are. We need your ex- Chair recognizes the gentleman from that help and resources are available. ample because it’s vital to remember Minnesota (Mr. PAULSEN) for 5 min- But first, a warning: any progress on that every time we’ve expanded civil utes. immigration is soon followed by some rights in America—every time—some- Mr. PAULSEN. Mr. Speaker, I rise to unscrupulous attempts to make money one tried to stand in the way. From recognize Eden Prairie, Minnesota, na- off the backs of deserving immigrants. women’s suffrage, to voting rights for tive and U.S. Olympian, Rachel So I say to my friends today: Be care- African Americans, to Americans with Bootsma. The 18-year-old swimmer ful. disabilities, to marriage equality, competed on Sunday in the semifinals There is no reason that applying for someone will raise their voice against of the women’s 100-meter backstroke. relief through President Obama’s use of expanding the rights enjoyed by some She has made her home community prosecutorial discretion should be ex- Americans to all Americans. There is very proud with her incredible hard pensive or cumbersome. If someone always someone who says these rights, work and grace on such a grand stage. says the only way for a DREAMer to these liberties, this equality, it’s for It is no small feat to have made it to apply is to write a big check, my ad- me, it’s not for you. her very first Olympics, and in the vice to the DREAMer is they should So I ask my DREAM Act-eligible coming weeks, Rachel will take an- run in the other direction; they are friends—1 million strong—on August other important step when she leaves being lied to. But DREAMers should 15, show America who you are and re- Minnesota for her freshman year of col- run toward help because help is on the mind America that freedom and equal- lege and also at that opportunity be way. ity is for all of us. able to swim for Olympic Coach Teri In Chicago yesterday, the Illinois Co- f McKeever. alition for Immigration and Refugee Rights and I announced a workshop HONORING DEPUTY WILLIAM b 1010 that will be held on August 15—the MAST, JR. So I have a feeling, Mr. Speaker, this very first day the 1 million young peo- The SPEAKER pro tempore. The is not the last that we will see of this ple can apply for work permits and Chair recognizes the gentlewoman from tenacious swimmer. I’d like to con- come out of the shadows and get de- North Carolina (Ms. FOXX) for 5 min- gratulate Rachel and all of the Amer- ferred action from deportation. utes. ican athletes for carrying our banner The event will be held at Navy Pier Ms. FOXX. Mr. Speaker, my heart is in London. in Chicago. Mayor Emanuel, myself, heavy for the family and friends of

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13057 Watauga County Sheriff’s Deputy Wil- 10 of those deaths involved prescription Congress’ effort to craft legislation to liam Mast, Jr., who gave his life in the drugs. Incredibly, drug overdoses now assist our States and communities in line of duty on July 26. kill more West Virginians each year combating prescription drug abuse. In his 23 short years, Deputy Mast than do car accidents. The toll of destruction and devasta- made an imprint on the communities But the alarming use and deaths by tion heaped upon America’s families he served and called home. He was a prescription drugs is not just in West and our economy by this epidemic de- graduate of Watauga High School and a Virginia. As other distinguished Mem- mands that U.S. Congress must act, member of Bibleway Baptist Church. bers will tell you, prescription drug and act swiftly. So I urge my col- He cherished the North Carolina way of abuse hits everyone, whether you’re 9 leagues to move forward and bring leg- life—hunting, fishing, off-roading, and or 90, whether you’re rich or poor, liv- islation to the floor that will enable riding horses in our beautiful country. ing in big cities or small towns, wheth- our communities to fight back against The thoughts and prayers of thou- er you’re Democrat, Independent, Re- prescription drug abuse. sands remain with his beloved wife, publican, or whatever, anywhere in our Let us act with dispatch and compas- Paige, their unborn child, William, his great United States. sion and with an acute understanding parents, Angela Wall and William We know there is no one single an- of the enormity of the challenge before Mast, Sr., his extended family, and the swer, no single action, and no silver us. The future of our families and chil- entire Watauga County Sheriff’s Office. bullet in the fight against prescription dren and the entire health and well- May each be comforted and find drug abuse. I’ve met many times with being of local communities and our Na- peace in the midst of this tragedy. And law enforcement, community organization depend on us. may we be faithful to remember that tions, educators, physicians, and many f the safety we experience in our com- other constituents, and I know that THE MEDICINE CABINET EPIDEMIC munities is maintained, in part, be- fighting back against prescription drug The SPEAKER pro tempore. The cause people like Deputy Mast volun- abuse will take the work of an entire Chair recognizes the gentleman from teer to place themselves in harm’s way village. Kentucky (Mr. ROGERS) for 5 minutes. for our protection. For that caliber of We must strengthen drug diversion, Mr. ROGERS of Kentucky. Mr. service and sacrifice, we are grateful. educate children and adults on preven- Speaker, I want to begin by thanking f tion, work with the medical commu- my colleague and friend from across nity on addiction and pain treatment, PRESCRIPTION DRUG ABUSE the Big Sandy that divides Kentucky and treat and rehabilitate those af- and West Virginia and my good friend The SPEAKER pro tempore. The fected by vicious addiction before they across the aisle, NICK RAHALL, for orga- Chair recognizes the gentleman from succumb to the death spiral. nizing these Special Orders by the Con- West Virginia (Mr. RAHALL) for 5 min- b 1020 gressional Caucus on Prescription Drug utes. Abuse. Congress, the DEA, the medical Mr. RAHALL. Mr. Speaker, I rise I and my distinguished colleagues community, State partners, and par- have put forth and supported legisla- today to urge legislative action on a ticularly the Federal Drug Administra- tion that aims to combat prescription widespread public health crisis. tion must do more to fight the medi- I want to thank, first of all, my col- drug abuse. We know that something cine cabinet epidemic. leagues, especially my good neighbor more must be done from a Federal The Office of National Drug Control and chairman of the House Appropria- level, and that’s why I’ve introduced Policy in the White House has identi- tions Committee, the gentleman from H.R. 1925, the Prescription Drug Abuse fied prescription drugs as our Nation’s Kentucky, Mr. HAL ROGERS, Congress- Prevention and Treatment Act. This fastest growing drug problem, easily woman MARY BONO MACK, and Con- bill would implement multiple meas- eclipsing cocaine and heroin abuse. As gressmen STEVE LYNCH and BILL ures essential to combating prescrip- has been said, the national Centers for KEATING—whom you’ll hear from in a tion drug abuse, education and train- Disease Control has said that prescrip- moment—all tremendous leaders in our ing, monitoring, evaluation and en- tion drug abuse is now a national epi- fight to stop this epidemic. forcement, and it provides a good demic. The CDC has confirmed what local guideline to coordinate Federal, State, In 2010, 254 million prescriptions for leaders and professionals across the and local efforts to fight this epidemic. opioids were filled in this country. board have been struggling with daily: The bill establishes mandatory physi- That’s enough painkillers to medicate prescription drug abuse is a national cian and consumer education and au- every American adult around the clock epidemic—a term the CDC does not use thorizes Federal funding to help our for a month. lightly. States create and maintain prescrip- Our military soldiers are coming It is no longer a silent epidemic. It tion drug monitoring programs that all back from Iraq and Afghanistan can be seen at any hour of any day on States can access. It would also set up hooked on these pain pills. In the last street corners and in school yards. a uniform system for tracking pain- 2 years, over 150 of our soldiers have Every day, there are new stories re- killer-related deaths, helping States died from overdoses. porting overdoses, deaths, accidents, and law enforcement professionals In my home State, Kentucky’s losing and tragedies of families torn apart by manage and report data. roughly 82 people a month to prescrip- the vicious cycle of prescription drug The West Virginia State Police, our tion drug deaths, more than car crash- abuse. And the cycle is certainly vi- State’s attorney general, and even phy- es. Our medicine cabinets are more cious. sicians have all consistently stressed dangerous than our cars. Unlike cocaine or heroin, prescrip- the need for access to a prescription But these statistics, of course, are tion drugs are legal and frequently pre- drug monitoring system that is shared just numbers. So many Americans, in- scribed by caring physicians who are between State lines and updated in real cluding members of our caucus who’ve led by the principle oath of ‘‘first do no time. taken to the House floor today, have harm.’’ Yet, alarming statistics show I know my colleagues have authored been touched by this tragedy in some that children and adults are blind to and supported similar bills, like H.R. personal way. In some counties in my the harmful consequences of these 2119, the Ryan Creedon Act, which also district, half of the children are living drugs even as they become addicted, seeks to implement targeted physician in a home without their parents in paying upwards of $150 per pill to buy education on prescription drug abuse large part because of prescription drug them on the black market. and addiction, and H.R. 1065, the Pill abuse. Distressingly, my home State of Mill Crackdown Act, which would help I’ve met single moms struggling to West Virginia has our Nation’s highest further eradicate pill mills throughout get through drug court and employers rate of drug-related deaths. In fact, be- our Nation. These bills address critical who can’t string together a clean work- tween 2001 and 2008, more than 9 out of issues that ought to be part of this force. We’ve lost mothers. We’ve lost

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13058 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 grandfathers, police officers, children, If approved, this stands to be a disaster: misfortune of a computer hard drive brothers and sisters, husbands and 1. As previously seen, original Oxy was in- just freezing up on you and just crash- wives. credibly misused and wrought havoc. We ing, and you had to take it somewhere This epidemic does not distinguish could see a new wave of deaths if this drug and try to retrieve your data off of between socioeconomic lines or gender is available in a cheaper, generic form. that hard drive, and it cost a whole lot lines or geographic lines. It’s indis- 2. This would also be a tremendous setback of money. You may have even manipu- criminate in its path of destruction, to companies developing abuse-resistant pain lated your child’s computer to prevent and it has to stop. medications. If generic OxyContin is available access to a dangerous Web site; or FDA has to be part of saying ‘‘no’’ to on the market for a low price, there is no fi- somebody may have installed, unbe- the abuse of legal drugs. FDA is the nancial incentive for investment in the devel- knownst to you, some software on your primary entity for regulating prescrip- opment of abuse-resistant drugs. laptop computer that you carry around tion drugs with its hands on the spigot. FDA must realize the wide-reaching implica- so that one can keep track of your For years, I’ve pleaded with the FDA tions of this pending decision, and I encourage whereabouts. to take a harder look at how these the Agency and Commissioner Hamburg not These are the kinds of things that we painkillers are allowed to be pre- to put this potent drug back on the market must be concerned about as far as our scribed. when there are so many alternatives already electronic voting machines—their ac- Congressman FRANK WOLF of Vir- available and under development. curacy and the fact that they can be ginia and I have implored FDA to make Mr. Speaker, this epidemic is touching peo- manipulated. these painkillers available only for se- ple in every corner of our great nation—and There have been several e-voting in- vere pain. Prescription painkillers such for that reason, I invite all of my colleagues to accuracies since 2006, including promi- as OxyContin and Opana were origi- join us in the fight by becoming a member of nent controversies in South Carolina, nally intended to treat severe pain the Congressional Caucus on Prescription Florida, and Pennsylvania. The VOTE Act provides peace of mind. It does so caused by cancer, but over the years, Drug Abuse and working with us in pressing by requiring that the source code, or based in large part on marketing prac- FDA to make the right decisions. the blueprint, of the e-voting system be tices, many physicians, dentists, other f health care providers began prescribing stored in the National Software Ref- opioid painkillers for moderate-to-se- VERIFYING OFFICIAL TOTALS FOR erence Library, which will allow audi- vere pain. A toothache or a stubbed toe ELECTIONS ACT tors to compare that code with the ac- has become an excuse for an Oxy pre- The SPEAKER pro tempore. The tual machine to determine if there has scription. Chair recognizes the gentleman from been any improper activity. This is an urgent problem, and the Now, OxyContin’s a wonderful drug, Georgia (Mr. JOHNSON) for 5 minutes. VOTE Act is the solution. The right to intended for terminally ill cancer pa- Mr. JOHNSON of Georgia. Mr. Speak- vote is fundamental to our democratic tients, people in severe pain that need er, I will introduce today the Verifying process, and it is protected by the Con- a time-released capsule over 12 hours. Official Totals for Elections Act, also stitution of the United States. The It helped the patient and helped the known as the VOTE Act. right to vote is protected by more con- caregiver. But it’s also a very addictive Electronic voting machines are vul- stitutional amendments—the First, drug and very difficult to kick once ad- nerable to poor design and tampering, 14th, 15th, 19th, 24th, and 26th—than is dicted. So this is really a dangerous and there is currently no way to verify any other right we enjoy as Americans. drug when not used in the prescribed the accuracy of an electronic vote Thus, it is vital to ensure the integrity way. count. The VOTE Act will ensure the of that vote. We must do everything in This FDA-approved indication for integrity of our voting machines sys- our power to ensure that every Amer- moderate-to-severe pain can create the tem by requiring any software used in ican who casts a vote in the upcoming false assumption that opioids are a safe an electronic voting system for any election is counted. and effective treatment for chronic, Federal election to be deposited in the I thank Common Cause, Florida Vot- noncancer pain. On the contrary, more National Software Reference Library. ing, VerifiedVoting.org, and the North than 30 leading clinicians, researchers, Depositing the software in the Na- Carolina Coalition for Verified Voting and health officials recently petitioned tional Software Reference Library will for endorsing this bill. the FDA to strike the term ‘‘mod- allow the software to be available for I urge all of my colleagues to support erate’’ from the indication for non- review in the event of an election con- the VOTE Act, and I invite Members cancer pain, add a maximum daily dose test or recount. from both sides of the aisle, Democrats and a maximum duration of 90 days for The VOTE Act is definitely needed. and Republicans, to cosponsor this bill. continuous daily use. We are 97 days away from a crucial Protecting the vote and the integrity When we’re losing 16,000 people a election and, according to a recent re- of the voting process is not a partisan year to these drugs, the FDA must port, half the States have inadequate issue, but an issue that is important to take this petition seriously. post-audit election procedures for elec- all citizens and vital to the strength of Second, the FDA shortly will make a vital tronic voting machines. It also found America. determination about whether to approve ge- that a quarter of States have post- f neric versions of the original formulation of the audit election procedures that need im- drug OxyContin. provement. Further, the report found JOE HARTLE In 2007, the manufacturer of this drug, Pur- that in every national election in the The SPEAKER pro tempore. The due Pharma, was found criminally liable for past decade, computerized voting sys- Chair recognizes the gentleman from deliberately misbranding their product. tems have failed, machines did not Pennsylvania (Mr. THOMPSON) for 5 After paying an unprecedented $630 million start or failed in the middle of voting, minutes. penalty, Purdue voluntarily removed the origi- memory cards could not read, and Mr. THOMPSON of Pennsylvania. nal formulation of OxyContin from the mar- votes were mistallied. Mr. Speaker, today I rise to recognize ket—and reissued the drug with a formulation I’m sure that you all who are com- and remember Joe Hartle—a friend and which is much more difficult to abuse. puter literate out there have had a a lifelong farmer of Centre County, Since this new, more ‘‘gummy’’ drug has computer and you were working on it Pennsylvania, which is located in the come on the market, abuse of OxyContin has and suddenly it froze up. Commonwealth’s Fifth Congressional steadily declined—while the abuse of other District. painkillers, like Opana, is on the rise. b 1030 Joe Hartle was a distinguished leader Purdue’s patent on the original OxyContin In order to unfreeze it, you had to in both the agricultural and fair indus- formulation expires in 2013, and at least three reboot it, and in the process, you lost tries, and was a staple in the Centre companies have filed applications with FDA to all of your data that you were working County community. Sadly, he passed produce generic versions. on; or some of you may have had the away in March of 2012.

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

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in place to prevent the tampering of problem nationally and in Massachu- Colorado (Mr. PERLMUTTER) for 5 min- these painkillers, this potential advent setts, where deaths, emergency room utes. of pure hydrocodone will dramatically episodes, and admissions for treatment Mr. PERLMUTTER. Good morning, increase the already alarming rates of related to non-heroin opioids has sky- Mr. Speaker, and to a fellow softball abuse and addiction. The bill would rocketed in recent years. In fact, 99 coach. mandate the tamper resistance of these percent of individuals entering treat- The columbine is the State flower of pills, as well as many others. ment facilities who report heroin use Colorado. It’s a beautiful flower found These pills provide great relief for started with a prescription medication in our mountains with whites and blues many Americans in terms of extreme like OxyContin. and yellows. It’s just a gorgeous State pain, but we must do something about OxyContin is a narcotic painkiller flower for us to have. another type of pain, a terminal pain, a which has started too many people on Thirteen years ago, on April 20, 1999, pain that family members and loved this terrible journey to addiction. It is at Columbine High School, we had a ones feel when they have lost someone a drug that by design is inherently so terrible tragedy. And I want all of us to to the disease that results in this type powerfully addictive that it actually remember the names of the kids that of addiction. changes the brain over long periods of were killed at that shooting: Cassie I encourage all my colleagues in the treatment, and it creates customers for Bernall, Steve Curnow, Corey House to cosponsor H.R. 6160, and fur- life. It creates addicts. OxyContin is a DePooter, Kelly Flemming, Matt ther encourage the development of drug that has caused so much grief to Kechter, Daniel Mauser, Daniel these tamper-resistant mechanisms. individuals, families, and communities, Rohrbough, Rachel Scott, Isaiah It’s not a silver bullet, but it’s an im- has caused so much pain and suffering, Shoels, John Tomlin, Lauren Town- portant first step. that earlier this year the nation of send, Kyle Velasquez, and teacher, f Canada removed it from the market. I Dave Sanders. commend them for that. I, in fact, filed PRESCRIPTION DRUG ABUSE IN b 1050 a bill in May of 2005 to do exactly the AMERICA same thing in the United States, but Now Columbine, just like this flower, The SPEAKER pro tempore. The because of the powerful lobbying ef- has recovered, sprouted. It’s a beautiful Chair recognizes the gentleman from forts of the drug companies, that legis- school. It has strong academics, strong Massachusetts (Mr. LYNCH) for 5 min- lation was not successful. That’s a big sports, and good citizens. We’re very utes. part of the problem. proud of the kids in that high school. Mr. LYNCH. Mr. Speaker, I want to In the United States, we continue to It’s near where I live. thank my friend and colleague, Mr. put corporate profit ahead of personal We have suffered some scars from KEATING, for his leadership on this loss. Reports of the abuse of OxyContin Columbine in Colorado, but we’ve also issue. surfaced soon after its introduction in learned some lessons. We’ve learned I rise this morning, along with sev- 1996, a year in which Purdue Pharma, some lessons that were put to good use eral of my colleagues, Mr. RAHALL and the manufacturer of OxyContin, made 10 days ago in Aurora, Colorado. Mr. KEATING, whom you just heard, and $1 billion on the drug. In 2007, Purdue Aurora, as many of you will remem- also Chairman ROGERS, to talk about Pharma pled guilty to criminal charges ber from your mythology classes, is the the very important issue of prescrip- that they intentionally misled doctors, goddess of the dawn. And there will be tion drug abuse in America. Federal regulators, and patients in re- a new day. Prescription drugs are responsible for gard to the addictive nature of their We’re suffering in Colorado right the fastest growing area of drug abuse gold-mine drug in order to boost their now. It’s a beautiful State. It is a won- in this country, ahead of cocaine, her- profits. Despite its troubled history, derful place. We’ve had two very dif- oine, methamphetamines, and other OxyContin is still available. In 2011, it ficult, tragic moments. And in these drugs. In fact, according to the Centers earned $2.8 billion in profits for the last 10 days, Mr. Speaker, I have had a for Disease Control in Atlanta, pre- company. chance to go to five funerals and visit scription drugs cause most of the more In addressing the problem, we need to with some people in the hospital. than 26,000 fatal overdoses that we see consider the range of contributing fac- I want us to remember the names of each year. Despite this alarming num- tors. We need to look at the composi- the people that were killed 10 days ago: ber, there exists a lack of knowledge tion of the drugs and the marketing of Jonathan Blunk, Alexander Jonathan about this particular type of substance these addictive drugs and the regu- (AJ) Boik, Staff Sergeant Jesse abuse that prevents many people from latory approval process. There are two Childress, Gordon Cowden, Jessica identifying it as the problem that it is, measures that I want to note here: one, Ghawi, Petty Officer 3rd Class John and that in turn makes it more dif- there has been a significant effort to Larimer, Matthew McQuinn, Micayla ficult to achieve a real solution. reformulate this drug so that it is less Medek, Veronica Moser, Alex Sullivan, Prescription drug abuse is an epi- susceptible to abuse. I commend the Alex Teves, Rebecca Wingo. demic in this country plain and simple, drug-makers on that effort. The second Beautiful people, good people harmed and it must be dealt with as such. issue is with BlueCross BlueShield, in a very senseless moment in our his- While prescription drug medication can which has instituted a limiting factor. tory. help people suffering from a range of It requires a robust reevaluation of any But in the midst of this tragedy, chronic and temporary conditions, for patient who is being prescribed there were a lot of heroes. And from many others, exposure to pain medica- OxyContin over a period of time. I Columbine, we learned lessons to get in tion, whether prescribed or obtained think that is one of the best decisions and move quickly to save lives. through other means, can be the begin- by an insurance company in this coun- So beginning with the Aurora police ning of a long and tragic battle with try in some time. force and the firefighters from Aurora, addiction. As you heard from previous I commend my colleagues on the there were tremendous acts of courage speakers, from Massachusetts to West Congressional Prescription Drug Abuse that saved lives, that saved people Virginia to Kentucky and to Cali- Caucus for their legislative efforts, and from bleeding to death. We saw in our fornia, many of my constituents also I look forward to continuing to work medical teams a coordination of ef- struggle with prescription drug addic- with them on this very important forts, the likes of which none of us tion and its consequences. Those people issue. would ever want to go through again, are homemakers, they are profes- f but tremendous efforts on the part of sionals, they are students and laborers. the medical teams to save lives. Addiction does not discriminate. THE VICTIMS OF COLUMBINE Yesterday I had a chance to meet Abuse of prescription medicine, espe- The SPEAKER pro tempore. The with some of the people still in the hos- cially opioid pain relievers, is a major Chair recognizes the gentleman from pital, which gave me so much hope and

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13061 inspiration. I want to start with the RECOGNIZING THE LIFE AND LEG- Glass were ready and willing to fight family where the husband and the ACY OF PROFESSOR THELMA against such racial injustice. wife—she’s 9 months pregnant—decided MCWILLIAMS GLASS The Women’s Political Council was that they want to go to a movie before The SPEAKER pro tempore. The soon absorbed into the newly formed they have their first born. They want Chair recognizes the gentlewoman from Montgomery Improvement Association to get that one last date out. Alabama (Ms. SEWELL) for 5 minutes. with Dr. Martin Luther King, Jr., at its He’s shot. She suffers shots from the Ms. SEWELL. I rise today to recog- helm. Professor Glass continued to shotgun pellets. He’s down on the first nize and pay tribute to a distinguished play an integral role by copying thou- floor having surgery on his brain. She Alabama educator and civil rights pio- sands of flyers and recruiting her stu- is up on the third floor of the hospital neer, Professor Thelma McWilliams dents to help spread the word of the having a baby—baby Hugo, who is like Glass. She was known for her exem- bus boycott. She risked her life driving the biggest kid I have ever seen at that plary efforts in the field of higher edu- in carpools and organizing transpor- age. His hands, he’s definitely going to cation and her tireless commitment to tation for those participating in the be a baseball player. And the Rockies the struggle for racial equality. boycott. came by to visit him and gave this Professor Thelma Glass was the last The success of the Montgomery boy- baby two baseballs. surviving member of the Women’s Po- cott pushed the civil rights movement litical Council, the organization that into full force, as African Americans But she was so positive and so opti- was instrumental in the planning and across the South fought against racial mistic about her son’s future and about organization of the Montgomery Bus inequality and ultimately led to the the future of her husband, who has had Boycott in the 1950s. signing of the Voting Rights Act in 1965 great medical care and will have long- She recently passed away in Mont- by President Lyndon B. Johnson. lasting injuries, but he will do well. gomery, Alabama, on Wednesday, July It was women like Professor Glass And this wife was so positive, a young 25, at the age of 96. who refused to sit on the sidelines and woman who is really optimistic about Professor Thelma Glass was born in be a footnote in history that made it life. Mobile, Alabama, on May 16, 1916, and possible for all of us to enjoy the rights Another young man who was shot in at an early age was instilled with a that we do today. I know I would not the side, he was in a coma. He has since love of learning that led to her lifelong be standing here today as the first Af- come out of it, and he is now planning pursuit of academic excellence. She rican American Congresswoman from to start his first year of college at graduated valedictorian of Dunbar Alabama if not for activists like Pro- Western State in Gunnison, Colorado. High School in Mobile, Alabama, at the fessor Thelma Glass. And finally, one guy who had been in age of 15 and earned a bachelor’s degree The remarkable career of Professor a difficult state, the President of the from Alabama State University and a Thelma Glass as an educator and civil United States came and visited him. He master’s degree from Columbia Univer- rights activist has been recognized by woke up at that moment—whether it sity, both in geography. numerous awards. In 2011, Professor was because of that visit or not, who In 1942, Thelma McWilliams married Glass received the Black and Gold knows, but he has a huge smile. The the love of her life, Arthur Glass. They Standard Award, one of the highest Rockies came to visit him, and he said, were both professors at Alabama State honors awarded to an alumnus by Ala- ‘‘I’m sorry, but I’m a Yankees fan.’’ University for over 40 years. Their love bama State University. Professor Glass And then, to my chagrin, he also is a for each other was as strong as their was an active member of Alpha Kappa fan of the San Diego Chargers and the dedication and commitment to the stu- Alpha sorority, the Montgomery chap- Oakland Raiders, when he should be a dents they taught at Alabama State ter of the Links Incorporated, and St. Broncos fan. But he is recovering well, University. After 41 years of marriage, John A.M.E. Church. too. her husband, Professor Arthur Glass, Thelma Glass was, indeed, an inspira- passed away in 1983. tion to all. I know on a personal note, These people are recovering. Our Professor Thelma Glass was an ac- Professor Glass served as a role model community will recover. We live in a complished educator who taught geog- and mentor to my mother Nancy Gard- great State. raphy at Alabama State University for ner Sewell, whom she encouraged as a And I want to just finish with these 40 years. She led by example, dis- student at Alabama State University words, if I could, Mr. Speaker. Ordi- playing the same exceptionalism, te- to pledge Alpha Kappa Alpha sorority. narily I speak off the cuff, but one of nacity, and commitment to public She was the epitome of a woman of the staff members in my office, who is service that she demanded of her stu- grace and style who lifted as she a Coloradan, wanted me to say this, dents. After four decades of dedication climbed. and I believe it. to Alabama State University and her I stand on the shoulders of these Even after these tragedies, we must community activism, in 1981, the Thel- trailblazing activists such as Professor remind ourselves and the world what it ma M. Glass auditorium in Trenholm Glass, this remarkable woman who is to be a Coloradan. Hall was dedicated on the campus of paved the way for the advancement of Alabama State University in her African Americans. We are the cities and the open spaces. honor. Our Nation is eternally grateful to We are the mountains and the prairie. Professor Glass was at the forefront Professor Thelma Glass’ commitment We are the mountains and the trees. of the civil rights movement, showing to racial equality and social justice We are the snow and the sunshine. great courage as she stood up to social that is a great example to all of us. She We are loving families and longtime injustices of segregated Montgomery, left an indelible mark on the State of friends. We are the welcoming neighbor Alabama, in the 1950s. She was a core Alabama and on this Nation, and today and the kind stranger. member and secretary of the Women’s I proudly stand to acknowledge her leg- We are Coloradans. We live in para- Political Council that formed at Ala- acy and hope that we all remember it dise and surround ourselves with lov- bama State University to campaign for generations to come. against the abuses and the indignities ing, wonderful people who enrich our f lives. This is what defines our State. of segregation. The activism of the Women’s Polit- b 1100 We will always remember the vic- ical Council laid the groundwork for tims, we will always honor the heroes, the successful Montgomery Bus Boy- REPUBLICAN INTRANSIGENCE AND and we will grow stronger. cott. When Rosa Parks set the protest OBSTRUCTION I am proud of my State. I’m sorry for into motion with her arrest in 1955 The SPEAKER pro tempore. The what happened. But we will grow from after refusing to give up her seat on Chair recognizes the gentleman from this. the bus, women like Professor Thelma Maryland (Mr. HOYER) for 5 minutes.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13062 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Mr. HOYER. Mr. Speaker, this week’s so, they broke a central promise in lican friends, stop walking away from middle class tax cut debate is unfortu- their pledge to America—that is, the the middle class and start working nately an unnecessary sequel to De- promise to let the majority work its with us to get things done on their be- cember’s fight over extending payroll will. half. tax cuts. Republicans campaigned on a We could have extended the payroll Let me quote someone I don’t usually pledge to seek bipartisan solutions to tax cuts without a fight. We could have quote, Newt Gingrich, when he was our pressing challenges, but when faced found a big and balanced solution to Speaker of this House when we were with a bipartisan agreement in Decem- deficits. And we could be voting today considering a compromise that he and ber of last year, they chose to walk on a tax cut extension for 100 percent President Clinton had agreed to, and so away. Unfortunately, they appear of Americans who make up to $200,000. many of his Republicans colleagues, ready to do so again. When it comes to Or, if they’re a couple, $250,000. But in Mr. Speaker, as you may remember, extending tax cuts to the middle class, each case, Mr. Speaker, Republicans opposed Newt Gingrich’s efforts. He Democrats and Republicans agree; both moved not towards the center but to said: believe we ought to do so. So we have the right to placate the extreme wing I would say for just a minute, if I might, to agreement. That agreement has been within their party. my friends who were asking for a ‘no’ vote, the ‘perfectionist caucus.’ reflected in a Senate-passed bill, Mr. Yesterday, Mr. Speaker, Representa- He concluded his remarks in urging Speaker, as you know. tive RICHARD HANNA of New York, a Re- them to vote for a compromise agree- So with millions faced with the un- publican, said this about his party in ment: certainty of whether their taxes will go Congress: up next year, why haven’t we acted? So the question is: Can we craft a bill I have to say that I am frustrated by how which is a win for the American people be- This should be an easy vote for an much we—I mean the Republican Party—are cause it is a win for the President and a win overwhelming majority of Members to willing to give deferential treatment to our for the Congress? Because if we cannot find say, Let’s extend these tax cuts we extremes in this moment of history. a way to have all three winning, we do not agree on, and then debate what we The gentleman from New York went have a bill worthy of being passed. don’t agree on. It should be easy. But on to say: The President has indicated he will the Republicans, Mr. Speaker, are con- We render ourselves incapable of governing not sign the Republican bill, and the tinuing to do what they do so often, when all we do is take severe sides. If all peo- Senate won’t pass the Republican bill. have done best this Congress—obstruct, ple do is go down there and join a team, and But again, my friends, Mr. Speaker, as delay, and walk away. the team is invested in winning and you have you know, we have agreement on 98 In December, by holding hostage an something similar to the shirts and the percent, and we are hung up because we extension of the payroll tax cuts for 98 skins, there’s not a lot of value there. don’t have agreement on the other 2 percent of our taxpayers, Republicans Congressman HANNA in this instance percent. walked away from the middle class. is right. Republicans have been unable Speaker Gingrich went on: They walked away from their responsi- to govern. Again and again, this Re- Now, my fine friends who are perfection- bility to seek compromise on job cre- publican House has received com- ists, each in their own world where they are ation and economic recovery. They promise bills from the Senate but has petty dictators, could write a perfect bill. walked away from negotiations over been incapable of agreeing to legisla- And he concluded: deficit reduction, setting up the dan- tion or passing a version that could be- In a free society, we have to have give and gerous sequester that now looms at the come law. take. We have to be able to work. end of the year. The sequester exists That was true on transportation. It’s Mr. Speaker, Americans must lament because Republicans pursued a policy true on the farm bill, and it’s true on the fact that they see their Represent- of placing the Nation’s debt at risk. Violence Against Women. And it’s true atives agreeing on 98 percent of a prop- Today, sadly, they are walking away on this tax bill. Examples include, as osition and will not pass it. They will from the middle class and working I’ve said, Violence Against Women and not pass it because the perfectionist families once more, demanding their the farm bill, postal reform, the high- caucus has promised in many respects way or nothing on tax cuts. No tax cuts way bill, FAA reauthorization, and to one individual American we will not for the middle class, they insist, with- many others. Instead of focusing on raise taxes ever. We won’t pay for what out an additional tax break for the winning politically, they ought to be we buy, even if we think it’s impor- upper 2 percent of income earners. In concerned about governing effectively. tant. other words, we agree on 98 percent. We They could learn much from our out- Mr. Speaker, both parties have an op- don’t agree on 2 percent. Rather than standing Olympic athletes. In team portunity today to stand up and reflect agreement and do something positive doing that which we agree upon for 98 sports like soccer and basketball, ath- for the American people, do something percent of the American taxpayers, we letes who normally compete against positive for the American economy, do will hold them hostage until we get each other at home have come together something positive to grow jobs in agreement on the 2 percent. Of course as one team, Team USA. They’ve won America. Do something that will give if we agree on the 2 percent, it will add gold; they’ve been successful. We could certainty and confidence to the over- a trillion dollars over 10 years, if fol- be as well if we came together as Team whelming majority of Americans, who lowed for 10 years, to our deficit and USA. will say that Congress can work. debt. Those athletes may harbor rivalries Republicans’ plan of tax cuts for the most of the time. They may not be b 1110 wealthy hasn’t worked before, and it used to working together. And they all It can, as families understand they won’t work now. Under President know that when the cauldron is extin- must do every day, reach compromise, Reagan and both Presidents Bush, defi- guished, they’ll once again wear dif- come together, reason with one an- cits climbed. Democrats want to return ferent colors. But right now in London, other and give and take, as Speaker to the successful policies we had under they’re all wearing red, white, and Gingrich said. President Clinton, when we had the blue, and they’ve set their differences Let us hope, Mr. Speaker, that we re- most successful economy, 4 years of aside to achieve victory together. We flect the best in us today, not the balanced budgets, and 4 years in which ought to follow their example. Repub- worst, not the confrontational inclina- we did not increase the national debt. licans ought to follow their example. tion, but the inclination to come to- I say to my friends on the Republican We have a chance today to be one gether, to make America better and to side of the aisle, Mr. Speaker, we’ve team and make possible what we agree make sure that the American people, had many opportunities to work to- ought to happen. Again, we agree on 98 who are working hard every day, don’t gether this year to address our chal- percent of the proposal. Let’s agree on see a tax increase on January 1 as a re- lenges, but each time our Republican that, and agree to debate that on which sult of a ‘‘perfectionist caucus’’ unwill- colleagues have walked away. In doing we don’t agree. So I say to my Repub- ing to compromise, unwilling to pass

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13063 an already-passed Senate bill that will lic for which it stands, one nation under God, this year. The President’s solution is give 98 percent of Americans con- indivisible, with liberty and justice for all. to raise taxes on some. That would fidence that they will not receive any f eliminate 700,000 jobs in our country; tax increase on January 1. WELCOMING REVEREND MICHAEL 60,000 of those would be lost in my What a good thing that would be for CATT home State of Texas. The tax increase America, for the American people, and will cost the average American a year’s for the American economy. Let’s work (Mr. SHULER asked and was given worth of groceries—$4,000. together. America expects us to do permission to address the House for 1 Madam Speaker, almost half of that, and that’s what we ought to do. minute.) Americans pay no Federal income tax Mr. SHULER. Mr. Speaker, I rise f at all. What we need are more tax- today to recognize today’s guest chap- payers, not more taxes. We need to RECESS lain, Dr. Michael Catt. Dr. Catt is the renew the so-called ‘‘Kennedy-Reagan- The SPEAKER pro tempore. Pursu- senior pastor at Sherwood Baptist Bush tax cuts.’’ No tax increases on ant to clause 12(a) of rule I, the Chair Church in Albany, Georgia. I’m hon- Americans. Because the power to tax is declares the House in recess until noon ored to welcome Dr. Catt, his wife, the power to destroy, and the last today. Terri, and his daughter, Hayley, to the thing we should do is raise taxes in a Accordingly (at 11 o’clock and 11 U.S. House of Representatives today. recession. minutes a.m.), the House stood in re- Dr. Catt has served as senior pastor And that’s just the way it is. at Sherwood Baptist Church since 1989. cess. f The church has 3,000 members and has f averaged 100 baptisms each year. Thou- DON’T FORGET THE LITTLE b 1200 sands have joined the church from Al- PEOPLE bany and 29 surrounding communities. (Ms. HOCHUL asked and was given AFTER RECESS The church has evolved from a neigh- permission to address the House for 1 The recess having expired, the House borhood church to a regional, multi- minute and to revise and extend her re- was called to order by the Speaker at ethnic congregation with members marks.) noon. from 11 nations. Ms. HOCHUL. Madam Speaker, f Most notably, under Dr. Catt’s lead- ‘‘Don’t forget the little people.’’ That’s ership, Sherwood Baptist developed an what a gentleman said as he grabbed PRAYER out-of-the-box church outreach. Dr. my hand and looked into my eyes at Reverend Michael Catt, Sherwood Catt’s goal is to change the world from the Sanborn Farm Museum French Baptist Church, Albany, Georgia, of- Albany, Georgia. While this may sound toast breakfast on Saturday morning. fered the following prayer: and seem like a radical or even ridicu- ‘‘Don’t forget the little people.’’ Lord God, I give thanks to live in a lous statement from a pastor in south- Who are these little people? I’ll tell free land, blessed by You. Since the west Georgia, it has, in fact, become a you right now, these are millions of days of the Pilgrims who sought free- reality through Sherwood Pictures. Dr. moms and dads sitting at their dinner dom from religious and political tyr- Catt has served as executive producer table tonight trying to cover their wor- anny, You have blessed this land. You of ‘‘Flywheel,’’ ‘‘Facing the Giants,’’ ried expression from their kids as they have guided us through wars, recession, ‘‘Fireproof,’’ and ‘‘Courageous.’’ Each look over their family finances, won- and prosperity. We owe our existence of these major motion pictures serves dering whether Congress is going to to Your sovereign hand. to influence the world for Christ. step up to the plate and give them the May those elected to represent the I am honored to call Dr. Catt a tax break they so desperately deserve. people follow the teachings of Your friend, and I look forward to how God Only in Washington will people tell Word. We pray for all in authority that continues to use Dr. Catt in the future. you you need to address our growing we may live in peace. Please guide the I ask my colleagues to welcome Dr. out-of-control deficit by spending a Congress, regardless of political per- Catt and his family as he leads us trillion dollars on tax breaks for mil- suasion, to follow the words of Micah 6: today in opening prayer. lionaires and billionaires. And not just He has told you, O man, what is good. f that. That puts us into further debt What does the Lord require of you but to do with the Chinese. I’ve got a problem ANNOUNCEMENT BY THE SPEAKER justice, to love kindness, and to walk hum- with that. PRO TEMPORE bly before your God? The voice of the Lord It seems simple to me. If we want to will call to the city. It is sound wisdom to The SPEAKER pro tempore (Mrs. cut our deficit, we cut spending, and we fear Your name. MILLER of Michigan). The Chair will also ask those who benefited from tax In the name of my Lord Jesus, I pray. entertain 15 further requests for 1- breaks for the last decade to pay their Amen. minute speeches from both sides of the fair share. f aisle. Like many of us, I’m with the little THE JOURNAL f people and I’m with the middle people. Let’s vote for a middle class tax cut THE POWER TO TAX IS THE The SPEAKER. The Chair has exam- today. POWER TO DESTROY ined the Journal of the last day’s pro- f ceedings and announces to the House (Mr. POE of Texas asked and was his approval thereof. given permission to address the House STOP THE TAX HIKES Pursuant to clause 1, rule I, the Jour- for 1 minute and to revise and extend (Mr. SAM JOHNSON of Texas asked nal stands approved. his remarks.) and was given permission to address f Mr. POE of Texas. Madam Speaker, the House for 1 minute and to revise ‘‘The last thing you want to do is to and extend his remarks.) PLEDGE OF ALLEGIANCE raise taxes in the middle of a recession Mr. SAM JOHNSON of Texas. Madam The SPEAKER. Will the gentleman because that would take more demand Speaker, let the countdown begin. from Colorado (Mr. PERLMUTTER) come out of the economy and put business in Come January 1, the President and the forward and lead the House in the a further hole.’’ Democrats plan to raise taxes on hard- Pledge of Allegiance. That’s what the President said in working families and small business. Mr. PERLMUTTER led the Pledge of 2009, but that was then and this is now. That’s right. Instead of reining in Allegiance as follows: If Congress doesn’t act, Americans will their out-of-control spending, the I pledge allegiance to the Flag of the face higher taxes when the clock President wants all Americans to hand United States of America, and to the Repub- strikes midnight on December 31 of over even more of their hard-earned

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13064 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 money to the Federal Government. It’s fight for this country he loved so sion to eliminate Buffalo-Niagara from not smart to raise taxes ever, and cer- much, he told his family, Madam the Urban Area Security Initiative pro- tainly not in a struggling economy. Speaker, I know where I am going, I gram. With 3 years of sky-high unemploy- know why I am going and what the Niagara County Sheriff Voutour and ment across the country, record-break- purpose is. Erie County Commissioner of Emer- ing deficits, and countless new rules Madam Speaker, Adam Ross’ body gency Services Daniel Neaverth testi- and mandates coming from the White was returned to this country he loved fied that the capability gains made House, the solution is simple: Stop and believed in last week in a flag- under this program cannot be sus- these job-killing tax hikes. draped coffin. His parents buried him tained without fully funding this pro- It’s time to rewrite the Tax Code, at the tender age of 19. He died defend- gram. The Federal investment that work on pro-growth tax reform, and ing this country and fighting for the supported the security gains achieved get this economy working again. Stop qualities that make this the last best over the past 8 years in this program the Democrats’ massive tax hikes to hope for mankind. will be lost unless we fully fund this pay for their Big Government agenda. So, Madam Speaker, I rise to honor program. The American people want, need, and his service, to honor the sacrifice his Madam Speaker, the witness testi- deserve better. parents made, to pray for their peace mony made clear that the decision to f and their wisdom, and to pray that eliminate Buffalo-Niagara from the when Adam Ross looks down from Urban Areas Security Initiative pro- b 1210 heaven and sees the America of years gram was ill-advised, shortsighted, and DISESTABLISHMENT OF THE to come, he may believe his sacrifice counterproductive. Congress and the POSTAL SERVICE and service were worth it. Department of Homeland Security f must reverse this course and restore (Mr. KUCINICH asked and was given Buffalo-Niagara’s eligibility for this MIDDLE CLASS TAX CUT permission to address the House for 1 all-important program. minute.) (Mr. CICILLINE asked and was given f Mr. KUCINICH. Article I, section 8, permission to address the House for 1 clause 7 of the U.S. Constitution gives minute.) NEW PREVENTIVE SERVICES FOR Congress the responsibility to establish Mr. CICILLINE. Madam Speaker, WOMEN and ensure operations of the postal now is the time for Congress to stand (Mrs. CAPPS asked and was given service. Today, August 1, 2012, 234 years up for middle class families. I urge my permission to address the House for 1 after the Constitution was ratified, Republican colleagues to abandon their minute and to revise and extend her re- Congress is presiding over the disestab- plans to hold middle class tax cuts hos- marks.) lishment of the postal service. tage to their demands for another tax Mrs. CAPPS. Madam Speaker, I rise Today, a manufactured default cre- cut for millionaires and billionaires today to mark a key milestone in wom- ated by congressional legislation is and to pass a balanced tax plan, such en’s access to affordable health care pushing the postal service to the brink. as that contained in H.R. 15 that ex- services. Starting today, and thanks to Today, the postal service will not make tends tax cuts for 98 percent of all the health care reform law, women will a payment that it should have never Americans and 97 percent of small busi- have guaranteed access to a host of had to make in the first place to pay nesses. preventive services in new health care for prefunding 75 years of retiree If Congress fails to act, an estimated plans, without additional costs. These health benefits in 10 years. A manufac- 400,000 families in Rhode Island could benefits—including annual well-women tured default, encouraged by banks and face an average tax increase of $1,600. physicals, birth control coverage, and other interest groups, a move towards The Republican tax proposal will end screenings for domestic violence privatization of one of America’s most the expanded earned income tax credit among them—are a critical step to en- vital services. The Congress has a re- and expanded child tax credit and suring that all women get the care sponsibility to stand up. But here in eliminate the American opportunity they need to stay healthy and treat the USA under Citizens United, every- tax credit. In my State of Rhode Is- disease early. thing is up for auction, including the land, it’s estimated that more than Far too often, women put off needed postal service. 100,000 families would lose an average care because of the cost; but this new Wake up, America. Universal service of $1,000 in 2013 if the child tax credit coverage benefit makes some of these is on the line. Wake up, America, and expansion is allowed to expire. tough decisions a thing of the past, de- stand up for the Constitution, the The Republicans’ misguided plan cisions like whether to pay for treat- 575,000 postal service workers, and our would protect tax cuts for the wealthi- ment or to pay for groceries. obligation to the American people to est, while effectively raising taxes on As we celebrate this day, we must see to it that the postal service is res- 25 million lower- and middle-income also remember that these health care cued from those who want to push it Americans. I urge my colleagues to services continue to be politicized and into default or privatize it for their support a balanced plan that protects face many attacks. These attacks are own profit. the middle class, strengthens our small not only divisive but an intrusion into f businesses, and strengthens our econ- women’s private health decisions. We omy. must stand up to such partisan attacks HONORING THE SERVICE AND and support these important health SACRIFICE OF ADAM ROSS f care benefits and thus ensure that all BUFFALO-NIAGARA AND THE (Mr. GOWDY asked and was given women and their families have access URBAN AREA SECURITY INITIA- permission to address the House for 1 to affordable preventive care services. TIVE PROGRAM minute.) f Mr. GOWDY. Madam Speaker, I rise (Mr. HIGGINS asked and was given to say thank you to Adam Ross and his permission to address the House for 1 BRIGHT SPOTS IN COLORADO parents, Dudley and Amanda Ross, minute.) (Mr. PERLMUTTER asked and was from the Boiling Springs community in Mr. HIGGINS. Madam Speaker, on given permission to address the House Spartanburg, South Carolina. Adam Monday, I hosted a field hearing of the for 1 minute.) Ross has been described as a ‘‘well- Homeland Security Subcommittee on Mr. PERLMUTTER. Madam Speaker, mannered, good-spirited, and all- Counterterrorism and Intelligence, on it’s been a hard summer in Colorado, around good American boy.’’ When he which I serve as ranking member. This but we have a lot of bright spots. And left Spartanburg to follow in his fa- was an opportunity for the committee I want to focus on three today—one ther’s and his brother’s footsteps to go to hear from local officials on the deci- thing and two people.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13065 The ‘‘thing’’ is the patent office. In at Pennsylvania, where one of the Na- ceiling vote. So they formed a super- this country, we’ve had one patent of- tion’s strictest voter ID laws is on committee which they doomed to fail- fice. It’s been here in Washington, D.C. trial. The State can offer zero evidence ure when they refused to consider a And now we’re going to have three pat- that fraud has been committed. They balanced approach that included rev- ent offices across the country, and Col- can offer zero evidence that future enue and spending cuts. And now they orado got one of those. We’re going to fraud is likely. decry the impending $1.2 trillion cuts have a satellite patent office in Colo- So why would we require a voter ID they fashioned and voted for as a crisis rado, and that will help us continue when we know one in 10 voters doesn’t for national defense. This gives our innovative and entrepreneurial have ID? Why would we close early vot- chutzpah a bad name. spirit. ing sites or deny voters an absentee If Senators MCCAIN, GRAHAM, and Now, of the two people I would like ballot when they can’t make it to the AYOTTE want to resolve this crisis in to highlight, one is Chief Dan Oates. polls on election day? their town hall meetings—that they We had tremendous heroes in this re- Madam Speaker, the number of peo- helped create—join me in calling our cent tragedy that we had in Colorado. ple hurt by barriers to voting is clearly House Republican leadership to cancel But Chief Dan Oates and his leadership higher than the number of illegal votes the 5-week August recess and solve this of the Aurora Police Department were these methods purport to stop. So let’s solvable problem. fantastic, and I want to compliment quit fooling ourselves and let people f him on that. vote already. AMERICA NEEDS A FARM BILL Now, the last person I want to high- f (Mr. WELCH asked and was given light, who is a bright spot and will permission to address the House for 1 keep getting brighter, is Missy Frank- b 1220 minute and to revise and extend his re- lin who has won a bronze medal and a WOMEN’S HEALTH marks.) gold medal in swimming. And she is (Ms. BONAMICI asked and was given Mr. WELCH. Madam Speaker, Amer- going to win a lot more. ica needs a farm bill. America needs a So even though we’ve had a tough permission to address the House for 1 minute.) farm bill. Our ranchers, our agricul- summer, there are a lot of bright tural conservation districts, our dairy things and a lot of bright people in Col- Ms. BONAMICI. Madam Speaker, this is an important day for women across farmers, our commodity farmers need orado, and it’s going to be better from and deserve a farm bill. It was passed here on out. this great country. Starting today, all new health insurance plans will include by the Senate. It was passed by the f coverage for important preventive House Agriculture Committee in a JOE BACA MIDDLE SCHOOL health care for women. Many have strong bipartisan vote. But for the first time, literally the first time in the his- (Mr. BACA asked and was given per- looked forward to this date since the tory of this country, a farm bill passed mission to address the House for 1 passage of the Affordable Care Act, and by the Agriculture Committee is not minute.) I’m thrilled that it’s finally here. being allowed to come to the floor. Mr. BACA. Madam Speaker, this Starting today, women across the country will have access to essential There’s no excuse for that. Monday, Colton Joint Unified School Is it a hard job? Yes. But is that an District held a dedication ceremony for preventive health care without copay- ments or deductibles. Women who were excuse for Congress to duck its respon- the new Joe Baca Middle School in sibility? No. Are there contentious Bloomington, California. Next week, effectively barred from these services because of the cost will now be able to issues? Yes. 800 students from the surrounding com- Some on the other side want to cut munities in Bloomington and Rialto receive annual visits, testing for diseases like HPV and HIV, breast feeding commodity programs. Give them a will begin to attend classes there. shot. Let them bring an amendment. I am truly humbled to receive this support and education, domestic violence counseling, and contraceptives. My colleague, ROSA DELAURO, thinks distinguished honor, and I thank the we ought to restore all funding for nu- Colton Joint Unified School District. I This is an important step in lowering our country’s health care costs and trition. I agree. Give her a shot. want to especially recognize Super- Congress must do its job. It must making sure that women have suffi- intendent Jerry Almendarez; all of the bring a farm bill to the floor for a vote cient access to preventive health care. school board members of the Colton so that each and every one of us is held In my home State of Oregon, there Joint Unified School District; Ignacio to account to our constituents. Gomez, whose beautiful artwork will be are more than 633,000—and 47 million f displayed at the school; and Congress- across the country—who are going to man GARY MILLER for his bipartisan benefit from this change. These are WOMEN’S PREVENTIVE HEALTH support. women who had unintended preg- (Ms. DELAURO asked and was given Growing up the youngest of 15 chil- nancies because they couldn’t access permission to address the House for 1 dren in a poor household, I never would contraceptives. These are women who minute and to revise and extend her re- imagine that one day I would have a avoided going to the doctor because marks.) school named in my honor. I never they didn’t have the money, only to Ms. DELAURO. Madam Speaker, 26 thought I would live to see this day. end up in the emergency room. And years ago, I was diagnosed with ovar- Again, I want to thank everyone in- these are women whose pregnancies ian cancer. I was lucky. I had excellent volved and give a special thank you to were endangered because of lack of pre- doctors. They detected the cancer by my family for their continued love and natal care. Today this changes. Now all chance in stage I. If my cancer had not support. women can take control of their been caught early, I might not be f health. speaking to you today. Many women f are not so lucky because they have LET PEOPLE VOTE ALREADY never had access to preventive health (Mrs. DAVIS of California asked and SEQUESTRATION care. was given permission to address the (Mr. CONNOLLY of Virginia asked That is why I am so pleased to see House for 1 minute.) and was given permission to address that today, thanks to the Affordable Mrs. DAVIS of California. Madam the House for 1 minute.) Care Act, more lifesaving preventive Speaker, our democracy flourishes Mr. CONNOLLY of Virginia. Madam services will begin to be covered for when every citizen who wants to, Speaker, sequestration—that’s the bo- women all over the country. Last year, votes—but just once. And luckily, geyman Republicans created last year 54 million Americans with private there’s just not much evidence that when they refused, for the first time in health insurance gained access to pre- anyone’s voting more than once. Look American history, to allow a clean debt ventive services without cost sharing,

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13066 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 including over 700,000 in my State of dollars worth of savings because the HOUSE OF REPRESENTATIVES, Connecticut. Affordable Care Act was passed by Con- Washington, DC, August 1, 2012. Starting today, 47 million American gress and signed by the President of Hon. JOHN BOEHNER, women, including over 600,000 Con- the United States. Speaker, House of Representatives, The Capitol, Yes, President Obama does care. And Washington, DC. necticut women, will now have access MR. SPEAKER, I hereby announce my res- to well-women visits, screenings for yes, American women win. ignation, effective immediately, from the gestational diabetes, HPV and HIV, f House Committee on Budget. Should you contraception, and counseling and sup- MIDDLE CLASS TAX CUTS have any questions please contact my Chief port for STIs, breast feeding, and for of Staff. domestic violence. (Mr. COHEN asked and was given per- Sincerely, A report in 2009 found that more than mission to address the House for 1 FRANK GUINTA, half of American women delayed or minute.) Member of Congress. Mr. COHEN. Madam Speaker, today avoided necessary care because they the House will take up a bill on the HOUSE OF REPRESENTATIVES, could not afford it. This is why we Bush tax cuts. The Republicans want Washington, DC, August 1, 2012. passed the Affordable Care Act. to extend the Bush tax cuts to every- Hon. JOHN BOEHNER, Let’s help Americans get quality body, but tax 25 million Americans by Speaker, House of Representatives, The Capitol, care. Let’s save lives. Washington, DC. not extending certain credits that they f MR. SPEAKER, I hereby announce my res- get right now. The Democratic pro- ignation, effective immediately, from the MIDDLE CLASS TAX CUTS posal, which I will support and which House Committee on Oversight and Govern- (Ms. MCCOLLUM asked and was I’m here for today, despite the fact ment Reform. Should you have any ques- given permission to address the House that my election is tomorrow, will ex- tions please contact my Chief of Staff. Sincerely, for 1 minute.) tend tax cuts to everybody and raise taxes somewhat on people who make FRANK GUINTA, Ms. MCCOLLUM. Madam Speaker, Member of Congress. House Democrats and President Obama over $200,000 individual and $250,000 The SPEAKER pro tempore. Without are fighting for families by working to married. Those people still get a tax objection, the resignations are accept- extend middle class tax cuts that will cut, but just not as much. ed. benefit 98 percent of Americans. Our Madam Speaker, 93 percent of the in- There was no objection. plan will put $2,200 in the pockets of an come growth in the last decade went to average family next year. That’s the top 1 percent. That’s the people f who can afford to pay more taxes. And money that can be spent by your fam- b 1220 ily on your family’s needs. That money the fact is, to deal with the deficit, will help Minnesota businesses grow we’ve got to have both income and cuts ELECTING A MEMBER TO A CER- and hire employees in St. Paul, Rose- to wasteful spending. TAIN STANDING COMMITTEE OF Republicans and Democrats have ville, and Oakdale. THE HOUSE OF REPRESENTA- agreed. Economists Paul Krugman and But House Republicans refuse to ex- TIVES Joseph Stiglitz have called on both rev- tend tax cuts for the middle class un- Mr. SCOTT of South Carolina. Mr. enue and cuts. And so have Martin less millionaires and billionaires get an Speaker, by direction of the House Re- Feldstein, an adviser to President extra tax cut. It’s wrong to borrow $50 publican Conference, I send to the desk Reagan, and Hank Paulson, Treasury billion from China so millionaires and a privileged resolution and ask for its Secretary to President Bush. So did billionaires can get an extra tax cut of immediate consideration in the House. Simpson-Bowles. They’ve all said you $160,000. The Clerk read the resolution, as fol- need both revenue and cuts. That’s The Bush tax cuts for the super- lows: what President Clinton recommended wealthy built a mountain of debt and in 1993, the Democrats supported, and H. RES. 751 failed to strengthen the economy. The we had a surplus—wasted on Bush tax Resolved, That the following named Mem- Bush years proved that the Republican cuts. ber be, and is hereby, elected to the fol- love affair with tax cuts for the super- I urge support for middle class tax lowing standing committee of the House of Representatives: wealthy are a wasteful handout. They cuts. failed to create jobs. COMMITTEE ON FINANCIAL SERVICES.—Mr. The American economy is strong f Guinta. when the American middle class is RESIGNATIONS AS MEMBER OF The resolution was agreed to. strong. I urge my colleagues to vote for COMMITTEE ON TRANSPOR- A motion to reconsider was laid on the Democrats’ middle class tax cuts. TATION AND INFRASTRUCTURE, the table. f COMMITTEE ON THE BUDGET, f AND COMMITTEE ON OVERSIGHT AMERICAN WOMEN WIN AND GOVERNMENT REFORM PROVIDING FOR CONSIDERATION OF H.R. 6169, PATHWAY TO JOB (Ms. SPEIER asked and was given The SPEAKER pro tempore laid be- permission to address the House for 1 CREATION THROUGH A SIMPLER, fore the House the following resigna- FAIRER TAX CODE ACT OF 2012; minute and to revise and extend her re- tions as a member of the Committee on marks.) PROVIDING FOR CONSIDERATION Transportation and Infrastructure, OF H.R. 8, JOB PROTECTION AND Ms. SPEIER. Madam Speaker, today Committee on the Budget, and Com- American women win. Congress has fi- RECESSION PREVENTION ACT OF mittee on Oversight and Government 2012; PROVIDING FOR PRO- nally done something right. No more Reform: copays for contraception. No more CEEDINGS FROM AUGUST 3, 2012, HOUSE OF REPRESENTATIVES, THROUGH SEPTEMBER 7, 2012; copays for mammograms. No more Washington, DC, August 1, 2012. copays for well-women visits. No more PROVIDING FOR CONSIDERATION Hon. JOHN BOEHNER, OF MOTIONS TO SUSPEND THE copays for diabetes screening, DV Speaker, House of Representatives, The Capitol, counseling, HPV DNA testing, or HIV Washington, DC. RULES; AND WAIVING REQUIRE- screening. MR. SPEAKER, I hereby announce my res- MENT OF CLAUSE 6(a) OF RULE So what does that mean to women in ignation, effective immediately, from the XIII WITH RESPECT TO CONSID- America? House Committee on Transportation and In- ERATION OF CERTAIN RESOLU- frastructure. Should you have any questions TIONS Women in America today are saving please contact my Chief of Staff. money. For contraception alone, Sincerely, Mr. SCOTT of South Carolina. they’ll save $400 to $600 a year. For all FRANK GUINTA, Madam Speaker, by direction of the women in this country, it’s a billion Member of Congress. Committee on Rules, I call up House

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13067 Resolution 747 and ask for its imme- SEC. 5. Each day during the period ad- old. His wife is 67 years old and on diate consideration. dressed by section 3 of this resolution shall Medicare. Joe doesn’t make $250,000, The Clerk read the resolution, as fol- not constitute a calendar day for purposes of Joe doesn’t make $200,000, not even lows: section 7 of the War Powers Resolution (50 $150,000 or $100,000, but Joe does have U.S.C. 1546). dividend income, like 9 million seniors H. RES. 747 SEC. 6. Each day during the period ad- Resolved, That upon the adoption of this dressed by section 3 of this resolution shall around this Nation who have dividend resolution it shall be in order to consider in not constitute a legislative day for purposes income. the House the bill (H.R. 6169) to provide for of clause 7 of rule XIII. And here is the interesting fact, expedited consideration of a bill providing SEC. 7. Each day during the period ad- Madam Speaker, when we hear the left for comprehensive tax reform. All points of dressed by section 3 of this resolution shall talk about taxing the millionaires and order against consideration of the bill are not constitute a calendar or legislative day the billionaires, here is the new defini- waived. The bill shall be considered as read. for purposes of clause 7(c)(1) of rule XXII. tion: of those 9 million seniors who All points of order against provisions in the SEC. 8. It shall be in order at any time on have dividend income, 68 percent of bill are waived. The previous question shall the legislative day of August 2, 2012, for the them have an income of less than be considered as ordered on the bill and on Speaker to entertain motions that the House any amendment thereto to final passage suspend the rules as though under clause 1 of $100,000, 40 percent have an income of without intervening motion except: (1) one rule XV. less than $50,000. But my friends on the hour of debate on the bill equally divided and SEC. 9. The requirement of clause 6(a) of left would categorize these folks as a controlled by the chair and ranking minority rule XIII for a two-thirds vote to consider a member of the rich, with their tax cuts member of the Committee on Rules; (2) two report from the Committee on Rules on the being expired at the end of this year. hours of debate on the subject of reforming same day it is presented to the House is We are looking at an increase in the the Internal Revenue Code of 1986 equally di- waived with respect to any resolution re- dividend tax rate of 185 percent for mil- vided and controlled by the chair and rank- ported through the legislative day of August lions of Americans who are on fixed in- ing minority member of the Committee on 2, 2012. comes. These folks aren’t rich. They Ways and Means; (3) the amendment in the The SPEAKER pro tempore. The gen- depend on their dividend income, and nature of a substitute printed in part A of tleman from South Carolina is recog- the report of the Committee on Rules accom- yes, with the actions of the left, we panying this resolution, if offered by Rep- nized for 1 hour. would see their dividend income tax re- resentative Slaughter of New York or her Mr. SCOTT of South Carolina. sponsibility and burden go up by 185 designee, which shall be in order without Madam Speaker, for the purpose of de- percent. This is definitely not right. It intervention of any point of order, shall be bate only, I yield the customary 30 is definitely wrong. considered as read, and shall be separately minutes to the gentlewoman from New Now this is on top of all the new debatable for 20 minutes equally divided and York (Ms. SLAUGHTER), pending which I taxes that we find as a part of the Af- controlled by the proponent and an oppo- yield myself such time as I may con- fordable Care Act, another $804 billion nent; and (4) one motion to recommit with or sume. During consideration of this res- of new taxes on Americans throughout without instructions. this Nation. And in addition to that, SEC. 2. Upon adoption of this resolution it olution, all time yielded is for the pur- shall be in order to consider in the House the pose of debate only. Madam Speaker, under their proposal, bill (H.R. 8) to extend certain tax relief pro- GENERAL LEAVE we see the death tax going from 35 per- visions enacted in 2001 and 2003, and for other Mr. SCOTT of South Carolina. cent with a $5 million elimination to 55 purposes. All points of order against consid- Madam Speaker, I ask unanimous con- percent. And for farmers, folks in agri- eration of the bill are waived. The bill shall sent that all Members have 5 legisla- culture, and for small businessowners, be considered as read. All points of order tive days to revise and extend their re- their wealth is not liquid. You would against provisions in the bill are waived. The have to sell your land to pay these previous question shall be considered as or- marks. The SPEAKER pro tempore. Is there taxes. It’s what we call a ‘‘fire sale.’’ dered on the bill and on any amendment So my friends on the left would pun- thereto to final passage without intervening objection to the request of the gen- motion except: (1) one hour of debate equally tleman from South Carolina? ish people who work all their lives and divided and controlled by the chair and rank- There was no objection. come up with wealth to pass on to the ing minority member of the Committee on Mr. SCOTT of South Carolina. House next generation. But in this instance Ways and Means; (2) the amendment in the Resolution 747 provides for a struc- the taxes would go up significantly. nature of a substitute printed in part B of And that’s wrong. the report of the Committee on Rules accom- tured rule for consideration of H.R. 8, a panying this resolution, if offered by Rep- bill to extend the current tax rates for b 1240 resentative Levin of Michigan or his des- all Americans for 1 year; a structured In spite of the results of all the sur- ignee, which shall be in order without inter- rule for consideration of H.R. 6169, veys—yesterday we had a survey done vention of any point of order, shall be con- which provides a legislative path for in my district that said that 61 percent sidered as read, and shall be separately de- true tax reform; and for other tools al- of folks would like to see the 2001 and batable for 20 minutes equally divided and lowing the House to finish its business 2003—and, oh, by the way, 85 Members controlled by the proponent and an oppo- and continue to operate during the Au- nent; and (3) one motion to recommit with or of the Democrats voted for these exact without instructions. gust district work period. same tax cuts to stay in place in 2010. SEC. 3. On any legislative day during the Madam Speaker, I rise today in sup- It was good in 2010; it’s still good right period from August 3, 2012, through Sep- port of this rule and the underlying now. Sixty-one percent of folks say tember 7, 2012,— bill. let’s extend these tax cuts for all (a) the Journal of the proceedings of the Madam Speaker, why are we here Americans, and let’s keep those 710,000 previous day shall be considered as approved; today? My friends on the left will tell Americans who would lose their jobs (b) the Chair may at any time declare the you that we are here today to discuss employed. House adjourned to meet at a date and time, the issue of fairness in our Tax Code. I within the limits of clause 4, section 5, arti- But in addition to that, the environ- cle I of the Constitution, to be announced by would agree. America is the land of opment that we’re working in right now the Chair in declaring the adjournment; and portunity. We believe that the worst matters; it matters significantly. Be- (c) bills and resolutions introduced during possible thing you can do during a frag- cause we have over 41 months—over 41 the period addressed by this section shall be ile recovery—that feels like a recession months, Madam Speaker—of unem- numbered, listed in the Congressional to me—is to increase taxes. Why? Be- ployment over 8 percent. It’s dev- Record, and when printed shall bear the date cause by increasing taxes, we jeop- astating. It’s devastating, Madam of introduction, but may be referred by the ardize another 710,000 jobs, according Speaker. Speaker at a later time. to the experts, 710,000 jobs. Madam Speaker, I hope all of my col- SEC. 4. The Speaker may appoint Members to perform the duties of the Chair for the du- One of those jobs could be held by leagues will come together here today ration of the period addressed by section 3 of one of my constituents, a friend of and realize that the time for political this resolution as though under clause 8(a) of mine named Joe Stringer. Joe Stringer points should be over; that my col- rule I. is a middle class American, 62 years leagues would come together today and

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13068 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 realize that the time for trying to di- that saw the creation of the middle those who work hard and play by the vide Americans is over; that we would class and the realization of the Amer- rules—not just the wealthy who lobby come together today, Madam Speaker, ican Dream—top income tax rates hard and rewrite the rules. We can do and realize that the time for punishing often reached levels we wouldn’t even that by passing a simple and fair tax success is over. dream of today. But despite these tax cut for the middle class today. In many ways, Madam Speaker, in rates, we saw incredible economic Unlike the proposal from the major- many ways this debate today is about growth and the creation of the strong- ity, the Democratic proposal to cut the very soul of who we are as Ameri- est middle class on Earth. taxes for the middle class is something cans: Are we going to lift everyone up The middle class grew, in part, be- that both sides already agree on. The as one Nation, or are we going to push cause we did not allow the most suc- majority’s strategy of holding middle some down to bring everyone some- cessful members of our society to class tax cuts hostage in exchange for where in the fuzzy middle in some mis- dodge their responsibility as American tax cuts for the top 2 percent is out- guided attempt to redefine fairness? taxpayers. In years since, we’ve wit- rageous, and it must end. Are we going to let the foundation of nessed a purposeful and concerted ef- Far too often, the majority has pur- this Nation continue to crack, or are fort by some to undermine the notion sued a partisan and zero-sum ideology we going to strengthen it for another of shared responsibility, which this that has led this Congress down dead- 200 years? government was based on. In years end roads. We’ve seen it over and over again, whether it’s the majority’s pro- We encourage—I encourage—success since, we’ve witnessed a purposeful and posal to end Medicare as we know it, or in this Nation. We have to ensure our concerted effort to undermine that. their inability to avoid a downgrade— children can learn about America the Starting with Reaganomics in the the first in our Nation’s history—in our same way all of us learned about the 1980s, a new theory pervaded American credit. Unfortunately, their proposal land of opportunity. That’s fairness politics—a belief that our focus should today is yet another partisan piece of that I believe in. really be on helping corporations and legislation that will never become law. Once again, Madam Speaker, I rise in the wealthy in hopes that they might Indeed, the President has already said support of this rule and the underlying in return help some of us. that he will veto the majority’s pro- legislation. I encourage my colleagues Many on the other side of the aisle posal if it ever reaches his desk. to vote ‘‘yes’’ on the rule, ‘‘yes’’ on the subscribed to this idea and believed When faced with these two starkly underlying bill, and I reserve the bal- that by providing for the powerful in- different proposals—one, a non- ance of my time. terests first, success would trickle controversial and commonsense tax cut Ms. SLAUGHTER. I thank my col- down onto the middle class. What we for the middle class; the other, a par- league for yielding me the time, and I now know is the theory is simply not tisan tax cut to benefit the richest 2 yield myself such time as I may con- true. Today, America is increasingly percent—it’s clear what we should do. sume. unequal, millions of jobs have been I urge my colleagues to provide a fair Madam Speaker, under the rule be- shipped overseas, and the middle class and simple tax cut to all Americans— fore us today, we will choose between has been gutted. These results are because the rich will benefit too—while two starkly different visions for Amer- strong evidence that trickle-down eco- standing up for the financial security ica. My Democratic colleagues and I nomics have completely and utterly and prosperity of the middle class. Why are proposing a simple and fair tax cut failed. would we continue a program we know for the middle class. This proposal has In 2001, President Bush proposed a se- has failed? already passed the Senate. If passed by ries of unpaid-for tax cuts that ex- I reserve the balance of my time. the House, the legislation could quick- ploded our deficit and put millions of Mr. SCOTT of South Carolina. ly become law. Our tax cut is based dollars directly into the pockets of the Madam Speaker, I just want to make upon a simple premise—that it is time richest families in America, and that’s sure that I note once again, reinforce for the wealthy and corporations to where we are today. At the same time, the fact, that this 1-year extension pay their fair share—no more. Their President Bush claimed that these tax that we are suggesting on the right is fair share. cuts would create jobs. And Vice Presi- in fact an extension of not only the Unfortunately, despite agreeing with dent Cheney told us not to worry about 2001 and 2003 tax cuts, but also the tax the tax cuts proposed in our bill, our the cost to our Nation because ‘‘defi- cuts that passed this House in 2010 in a colleagues on the other side of the aisle cits don’t matter.’’ A decade later, we bipartisan fashion. are standing in the way of the tax cut can see that President Bush and Vice There is no doubt that an action not becoming law. Instead of passing a President Cheney couldn’t have been to extend these tax cuts is actually in- commonsense tax cut, the majority is more wrong. creasing taxes on many people in this demanding that any tax cut for the Under President Bush, our deficit ex- Nation. middle class be accompanied by an ad- ploded to record levels; and according b 1250 ditional tax cut for the richest 2 per- to FactCheck.org, he created only 1.1 And, in fact, if we do extend these cent. Their proposal is based upon the million jobs. In contrast, President tax cuts, what we are actually doing is disproved theory of trickle-down eco- Clinton erased our deficit through a allowing current tax law to stay in nomics—a failed economic theory that balanced tax plan and created 23 mil- place. But if we don’t do that we are has led to record inequality and a bro- lion jobs—quite a difference—which talking about 9 million seniors, 68 per- ken Tax Code that is riddled with loop- brings us back to the legislation that cent of whom make less than $100,000, holes and giveaways to the wealthy. we are considering today. seeing their dividend income go up in For decades, our tax system has been Today, the majority proposes that we taxation by 185 percent. That’s the tilted in favor of the wealthy and big continue failed policies by extending middle class. corporations—a rigged system that the Bush tax cuts for the richest 2 per- We’re talking about how the mar- isn’t working for most Americans. As cent. Doing so, Madam Speaker, would riage penalty will place a $591 higher just one example, between 2008 and cost us nearly $1 trillion over the next tax on over 88 million families. That’s 2010, 30 profitable Fortune 500 compa- 10 years, it would force us to continue the middle class. We’re talking about a nies paid absolutely nothing in Federal borrowing billions of dollars from reduction in the child tax credit that taxes, and many more companies and China, and would force us to make cuts will pose a $1,028 tax hike on 31 million wealthy individuals avoid paying taxes in vital programs like Medicare and families. This looks like to me that my by sheltering the money in bank ac- student loans. friends on the left are willing to tax counts overseas. To continue the failed status quo is a the middle class and the poor. This stands in sharp contrast to disservice to the American people that Madam Speaker, I yield 4 minutes to other moments in American history. In we represent. It is high time that we the gentleman from South Carolina, the 1950s, 1960s, 1970s—a 30-year period start making our Tax Code fair for Mr. TREY GOWDY.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13069 Mr. GOWDY. Madam Speaker, I want So let’s try the politics of bringing for the working poor and for the middle to thank my good friend and colleague, people down and perpetuating this class to end next year. TIM SCOTT. And I was in rapt attention myth that somehow pulling other peo- The Washington Post said, and I when he was talking. It was almost as ple down makes me taller. Let’s pit one quote, ‘‘Republicans want to raise if he stole my thoughts. But I don’t group of Americans against another taxes on the poor. Why?’’ mind because he’s a member of the group. Why indeed. In order to pay for an freshman class. Madam Speaker, the economy is still over $160,000 tax break for millionaires. And many of us in the freshman struggling. Heavens knows it is. People The plan would slash the Child Tax class, Madam Speaker, we weren’t here are suffering. Credit, taking an average of $854 away in December of 2010 when this body last If you want economic growth, why in from nearly 9 million families, pushing decided to extend the tax cuts for all the world are you talking about taking 2 million children back into poverty. Americans, not some of them, but all more money from people, even if you The SPEAKER pro tempore. The Americans, 18 months ago. So you can don’t think they built it? time of the gentlewoman has expired. imagine, Madam Speaker, how in- What has changed in the last 18 Ms. SLAUGHTER. I yield the gentle- trigued we are by the debate on the months other than the vicissitudes of a woman another minute. other side. political cycle, Madam Speaker? Ms. DELAURO. It weakens the We’re also intrigued at the number of And then I got to thinking, while Earned Income Tax Credit, which kept our colleagues who, not 18 months ago, Congressman SCOTT was talking, let’s 8.3 million people out of poverty last decided it would be bad economics to assume for the sake of argument, year—this as poverty rates head to- raise taxes on any American, which Madam Speaker, that we do what they wards the highest levels in nearly half leads me to wonder, were the rules not want us to do. Go ahead and raise it to a century. We all know there’s a better way for- fair 18 months ago? I know that’s the 39 percent. It may be 39 this time. How ward. The Senate has passed a plan, campaign slogan, that everybody has about 50? If you didn’t build it, how supported by the President, which cuts to play by the rules and everybody about take half of it? should pay their fair share. What about 60 percent, Madam taxes for 98 percent of Americans, 97 Were the rules not fair 18 months Speaker? If you didn’t build it, take 60 percent of small businesses in the ago? Was everybody not paying their percent of it. Where does it stop? country. Rather than holding tax relief fair share 18 months ago? Because The SPEAKER pro tempore. The for the vast majority of American fam- heaven knows they voted for it 18 time of the gentleman has expired. ilies and small businesses hostage to months ago. Which got me wondering, Mr. SCOTT of South Carolina. I yield more tax cuts for the wealthiest 2 per- Madam Speaker, what’s different today the gentleman an additional 1 minute. cent, let us take up that Senate bill. I urge my colleagues to vote against than it was 18 months ago? Mr. GOWDY. What the Democrats the rule and this Republican Reverse Well, maybe the economy’s better want to do, Madam Speaker, is bad Robin Hood tax plan, and support tax off. Maybe that’s the explanation. And citizenship. It is bad economics. It is relief for the middle class. then I saw, well, gas prices are higher bad for our fellow Americans. It re- Mr. SCOTT of South Carolina. and milk prices are higher and bread mains to be seen if it’s good election- Madam Speaker, I just want to make prices are higher and inflation is high- eering or not. That remains to be seen. sure that we remember the facts as er, which is the most insidious of all But duplicity is duplicity, no matter they are. There’s no reason for us to so taxes, and people’s purchasing power is what the calendar says. quickly revise history to meet our po- down. So, no, that couldn’t be why Ms. SLAUGHTER. Madam Speaker, I litical objectives. they changed their minds. It can’t be am pleased to yield 2 minutes to the In 2010, this House, controlled by the because people are better off, because gentlewoman from Connecticut (Ms. Democrats, the Senate, controlled by they’re not. DELAURO). the Democrats, and the White House, So then I thought, Madam Speaker, Ms. DELAURO. I would just like to controlled by the Democrats, passed well, maybe it’s because government remind the previous speaker that 18 the 2001 and 2003 Bush tax cuts. So has become a better steward of the tax months ago there was a Republican what we’re talking about is a bipar- dollars that we do give them. Maybe majority in this House that made a de- tisan piece of legislation that would government’s spending the money bet- termination to bring this Nation to its continue the current tax law because ter. And then I thought, well, no, we’ve knees and to shut down the govern- the previous Congress, in a bipartisan had Solyndra and we’ve had Abound, ment because they would not raise a fashion, decided that tax cuts were and we’ve had a failed stimulus plan, debt ceiling and were holding the gov- good for all Americans. And now we and we’ve had a GSA scandal, so no, it ernment hostage and the Nation hos- find ourselves, as Mr. GOWDY said, in tage. couldn’t possibly be that we’re spend- the midst of a political season. ing the money wiser. And quite frankly, that’s what Madam Speaker, I yield 2 minutes to So why in the world, Madam Speak- they’re doing again today. And this the gentleman from Florida, Mr. RICH er, would so many of our colleagues time, it is about tax relief for working NUGENT, the sheriff. who just 18 months ago thought the families and for middle class families. rules were just fine and that 35 percent The duplicity is on the other side of b 1300 was enough to pay, why in the world the aisle, which always is trying to Mr. NUGENT. Madam Speaker, I would they change their mind in the bring this body and this country to the want to thank my good friend and fel- course of just 18 months? precipice. low Rules Committee member TIM And then it dawned on me, Madam I rise in opposition to the House ma- SCOTT for allowing me to speak on this Speaker. It dawned on me while I was jority’s tax plan. What it would do is very important issue. listening to the President tell our fel- raise taxes on 25 million middle class This rule does something that is dec- low Americans you didn’t build that, and working families, people with in- ades overdue. It puts the Nation on a and promising more flexibility in a sec- comes below $250,000. Their taxes would path to comprehensive tax reform. ond term, that we’re in the middle of a go up by $1,000 each. Achieving a fairer, simpler Tax Code reelection campaign. It dawned on me, Why? In order to give another tax isn’t an easy goal, which is why we are no, the economy’s not better, and no, break to the rich. considering today and tomorrow a government’s not spending its money The New York Times article just a multi-step process. First, we need to better, but I have to have something to few days ago said the Republicans will extend the current tax rate. This ex- run on, so I’m going to pit one group of press to extend tax cuts for affluent tension gives us a bridge, the time we Americans against another group of families scheduled to expire on Janu- need, to dig into the Tax Code and find Americans, because God knows I can’t ary 1. But the same Republican tax a way to make it work for all Ameri- run on my record. plan would allow a series of tax cuts cans, not just some. Perhaps even more

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13070 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 importantly, it stops the largest tax The SPEAKER pro tempore. The Republican colleagues, when they talk hike in history. It’s worth repeating: time of the gentleman has again ex- about the largest tax increase in Amer- the largest tax hike in history. pired. ican history, is when you put the Re- Madam Speaker, this tax increase Mr. SCOTT of South Carolina. I yield publican-Romney bill in effect. If you would threaten more than 700,000 the gentleman another minute. are going to have that massive cut for American jobs, and for those folks Mr. NUGENT. This is such an impor- the wealthiest of Americans, the only lucky enough not to lose their jobs, it tant issue, Madam Speaker. This is way you can make that deficit-neutral could very well lead to lower wages for about the future of America. This is is by raising taxes on the other 95 per- them. If we don’t act, the Democrats’ about how we move forward. cent. And you can quibble with some of tax increase will hit 53 percent—more Ways and Means has had 20 com- the assumptions of the various inde- than half—of all American small busi- mittee hearings already on this issue. pendent experts, but they all agree: if ness income. One of my favorites was on the Fair you’re going to give people who make When I brought these small busi- Tax, which is what we are talking over $1 million an average of more than nesses up at the Rules Committee last about as we move forward—the ability $100,000 in annual relief, you are going night, my colleagues on the other side of the American people to hear debate to be raising taxes on the 95 percent of of the aisle responded to me and my on this floor and in committee sessions the rest of America. questions by coming back with statis- through an open process in which we That’s not right. It’s not necessary. tics, things that don’t really matter can amend laws or legislation that is There are better alternatives, and much to anybody. Yet, when I talked going to come forward to this House. It you’re going to hear it in the form of about small businesses in my district— is also the ability to get input from all the Democratic alternative that’s those folks making over $200,000 who of us—Democrats and Republicans going to come forth later this after- are going to be impacted by this in- alike—because it really is about where noon. crease on taxes—it related to actual we are heading as a Nation. Mr. SCOTT of South Carolina. I yield jobs, what they can create and what We talk about job creation. This is 3 minutes to the gentleman from Geor- they may have to cut back on. These about job creation. This is about sus- gia and my colleague on the Rules are real people, not some statistics taining the current jobs that we have Committee, Mr. ROB WOODALL. that somebody in some Washington and about allowing American busi- Mr. WOODALL. I thank my colleague think tank came up with. These are nesses and entrepreneurs to create from South Carolina for yielding me real people, real job creators in Amer- more jobs. It’s not some crazy idea. the time. ica. We are talking now about stifling This is real America. These are busi- I don’t actually have the words for that at a time when job growth in nesses in my district. this debate, so I had to bring some- America is anemic at best. Ms. SLAUGHTER. The real issue thing with me, Madam Speaker. What I My fellow speakers earlier talked here today is: Are we going to continue brought are the very words that Presi- about just that issue in regards to what something that we know utterly failed? dent Obama spoke from right here be- has changed. More than 10 years ago, this deal was hind me in his State of the Union ad- The SPEAKER pro tempore. The made with corporations that we would dress in 2011. As you’ll remember, we time of the gentleman has expired. cut the tax rate and that they would had just done this thing that we had all Mr. SCOTT of South Carolina. I yield produce jobs. We didn’t get the jobs. agreed on. I say ‘‘we.’’ My colleague the gentleman an additional 30 sec- Half of it didn’t work. Why would a from South Carolina and I were not in onds. country as intelligent as ours want to Congress at the time. ‘‘You.’’ This Mr. NUGENT. What has changed in continue that failed policy? We are at a thing that you agreed on with the America since that increase, or the critical crossroads here, and we had President and with the Senate to not 2001–2003 tax decrease, was passed by better this time get it right. raise taxes on job creators, why did the democratically-controlled Congress In that regard, I am pleased to yield you agree on that? Let’s look and see in 2010? What has changed? 2 minutes to the gentleman from Or- what the President said. You heard from my good friend Mr. egon (Mr. BLUMENAUER), a member of He said: GOWDY that nothing has changed. Now the Committee on Ways and Means. We measure progress by the success of our we are going to look at those job cre- Mr. BLUMENAUER. I appreciate the people—by the jobs they can find and the ators—and let’s slap them again. Let’s gentlelady’s courtesy. quality of the jobs they can find. Opportuni- take away the certainty for the people. She had it exactly right. We’ve gone ties for a better life that we pass on to our down this path. We had an opportunity children, that’s a project the American peo- We have almost 11 percent unemploy- ple want us to work on together. We did that ment in my district, so now we are for us to see how effective the Bush tax in December. going to crush them again by taxing cuts were in creating employment in He was talking about when we came those job creators and by putting jobs America versus those high rates in the together to prevent the largest tax in- out of the reach of real Americans. Clinton era, a couple of percentage crease in American history from im- The SPEAKER pro tempore. The points higher. Look at the job creation: pacting Americans and the jobs they time of the gentleman has again ex- 22 million jobs in the Clinton years were seeking. pired. when we were actually balancing the Here is what he said: Mr. SCOTT of South Carolina. I yield budget for 4 years in a row, reducing We did that in December. Thanks to the the gentleman another 30 seconds. the deficit, versus anemic job creation tax cuts that we passed, Americans’ pay- Mr. NUGENT. I thank my friend. in the Bush administration that was checks are bigger today. Businesses can H.R. 8 will prevent real hardworking less than 5 percent of that. write off the full cost of investments, and Americans from getting hit with his- We’ve tried it their way. these steps taken by Democrats and Repub- tory’s largest tax increase. We have an With all due respect, it’s really hard licans will grow the economy and add more obligation to make sure that we do to characterize what happened in 2010 than 1 million private sector jobs. this. If we extend it for a year, it gives as bipartisan legislation. The Repub- That’s why Ernst & Young says doing us the opportunity. It has been decades licans in the Senate refused to legis- what the Democrats propose to do is since we have had real tax reform. The late. It was going to be that all the tax going to kill 700,000 jobs. It’s because, Ways and Means Committee, through relief expired. A consensus was as the President said, doing what we regular order, has the opportunity to reached. A compromise was made to all agreed on—doing what we are pro- have input from both Democrats and extend it. Hopefully, we could have posing to do here today—added 1 mil- Republicans alike—experts in the worked things out, but we didn’t. We’re lion jobs. That was from the Presi- field—to talk about how we craft tax now right back in the same spot. dent’s address in 2011. policies that are going to carry us I would respectfully suggest that He went on. He talked about the pa- through the next decade. what we are looking at now with my rade of lobbyists who have rigged the

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13071 Tax Code to benefit particular compa- we agree on and do them, and set aside it. Some, as illustrated below, are members nies and industries. the things in which we disagree and of the U.S. military and their families. He says: argue about them later. But let’s agree The competing Democratic proposal, which has already passed the Senate (S. 3412/H.R. Those with accountants and lawyers can on the things we can do and get them 15), extends all income tax cuts for the 98 work the system and pay no taxes at all, but done. percent of families with incomes under the rest are hit with one of the highest cor- I think virtually every Member of $250,000 ($200,000 for singles), including these porate tax rates in the world. It makes no this Chamber agrees that if a family tax credits in their current forms. sense, and it has to change. makes less than a quarter of a million Below are three illustrative examples of He’s right, but the proposal that my dollars a year, their taxes should not military families whose tax bill would rise friends on the Democratic side are go up. Let’s pass a bill that says that next year under H.R. 8, the House Republican bringing to the floor raises taxes on and then move on to the things on tax bill. these small businesses that create jobs. which we disagree. A corporal (E4) in the Marines with four years of service, who is married and has two The President knows that’s not fair. He Here is one of the things that we dis- goes on. children would see a tax increase of $448 agree on: The majority’s bill that’s on under H.R. 8. b 1310 the floor raises taxes on 25 million In 2009, President Barack Obama signed Americans, and they are some of the into law improvements to the earned income He says, ‘‘Tonight, I’m asking Demo- Americans who least merit and deserve tax credit—an important tax credit that crats and Republicans to simplify the a tax increase. For example, an E4 cor- boosts the earnings of low- and moderate-in- system. Get rid of the loopholes,’’ he poral in the Marine Corps with 4 years come workers. In 2009, 211,000 military fami- says, ‘‘level the playing field,’’ he says, of service, married and with two chil- lies benefitted from the earned income tax credit.[1] One of the 2009 improvements re- ‘‘and use the savings to lower the cor- dren sees his taxes go up by $448 a year porate tax rate for the first time in 25 duced the tax credit’s so-called marriage under the Republican bill. Under the penalty (phasing out the credit at higher in- years without adding to the deficit.’’ Democratic bill, that Marine’s taxes do That’s what the President called on come levels for families that file joint tax re- not go up. A military police sergeant, us all to do. That’s what this rule that turns). H.R. 8 would let that provision ex- an E5 in the Air Force, who has 8 years pire, increasing the marriage penalty and my friend from South Carolina allows of service, with a spouse and three thus reducing the EITC for married couples us to do. That’s what, if we’re willing young children would see a tax in- in the phaseout range. to put politics aside in this election crease of $1,118 a year. With military basic pay of $27,660[2] (and year, we can do together as you did in How could this be? assuming no other household income), this Marine Corporal’s family is affected by the 2010. In 2009, President Obama increased Madam Speaker, I will close with worsened marriage penalty under H.R. 8. As the earned income tax credit, which a result, the family’s tax credit would be re- this. That was his 2011 address, and helps low-income people who work for maybe you think that was just the en- duced by $448 under H.R. 8 compared to the a living, and he increased the child current tax rules, the Senate-passed bill, and thusiasm of our cooperation there at care credit, which is working people the House Democratic alternative. Here are the end of 2010, but it wasn’t. with children. We pay our marines, our the details: The SPEAKER pro tempore. The Air Force, our Army, and our sailors a Marine corporal (E4), four years’ service, time of the gentleman has expired. lot less than we should. They’re very married with two children; Mr. SCOTT of South Carolina. Military basic pay: $27,660 underpaid, and they take advantage of Madam Speaker, I yield an additional Earned income tax credit under current these tax breaks. tax policy and Democratic plan: $4,326 30 seconds to the gentleman from Geor- The SPEAKER pro tempore. The gia. Earned income tax credit under H.R. 8: time of the gentleman has expired. $3,878 Mr. WOODALL. Standing right here Ms. SLAUGHTER. I will be happy to Tax increase under H.R. 8: $448 in this Chamber 10 feet behind me this yield an additional 30 seconds to the A military police sergeant (E5) in the Air year, the President said this: gentleman from New Jersey. Force with eight years’ service, with a We have an opportunity at this moment to Mr. ANDREWS. The Democratic bill spouse and three young children at home, bring manufacturing back, but we have to preserves these tax rules for working would see a tax increase of $1,118 under H.R. seize it. We should start with our Tax Code. 8. Right now, companies get tax breaks for families, including members of the Another provision enacted in 2009 boosted moving jobs and profits overseas; meanwhile, military; the Republican bill does not. the value of the earned income tax credit for companies that choose to stay in America So I would urge my friends on both families with three or more children, reflect- get hit with one of the highest tax rates in sides of the aisle to do the following: ing the fact that these families have a higher the world. It makes no sense and everyone Let’s oppose the rule that’s on the cost of living. H.R. 8 would let this provision knows it. So let’s change it. floor, which gives us a chance to amend expire, so that families with three or more What you do does not change it. the bill. When we amend the bill, let’s children get the same-sized tax credit as What you do dooms our small business cancel out the tax increase on the Air families with two children. With basic pay of $34,723, this sergeant’s owners to continue to operate at one of Force sergeant of $1,118 and let’s cancel family would be affected by both the earned the highest tax rates in the world. We out the tax increase on the Marine cor- income tax credit’s worsened marriage pen- can do better. We have the bill to do poral of $448. alty under H.R. 8 and the reduced credit for better. Together we will do better. Vote ‘‘no.’’ families with three or more children. In With that, I thank my friend from [From the Center for American Progress, total, the family’s earned income tax credit South Carolina. Aug. 1, 2012] would be reduced by $1,118 under H.R. 8. Ms. SLAUGHTER. I think I must say HOUSE REPUBLICAN TAX BILL LEAVES SOME Under the Senate-passed bill and the House Democratic alternative, it would not be cut. that 97 percent of small businesses in MILITARY FAMILIES BEHIND Here are the details: MILITARY FAMILIES WITH MODEST INCOMES America will not be affected at all. Air Force sergeant (E5), eight years’ serv- COULD LOSE IMPORTANT TAX CREDITS With that, I’m pleased to yield 2 min- ice, married with three children: utes to the gentleman from New Jersey (By Seth Hanlon) Basic pay: $34,723 (Mr. ANDREWS). The House of Representatives today is Earned income tax credit under current Mr. ANDREWS. I thank my friend for scheduled to vote on a House Republican pro- tax policy and Democratic plan: $3,508 yielding. posal (H.R. 8) that purportedly extends all Earned income tax credit under H.R. 8: Madam Speaker, Americans who tax cuts but actually raises taxes on about 25 $2,390 served on the school board or a parents million families by reducing certain tax Tax increase under H.R. 8: $1,118 council or the board of trustees, their credits. The 25 million families include mid- A private in the U.S. Army (El) in his first dle-class families and students who currently year of service, who is married with an in- fire company, that have ever had a dis- benefit from a tax credit for college ex- fant child, would see a $273 tax increase pute about what to do know that one of penses. Others are parents raising children under the Republican plan. the ways to resolve the dispute is to on modest incomes who are helped by the The child tax credit generally provides a say, Listen, let’s take the things that child tax credit and earned income tax cred- $1,000 credit per child. But the credit is only

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13072 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 partially ‘‘refundable’’ for families who do benefit 98 percent of Americans who they want to tax us when we die. With the not have federal income tax liability in a don’t get them. There’s absolutely no value of our farm equipment these days, it given year. H.R. 8 would reduce the ability of evidence to back that up. Secondly, wouldn’t take long for a family farm to run some low-income families to claim the cred- there’s a total doubling down on sup- up against this limit. it. That is because the credit’s refundability We are here today because our econ- is based on the level of a family’s earnings ply-side economics, trickle-down economics. omy and job creators continue to wait above a certain threshold—and H.R. 8 would anxiously for real solutions. H.R. 8 will raise that threshold. Our bill basically has two propo- With basic pay of an estimated $18,196 in sitions: ensure that our family farmers, job 2013, the Army private’s family’s income is Number one, if we’re going to work creators will be protected. too low to owe federal income tax because of ourselves out of the biggest recession b 1320 the standard deduction and personal exemp- that we’ve had since the Great Depres- Ms. SLAUGHTER. Madam Speaker, I tions. Under H.R. 8, the family would only be sion, we have to increase employment able to claim a partial child tax credit, lim- am pleased to yield 2 minutes to the and we have to increase demand. ited to $727. In contrast, under the Senate- gentleman from New York (Mr. ENGEL). passed bill and the House Democratic alter- That’s why we’ve got to give pur- Mr. ENGEL. I thank my New York native, the family could claim the full $1,000 chasing power to the vast majority of colleague and friend. credit for its child. Here are the details: low-income and middle Americans. Madam Speaker, I rise today in U.S. Army private (El), first year of serv- That’s why we sustain the tax breaks strong opposition to H.R. 8, which ice, married with one child: that we’ve had in place since the Bush Basic pay: $18,196 should be more appropriately named tax cuts were passed. the Job Prevention and Recession Pro- Child tax credit under current tax policy Number two, we have to pay down on and Democratic plan: $1,000 tection Act. Child tax credit under H.R. 8: $727 the debt and have money to invest in We always hear talk about tax re- Tax increase: $273 things like infrastructure, science, and form, but the only solution my col- These are just three typical military fami- education. That’s a trillion dollars that leagues on the other side of the aisle lies who face a tax increase from H.R. 8’s would be made available by going with have to offer is an extension of the failure to extend important tax benefits for the Democratic approach. failed policies that skyrocketed the working families. Many families with simi- We’ve been here before, trickle-down debt and contributed to the current lar incomes, military and nonmilitary, economics versus middle class commit- state of the economy. My Republican would face similar tax increases because of ment. H.R. 8’s failure to extend the child tax credit colleagues say their plan will create and earned income tax credit improvements. Mr. SCOTT of South Carolina. jobs. If that’s true, why didn’t it work H.R. 8 also fails to extend the American op- Madam Speaker, I yield 2 minutes to during the Bush administration when portunity tax credit for families and stu- the gentlelady from North Carolina, we lost millions of jobs? The Repub- dents paying for college. Mrs. RENEE ELLMERS. lican philosophy always seems to be to In all, the House Republican plan raises Mrs. ELLMERS. Madam Speaker, I help the wealthy and give the back taxes on about 25 million families, including thank my colleague for allowing me to hand to the middle class. 18 million families with children (consti- speak on this very important issue tuting 37 percent of all families with chil- So let’s put this in perspective: at today. the same time the majority demands dren).[3] By contrast, all 98 percent of fami- I rise today in support of H.R. 8, lies with incomes under $250,000 ($200,000 for we give the wealthiest a break, they singles) would see no tax increase under the which will ensure that we will not raise cut Medicaid and Medicare, early edu- Democratic bill, and the 2 percent of Ameri- taxes on our Nation’s job creators and cation programs, title X family plan- cans with higher incomes will keep tax cuts harm our recovery. ning, and food stamps. The list goes on on their income up to those amounts. Madam Speaker, I would like to and on. Madam Speaker, I would laugh Seth Hanlon is Director of Fiscal Reform speak about one sector of the economy if this weren’t so tragic. at the Center for American Progress. that will be the greatest harmed, and Our government should be about giv- Mr. SCOTT of South Carolina. At that is our farmers. Our farmers pro- ing everyone a fair chance and making this time, I reserve the balance of my vide for our Nation and deserve our sure that we help the middle class and time. gratitude and protection from unneces- working people. Unfortunately, the Ms. SLAUGHTER. Madam Speaker, sary harm. In my district, thousands of current Republican philosophy seems I’m pleased to yield 2 minutes to the farmers and their families wait in fear to make it easier for those who are al- gentleman from Vermont (Mr. WELCH). that their homes and businesses will be ready ahead and more difficult for ev- Mr. WELCH. I thank the gentlelady. destroyed by the devastating tax in- eryone else. The Republican proposal Madam Speaker, let’s first of all decreases on the horizon. And yes, I am would give our military soldiers a tax fine what these two bills are. including the inheritance tax, or the increase while giving millionaires and Number one, the Democratic bill estate tax, or, which I like to refer to billionaires a huge tax break. would provide tax relief to 100 percent as, the ‘‘death tax,’’ which I think, all That’s why I strongly support the of Americans: 98 percent would get tax in all, needs to be repealed in full. Democratic substitute introduced by relief on every dollar of income; 2 per- Let’s just talk today about what will Congressman LEVIN. Our substitute is cent would get tax relief on up to happen if we do not pass H.R. 8. in stark contrast to the billion-dollar $250,000 of income. Above that, they Our farmers will be forced to lay off boondoggle proposed by the majority. would be going back to the Clinton workers, and they will be forced to sell Our proposal continues the tax cuts for rates. off equipment and land because that is the middle class and requires the The Republican bill would provide 100 where their investment is. wealthiest to pay their fair share, as percent of Americans tax relief, includ- They will not be able to pass along to well they should. Until we can have a ing those top 2 percent. At what cost? their families the accomplishments meaningful debate about actual tax re- A trillion dollars added to the debt, that they and their ancestors put for- form, the Democratic proposal is the number one. Number two, higher taxes ward because most farms are family- only one worth supporting. on military folks and low-income folks owned businesses. What I am speaking Madam Speaker, I urge my col- who would be hammered by the tax in- of is the inheritance tax going up. It leagues to oppose H.R. 8 and to support creases in the Republican bill. will increase to—total asset income of the Democratic substitute. Why is that? There’s two reasons: $1 million, increase to 55 percent, cur- Mr. SCOTT of South Carolina. I re- One, the underlying philosophy be- rently at $5 million at 35 percent. You serve the balance of my time. hind the Republican bill is that trick- can see that that would be devastating. Ms. SLAUGHTER. I yield 2 minutes le-down economics works. It is a propo- As Steve Mitchell of Mitchell Farms to the gentleman from Tennessee (Mr. sition that says that the tax cuts that in my district noted: COHEN). go to the 2 percent, the highest-income It will be very hard for our son to carry on. Mr. COHEN. Madam Speaker, this Americans—who don’t need them—will We have paid taxes all our lives, and now week there was some disturbing news

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13073 about Members of the House. One of Is it worth it? Raising taxes simply Ms. JACKSON LEE of Texas. I will our finest, longest-serving Members, allows Washington to spend more. If we submit into the RECORD, Madam Mr. LATOURETTE of Ohio, a Republican, want to have a serious discussion about Speaker, a letter from small businesses announced he wasn’t going to run for reining in our out-of-control spending, of the Main Street Alliance opposing reelection. He said he couldn’t run for I welcome that debate. But first we H.R. 8 and supporting this legislation reelection because of the gridlock and should do no harm to our fragile econ- the Democrats are offering. the difficulty getting things done. omy. This is a celebration for women. This He was for income, revenue—not for Extending current rates gives us vote today will enhance opportunities Grover Norquist’s pledge that most of time to pass our plan for comprehen- for women, small businesses, and fami- the Republicans have signed. And be- sive tax reform without risking thou- lies across America. cause he was for revenue, which is sands of jobs and another recession. Madam Speaker. I rise in strong opposition what the Democrat plan is, in taxing CBO estimates that action will produce to H.R. 8 and H.R. 6169, and ask my col- the wealthiest and most financially 2 million jobs next year alone. leagues on both sides of the aisle to come to- blessed in this country, he gave up be- The choice is clear. Let’s stop the tax gether in support of regular order for any pro- cause he said, you couldn’t get things hikes and create jobs. posed tax legislation, whether it comes to the done. That’s a shame. Ms. SLAUGHTER. Madam Speaker, I House Floor today, tomorrow, or next year. People ask, why is there partisan am pleased to yield 2 minutes to the The Rule before us is structured and I note gridlock? This is a perfect example. gentlewoman from Texas (Ms. JACKSON that is titled H. Res. 747, but unlike the jet- The two sides agree that people mak- LEE). liners that we Americans use every day, this Ms. JACKSON LEE of Texas. Madam ing $200,000 a year or married couples bill and the Rule are not yet ready for take-off. Speaker, although I have great affec- making $250,000 a year should get con- House Republicans released a proposal, tion for the gentleman from South tinued tax breaks. We should pass that, H.R. 6169, that would relax some of Carolina, I am so enthusiastic that as the Senate did. We know that can Congress’s normal procedural rules in order to Ranking Member SLAUGHTER is man- become law and guarantee those tax aging this bill. enact an overhaul of the tax code—so long as breaks. The difference that we have is I rise in great opposition to H.R. 8, the tax overhaul meets the objectives laid out whether people making over $200,000 but in enthusiastic support for H.R. 15. in the House budget plan authored by House single and $250,000 married get tax This is a gift to America’s women, Budget Committee Chairman PAUL RYAN. breaks. They will get tax breaks on working women, mothers. Their proposal states: that amount of income but not on the And let me give you the role: every ‘‘The United States tax code is far too com- income over that. taxpayer will get tax relief on $250,000. plex and bloated. It forces American citizens I have been blessed in my life, and I That, by the evidence of this letter and small business owners to focus on filling have had sufficient monies to do the from small businesses, will be 97, 98 out tax forms instead of tending to their fami- things I want. But I have never made percent of small businesses. And they lies and businesses. It is clear to lawmakers $250,000 a year. I consider that a lot of are women—most of them, many of on both sides of the aisle that real, funda- money. them—women who are in their homes mental reforms to our tax code are long over- On the Democratic side, we call that having a one-person small business, due. In fact, our revenue laws have not been middle class tax cuts. The reality is, in women who have hired people in a five- substantially reformed in 50 years,’’ Chairman my perspective, it’s upper-middle class person small business, women who are DREIER said. tax cuts and middle class tax cuts. The thinking of getting ready to start their I couldn’t agree more with Chairman DREIER only people at the top who are having small businesses. but by putting a stranglehold on the tax reform to pay a little more are the very Then, of course, the child tax credit. process before we even begin is tantamount wealthy and predominantly million- What a boon for working mothers and to forcing debate on any tax reform bill while aires. others who need that desperate relief. potentially limiting input. When I grew up, a millionaire was And then, of course, the marriage tax H.R. 6169 lays out several components that somebody who had a net worth of $1 relief. EITC, if you come from the gulf the tax overhaul legislation must have in order million. Today it’s somebody who region, we were saved by the earned in- to be passed through the easier legislative makes $1 million—rock stars, business come tax credit for Hurricane Katrina procedure. tycoons, bankers. They can afford to victims. They were able to get some All of these components seem identical to pay it. They’re not spending that minimal relief to carry them through. those laid out in the Ryan Plan that we wit- money. We need Americans who spend The higher education tax credit. The nessed in the Spring—it’s like a bad B movie their money to stimulate our economy. adoption tax credit. And as I indicated, rerun. We need purchasers. the child care tax credit. A tax credit, The required components of the tax over- So that’s why I am against the Re- as well, for expensing in small busi- haul include: publican plan and for the Democratic nesses. replacing the personal income tax rates with plan. It will activate our economy. What are my colleagues and my just two rates, 10 percent and 25 percent (or I thank the gentlewoman from New friends on the other side talking about? less) York for yielding the time. A job-killing, economy-killing, deficit- repeal of the Alternative Minimum Tax, AMT The SPEAKER pro tempore. The busting H.R. 8 is not the way to go. reducing the statutory corporate income tax Chair will advise the gentleman from So I am enthusiastically here to tell rate to 25 percent (or less) South Carolina that he has 71⁄2 minutes the women of America that this is a adoption of a ‘‘territorial’’ tax system (ex- remaining, and the gentlewoman from vote for you today. Those women who empting offshore profits of corporations from New York has 91⁄2 minutes remaining. get up every day, who design a way to U.S. taxes) Mr. SCOTT of South Carolina. make a living when there is no job— collecting revenue equal to between 18 and Madam Speaker, I yield 1 minute to these women, along with men, who 19 percent of GDP the gentlelady from Kansas, Ms. LYNN have come into understanding what The ‘‘findings’’ section of the bill states that JENKINS. small business can do for America. revenue will ‘‘rise to 21.2 percent of GDP Ms. JENKINS. Madam Speaker, stop- I’m excited because I consider the under current law,’’ meaning its proposed rev- ping the tax hike is not just about 18th Congressional District to be a host enue target of between 18 and 19 percent of taxes; it’s about jobs. Small businesses of small businesses. Everywhere I go, GDP is an explicit cut in revenue. have been responsible for about two- individuals are talking about their Like the Republican Plan, the bill introduced thirds of the new jobs created. Raising small businesses. by my colleagues Ways and Means Chairman taxes on the so-called ‘‘rich’’ will hit The SPEAKER pro tempore. The CAMP and Rules Committee Chair DREIER, nearly 1 million of these businesses and time of the gentlewoman has expired. does not say which tax loopholes and tax sub- in this weak economy will risk de- Ms. SLAUGHTER. I yield the gentle- sidies should be closed to ensure that the tax stroying 700,000 jobs. woman an additional 10 seconds. system still collects revenue equaling between

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13074 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 18 and 19 percent of GDP even after the The American people are asking the Presi- cent of the very wealthiest estates is hardly a plan’s steep rate reductions and the repeal of dent and Members of Congress to move swift- confiscatory or oppressive tax. the AMT are in effect. ly and take decisive action to help restore our Moreover, only 60 small farm and business My sense is that even if those with incomes economy in a fiscally responsible manner. I estates in the entire country would owe any exceeding $1 million were forced to give up all am disappointed that Republicans have in- estate tax in 2013, under a reinstatement of the tax expenditures RYAN could possibly want sisted on holding tax cuts for working and mid- the 2009 rules, and these estates would face to take away from them—all their itemized de- dle class families’ hostage in order to benefit an average effective tax rate of just 11.6 per- ductions, tax credits, the exclusion for em- the wealthiest 2 percent of Americans. cent. Failing to tie tax cuts to job creation is ployer-provided health insurance and the de- I would like to thank President Obama for irresponsible since it exacerbates our growing duction for health insurance for the self-em- his determined leadership, support and com- deficit without bolstering job creation. ployed—even then the net result for these tax- mitment to protecting important tax relief My amendment does not address the step- payers would be an average income tax cut of issues for middle-income Americans and the up in basis. The exemption level and rate are $187,000 in 2014. nation’s small businesses and farmers during consistent with parts of the estate tax proposal That’s because the income tax rate reduc- these challenging economic times. I would included in the President’s FY2010 and tions RYAN proposed are so deep that they also like to thank all the Members and their FY2011 Budgets and H.R. 16, the intelligent would far outweigh the loss of all these tax staff who worked diligently to bring this essen- estate tax proposal being put forth by my col- loopholes and tax subsidies. tial legislation to the House floor today in an league Mr. LEVIN of the Ways and Means I have consistently supported and voted for attempt to do all that we can to protect the Committee. middle class tax cuts, as I did two years ago American people and move this nation toward CLASSROOM EXPENSE DEDUCTION AMENDMENT when I voted for the Middle Class Tax Relief fiscally responsible economic recovery. My second amendment would have pro- Act of 2010, and the extension of unemploy- I support those provisions of H.R. 8 which vided tax relief to school teachers by providing ment benefits. provide relief for middle-class families and I am deeply saddened that the fate of un- them a deduction for qualified out-of-pocket small businesses who will see their taxes go classroom expenses of $250 dollars, whether employed, low and middle income Americans down and get much needed certainty. But I has been held hostage by the insistence by or not they itemize their deductions. You may cannot in good conscience support tax relief Republicans that this legislation include a recall Mr. Speaker that the President included for millionaires and billionaires at a time when giveaway to the wealthiest 2 percent of Ameri- this proposal in his Budget for Fiscal Year others need help just to make ends meet. cans that is going to irresponsibly expand the 2013. Unlike those provisions of H.R. 8 which ben- I understand the tremendous personal costs already large deficit. efit America’s struggling middle class, I do not I have spoken to and heard from many fine, incurred by educators with little or no class- support the provisions of this legislation which patriotic, hardworking middle income Ameri- room budget. According to a 2006 National condition that desperately needed relief upon cans from Houston, from the great state of School Supply and Equipment Association Re- the unconscionably high cost of providing an Texas, and all across the nation. Middle class tail Awareness Study, teachers spend an aver- American families and small businesses are unnecessary, expensive giveaway to the age of $493 out of pocket on school supplies deeply concerned about our troubled econ- wealthiest Americans by providing a 2-year for their own classrooms. omy, the skyrocketing national deficit, high un- extension of Bush-era tax cuts for the wealthi- Seven percent of teachers surveyed said employment rates, job creation, and sorely est 2 percent of Americans while keeping their they plan to spend more than $1,000 of their needed extension of the tax relief and unem- estate tax rate at 35 percent on estates valued personal finances on supplies. As education ployment benefits set to expire at the end of at more than $5 million for individuals and budgets face major shortfalls in the recession, this month. more than $10 million for couples. that amount is expected to increase signifi- The Republican bill temporarily extends for These giveaways to the wealthiest Ameri- cantly. one year, through 2013, all the reduced tax cans during these dire economic times need- Beginning in 2002 the IRS allowed for an rates and other tax benefits enacted in 2001 lessly add billions of dollars to our sky- above-the-line deduction for classroom ex- and 2003 that are scheduled to expire on Dec. rocketing deficit yet create no value for our ail- penses of up to $250. The educator expense 31. The measure maintains the maximum es- ing economy since these tax cuts are not tied deduction allows teachers to write off some tate tax rate of 35 percent while retaining the to job creation and preservation. expenses that they incur to provide books, exemption amount of $5 million, provides a ESTATE TAX AMENDMENT supplies, and other equipment and materials two-year ‘‘patch’’ to prevent the alternative I offered an amendment that would have set for their classrooms. I introduced this amend- minimum tax, AMT, from hitting over 27 million the Estate Tax at reasonable levels. My ment and would like to acknowledge the work taxpayers and allows small businesses to de- amendment would have allowed estates val- of my colleagues who have put forth legisla- duct an increased amount of their capital ex- ued at $3.5 million or less to pay 35 percent, tion advocating this deduction. America’s penditures for another year. estates valued between $3.5 million and $10 teachers from Texas to Maine to Florida to I feel like we have been down this path be- million to pay a 45 percent rate, and estates Washington deserve our renewed appreciation fore and I recall many of my colleagues stak- over $10 million to pay a 55 percent rate. This for their commitment to educating future gen- ing a claim to fiscal responsibility. Well, I ask commonsense amendment would have re- erations. in all sincerity, which bill is more fiscally re- stored a sense of fairness to H.R. 8. Our children should not have to suffer be- sponsible: H.R. 8, which blows a hole in the According to the Center on Budget and Pol- cause our teachers are given a Hobson’s deficit, or H.R. 15, the Democratic alternative icy Priorities, the 2009 estate tax rules already Choice, forced to choose between using their which keeps the Bush Tax rates in place for are extremely generous, tilting in favor of the own finances to effectively teach a class or the people who truly need tax relief. wealthy. The Tax Policy Center estimates that forced to cut corners due to budgetary restric- This is the same Republican Congress if policymakers reinstated the 2009 rules: tions. We promote an increased quality of which has asked for a balanced budget The estates of 99.7 percent of Americans education by lessening the financial burden on amendment. It has codified the Joint Select who die would owe no estate tax at all in them when they are trying to go above and Committee on Deficit Reduction, which is pos- 2013. Only the estates of the wealthiest 0.29 beyond their responsibilities is certainly war- sibly unconstitutional, and has had no impact percent of Americans who die—about 7,450 ranted. on jobs and the unemployment problem. Yet people nationwide in 2013—would owe any While I am opposed to the portions of H.R. today they want us to vote on a tax increase tax. 8 that amount to an expensive giveaway to for the top 2 percent. This illustrates what hap- Moreover, under the 2009 rules, the small the wealthiest 2 percent of Americans, I want pens when Congress does not work together number of estates that were taxable would to emphasize that I fully support job-creation in a bipartisan manner, laboring for the Amer- face an average effective tax rate of 19.1 per- and job creators. I also support President ican people. We must work together and com- cent, far below the statutory estate-tax rate of Obama’s vision for change. I share his compromise. 45 percent. In other words, 81 percent of the mitment to fighting for low- and middle-income The Senate gave us a layup by producing a value of these estates would remain after the Americans who are the backbone of this coun- bill last week which is virtually identical to the tax, on average. An estate tax that exempts try and our economy. Democratic Substitute. All we have to do is act the estates of 997 of every 1,000 people who However, this legislation, H.R. 8, especially like Olympians and pass it. die and leaves in place an average of 81 per- as it pertains to tax cuts for the top 2 percent

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00020 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13075 of Americans and estate tax provisions that come taxpayers paid some income tax, has impact many small businesses. As small are regressive and inflate the deficit, does not become the poster child for the tax system’s business owners, we know these claims don’t comport with this vision. I have serious mis- failure, requiring Congress to enact increas- square with the facts. givings about extending tax cuts for the In reality, only a tiny fraction—roughly 3 ingly expensive temporary patches to prevent percent—of all American taxpayers who re- wealthiest Americans at the expense of our the AMT from encroaching on millions of mid- port any form of business income on their deficit, especially if these tax cuts are not tar- dle class households particularly those with personal tax returns would be impacted by a geted towards job creation. children, in a web of pointless high tax rates, change in tax rates for income over $250,000. DEFICIT AND TAXATION complexity, and unfairness. Even this small fraction includes hedge fund You may recall that in the Budget, the Ad- On the deficit reduction front it is important managers, high-powered corporate lawyers, ministration calls for individual tax reform that: to remember the economic crisis that the and K Street lobbyists, so the number of real cuts the deficit by $1.5 trillion, including the President inherited. I remember back in 2008 small businesses affected is even fewer. expiration of the high-income 2001 and 2003 Furthermore, the ‘‘trickle down’’ theory and 2009, when we experienced the worst re- used to justify extra tax cuts at the top sim- tax cuts. As a matter of sound fiscal policy, I cession since the Great Depression. The ply doesn’t work. When the Congressional am supportive of this effort. I recognize the economy actually contracted, it shrunk, at a Budget Office examined close to a dozen op- putative economic benefits that many attribute rate of almost 9 percent in the fourth quarter tions to jumpstart economic activity and job to the Bush Tax Cuts, but we must ask our- of 2008. creation in early 2010, it found that extend- selves are they affordable? There is no We lost 800,000 private-sector jobs in Janu- ing special tax breaks for the richest Ameri- amount of dynamic scoring that will help pene- ary of 2009 alone, and unemployment was cans was the least effective of all 11 options trate the deficit. surging. Those are the conditions the Presi- for creating jobs and boosting the economy. The President’s budget also eliminated inef- Finally, claims about how ending these dent inherited—the car was swerving into the special tax cuts will impact job creation ig- ficient and unfair tax breaks for millionaires ditch. He was not the driver, but he was asked while making all tax breaks at least as good nore the most basic fact about what drives to come in on literally his first day of office, small business hiring. Customers drive small for the middle class as for the wealthy; and roll-up his sleeves and figure out how to pre- business hiring, not tax cuts. We hire when observes the Buffett Rule that no household vent the car from rolling farther down the hill. we see opportunities, when demand exceeds making more than $1 million a year pays less If you’ll recall we also faced a housing market the capacity of our current workforce, not than 30 percent of their income in taxes. that was in crisis, and we faced a financial because of a tax cut on our take-home in- The individual income tax is a hodgepodge market crisis as well that threatened to set off come. Small businesses need more customers. of deductions, exemptions, and credits that a global financial collapse. We have come a provide special benefits to selected groups of How do we get there? Build roads and long way since then yet there is more work to bridges, invest in education, hire teachers taxpayers and favored forms of consumption be done. and investment. These tax preferences make and first responders—this will create local The cloud looming over this Congress is an jobs, inject money into local economies, and the income tax unfair because they can im- unintended ‘‘triple-witching hour’’ of tax in- bring more customers into our businesses. pose radically different burdens on two dif- creases that will take effect at the beginning of But we won’t have the resources to do these ferent taxpayers with the same income. In es- 2013. things if we take the nearly $1 trillion we sence, Congress has been picking winners The expiration of the Bush Tax Cuts, the would raise from ending the extra tax cuts and losers. for income over $250,000 and hand it right end of the recently extended Payroll Tax Cut, There is absolutely no justification for huge back in another giveaway to the top. tax cuts. The wealthiest tax brackets should and increases in capital gains and dividends We urge you to stand with real small busi- not profit at the expense of programs keeping taxation will shock the conscience and wallets nesses and end the special Bush tax cuts for struggling families from poverty. of the American people. That is why Congress the top 2 percent. Bear in mind, the Republican’s 2012 budget needs to enact bi-partisan legislation that Sincerely, cut $2 trillion dollars more than President helps lower the deficit but does not wreck Charles Carter, Boy Genius World Pro- ductions, Eureka Springs, AR; William Obama’s Debt Commission advised, and havoc on the financial soul of the middle class. Wallin, Wallin Mental Medical, Rich- those cuts come from vital social services and mond, CA; Penny Shaw, Financial Af- safety nets for low-income families, children But again, tax reform that lowers the rate, fairs, Cooper City, FL; Ron Dinsdale, and seniors. reduces the deficit, and does not pick winners Midvale Pinacotheca, Huxley, IA; Tax expenditures also reduce the econo- and losers is not easy, but let’s not forget, if Laura Schlegel, Mario’s Mondo Cafe, my’s productivity because decisions on earn- President Reagan and then-Speaker Tip Chicago, IL; Iris Marreck, Iris B. ing, spending, and investment are driven by O’Neill could do it in 1986, anything is pos- Branding & Communications, tax considerations rather than the price signals sible. Northfield, IL; Maude Varela, that a well-balanced, and fair free market The so-called ‘‘99ers’’ have been sincerely Kidutopia, New Orleans, LA; Thomas looking for work for a very long time and have Dougherty, Pancro Cinema Products, economy produces. These expenditures, Grass Valley, CA; Marian Gallagher, whether for individuals or corporations, are run out of resources to provide for their fami- Nube de Helado Software, Inc., San really no different than the much ballyhooed lies and pay their mortgages, pay their bills Diego, CA; Jena Schill, Hair stylist, entitlement programs, but they have cute and buy food. They simply want and need a Ames, IA; James Berge, Berge Farms, names and fancy lobbyists. job to pay for these obligations. H.R. 8 pro- Kensett, IA; Kristin Aufmann, Moreover, tax expenditures make the tax poses to give tax cuts to the wealthiest Ameri- Aufmann Associates, Ltd., Mount Pros- system excessively complex for honest tax- cans, yet fails to provide for the so-called pect, IL; Kyle Schulz, Kar-Fre Flowers, payers who are trying to comply with the law ‘‘99ers.’’ Sycamore, IL; Brian England, British while seeking the benefits to which they are H.R. 8 unfortunately is not ready for prime- American Auto Care Inc., Columbia, MD; Timothy Larive, Larive Appraisal legally entitled. time. The system is so complex that most tax- Services, Mount Shasta, CA; Laurie THE MAIN STREET ALLIANCE, Chadwick, Bed and Biscuits, Santa payers—even those with low incomes—now Seattle, WA, August 1, 2012. Cruz, CA; Natalie Dinsdale, TaDah use either a professional tax preparer or tax To: Members of the U.S. House of Represent- Salon, Ames, IA; ReShonda Young, software. A one-page form shouldn’t require a atives. Alpha Express Inc, Waterloo, IA; David tax preparer who earns a percentage of the Re Small business support for ending the Borris, Hel’s Kitchen Catering, North- return, or a fee. extra Bush tax cuts for the top 2 percent. brook, IL; Mary Noel Black, The UPS It is not justifiable, especially when some DEAR REPRESENTATIVE: As small business Store @ Citiplace, Baton Rouge, LA; commentators like to point out that a number owners, we urge you to end the special Bush- Catherine Cretu, Anaconda Press, Inc., of taxpayers pay no tax—well they somehow era tax cuts for the top 2 percent of income Forestville, MD. conveniently forget to mention that these tax earners, or household income over $250,000 a Jerry Alexandratos, Alexandratos Rental year. This is the right thing to do for small Properties, Frederick, MD; Timothy scofflaws making $30,000 dollars a year more businesses, our local economies, and Amer- Floyd, Floyd Consulting, Augusta, ME; than make up for it with a long list of regres- ica. Halcyon Blake, Halcyon Yarn, Inc., sive taxes at the state and local level. The debate over the Bush tax cuts has been Bath, ME; Jerry Provencher, MRPS, The alternative minimum tax, or AMT, was clouded by claims that ending special breaks Bath, ME; Beverly Evans Messer, Elec- initially designed to ensure that all high-infor the top 2 percent of income earners would trolysis by Bev, Belfast, ME; Jim

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Sherry Dirks, Gray Bear Construction Partners for Change, Belfast, ME; Pa- Cochran, Cynthia L Cochran, CPA, Co., Portland, OR; Samuel Pardue, tricia Vigue, Music Plus, Biddeford, Portland, ME; Martha Fenton, Free- Lensbaby, Portland, OR; Peter Rossing, ME; Joan Lee Hunter, Fifth House lance writer, Portland, ME; Cecile Muse Art and Design, Portland, OR; J. Lodge Writers’ Retreat, Bridgton, ME; Deroche-Cain, Musician, Portland, ME; Kelly Conklin, Foley-Waite Associates Harold Roberts, Coryell Clayworks, Mary Zarate, Z Fabrics, Portland, ME; Inc, Bloomfield, NJ; Greg Nickle, Brunswick, ME; Moreen Halmo, Psy- Ginger Woods, Self-employed, Nickle & Associates, Tulsa, OK; Brian chologist, Brunswick, ME; Bill Tib- Rumford, ME; Elizabeth Como, Winter McDonald, Gresham Music, Gresham, betts, Brookside Auto Repair, Augusta, Journeys, Lovell, ME; John Ackerman, OR; Karen Alexander-Brown, Wind ME; Emily Henry, Chickadee Hill Residence, Mount Desert, ME; Winston Song at the Sea Gypsy, Lincoln City, Flowers, Bar Harbor, ME; Michael Mctague, Jr, Mctague Logging, New- OR; Mark Kellenbeck, BrainJoy LLC, Kelly, Michael Thorne Kelly, Inc., port, ME; Geno Scalzo, Shipwright, Medford, OR; John Mullin, Amallegory Bath, ME; Susan Lubner, Yoga in Bath, Owls Head, ME; Gary Ameika, Dune Productions, Oregon City, OR; Bruce Bath, ME; Carol P. Gater, Wealthy Marketing, Portland, ME; Dr. Wendy Chaser, Hawthorne Wellness Center, Poor House B&B, Belfast, ME; Frank Pollock, Inner Shores, Portland, ME; Portland, OR; Moses Ross, M. J. Ross Svatek, Photographer, Biddeford, ME; Barbara McKim, Psychologist—Private Group, Inc., Portland, OR; Deborah and Ken Converse, Quality Images, Practice, Portland, ME; Joanne John Field, Paperjam Press, Portland, Bridgton, ME; Daniel Atkins, Fine Dunlap, Mo’s Variety, Rangeley, ME; OR. Blade Carpentry, Brunswick, ME; Rob- Susan Littlefield, Echo Farm Pottery, Judith Wallace, Serenity Shop, Portland, ert Theberge, RC Theberge GC, Inc., Saco, ME. OR; Brian Setzler, CPA, TriLibrium, Brunswick, ME. Mattthew B. Westerlund, Matt Portland, OR; Hank Keeton, Keeton Laurie Garrec, Westcon Mfg Inc, Bruns- Westerlund Financial Services, San- Corporation, Scotts Mills, OR; Aylene wick, ME; Anna Dembska, Publishing, ford, ME; Shahzad Kirmani, Geringer, The Chocolate Box, Camden, ME; Mark Braun, Mark VisionMaster, Inc., Scarborough, ME; Silverton, OR; Gary Mazzilli, Braun, MD, Cape Elizabeth, ME; David Frank Ridley, Different Drummer Outsource Estimating Inc., Hayes, VA; Chuck Robinson, Village Books, Bel- A. Woolsey, David Woolsey Workshop, Solon, ME; Priscilla Skerry, lingham, WA; Robert Jekel, Parkade Violinmaker, Ellsworth, ME; Melanie Healing Routes, South Portland, ME; Hobbies, Kennewick, WA; Diana A. Collins, Melanie’s Home Childcare, Ann Breeden, Spring Woods Gallery, Thompson, Harmony SoapWorks, Falmouth, ME; William Berlinghoff, Sullivan, ME; John H. Noyes, The Pic- Ocean Park, WA; Dan Emerson, Sum- Oxton House Publishers, LLC, Farm- ture Framer, Inc., Topsham, ME; Earl mit View Pet Clinic, Puyallup, WA; Ta- ington, ME; Nancy Glista, Glista Jew- Morse, Waterford Design, Waterford, mara Maher, Tamara B Maher PC, elry, Franklin, ME; Carson Lynch, The ME; Bill Nave, Bill Nave Consulting, Portland, OR; Jack Coelho, Vital Body Gorham Grind, Gorham, ME; Steve Winthrop, ME; Mary Campbell, Every- Studio, Portland, OR; Victor Madge, Workman, Workman Management Con- day Wines, Ann Arbor, MI; Edwin Architecture, Silverton, OR; Terrell sulting, Kittery, ME; Jennifer Porter, Farrarr AE Profit Solutions, Scar- McDaniel, Hughes McDaniel and Asso- Honey Tree Films, Buxton, ME; Con- borough, ME; Joe Thompson, Salt Pond ciates, Hendersonville, TN; Diane stance Jordan, Behavioral Health Re- Rowing, Sedgwick, ME; Bonnie Jack- Middaugh, Quik Tan, Bellevue, WA; sources, Cape Elizabeth, ME; Mary son, Bonnie Jackson Remodeling, Dante Montoya, Dante Lee Montoya Ellen Serina, Paradise Studio, East South Portland, ME; Artis Bernard, CPA, Kennewick, WA; Allan Willis, Boothbay, ME; Edward Grohoski, Ed’s Inleaf Press, South Portland, ME; Ei- Tri-City Music, Kennewick, WA; Electric Inc., Ellsworth, ME; Ned leen Mielenhausen, Healing & Expres- Carolyne Hart, Olympia Frameworks, Kitchel, Quaker Marine Supply Co, sive Arts Retreats of Maine, Surry, Olympia, WA; Laura Waite, Jay’s Pro- Falmouth, ME; Emery Goff, The Old ME; Seth Hall, S & J Llama LLC, fessional Automotive, Renton, WA; KB Barn Annex Antiques, Farmington, Waldoboro, ME; John O’Donnell, Tilton Mercer, Traveling Lantern, Portland, ME; David Hutchinson, Checkout Con- & O’Donnell Law Offices, Waterville, OR; Jose Gonzalez, Tu Casa real Es- venience Stores, Glenburn, ME; Doris ME; David Mercer, Mercer & Sons, Yar- tate, Salem, OR; Jason Freilinger, Luther, Mediation & Conflict Resolu- mouth, ME; Steve Koch, Midnight Se- Freilinger Electronics, Inc., Silverton, tion Services, Hollis, ME; Edward curity & Communications Inc, Flint, OR; Martha Eberle, WildWoods of Walworth, MD, Retired Surgeon, MI; Allegra Kirmani, Heart Art Stu- Texas, Dripping Springs, TX; Ben Lewiston, ME; Mallory Hattie, Raising dios, Inc, Scarborough, ME; Pat Knudsen, DIGS, Bellingham, WA; Rick Canine Maine Dog Training, Buxton, Berger, The Pond, Sidney, ME; Georgia Van Heel, Music Machine, Kennewick, ME; Scott Cronenweth, Freelance writ- Williamson, Georgia Deveres Studio, WA; Consuelo Gomez, Marty K Inc., er, Cape Elizabeth, ME; Sandra Fayle, South Portland, ME; William Clarke, Mercer Island, WA; Randy Eakman, Faraway Antique Shop, East CIMPAC INC, St George, ME; David Finish Craft, Pasco, WA; Sarah Millinocket, ME; Kathryn Gannon, Hynd, Carpentry, Thomaston, ME; Stegner, Again and A Gain, Seattle, Gannon-Janelle Interiors, Falmouth, Mitch Kihn, Mid-Maine Forestry, War- WA. ME; Sandra Stanton, Artist, Farm- ren, ME; Tori Stenbak, Stenbak Law Eli Reich, Alchemy Goods, Seattle, WA; ington, ME; Beth Labaugh, Kennebec Offices, PA, Westbrook, ME; Chris Beth Sanders, Athena Video Arts, Se- Therapeutics, Fayette, ME; Elizabeth Barbour, Barbour Computing, York, attle, WA; Dan McComb, BizNik, Se- Beane, Clinical Social Worker, Private ME; Mary Bridge, Hip Hoopla LLC, attle, WA; Jody Hall, Cupcake Royale, Practice, Gorham, ME; Gary McGrane, Chesterfield, MO. Seattle, WA; Laureen Kelly, Einstein GT McGrane Builders, Jay, ME; Craig James Hoffmann, Hoffmann/Morgan Ar- Signs, Seattle, WA; Frank Taylor, Saddlemire, Round Point Movies, chitects, Missoula, MT; Elizabeth Frank’s Barber/Salon, Seattle, WA; Lewiston, ME. Wood, Crossroads Veterinary Clinic, Kathryn Hooks, J.O.Y Unlimited, Se- Mike Relac, Fox Hill Associates, Inc., Cortland, NY; Ann Stanley, Radiant attle, WA; Tarek Gelate, Lucy Ethio- Limington, ME; Cheryl L. Wilder, Pine Health Acupuncture and Massage, pian Restaurant, Seattle, WA; Beckie Street Redemption Center, Madison, LTD, Bend, OR; Michael O’Shea, Tif- Lindley, Merry Tails & Dog Alley, Se- ME; John Sweet, Sweet Timber fany and O’Shea, Inc, Happy Valley, attle, WA; Valeriy Arrymanon, Frames, Mount Desert, ME; Marla OR; Karen Mccarthy, Madras Garden Alliuan, Inc, Seattle, WA; Ed Whitfield, Bottesch, Snowbound Books, Depot, Madras, OR; Vincent Alvarez, BBQ Pit, Seattle, WA; Nicole Miller, Norridgewock, ME; Dotty Caldwell, Peanuts on the Half Shell, Milwaukie, Blackbird, Seattle, WA; Keith Dorothy Caldwell, LCPC, Penobscot, OR; Thomas Karwaki, CAI, Portland, Gormezano, Dr. Quick Books, Inc., Se- ME; Elizabeth Della Valle, Elizabeth A OR; Michael Schulte, Joe’s Garage, attle, WA; Peter Aaron, Elliott Bay

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13077 Book Company, Seattle, WA; Eduardo And in this time—and I have pushed about a fairer, flatter, simpler tax that Revelo, Guaracos Tacos, Seattle, WA; in my time in this Congress—I can the American people want and need Yong Kim, Jackson Cleaners, Seattle, think of only one time that we have and this economy wants and needs. WA; Malia Keene, Magpie, Seattle, WA; You know, we shouldn’t be having a Mary Clark, Merryweather Books, Se- had a serious debate on tax reform, and attle, WA; Annie Davis, Annie’s Nan- that was at a time when we had some big argument over these extensions. nies Inc, Seattle, WA; Joline El-Hai, debate, and I testified before the Ways They passed on a bipartisan basis Bella Luz Studio, Seattle, WA; Joshua and Means Committee in favor of a na- under Speaker PELOSI. They should Huisenga, Chalkbox Creative, LLC, Se- tional sales tax. pass on a bipartisan basis this time. We attle, WA; Berhane Amanuel, East Af- This rule that’s before us expedites do not need the politics of envy and di- rican Imports, Seattle, WA; JK this debate. It expedites the consider- visiveness. We need tax reform, and Burwell, Family Heritage, Seattle, WA; ation of a bill providing for comprehen- this puts us on the path to do it. Theo Martin, Island Soul, Seattle, WA; Heather Caldwell, Kismet Salon, Se- sive tax reform. And I look at the con- I urge my colleagues to support this attle, WA; Terry, Many Many Moons, ditions that are in here. There are five rule and the underlying bill. Seattle, WA; Jack Burg, Montlake conditions that are written in, and the Ms. SLAUGHTER. Madam Speaker, I Mousse, Seattle, WA; Dale Russ, Morn- Fair Tax meets all of those conditions, yield myself the balance of my time to ing Dew Productions, Seattle, WA; Mo- I think, by design. close. hammed Almatn, Professional Copy/ I am looking forward to an open de- Madam Speaker, we understand the Print, Seattle, WA; Wasif Qadri, bate that will take place at least with- majority intends to have a last-minute Shalimar Indian/Pakistani Cuisine, Se- change in the rule. The amendment attle, WA. in the Ways and Means Committee and Brian Wells, Tougo Coffee, Seattle, WA; hopefully come here to the floor. It would create a number of obstacles to Anil Shrestha, University Food & Deli, says to me, as I look at this rule, that middle class tax cuts. And under the Seattle, WA; Mari Cook, Voyeur, Se- the legitimate proposals that would last-minute change, the middle class attle, WA; Steven Hall, MD, Steven M. come for real tax reform will be in taxes could not be cut until the Senate Hall, MD, Snoqualmie, WA; Eben Cole, order before the Ways and Means Com- has approved the entire Republican tax Cole Music Co, Spokane, WA; Jason mittee. reform agenda, and we certainly don’t Berg, Infinity Fitness, Spokane, WA; So I encourage those committee need that kind of obstacle and we don’t Carl Medeiros, Panache Clothing, Se- need that kind of bill. We need quick attle, WA; Eduardo Marlo, Puerto members, as this expedited debate Vallarta Mexican Restaurant, Seattle, takes place, to bring your reforms to action on tax cuts, so I hope we can get WA; Jason Grimes, Spin Cycle, Seattle, the Ways and Means Committee. Bring that today. But let me remind you that WA; Mohammed Toure, Toure Apparel, them in the form of amendment. Let’s you need to vote against this rule, un- Seattle, WA; Lois Ko, University have a real debate. Let’s put the Fair less you want the Republican bill to Haagen Dais, Seattle, WA; Park, West- Tax up against everything else. pass automatically. ern Beauty Supply, Seattle, WA; Mark The Senate-passed tax cuts are a sim- 1330 Gerard, Advanced Radon, Spokane, b ple and fair extension of tax cuts that WA; John Frian, Frian Farms, Spo- And I have done that now since about will directly benefit the middle class. kane, WA; Nate Coming, Mark’s Guitar 1980. And even though I have lost a cou- It was quite wonderful to see the Sen- Shop, Spokane, WA; Pirkko Karhunen, ple of debates with my wife and some Pirkko, Seattle, WA; Ben Jenkins, ate of the United States do the sensible Shadowland, Seattle, WA; Ryan with my family, and even one or two thing and say that everyone making Calkins, Statements, Seattle, WA; Kirk with my staff, I’ve never lost a debate $250,000 and under would receive a tax Strong, University Ave Barber, Se- on the fair tax because the American cut. Unfortunately, our colleagues on attle, WA; Andrew Park, University people understand this—right now, the the other side of the aisle are the only Teriyaki, Seattle, WA; Deborah Cziske, Federal Government has a first lien on ones standing in the way of the tax cut Cascade Industrial Supply, Shoreline, all productivity in America. If you becoming law. WA; Michael Bonnes, Brooklyn Deli, punch a time clock on Monday morn- Their flawed alternative proposal de- Spokane, WA; Rick Ericksen, Halpins, ing, just imagine, Uncle Sam is stand- Spokane, WA; Larry Lent, Mr. J’s Take mands that any middle class tax cut be & Bake Pizza, Spokane, WA; Janine ing there by that time clock. When it accompanied by an additional tax cut Vaughn, Revival Lighting, Spokane, goes thunk, his hand goes out and he for the richest 2 percent. Such a pro- WA; Mollie Fenton, Fenton/Stahl Gal- gets into his hand what he wants until posal would be and has been a fiscal lery, Walla Walla, WA; James Kytonen, he gets his share, and then he puts it in disaster. It would explode the Nation’s Violin Works, Spokane, WA; Wayne his pocket and you get to keep what’s deficit, fail to create jobs, and perpet- Chabre, Wayne Chabre Sculptor, Walla left. uate the record of inequality facing our Walla, WA; Rob Robinson, Building Dy- Let’s change the tax from production Nation. namics LLC, Walla Walla, WA. to consumption. Let America grow, let The oft-repeated premise that we Mr. SCOTT of South Carolina. America breathe, to quote the Con- need to protect job creators—who 1 Madam Speaker, I yield 2 ⁄2 minutes to gressman from Pennsylvania. haven’t created new jobs—with lower the gentleman from Iowa, Mr. STEVE Ms. SLAUGHTER. Madam Speaker, I corporate taxes and lower taxes for the KING. would like to inquire of my colleague if wealthy should be put to bed. It has Mr. KING of Iowa. I thank the gen- he has further speakers? tleman from South Carolina for yield- been thoroughly and convincingly Mr. SCOTT of South Carolina. I have ing and for leading this reform debate disproven. one. for real tax reform. Instead of protecting tax loopholes In the time I came to this Congress, Ms. SLAUGHTER. I reserve the bal- for corporations that ship jobs overseas I have made the pledge that I would ance of my time. and serving the wealthy at the expense push for tax reform. I believed at the Mr. SCOTT of South Carolina. of the middle class, we should be mak- time that the debate that had been Madam Speaker, I yield 1 minute to ing the Tax Code more simple and fair taking place in this Congress over the the gentleman from Texas (Mr. and asking everyone just to pay their preceding years would flow into the fol- FARENTHOLD). fair share. Our proposed middle class lowing years. Mr. FARENTHOLD. Madam Speaker, tax cut would be a great first step to- I remember the inspiration that I thank my freshman colleague from wards doing just that. came when Billy Tauzin and Dick South Carolina. In addition, Madam Speaker, if we Armey went around the country and I rise today in support of this rule. defeat the previous question, I will debated tax reform between the flat America has waited long enough for offer an amendment to the rule to give tax and the Fair Tax. I don’t ever re- the uncertainty over taxes to go away. the House a vote on H. Res. 746, which member anyone debating in favor of This rule gives us the opportunity to would prohibit us from going home the Fair Tax having lost that debate. avoid a huge tax increase and gives us until the President signs middle class But we had a real tax reform debate. the opportunity to have that debate tax cuts into law. Otherwise, we will be

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13078 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 going home perhaps tomorrow with The SPEAKER pro tempore. The the gentleman from New York, Mr. Fitz- that undone. Clerk will report the amendment. gerald, who had asked the gentleman to There is no excuse for Congress to go The Clerk read as follows: yield to him for an amendment, is entitled to the first recognition.’’ on summer vacation at the end of this Add the following new section: week. No other American leaves work SEC. 10. (a) In the engrossment of H.R. 8 Because the vote today may look bad for with a job half done, and neither the Clerk shall— the Republican majority they will say ‘‘the should we. It is our duty to deliver re- (1) add the text of H.R. 6169, as passed by vote on the previous question is simply a sults for the American people, and we the House, as new matter at the end of H.R. vote on whether to proceed to an immediate vote on adopting the resolution . . . [and] should not leave this town until every 8; (2) conform the title of H.R. 8 to reflect the has no substantive legislative or policy im- middle class family has a tax cut in addition of H.R. 6169, as passed by the House, plications whatsoever.’’ But that is not what their hands. to the engrossment; they have always said. Listen to the Repub- In closing, I urge my colleagues to (3) assign appropriate designations to pro- lican Leadership Manual on the Legislative support the middle class tax cuts, to visions within the engrossment; and Process in the United States House of Rep- vote ‘‘no’’ on the rule and on ordering (4) conform provisions for short titles with- resentatives, (6th edition, page 135). Here’s the previous question. in the engrossment. how the Republicans describe the previous Madam Speaker, I ask unanimous (b) Upon the addition of the text of H.R. question vote in their own manual: ‘‘Al- consent to put the amendment and 6169, as passed by the House, to the engross- though it is generally not possible to amend other extraneous material in the ment of H.R. 8, H.R. 6169 shall be laid on the the rule because the majority Member con- table. trolling the time will not yield for the pur- RECORD immediately prior to the vote. Mr. SCOTT of South Carolina. pose of offering an amendment, the same re- The SPEAKER pro tempore. Is there sult may be achieved by voting down the pre- objection to the request of the gentle- Madam Speaker, the amendment in- structs the Clerk to add the text of vious question on the rule . . . When the mo- woman from New York? tion for the previous question is defeated, There was no objection. H.R. 6169 as new matter at the end of control of the time passes to the Member Ms. SLAUGHTER. I yield back the H.R. 8 before transmitting the bill to who led the opposition to ordering the pre- balance of my time. the Senate. vious question. That Member, because he Mr. SCOTT of South Carolina. The material previously referred to then controls the time, may offer an amend- Madam Speaker, I wonder what my by Ms. SLAUGHTER is as follows: ment to the rule, or yield for the purpose of friend from Texas would have said, if AN AMENDMENT TO H. RES. 747 OFFERED BY amendment.’’ she was still here, to the 253,000 women, MS. SLAUGHTER OF NEW YORK In Deschler’s Procedure in the U.S. House small business owners, who will be im- At the end of the resolution, add the fol- of Representatives, the subchapter titled pacted by higher taxes based on the ac- lowing new section: ‘‘Amending Special Rules’’ states: ‘‘a refusal tions of our friends on the left. I won- SEC. 10. Immediately upon adoption of this to order the previous question on such a rule der, Madam Speaker, what my friends resolution, the House shall proceed to the [a special rule reported from the Committee on the left would say to the 710,000 consideration in the House of the resolution on Rules] opens the resolution to amend- (H. Res. 746) prohibiting the consideration of ment and further debate.’’ (Chapter 21, sec- newly unemployed Americans because a concurrent resolution providing for ad- tion 21.2) Section 21.3 continues: ‘‘Upon re- of their actions on the left? I wonder, journment or adjournment sine die unless a jection of the motion for the previous ques- Madam Speaker, what my friends on law is enacted to provide for the extension of tion on a resolution reported from the Com- the left would say to the senior citizens certain expired or expiring tax provisions mittee on Rules, control shifts to the Mem- who make less than $100,000, to the sen- that apply to middle-income taxpayers if ber leading the opposition to the previous ior citizens who make less than $50,000 called up by Representative SLAUGHTER of question, who may offer a proper amendment who would see a 185 percent increase on New York or her designee. All points of order or motion and who controls the time for de- their taxes for their dividend income? against the resolution and against its consid- bate thereon.’’ Madam Speaker, my friends on the eration are waived. Clearly, the vote on the previous question left have asked a very interesting and on a rule does have substantive policy impli- (The information contained herein was cations. It is one of the only available tools telling question when they asked: Who provided by the Republican Minority on mul- deserves a tax increase? Well, we on for those who oppose the Republican major- tiple occasions throughout the 110th and ity’s agenda and allows those with alter- the right have a very clear answer to 111th Congresses.) native views the opportunity to offer an al- that question. We believe everybody THE VOTE ON THE PREVIOUS QUESTION: WHAT ternative plan. deserves a tax decrease. IT REALLY MEANS Madam Speaker, with unemployment This vote, the vote on whether to order the Mr. SCOTT of South Carolina. for the 41st month over 8 percent, with previous question on a special rule, is not Madam Speaker, I yield back the bal- unemployment in south Atlanta over merely a procedural vote. A vote against or- ance of my time, and I move the pre- 9.4 percent, I would suggest, Madam dering the previous question is a vote vious question on the amendment and Speaker, now is not the time to engi- against the Republican majority agenda and on the resolution. neer fairness. Now is a time for us to a vote to allow the opposition, at least for the moment, to offer an alternative plan. It The SPEAKER pro tempore. The keep taxes low. is a vote about what the House should be de- question is on ordering the previous Madam Speaker, everyone in this bating. question on the amendment and on the room can agree we need to take steps Mr. Clarence Cannon’s Precedents of the resolution. to turn our economy around. But while House of Representatives (VI, 308–311), de- one side of the room wants to divide scribes the vote on the previous question on The question was taken; and the our Nation to do so, we understand the rule as ‘‘a motion to direct or control the Speaker pro tempore announced that that punishing some Americans in the consideration of the subject before the House the ayes appeared to have it. name of helping others is not the solu- being made by the Member in charge.’’ To Ms. SLAUGHTER. Madam Speaker, defeat the previous question is to give the on that I demand the yeas and nays. tion. We must lift everyone up; other- opposition a chance to decide the subject be- wise, we will all just end up in the fore the House. Cannon cites the Speaker’s The yeas and nays were ordered. squishy, nebulous middle. And America ruling of January 13, 1920, to the effect that The SPEAKER pro tempore. Pursu- isn’t about being mediocre. America is ‘‘the refusal of the House to sustain the de- about being the best, the strongest, mand for the previous question passes the ant to clause 9 of rule XX, the Chair and the leader of the free world. Let’s control of the resolution to the opposition’’ will reduce to 5 minutes the minimum stay there as a Nation. in order to offer an amendment. On March time of any electronic vote on the 15, 1909, a member of the majority party of- question of adoption of the amend- AMENDMENT OFFERED BY MR. SCOTT OF SOUTH fered a rule resolution. The House defeated CAROLINA ment, if ordered, and adoption of the the previous question and a member of the resolution, if ordered. Mr. SCOTT of South Carolina. opposition rose to a parliamentary inquiry, Madam Speaker, I move to amend the asking who was entitled to recognition. The vote was taken by electronic de- resolution with the amendment I have Speaker Joseph G. Cannon (R-Illinois) said: vice, and there were—yeas 240, nays placed at the desk. ‘‘The previous question having been refused, 183, not voting 7, as follows:

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13079 [Roll No. 540] Chu Holden Pingree (ME) Burton (IN) Herger Poe (TX) Cicilline Holt Polis Calvert Herrera Beutler Pompeo YEAS—240 Clarke (MI) Honda Price (NC) Camp Huelskamp Posey Clarke (NY) Israel Quigley Campbell Huizenga (MI) Adams Gosar Nunnelee Price (GA) Clay Jackson Lee Rahall Canseco Hultgren Quayle Aderholt Gowdy Olson Cleaver (TX) Rangel Cantor Hunter Reed Alexander Granger Palazzo Clyburn Johnson (GA) Reyes Capito Hurt Rehberg Amash Graves (GA) Paul Cohen Johnson, E. B. Richardson Carter Issa Reichert Amodei Graves (MO) Paulsen Connolly (VA) Kaptur Richmond Cassidy Jenkins Renacci Austria Griffin (AR) Pearce Conyers Keating Ross (AR) Chabot Johnson (IL) Ribble Bachmann Griffith (VA) Pence Cooper Kildee Rothman (NJ) Chaffetz Johnson (OH) Rigell Bachus Grimm Petri Costa Kind Roybal-Allard Coble Johnson, Sam Rivera Barletta Guinta Pitts Costello Kissell Ruppersberger Coffman (CO) Jones Roby Bartlett Guthrie Platts Courtney Cole Barton (TX) Hall Kucinich Rush Kelly Roe (TN) Poe (TX) Critz Conaway Bass (NH) Hanna Langevin Ryan (OH) King (IA) Rogers (AL) Pompeo Crowley ´ Cravaack Benishek Harper Larsen (WA) Sanchez, Linda King (NY) Rogers (KY) Posey Cuellar Crawford Berg Harris Larson (CT) T. Kingston Rogers (MI) Price (GA) Cummings Crenshaw Biggert Hartzler Lee (CA) Sanchez, Loretta Kinzinger (IL) Rohrabacher Quayle Davis (CA) Culberson Bilbray Hastings (WA) Levin Sarbanes Kline Rokita Reed Davis (IL) Denham Bilirakis Hayworth Lewis (GA) Schakowsky Labrador Rooney Rehberg DeFazio Dent Bishop (UT) Heck Lipinski Schiff Lamborn Ros-Lehtinen Reichert DeGette DesJarlais Black Hensarling Loebsack Schrader Lance Roskam Renacci DeLauro Diaz-Balart Blackburn Herger Lofgren, Zoe Schwartz Landry Ross (FL) Ribble Deutch Dold Bonner Herrera Beutler Lowey Scott (VA) Lankford Royce Rigell Dicks ´ Dreier Bono Mack Huelskamp Lujan Scott, David Latham Runyan Rivera Doggett Duffy Boren Huizenga (MI) Lynch Serrano LaTourette Ryan (WI) Roby Donnelly (IN) Duncan (SC) Boustany Hultgren Maloney Sewell Latta Scalise Roe (TN) Doyle Duncan (TN) Brady (TX) Hunter Markey Sherman Lewis (CA) Schilling Rogers (AL) Edwards Ellmers Brooks Hurt Matsui Sires LoBiondo Schmidt Rogers (KY) Ellison Emerson Broun (GA) Issa McCarthy (NY) Slaughter Long Schock Rogers (MI) Engel Farenthold Buchanan Jenkins McCollum Smith (WA) Lucas Schweikert Rohrabacher Eshoo Fincher Bucshon Johnson (IL) McDermott Speier Luetkemeyer Scott (SC) Rokita Farr Fitzpatrick Buerkle Johnson (OH) McGovern Stark Lummis Scott, Austin Rooney Fattah Flake Burgess Johnson, Sam McNerney Sutton Lungren, Daniel Sensenbrenner Ros-Lehtinen Filner Fleischmann Burton (IN) Jones Meeks Thompson (CA) E. Sessions Roskam Frank (MA) Fleming Calvert Jordan Michaud Thompson (MS) Mack Shimkus Ross (FL) Fudge Flores Camp Kelly Miller (NC) Tierney Manzullo Shuster Royce Garamendi Forbes Campbell King (IA) Miller, George Tonko Marchant Simpson Runyan Gonzalez Fortenberry Canseco King (NY) Moore Towns Marino Smith (NE) Ryan (WI) Green, Al Foxx Cantor Kingston Moran Tsongas McCarthy (CA) Smith (NJ) Scalise Green, Gene Franks (AZ) Capito Kinzinger (IL) Murphy (CT) Van Hollen McCaul Smith (TX) Schilling Grijalva ´ Frelinghuysen Carter Kline Nadler Velazquez McClintock Southerland Schmidt Gutierrez Gallegly Cassidy Labrador Napolitano Visclosky McHenry Stearns Schock Hahn Gardner Chabot Lamborn Neal Walz (MN) McIntyre Stivers Hanabusa Garrett Chaffetz Lance Schweikert Olver Wasserman McKeon Stutzman Hastings (FL) Gerlach Coble Landry Scott (SC) Owens Schultz McKinley Sullivan Heinrich Gibbs Coffman (CO) Lankford Scott, Austin Pallone Waters McMorris Terry Higgins Gibson Cole Latham Sensenbrenner Pascrell Watt Rodgers Thompson (PA) Himes Gingrey (GA) Conaway LaTourette Sessions Pastor (AZ) Waxman Meehan Thornberry Hinchey Gohmert Crawford Latta Shimkus Pelosi Welch Mica Tiberi Hinojosa Goodlatte Crenshaw Lewis (CA) Shuler Perlmutter Wilson (FL) Miller (FL) Tipton Hirono Gosar Culberson LoBiondo Shuster Peters Woolsey Miller (MI) Turner (NY) Hochul Gowdy Denham Long Simpson Peterson Yarmuth Miller, Gary Turner (OH) Granger Dent Lucas Smith (NE) Mulvaney Upton NOT VOTING—7 Graves (GA) DesJarlais Luetkemeyer Smith (NJ) Murphy (PA) Walberg Graves (MO) Diaz-Balart Lummis Smith (TX) Akin Dingell Sullivan Myrick Walden Griffin (AR) Dold Lungren, Daniel Southerland Cardoza Hoyer Neugebauer Walsh (IL) Griffith (VA) Dreier E. Stearns Cravaack Jackson (IL) Noem Webster Grimm Duffy Mack Stivers Nugent West Guinta Duncan (SC) Manzullo Stutzman b 1404 Nunes Westmoreland Guthrie Duncan (TN) Marchant Terry Nunnelee Whitfield So the previous question was ordered. Hall Ellmers Marino Thompson (PA) Olson Wilson (SC) Hanna Emerson Matheson Thornberry The result of the vote was announced Palazzo Wittman Harper Farenthold McCarthy (CA) Tiberi as above recorded. Paul Wolf Harris Fincher McCaul Tipton Paulsen Womack The SPEAKER pro tempore. The Hartzler Fitzpatrick McClintock Turner (NY) Pearce Woodall Hastings (WA) Flake McHenry Turner (OH) question is on the amendment. Pence Yoder Hayworth Fleischmann McIntyre Upton The question was taken; and the Petri Young (AK) Heck Fleming McKeon Walberg Pitts Young (FL) Speaker pro tempore announced that Hensarling Platts Young (IN) Flores McKinley Walden the ayes appeared to have it. Forbes McMorris Walsh (IL) NOES—186 Fortenberry Rodgers Webster RECORDED VOTE Foxx Meehan West Ms. SLAUGHTER. Madam Speaker, I Ackerman Carnahan Davis (CA) Franks (AZ) Mica Westmoreland Altmire Carney Davis (IL) Frelinghuysen Miller (FL) Whitfield demand a recorded vote. Andrews Carson (IN) DeFazio Gallegly Miller (MI) Wilson (SC) A recorded vote was ordered. Baca Castor (FL) DeGette Gardner Miller, Gary Wittman The SPEAKER pro tempore. This Baldwin Chandler DeLauro Barber Chu Deutch Garrett Mulvaney Wolf will be a 5-minute vote. Gerlach Murphy (PA) Womack Barrow Cicilline Dicks Gibbs Myrick Woodall The vote was taken by electronic de- Bass (CA) Clarke (MI) Doggett Gibson Neugebauer Yoder vice, and there were—ayes 238, noes 186, Becerra Clarke (NY) Donnelly (IN) Gingrey (GA) Noem Young (AK) not voting 6, as follows: Berkley Clay Doyle Gohmert Nugent Young (FL) Berman Cleaver Edwards Goodlatte Nunes Young (IN) [Roll No. 541] Bishop (GA) Clyburn Ellison AYES—238 Bishop (NY) Cohen Engel NAYS—183 Blumenauer Connolly (VA) Farr Adams Barton (TX) Bonner Bonamici Conyers Fattah Ackerman Berkley Brown (FL) Aderholt Bass (NH) Bono Mack Boren Cooper Filner Altmire Berman Butterfield Alexander Benishek Boustany Boswell Costa Frank (MA) Andrews Bishop (GA) Capps Amash Berg Brady (TX) Brady (PA) Costello Fudge Baca Bishop (NY) Capuano Amodei Biggert Brooks Braley (IA) Courtney Garamendi Baldwin Blumenauer Carnahan Austria Bilbray Broun (GA) Brown (FL) Critz Gonzalez Barber Bonamici Carney Bachmann Bilirakis Buchanan Butterfield Crowley Green, Al Barrow Boswell Carson (IN) Bachus Bishop (UT) Bucshon Capps Cuellar Green, Gene Bass (CA) Brady (PA) Castor (FL) Barletta Black Buerkle Capuano Cummings Grijalva Becerra Braley (IA) Chandler Bartlett Blackburn Burgess

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13080 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Gutierrez Matheson Ryan (OH) Coble Jenkins Quayle Hochul Michaud Schakowsky Hahn Matsui Sa´ nchez, Linda Coffman (CO) Johnson (IL) Reed Holden Miller (NC) Schiff Hanabusa McCarthy (NY) T. Cole Johnson (OH) Rehberg Holt Miller, George Schrader Hastings (FL) McCollum Sanchez, Loretta Conaway Johnson, Sam Reichert Honda Moore Schwartz Heinrich McDermott Sarbanes Cravaack Jones Renacci Hoyer Moran Scott (VA) Higgins McGovern Schakowsky Crawford Jordan Ribble Israel Murphy (CT) Scott, David Himes McNerney Schiff Crenshaw Kelly Rigell Jackson Lee Nadler Serrano Hinchey Meeks Schrader Culberson King (IA) Rivera (TX) Napolitano Sewell Hinojosa Michaud Schwartz Johnson (GA) Neal Denham King (NY) Roby Sherman Hirono Miller (NC) Scott (VA) Johnson, E. B. Olver Dent Kingston Roe (TN) Shuler Hochul Miller, George Scott, David DesJarlais Kinzinger (IL) Kaptur Owens Rogers (AL) Sires Holden Moore Serrano Diaz-Balart Kline Keating Pallone Rogers (KY) Slaughter Holt Moran Sewell Dold Labrador Kildee Pascrell Rogers (MI) Smith (WA) Honda Murphy (CT) Sherman Dreier Lamborn Kind Pastor (AZ) Rohrabacher Speier Hoyer Nadler Shuler Duffy Lance Rokita Kissell Pelosi Israel Napolitano Stark Sires Duncan (SC) Landry Rooney Kucinich Perlmutter Jackson Lee Neal Slaughter Langevin Peters Sutton Duncan (TN) Lankford Ros-Lehtinen (TX) Olver Smith (WA) Larsen (WA) Peterson Thompson (CA) Ellmers Latham Roskam Johnson (GA) Owens Speier Larson (CT) Pingree (ME) Thompson (MS) Emerson LaTourette Ross (FL) Johnson, E. B. Pallone Stark Lee (CA) Polis Tierney Farenthold Latta Royce Kaptur Pascrell Sutton Levin Price (NC) Tonko Fincher Lewis (CA) Runyan Keating Pastor (AZ) Thompson (CA) Lewis (GA) Quigley Towns Fitzpatrick LoBiondo Ryan (WI) Kildee Pelosi Thompson (MS) Flake Long Lipinski Rahall Tsongas Kind Perlmutter Tierney Scalise Loebsack Rangel Fleischmann Lucas Schilling Van Hollen Kissell Peters Tonko Lofgren, Zoe Reyes ´ Fleming Luetkemeyer Schmidt Velazquez Kucinich Peterson Towns Flores Lummis Lowey Richardson Visclosky Langevin Pingree (ME) Tsongas Schock Luja´ n Richmond Forbes Lungren, Daniel Schweikert Walz (MN) Larsen (WA) Polis Van Hollen Fortenberry E. Lynch Ross (AR) ´ Scott (SC) Wasserman Larson (CT) Price (NC) Velazquez Foxx Mack Maloney Rothman (NJ) Scott, Austin Schultz Lee (CA) Quigley Visclosky Franks (AZ) Manzullo Markey Roybal-Allard Sensenbrenner Waters Levin Rahall Walz (MN) Frelinghuysen Marchant Matsui Ruppersberger Sessions Watt Lewis (GA) Rangel Wasserman Gallegly Marino McCarthy (NY) Rush Shimkus Waxman Lipinski Reyes Schultz Gardner Matheson McCollum Ryan (OH) Shuster ´ Welch Loebsack Richardson Waters Garrett McCarthy (CA) McDermott Sanchez, Linda Simpson Wilson (FL) Lofgren, Zoe Richmond Watt Gerlach McCaul McGovern T. Smith (NE) Woolsey Lowey Ross (AR) Waxman Gibbs McClintock McNerney Sanchez, Loretta ´ Lujan Rothman (NJ) Welch Gibson McHenry Smith (NJ) Meeks Sarbanes Yarmuth Lynch Roybal-Allard Wilson (FL) Smith (TX) Gingrey (GA) McIntyre NOT VOTING—6 Maloney Ruppersberger Woolsey Gohmert McKeon Southerland Markey Rush Yarmuth Goodlatte McMorris Stearns Akin Dingell Jackson (IL) Stivers Cardoza Gutierrez McKinley NOT VOTING—6 Gosar Rodgers Gowdy Meehan Stutzman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Akin Dingell Jackson (IL) Granger Mica Sullivan Cardoza Eshoo Jordan Graves (GA) Miller (FL) Terry The SPEAKER pro tempore (during Graves (MO) Miller (MI) Thompson (PA) the vote). There are 2 minutes remain- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Thornberry Griffin (AR) Miller, Gary ing. The SPEAKER pro tempore (Mr. Griffith (VA) Mulvaney Tiberi Tipton WOMACK) (during the vote). There are 2 Grimm Murphy (PA) Turner (NY) b 1420 minutes remaining. Guinta Myrick Guthrie Neugebauer Turner (OH) So the resolution, as amended, was Hall Noem Upton agreed to. b 1411 Hanna Nugent Walberg Harper Nunes Walden The result of the vote was announced Mr. BOREN changed his vote from Harris Nunnelee Walsh (IL) as above recorded. ‘‘aye’’ to ‘‘no.’’ Hartzler Olson Webster A motion to reconsider was laid on So the amendment was agreed to. Hastings (WA) Palazzo West the table. The result of the vote was announced Hayworth Paul Westmoreland Heck Paulsen Whitfield f as above recorded. Hensarling Pearce Wilson (SC) The SPEAKER pro tempore. The Herger Pence Wittman MESSAGE FROM THE SENATE question is on the resolution, as Herrera Beutler Petri Wolf A message from the Senate by Ms. Huelskamp Pitts Womack amended. Huizenga (MI) Platts Woodall Curtis, one of its clerks, announced The question was taken; and the Hultgren Poe (TX) Yoder that the Senate has agreed to a concur- Speaker pro tempore announced that Hunter Pompeo Young (AK) rent resolution of the following title in the ayes appeared to have it. Hurt Posey Young (FL) Issa Price (GA) Young (IN) which the concurrence of the House is RECORDED VOTE requested: Ms. SLAUGHTER. Mr. Speaker, I de- NOES—184 S. Con. Res. 55. Concurrent resolution di- mand a recorded vote. Ackerman Chandler Doggett recting the Clerk of the House of Representa- A recorded vote was ordered. Altmire Chu Donnelly (IN) tives to make a correction in the enrollment The SPEAKER pro tempore. This is a Andrews Cicilline Doyle of H.R. 1627. Baca Clarke (MI) Edwards f 5-minute vote. Baldwin Clarke (NY) Ellison The vote was taken by electronic de- Barber Clay Engel CORRECTING THE ENROLLMENT vice, and there were—ayes 240, noes 184, Barrow Cleaver Eshoo Bass (CA) Clyburn Farr OF H.R. 1627 not voting 6, as follows: Becerra Cohen Fattah Mr. MILLER of Florida. Mr. Speaker, [Roll No. 542] Berkley Connolly (VA) Filner Berman Conyers Frank (MA) I ask unanimous consent to take from AYES—240 Bishop (GA) Cooper Fudge the Speaker’s table the concurrent res- Adams Biggert Bucshon Bishop (NY) Costa Garamendi olution (S. Con. Res. 55) directing the Aderholt Bilbray Buerkle Blumenauer Costello Gonzalez Clerk of the House of Representatives Alexander Bilirakis Burgess Bonamici Courtney Green, Al Amash Bishop (UT) Burton (IN) Boswell Critz Green, Gene to make a correction in the enrollment Amodei Black Calvert Brady (PA) Crowley Grijalva of H.R. 1627, and ask for its immediate Austria Blackburn Camp Braley (IA) Cuellar Hahn consideration in the House. Bachmann Bonner Campbell Brown (FL) Cummings Hanabusa Bachus Bono Mack Canseco Butterfield Davis (CA) Hastings (FL) The Clerk read the title of the con- Barletta Boren Cantor Capps Davis (IL) Heinrich current resolution. Bartlett Boustany Capito Capuano DeFazio Higgins The SPEAKER pro tempore. Is there Barton (TX) Brady (TX) Carter Carnahan DeGette Himes objection to the request of the gen- Bass (NH) Brooks Cassidy Carney DeLauro Hinchey Benishek Broun (GA) Chabot Carson (IN) Deutch Hinojosa tleman from Florida? Berg Buchanan Chaffetz Castor (FL) Dicks Hirono There was no objection.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13081 The text of the concurrent resolution There was no objection. Sec. 205. Modification of waiver standard under the Iran Sanctions Act of 1996. is as follows: f Sec. 206. Briefings on implementation of the S. CON. RES. 55 ANNOUNCEMENT BY THE SPEAKER Iran Sanctions Act of 1996. Resolved by the Senate (the House of Rep- PRO TEMPORE Sec. 207. Expansion of definitions under the resentatives concurring), That, in the enroll- Iran Sanctions Act of 1996. ment of the bill (H.R. 1627) an Act to amend The SPEAKER pro tempore. Pursu- Sec. 208. Sense of Congress on energy sector of title 38, United States Code, to furnish hos- ant to clause 8 of rule XX, the Chair Iran. pital care and medical services to veterans will postpone further proceedings who were stationed at Camp Lejeune, North Subtitle B—Additional Measures Relating to today on motions to suspend the rules Sanctions Against Iran Carolina, while the water was contaminated on which a recorded vote or the yeas at Camp Lejeune, to improve the provision of Sec. 211. Imposition of sanctions with respect to housing assistance to veterans and their and nays are ordered, or on which the the provision of vessels or ship- families, and for other purposes, the Clerk of vote incurs objection under clause 6 of ping services to transport certain the House of Representatives shall make the rule XX. goods related to proliferation or following correction: in section 201, strike Record votes on postponed questions terrorism activities to Iran. ‘‘Andrew Connelly’’ and insert ‘‘Andrew Con- will be taken later. Sec. 212. Imposition of sanctions with respect to provision of underwriting services nolly’’. f The concurrent resolution was con- or insurance or reinsurance for IRAN THREAT REDUCTION AND the National Iranian Oil Com- curred in. SYRIA HUMAN RIGHTS ACT OF 2012 pany or the National Iranian A motion to reconsider was laid on Tanker Company. the table. Ms. ROS-LEHTINEN. Mr. Speaker, I Sec. 213. Imposition of sanctions with respect to f move to suspend the rules and agree to purchase, subscription to, or fa- the resolution (H. Res. 750) providing cilitation of the issuance of Ira- PRESENTATION OF CONGRES- for the concurrence by the House in the nian sovereign debt. SIONAL GOLD MEDAL TO DAW Senate amendment to H.R. 1905, with Sec. 214. Imposition of sanctions with respect to AUNG SAN SUU KYI an amendment. subsidiaries and agents of persons Mr. DANIEL E. LUNGREN of Cali- The Clerk read the title of the resolu- sanctioned by United Nations Se- fornia. Mr. Speaker, I ask unanimous tion. curity Council resolutions. Sec. 215. Imposition of sanctions with respect to consent that the Committee on House The text of the resolution is as fol- transactions with persons sanc- Administration be discharged from fur- lows: tioned for certain activities relat- ther consideration of the concurrent H. RES. 750 ing to terrorism or proliferation of resolution (H. Con. Res. 135) author- Resolved, That upon the adoption of this weapons of mass destruction. izing the use of the rotunda of the Cap- resolution the bill (H.R. 1905) entitled ‘‘An Sec. 216. Expansion of, and reports on, manda- itol for the presentation of the Con- Act to strengthen Iran sanctions laws for the tory sanctions with respect to fi- gressional Gold Medal to Daw Aung purpose of compelling Iran to abandon its nancial institutions that engage San Suu Kyi, in recognition of her pursuit of nuclear weapons and other threat- in certain activities relating to Iran. leadership and perseverance in the ening activities, and for other purposes.’’, with the Senate amendment thereto, shall be Sec. 217. Continuation in effect of sanctions struggle for freedom and democracy in considered to have been taken from the with respect to the Government of Burma, and ask for its immediate con- Speaker’s table to the end that the Senate Iran, the Central Bank of Iran, sideration in the House. amendment thereto be, and the same is here- and sanctions evaders. The Clerk read the title of the con- by, agreed to with the following amendment: Sec. 218. Liability of parent companies for vio- current resolution. In lieu of the matter proposed to be in- lations of sanctions by foreign The SPEAKER pro tempore. Is there serted by the amendment of the Senate, in- subsidiaries. objection to the request of the gen- sert the following: Sec. 219. Disclosures to the Securities and Ex- change Commission relating to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tleman from California? sanctionable activities. (a) SHORT TITLE.—This Act may be cited as There was no objection. Sec. 220. Reports on, and authorization of im- the ‘‘Iran Threat Reduction and Syria Human The text of the concurrent resolution position of sanctions with respect Rights Act of 2012’’. is as follows: to, the provision of specialized fi- (b) TABLE OF CONTENTS.—The table of con- H. CON. RES. 135 nancial messaging services to the tents for this Act is as follows: Resolved by the House of Representatives (the Central Bank of Iran and other Sec. 1. Short title; table of contents. Senate concurring), sanctioned Iranian financial in- Sec. 2. Definitions. SECTION 1. USE OF ROTUNDA FOR PRESEN- stitutions. TATION OF CONGRESSIONAL GOLD TITLE I—EXPANSION OF MULTILATERAL Sec. 221. Identification of, and immigration re- MEDAL TO DAW AUNG SAN SUU KYI. SANCTIONS REGIME WITH RESPECT TO strictions on, senior officials of The rotunda of the Capitol is authorized to IRAN the Government of Iran and their be used on September 19, 2012, for the presen- Sec. 101. Sense of Congress on enforcement of family members. tation of the Congressional Gold Medal to multilateral sanctions regime and Sec. 222. Sense of Congress and rule of con- Daw Aung San Suu Kyi, in recognition of her expansion and implementation of struction relating to certain au- leadership and perseverance in the struggle sanctions laws. thorities of State and local gov- for freedom and democracy in Burma. Phys- Sec. 102. Diplomatic efforts to expand multilat- ernments. ical preparations for the ceremony shall be eral sanctions regime. Sec. 223. Government Accountability Office re- carried out in accordance with such condi- TITLE II—EXPANSION OF SANCTIONS RE- port on foreign entities that invest tions as the Architect of the Capitol may LATING TO THE ENERGY SECTOR OF in the energy sector of Iran or ex- prescribe. IRAN AND PROLIFERATION OF WEAPONS port refined petroleum products to The concurrent resolution was agreed OF MASS DESTRUCTION BY IRAN Iran. Sec. 224. Reporting on the importation to and to. Subtitle A—Expansion of the Iran Sanctions Act exportation from Iran of crude oil A motion to reconsider was laid on of 1996 and refined petroleum products. the table. Sec. 201. Expansion of sanctions with respect to TITLE III—SANCTIONS WITH RESPECT TO the energy sector of Iran. f IRAN’S REVOLUTIONARY GUARD CORPS Sec. 202. Imposition of sanctions with respect to HOUR OF MEETING ON TOMORROW transportation of crude oil from Subtitle A—Identification of, and Sanctions With Respect to, Officials, Agents, Affiliates, Ms. ROS-LEHTINEN. Mr. Speaker, I Iran and evasion of sanctions by shipping companies. and Supporters of Iran’s Revolutionary Guard ask unanimous consent that when the Corps and Other Sanctioned Persons House adjourns today, it adjourn to Sec. 203. Expansion of sanctions with respect to development by Iran of weapons Sec. 301. Identification of, and imposition of meet at 9 a.m. tomorrow. of mass destruction. sanctions with respect to, offi- The SPEAKER pro tempore. Is there Sec. 204. Expansion of sanctions available cials, agents, and affiliates of objection to the request of the gentle- under the Iran Sanctions Act of Iran’s Revolutionary Guard woman from Florida? 1996. Corps.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00027 Fmt 0688 Sfmt 6343 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13082 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Sec. 302. Identification of, and imposition of Sec. 507. Sense of Congress on exportation of sanctions imposed or expanded by this Act or sanctions with respect to, persons goods, services, and technologies amendments made by this Act, through— that support or conduct certain for aircraft produced in the (A) intensified monitoring by the President transactions with Iran’s Revolu- United States. and the designees of the President, including tionary Guard Corps or other TITLE VI—GENERAL PROVISIONS the Secretary of the Treasury, the Secretary of sanctioned persons. State, and senior officials in the intelligence Sec. 601. Implementation; penalties. Sec. 303. Identification of, and imposition of community (as defined in section 3(4) of the Na- Sec. 602. Applicability to certain intelligence measures with respect to, foreign tional Security Act of 1947 (50 U.S.C. 401a(4)), activities. government agencies carrying out Sec. 603. Applicability to certain natural gas as appropriate; activities or transactions with cer- projects. (B) more extensive use of extraordinary au- tain Iran-affiliated persons. Sec. 604. Rule of construction with respect to thorities provided for under the International Sec. 304. Rule of construction. use of force against Iran and Emergency Economic Powers Act (50 U.S.C. 1701 Subtitle B—Additional Measures Relating to Syria. et seq.) and other sanctions laws; Iran’s Revolutionary Guard Corps Sec. 605. Termination. (C) reallocation of resources to provide the personnel necessary, within the Department of Sec. 311. Expansion of procurement prohibition TITLE VII—SANCTIONS WITH RESPECT TO the Treasury, the Department of State, and the to foreign persons that engage in HUMAN RIGHTS ABUSES IN SYRIA Department of Commerce, and, where appro- certain transactions with Iran’s Sec. 701. Short title. priate, the intelligence community, to apply and Revolutionary Guard Corps. Sec. 702. Imposition of sanctions with respect to enforce sanctions; and Sec. 312. Determinations of whether the Na- certain persons who are respon- (D) expanded cooperation with international tional Iranian Oil Company and sible for or complicit in human sanctions enforcement efforts; the National Iranian Tanker rights abuses committed against (3) urgent consideration of the expansion of Company are agents or affiliates citizens of Syria or their family existing sanctions with respect to such areas of Iran’s Revolutionary Guard members. as— Corps. Sec. 703. Imposition of sanctions with respect to (A) the provision of energy-related services to TITLE IV—MEASURES RELATING TO the transfer of goods or tech- Iran; HUMAN RIGHTS ABUSES IN IRAN nologies to Syria that are likely to (B) the provision of insurance and reinsur- Subtitle A—Expansion of Sanctions Relating to be used to commit human rights ance services to Iran; Human Rights Abuses in Iran abuses. (C) the provision of shipping services to Iran; Sec. 401. Imposition of sanctions on certain per- Sec. 704. Imposition of sanctions with respect to and sons responsible for or complicit persons who engage in censorship (D) those Iranian financial institutions not in human rights abuses committed or other forms of repression in yet designated for the imposition of sanctions against citizens of Iran or their Syria. that may be acting as intermediaries for Iranian family members after the June 12, Sec. 705. Waiver. financial institutions that are designated for the 2009, elections in Iran. Sec. 706. Termination. imposition of sanctions; and Sec. 402. Imposition of sanctions with respect to SEC. 2. DEFINITIONS. (4) a focus on countering Iran’s efforts to the transfer of goods or tech- Except as otherwise specifically provided, in evade sanctions, including— nologies to Iran that are likely to this Act: (A) the activities of telecommunications, Inter- be used to commit human rights (1) APPROPRIATE CONGRESSIONAL COMMIT- net, and satellite service providers, in and out- abuses. TEES.—The term ‘‘appropriate congressional side of Iran, to ensure that such providers are Sec. 403. Imposition of sanctions with respect to committees’’ has the meaning given that term in not participating in or facilitating, directly or persons who engage in censorship section 14 of the Iran Sanctions Act of 1996 indirectly, the evasion of the sanctions regime or other related activities against (Public Law 104–172; 50 U.S.C. 1701 note). with respect to Iran or violations of the human citizens of Iran. (2) FINANCIAL TRANSACTION.—The term ‘‘fi- rights of the people of Iran; (B) the activities of financial institutions or Subtitle B—Additional Measures to Promote nancial transaction’’ means any transfer of other businesses or government agencies, in or Human Rights value involving a financial institution, including the transfer of forwards, futures, options, outside of Iran, not yet designated for the impo- Sec. 411. Codification of sanctions with respect swaps, or precious metals, including gold, silver, sition of sanctions; and to grave human rights abuses by platinum, and palladium. (C) urgent and ongoing evaluation of Iran’s the governments of Iran and (3) KNOWINGLY.—The term ‘‘knowingly’’ has energy, national security, financial, and tele- Syria using information tech- the meaning given that term in section 14 of the communications sectors, to gauge the effects of, nology. Iran Sanctions Act of 1996 (Public Law 104–172; and possible defects in, particular sanctions, Sec. 412. Clarification of sensitive technologies 50 U.S.C. 1701 note). with prompt efforts to correct any gaps in the for purposes of procurement ban (4) UNITED STATES PERSON.—The term ‘‘United existing sanctions regime with respect to Iran. under Comprehensive Iran Sanc- States person’’ has the meaning given that term SEC. 102. DIPLOMATIC EFFORTS TO EXPAND MUL- tions, Accountability, and Divest- in section 101 of the Comprehensive Iran Sanc- TILATERAL SANCTIONS REGIME. ment Act of 2010. tions, Accountability, and Divestment Act of (a) MULTILATERAL NEGOTIATIONS.—Congress Sec. 413. Expedited consideration of requests for 2010 (22 U.S.C. 8511). urges the President to intensify diplomatic ef- authorization of certain human TITLE I—EXPANSION OF MULTILATERAL forts, both in appropriate international fora rights-, humanitarian-, and de- such as the United Nations and bilaterally with mocracy-related activities with re- SANCTIONS REGIME WITH RESPECT TO IRAN allies of the United States, for the purpose of— spect to Iran. (1) expanding the United Nations Security SEC. 101. SENSE OF CONGRESS ON ENFORCE- Sec. 414. Comprehensive strategy to promote Council sanctions regime to include— Internet freedom and access to in- MENT OF MULTILATERAL SANC- TIONS REGIME AND EXPANSION AND (A) a prohibition on the issuance of visas to formation in Iran. any official of the Government of Iran who is Sec. 415. Statement of policy on political pris- IMPLEMENTATION OF SANCTIONS LAWS. involved in— oners. It is the sense of Congress that the goal of (i) human rights violations in or outside of TITLE V—MISCELLANEOUS compelling Iran to abandon efforts to acquire a Iran; Sec. 501. Exclusion of citizens of Iran seeking nuclear weapons capability and other threat- (ii) the development of a nuclear weapons pro- education relating to the nuclear ening activities can be effectively achieved gram and a ballistic missile capability in Iran; and energy sectors of Iran. through a comprehensive policy that includes or Sec. 502. Interests in certain financial assets of economic sanctions, diplomacy, and military (iii) support by the Government of Iran for Iran. planning, capabilities and options, and that this terrorist organizations, including Hamas and Sec. 503. Technical correction to section 1245 of objective is consistent with the one stated by Hezbollah; and the National Defense Authoriza- President Barack Obama in the 2012 State of the (B) a requirement that each member country tion Act for Fiscal Year 2012. Union Address: ‘‘Let there be no doubt: America of the United Nations— Sec. 504. Expansion of sanctions under section is determined to prevent Iran from getting a nu- (i) prohibit the Islamic Republic of Iran Ship- 1245 of the National Defense Au- clear weapon, and I will take no options off the ping Lines from landing at seaports, and cargo thorization Act for Fiscal Year table to achieve that goal’’. Among the economic flights of Iran Air from landing at airports, in 2012. measures to be taken are— that country because of the role of those organi- Sec. 505. Reports on natural gas exports from (1) prompt enforcement of the current multi- zations in proliferation and illegal arms sales; Iran. lateral sanctions regime with respect to Iran; and Sec. 506. Report on membership of Iran in inter- (2) full, timely, and vigorous implementation (ii) apply the prohibitions described in clause national organizations. of all sanctions enacted into law, including (i) to other Iranian entities designated for the

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00028 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13083 imposition of sanctions on or after the date of associated infrastructure, including construc- ‘‘(i) ability to develop petroleum resources lo- the enactment of this Act; tion of port facilities, railways, and roads, the cated in Iran; or (2) expanding the range of sanctions imposed primary use of which is to support the delivery ‘‘(ii) domestic production of refined petroleum with respect to Iran by allies of the United of refined petroleum products’’; products, including any direct and significant States; (4) in paragraph (3)— assistance with respect to the construction, mod- (3) expanding efforts to limit the development (A) in subparagraph (A)— ernization, or repair of petroleum refineries or of petroleum resources and the importation of (i) by striking ‘‘3 or more’’ and inserting ‘‘5 or directly associated infrastructure, including refined petroleum products by Iran; more’’; and construction of port facilities, railways, and (4) developing additional initiatives to— (ii) by striking ‘‘the Comprehensive Iran Sanc- roads, the primary use of which is to support (A) increase the production of crude oil in tions, Accountability, and Divestment Act of the delivery of refined petroleum products. countries other than Iran; and 2010’’ and inserting ‘‘the Iran Threat Reduction ‘‘(6) DEVELOPMENT AND PURCHASE OF PETRO- (B) assist countries that purchase or otherwise and Syria Human Rights Act of 2012’’; and CHEMICAL PRODUCTS FROM IRAN.— obtain crude oil or petroleum products from Iran (B) in subparagraph (B)— ‘‘(A) IN GENERAL.—Except as provided in sub- to eliminate their dependence on crude oil and (i) in clause (ii), by striking ‘‘; or’’ and insert- section (f), the President shall impose 5 or more petroleum products from Iran; and ing a semicolon; of the sanctions described in section 6(a) with (5) eliminating the revenue generated by the (ii) in clause (iii), by striking the period at the respect to a person if the President determines Government of Iran from the sale of petro- end and inserting a semicolon; and that the person knowingly, on or after the date chemical products produced in Iran to other (iii) by adding at the end the following: of the enactment of the Iran Threat Reduction countries. ‘‘(iv) bartering or contracting by which goods and Syria Human Rights Act of 2012, sells, (b) REPORTS TO CONGRESS.—Not later than 180 are exchanged for goods, including the insur- leases, or provides to Iran goods, services, tech- days after the date of the enactment of this Act, ance or reinsurance of such exchanges; or nology, or support described in subparagraph and every 180 days thereafter, the President ‘‘(v) purchasing, subscribing to, or facilitating (B)— shall submit to the appropriate congressional the issuance of sovereign debt of the Govern- ‘‘(i) any of which has a fair market value of committees a report on the extent to which dip- ment of Iran, including governmental bonds, $250,000 or more; or lomatic efforts described in subsection (a) have issued on or after the date of the enactment of ‘‘(ii) that, during a 12-month period, have an been successful that includes— the Iran Threat Reduction and Syria Human aggregate fair market value of $1,000,000 or (1) an identification of the countries that have Rights Act of 2012.’’; and more. agreed to impose sanctions or take other meas- (5) by adding at the end the following: ‘‘(B) GOODS, SERVICES, TECHNOLOGY, OR SUP- ures to further the policy set forth in subsection ‘‘(4) JOINT VENTURES WITH IRAN RELATING TO PORT DESCRIBED.—Goods, services, technology, (a); DEVELOPING PETROLEUM RESOURCES.— or support described in this subparagraph are (2) the extent of the implementation and en- ‘‘(A) IN GENERAL.—Except as provided in sub- goods, services, technology, or support that forcement of those sanctions or other measures paragraph (B) or subsection (f), the President could directly and significantly contribute to by those countries; shall impose 5 or more of the sanctions described the maintenance or expansion of Iran’s domestic (3) the criteria the President uses to determine production of petrochemical products.’’. whether a country has significantly reduced its in section 6(a) with respect to a person if the President determines that the person knowingly SEC. 202. IMPOSITION OF SANCTIONS WITH RE- crude oil purchases from Iran pursuant to sec- SPECT TO TRANSPORTATION OF tion 1245(d)(4)(D) of the National Defense Au- participates, on or after the date of the enactment of the Iran Threat Reduction and Syria CRUDE OIL FROM IRAN AND EVA- thorization Act for Fiscal Year 2012, as amended SION OF SANCTIONS BY SHIPPING by section 504, including considerations of re- Human Rights Act of 2012, in a joint venture COMPANIES. ductions both in terms of volume and price; with respect to the development of petroleum re- (a) IN GENERAL.—Section 5(a) of the Iran (4) an identification of the countries that have sources outside of Iran if— Sanctions Act of 1996, as amended by section not agreed to impose such sanctions or meas- ‘‘(i) the joint venture is established on or after 201, is further amended by adding at the end the ures, including such countries granted excep- January 1, 2002; and following: tions for significant reductions in crude oil pur- ‘‘(ii)(I) the Government of Iran is a substan- ‘‘(7) TRANSPORTATION OF CRUDE OIL FROM chases pursuant to such section 1245(d)(4)(D); tial partner or investor in the joint venture; or IRAN.— (5) recommendations for additional measures ‘‘(II) Iran could, through a direct operational ‘‘(A) IN GENERAL.—Except as provided in sub- that the United States could take to further dip- role in the joint venture or by other means, re- section (f), the President shall impose 5 or more lomatic efforts described in subsection (a); and ceive technological knowledge or equipment not of the sanctions described in section 6(a) with (6) the disposition of any decision with respect previously available to Iran that could directly respect to a person if the President determines to sanctions imposed with respect to Iran by the and significantly contribute to the enhancement that— World Trade Organization or its predecessor or- of Iran’s ability to develop petroleum resources ‘‘(i) the person is a controlling beneficial ganization. in Iran. owner of, or otherwise owns, operates, or con- TITLE II—EXPANSION OF SANCTIONS RE- ‘‘(B) APPLICABILITY.—Subparagraph (A) shall trols, or insures, a vessel that, on or after the LATING TO THE ENERGY SECTOR OF not apply with respect to participation in a joint date that is 90 days after the date of the enact- IRAN AND PROLIFERATION OF WEAPONS venture established on or after January 1, 2002, ment of the Iran Threat Reduction and Syria OF MASS DESTRUCTION BY IRAN and before the date of the enactment of the Iran Human Rights Act of 2012, was used to trans- Threat Reduction and Syria Human Rights Act Subtitle A—Expansion of the Iran Sanctions port crude oil from Iran to another country; and of 2012, if the person participating in the joint ‘‘(ii)(I) in the case of a person that is a con- Act of 1996 venture terminates that participation not later trolling beneficial owner of the vessel, the per- SEC. 201. EXPANSION OF SANCTIONS WITH RE- than the date that is 180 days after such date of son had actual knowledge the vessel was so SPECT TO THE ENERGY SECTOR OF enactment. IRAN. used; or ‘‘(5) SUPPORT FOR THE DEVELOPMENT OF PE- ‘‘(II) in the case of a person that otherwise Section 5(a) of the Iran Sanctions Act of 1996 TROLEUM RESOURCES AND REFINED PETROLEUM owns, operates, or controls, or insures, the ves- (Public Law 104–172; 50 U.S.C. 1701 note) is PRODUCTS IN IRAN.— sel, the person knew or should have known the amended— ‘‘(A) IN GENERAL.—Except as provided in sub- (1) in the subsection heading, by striking vessel was so used. section (f), the President shall impose 5 or more ‘‘(B) APPLICABILITY OF SANCTIONS.— ‘‘WITH RESPECT TO’’ and all that follows of the sanctions described in section 6(a) with ‘‘(i) IN GENERAL.—Except as provided in through ‘‘TO IRAN’’ and inserting ‘‘RELATING TO respect to a person if the President determines clause (ii), subparagraph (A) shall apply with THE ENERGY SECTOR OF IRAN’’; (2) in paragraph (1)(A)— that the person knowingly, on or after the date respect to the transportation of crude oil from (A) by striking ‘‘3 or more’’ and inserting ‘‘5 of the enactment of the Iran Threat Reduction Iran only if a determination of the President or more’’; and and Syria Human Rights Act of 2012, sells, under section 1245(d)(4)(B) of the National De- (B) by striking ‘‘the Comprehensive Iran leases, or provides to Iran goods, services, tech- fense Authorization Act for Fiscal Year 2012 (22 Sanctions, Accountability, and Divestment Act nology, or support described in subparagraph U.S.C. 8513a(d)(4)(B)) that there is a sufficient of 2010’’ and inserting ‘‘the Iran Threat Reduc- (B)— supply of petroleum and petroleum products tion and Syria Human Rights Act of 2012’’; ‘‘(i) any of which has a fair market value of produced in countries other than Iran to permit (3) in paragraph (2)— $1,000,000 or more; or purchasers of petroleum and petroleum products (A) in subparagraph (A)— ‘‘(ii) that, during a 12-month period, have an from Iran to reduce significantly their pur- (i) by striking ‘‘3 or more’’ and inserting ‘‘5 or aggregate fair market value of $5,000,000 or chases from Iran is in effect at the time of the more’’; and more. transportation of the crude oil. (ii) by striking ‘‘the Comprehensive Iran Sanc- ‘‘(B) GOODS, SERVICES, TECHNOLOGY, OR SUP- ‘‘(ii) EXCEPTION FOR CERTAIN COUNTRIES.— tions, Accountability, and Divestment Act of PORT DESCRIBED.—Goods, services, technology, Subparagraph (A) shall not apply with respect 2010’’ and inserting ‘‘the Iran Threat Reduction or support described in this subparagraph are to the transportation of crude oil from Iran to a and Syria Human Rights Act of 2012’’; and goods, services, technology, or support that country to which the exception under para- (B) in subparagraph (B), by inserting before could directly and significantly contribute to graph (4)(D) of section 1245(d) of the National the period at the end the following: ‘‘or directly the maintenance or enhancement of Iran’s— Defense Authorization Act for Fiscal Year 2012

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00029 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13084 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 (22 U.S.C. 8513a(d)) to the imposition of sanc- ance or reinsurance for the transportation of knowledge or equipment not previously avail- tions under paragraph (1) of that section applies crude oil or refined petroleum products from able to Iran that could contribute materially to at the time of the transportation of the crude Iran in a manner for which sanctions may be the ability of Iran to develop nuclear weapons oil. imposed under either such paragraph.’’. or related technologies. ‘‘(8) CONCEALING IRANIAN ORIGIN OF CRUDE OIL (b) REGULATIONS AND GUIDELINES.—Not later ‘‘(B) APPLICABILITY OF SANCTIONS.—Subpara- AND REFINED PETROLEUM PRODUCTS.— than 90 days after the date of the enactment of graph (A) shall not apply with respect to par- ‘‘(A) IN GENERAL.—Except as provided in sub- this Act, the President shall prescribe such regu- ticipation in a joint venture established before section (f), the President shall impose 5 or more lations or guidelines as are necessary to imple- the date of the enactment of the Iran Threat Re- of the sanctions described in section 6(a) with ment paragraphs (7), (8), and (9) of section 5(a) duction and Syria Human Rights Act of 2012 if respect to a person if the President determines of the Iran Sanctions Act of 1996, as added by the person participating in the joint venture ter- that the person is a controlling beneficial this section, including such regulations or minates that participation not later than the owner, or otherwise owns, operates, or controls, guidelines as are necessary to implement sub- date that is 180 days after such date of enact- a vessel that, on or after the date that is 90 days paragraph (B) of such paragraph (8). ment.’’. after the date of the enactment of the Iran SEC. 203. EXPANSION OF SANCTIONS WITH RE- (b) CONFORMING AMENDMENTS.—The Iran Threat Reduction and Syria Human Rights Act SPECT TO DEVELOPMENT BY IRAN Sanctions Act of 1996, as amended by this sec- of 2012, is used, with actual knowledge in the OF WEAPONS OF MASS DESTRUC- tion and sections 201 and 202, is further amend- case of a person that is a controlling beneficial TION. ed— owner or knowingly in the case of a person that (a) IN GENERAL.—Section 5(b) of the Iran (1) in section 5— otherwise owns, operates, or controls the vessel, Sanctions Act of 1996 (Public Law 104–172; 50 (A) in paragraph (3) of subsection (b), as rein a manner that conceals the Iranian origin of U.S.C. 1701 note) is amended— designated by subsection (a)(1) of this section— crude oil or refined petroleum products trans- (1) by redesignating paragraph (2) as para- (i) by striking ‘‘paragraph (1)’’ each place it ported on the vessel, including by— graph (3); and appears and inserting ‘‘paragraph (1) or (2)’’; ‘‘(i) permitting the operator of the vessel to (2) by striking paragraph (1) and inserting the and suspend the operation of the vessel’s satellite following: (ii) in subparagraph (F)— tracking device; or ‘‘(1) EXPORTS, TRANSFERS, AND TRANS- (I) by striking ‘‘that paragraph’’ and insert- ‘‘(ii) obscuring or concealing the ownership, SHIPMENTS.—Except as provided in subsection ing ‘‘paragraph (1) or (2), as the case may be’’; operation, or control of the vessel by— (f), the President shall impose 5 or more of the and ‘‘(I) the Government of Iran; sanctions described in section 6(a) with respect (II) by striking ‘‘the Comprehensive Iran ‘‘(II) the National Iranian Tanker Company to a person if the President determines that the Sanctions, Accountability, and Divestment Act or the Islamic Republic of Iran Shipping Lines; person— of 2010’’ and inserting ‘‘the Iran Threat Reduc- or ‘‘(A) on or after the date of the enactment of tion and Syria Human Rights Act of 2012’’; ‘‘(III) any other entity determined by the the Iran Threat Reduction and Syria Human (B) in subsection (c)— President to be owned or controlled by the Gov- Rights Act of 2012, exported or transferred, or (i) in the matter preceding paragraph (1), by ernment of Iran or an entity specified in sub- permitted or otherwise facilitated the trans- striking ‘‘subsections (a) and (b)(1)’’ and insert- clause (II). shipment of, any goods, services, technology, or ing ‘‘subsection (a) and paragraphs (1) and (2) other items to any other person; and ‘‘(B) ADDITIONAL SANCTION.—Subject to such of subsection (b)’’; and regulations as the President may prescribe and ‘‘(B) knew or should have known that— (ii) in paragraph (1), by striking ‘‘subsection ‘‘(i) the export, transfer, or transshipment of in addition to the sanctions imposed under sub- (a) or (b)(1)’’ and inserting ‘‘subsection (a) or the goods, services, technology, or other items paragraph (A), the President may prohibit a paragraph (1) or (2) of subsection (b)’’; and would likely result in another person exporting, vessel owned, operated, or controlled by a per- (C) in subsection (f)— transferring, transshipping, or otherwise pro- son, including a controlling beneficial owner, (i) in the matter preceding paragraph (1), by viding the goods, services, technology, or other with respect to which the President has imposed striking ‘‘subsection (a) or (b)(1)’’ and inserting items to Iran; and sanctions under that subparagraph and that ‘‘subsection (a) or paragraph (1) or (2) of sub- ‘‘(ii) the export, transfer, transshipment, or was used for the activity for which the Presi- section (b)’’; and other provision of the goods, services, tech- dent imposed those sanctions from landing at a (ii) by redesignating paragraphs (6) and (7) as nology, or other items to Iran would contribute port in the United States for a period of not paragraphs (5) and (6), respectively; and materially to the ability of Iran to— more than 2 years after the date on which the (2) in section 9, by striking ‘‘section 5(a) or ‘‘(I) acquire or develop chemical, biological, or President imposed those sanctions. 5(b)(1)’’ each place it appears and inserting nuclear weapons or related technologies; or ‘‘(C) VESSELS IDENTIFIED BY THE OFFICE OF ‘‘(II) acquire or develop destabilizing numbers ‘‘subsection (a) or paragraph (1) or (2) of sub- FOREIGN ASSETS CONTROL.—For purposes of sub- and types of advanced conventional weapons. section (b) of section 5’’. paragraph (A)(ii), a person shall be deemed to ‘‘(2) JOINT VENTURES RELATING TO THE MINING, SEC. 204. EXPANSION OF SANCTIONS AVAILABLE have actual knowledge that a vessel is owned, PRODUCTION, OR TRANSPORTATION OF URA- UNDER THE IRAN SANCTIONS ACT operated, or controlled by the Government of OF 1996. NIUM.— Iran or an entity specified in subclause (II) or ‘‘(A) IN GENERAL.—Except as provided in sub- (a) IN GENERAL.—Section 6(a) of the Iran (III) of subparagraph (A)(ii) if the International paragraph (B) or subsection (f), the President Sanctions Act of 1996 (Public Law 104–172; 50 Maritime Organization vessel registration iden- shall impose 5 or more of the sanctions described U.S.C. 1701 note) is amended— tification for the vessel is— in section 6(a) with respect to a person if the (1) by redesignating paragraph (9) as para- ‘‘(i) included on a list of specially designated President determines that the person knowingly graph (12); and nationals and blocked persons maintained by participated, on or after the date of the enact- (2) by inserting after paragraph (8) the fol- the Office of Foreign Assets Control of the De- ment of the Iran Threat Reduction and Syria lowing: partment of the Treasury for activities with re- Human Rights Act of 2012, in a joint venture ‘‘(9) BAN ON INVESTMENT IN EQUITY OR DEBT spect to Iran; and that involves any activity relating to the min- OF SANCTIONED PERSON.—The President may, ‘‘(ii) identified by the Office of Foreign Assets ing, production, or transportation of uranium— pursuant to such regulations or guidelines as Control as a vessel in which the Government of ‘‘(i)(I) established on or after February 2, the President may prescribe, prohibit any Iran or any entity specified in subclause (II) or 2012; and United States person from investing in or pur- (III) of subparagraph (A)(ii) has an interest. ‘‘(II) with— chasing significant amounts of equity or debt ‘‘(D) DEFINITION OF IRANIAN ORIGIN.—For ‘‘(aa) the Government of Iran; instruments of a sanctioned person. purposes of subparagraph (A), the term ‘Iranian ‘‘(bb) an entity incorporated in Iran or subject ‘‘(10) EXCLUSION OF CORPORATE OFFICERS.— origin’ means— to the jurisdiction of the Government of Iran; or The President may direct the Secretary of State ‘‘(i) with respect to crude oil, that the crude ‘‘(cc) a person acting on behalf of or at the di- to deny a visa to, and the Secretary of Home- oil was extracted in Iran; and rection of, or owned or controlled by, the Gov- land Security to exclude from the United States, ‘‘(ii) with respect to a refined petroleum prod- ernment of Iran or an entity described in item any alien that the President determines is a cor- uct, that the refined petroleum product was pro- (bb); or porate officer or principal of, or a shareholder duced or refined in Iran. ‘‘(ii)(I) established before February 2, 2012; with a controlling interest in, a sanctioned per- ‘‘(9) EXCEPTION FOR PROVISION OF UNDER- ‘‘(II) with the Government of Iran, an entity son. WRITING SERVICES AND INSURANCE AND REINSUR- described in item (bb) of clause (i)(II), or a per- ‘‘(11) SANCTIONS ON PRINCIPAL EXECUTIVE OF- ANCE.—The President may not impose sanctions son described in item (cc) of that clause; and FICERS.—The President may impose on the prin- under paragraph (7) or (8) with respect to a per- ‘‘(III) through which— cipal executive officer or officers of any sanc- son that provides underwriting services or insur- ‘‘(aa) uranium is transferred directly to Iran tioned person, or on persons performing similar ance or reinsurance if the President determines or indirectly to Iran through a third country; functions and with similar authorities as such that the person has exercised due diligence in ‘‘(bb) the Government of Iran receives signifi- officer or officers, any of the sanctions under establishing and enforcing official policies, pro- cant revenue; or this subsection.’’. cedures, and controls to ensure that the person ‘‘(cc) Iran could, through a direct operational (b) EFFECTIVE DATE.—The amendments made does not provide underwriting services or insur- role or by other means, receive technological by subsection (a) shall take effect on the date of

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the enactment of this Act and apply with re- ‘‘(B) may include, in the discretion of the (b) PERSONS SPECIFIED.—The persons specified spect to activities described in subsections (a) President— in this subsection are— and (b) of section 5 of the Iran Sanctions Act of ‘‘(i) an announcement by the Government of (1) the person that sold, leased, or provided a 1996, as amended by this title, commenced on or Iran that the person has engaged in such an ac- vessel or provided insurance or reinsurance or after such date of enactment. tivity; or another shipping service described in subsection SEC. 205. MODIFICATION OF WAIVER STANDARD ‘‘(ii) information indicating that the person (a); and UNDER THE IRAN SANCTIONS ACT has engaged in such an activity that is set forth (2) any person that— OF 1996. in— (A) is a successor entity to the person referred Section 9(c) of the Iran Sanctions Act of 1996, ‘‘(I) a report of the Government Account- to in paragraph (1); as amended by section 203, is further amended ability Office, the Energy Information Adminis- (B) owns or controls the person referred to in by striking paragraph (1) and inserting the fol- tration, or the Congressional Research Service; paragraph (1), if the person that owns or con- lowing: or trols the person referred to in paragraph (1) had ‘‘(1) AUTHORITY.— ‘‘(II) a report or publication of a similarly rep- actual knowledge or should have known that ‘‘(A) SANCTIONS RELATING TO THE ENERGY SEC- utable governmental organization or trade or in- the person referred to in paragraph (1) sold, TOR OF IRAN.—The President may waive, on a dustry organization.’’; leased, or provided the vessel or provided the in- case-by-case basis and for a period of not more (5) by inserting after paragraph (15), as redes- surance or reinsurance or other shipping serv- than one year, the requirement in section 5(a) to ignated by paragraph (3), the following: ice; or impose a sanction or sanctions on a person de- ‘‘(16) PETROCHEMICAL PRODUCT.—The term (C) is owned or controlled by, or under com- scribed in section 5(c), and may waive the con- ‘petrochemical product’ includes any aromatic, mon ownership or control with, the person re- tinued imposition of a sanction or sanctions olefin, or synthesis gas, and any derivative of ferred to in paragraph (1), if the person owned under subsection (b) of this section, 30 days or such a gas, including ethylene, propylene, buta- or controlled by, or under common ownership or more after the President determines and so re- diene, benzene, toluene, xylene, ammonia, meth- control with (as the case may be), the person reports to the appropriate congressional commit- anol, and urea.’’; and ferred to in paragraph (1) knowingly engaged in (6) by inserting after paragraph (18), as redes- tees that it is essential to the national security the sale, lease, or provision of the vessel or the ignated by paragraph (2), the following: interests of the United States to exercise such provision of the insurance or reinsurance or ‘‘(19) SERVICES.—The term ‘services’ includes waiver authority. other shipping service. software, hardware, financial, professional con- ‘‘(B) SANCTIONS RELATING TO DEVELOPMENT (c) WAIVER.—The President may waive the resulting, engineering, and specialized energy in- OF WEAPONS OF MASS DESTRUCTION OR OTHER quirement to impose sanctions with respect to a formation services, energy-related technical as- MILITARY CAPABILITIES.—The President may person under subsection (a) on or after the date sistance, and maintenance and repairs.’’. waive, on a case-by-case basis and for a period that is 30 days after the President— (b) EFFECTIVE DATE.—The amendments made of not more than one year, the requirement in (1) determines that such a waiver is vital to by subsection (a) shall take effect on the date of the national security interests of the United paragraph (1) or (2) of section 5(b) to impose a the enactment of this Act and apply with re- sanction or sanctions on a person described in States; and spect to activities described in subsections (a) (2) submits to the appropriate congressional section 5(c), and may waive the continued impo- and (b) of section 5 of the Iran Sanctions Act of sition of a sanction or sanctions under subcommittees a report that contains the reasons 1996, as amended by this title, commenced on or for that determination. section (b) of this section, 30 days or more after after such date of enactment. the President determines and so reports to the (d) REPORT REQUIRED.— SEC. 208. SENSE OF CONGRESS ON ENERGY SEC- (1) IN GENERAL.—Not later than 90 days after appropriate congressional committees that it is TOR OF IRAN. vital to the national security interests of the the date of the enactment of this Act, and every It is the sense of Congress that— 90 days thereafter, the Secretary of the Treas- United States to exercise such waiver authority. (1) the energy sector of Iran remains a zone of ‘‘(C) RENEWAL OF WAIVERS.—The President ury, in coordination with the Secretary of State, proliferation concern since the Government of shall submit to the appropriate congressional may renew, on a case-by-case basis, a waiver Iran continues to divert substantial revenues de- with respect to a person under subparagraph committees a report identifying operators of ves- rived from sales of petroleum resources to fi- sels and other persons that conduct or facilitate (A) or (B) for additional one-year periods if, not nance its illicit nuclear and missile activities; later than 30 days before the waiver expires, the significant financial transactions with persons and that manage ports in Iran that have been des- President makes the determination and submits (2) the President should apply the full range ignated for the imposition of sanctions pursuant to the appropriate congressional committees the of sanctions under the Iran Sanctions Act of to the International Emergency Economic Pow- report described in subparagraph (A) or (B), as 1996, as amended by this Act, to address the ers Act (50 U.S.C. 1701 et seq.). applicable.’’. threat posed by the Government of Iran. (2) FORM OF REPORT.—A report submitted SEC. 206. BRIEFINGS ON IMPLEMENTATION OF Subtitle B—Additional Measures Relating to THE IRAN SANCTIONS ACT OF 1996. under paragraph (1) shall be submitted in un- Sanctions Against Iran Section 4 of the Iran Sanctions Act of 1996 classified form but may contain a classified (Public Law 104–172; 50 U.S.C. 1701 note) is SEC. 211. IMPOSITION OF SANCTIONS WITH RE- annex. SPECT TO THE PROVISION OF VES- (e) RULE OF CONSTRUCTION.—Nothing in this amended by adding at the end the following: SELS OR SHIPPING SERVICES TO section shall be construed to limit the authority ‘‘(f) BRIEFINGS ON IMPLEMENTATION.—Not TRANSPORT CERTAIN GOODS RE- of the President to designate persons for the im- later than 90 days after the date of the enact- LATED TO PROLIFERATION OR TER- position of sanctions pursuant to Executive ment of the Iran Threat Reduction and Syria RORISM ACTIVITIES TO IRAN. Order 13382 (70 Fed. Reg. 38567; relating to the Human Rights Act of 2012, and every 120 days (a) IN GENERAL.—Except as provided in sub- blocking of property of weapons of mass de- thereafter, the President, acting through the section (c), if the President determines that a struction proliferators and their supporters) or Secretary of State, shall provide to the appro- person, on or after the date of the enactment of Executive Order 13224 (66 Fed. Reg. 49079; relat- priate congressional committees a comprehensive this Act, knowingly sells, leases, or provides a ing to blocking property and prohibiting trans- briefing on efforts to implement this Act.’’. vessel or provides insurance or reinsurance or actions with persons who commit, threaten to any other shipping service for the transpor- SEC. 207. EXPANSION OF DEFINITIONS UNDER commit, or support terrorism), or otherwise pur- THE IRAN SANCTIONS ACT OF 1996. tation to or from Iran of goods that could mate- suant to the International Emergency Economic (a) IN GENERAL.—Section 14 of the Iran Sanc- rially contribute to the activities of the Govern- Powers Act (50 U.S.C. 1701 et seq.). tions Act of 1996 (Public Law 104–172; 50 U.S.C. ment of Iran with respect to the proliferation of 1701 note) is amended— weapons of mass destruction or support for acts SEC. 212. IMPOSITION OF SANCTIONS WITH RE- of international terrorism, the President shall, SPECT TO PROVISION OF UNDER- (1) by redesignating paragraphs (17) and (18) WRITING SERVICES OR INSURANCE as paragraphs (20) and (21), respectively; pursuant to Executive Order 13382 (70 Fed. Reg. OR REINSURANCE FOR THE NA- (2) by redesignating paragraphs (15) and (16) 38567; relating to blocking of property of weap- TIONAL IRANIAN OIL COMPANY OR as paragraphs (17) and (18), respectively; ons of mass destruction proliferators and their THE NATIONAL IRANIAN TANKER (3) by redesignating paragraphs (4) through supporters) or Executive Order 13224 (66 Fed. COMPANY. (14) as paragraphs (5) through (15), respectively; Reg. 49079; relating to blocking property and (a) IN GENERAL.—Except as provided in sub- (4) by inserting after paragraph (3) the fol- prohibiting transactions with persons who com- section (b), not later than 60 days after the date lowing: mit, threaten to commit, or support terrorism), of the enactment of this Act, the President shall ‘‘(4) CREDIBLE INFORMATION.—The term ‘cred- or otherwise pursuant to the International impose 5 or more of the sanctions described in ible information’, with respect to a person— Emergency Economic Powers Act (50 U.S.C. 1701 section 6(a) of the Iran Sanctions Act of 1996, as ‘‘(A) includes— et seq.), block and prohibit all transactions in amended by section 204, with respect to a person ‘‘(i) a public announcement by the person all property and interests in property of the per- if the President determines that the person that the person has engaged in an activity de- sons specified in subsection (b) if such property knowingly, on or after such date of enactment, scribed in subsection (a) or (b) of section 5; and and interests in property are in the United provides underwriting services or insurance or ‘‘(ii) information set forth in a report to stock- States, come within the United States, or are or reinsurance for the National Iranian Oil Com- holders of the person indicating that the person come within the possession or control of a pany, the National Iranian Tanker Company, has engaged in such an activity; and United States person. or a successor entity to either such company.

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

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00032 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13087 SEC. 217. CONTINUATION IN EFFECT OF SANC- SEC. 218. LIABILITY OF PARENT COMPANIES FOR ‘‘(ii) any person the property and interests in TIONS WITH RESPECT TO THE GOV- VIOLATIONS OF SANCTIONS BY FOR- property of which are blocked pursuant to Exec- ERNMENT OF IRAN, THE CENTRAL EIGN SUBSIDIARIES. utive Order 13382 (70 Fed. Reg. 38567; relating to BANK OF IRAN, AND SANCTIONS (a) DEFINITIONS.—In this section: blocking of property of weapons of mass de- EVADERS. (1) ENTITY.—The term ‘‘entity’’ means a part- struction proliferators and their supporters); or (a) SANCTIONS RELATING TO BLOCKING OF nership, association, trust, joint venture, cor- ‘‘(iii) any person or entity identified under PROPERTY OF THE GOVERNMENT OF IRAN AND poration, or other organization. section 560.304 of title 31, Code of Federal Regu- IRANIAN FINANCIAL INSTITUTIONS.—United (2) OWN OR CONTROL.—The term ‘‘own or con- lations (relating to the definition of the Govern- States sanctions with respect to Iran provided trol’’ means, with respect to an entity— for in Executive Order 13599 (77 Fed. Reg. 6659), (A) to hold more than 50 percent of the equity ment of Iran) without the specific authorization as in effect on the day before the date of the en- interest by vote or value in the entity; of a Federal department or agency. actment of this Act, shall remain in effect until (B) to hold a majority of seats on the board of ‘‘(2) INFORMATION REQUIRED.—If an issuer or the date that is 90 days after the date on which directors of the entity; or an affiliate of the issuer has engaged in any ac- the President submits to the appropriate con- (C) to otherwise control the actions, policies, tivity described in paragraph (1), the issuer gressional committees the certification described or personnel decisions of the entity. shall disclose a detailed description of each such in subsection (d). (b) PROHIBITION.—Not later than 60 days after activity, including— (b) SANCTIONS RELATING TO FOREIGN SANC- the date of the enactment of this Act, the Presi- ‘‘(A) the nature and extent of the activity; TIONS EVADERS.—United States sanctions with dent shall prohibit an entity owned or con- ‘‘(B) the gross revenues and net profits, if respect to Iran provided for in Executive Order trolled by a United States person and estab- any, attributable to the activity; and 13608 (77 Fed. Reg. 26409), as in effect on the lished or maintained outside the United States ‘‘(C) whether the issuer or the affiliate of the day before the date of the enactment of this Act, from knowingly engaging in any transaction di- issuer (as the case may be) intends to continue shall remain in effect until the date that is 30 rectly or indirectly with the Government of Iran the activity. days after the date on which the President sub- or any person subject to the jurisdiction of the ‘‘(3) NOTICE OF DISCLOSURES.—If an issuer re- mits to the appropriate congressional committees Government of Iran that would be prohibited by ports under paragraph (1) that the issuer or an the certification described in section 401(a) of an order or regulation issued pursuant to the affiliate of the issuer has knowingly engaged in the Comprehensive Iran Sanctions, Account- International Emergency Economic Powers Act any activity described in that paragraph, the ability, and Divestment Act of 2010 (22 U.S.C. (50 U.S.C. 1701 et seq.) if the transaction were issuer shall separately file with the Commission, 8551(a)). engaged in by a United States person or in the concurrently with the annual or quarterly re- (c) CONTINUATION OF SANCTIONS WITH RE- United States. port under subsection (a), a notice that the dis- SPECT TO THE CENTRAL BANK OF IRAN.—In addi- (c) CIVIL PENALTY.—The civil penalties pro- closure of that activity has been included in tion to the sanctions referred to in subsection vided for in section 206(b) of the International that annual or quarterly report that identifies (a), the President shall continue to apply to the Emergency Economic Powers Act (50 U.S.C. the issuer and contains the information required Central Bank of Iran sanctions pursuant to the 1705(b)) shall apply to a United States person to by paragraph (2). the same extent that such penalties apply to a International Emergency Economic Powers Act ‘‘(4) PUBLIC DISCLOSURE OF INFORMATION.— person that commits an unlawful act described (50 U.S.C. 1701 et seq.), including blocking of Upon receiving a notice under paragraph (3) in section 206(a) of that Act if an entity owned property and restrictions or prohibitions on fi- that an annual or quarterly report includes a or controlled by the United States person and nancial transactions and the exportation of disclosure of an activity described in paragraph established or maintained outside the United property, until the date that is 90 days after the (1), the Commission shall promptly— States violates, attempts to violate, conspires to date on which the President submits to Congress ‘‘(A) transmit the report to— the certification described in subsection (d). violate, or causes a violation of any order or ‘‘(i) the President; (d) CERTIFICATION DESCRIBED.— regulation issued to implement subsection (b). ‘‘(ii) the Committee on Foreign Affairs and the (1) IN GENERAL.—The certification described in (d) APPLICABILITY.—Subsection (c) shall not Committee on Financial Services of the House of this subsection is the certification of the Presi- apply with respect to a transaction described in Representatives; and dent to Congress that the Central Bank of Iran subsection (b) by an entity owned or controlled is not— by a United States person and established or ‘‘(iii) the Committee on Foreign Relations and (A) providing financial services in support of, maintained outside the United States if the the Committee on Banking, Housing, and Urban or otherwise facilitating, the ability of Iran to— United States person divests or terminates its Affairs of the Senate; and (i) acquire or develop chemical, biological, or business with the entity not later than the date ‘‘(B) make the information provided in the nuclear weapons, or related technologies; that is 180 days after the date of the enactment disclosure and the notice available to the public (ii) construct, equip, operate, or maintain nu- of this Act. by posting the information on the Internet clear facilities that could aid Iran’s effort to ac- SEC. 219. DISCLOSURES TO THE SECURITIES AND website of the Commission. quire a nuclear capability; or EXCHANGE COMMISSION RELATING ‘‘(5) INVESTIGATIONS.—Upon receiving a report TO SANCTIONABLE ACTIVITIES. (iii) acquire or develop ballistic missiles, cruise under paragraph (4) that includes a disclosure (a) IN GENERAL.—Section 13 of the Securities missiles, or destabilizing types and amounts of of an activity described in paragraph (1) (other Exchange Act of 1934 (15 U.S.C. 78m) is amended conventional weapons; or than an activity described in subparagraph by adding at the end the following new sub- (B) facilitating transactions or providing fi- (D)(iii) of that paragraph), the President shall— section: nancial services for— ‘‘(A) initiate an investigation into the possible ‘‘(r) DISCLOSURE OF CERTAIN ACTIVITIES RE- (i) Iran’s Revolutionary Guard Corps; or imposition of sanctions under the Iran Sanc- LATING TO IRAN.— tions Act of 1996 (Public Law 104–172; 50 U.S.C. (ii) financial institutions the property or in- ‘‘(1) IN GENERAL.—Each issuer required to file 1701 note), section 104 or 105A of the Com- terests in property of which are blocked pursu- an annual or quarterly report under subsection prehensive Iran Sanctions, Accountability, and ant to the International Emergency Economic (a) shall disclose in that report the information Divestment Act of 2010, an Executive Order Powers Act (50 U.S.C. 1701 et seq.) in connection required by paragraph (2) if, during the period specified in clause (i) or (ii) of paragraph (1)(D), with— covered by the report, the issuer or any affiliate or any other provision of law relating to the im- (I) Iran’s proliferation of weapons of mass de- of the issuer— position of sanctions with respect to Iran, as ap- struction or delivery systems for weapons of ‘‘(A) knowingly engaged in an activity de- plicable; and mass destruction; or scribed in subsection (a) or (b) of section 5 of the (II) Iran’s support for international terrorism. Iran Sanctions Act of 1996 (Public Law 104–172; ‘‘(B) not later than 180 days after initiating (2) SUBMISSION TO CONGRESS.— 50 U.S.C. 1701 note); such an investigation, make a determination (A) IN GENERAL.—The President shall submit ‘‘(B) knowingly engaged in an activity de- with respect to whether sanctions should be im- the certification described in paragraph (1) to scribed in subsection (c)(2) of section 104 of the posed with respect to the issuer or the affiliate the appropriate congressional committees in Comprehensive Iran Sanctions, Accountability, of the issuer (as the case may be). writing and shall include a justification for the and Divestment Act of 2010 (22 U.S.C. 8513) or a ‘‘(6) SUNSET.—The provisions of this sub- certification. transaction described in subsection (d)(1) of that section shall terminate on the date that is 30 (B) FORM OF CERTIFICATION.—The certifi- section; days after the date on which the President cation described in paragraph (1) shall be sub- ‘‘(C) knowingly engaged in an activity de- makes the certification described in section mitted in unclassified form but may contain a scribed in section 105A(b)(2) of that Act; or 401(a) of the Comprehensive Iran Sanctions, Ac- classified annex. ‘‘(D) knowingly conducted any transaction or countability, and Divestment Act of 2010 (22 (e) RULE OF CONSTRUCTION.—Nothing in this dealing with— U.S.C. 8551(a)).’’. section shall be construed to limit the authority ‘‘(i) any person the property and interests in (b) EFFECTIVE DATE.—The amendment made of the President pursuant to the International property of which are blocked pursuant to Exec- by subsection (a) shall take effect with respect Emergency Economic Powers Act (50 U.S.C. 1701 utive Order 13224 (66 Fed. Reg. 49079; relating to to reports required to be filed with the Securities et seq.) or the Comprehensive Iran Sanctions, blocking property and prohibiting transactions and Exchange Commission after the date that is Accountability, and Divestment Act of 2010 (22 with persons who commit, threaten to commit, 180 days after the date of the enactment of this U.S.C. 8501 et seq.). or support terrorism); Act.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00033 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13088 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 SEC. 220. REPORTS ON, AND AUTHORIZATION OF such messaging services for, the Central Bank of to permit the United States to comply with the IMPOSITION OF SANCTIONS WITH Iran or a financial institution described in sec- Agreement between the United Nations and the RESPECT TO, THE PROVISION OF tion 104(c)(2)(E)(ii) of the Comprehensive Iran United States of America regarding the Head- SPECIALIZED FINANCIAL MES- Sanctions, Accountability, and Divestment Act quarters of the United Nations, signed June 26, SAGING SERVICES TO THE CENTRAL BANK OF IRAN AND OTHER SANC- of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) if— 1947, and entered into force November 21, 1947, TIONED IRANIAN FINANCIAL INSTI- (A) the person is subject to a sanctions regime and other applicable international obligations. TUTIONS. under its governing foreign law that requires it (e) WAIVER.—The President may waive the (a) SENSE OF CONGRESS.—It is the sense of to eliminate the knowing provision of such mes- application of subsection (a) or (c) with respect Congress that— saging services to, and the knowing enabling to an individual if the President— (1) providers of specialized financial mes- and facilitation of direct or indirect access to (1) determines that such a waiver is essential saging services are a critical link to the inter- such messaging services for— to the national interests of the United States; national financial system; (i) the Central Bank of Iran; and and (2) the European Union is to be commended (ii) a group of Iranian financial institutions (2) not less than 7 days before the waiver for strengthening the multilateral sanctions re- identified under such governing foreign law for takes effect, notifies Congress of the waiver and gime against Iran by deciding that specialized purposes of that sanctions regime if the Presi- the reason for the waiver. financial messaging services may not be pro- dent determines that— SEC. 222. SENSE OF CONGRESS AND RULE OF vided to the Central Bank of Iran and other (I) the group is substantially similar to the CONSTRUCTION RELATING TO CER- sanctioned Iranian financial institutions by per- group of financial institutions described in sec- TAIN AUTHORITIES OF STATE AND sons subject to the jurisdiction of the European tion 104(c)(2)(E)(ii) of the Comprehensive Iran LOCAL GOVERNMENTS. Union; and Sanctions, Accountability, and Divestment Act (a) SENSE OF CONGRESS.—It is the sense of (3) the loss of access by sanctioned Iranian fi- of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and Congress that the United States should support nancial institutions to specialized financial mes- (II) the differences between those groups of fi- actions by States or local governments that are saging services must be maintained. nancial institutions do not adversely affect the within their authority, including determining (b) REPORTS REQUIRED.— national interest of the United States; and how investment assets are valued for purposes (1) IN GENERAL.—Not later than 60 days after (B) the person has, pursuant to that sanctions of safety and soundness of financial institutions the date of the enactment of this Act, and every regime, terminated the knowing provision of and insurers, that are consistent with and in 90 days thereafter, the Secretary of the Treasury such messaging services to, and the knowing en- furtherance of the purposes of this Act and shall submit to the appropriate congressional abling and facilitation of direct or indirect ac- other Acts that are amended by this Act. committees a report that contains— cess to such messaging services for, the Central (b) RULE OF CONSTRUCTION.—Section 202 of (A) a list of all persons that the Secretary has Bank of Iran and each Iranian financial insti- the Comprehensive Iran Sanctions, Account- identified that directly provide specialized fi- tution identified under such governing foreign ability, and Divestment Act of 2010 (22 U.S.C. nancial messaging services to, or enable or fa- law for purposes of that sanctions regime. 8532) is amended by adding at the end the fol- cilitate direct or indirect access to such mes- (d) RULE OF CONSTRUCTION.—Nothing in this lowing: saging services for, the Central Bank of Iran or section shall be construed to limit the authority ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this a financial institution described in section of the President pursuant to the International Act or any other provision of law authorizing 104(c)(2)(E)(ii) of the Comprehensive Iran Sanc- Emergency Economic Powers Act (50 U.S.C. 1701 sanctions with respect to Iran shall be construed tions, Accountability, and Divestment Act of et seq.) or the Comprehensive Iran Sanctions, to abridge the authority of a State to issue and 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and Accountability, and Divestment Act of 2010 (22 enforce rules governing the safety, soundness, (B) a detailed assessment of the status of ef- U.S.C. 8501 et seq.). and solvency of a financial institution subject to forts by the Secretary to end the direct provision SEC. 221. IDENTIFICATION OF, AND IMMIGRATION its jurisdiction or the business of insurance pur- of such messaging services to, and the enabling RESTRICTIONS ON, SENIOR OFFI- suant to the Act of March 9, 1945 (15 U.S.C. 1011 or facilitation of direct or indirect access to such CIALS OF THE GOVERNMENT OF et seq.) (commonly known as the ‘McCarran- IRAN AND THEIR FAMILY MEMBERS. messaging services for, the Central Bank of Iran Ferguson Act’).’’. (a) IDENTIFICATION.—Not later than 180 days or a financial institution described in that sec- SEC. 223. GOVERNMENT ACCOUNTABILITY OF- after the date of the enactment of this Act, and tion. FICE REPORT ON FOREIGN ENTITIES annually thereafter, the President shall publish THAT INVEST IN THE ENERGY SEC- (2) ENABLING OR FACILITATION OF ACCESS TO a list of each individual the President deter- TOR OF IRAN OR EXPORT REFINED SPECIALIZED FINANCIAL MESSAGING SERVICES mines is— PETROLEUM PRODUCTS TO IRAN. THROUGH INTERMEDIARY FINANCIAL INSTITU- (1) a senior official of the Government of Iran (a) INITIAL REPORT.— TIONS.—For purposes of paragraph (1) and sub- described in subsection (b) that is involved in (1) IN GENERAL.—Not later than 120 days after section (c), enabling or facilitating direct or in- Iran’s— the date of the enactment of this Act, the Comp- direct access to specialized financial messaging (A) illicit nuclear activities or proliferation of troller General of the United States shall submit services for the Central Bank of Iran or a finan- weapons of mass destruction or delivery systems to the appropriate congressional committees a cial institution described in section for weapons of mass destruction; report— 104(c)(2)(E)(ii) of the Comprehensive Iran Sanc- (B) support for international terrorism; or (A) listing all foreign investors in the energy tions, Accountability, and Divestment Act of (C) commission of serious human rights abuses sector of Iran during the period specified in 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) includes doing against citizens of Iran or their family members; paragraph (2), including— so by serving as an intermediary financial insti- or (i) entities that exported gasoline and other tution with access to such messaging services. (2) a family member of such an official. refined petroleum products to Iran; (3) FORM OF REPORT.—A report submitted (b) SENIOR OFFICIALS OF THE GOVERNMENT OF (ii) entities involved in providing refined pe- under paragraph (1) shall be submitted in un- IRAN DESCRIBED.—A senior official of the Gov- troleum products to Iran, including— classified form but may contain a classified ernment of Iran described in this subsection is (I) entities that provided ships to transport re- annex. any senior official of that Government, includ- fined petroleum products to Iran; and (c) AUTHORIZATION OF IMPOSITION OF SANC- ing— (II) entities that provided insurance or rein- TIONS.— (1) the Supreme Leader of Iran; surance for shipments of refined petroleum (1) IN GENERAL.—Except as provided in para- (2) the President of Iran; products to Iran; and graph (2), if, on or after the date that is 90 days (3) a member of the Cabinet of the Government (iii) entities involved in commercial trans- after the date of the enactment of this Act, a of Iran; actions of any kind, including joint ventures person continues to knowingly and directly pro- (4) a member of the Assembly of Experts; anywhere in the world, with Iranian energy vide specialized financial messaging services to, (5) a senior member of the Intelligence Min- companies; and or knowingly enable or facilitate direct or indi- istry of Iran; or (B) identifying the countries in which gaso- rect access to such messaging services for, the (6) a senior member of Iran’s Revolutionary line and other refined petroleum products ex- Central Bank of Iran or a financial institution Guard Corps, including a senior member of a ported to Iran during the period specified in described in paragraph (2)(E)(ii) of section paramilitary organization such as Ansar-e- paragraph (2) were produced or refined. 104(c) of the Comprehensive Iran Sanctions, Ac- Hezbollah or Basij-e Motaz’afin. (2) PERIOD SPECIFIED.—The period specified in countability, and Divestment Act of 2010 (22 (c) EXCLUSION FROM UNITED STATES.—Except this paragraph is the period beginning on Janu- U.S.C. 8513(c)), the President may impose sanc- as provided in subsection (d), the Secretary of ary 1, 2009, and ending on the date that is 150 tions pursuant to that section or the Inter- State shall deny a visa to, and the Secretary of days after the date of the enactment of this Act. national Emergency Economic Powers Act (50 Homeland Security shall exclude from the (b) UPDATED REPORT.—Not later than one U.S.C. 1701 et seq.) with respect to the person. United States, any alien who is on the list re- year after submitting the report required by sub- (2) EXCEPTION.—The President may not im- quired by subsection (a). section (a), the Comptroller General of the pose sanctions pursuant to paragraph (1) with (d) EXCEPTION TO COMPLY WITH UNITED NA- United States shall submit to the appropriate respect to a person for directly providing spe- TIONS HEADQUARTERS AGREEMENT.—Subsection congressional committees a report containing cialized financial messaging services to, or ena- (c) shall not apply to an individual if admitting the matters required in the report under sub- bling or facilitating direct or indirect access to the individual to the United States is necessary section (a)(1) for the one-year period beginning

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on the date that is 30 days before the date on ducted or attempted to conduct one or more sen- (1) IN GENERAL.—Not later than 90 days after which the preceding report was required to be sitive transactions or activities described in sub- the date of the enactment of this Act, and every submitted by this section. section (c). 180 days thereafter, the President shall submit SEC. 224. REPORTING ON THE IMPORTATION TO (c) SENSITIVE TRANSACTIONS AND ACTIVITIES to the appropriate congressional committees a AND EXPORTATION FROM IRAN OF DESCRIBED.—A sensitive transaction or activity report identifying foreign persons that the Presi- CRUDE OIL AND REFINED PETRO- described in this subsection is— dent determines, on or after the date of the en- LEUM PRODUCTS. (1) a financial transaction or series of trans- actment of this Act, knowingly— Section 110(b) of the Comprehensive Iran actions valued at more than $1,000,000 in the ag- (A) materially assist, sponsor, or provide fi- Sanctions, Accountability, and Divestment Act gregate in any 12-month period involving a non- nancial, material, or technological support for, of 2010 (22 U.S.C. 8518(b)) is amended by strik- Iranian financial institution; or goods or services in support of, Iran’s Revolu- ing ‘‘a report containing the matters’’ and all (2) a transaction to facilitate the manufac- tionary Guard Corps or any of its officials, that follows through the period at the end and ture, importation, exportation, or transfer of agents, or affiliates the property and interests in inserting the following: ‘‘a report, covering the items needed for the development by Iran of nu- property of which are blocked pursuant to the 180-day period beginning on the date that is 30 clear, chemical, biological, or advanced conven- International Emergency Economic Powers Act days before the date on which the preceding re- tional weapons, including ballistic missiles; (50 U.S.C. 1701 et seq.); port was required to be submitted by this sec- (3) a transaction relating to the manufacture, (B) engage in a significant transaction or tion, that— procurement, or sale of goods, services, and transactions with Iran’s Revolutionary Guard ‘‘(1) contains the matters required in the re- technology relating to Iran’s energy sector, in- Corps or any of its officials, agents, or affili- port under subsection (a)(1); and cluding a transaction relating to the develop- ates— ‘‘(2) identifies— ment of the energy resources of Iran, the expor- (i) the property and interests in property of ‘‘(A) the volume of crude oil and refined pe- tation of petroleum products from Iran, the im- which are blocked pursuant to that Act; or troleum products imported to and exported from portation of refined petroleum to Iran, or the (ii) that are identified under section 301(a)(1) Iran (including through swaps and similar ar- development of refining capacity available to or pursuant to paragraph (4)(A) of section rangements); Iran; 104(c) of the Comprehensive Iran Sanctions, Ac- ‘‘(B) the persons selling and transporting (4) a transaction relating to the manufacture, countability, and Divestment Act of 2010, as crude oil and refined petroleum products de- procurement, or sale of goods, services, and added by section 312; or scribed in subparagraph (A), the countries with technology relating to Iran’s petrochemical sec- (C) engage in a significant transaction or primary jurisdiction over those persons, and the tor; or transactions with— countries in which those products were refined; (5) a transaction relating to the procurement (i) a person subject to financial sanctions pur- ‘‘(C) the sources of financing for imports to of sensitive technologies (as defined in section suant to United Nations Security Council Reso- Iran of crude oil and refined petroleum products 106(c) of the Comprehensive Iran Sanctions, Ac- lution 1737 (2006), 1747 (2007), 1803 (2008), or 1929 described in subparagraph (A); and countability, and Divestment Act of 2010 (22 (2010), or any other resolution that is adopted ‘‘(D) the involvement of foreign persons in ef- U.S.C. 8515(c))). by the Security Council and imposes sanctions forts to assist Iran in— (d) EXCLUSION FROM UNITED STATES.— with respect to Iran or modifies such sanctions; ‘‘(i) developing upstream oil and gas produc- (1) IN GENERAL.—Subject to paragraph (2), the or tion capacity; Secretary of State shall deny a visa to, and the (ii) a person acting on behalf of or at the di- ‘‘(ii) importing advanced technology to up- Secretary of Homeland Security shall exclude rection of, or owned or controlled by, a person grade existing Iranian refineries; from the United States, any alien who, on or described in clause (i). ‘‘(iii) converting existing chemical plants to after the date of the enactment of this Act, is a (2) FORM OF REPORT.—A report submitted petroleum refineries; or foreign person designated pursuant to sub- under paragraph (1) shall be submitted in un- ‘‘(iv) maintaining, upgrading, or expanding section (a) for the imposition of sanctions pursu- classified form but may contain a classified existing refineries or constructing new refin- ant to the International Emergency Economic annex. eries.’’. Powers Act (50 U.S.C. 1701 et seq.). (3) BARTER TRANSACTIONS.—For purposes of paragraph (1), the term ‘‘transaction’’ includes TITLE III—SANCTIONS WITH RESPECT TO (2) REGULATORY EXCEPTIONS TO COMPLY WITH a barter transaction. IRAN’S REVOLUTIONARY GUARD CORPS INTERNATIONAL OBLIGATIONS.—The requirement to deny visas to and exclude aliens from the (b) IMPOSITION OF SANCTIONS.—If the Presi- Subtitle A—Identification of, and Sanctions United States pursuant to paragraph (1) shall dent determines under subsection (a)(1) that a With Respect to, Officials, Agents, Affiliates, be subject to such regulations as the President foreign person has knowingly engaged in an ac- and Supporters of Iran’s Revolutionary may prescribe, including regulatory exceptions tivity described in that subsection, the Presi- Guard Corps and Other Sanctioned Persons to permit the United States to comply with the dent— SEC. 301. IDENTIFICATION OF, AND IMPOSITION Agreement between the United Nations and the (1) shall impose 5 or more of the sanctions de- OF SANCTIONS WITH RESPECT TO, United States of America regarding the Head- scribed in section 6(a) of the Iran Sanctions Act OFFICIALS, AGENTS, AND AFFILI- of 1996, as amended by section 204; and ATES OF IRAN’S REVOLUTIONARY quarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, (2) may impose additional sanctions pursuant GUARD CORPS. to the International Emergency Economic Pow- (a) IN GENERAL.—Not later than 90 days after and other applicable international obligations. (e) WAIVER OF IMPOSITION OF SANCTIONS.— ers Act (50 U.S.C. 1701 et seq.) with respect to the date of the enactment of this Act, and as ap- the person. propriate thereafter, the President shall— (1) IN GENERAL.—The President may waive the application of subsection (a) or (d) with respect (c) TERMINATION.—The President may termi- (1) identify foreign persons that are officials, nate a sanction imposed with respect to a for- agents, or affiliates of Iran’s Revolutionary to a foreign person if the President— (A) determines that it is vital to the national eign person pursuant to subsection (b) if the Guard Corps; and President determines that the person— (2) for each foreign person identified under security interests of the United States to do so; and (1) no longer engages in the activity for which paragraph (1) that is not already designated for the sanction was imposed; and the imposition of sanctions pursuant to the (B) submits to the appropriate congressional committees a report that— (2) has provided assurances to the President International Emergency Economic Powers Act that the person will not engage in any activity (50 U.S.C. 1701 et seq.)— (i) identifies the foreign person with respect to which the waiver applies; and described in subsection (a)(1) in the future. (A) designate that foreign person for the impo- (d) WAIVER OF IMPOSITION OF SANCTIONS.— sition of sanctions pursuant to that Act; and (ii) sets forth the reasons for the determination. (1) IN GENERAL.—The President may waive the (B) block and prohibit all transactions in all imposition of sanctions under subsection (b) property and interests in property of that for- (2) FORM OF REPORT.—A report submitted under paragraph (1)(B) shall be submitted in with respect to a foreign person if the Presi- eign person if such property and interests in dent— property are in the United States, come within unclassified form but may contain a classified annex. (A)(i) determines that the person has ceased the United States, or are or come within the pos- the activity for which sanctions would other- (f) RULE OF CONSTRUCTION.—Nothing in this session or control of a United States person. section shall be construed to remove any sanc- wise be imposed and has taken measures to pre- (b) PRIORITY FOR INVESTIGATION.—In identi- tion of the United States in force with respect to vent a recurrence of the activity; or fying foreign persons pursuant to subsection Iran’s Revolutionary Guard Corps as of the date (ii) determines that it is essential to the na- (a)(1) as officials, agents, or affiliates of Iran’s of the enactment of this Act. tional security interests of the United States to Revolutionary Guard Corps, the President shall do so; and give priority to investigating— SEC. 302. IDENTIFICATION OF, AND IMPOSITION (B) submits to the appropriate congressional (1) foreign persons or entities identified under OF SANCTIONS WITH RESPECT TO, PERSONS THAT SUPPORT OR CON- committees a report that— section 560.304 of title 31, Code of Federal Regu- DUCT CERTAIN TRANSACTIONS WITH (i) identifies the foreign person with respect to lations (relating to the definition of the Govern- IRAN’S REVOLUTIONARY GUARD which the waiver applies; ment of Iran); and CORPS OR OTHER SANCTIONED PER- (ii) describes the activity that would otherwise (2) foreign persons for which there is a rea- SONS. subject the foreign person to the imposition of sonable basis to find that the person has con- (a) IDENTIFICATION.— sanctions under subsection (b); and

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(iii) sets forth the reasons for the determina- (b) IMPOSITION OF MEASURES.— United States Government that the agency will tion. (1) IN GENERAL.—The President may impose not carry out the activities or transactions in (2) FORM OF REPORT.—A report submitted any of the following measures with respect to an the future; or under paragraph (1)(B) shall be submitted in agency identified pursuant to subsection (a) if (3) it is essential to the national security in- unclassified form but may contain a classified the President determines that the assistance, ex- terest of the United States to terminate such annex. ports, or other support to be prohibited by rea- measures. (e) WAIVER OF IDENTIFICATIONS AND DESIGNA- son of the imposition of the measures have con- (d) WAIVER.—If the President does not impose TIONS.—Notwithstanding any other provision of tributed and would otherwise directly or indi- one or more measures described in subsection (b) this subtitle and subject to paragraph (2), the rectly contribute to the agency’s capability to with respect to an agency identified in the re- President shall not be required to make any continue the activities or transactions for which port required by subsection (a), the President identification of a foreign person under sub- the agency has been identified pursuant to sub- shall include in the subsequent report an expla- section (a) or any identification or designation section (a): nation as to why the President did not impose of a foreign person under section 301(a) if the (A) No assistance may be provided to the such measures. President— agency under the Foreign Assistance Act of 1961 (e) DEFINITION.—In this section, the term ‘‘ap- (1) determines that doing so would cause dam- (22 U.S.C. 2151 et seq.) or the Arms Export Con- propriate congressional committees’’ means— age to the national security of the United trol Act (22 U.S.C. 2751 et seq.) other than hu- (1) the Committee on Foreign Relations, the States; and manitarian assistance or the provision of food or Committee on Appropriations, the Committee on (2) notifies the appropriate congressional com- other agricultural commodities. Armed Services, the Committee on Banking, mittees of the exercise of the authority provided (B) No sales of any defense articles, defense Housing, and Urban Affairs, the Committee on under this subsection. services, or design and construction services Finance, and the Select Committee on Intel- (f) APPLICATION OF PROVISIONS OF IRAN SANC- under the Arms Export Control Act (22 U.S.C. ligence of the Senate; and TIONS ACT OF 1996.—The following provisions of 2751 et seq.) may be made to the agency. (2) the Committee on Foreign Affairs, the the Iran Sanctions Act of 1996, as amended by (C) No licenses for export of any item on the Committee on Appropriations, the Committee on this Act, apply with respect to the imposition United States Munitions List that include the Armed Services, the Committee on Financial under subsection (b)(1) of sanctions relating to agency as a party to the license may be granted. Services, the Committee on Ways and Means, activities described in subsection (a)(1) to the (D) No exports may be permitted to the agency and the Permanent Select Committee on Intel- same extent that such provisions apply with re- of any goods or technologies controlled for na- ligence of the House of Representatives. (f) EFFECTIVE DATE.—This section shall take spect to the imposition of sanctions under sec- tional security reasons under the Export Admin- effect on the date of the enactment of this Act tion 5(a) of the Iran Sanctions Act of 1996: istration Regulations, except that such prohibi- and apply with respect to activities and trans- (1) Subsections (c) and (e) of section 4. tion shall not apply to any transaction subject (2) Subsections (c), (d), and (f) of section 5. actions described in subsection (a) that are car- to the reporting requirements of title V of the (3) Section 8. ried out on or after the later of— National Security Act of 1947 (50 U.S.C. 413 et (4) Section 9. (1) the date that is 45 days after such date of seq.; relating to congressional oversight of intel- (5) Section 11. enactment; or (6) Section 12. ligence activities). (2) the date that is 45 days after a person is (7) Subsection (b) of section 13. (E) The United States shall oppose any loan designated as described in subparagraph (A) or (8) Section 14. or financial or technical assistance to the agen- (B) of subsection (a)(2). cy by international financial institutions in ac- SEC. 303. IDENTIFICATION OF, AND IMPOSITION SEC. 304. RULE OF CONSTRUCTION. cordance with section 701 of the International OF MEASURES WITH RESPECT TO, Nothing in this subtitle shall be construed to Financial Institutions Act (22 U.S.C. 262d). FOREIGN GOVERNMENT AGENCIES limit the authority of the President to designate CARRYING OUT ACTIVITIES OR (F) The United States shall deny to the agen- foreign persons for the imposition of sanctions TRANSACTIONS WITH CERTAIN cy any credit or financial assistance by any de- pursuant to the International Emergency Eco- IRAN-AFFILIATED PERSONS. partment, agency, or instrumentality of the nomic Powers Act (50 U.S.C. 1701 et seq.). (a) IDENTIFICATION.— United States Government, except that this (1) IN GENERAL.—Not later than 120 days after paragraph shall not apply— Subtitle B—Additional Measures Relating to the date of the enactment of this Act, and every (i) to any transaction subject to the reporting Iran’s Revolutionary Guard Corps 180 days thereafter, the President shall submit requirements of title V of the National Security SEC. 311. EXPANSION OF PROCUREMENT PROHI- to the appropriate congressional committees a Act of 1947 (50 U.S.C. 413 et seq.; relating to con- BITION TO FOREIGN PERSONS THAT report that identifies each agency of the govern- gressional oversight of intelligence activities); ENGAGE IN CERTAIN TRANSACTIONS ment of a foreign country (other than Iran) that (ii) to the provision of medicines, medical WITH IRAN’S REVOLUTIONARY GUARD CORPS. the President determines knowingly and materi- equipment, and humanitarian assistance; or (a) IN GENERAL.—Section 6(b)(1) of the Iran ally assisted, sponsored, or provided financial, (iii) to any credit, credit guarantee, or finan- material, or technological support for, or goods Sanctions Act of 1996 (Public Law 104–172; 50 cial assistance provided by the Department of U.S.C. 1701 note) is amended— or services in support of, or knowingly and ma- Agriculture to support the purchase of food or terially engaged in a significant transaction (1) by striking ‘‘Not later than 90 days’’ and other agricultural commodities. inserting the following: with, any person described in paragraph (2). (G) Additional restrictions as may be imposed (2) PERSON DESCRIBED.—A person described in ‘‘(A) CERTIFICATIONS RELATING TO ACTIVITIES pursuant to the International Emergency Eco- this paragraph is— DESCRIBED IN SECTION 5.—Not later than 90 nomic Powers Act (50 U.S.C. 1701 et seq.). (A) a foreign person that is an official, agent, days’’; and (2) RULE OF CONSTRUCTION.—Nothing in this or affiliate of Iran’s Revolutionary Guard Corps (2) by adding at the end the following: subsection shall be construed to impose meas- that is designated for the imposition of sanc- ‘‘(B) CERTIFICATIONS RELATING TO TRANS- ures with respect to programs under section 1501 tions pursuant to the International Emergency ACTIONS WITH IRAN’S REVOLUTIONARY GUARD of the National Defense Authorization Act for Economic Powers Act (50 U.S.C. 1701 et seq.); CORPS.—Not later than 120 days after the date Fiscal Year 1997 (50 U.S.C. 2632 note) and pro- (B) a foreign person that is designated and of the enactment of the Iran Threat Reduction grams under the Atomic Energy Defense Act (50 subject to financial sanctions pursuant to— and Syria Human Rights Act of 2012, the Fed- (i) the Annex of United Nations Security U.S.C. 2501 et seq). eral Acquisition Regulation shall be revised to Council Resolution 1737 (2006); (c) TERMINATION.—The President may termi- require a certification from each person that is (ii) Annex I of United Nations Security Coun- nate any measures imposed with respect to an a prospective contractor that the person, and cil Resolution 1747 (2007); agency pursuant to subsection (b) if the Presi- any person owned or controlled by the person, (iii) Annex I, II, or III of United Nations Se- dent determines and notifies the appropriate does not knowingly engage in a significant curity Council Resolution 1803 (2008); congressional committees that— transaction or transactions with Iran’s Revolu- (iv) Annex I, II, or III of United Nations Secu- (1)(A) a person described in subparagraph (A) tionary Guard Corps or any of its officials, rity Council Resolution 1929 (2010); or or (B) of subsection (a)(2) with respect to which agents, or affiliates the property and interests in (v) any subsequent and related United Na- the agency is carrying out activities or trans- property of which are blocked pursuant to the tions Security Council resolution, or any annex actions is no longer designated pursuant to sub- International Emergency Economic Powers Act thereto, that imposes new sanctions with respect paragraph (A) or (B) of subsection (a)(2); or (50 U.S.C. 1701 et seq.).’’. to Iran or modifies existing sanctions with re- (B) any person described in subparagraph (C) (b) TECHNICAL AND CONFORMING AMEND- spect to Iran; or of subsection (a)(2) with respect to which the MENTS.— (C) a foreign person that the agency knows is agency is carrying out activities or transactions (1) Section 6(b) of the Iran Sanctions Act of acting on behalf of or at the direction of, or is no longer acting on behalf of or at the direc- 1996, as amended by subsection (a), is further owned or controlled by, a person described in tion of, or owned or controlled by, any person amended— subparagraph (A) or (B). described in subparagraph (A) or (B) of sub- (A) in subparagraph (A) of paragraph (1), as (3) FORM OF REPORT.—Each report submitted section (a)(2); designated by subsection (a)(1), by striking under paragraph (1) shall be submitted in un- (2) the agency is no longer carrying out activi- ‘‘issued pursuant to section 25 of the Office of classified form but may contain a classified ties or transactions for which the measures were Federal Procurement Policy Act (41 U.S.C. annex. imposed and has provided assurances to the 421)’’;

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00036 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13091 (B) in paragraph (2)— Treasury determines that the NIOC or the NITC (B) for which sanctions may be imposed solely (i) in subparagraph (A)— is a person described in clause (i) or (ii) of para- as a result of the involvement of the National (I) by striking ‘‘the revision’’ and inserting graph (2)(E), the regulations prescribed under Iranian Oil Company or the National Iranian ‘‘the applicable revision’’; and paragraph (1) shall apply with respect to a sig- Tanker Company in the transaction under— (II) by striking ‘‘not more than 3 years’’ and nificant transaction or transactions or signifi- (i) section 302(b)(1); inserting ‘‘not less than 2 years’’; and cant financial services knowingly facilitated or (ii) section 104A of the Comprehensive Iran (ii) in subparagraph (B), by striking ‘‘issued provided by a foreign financial institution for Sanctions, Accountability, and Divestment Act pursuant to section 25 of the Office of Federal the NIOC or the NITC, as applicable, for the of 2010, as added by section 216; or Procurement Policy Act (41 U.S.C. 421)’’; purchase of petroleum or petroleum products (iii) any other applicable provision of law au- (C) in paragraph (5), by striking ‘‘in the na- from Iran, only if a determination of the Presi- thorizing the imposition of sanctions with re- tional interest’’ and inserting ‘‘essential to the dent under section 1245(d)(4)(B) of the National spect to Iran. national security interests’’; Defense Authorization Act for Fiscal Year 2012 TITLE IV—MEASURES RELATING TO (D) by striking paragraph (6) and inserting (22 U.S.C. 8513a(d)(4)(B)) that there is a suffi- HUMAN RIGHTS ABUSES IN IRAN the following: cient supply of petroleum and petroleum prod- Subtitle A—Expansion of Sanctions Relating ‘‘(6) DEFINITIONS.—In this subsection: ucts produced in countries other than Iran to to Human Rights Abuses in Iran XECUTIVE AGENCY ‘‘(A) E .—The term ‘executive permit purchasers of petroleum and petroleum SEC. 401. IMPOSITION OF SANCTIONS ON CER- agency’ has the meaning given that term in sec- products from Iran to reduce significantly their TAIN PERSONS RESPONSIBLE FOR tion 133 of title 41, United States Code. purchases from Iran is in effect at the time of OR COMPLICIT IN HUMAN RIGHTS ‘‘(B) FEDERAL ACQUISITION REGULATION.—The the transaction or the provision of the service. ABUSES COMMITTED AGAINST CITI- term ‘Federal Acquisition Regulation’ means the ‘‘(ii) EXCEPTION FOR CERTAIN COUNTRIES.—If ZENS OF IRAN OR THEIR FAMILY regulation issued pursuant to section 1303(a)(1) the Secretary of the Treasury determines that MEMBERS AFTER THE JUNE 12, 2009, ELECTIONS IN IRAN. of title 41, United States Code.’’; and the NIOC or the NITC is a person described in (a) SENSE OF CONGRESS.—It is the sense of (E) in paragraph (7)— clause (i) or (ii) of paragraph (2)(E), the regula- (i) by striking ‘‘The revisions to the Federal Congress that the Supreme Leader of Iran, the tions prescribed under paragraph (1) shall not President of Iran, senior members of the Intel- Acquisition Regulation required under para- apply to a significant transaction or trans- graph (1)’’ and inserting the following: ligence Ministry of Iran, senior members of actions or significant financial services know- Iran’s Revolutionary Guard Corps, Ansar-e- ‘‘(A) CERTIFICATIONS RELATING TO ACTIVITIES ingly facilitated or provided by a foreign finan- DESCRIBED IN SECTION 5.—The revisions to the Hezbollah and Basij-e-Mostaz’afin, and the cial institution for the NIOC or the NITC, as ap- Ministers of Defense, Interior, Justice, and Tele- Federal Acquisition Regulation required under plicable, for the purchase of petroleum or petro- paragraph (1)(A)’’; and communications are ultimately responsible for leum products from Iran if an exception under ordering, controlling, or otherwise directing a (ii) by adding at the end the following: paragraph (4)(D) of section 1245(d) of the Na- ‘‘(B) CERTIFICATIONS RELATING TO TRANS- pattern and practice of serious human rights tional Defense Authorization Act for Fiscal abuses against the Iranian people, and thus the ACTIONS WITH IRAN’S REVOLUTIONARY GUARD Year 2012 (22 U.S.C. 8513a(d)) applies to the CORPS.—The revisions to the Federal Acquisition President should include such persons on the country with primary jurisdiction over the for- list of persons who are responsible for or Regulation required under paragraph (1)(B) eign financial institution at the time of the shall apply with respect to contracts for which complicit in committing serious human rights transaction or the provision of the service. abuses and subject to sanctions pursuant to sec- solicitations are issued on or after the date that ‘‘(iii) RULE OF CONSTRUCTION.—The exceptions is 120 days after the date of the enactment of tion 105 of the Comprehensive Iran Sanctions, in clauses (i) and (ii) shall not be construed to Accountability, and Divestment Act of 2010 (22 the Iran Threat Reduction and Syria Human limit the authority of the Secretary of the Treas- Rights Act of 2012.’’. U.S.C. 8514). ury to impose sanctions pursuant to the regula- (b) REPORT.— (2) Section 101(3) of the Comprehensive Iran tions prescribed under paragraph (1) for an ac- Sanctions, Accountability, and Divestment Act (1) REPORT REQUIRED.—Not later than 180 tivity described in paragraph (2) to the extent days after the date of the enactment of this Act, of 2010 (22 U.S.C. 8511(3)) is amended by striking the activity would meet the criteria described in ‘‘section 4 of the Office of Federal Procurement the Secretary of State shall submit to the appro- that paragraph in the absence of the involve- priate congressional committees a detailed report Policy Act (41 U.S.C. 403)’’ and inserting ‘‘sec- ment of the NIOC or the NITC. tion 133 of title 41, United States Code’’. with respect to whether each person described in ‘‘(D) DEFINITIONS.—In this paragraph: subsection (a) is responsible for or complicit in, SEC. 312. DETERMINATIONS OF WHETHER THE ‘‘(i) NIOC.—The term ‘NIOC’ means the Na- or responsible for ordering, controlling, or other- NATIONAL IRANIAN OIL COMPANY tional Iranian Oil Company. AND THE NATIONAL IRANIAN TANK- wise directing the commission of serious human ER COMPANY ARE AGENTS OR AF- ‘‘(ii) NITC.—The term ‘NITC’ means the Na- rights abuses against citizens of Iran or their FILIATES OF IRAN’S REVOLU- tional Iranian Tanker Company.’’. family members on or after June 12, 2009, re- TIONARY GUARD CORPS. (c) CONFORMING AMENDMENTS.— gardless of whether such abuses occurred in (a) SENSE OF CONGRESS.—It is the sense of (1) WAIVER.—Section 104(f) of the Comprehen- Iran. For any such person who is not included Congress that the National Iranian Oil Com- sive Iran Sanctions, Accountability, and Divest- in such report, the Secretary of State should de- pany and the National Iranian Tanker Com- ment Act of 2010 (22 U.S.C. 8513(f)) is amended scribe in the report the reasons why the person pany are not only owned and controlled by the by inserting ‘‘or section 104A’’ after ‘‘subsection was not included, including information on Government of Iran but that those companies (c)’’. whether sufficient credible evidence of responsi- provide significant support to Iran’s Revolu- (2) CLASSIFIED INFORMATION.—Section 104(g) bility for such abuses was found. tionary Guard Corps and its affiliates. of the Comprehensive Iran Sanctions, Account- (2) FORM.—The report required by paragraph (b) DETERMINATIONS.—Section 104(c) of the ability, and Divestment Act of 2010 (22 U.S.C. (1) shall be submitted in unclassified form but Comprehensive Iran Sanctions, Accountability, 8513(g)) is amended by striking ‘‘subsection may contain a classified annex. and Divestment Act of 2010 (22 U.S.C. 8513(c)) is (c)(1)’’ and inserting ‘‘paragraph (1) or (4) of (3) DEFINITION.—In this subsection, the term amended by adding at the end the following: subsection (c) or section 104A’’ both places it ap- ‘‘appropriate congressional committees’’ ‘‘(4) DETERMINATIONS REGARDING NIOC AND pears. means— NITC.— (d) APPLICABILITY.— (A) the Committee on Foreign Relations and ‘‘(A) DETERMINATIONS.—For purposes of para- (1) IN GENERAL.—If an exception to sanctions the Committee on Banking, Housing, and Urban graph (2)(E), the Secretary of the Treasury described in clause (i) or (ii) of paragraph (4)(C) Affairs of the Senate; and shall, not later than 45 days after the date of of section 104(c) of the Comprehensive Iran (B) the Committee on Foreign Affairs and the the enactment of the Iran Threat Reduction and Sanctions, Accountability, and Divestment Act Committee on Financial Services of the House of Syria Human Rights Act of 2012— of 2010, as added by subsection (b), applies to a Representatives. ‘‘(i) determine whether the NIOC or the NITC person that engages in a transaction described SEC. 402. IMPOSITION OF SANCTIONS WITH RE- is an agent or affiliate of Iran’s Revolutionary in paragraph (2) at the time of the transaction, SPECT TO THE TRANSFER OF GOODS Guard Corps; and the President is authorized not to impose sanc- OR TECHNOLOGIES TO IRAN THAT tions with respect to the transaction under— ARE LIKELY TO BE USED TO COMMIT ‘‘(ii) submit to the appropriate congressional HUMAN RIGHTS ABUSES. (A) section 302(b)(1); committees a report on the determinations made (a) IN GENERAL.—The Comprehensive Iran under clause (i), together with the reasons for (B) section 104A of the Comprehensive Iran Sanctions, Accountability, and Divestment Act those determinations. Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended by in- ‘‘(B) FORM OF REPORT.—A report submitted of 2010, as added by section 216; or serting after section 105 the following: under subparagraph (A)(ii) shall be submitted in (C) any other applicable provision of law au- ‘‘SEC. 105A. IMPOSITION OF SANCTIONS WITH RE- unclassified form but may contain a classified thorizing the imposition of sanctions with re- SPECT TO THE TRANSFER OF GOODS annex. spect to Iran. OR TECHNOLOGIES TO IRAN THAT ‘‘(C) APPLICABILITY WITH RESPECT TO PETRO- (2) TRANSACTION DESCRIBED.—A transaction ARE LIKELY TO BE USED TO COMMIT LEUM TRANSACTIONS.— described in this paragraph is a transaction— HUMAN RIGHTS ABUSES. ‘‘(i) APPLICATION OF SANCTIONS.—Except as (A) solely for the purchase of petroleum or pe- ‘‘(a) IN GENERAL.—The President shall impose provided in clause (ii), if the Secretary of the troleum products from Iran; and sanctions in accordance with subsection (c) with

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respect to each person on the list required by ‘‘(c) APPLICATION OF SANCTIONS.— ‘‘(2) UPDATES OF LIST.—The President shall subsection (b). ‘‘(1) IN GENERAL.—Subject to paragraph (2), submit to the appropriate congressional commit- ‘‘(b) LIST.— the President shall impose sanctions described tees an updated list under paragraph (1)— ‘‘(1) IN GENERAL.—Not later than 90 days after in section 105(c) with respect to a person on the ‘‘(A) each time the President is required to the date of the enactment of the Iran Threat Re- list required by subsection (b). submit an updated list to those committees duction and Syria Human Rights Act of 2012, ‘‘(2) TRANSFERS TO IRAN’S REVOLUTIONARY under section 105(b)(2)(A); and the President shall submit to the appropriate GUARD CORPS.—In the case of a person on the ‘‘(B) as new information becomes available. congressional committees a list of persons that list required by subsection (b) for transferring, ‘‘(3) FORM OF REPORT; PUBLIC AVAILABILITY.— the President determines have knowingly en- or facilitating the transfer of, goods or tech- ‘‘(A) FORM.—The list required by paragraph gaged in an activity described in paragraph (2) nologies described in subsection (b)(2)(C) to (1) shall be submitted in unclassified form but on or after such date of enactment. Iran’s Revolutionary Guard Corps, or providing may contain a classified annex. ‘‘(2) ACTIVITY DESCRIBED.— services with respect to such goods or tech- ‘‘(B) PUBLIC AVAILABILITY.—The unclassified ‘‘(A) IN GENERAL.—A person engages in an ac- nologies after such goods or technologies are portion of the list required by paragraph (1) tivity described in this paragraph if the per- transferred to Iran’s Revolutionary Guard shall be made available to the public and posted son— Corps, the President shall— on the websites of the Department of the Treas- ‘‘(i) transfers, or facilitates the transfer of, ‘‘(A) impose sanctions described in section ury and the Department of State.’’. goods or technologies described in subparagraph 105(c) with respect to the person; and (c) CLERICAL AMENDMENT.—The table of con- (C) to Iran, any entity organized under the laws ‘‘(B) impose such other sanctions from among tents for the Comprehensive Iran Sanctions, Ac- of Iran or otherwise subject to the jurisdiction of the sanctions described in section 6(a) of the countability, and Divestment Act of 2010, as the Government of Iran, or any national of Iran Sanctions Act of 1996 (Public Law 104–172; amended by section 402, is further amended by Iran, for use in or with respect to Iran; or 50 U.S.C. 1701 note) as the President determines inserting after the item relating to section 105A ‘‘(ii) provides services (including services re- appropriate.’’. the following: lating to hardware, software, and specialized (b) CLERICAL AMENDMENT.—The table of con- ‘‘Sec. 105B. Imposition of sanctions with respect information, and professional consulting, engi- tents for the Comprehensive Iran Sanctions, Ac- to persons who engage in censor- neering, and support services) with respect to countability, and Divestment Act of 2010 is ship or other related activities goods or technologies described in subparagraph amended by inserting after the item relating to against citizens of Iran.’’. (C) after such goods or technologies are trans- section 105 the following: (d) CONFORMING AMENDMENTS.—Section ferred to Iran. ‘‘Sec. 105A. Imposition of sanctions with respect ‘‘(B) APPLICABILITY TO CONTRACTS AND OTHER 401(b)(1) of the Comprehensive Iran Sanctions, to the transfer of goods or tech- Accountability, and Divestment Act of 2010 (22 AGREEMENTS.—A person engages in an activity nologies to Iran that are likely to described in subparagraph (A) without regard to U.S.C. 8551(b)(1)) is amended— be used to commit human rights (1) by inserting ‘‘, 105A(a), or 105B(a)’’ after whether the activity is carried out pursuant to abuses.’’. a contract or other agreement entered into be- ‘‘105(a)’’; and SEC. 403. IMPOSITION OF SANCTIONS WITH RE- fore, on, or after the date of the enactment of (2) by inserting ‘‘, 105A(b), or 105B(b)’’ after SPECT TO PERSONS WHO ENGAGE IN ‘‘105(b)’’. the Iran Threat Reduction and Syria Human CENSORSHIP OR OTHER RELATED Rights Act of 2012. ACTIVITIES AGAINST CITIZENS OF Subtitle B—Additional Measures to Promote ‘‘(C) GOODS OR TECHNOLOGIES DESCRIBED.— IRAN. Human Rights Goods or technologies described in this subpara- (a) SENSE OF CONGRESS.—It is the sense of SEC. 411. CODIFICATION OF SANCTIONS WITH RE- graph are goods or technologies that the Presi- Congress that— SPECT TO GRAVE HUMAN RIGHTS dent determines are likely to be used by the Gov- (1) satellite service providers and other entities ABUSES BY THE GOVERNMENTS OF ernment of Iran or any of its agencies or instru- that have direct contractual arrangements to IRAN AND SYRIA USING INFORMA- mentalities (or by any other person on behalf of provide satellite services to the Government of TION TECHNOLOGY. the Government of Iran or any of such agencies Iran or entities owned or controlled by that United States sanctions with respect to Iran or instrumentalities) to commit serious human Government should cease providing broadcast and Syria provided for in Executive Order 13606 rights abuses against the people of Iran, includ- services to that Government and those entities (77 Fed. Reg. 24571), as in effect on the day being— unless that Government ceases activities in- fore the date of the enactment of this Act, shall ‘‘(i) firearms or ammunition (as those terms tended to jam or restrict satellite signals; and remain in effect— are defined in section 921 of title 18, United (2) the United States should address the ille- (1) with respect to Iran, until the date that is States Code), rubber bullets, police batons, pep- gal jamming of satellite signals by the Govern- 30 days after the date on which the President per or chemical sprays, stun grenades, electro- ment of Iran through the voice and vote of the submits to Congress the certification described shock weapons, tear gas, water cannons, or sur- United States in the United Nations Inter- in section 401(a) of the Comprehensive Iran veillance technology; or national Telecommunications Union. Sanctions, Accountability, and Divestment Act ‘‘(ii) sensitive technology (as defined in sec- (b) IMPOSITION OF SANCTIONS.—The Com- of 2010 (22 U.S.C. 8551(a)); and tion 106(c)). prehensive Iran Sanctions, Accountability, and (2) with respect to Syria, until the date on ‘‘(3) SPECIAL RULE TO ALLOW FOR TERMI- Divestment Act of 2010 (22 U.S.C. 8501 et seq.), which the provisions of and sanctions imposed NATION OF SANCTIONABLE ACTIVITY.—The Presi- as amended by section 402, is further amended pursuant to title VII terminate pursuant to sec- dent shall not be required to include a person on by inserting after section 105A the following: tion 706. the list required by paragraph (1) if the Presi- SEC. 105B. IMPOSITION OF SANCTIONS WITH RE- SEC. 412. CLARIFICATION OF SENSITIVE TECH- dent certifies in writing to the appropriate con- SPECT TO PERSONS WHO ENGAGE IN NOLOGIES FOR PURPOSES OF PRO- gressional committees that— CENSORSHIP OR OTHER RELATED CUREMENT BAN UNDER COM- ‘‘(A) the person is no longer engaging in, or ACTIVITIES AGAINST CITIZENS OF PREHENSIVE IRAN SANCTIONS, AC- has taken significant verifiable steps toward IRAN. COUNTABILITY, AND DIVESTMENT stopping, the activity described in paragraph (2) ‘‘(a) IN GENERAL.—The President shall impose ACT OF 2010. for which the President would otherwise have sanctions described in section 105(c) with respect The Secretary of State shall— included the person on the list; and to each person on the list required by subsection (1) not later than 90 days after the date of the ‘‘(B) the President has received reliable assur- (b). enactment of this Act, issue guidelines to fur- ances that the person will not knowingly engage ‘‘(b) LIST OF PERSONS WHO ENGAGE IN CEN- ther describe the technologies that may be con- in any activity described in paragraph (2) in the SORSHIP.— sidered ‘‘sensitive technology’’ for purposes of future. ‘‘(1) IN GENERAL.—Not later than 90 days after section 106 of the Comprehensive Iran Sanc- ‘‘(4) UPDATES OF LIST.—The President shall the date of the enactment of the Iran Threat Re- tions, Accountability, and Divestment Act of submit to the appropriate congressional commit- duction and Syria Human Rights Act of 2012, 2010 (22 U.S.C. 8515), with special attention to tees an updated list under paragraph (1)— the President shall submit to the appropriate new forms of sophisticated jamming, monitoring, ‘‘(A) each time the President is required to congressional committees a list of persons that and surveillance technology relating to mobile submit an updated list to those committees the President determines have, on or after June telecommunications and the Internet, and pub- under section 105(b)(2)(A); and 12, 2009, engaged in censorship or other activi- lish those guidelines in the Federal Register; ‘‘(B) as new information becomes available. ties with respect to Iran that— (2) determine the types of technologies that ‘‘(5) FORM OF REPORT; PUBLIC AVAILABILITY.— ‘‘(A) prohibit, limit, or penalize the exercise of enable any indigenous capabilities that Iran has ‘‘(A) FORM.—The list required by paragraph freedom of expression or assembly by citizens of to disrupt and monitor information and commu- (1) shall be submitted in unclassified form but Iran; or nications in that country, and consider adding may contain a classified annex. ‘‘(B) limit access to print or broadcast media, descriptions of those items to the guidelines; and ‘‘(B) PUBLIC AVAILABILITY.—The unclassified including the facilitation or support of inten- (3) periodically review, but in no case less portion of the list required by paragraph (1) tional frequency manipulation by the Govern- than once each year, the guidelines and, if nec- shall be made available to the public and posted ment of Iran or an entity owned or controlled by essary, amend the guidelines on the basis of on the websites of the Department of the Treas- that Government that would jam or restrict an technological developments and new informa- ury and the Department of State. international signal. tion regarding transfers of technologies to Iran

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EXPEDITED CONSIDERATION OF RE- vulnerable human rights advocates seeking to that is— QUESTS FOR AUTHORIZATION OF organize, share information, and support (A) held in the United States for a foreign se- CERTAIN HUMAN RIGHTS-, HUMANI- human rights in Iran; curities intermediary doing business in the TARIAN-, AND DEMOCRACY-RELATED (7) expand surrogate radio, television, live United States, ACTIVITIES WITH RESPECT TO IRAN. stream, and social network communications in- (B) a blocked asset (whether or not subse- (a) REQUIREMENT.—The Office of Foreign As- side Iran, including— quently unblocked) that is property described in sets Control, in consultation with the Depart- (A) by expanding Voice of America’s Persian subsection (b), and ment of State, shall establish an expedited proc- News Network and Radio Free Europe/Radio (C) equal in value to a financial asset of Iran, ess for the consideration of complete requests for Liberty’s Radio Farda to provide hourly live including an asset of the central bank or mone- authorization to engage in human rights-, hu- news update programming and breaking news tary authority of the Government of Iran or any manitarian-, or democracy-related activities re- coverage capability 24 hours a day and 7 days agency or instrumentality of that Government, lating to Iran that are submitted by— a week; and that such foreign securities intermediary or a re- (1) entities receiving funds from the Depart- (B) by assisting telecommunications and soft- lated intermediary holds abroad, ment of State to engage in the proposed activity; (2) the Broadcasting Board of Governors; and ware companies that are United States persons shall be subject to execution or attachment in (3) other appropriate agencies of the United to comply with the export licensing requirements aid of execution in order to satisfy any judg- States Government. of the United States for the purpose of expand- ment to the extent of any compensatory dam- (b) PROCEDURES.—Requests for authorization ing such communications inside Iran; ages awarded against Iran for damages for per- under subsection (a) shall be submitted to the (8) expand activities to safely assist and train sonal injury or death caused by an act of tor- Office of Foreign Assets Control in conformance human rights, civil society, and democracy ac- ture, extrajudicial killing, aircraft sabotage, or with the Office’s regulations, including section tivists in Iran to operate effectively and se- hostage-taking, or the provision of material sup- 501.801 of title 31, Code of Federal Regulations curely; port or resources for such an act. (commonly known as the Reporting, Procedures (9) identify and utilize all available resources (2) COURT DETERMINATION REQUIRED.—In and Penalties Regulations). Applicants shall to overcome attempts by the Government of Iran order to ensure that Iran is held accountable for fully disclose the parties to the transactions as to jam or otherwise deny international satellite paying the judgments described in paragraph (1) well as describe the activities to be undertaken. broadcasting signals; and in furtherance of the broader goals of this License applications involving the exportation (10) expand worldwide United States embassy Act to sanction Iran, prior to an award turning or reexportation of goods, technology, or soft- and consulate programming for and outreach to over any asset pursuant to execution or attach- ware to Iran shall include a copy of an official Iranian dissident communities; ment in aid of execution with respect to any Commodity Classification issued by the Depart- (11) expand access to proxy servers for democ- judgments against Iran described in paragraph ment of Commerce, Bureau of Industry and Se- racy activists in Iran; and (1), the court shall determine whether Iran curity, as part of the license application. (12) discourage telecommunications and soft- holds equitable title to, or the beneficial interest (c) FOREIGN POLICY REVIEW.—The Depart- ware companies from facilitating Internet cen- in, the assets described in subsection (b) and ment of State shall complete a foreign policy re- sorship by the Government of Iran. that no other person possesses a constitutionally view of a request for authorization under sub- SEC. 415. STATEMENT OF POLICY ON POLITICAL protected interest in the assets described in subsection (a) not later than 30 days after the re- PRISONERS. section (b) under the Fifth Amendment to the quest is referred to the Department by the Office It shall be the policy of the United States— Constitution of the United States. To the extent of Foreign Assets Control. (1) to support efforts to research and identify the court determines that a person other than (d) LICENSE DETERMINATIONS.—License deter- prisoners of conscience and cases of human Iran holds— minations for complete requests for authoriza- rights abuses in Iran; (A) equitable title to, or a beneficial interest tion under subsection (a) shall be made not later (2) to offer refugee status or political asylum in, the assets described in subsection (b) (exclud- than 90 days after receipt by the Office of For- in the United States to political dissidents in ing a custodial interest of a foreign securities eign Assets Control, with the following excep- Iran if requested and consistent with the laws intermediary or a related intermediary that tions: and national security interests of the United holds the assets abroad for the benefit of Iran), (1) Any requests involving the exportation or States; or reexportation to Iran of goods, technology, or (3) to offer to assist, through the United Na- (B) a constitutionally protected interest in the software listed on the Commerce Control List tions High Commissioner for Refugees, with the assets described in subsection (b), maintained pursuant to part 774 of title 15, Code relocation of such political prisoners to other such assets shall be available only for execution of Federal Regulations, shall be processed in a countries if requested, as appropriate and with or attachment in aid of execution to the extent manner consistent with the Iran-Iraq Arms Non- appropriate consideration for the national secu- of Iran’s equitable title or beneficial interest Proliferation Act of 1992 (title XVI of Public rity interests of the United States; and therein and to the extent such execution or at- Law 102–484) and other applicable provisions of (4) to publicly call for the release of Iranian tachment does not infringe upon such constitu- law. dissidents by name and raise awareness with re- tionally protected interest. (2) Any other requests presenting unusual or spect to individual cases of Iranian dissidents (b) FINANCIAL ASSETS DESCRIBED.—The finan- extraordinary circumstances. and prisoners of conscience, as appropriate and cial assets described in this section are the fi- (e) REGULATIONS.—The Secretary of the if requested by the dissidents or prisoners them- nancial assets that are identified in and the Treasury may prescribe such regulations as are selves or their families. subject of proceedings in the United States Dis- trict Court for the Southern District of New appropriate to carry out this section. TITLE V—MISCELLANEOUS SEC. 414. COMPREHENSIVE STRATEGY TO PRO- York in Peterson et al. v. Islamic Republic of MOTE INTERNET FREEDOM AND AC- SEC. 501. EXCLUSION OF CITIZENS OF IRAN SEEK- Iran et al., Case No. 10 Civ. 4518 (BSJ) (GWG), CESS TO INFORMATION IN IRAN. ING EDUCATION RELATING TO THE that were restrained by restraining notices and Not later than 90 days after the date of the NUCLEAR AND ENERGY SECTORS OF levies secured by the plaintiffs in those pro- IRAN. enactment of this Act, the Secretary of State, in ceedings, as modified by court order dated June (a) IN GENERAL.—The Secretary of State shall consultation with the Secretary of the Treasury 27, 2008, and extended by court orders dated deny a visa to, and the Secretary of Homeland and the heads of other Federal agencies, as ap- June 23, 2009, May 10, 2010, and June 11, 2010, Security shall exclude from the United States, propriate, shall submit to the appropriate con- so long as such assets remain restrained by any alien who is a citizen of Iran that the Sec- gressional committees a comprehensive strategy court order. retary of State determines seeks to enter the to— (c) RULES OF CONSTRUCTION.—Nothing in this United States to participate in coursework at an (1) assist the people of Iran to produce, access, section shall be construed— and share information freely and safely via the institution of higher education (as defined in (1) to affect the availability, or lack thereof, Internet, including in Farsi and regional lan- section 101(a) of the Higher Education Act of of a right to satisfy a judgment in any other ac- guages; 1965 (20 U.S.C. 1001(a))) to prepare the alien for tion against a terrorist party in any proceedings (2) support the development of counter-censor- a career in the energy sector of Iran or in nu- other than proceedings referred to in subsection ship technologies that enable the citizens of clear science or nuclear engineering or a related (b); or Iran to undertake Internet activities without in- field in Iran. (2) to apply to assets other than the assets de- terference from the Government of Iran; (b) APPLICABILITY.—Subsection (a) applies scribed in subsection (b), or to preempt State (3) increase the capabilities and availability of with respect to visa applications filed on or after law, including the Uniform Commercial Code, secure mobile and other communications the date of the enactment of this Act. except as expressly provided in subsection (a)(1). through connective technology among human SEC. 502. INTERESTS IN CERTAIN FINANCIAL AS- (d) DEFINITIONS.—In this section: rights and democracy activists in Iran; SETS OF IRAN. (1) BLOCKED ASSET.—The term ‘‘blocked (4) provide resources for digital safety training (a) INTERESTS IN BLOCKED ASSETS.— asset’’— for media and academic and civil society organi- (1) IN GENERAL.—Subject to paragraph (2), (A) means any asset seized or frozen by the zations in Iran; notwithstanding any other provision of law, in- United States under section 5(b) of the Trading

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00039 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13094 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 With the Enemy Act (50 U.S.C. App. 5(b)) or (A) in the paragraph heading, by inserting (3) by adding at the end the following: under section 202 or 203 of the International ‘‘AGRICULTURAL COMMODITIES,’’ after ‘‘SALES ‘‘(i) TERMINATION.—The provisions of this sec- Emergency Economic Powers Act (50 U.S.C. 1701 OF’’; and tion shall terminate on the date that is 30 days and 1702); and (B) in the text, by inserting ‘‘agricultural after the date on which the President submits to (B) does not include property that— commodities,’’ after ‘‘sale of’’. Congress the certification described in section (i) is subject to a license issued by the United (2) EFFECTIVE DATE.—The amendments made 401(a) of the Comprehensive Iran Sanctions, Ac- States Government for final payment, transfer, by paragraph (1) shall take effect as if included countability, and Divestment Act of 2010 (22 or disposition by or to a person subject to the ju- in the National Defense Authorization Act for U.S.C. 8551(a)).’’. risdiction of the United States in connection Fiscal Year 2012 (Public Law 112–81; 125 Stat. (b) EFFECTIVE DATE.—The amendments made with a transaction for which the issuance of the 1298). by paragraphs (1) and (2) of subsection (a) shall license has been specifically required by a provi- (b) REPORT OF ENERGY INFORMATION ADMINIS- apply with respect to financial transactions sion of law other than the International Emer- TRATION.— conducted or facilitated on or after the date gency Economic Powers Act (50 U.S.C. 1701 et (1) IN GENERAL.—Section 1245(d)(4)(A) of the that is 180 days after the date of the enactment seq.) or the United Nations Participation Act of National Defense Authorization Act for Fiscal of this Act. 1945 (22 U.S.C. 287 et seq.); or Year 2012 (22 U.S.C. 8513a(d)(4)(A)) is amend- SEC. 505. REPORTS ON NATURAL GAS EXPORTS (ii) is property subject to the Vienna Conven- ed— FROM IRAN. tion on Diplomatic Relations or the Vienna Con- (A) by striking ‘‘60 days after the date of the (a) REPORT BY ENERGY INFORMATION ADMIN- vention on Consular Relations, or that enjoys enactment of this Act, and every 60 days there- ISTRATION.—Not later than 60 days after the equivalent privileges and immunities under the after’’ and inserting ‘‘October 25, 2012, and the date of the enactment of this Act, the Adminis- laws of the United States, and is being used ex- last Thursday of every other month thereafter’’; trator of the Energy Information Administration clusively for diplomatic or consular purposes. and shall submit to the President and the appro- (2) FINANCIAL ASSET; SECURITIES INTER- (B) by striking ‘‘60-day period’’ and inserting priate congressional committees a report on the MEDIARY.—The terms ‘‘financial asset’’ and ‘‘se- ‘‘2-month period’’. natural gas sector of Iran that includes— curities intermediary’’ have the meanings given (2) EFFECTIVE DATE.—The amendments made (1) an assessment of exports of natural gas those terms in the Uniform Commercial Code, by paragraph (1) shall take effect on September from Iran; but the former includes cash. 1, 2012. (2) an identification of the countries that pur- (3) IRAN.—The term ‘‘Iran’’ means the Gov- SEC. 504. EXPANSION OF SANCTIONS UNDER SEC- chase the most natural gas from Iran; ernment of Iran, including the central bank or TION 1245 OF THE NATIONAL DE- (3) an assessment of alternative supplies of monetary authority of that Government and FENSE AUTHORIZATION ACT FOR natural gas available to those countries; FISCAL YEAR 2012. any agency or instrumentality of that Govern- (4) an assessment of the impact a reduction in (a) IN GENERAL.—Section 1245 of the National ment. exports of natural gas from Iran would have on Defense Authorization Act for Fiscal Year 2012 (4) PERSON.— global natural gas supplies and the price of nat- (22 U.S.C. 8513a), as amended by section 503, is (A) IN GENERAL.—The term ‘‘person’’ means ural gas, especially in countries identified under further amended— an individual or entity. paragraph (2); and (1) in subsection (d)— (B) ENTITY.—The term ‘‘entity’’ means a part- (5) such other information as the Adminis- (A) in paragraph (3), by striking ‘‘a foreign fi- nership, association, trust, joint venture, cor- trator considers appropriate. nancial institution owned or controlled by the poration, group, subgroup, or other organiza- (b) REPORT BY PRESIDENT.— government of a foreign country, including’’; tion. (1) IN GENERAL.—Not later than 60 days after and (5) TERRORIST PARTY.—The term ‘‘terrorist receiving the report required by subsection (a), (B) in paragraph (4)(D)— party’’ has the meaning given that term in sec- the President shall, relying on information in tion 201(d) of the Terrorism Risk Insurance Act (i) by striking ‘‘Sanctions imposed’’ and inserting the following: that report, submit to the appropriate congres- of 2002 (28 U.S.C. 1610 note). sional committees a report that includes— ‘‘(i) IN GENERAL.—Sanctions imposed’’; (6) UNITED STATES.—The term ‘‘United States’’ (A) an assessment of— includes all territory and waters, continental, or (ii) in clause (i), as designated by clause (i) of this subparagraph— (i) the extent to which revenues from exports insular, subject to the jurisdiction of the United of natural gas from Iran are still enriching the States. (I) by striking ‘‘a foreign financial institution’’ and inserting ‘‘a financial transaction de- Government of Iran; (e) TECHNICAL CHANGES TO THE FOREIGN SOV- (ii) whether a sanctions regime similar to the EREIGN IMMUNITIES ACT.— scribed in clause (ii) conducted or facilitated by a foreign financial institution’’; sanctions regime imposed with respect to pur- (1) TITLE 28, UNITED STATES CODE.—Section chases of petroleum and petroleum products 1610 of title 28, United States Code, is amend- (II) by striking ‘‘institution has significantly’’ and inserting ‘‘institution— from Iran pursuant to section 1245 of the Na- ed— tional Defense Authorization Act for Fiscal (A) in subsection (a)(7), by inserting after ‘‘(I) has significantly reduced’’; Year 2012, as amended by sections 503 and 504, ‘‘section 1605A’’ the following: ‘‘or section (III) by striking the period at the end and in- or other measures could be applied effectively to 1605(a)(7) (as such section was in effect on Jan- serting ‘‘; or’’; and exports of natural gas from Iran; uary 27, 2008)’’; and (IV) by adding at the end the following: (iii) the geostrategic implications of a reduc- (B) in subsection (b)— ‘‘(II) in the case of a country that has pre- tion in exports of natural gas from Iran, includ- (i) in paragraph (2)— viously received an exception under this sub- ing the impact of such a reduction on the coun- (I) by striking ‘‘(5), 1605(b), or 1605A’’ and in- paragraph, has, after receiving the exception, tries identified under subsection (a)(2); serting ‘‘(5) or 1605(b)’’; and reduced its crude oil purchases from Iran to (II) by striking the period at the end and in- zero.’’; and (iv) alternative supplies of natural gas avail- serting ‘‘, or’’; and (iii) by adding at the end the following: able to those countries; and (ii) by adding after paragraph (2) the fol- ‘‘(ii) FINANCIAL TRANSACTIONS DESCRIBED.—A (v) the impact a reduction in exports of nat- lowing: financial transaction conducted or facilitated by ural gas from Iran would have on global nat- ‘‘(3) the judgment relates to a claim for which a foreign financial institution is described in ural gas supplies and the price of natural gas the agency or instrumentality is not immune by this clause if— and the impact, if any, on swap arrangements virtue of section 1605A of this chapter or section ‘‘(I) the financial transaction is only for trade for natural gas in place between Iran and 1605(a)(7) of this chapter (as such section was in in goods or services between the country with neighboring countries; and effect on January 27, 2008), regardless of wheth- primary jurisdiction over the foreign financial (B) specific recommendations with respect to er the property is or was involved in the act institution and Iran; and measures designed to limit the revenue received upon which the claim is based.’’. ‘‘(II) any funds owed to Iran as a result of by the Government of Iran from exports of nat- (2) TERRORISM RISK INSURANCE ACT OF 2002.— such trade are credited to an account located in ural gas; and Section 201(a) of the Terrorism Risk Insurance the country with primary jurisdiction over the (C) any other information the President con- Act of 2002 (28 U.S.C. 1610 note) is amended by foreign financial institution.’’; siders appropriate. striking ‘‘section 1605(a)(7)’’ and inserting ‘‘sec- (2) in subsection (h)— (2) FORM OF REPORT.—Each report required tion 1605A or 1605(a)(7) (as such section was in (A) by redesignating paragraph (3) as para- by paragraph (1) shall be submitted in unclassi- effect on January 27, 2008)’’. graph (4); and fied form but may contain a classified annex. SEC. 503. TECHNICAL CORRECTIONS TO SECTION (B) by inserting after paragraph (2) the fol- SEC. 506. REPORT ON MEMBERSHIP OF IRAN IN 1245 OF THE NATIONAL DEFENSE AU- lowing: INTERNATIONAL ORGANIZATIONS. THORIZATION ACT FOR FISCAL YEAR ‘‘(3) SIGNIFICANT REDUCTIONS.—The terms ‘re- Not later than 180 days after the date of the 2012. duce significantly’, ‘significant reduction’, and enactment of this Act, and not later than Sep- (a) EXCEPTION FOR SALES OF AGRICULTURAL ‘significantly reduced’, with respect to pur- tember 1 of each year thereafter, the Secretary COMMODITIES.— chases from Iran of petroleum and petroleum of State shall submit to the appropriate congres- (1) IN GENERAL.—Section 1245(d)(2) of the Na- products, include a reduction in such purchases sional committees a report listing the inter- tional Defense Authorization Act for Fiscal in terms of price or volume toward a complete national organizations of which Iran is a mem- Year 2012 (22 U.S.C. 8513a(d)(2)) is amended— cessation of such purchases.’’; and ber and detailing the amount that the United

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States contributes to each such organization on scribed in paragraph (2) has increased relative (A) FORM.—The list required by paragraph (1) an annual basis. to the percentage of the equity interest in the shall be submitted in unclassified form but may SEC. 507. SENSE OF CONGRESS ON EXPORTATION project held by or on behalf of such an entity on contain a classified annex. OF GOODS, SERVICES, AND TECH- January 1, 2002; or (B) PUBLIC AVAILABILITY.—The unclassified NOLOGIES FOR AIRCRAFT PRO- (B) an entity described in paragraph (2) has portion of the list required by paragraph (1) DUCED IN THE UNITED STATES. assumed an operational role in the project. shall be made available to the public and posted It is the sense of Congress that licenses to ex- (2) ENTITY DESCRIBED.—An entity described in on the websites of the Department of the Treas- port or reexport goods, services, or technologies this paragraph is— ury and the Department of State. for aircraft produced in the United States (A) an entity— (4) CONSIDERATION OF DATA FROM OTHER should be provided only in situations in which (i) owned or controlled by the Government of COUNTRIES AND NONGOVERNMENTAL ORGANIZA- such licenses are truly essential and in a man- Iran or identified under section 560.304 of title TIONS.—In preparing the list required by para- ner consistent with the laws and foreign policy 31, Code of Federal Regulations (relating to the graph (1), the President shall consider credible goals of the United States. definition of the Government of Iran); or data already obtained by other countries and TITLE VI—GENERAL PROVISIONS (ii) organized under the laws of Iran or with nongovernmental organizations, including orga- SEC. 601. IMPLEMENTATION; PENALTIES. the participation or approval of the Government nizations in Syria, that monitor the human (a) IMPLEMENTATION.—The President may ex- of Iran; rights abuses of the Government of Syria. ercise all authorities provided under sections 203 (B) an entity owned or controlled by an entity (c) SANCTIONS DESCRIBED.—The sanctions de- and 205 of the International Emergency Eco- described in subparagraph (A); or scribed in this subsection are sanctions pursu- nomic Powers Act (50 U.S.C. 1702 and 1704) to (C) a successor entity to an entity described in ant to the International Emergency Economic carry out— subparagraph (A). Powers Act (50 U.S.C. 1701 et seq.), including (1) sections 211, 212, 213, 217, 218, 220, 312, and SEC. 604. RULE OF CONSTRUCTION WITH RE- blocking of property and restrictions or prohibi- 411, subtitle A of title III, and title VII; SPECT TO USE OF FORCE AGAINST tions on financial transactions and the expor- (2) section 104A of the Comprehensive Iran IRAN AND SYRIA. tation of property, subject to such regulations as Sanctions, Accountability, and Divestment Act Nothing in this Act or the amendments made the President may prescribe. of 2010, as added by section 312; and by this Act shall be construed as a declaration SEC. 703. IMPOSITION OF SANCTIONS WITH RE- (3) sections 105A and 105B of the Comprehen- of war or an authorization of the use of force SPECT TO THE TRANSFER OF GOODS sive Iran Sanctions, Accountability, and Divest- against Iran or Syria. OR TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE USED TO COMMIT ment Act of 2010, as added by subtitle A of title SEC. 605. TERMINATION. HUMAN RIGHTS ABUSES. IV. (a) IN GENERAL.—The provisions of sections (a) IN GENERAL.—The President shall impose (b) PENALTIES.— 211, 212, 213, 218, 220, 221, and 501, title I, and sanctions described in section 702(c) with respect (1) IN GENERAL.—The penalties provided for in subtitle A of title III shall terminate on the date to— subsections (b) and (c) of section 206 of the that is 30 days after the date on which the (1) each person on the list required by sub- International Emergency Economic Powers Act President makes the certification described in section (b); and (50 U.S.C. 1705) shall apply to a person that vio- section 401(a) of the Comprehensive Iran Sanc- (2) any person that— lates, attempts to violate, conspires to violate, or tions, Accountability, and Divestment Act of (A) is a successor entity to a person on the causes a violation of a provision specified in 2010 (22 U.S.C. 8551(a)). list; paragraph (2) of this subsection, or an order or (b) AMENDMENT TO TERMINATION DATE OF (B) owns or controls a person on the list, if regulation prescribed under such a provision, to COMPREHENSIVE IRAN SANCTIONS, ACCOUNT- the person that owns or controls the person on the same extent that such penalties apply to a ABILITY, AND DIVESTMENT ACT OF 2010.—Section the list had actual knowledge or should have person that commits an unlawful act described 401(a)(2) of the Comprehensive Iran Sanctions, known that the person on the list engaged in in section 206(a) of that Act. Accountability, and Divestment Act of 2010 (22 the activity described in subsection (b)(2) for (2) PROVISIONS SPECIFIED.—The provisions U.S.C. 8551(a)(2)) is amended by inserting ‘‘, which the person was included in the list; or specified in this paragraph are the following: and verifiably dismantled its,’’ after ‘‘develop- (C) is owned or controlled by, or under com- (A) Sections 211, 212, 213, and 220, subtitle A ment of’’. mon ownership or control with, the person on of title III, and title VII. the list, if the person owned or controlled by, or TITLE VII—SANCTIONS WITH RESPECT TO (B) Sections 105A and 105B of the Comprehen- under common ownership or control with (as the HUMAN RIGHTS ABUSES IN SYRIA sive Iran Sanctions, Accountability, and Divest- case may be), the person on the list knowingly ment Act of 2010, as added by subtitle A of title SEC. 701. SHORT TITLE. engaged in the activity described in subsection IV. This title may be cited as the ‘‘Syria Human (b)(2) for which the person was included in the SEC. 602. APPLICABILITY TO CERTAIN INTEL- Rights Accountability Act of 2012’’. list. LIGENCE ACTIVITIES. SEC. 702. IMPOSITION OF SANCTIONS WITH RE- (b) LIST.— Nothing in this Act or the amendments made SPECT TO CERTAIN PERSONS WHO (1) IN GENERAL.—Not later than 120 days after by this Act shall apply to the authorized intel- ARE RESPONSIBLE FOR OR the date of the enactment of this Act, the Presi- ligence activities of the United States. COMPLICIT IN HUMAN RIGHTS dent shall submit to the appropriate congres- SEC. 603. APPLICABILITY TO CERTAIN NATURAL ABUSES COMMITTED AGAINST CITI- sional committees a list of persons that the GAS PROJECTS. ZENS OF SYRIA OR THEIR FAMILY MEMBERS. President determines have knowingly engaged (a) EXCEPTION FOR CERTAIN NATURAL GAS in an activity described in paragraph (2) on or (a) IN GENERAL.—The President shall impose PROJECTS.—Nothing in this Act or the amend- after such date of enactment. sanctions described in subsection (c) with re- ments made by this Act shall apply to any activ- (2) ACTIVITY DESCRIBED.— ity relating to a project— spect to each person on the list required by sub- (A) IN GENERAL.—A person engages in an ac- (1) for the development of natural gas and the section (b). tivity described in this paragraph if the per- construction and operation of a pipeline to (b) LIST OF PERSONS WHO ARE RESPONSIBLE son— transport natural gas from Azerbaijan to Tur- FOR OR COMPLICIT IN CERTAIN HUMAN RIGHTS (i) transfers, or facilitates the transfer of, key and Europe; ABUSES.— goods or technologies described in subparagraph (2) that provides to Turkey and countries in (1) IN GENERAL.—Not later than 120 days after (C) to Syria; or Europe energy security and energy independ- the date of the enactment of this Act, the Presi- (ii) provides services with respect to goods or ence from the Government of the Russian Fed- dent shall submit to the appropriate congres- technologies described in subparagraph (C) after eration and other governments with jurisdiction sional committees a list of persons who are offi- such goods or technologies are transferred to over persons subject to sanctions imposed under cials of the Government of Syria or persons act- Syria. this Act or amendments made by this Act; and ing on behalf of that Government that the Presi- (B) APPLICABILITY TO CONTRACTS AND OTHER (3) that was initiated before the date of the dent determines, based on credible evidence, are AGREEMENTS.—A person engages in an activity enactment of this Act pursuant to a production- responsible for or complicit in, or responsible for described in subparagraph (A) without regard to sharing agreement, or an ancillary agreement ordering, controlling, or otherwise directing, the whether the activity is carried out pursuant to necessary to further a production-sharing agree- commission of serious human rights abuses a contract or other agreement entered into be- ment, entered into with, or a license granted by, against citizens of Syria or their family mem- fore, on, or after the date of the enactment of the government of a country other than Iran be- bers, regardless of whether such abuses occurred this Act. fore such date of enactment. in Syria. (C) GOODS OR TECHNOLOGIES DESCRIBED.— (b) TERMINATION OF EXCEPTION.— (2) UPDATES OF LIST.—The President shall Goods or technologies described in this subpara- (1) IN GENERAL.—The exception under sub- submit to the appropriate congressional commit- graph are goods or technologies that the Presi- section (a) shall not apply with respect to a tees an updated list under paragraph (1)— dent determines are likely to be used by the Gov- project described in that subsection on or after (A) not later than 300 days after the date of ernment of Syria or any of its agencies or in- the date on which the President certifies to the the enactment of this Act and every 180 days strumentalities to commit human rights abuses appropriate congressional committees that— thereafter; and against the people of Syria, including— (A) the percentage of the equity interest in the (B) as new information becomes available. (i) firearms or ammunition (as those terms are project held by or on behalf of an entity de- (3) FORM OF REPORT; PUBLIC AVAILABILITY.— defined in section 921 of title 18, United States

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00041 Fmt 0688 Sfmt 6333 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13096 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Code), rubber bullets, police batons, pepper or shall be made available to the public and posted time to the gentleman from Ohio (Mr. chemical sprays, stun grenades, electroshock on the websites of the Department of the Treas- KUCINICH) and ask unanimous consent weapons, tear gas, water cannons, or surveil- ury and the Department of State. that he be allowed to control those 5 lance technology; or SEC. 705. WAIVER. minutes. (ii) sensitive technology. The President may waive the requirement to (D) SENSITIVE TECHNOLOGY DEFINED.— The SPEAKER pro tempore. Is there include a person on a list required by section objection to the request of the gentle- (i) IN GENERAL.—For purposes of subpara- 702, 703, or 704 or to impose sanctions pursuant graph (C), the term ‘‘sensitive technology’’ to any such section if the President— woman from Florida? means hardware, software, telecommunications (1) determines that such a waiver is in the na- Mr. KUCINICH. Mr. Speaker, reserv- equipment, or any other technology, that the tional security interests of the United States; ing the right to object, are we appor- President determines is to be used specifically— and tioning that 5 minutes from each side? (I) to restrict the free flow of unbiased infor- (2) submits to the appropriate congressional Mr. BERMAN. Will the gentleman mation in Syria; or committees a report on the reasons for that de- yield? (II) to disrupt, monitor, or otherwise restrict termination. speech of the people of Syria. Mr. KUCINICH. I yield to the gen- SEC. 706. TERMINATION. (ii) EXCEPTION.—The term ‘‘sensitive tech- tleman from California. nology’’ does not include information or infor- (a) IN GENERAL.—The provisions of this title Mr. BERMAN. At the point where I mational materials the exportation of which the and any sanctions imposed pursuant to this title am recognized, I will be also seeking President does not have the authority to regu- shall terminate on the date on which the Presi- unanimous consent for the same kind dent submits to the appropriate congressional late or prohibit pursuant to section 203(b)(3) of of referral of time to your control. the International Emergency Economic Powers committees— (1) the certification described in subsection Mr. KUCINICH. I withdraw my res- Act (50 U.S.C. 1702(b)(3)). ervation. (3) SPECIAL RULE TO ALLOW FOR TERMINATION (b); and OF SANCTIONABLE ACTIVITY.—The President (2) a certification that— The SPEAKER pro tempore. Is there shall not be required to include a person on the (A) the Government of Syria is democratically objection to the request of the gentle- list required by paragraph (1) if the President elected and representative of the people of woman from Florida? certifies in writing to the appropriate congres- Syria; or There was no objection. sional committees that— (B) a legitimate transitional government of Mr. BERMAN. Mr. Speaker, I would (A) the person is no longer engaging in, or has Syria is in place. also yield 5 minutes of my time to the taken significant verifiable steps toward stop- (b) CERTIFICATION DESCRIBED.—A certification described in this subsection is a certifi- gentleman from Ohio and ask unani- ping, the activity described in paragraph (2) for mous consent that he be allowed to which the President would otherwise have in- cation by the President that the Government of cluded the person on the list; and Syria— control those 5 minutes. (B) the President has received reliable assur- (1) has unconditionally released all political The SPEAKER pro tempore. Is there ances that the person will not knowingly engage prisoners; objection to the request of the gen- in any activity described in paragraph (2) in the (2) has ceased its practices of violence, unlaw- tleman from California? future. ful detention, torture, and abuse of citizens of There was no objection. Syria engaged in peaceful political activity; (4) UPDATES OF LIST.—The President shall GENERAL LEAVE (3) has ceased its practice of procuring sen- submit to the appropriate congressional commit- Ms. ROS-LEHTINEN. Mr. Speaker, I tees an updated list under paragraph (1)— sitive technology designed to restrict the free (A) not later than 300 days after the date of flow of unbiased information in Syria, or to dis- ask unanimous consent that all Mem- the enactment of this Act and every 180 days rupt, monitor, or otherwise restrict the right of bers may have 5 legislative days to re- thereafter; and citizens of Syria to freedom of expression; vise and extend their remarks and to (B) as new information becomes available. (4) has ceased providing support for foreign include extraneous material on the (5) FORM OF REPORT; PUBLIC AVAILABILITY.— terrorist organizations and no longer allows measure under consideration. (A) FORM.—The list required by paragraph (1) such organizations, including Hamas, The SPEAKER pro tempore. Is there Hezbollah, and Palestinian Islamic Jihad, to shall be submitted in unclassified form but may objection to the request of the gentle- contain a classified annex. maintain facilities in territory under the control (B) PUBLIC AVAILABILITY.—The unclassified of the Government of Syria; and woman from Florida? portion of the list required by paragraph (1) (5) has ceased the development and deploy- There was no objection. shall be made available to the public and posted ment of medium- and long-range surface-to-sur- Ms. ROS-LEHTINEN. Mr. Speaker, I on the websites of the Department of the Treas- face ballistic missiles; yield myself such time as I may con- ury and the Department of State. (6) is not pursuing or engaged in the research, sume. SEC. 704. IMPOSITION OF SANCTIONS WITH RE- development, acquisition, production, transfer, Mr. Speaker, I have spoken on this SPECT TO PERSONS WHO ENGAGE IN or deployment of biological, chemical, or nuclear floor many times about the Iranian CENSORSHIP OR OTHER FORMS OF weapons, and has provided credible assurances threat and the need for action to stop REPRESSION IN SYRIA. that it will not engage in such activities in the (a) IN GENERAL.—The President shall impose future; and it, but ultimately we will all be judged sanctions described in section 702(c) with respect (7) has agreed to allow the United Nations by a simple question: Did we stop Iran to each person on the list required by subsection and other international observers to verify that from getting a nuclear weapons capa- (b). the Government of Syria is not engaging in such bility? If the answer is ‘‘no,’’ if we fail, (b) LIST OF PERSONS WHO ENGAGE IN CENSOR- activities and to assess the credibility of the as- then nothing else matters. If we fail, it SHIP.— surances provided by that Government. would be of no comfort to the Amer- (1) IN GENERAL.—Not later than 120 days after (c) SUSPENSION OF SANCTIONS AFTER ELECTION the date of the enactment of this Act, the Presi- ican people whose security and future OF DEMOCRATIC GOVERNMENT.—If the President would be put in danger. If we fail, it dent shall submit to the appropriate congres- submits to the appropriate congressional com- sional committees a list of persons that the mittees the certification described in subsection would be of no comfort to our ally, President determines have engaged in censor- (a)(2), the President may suspend the provisions Israel, whose very existence would be ship, or activities relating to censorship, in a of this title and any sanctions imposed under put in danger. manner that prohibits, limits, or penalizes the this title for not more than 180 days to allow History is full of avoidable tragedies, legitimate exercise of freedom of expression by time for a certification described in subsection of foolish countries that have allowed citizens of Syria. (b) to be submitted. their enemies to prepare to destroy (2) UPDATES OF LIST.—The President shall submit to the appropriate congressional commit- The SPEAKER pro tempore. Pursu- them. The entire world now is fully tees an updated list under paragraph (1)— ant to the rule, the gentlewoman from aware of Iran’s true intention. Now is (A) not later than 300 days after the date of Florida (Ms. ROS-LEHTINEN) and the the time to take a stand. As Sir Win- the enactment of this Act and every 180 days gentleman from California (Mr. BER- ston Churchill said: thereafter; and MAN) each will control 20 minutes. You ask, What is our aim? I can answer (B) as new information becomes available. The Chair recognizes the gentle- with one word: victory. For without victory, (3) FORM OF REPORT; PUBLIC AVAILABILITY.— woman from Florida. there is no survival. (A) FORM.—The list required by paragraph (1) shall be submitted in unclassified form but may Ms. ROS-LEHTINEN. Mr. Speaker, To get us on that path to victory, Mr. contain a classified annex. by prior agreement with the gentleman Speaker, I ask my colleagues to render (B) PUBLIC AVAILABILITY.—The unclassified from California, who will do the same, their full support to the Iran Threat portion of the list required by paragraph (1) I would like to yield 5 minutes of my Reduction and the Syria Human Rights

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13097 Act of 2012, a bicameral, bipartisan steps our allies have undertaken and Iran and who, until just a few years ago, were agreement that represents the strong- considered the actions, or the paral- proposing expanded trade agreements with est set of sanctions ever put in place ysis, of the United Nations. But most the Assad regime in Syria, have awaken to against the regime in Tehran. It black- importantly, Mr. Speaker, we have in- take a stand against the threatening activities lists virtually all of Iran’s energy, fi- tensified our response as the Iranian of these pariah states. nancial, and transportation sectors, threat has evolved and grown. Congress must carry out its responsibility to and cuts off companies that keep doing We know that ‘‘the price of freedom the American people and overwhelmingly business with Iran from access to our is eternal vigilance.’’ But far more adopt the bicameral, bipartisan agreement we markets in the United States. than vigilance is needed in this case. are considering today. This legislation also imposes sanc- Which brings us to the Iran Threat I urge the President to quickly sign it into tions to prevent Iran from repatriating Reduction and Syria Human Rights law and immediately and fully implement the any proceeds from its oil sales, depriv- Act, which we are considering today. sanctions it contains. ing the Iranian regime of 80 percent of This bipartisan, bicameral agreement Mr. BERMAN. Mr. Speaker, I am its hard currency earnings and half of seeks to tighten the choke hold on the very pleased to yield 2 minutes to the the funds that support its budget. This regime beyond anything that has been gentleman from Maryland (Mr. HOYER), bill also imposes tough new sanctions done before. It sends a clear message a national leader on the issue of non- on the National Iranian Oil Company, that the American people, through proliferation and human rights and the National Iranian Tanker Company, their elected representatives, are fully particularly our efforts to stop Iran’s and Iran’s Islamic Revolutionary committed to using every economic nuclear weapons program, the Demo- Guard Corps. It also targets Iran’s use and political lever at their disposal to cratic whip of the House. of barter transactions to bypass sanc- prevent Iran from crossing the nuclear Mr. HOYER. I thank the gentleman tions, the provisions of insurance to threshold. from California for yielding. Through this bill, we declare that the Iran’s energy sector. It also targets First, I want to rise and thank Chair- Iranian energy sector is off limits, and provisions of specialized financial mes- woman ILEANA ROS-LEHTINEN for her it blacklists any related unauthorized saging services to the Central Bank of continuing leadership and focus on this dealings. It will undermine Iran’s abil- Iran. important issue, as she does on so ity to repatriate the revenues it re- Mr. Speaker, in 1995, the late former many other issues as well. ceives from the sale of crude oil, de- Secretary of State, Warren Christopher Mr. Speaker, let me thank my friend, priving Iran of hard currency earnings said: the gentleman from California and and funds needed to sustain its nuclear ranking member of the Foreign Affairs In terms of its organization, programs, program. It prevents the purchasing of procurement, and covert activities, Iran is Committee, Mr. BERMAN. His leader- pursuing the classic route to nuclear weap- Iranian sovereign debt, thereby further ship on this issue in Congress is second ons, which has been followed by almost all limiting the regime’s ability to finance to none, and I commend him for his states that have recently sought a nuclear its illicit activities. It also expands work. capability. sanctions against Iranian and Syrian This is a bill I expect will pass with That was in 1995. officials for human rights abuses, par- overwhelming support in both parties Secretary Christopher added: ticularly those facilitated by computer and for good reason. Iran cannot be al- and network disruption, monitoring, There is no room for complacency. lowed to develop a nuclear weapon. and tracking by those governments. America’s policy, as President Obama Congress passed the Iran-Libya Sanc- Yet we should be under no illusions, has stated, is prevention, not contain- tions Act in ’96. That law, now called Mr. Speaker, that this legislation is a ment. the Iran Sanctions Act, sought to tar- magic wand that we wave, and we will We have many tools at our disposal get Iran’s economic lifeline—its energy resolve the problem overnight. Sanc- to prevent Iran from obtaining nuclear sector—and denied Tehran the finan- tions have helped to knock the regime weapons technology. While President cial resources to pursue its nuclear am- off balance. But unless the executive Obama is keeping all options on the bitions, to sponsor violent Islamic branch fully implements these meas- table, the best diplomatic tool we have groups, and to dominate the region. ures immediately, the regime is likely to deter Iran is the sanctions regime to regain its footing and further speed b 1430 his administration has expanded along up its nuclear march. So let us act now Regrettably, just a couple years after with our allies in Europe and else- to stop that march. enactment of that law, the Clinton ad- where. These sanctions have already With that, Mr. Speaker, I reserve the ministration issued a blanket waiver of had a significant effect, and Iran con- balance of my time. energy sector sanctions that has been Mr. Speaker, the threat posed by the Iranian tinues to face the prospect of severe continued by successive administra- regime is not just a threat to the United economic repercussions if they fail to tions. States, or to our allies, or to the Iranian peo- abandon their nuclear weapons plan. In 1996, U.S. concerns were not shared President Obama deserves credit for ple. by our allies in Europe and Asia, who The Iranian regime is also a threat to the his tough stances. The new sanctions argued that trade, dialogue, and en- Syrian people, because of Iran’s close ties this legislation would impose target gagement toward the Iranian regime and assistance, including weapons that have entities conducting business with would succeed in moderating Tehran’s helped the regime in Syria to slaughter thou- Iran’s insurance, energy, and shipping behavior. This allowed the Iranian sands. sectors. As a result of prohibitions on threat to flourish. Like Iran, Syria is a state sponsor of ter- repatriating oil revenues, these sanc- However, Congress continued to de- rorism that poses a threat to the U.S., to our tions would deny Iran 80 percent of its velop new legislative countermeasures ally Israel, and to other responsible nations. hard currency earnings. Iran’s banking in the form of the Iran Freedom Sup- I hope to be back on the House floor in the sector, including its central bank, is al- port Act of 2006 and the Comprehensive near future with the Syria Freedom Support ready sanctioned, a result of the Ira- Iran Sanctions, Accountability, and Di- Act to address the totality of the Syrian threat, nian Government’s financial support vestment Act of 2010 to address these but today we stand ready to hold the Assad for terrorism in the region and around Iranian threats and to hold the regime regime accountable for its gross human rights the world. accountable for its human rights viola- violations. There is no better evidence why this tions, for its state sponsorship of vio- Today, we seek to ensure that neither of bill is so important than the fact that lent extremists, and for its pursuit of a these brutal regimes has access to resources 2 weeks ago, a terrorist attack in Bul- nuclear capability. that would enable them to perpetuate their garia killed six innocent civilians, five We have analyzed Iranian reaction cruelty. of them vacationing Israelis. There and behavior in response to these new Those allies who, 16 years ago, wanted to have been numerous press reports link- sanctions. We have looked at what engage and continue business as usual with ing Iran to that attack.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13098 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 As long as Iran continues to pursue to drop drones anyplace in the world, both sides of the aisle stand together nuclear weapons, call for the destruc- with innocent people dying? against Iran. By passing this bill tion of Israel, and provide arms to ter- If we want to really care about civil today, we offer the victims’ families ror groups like Hamas and Hezbollah, liberties in Syria, why don’t we care the justice that they have long been it will face the consequences in the about the secret prisons we have and denied. form of sanctions, isolation, and the the history of torture that we have had Mr. BERMAN. Mr. Speaker, I rise in continuing reality of the option of in this country? support of H. Res. 750, and I yield my- military action. What about the fact that kill lists self 21⁄2 minutes. The SPEAKER pro tempore. The are being made by the executive branch The bill before us today marks a sig- time of the gentleman has expired. of government, and we sit idly by and nificant step forward in our sanctions Mr. BERMAN. I am pleased to yield approve of it by saying nothing, and effort against the Iranian regime and the gentleman an additional 30 sec- the American people put up with it, its illicit nuclear program, the sanc- onds. and we march in this direction, march- tions effort which even Tehran ac- Mr. HOYER. I thank the gentleman. ing into a determination to have an- knowledges is already having a stress- The United States continues to stand other war? ful impact on Iran’s economy. I want strongly with our ally Israel. And I am When you put sanctions on a coun- to commend my colleague, ILEANA ROS- proud to have led an effort earlier this try, it’s an act of war, and that is what LEHTINEN, for her work on this legisla- year with the majority leader to this is all about. The first thing you do tion; and I’m proud to be the bill’s strengthen U.S.-Israel military and in- when war breaks out between two chief cosponsor in the House. telligence relations. countries is you put sanctions on them. Building on previous sanctions, this I urge all of my colleagues to unite You blockade the country. So this is an bill adds to what the gentlelady and I behind this bill, just as we did behind act of war. set out to do when we introduced it. that one. A nuclear-armed Iran is not What would we do if somebody block- For example, through further limiting an option for the Middle East, for the aded and put sanctions on us and pre- transitions with the Central Bank of international community, and for the vented the importation of any product Iran, an initiative I originated, this United States. of this country? We would be furious. legislation restricts Iran’s ability to Mr. KUCINICH. Mr. Speaker, I yield We would declare war. We would go to repatriate the revenue it receives from war. 21⁄2 minutes to the gentleman from its diminishing oil sales. It includes Texas, Congressman RON PAUL, an b 1440 provisions that clamp down on Iran’s American patriot, someone who has So we are the antagonists. We’re over oil exports by targeting the National been relentless in his efforts to stop there poking our nose and poking our Iranian Oil Company and the National America from blundering into foreign nose in other people’s affairs, just look- Iranian Tanker Company; and it ex- adventures. ing for a chance to start another war. pands sanctions on Iranian shipping, Mr. PAUL. I thank the gentleman for First it’s Syria and then Iran. We have insurance, and financing in the energy yielding. too many wars. We need to stop the sector. I think this bill would be better wars. We don’t have the money to fight The bill also increases sanctions on named if we called it ‘‘Obsession with these wars any longer. transactions with Iran’s Islamic Revo- Iran Act of 2012’’ because this is what Ms. ROS-LEHTINEN. Mr. Speaker, lutionary Guard Corps, the spearhead we continue to be doing—obsess with I’m pleased to yield 2 minutes to the of Iran’s nuclear proliferation and ter- Iran and the idea that Iran is a threat gentleman from New York (Mr. TUR- rorism effort and the dominant player to our national security. NER), a member of our Committee on in the Iranian economy. Further, at Iran happens to be a Third World na- Foreign Affairs. my suggestion, this bill now includes a tion. They have no significant navy, Mr. TURNER of New York. Mr. measure which expands CISADA sanc- air force, intercontinental ballistic Speaker, I rise in strong support of tions beyond financial institutions to missiles. The IAEA and our CIA say H.R. 1905, the Iran Threat Reduction include more than 200 additional indi- they are not on the verge of a nuclear and Syria Human Rights Act of 2012. I viduals and companies that have been weapon. would like to applaud Chairwoman linked to Iran’s nuclear weapons of It’s so similar to what we went ROS-LEHTINEN’s tireless effort on this mass destruction and terrorism pro- through in the early part of this last legislation to ensure that Iran’s ter- grams. decade where we were beating the war rorist regime does not threaten the se- And of critical importance, this bill drums to go to war against Iraq. And it curity of the United States and our vastly strengthens sanctions on both was all a facade. There was no danger greatest ally in the Middle East, Israel. Iranian and Syrian human rights abus- from Iraq. So this is what we’re doing, I’m sure many of you remember that ers. These provisions are very impor- beating the war drums once again. Iran was found by a Federal court to tant, but the Iranians should not be Since the bill has come back from have been directly involved in both the fooled into thinking this is the last the conference, if we are to deal with 1983 attacks on the marine barracks in word on sanctions. Far from it. civil liberties in Syria—well, I happen Beirut which killed 241 soldiers and the Finally, Mr. Speaker, I want to call to be a civil libertarian. I am very con- Khobar Towers bombing in Saudi Ara- on the administration to implement cerned about civil liberties. But let me bia where a suicide bomber killed 14 the authorities we have given them, tell you, this bill is not going to do airmen. The victims and their families fully and without delay. Iran’s nuclear anything to enhance the civil liberties won a judgment in court against the clock is ticking, and time is not on our of the individuals in Syria. Iranian Government, but have had dif- side. The actions the executive branch If we were really interested in civil ficulty enforcing it because Iran could took yesterday, including the first-ever liberties, why wouldn’t we look to our- hide behind sovereign immunity. CISADA sanctions on foreign banks— selves? Why wouldn’t we look to the I introduced H.R. 4070, which is now more than 2 years after CISADA be- things we do here? What about our part of this bill, to change a specific came law—are a good beginning, but warrantless searches under the PA- part of Federal law to allow assets Iran’s nuclear weapons program con- TRIOT Act? What about the policy of seized from the Iranian Government to tinues apace. Every day, it is enriching assassination, assassinating American be allocated to the Beirut and Khobar more uranium and at higher levels. citizens? What about arrests by the Towers families to recover the judg- The only hope we have for a peaceful military, the National Defense Author- ments owed to them. It is time that solution is to apply enough pressure to ization Act? What about the drone war- Iran is held accountable for their in- ensure that Iran ends its nuclear weap- fare that we go on? Do you think we volvement in the deaths of our soldiers. ons program. The bill before us and the are protecting civil liberties by arbi- I’m proud to say that this provision action the administration has taken trarily dropping drones or threatening is truly bipartisan. My colleagues on applies significantly more pressure; but

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13099 let there be no doubt, there is more we ITED; ISIM ATR LIMITED; ISIM OLIVE GMBH & CO. KG; THIRTEENTH OCEAN can do and more that we will do if Iran LIMITED;ISIM SAT LIMITED; ISIM SEA GMBH & CO. KG; TONGHAM SHIPPING CO doesn’t end its nuclear weapons pro- CHARIOT LIMITED; ISIM SEA CRESCENT LTD; TOP GLACIER COMPANY LIMITED; gram verifiably and completely. We LIMITED; ISIM SININ LIMITED; ISIM TAJ TOP PRESTIGE TRADING LIMITED; MAHAL LIMITED; ISIM TOUR LIMITED; TOSONG TECHNOLOGY TRADING COR- have more work to do. ISLAMIC REPUBLIC OF IRAN SHIPPING PORATION; TRADE TREASURE LIMITED. SPECIALLY DESIGNATED NATIONALS AND LINES; JAFARI, Mani; JAFARI, Milad; TRANS MERITS CO. LTD.; TRUE BLOCKED PERSONS LIST SEARCH (UPDATED: JAFARI, Mohammad Javad; JAVEDAN HONOUR HOLDINGS LIMITED; TWELFTH 6/25/2012) MEHR TOOS; KAVERI MARITIME INC. OCEAN ADMINISTRATION GMBH; NPWMD KERMAN SHIPPING CO LTD; KHALILI, TWELFTH OCEAN GMBH & CO. KG; ENTITIES/INDIVIDUALS Jamshid; KHAZAR SEA SHIPPING LINES; UPPERCOURT SHIPPING COMPANY LIM- Advanced Information and Communication KOHAS AG; LANCELIN SHIPPING COM- ITED; VAHIDI, Ahmad; Value-Added Serv- Technology Center; ADVANCE NOVEL LIM- PANY LIMITED; LEADING MARITIME ices Laboratory; VALFAJR 8TH SHIPPING ITED; AEROSPACE INDUSTRIES ORGANI- PTE. LTD.; LERCH, Gotthard; LOGISTIC LINE CO SSK; VOBSTER SHIPPING COM- ZATION; AFZALI, Ali; ALPHA EFFORT SMART LIMITED; LOWESWATER LIM- PANY LTD; WISSER, Gerhard; WOKING LIMITED; ASHTEAD SHIPPING COMPANY ITED; M. BABAIE INDUSTRIES; MACHINE SHIPPING INVESTMENTS LIMITED; YASA LIMITED; ASIA MARINE NETWORK PTE. PARDAZAN CO.; MACPAR MAKINA SAN PART; ZADEH, Hassan Jalil. LTD.; ASSA CO. LTD.; ASSA CORP.; AT- VE TIC A.S.; Malek Ashtar University; Mr. KUCINICH. I yield myself 30 sec- LANTIC INTERMODAL; AZORES SHIP- MALEKI, Naser; MALSHIP SHIPPING onds. PING COMPANY LL FZE; BALDACCHINO, AGENCY LTD.; MARANER HOLDINGS LIM- What this is doing is essentially stop- Adrian; BATENI, Naser; BEST PRECISE ITED; MARBLE SHIPPING LIMITED; ping any kind of a negotiated deal and LIMITED; BIIS MARITIME LIMITED; MAZANDARAN CEMENT COMPANY; MAZANDARAN TEXTILE COMPANY; putting us on a path towards war with BMIIC INTERNATIONAL GENERAL TRAD- Iran. You know, it is likely that any ING LTD; BUSHEHR SHIPPING COMPANY MEHR CAYMAN LTD. LIMITED; BYFLEET SHIPPING COMPANY MELODIOUS MARITIME INC; MILL negotiated deal that would prevent a LIMITED; CARVANA COMPANY; CEMENT DENE LIMITED; MINISTRY OF DEFENSE nuclear-armed Iran would provide for INVESTMENT AND DEVELOPMENT COM- FOR ARMED FORCES LOGISTICS; Ministry Iranian enrichment for peaceful pur- PANY. of Defense Logistics Export; MODALITY poses under the framework of the nu- CIRE, Kursad Zafer; COBHAM SHIPPING LIMITED; MOGHADDAMI FARD, Moham- clear nonproliferation weapons treaty COMPANY LIMITED; CONCEPT GIANT mad; MOUNT EVEREST MARITIME INC; with strict safeguards and inspections. LIMITED; CRYSTAL SHIPPING FZE; MULTIMAT IC VE DIS TICARET PAZARLAMA LIMITED SIRKETI; MUNI- So we’re taking a path here that guar- DAJMAR, Mohhammad Hossein; DARYA antees that we’re put on a glide slope CAPITAL ADMINISTRATION GMBH; Dig- TIONS INDUSTRY DEPARTMENT; ital Media Lab; DIVANDARI, Ali; DORKING NABIPOUR, Ghasem; NARI SHIPPING AND right to war. Why are we doing this, we SHIPPING COMPANY LIMITED; CHARTERING GMBH & CO. KG; NATIONAL don’t have enough wars in this coun- DURANSOY, Cagri; DURANSOY, Muammer STANDARDS AND CALIBRATION LAB- try? We aren’t involved in enough Kuntay; EFFINGHAM SHIPPING COMPANY ORATORY; NEKA NOVIN; NEUMAN LIM- places around the world in war? LIMITED; EIGHTH OCEAN ADMINISTRA- ITED; NEW DESIRE LIMITED; NINTH This is a bad resolution. TION GMBH; EIGHTH OCEAN GMBH & CO. OCEAN ADMINISTRATION GMBH; NINTH Ms. ROS-LEHTINEN. Mr. Speaker, OCEAN GMBH & CO. KG; NOOR AFZAR KG; Electronic Components Industries; I’d like to yield 31⁄2 minutes to the gen- ELECTRONICS INSTITUTE; ELEVENTH GOSTAR COMPANY; OCEAN CAPITAL AD- MINISTRATION GMBH; PACIFIC SHIPPING tleman from Ohio (Mr. CHABOT), who is OCEAN ADMINISTRATION GMBH; ELEV- our subcommittee chairman on Middle ENTH OCEAN GMBH & CO. KG; EZATI, Ali; DMCEST. FAIRWAY SHIPPING LTD. PAJAND, Mohammad Hadi; PARTNER East and South Asia of our Committee FALSAFI, Mahin; FARNHAM SHIPPING CENTURY LIMITED; PARTO SANAT CO.; on Foreign Affairs. COMPANY LIMITED; FAROOQ, Muhammad; PAYA PARTOV CO.; PEARL ENERGY COM- Mr. CHABOT. I thank the gentlelady FIFTEENTH OCEAN GMBH & CO. KG; PANY LTD.; PEARL ENERGY SERVICES, for yielding and I thank her for her FIFTH OCEAN ADMINISTRATION GMBH; SA; PEARL SHIP MANAGEMENT L.L.C.; very strong support and leadership on FIFTH OCEAN GMBH & CO. KG; FIRST QANNADI, Mohammad; Rabiee, Hamid Reza; this particular issue and on so many OCEAN ADMINISTRATION GMBH; FIRST RISHI MARITIME INC; ROYAL-MED SHIP- issues in this Congress. OCEAN GMBH & CO. KG; FIRST PERSIA PING AGENCY LTD; SACKVILLE HOLD- Mr. Speaker, I rise in support of this INGS LIMITED; SAFIRAN PAYAM DARYA EQUITY FUND; FOURTEENTH OCEAN well-crafted legislation which signifi- GMBH & CO. KG; FOURTH OCEAN ADMIN- SHIPPING COMPANY; SANDFORD GROUP ISTRATION GMBH; FOURTH OCEAN GMBH LIMITED; SARKANDI, Ahmad; SCIENTIFIC cantly ratchets up pressure on the re- & CO. KG; Frosch, Daniel; FULMEN GROUP; STUDIES AND RESEARCH CENTER; SEC- gime in Tehran, as well as all those GALLIOT MARITIME INC; GHEZEL OND ACADEMY OF NATURAL SCIENCES; who support or enable its dangerous AYAGH, Alireza; GLOBAL INTERFACE SECOND ECONOMIC COMMITTEE; SECOND quest for a nuclear weapons capability. COMPANY INC.; GOLPARVAR, OCEAN ADMINISTRATION GMBH; SECOND As we stand here today, Iran’s cen- Gholamhossein; GOMSHALL SHIPPING OCEAN GMBH & CO. KG. trifuges continue to spin and the re- COMPANY LIMITED; Good Luck Shipping. SEVENTH OCEAN ADMINISTRATION gime inches closer to that very end. If GREAT METHOD LIMITED; GREAT GMBH; SEVENTH OCEAN GMBH & CO. KG; OCEAN SHIPPING SERVICES (L.L.C.); SHAHID AHMAD KAZEMI INDUSTRIES allowed to cross that threshold, untold HAFIZ DARYA SHIPPING CO; HIGHER IN- GROUP; SHAHID BAKERI INDUSTRIAL consequences would surely follow. STITUTE OF APPLIED SCIENCE AND GROUP; SHAHID SATTARI INDUSTRIES; Iran, which former President George TECHNOLOGY; HORSHAM SHIPPING COM- SHALLON LIMITED; SHERE SHIPPING W. Bush aptly called the ‘‘world’s pri- PANY LIMITED; HTTS HANSEATIC TRADE COMPANY LIMITED; SHIPPING COM- mary state sponsor of terror,’’ would TRUST AND SHIPPING, GMBH; IDEAL PUTER SERVICES COMPANY; SHIRAZ no doubt feel emboldened in its med- SUCCESS INVESTMENTS LIMITED; INDUS ELECTRONICS INDUSTRIES; SHOMAL CE- dling in the internal affairs of our gulf MARITIME INC; International General MENT COMPANY; SIMATIC DEVELOP- allies and in threats to U.S. global and MENT CO.; SINO ACCESS HOLDINGS LIM- Resourcing; IRAN AIR; IRAN AIRCRAFT regional interests. Questions of ration- MANUFACTURING INDUSTRIAL COM- ITED; SINOSE MARITIME PTE. LTD.; PANY; IRAN CENTRIFUGE TECHNOLOGY SIXTH OCEAN ADMINISTRATION GMBH; ality aside, the regime would also have COMPANY; IRAN COMMUNICATION IN- SIXTH OCEAN GMBH & CO. KG; SMART the ability to follow through on its re- DUSTRIES; IRAN ELECTRONICS INDUS- DAY HOLDINGS GROUP LIMITED; peated threats to eradicate the State of TRIES; IRAN O MISR SHIPPING COM- SOROUSH SARZAMIN ASATIR SHIP MAN- Israel. Iran cannot be allowed to ac- PANY; IRANAIR TOURS; IRINVESTSHIP AGEMENT COMPANY; SPRINGTHORPE quire this capability, and I believe that LTD.; IRISL (MALTA) LIMITED; IRISL LIMITED; STARRY SHINE INTER- this legislation may very well signifi- (UK) LTD.; IRISL CHINA SHIPPING CO., NATIONAL LIMITED; STEIGER, Jakob. cantly enhance pressure on the regime. LTD. STEP A.S.; SYSTEM WISE LIMITED; The nuclear program is, however, a IRISL EUROPE GMBH; IRISL MARINE TAFAZOLI, Ahmad; TAHIR, Buhary Seyed SERVICES & ENGINEERING COMPANY; Abu; TALAI, Mohamad; TENTH OCEAN symptom of the disease rather than the IRISL MULTIMODAL TRANSPORT CO.; GMBH & CO. KG; THE NUCLEAR REAC- disease itself. A nuclear program is not IRITAL SHIPPING SRL COMPANY; ISI TORS FUEL COMPANY; THIRD OCEAN AD- in and of itself what makes this par- MARITIME LIMITED; ISIM AMIN LIM- MINISTRATION GMBH; THIRD OCEAN ticular regime so nefarious. Rather, it

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13100 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 is the perverse nature of the regime This bill also includes important pro- The humanitarian exemption is of pro- that makes the nuclear program so visions I first proposed in the Stop found importance, as the U.S. business com- dangerous. And there can be no doubt Iran’s Nuclear Weapons Program Act munity and humanitarian organizations that the regime in Tehran is a blight that will provide sanctions against have pointed out. We are relieved that this legislation does not directly prohibit Ira- upon the Iranian people and on the re- those who lend money to the Iranian nians from accessing food, medicine, and hu- gion, and, in fact, on the whole world. Government. It includes another provi- manitarian trade. However, if the Iranian ci- To speak of the nuclear program inde- sion I authored which will implement vilian economy is destroyed by sanctions, pendently of the regime which pursues sanctions against those firms that give then millions of Iranians will be deprived of it is in effect putting the cart before the Iranian Government the tech- their livelihoods, and unable to purchase the the horse. nologies for surveillance and repression food, medicine, and other goods that the hu- But this legislation does not fall into of their own people. manitarian exemption is supposed to pro- that trap. In addition to targeting the This is not the final act, literally or tect. Further destabilization of the Iranian currency and decimation of the Iranian econ- nuclear program, H.R. 1905 puts signifi- figuratively. What we’ve done so far is cant pressure on the regime for its hor- omy will push Iran closer to the state of Iraq not enough to force Iran to abandon its when it was under sanctions. During that rific human rights abuses and supports nuclear program. We ought to stay in time, UNICEF estimated that U.N. sanctions the oppressed Iranian people in their session and pass even more sanctions contributed to the deaths of half a million fight for freedom. against Iran. children. Mr. Speaker, I urge adoption of this Mr. KUCINICH. I would like to in- EMBOLDENING HARDLINERS IN IRAN critical legislation, and I want to once clude for the RECORD a statement by This bill would embolden hardliners in the again thank the distinguished chair- the Friends Committee on National Iranian regime, at the expense of the civil- woman, Ms. ILEANA ROS-LEHTINEN from Legislation, which says that the new ians who will overwhelmingly bear the brunt Florida, for her leadership on this sanctions push the U.S. and Iran closer of these sanctions. Just as Saddam Hussein issue. She has been pushing and push- to war. never missed a meal under the decades of ing and pushing against this corrupt sanctions against Iraq, top Iranian officials Iranian regime for such a long time, NEW IRAN SANCTIONS PUSH U.S., IRAN CLOSER will not have difficulty accessing food and and to do right by our ally Israel, and TOWARD WAR—FRIENDS COMMITTEE ON NA- medicine. National security expert Fareed ultimately to do what is in the best in- TIONAL LEGISLATION Zakaria has noted that the U.S./U.N. sanc- terest of the people of the United WASHINGTON, DC.—FCNL’s Lobbyist on tions’ ‘‘basic effect has been to weaken civil society and strengthen the state’’, and that States as well. It is in nobody’s inter- Middle East issues Kate Gould issued the following statement opposing the Iran Threat ‘‘the other effects of the sanctions has been est to have a nuclear Iran, and so I Reduction and Syria Human Rights Act of that larger and larger parts of the economy want to thank her for her leadership. 2012 (H.R. 1905) that could reach the House are now controlled by Iran’s Revolutionary Mr. BERMAN. Mr. Speaker, I’m floor as early as today: Guard—the elite corps of the armed forces.’’ 1 pleased to yield 1 ⁄2 minutes to the gen- The Friends Committee on National Legis- FORECLOSING DIPLOMATIC OPTIONS, LAYING tleman from California (Mr. SHERMAN), lation strongly opposes the Iran Threat Re- GROUNDWORK FOR WAR the ranking member of the Sub- duction and Syria Human Rights Act of 2012 As countless U.S. and Israeli security offi- committee on Terrorism and Non- (H.R. 1905). We believe this legislation would cials have pointed out, diplomacy is the sin- proliferation and Trade. undermine human rights in Iran and cripple gle most effective way to prevent war and a the accountability of the diplomatic process b 1450 nuclear-armed Iran. This bill would be a set- now underway to prevent a nuclear-armed back to achieving a near-term diplomatic Mr. SHERMAN. I thank the gen- Iran, pushing the U.S. and Iran closer toward resolution of the standoff over Iran’s nuclear tleman for yielding. a devastating war. program, foreclosing diplomatic options to War is the ultimate human rights viola- I want to thank the chairwoman of prevent a nuclear-armed Iran and a dev- tion, and this bill lays the groundwork for astating war. the Foreign Affairs Committee for her war by escalating the scale of economic war- This bill would tie the President’s hands, work on this bill and for reaching an fare that Congress would impose on ordinary eroding the little flexibility that Congress agreement with the Senate Banking Iranian citizens. As in the case of the dec- normally allows the executive branch to con- ades of U.S. and U.N. sanctions against Iraq Committee, and I rise in strong support duct negotiations with Iran and allow for that culminated in a U.S. invasion of that of this measure. sanctions relief in exchange for serious, country, economic warfare punishes civil- I especially want to thank the chair- verifiable Iranian concessions. We are par- ians, emboldens hardliners in Iran’s regime, man for working with me on title III of ticularly concerned about section 217, which and forecloses diplomatic options to prevent this bill, as it reflects several years of effectively endorses regime change. The pro- a nuclear-armed Iran and war. our work together. Title III targets the vision would prohibit the President from Iran Revolutionary Guard Corps and PUNISHING IRANIAN CIVILIANS lifting sanctions against the Central Bank of began its life as H.R. 2379, then des- FCNL and ten other national advocacy and Iran unless Iran agrees to a host of condi- ignated the Iran Revolutionary Guard religious organizations from the human tions that the Islamic Republic of Iran can- rights and peace and security community not reasonably be expected to agree to. Corps Designation Implementation wrote to Senator Tim Johnson, Chair of the As veteran intelligence officer Paul Pillar Act, which I introduced along with the Senate Banking Committee, last week to op- has pointed out, requiring Iran to end efforts chairman in May of 2009. pose this bill, and to highlight the impor- to ‘‘acquire or develop ballistic missiles’’, These provisions impose tough sec- tance of keeping channels open for Iranians [section 217 (d)(1)(A)(iii)] ‘‘goes beyond any ondary sanctions against any person, to have access to food, medicine, and other United Nations resolutions on Iran, which including foreign companies, that con- humanitarian goods and services. talk about nuclear capability of missiles, duct any significant transaction with Ordinary Iranians already face tremendous and even beyond anything ever demanded of the IRGC or any of its designated difficulties in accessing basic medicine under Saddam Hussein’s Iraq, for which range lim- fronts and affiliates. The IRGC, sanctions. For example, this week, the board its were imposed. It would be understandable of directors of the Iranian Hemophilia Soci- if Tehran reads such language as further evi- through its support of Hezbollah and ety informed the World Federation of Hemo- dence that the United States is not inter- its direct action, has much blood on its philia that the lives of tens of thousands of ested in any negotiated agreement but in- hands. children are being endangered by the lack of stead only in regime change.’’ I want to thank the chairman and proper drugs, as a consequence of inter- The bill even requires the President to cer- her staff for including section 303, national sanctions. tify that Iran does not ‘‘construct, equip, op- which applies sanctions to countries The Iranian Hemophilia Society notes that erate, or maintain nuclear facilities that and governments—not just compa- U.S. and international sanctions technically could aid Iran’s effort to acquire a nuclear nies—that conduct transactions or pro- do not ban medical goods. Yet, despite the capability’’ [section 217 (d)(1)(A)(ii.)]: in vide support for the IRGC and for pro- ‘humanitarian exemption’ in U.S. sanctions order to lift sanctions against Iran’s Central laws, medicine is not getting in to Iran be- Bank. It appears that Congress is requiring visions which indicate that if you want cause the ‘‘sanctions imposed on the Central that broad indiscriminate sanctions remain to be a Federal contractor, you must Bank of Iran and the country’s other finan- in place unless Iran surrenders its nuclear certify that you do not do prohibited cial institutions have severely disrupted the program entirely, even if it is a verifiably business with the IRGC. purchase and transfer of medical goods.’’ peace program.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13101 FCNL strongly urges members of Congress gentleman from California (Mr. nies continue to support the illicit nu- to speak out and vote against this broad, in- ROYCE), who is the chairman of the clear weapons program of Iran. discriminate sanctions legislation on the Foreign Affairs Subcommittee on Ter- Mr. Speaker, the Iran Threat Reduc- House floor today. rorism, Nonproliferation and Trade. tion and Syria Human Rights Act sig- I yield 21⁄2 minutes to the gentleman Mr. ROYCE. Mr. Speaker, I want to nificantly expands sanctions against from Texas, Representative RON PAUL. start here by commending Chairman the Iranian regime and those who, in Mr. PAUL. I thank the gentleman for ROS-LEHTINEN for this sustained focus the face of united international opposi- yielding. on Iran that she has had for many, tion, continue to contribute to Iran’s I’m still rather impressed with the many years. I also want to thank quest for nuclear weapons. obsession over a weapon that does not Ranking Member BERMAN for the This bill sends one clear message to exist and no concern whatsoever about strong pressure that he has put on the the entire world: if you do virtually many nuclear weapons that are held by regime in Iran, as well. any business in the Iranian energy sec- countries that never even joined the Recently, we had the administration tor—the financial lifeline of this re- nuclear nonproliferation treaty. fighting hard against bipartisan sanc- gime’s nuclear program—you will be It’s called for in the debate that Iran tions targeting the Central Bank of subject to sanctions. should end all its nuclear programs, Iran. But what I want to point out is Today, the United States Congress but they’re permitted to have the nu- that in a bipartisan way here, Congress takes U.S. sanctions policy to an un- clear program under the nonprolifera- insisted on, and today the administra- precedented level. By sending this leg- tion treaty. And the other countries tion touts, the impact of sanctions on islation to the President’s desk, Con- that have weapons, including the coun- Iran’s economy. gress can initiate an unprecedented tries that hold the weapons that came Here is the point I’d like to make: crackdown on the Iranian regime. But from the Soviet system, it seems like we’d be in a much better position if the our work does not end here. These pun- that would be a much greater danger. executive branch, both Republicans ishing sanctions are a means to an end; The investigation by either the U.N. and Democrats—right now we have the and we cannot, for one moment, take or by our CAs has never indicated that problem with the Obama administra- our eye off the endgame—halting Iran’s they have ever enriched above 20 per- tion’s slow-walking this; but had they march toward a nuclear weapon. cent. And they said they won’t even do been more willing to work with Con- Again, I thank the chairman and it to 20 percent if the West would co- gress to craft tougher sanctions ear- ranking member for their leadership. I operate and sell them this material. lier, we’d be in a lot better position urge my colleagues to support this im- They said, we don’t need it, but we right now. The bill’s stepped-up pen- portant bill. Now is the time to stand need 20 percent enrichment for nuclear alties on those cooperating with Iran’s for human rights in Iran and Syria. isotopes, medical isotopes. So our re- energy and shipping sectors, frankly, Now is the time. Now is the time to fusal to deal with them prompts them that’s the Achilles’ heel that we should stop Iran from developing nuclear to take up enrichment to 25 percent; 5 be aiming at. weapons. percent, of course, is what they’re al- Very importantly, this bill also in- Mr. KUCINICH. I would like to in- lowed to do for nuclear energies. cludes a human rights title to go after clude for the RECORD a publication But this idea that we can badger peo- those abusing Iran’s citizens. Let’s let from the International Civil Society ple and then defy the law, what we’re Iranians know that we are on their side Action Network, ‘‘What the Women asking them to do, to close down their and we are going to focus on those Say: Killing Them Softly: The Stark program, is you’re asking them to defy crimes against humanity and on the Impact of Sanctions on the Lives of Or- international law. They agreed to this. brutal regime opposing them. It’s a re- dinary Iranians.’’ They have a right to do this under this gime that beats and that imprisons— WHAT THE WOMEN SAY: KILLING THEM SOFT- treaty. And for us to come and say, I’ve talked to some of these victims— LY: THE STARK IMPACT OF SANCTIONS ON well, they must quit it, I think it real- and that often rapes its own people in THE LIVES OF ORDINARY IRANIANS—BRIEF 3: ly is very close to an obsession on a order to try to impose its will. It’s a re- JULY 2012 country that is incapable of attacking gime that executes political prisoners The unprecedented, devastating and coun- us, or attacking—they don’t have a his- by the hundreds. terproductive impact of sanctions, coupled tory of invading their neighboring with the on-and-off threat of war, is an ever- Congress is increasing the pressure. growing reality in the lives of ordinary Ira- countries. The last time they were at Many of us, certainly the chairman, nians. For the generation of Iranians whose war was with Iraq, and we bugged Iraq would like to go further. Iran’s cen- childhood was punctured by nightly bomb- to go into Iran. trifuges are spinning, but this progress ings, fear of chemical attacks, and eight So I find this very distressing that here today deserves support. years of death and destruction resulting the obsession continues. I find it very, Mr. BERMAN. Mr. Speaker, I yield from the Iran-Iraq war, the current state of very upsetting that this vote will, of 11⁄2 minutes to my friend from Florida uncertainty, prospects of hardship and un- course, be overwhelmingly in support (Mr. DEUTCH), a member of the Foreign raveling of the lives they rebuilt is overwhelming. of correcting the civil liberties of Syria Affairs Committee and the author of In New York, London, Washington and and making Iran toe the line and give the bill which declares Iran’s energy Brussels the rationale for sanctions vary. up on something that they’re per- sector a zone of proliferation. Central to the case is the notion that only mitted to do. A vote for this, in my Mr. DEUTCH. Mr. Speaker, first, I crippling sanctions can slow Iran’s nuclear opinion, in time will show that it’s just would like to recognize Chairman program and bring about change. A number one more step to another war that we ILEANA ROS-LEHTINEN and Ranking of the sanctions also target state institu- don’t need. Member HOWARD BERMAN for their ex- tions and individuals implicated in human We have not been provoked. They are traordinary leadership and their tire- rights violations. Regardless of their polit- less work to bring forward a bipartisan ical leanings, among western leaders, policy- not a threat to our national security, makers and pundits, no one denies that eco- and we should not be doing this. We’ve and bicameral bill. I thank you for nomic sanctions are blunt instruments that been doing it too long. For the last 10, working with me to include several of typically harm the civilian population far 15 years we have been just obsessed my provisions in this legislation, in- more than the state. Western policy makers, with this idea that we go to war and cluding the Iran Transparency and Ac- however, respond that ‘this is the price that try to solve all the problems of the countability Act, a measure that will, has to be paid’—the questions of price for world; and at the same time, it is bank- for the first time, require companies to what, how much, how long and by whom are rupting us. disclose their business with Iran on left hanging. Iranians have the answers. The earliest I strongly urge a ‘‘no’’ vote on this SEC filings and for the first time cre- sanctions imposed in the immediate after- resolution. ate a public listing of these disclosures math of the 1979 Iranian revolution (and Ms. ROS-LEHTINEN. Mr. Speaker, to clearly and definitively let the American hostage taking) had less direct im- I’m pleased to yield 2 minutes to the American people know which compa- pact on the public. But since 1995, when the

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13102 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Clinton Administration honed in on the oil self sufficient through domestic agricultural smog caused by nitrous oxides and ozone, and gas sector to the current day where the production. The sanctions too were limited can cause a range of health problems, from banking and financial sectors have been tar- to key sectors pertaining to military equip- headaches and dizziness to more serious car- geted, private enterprise and ordinary citi- ment. As a result the public impact was less diac and respiratory complaints.’’’ zens are the primary and overwhelming vic- evident. International trade relations were In the same year, Mohsen Nariman, MP tims. Needless to say, they are skeptical of sustained including with the U.S. private from Babol said, ‘‘air pollution is on the rise western politicians or institutions that sector. Today only 29 percent of Iranians live at an unusual rate and it seems that one of claim to care about the well being, human in rural areas. Continued migration to urban the main causes is the substandard gasoline rights or aspirations of the Iranian populace. areas has led to the expansion of cities and that is being used in Tehran.’’ One news- It is not uncommon for Iranians in every their peripheries. The majority of migrants paper, the Hamshahri Daily, reported that walk of life to recall the Iran-Iraq war (1980– eke out their living in the service industry 310 persons died per day as a result of poor 88), when the Western world was complicit and informal economy on the margins of cit- air quality in Tehran in the months of Octo- with Saddam’s Iraq and its use of chemical ies. The sanctions regime is doing most dam- ber and November 2011. The cause of death weapons. With the impact of current sanc- age to those who are already vulnerable—the included increased respiratory complica- tions seeping into every day life now, many urban poor. As the pressures increase, eco- tions, heart attacks and stroke. Iranians consider them to be a profoundly in- nomic class and social divisions are also Unprecedented banking sanctions tar- sidious and destructive force and source of being exacerbated. geting Iranians in all areas of life: The bank- basic human rights violations, affecting a 2010 sanctions choking insurance and ship- ing sanctions that went into effect in Decem- wide cross section of Iranians. ping sectors with implications for public ber 2011 have also wreaked havoc in people’s As one women’s rights activist stated, ‘‘the health: Sanctions introduced in the summer lives. The Iranian Rial has almost halved in international community’s sole focus on the of 2010 directly targeted insurance companies value against the US dollar and other cur- nuclear issue has resulted in the adoption of that insured Iranian shipping involved in the rencies. With memories of the Iran-Iraq war still fresh for many Iranians, across Tehran policies that inflict great damage on the Ira- import and export of products. Despite deni- and other cities, people, including shop- nian people, civil society and women. Mili- als by proponents of the sanctions regime, keepers and merchants reacted by hoarding tarization of the environment will prompt this round of sanctions directly affected the products. Consequently the price of a wide repressive state policies and the possibility availability of foreign-made medication and range of goods and products including food- of promoting reform in Iran will diminish.’’ other healthcare products to Iranians includ- stuffs rose between 20–100 percent, and con- Iranians’ wariness of the international ing vitamins for children and pregnant community, however, has not quelled criti- tinues to fluctuate. women and sanitary products. The implica- The knock-on effect is evident in all areas cism of their own government. They have tion for serious illnesses including cancer is neither an appetite for war nor for the belli- of life. While incomes have not increased, particularly profound. As one women’s rights rents have doubled in some areas of the city. cose language of the state. They criticize the activists recounted, ‘‘foreign made medicine government’s mishandling of the economy in The price of bread—a staple of the Iranian became difficult to find in 2010, and with the diet especially for the poor—has increased by recent years. They balk at the continued im- intensification of sanctions this trend has position of social restrictions. Those in- some 1500% in the past 2 years, in part due to continued. Domestically produced drugs, the removal of state subsidies. The uncer- volved in civil rights activism including stu- which are dependent on imported ingredi- dents, workers, women and leaders from eth- tainty is causing stagnation for the private ents, are also more expensive and difficult to sector, while some businessmen point out nic groups and religious minority commu- find.’’ Others echo this experience. ‘‘Many nities are among the first to feel the endless that companies affiliated with the state are Iranians can no longer afford the high cost of exploiting the situation as they have access pressures and limitations imposed on them. cancer treatment drugs that have become Not least because the sanctions and threat of to government exchange rates. Sanctions hard to find,’’ says the daughter of a female were imposed to prevent a nuclear weapons war allow the state to invoke ‘‘a state of cancer patient. ‘‘Family members have to go emergency’’ and in so doing suppress critics program. Instead, as one commentator notes, from one hospital to another and to multiple the price of manure has risen. and voices of dissent. pharmacies to find and then purchase the In its ongoing series of MENA region ‘What Iranian students studying abroad have also medicines at high costs for the treatment been impacted seriously. Many are being the Women Say’ briefs, ICAN provides a gen- and life of their family members. Patients dered analysis of the impact of sanctions, forced to give up their education as their with poorer prognoses or those who cannot families can no longer afford the tuition. echoing the voices and experiences of Ira- afford it are forgoing treatments and opting nians, particularly women’s rights activists, Some UK universities are refusing to reg- for an early death so they don’t burden their ister Iranian students because they cannot regarding the social, economic, political and families financially.’’ security consequences. At a time when the prove that they can transfer the necessary Sanctions targeting Iran’s oil and gas sec- fees. But the sanctions—or the way that United States, the European Union and oth- tor were also intensified in 2010, through lim- ers are heralding their national action plans banks and other bodies currently interpret iting or ending the sale of gasoline products them—make it impossible for most Iranian on women, peace and security that highlight to Iran. In anticipation, the Iranian govern- the need for women’s protection in times of students to do so. ment initiated a number of steps including In addition countless Iranians who have crisis and their participation in conflict pre- ending of subsidies for gasoline, rationing relatives living in the EU and US and those vention and peacemaking, this brief offers gasoline and increasing domestic refining who travel for medical treatment have be- the international community recommenda- processes. As a result, the price increase has come entangled in the vast banking sanctions on limiting the immediate and long- been significant, with unrationed gasoline tions net. Thousands have personal bank ac- term damage being wrought on women, Ira- costing 4000 Rials per liter in 2009 and pro- counts and savings in western banks, some nian society and ultimately regional secu- jected to increase to 8000 Rials in 2012. Free dating back decades. Now they are being rity. market prices for gasoline are currently at forced to shut down their accounts and find 1. CURRENT SANCTIONS CUT DEEP AND WIDE 7000 Rials per liter. Additionally the quality themselves caught in a financial no-man’s INTO THE SOCIAL AND ECONOMIC LIFE OF ORDI- of the domestic product is much lower than land; being forced to close existing accounts, NARY IRANIANS imports, according to experts. while barred from transferring their savings Iranians know war and they know sanc- One significant impact of the increased use to other accounts internationally or in Iran. tions. The experiences of women, men, the of domestically produced gasoline has been a In effect the banking sanctions are forcing elderly and the young who lived through the noticeable decline in air quality, particu- massive reliance on a cash based economy, eight years of the Iran-Iraq war are rarely larly in Tehran. Reports note that Tehran’s making already vulnerable Iranians depend- recounted today, but the long term impact is air quality, which was already poor, has ent on black marketeers for the transfer of still evident. Though their plight is rarely worsened significantly since gasoline im- funds to cover educational, health or other discussed, women of child bearing age and ports were sanctioned. Even the New York legitimate costs. It is also fostering the rise soldiers exposed to chemical warfare still Times report explained the connection be- of informal power structures and contrib- suffer from complex health problems. Simi- tween the ban on gasoline imports, the push uting to the lack of accountability and larly the thousands of men handicapped by to use domestically produced gasoline and transparency. Even the Iranian Vice Presi- landmines and war wounds are rarely a topic the rapid air quality deterioration: dent has acknowledged this development, of conversation. Another long term impact ‘‘According to e-mails circulated to indus- stating, ‘‘in the framework of these sanc- has been the rise of female headed house- try experts . . . lran’s new supply of domes- tions we [the Iranian government] have to holds in part due to war deaths among men. tic gasoline may contain high levels of aro- begin negotiations with goods traffickers Throughout the 1980s war years, Iranians matics—more than twice the level permitted near the borders and use them to buy prod- also suffered from sanctions and lived under by Iranian law. Burning aromatics in car en- ucts which are included in the sanctions.’’ a strict rations policy. But it was a very dif- gines produces exhaust packed with high Not surprisingly many Iranians are left ferent society then. Some 50 percent of Ira- concentrations of ‘‘floating particles’’ or questioning if the banking sanctions are in- nians lived in rural areas and were largely ‘‘particulates’’ that, added to the typical tent on forcing Iran’s rulers to come to the

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13103 negotiating table or if Iranian society and households and primary breadwinners. Pro- Downturns in domestic production, in- the country’s infrastructure at large are grams in line with this ideology, seeking to creases male unemployment and violence being deliberately targeted and weakened. relegate women to the home as wives and against women: There are also more insid- The timing of the intensification of sanc- mothers only have been stepped up in recent ious effects, difficult to quantify but increas- tions is particularly questionable. Iranian years. ingly evident. The sanctions have caused observers, notably civil and political activ- Indirect and immeasurable consequences of massive downturns in domestic production. ists are asking whether sanctions are in fact sanctions: stifling women’s education, a key The fledgling private sector is unable to im- intent on balancing power in the region in engine of socio-political change: Women’s port the necessary raw materials for manu- favor of regimes that ‘‘despite their authori- rights activists are also wary of the indirect facturing. The banking sanctions are causing tarian nature accommodate the west and its impact of sanctions—and the manipulation a virtual standstill in imports and exports by security agenda in the Middle East, at a time of the economic hardships by conservatives— legitimate businesses. Even domestic agri- when revolutions may threaten the existing on women’s access to higher education. Edu- culture will lose its markets. security dynamics in the region.’’ cated women from middle and traditional Meanwhile those with political connec- In an interview with Radio Farda, Mehrdad working classes across rural and urban tions are exploiting the situation often by Emadi, Economic Consultant to the EU, areas, among the rich and the poor, have importing cheaper Chinese products. This stressed the destructive nature of these sanc- been the primary engine of socio-political downward trend in domestic production will tions, noting: change in Iran. The demand for equal rights give rise to lower wages, increase unemploy- ‘‘This particular form of sanctioning a na- and equal socio-political, economic and cul- ment among men and women and ultimately tion has been unprecedented in the history of tural rights permeates every level of society. put pressure on families. As evident in other the world. The only similar type of sanc- From the outset of the Islamic republic, the settings, women will bear the brunt of deal- tions, were implemented for a short period of status of women has been a critical and con- ing with their unemployed spouses and the time, and were intended to prevent the ille- tentious issue. In 2003, conservatives pro- men of the family within the home. These gal transfer of funds by Qaddafi within the posed the imposition of quotas to limit wom- new dynamics are likely to lead to increased framework of the activities of Libya’s Cen- en’s access to higher education and the incidences of domestic violence and family tral Bank. But even during that time, [the measures were briefly implemented across conflicts, as men’s inability to live up to so- sanctions] weren’t implemented in this fash- some medical fields in the 2004 national uni- cial expectations can lead to depression and ion [as we see against Iran’s Central Bank], versity entrance exams. Massive outcry attacks on women. Reduction in family in- . . . not all the transactions of the Libyan among students and women’s rights activists come inevitably is forcing women to find Central Bank were sanctioned and the sanc- forced the withdrawal of the quotas. new sources of income. Their coping strate- tions focused only on the illegal transfer of Conservatives have not backed down how- gies will likely include cutting back on their funds and money laundering . . . [The Ira- ever. They continue to argue that when own health, wellbeing and dietary needs to nian sanctions] are not related to a specific women are more educated than men, tradi- provide for their dependents. As in other sector or industry nor to business entities or tional family values are undermined, as countries, for the most vulnerable, poverty specific individuals. In this framework, all women prefer to marry at an older age, seek will likely lead to risky survival strategies monetary transactions, currency trans- similarly educated (or more educated including child labor and sex work—informal actions and business credit accounts for im- spouses) and have higher expectations. These sectors which have expanded in Iran in re- traditionalists also posit that women in the ports as well as exports and for the coverage cent years. work force take away men’s jobs. Concerns The most vulnerable are at the greatest and payment of insurance, which in every about the impact of women being more edu- risk: Afghan refugee women and children: country falls under the responsibilities of cated than men have prompted some con- Vulnerable groups, such as Afghan refugees the Central Bank of that country, will be servative lawmakers to reinstate quotas lim- and migrants who have been living in Iran made illegal in Iran. Iran’s Central Bank will iting women’s participation in higher edu- legally and illegally as a result of decades of no longer be able to carry-out these duties, cation. Women and student’s rights activists war and unrest in their own country, are also because it has now been identified as a cen- believe that during President Ahmadinejad’s at greater risk. The situation is most severe ter for money laundering. In this framework, second term the quotas have been introduced for Afghan women and children refugees or international corporations, governmental or- with greater zeal and less accountability. Iranian women married to Afghan men and ganizations, non-governmental bodies or se- They coincide with the intensification of their children who do not have identity curity organizations will no longer be able to sanctions and increased economic hardships. cards. The intensification of government transfer funds or open credit lines for trade, As the economic situation worsens, women’s crackdowns and forced repatriation pro- using the Central Bank.’’ access to higher education, will likely en- grams, against Afghans (including their Ira- In the same interview, Hossein Mansour, a dure further limitations. Even school age nian wives and children) with illegal status UK-based economist offered a bleaker anal- girls are at risk as economic pressures may in Iran, has already had a negative impact ysis, noting, ‘‘the negative impact on Iran’s force families to make choices and opt for on the livelihood of these groups, but as the economy, especially in the long run, will boys’ schooling. This may lead to diminished economy has worsened the hostility they only be addressed with the expenditure of literacy rates among girls in the near future. face from Iranian society and the govern- billions of dollars and after several genera- In effect, the marginalization of women ment has also increased. Afghans have been tions, and will be devastating for the infra- from education and employment enables ex- targeted with segregation programs in public structure of the Iranian economy.’’ treme conservatives to kill many birds with spaces and are facing increased state and 2. WOMEN ARE BEARING THE BRUNT OF THE one stone. They prevent a high rate of wom- other forms of violence, while their access to ECONOMIC AND SOCIAL IMPACT OF SANCTIONS en’s entry into the public space (via univer- income and jobs has also been severely lim- Women are especially affected by the eco- sities). They eliminate women from the ited. Comprising a large percent of those em- nomic fall out of the sanctions. They are economy and job market, particularly, high- ployed in the informal sector as household being pushed out of the job market and bear- er earning and more influential positions. help, street peddlers and in the service indus- ing the brunt of increased unemployment. They sustain and revive the power imbalance try Afghan women and children are at risk of Women’s rights experts recognize socio-eco- between women and men, as women will facing worsening working conditions and nomic pattern emerging similar to those in have fewer choices in life, limited control of abuse in their place of employment. Iraq when sanctions were imposed. In Iraq resources and become (and remain) more 3. INDEPENDENT CIVIL SOCIETY AND CIVIC ACTIV- sanctions and the ensuing poverty resulted economically dependent on men at greater ISM ARE AMONG THE FIRST CASUALTIES OF in the withdrawal of girls from education rates than already exist. Ultimately they CURRENT INTERNATIONAL POLICIES and increases in child marriage (families may quash the force of women’s demands— Many of the men and women who founded were forced to marry off their young daugh- the next generation’s voices—for progressive and run Iran’s civil rights movements in- ters to reduce the number of mouths to feed). change in society at large. As one conserv- cluding human rights and women’s rights ac- Iranian girls are at risk of similar develop- ative member of parliament and staunch tivists, workers unions and journalists spent ments.’’ Moreover, women’s rights experts supporter of limiting women’s presence in their childhood or young adulthood at war. believe that the externally imposed sanc- university has put it: ‘‘when women can’t They have tasted and experienced the impact tions will allow conservatives to further travel to far away cities without the permis- of war and sanctions on a personal level. their regressive social agenda by relegating sion of their husbands, their expertise has no They are also fierce advocates of inter- women back to the domestic sphere, limiting impact on improving the situation of the national human rights and humanitarian their access to education and the job market country!’’ norms and ideals. and couching it as an attempt to increase There is also a significant reduction in The public outpouring in the aftermath of male employment. women’s share of the national budget. In the the disputed 2009 presidential elections Despite significant societal changes, Iran past for example, housewives received na- prompted the state to impose heavy security remains a male dominated culture, rein- tional insurance, but this has been elimi- measures against civic actors. But debili- forced by the government’s conservative ide- nated, while the military budget has doubled tating sanctions coupled with the daily rhet- ology that considers men as the heads of for next year. oric of war has elevated national security

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13104 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 concerns and further diminished the state’s cation and outreach initiatives they raised impact the behavior of the government, in- tolerance of dissent internally. Activists are public awareness about the impact of gender stead they target the population. regularly accused of working in concert with based discriminatory laws and called on peo- 2. Sanctions are not a substitute for war. the west to destroy the Islamic Republic. ple to sign up and join their campaign in they are a step closer to war. Failed sanc- The uncertainty and fear has also affected favor of legal changes. Despite security pres- tions will only work to strengthen the posi- the public’s receptivity to social activism. It sures the movement elevated issues of gen- tion of those advocating for another war in is seen as a secondary issue compared to the der equality to the national level both politi- the region. Resolve to address the differences urgent realities of poverty and prospect of cally and within wider society. in a mutually respectful manner imme- war. After the summer of 2009, and the mass diately. The sanctions are having a long-term nega- post-election protests, women’s rights activ- 3. Recognize that sanctions weaken society tive impact on the source of societal change ists faced increased restrictions as the space not the state. Iranian society is already wit- in Iran. The urban middle class that has his- for dissent became ever more limited. With nessing the emergence of radical groups. As torically played a central role in creating the rise of sanctions and ratcheting up of the one women’s rights activist notes, in coun- change and promoting progress in Iran are war rhetoric, these activists are under im- tries of this region, including Iran, growing key casualties of the sanctions regime. Many mense pressure to become silent and con- gaps between the rich and poor do not make civil society organizations and charities sur- form. Countless social and political activists governments vulnerable, rather they make vive on the basis of voluntary activism and have been imprisoned and or forced into the population vulnerable to increased support. But facing economic uncertainty, exile. Students—female and male have been radicalization against the West as a way of many people are retreating from public vol- expelled from universities because of their coping with humiliation. In border areas, untary work. Even the most committed have civil activism. Under these circumstances, where poverty is severe, we already witness less time, as they are working longer hours with economic hardships and prospects of the increasing influence of terrorist groups. If this trend continues we will be faced with and often at multiple jobs to meet their eco- yet another devastating war, longterm plan- a weakened Iranian society—at risk of being nomic needs. Moreover with private enter- ning and the development of sustainable pro- radicalized, with detrimental consequences prise in demise, more people will become de- grams to maintain the gains already made for regional security in the medium and long pendent on the state and thus unable and and push for basic rights are increasingly fearful of engaging in civil activism. Addi- term. difficult, if not impossible. 4. Recognize that sanctions undermine tionally, sanctions and in particular the lim- Women’s Demands: no sanctions, no war, women’s security and empowerment. The US itations placed on transfer of funds, has cre- talk it out! Despite these pressures, the Ira- and EU have been strong proponents of the ated serious impediments for charity organi- nian women’s movement has not been si- global women, peace and security agenda zations engaged in health and medical serv- lenced. The call against war, in favor of a ne- with the development of priorities and ac- ices, education efforts, support for orphans gotiated settlement, and an end to sanctions tion plans to ensure women’s empowerment. and disadvantaged women and children to has become a primary issue for many, de- But sanctions undermine and contravene carry-out their work. Many of these organi- spite the risks they incur. They are using these policies. The contradictory nature of zations have ceased their activities. every opportunity to send their message to US and EU rhetoric, policies and actions in- Sanctions are isolating Iranians from the world. crease the Iranian public’s suspicion about international forums: Beyond the economic Women’s rights activists now living out- them, and credence to charges of hypocrisy. impact, civil society, including the women’s side of Iran draw on international platforms On negotiations with the Iranian govern- movement in Iran has been further isolated to echo the concerns and voices of their ment: from their international counterparts, as a counterparts inside the country. Meanwhile, 5. Engage Iran on the full range of issues. result of the sanctions. Security challenges despite the risks, women in Iran have not including regional security, economic issues. imposed by their own government already been silenced either. One group, the Mothers human rights, culture. etc. Incentives, espe- curtail civil society’s ability to attend re- for Peace, representing different sectors and cially those that reduce the hardship of ordi- gional and international conferences, work- ideologies began its activities in 2008, with nary Iranians, should be put forth to encour- shops and other events. But the policies of the aim of preventing war and violence in age a peaceful settlement to the disputes of other governments further complicate their the country and promoting peace regionally. the international community with Iran. lives. Visas that Iranian passport holders They, along with other women’s groups, have 6. Call for the inclusion of civil society in need to travel internationally, take consid- issued several statements opposing the possi- engagement with Iran. Should Iran and the erable amount of time and resources. The bility of war. Echoing this, in 2011, on the international community reach an agree- new banking sanctions have ended the possi- International Day to Fight Violence Against ment that would allow for negotiations and bility of financial exchanges, while the fall- Women (November 25th), another group of dialogue on a wider set of issues, civil soci- ing price of the Rial has increased the finan- Iranian activists issued their antiwar and vi- ety, including women’s groups, human rights cial burden for those activists who want to olence statement, noting: groups and peace activists, should partici- participate in conferences and training op- ‘‘We a group of women’s rights activists in pate. portunities. Activists, like regular Iranians, Iran, are worried about the increasing vio- On immediate steps for redressing the im- cannot use banks to transfer funds for con- lence against women and children [that is pact of sanctions on ordinary citizens: ference participation, hotel reservations, or the result] of the polarized and hostile at- 7. Do not force an entire nation to adopt to attend courses abroad. Finally, for years mosphere [and] dead-end national and inter- nontransparent means of financial trans- despite state restrictions, activists have used national politics of tension and violence. As actions. Revise the banking sanctions so the internet as a critical tool for commu- a result of these policies, violence against that ordinary people are not caught in them. nication. But the sanctions policies have led women and children infiltrates the deepest Specifically, adopt measures to facilitate the many large hardware and software manufac- social and political and familial layers of transfer of funds by ordinary Iranian citizens turers in the United States to deny services Iranian society.’’ and Iranians with dual nationality (EU, US, and products to Iranians. Thus just when On March 8, 2012, in honor of International UK etc) for travel, tuition, and medical care, contact with and solidarity from the outside Women’s Day, several activists involved in in the case of sale of property, inheritance or world are most needed, Iranians are faced the One Million Signatures Campaign re- for other personal and familial purposes. with the greatest level of isolation. corded video messages opposing war. They Forcing Iranians to move toward a cash economy reduces transparency and fosters 4. WHAT WOMEN DO: RESILIENCE, COURAGE, reject the official narratives that often pose the growth of shadowy actors. VOICES OF PEACE AND A WINDOW TO THE FU- the problems in the terms of good and evil, just and unjust, and call on all sides—includ- 8. Address the adverse healthcare impact of TURE sanctions immediately. Sanctions including Women’s rights activists have never had it ing their own government—to engage in constructive dialogue rather than the rhetoric limitations impacting the import of medi- easy. They have fought against an assault on cines, medical equipment and forced usage of of war and threats. their legal and political rights as well as substandard gasoline are affecting people’s their demand for equal opportunities in the RECOMMENDATIONS TO THE INTERNATIONAL health and lives. These issues should be in- economic, social and cultural life of the COMMUNITY, PARTICULARLY THE US AND EU- vestigated and alleviated immediately with country. In 2006, when a group of women ini- ROPEAN COUNTRIES cooperation between the US, European and tiated the Million Signatures Campaign to Fundamentally rethink policy on Iran: Iranian governments. demand the reform of laws that discriminate 1. End the sanctions policy against Iran. 9. Help ease and enable visa applications against women, they immediately faced Recognize that sanctions as a general rule for Iranians seeking to visit relatives. state scrutiny and obstruction. The move- have a poor record of influencing the behav- Throughout the EU, US, Canada and Aus- ment thrived however, transcending age, ior of states and in many situations have se- tralia there are millions of citizens of Ira- economic, rural, urban and even political verely harming the population at large, par- nian descent. They have elderly parents and and religious divisions to draw in a mix of ticularly vulnerable groups and democratic relatives living in Iran who visit them regu- volunteers. Using new and old media, impro- movements. Ninety-nine percent of the cur- larly. Visas for relatives should be expedited vised street theater and small group edu- rent sanctions against Iran are too broad to and offered for longer periods.

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10. Encourage student visas and conference duced with Representative DEUTCH Mr. KUCINICH. I yield myself 30 sec- attendance. Student visas and visas for con- from Florida, whom we just heard onds. ference participation should be processed from, that declare the Iranian energy We went to war against Iraq under more quickly and with less financial burden sector a ‘‘zone of proliferation con- the assumption they had weapons of on applicants. 11. Facilitate free and safe access to the cern,’’ and which will enhance the mass destruction. Iran doesn’t have internet to help foster independent civil so- human rights portion of the bill. weapons of mass destruction. ciety. Sanctions have severely limited Ira- I also want to note the significant One of the problems with this bill is nian civil society’s safe access to the inter- contributions by Senator MARK KIRK, that it effectively states that sanctions net including necessary software and hard- who has been a consistent champion on Iran’s Central Bank would not be ware. The international community should and leader on the forcefulness of Iran lifted unless there’s a regime change. help provide this access and limit the impo- sanctions. So we’re bringing a whole new dimen- sition of sanctions in this sector. I look forward to this legislation’s sion here. It’s about even more than b 1500 passage today and implementation nuclear weapons; now we’re talking Mr. KUCINICH. I yield myself 30 sec- with urgency by the administration, about regime change, because this res- onds. and I look to continue to work with my olution creates a new requirement for The Senate Banking Committee sum- colleagues in Congress on this issue the termination of sanctions that are marized this bill by saying that it until we can affirm that the Iranian re- dependent on the cessation of the Cen- ‘‘aims to prevent Iran from repa- gime is no longer pursuing a nuclear tral Bank’s financing of the Revolu- triating any of the revenue from sale of weapons capability. tionary Guard, and it imposes new re- its crude oil, depriving Iran of hard I urge adoption of this resolution and strictions on the President’s ability to currency earnings and funds to run its for the immediate implementation by waive sanctions. state budget.’’ this administration. So, what are we doing here? Setting Spoken plainly, this bill would de- Mr. BERMAN. Mr. Speaker, I’m very the stage for another war. Regime stroy the Iranian economy and further pleased to yield 11⁄2 minutes to the gen- change, and then upping the bar for hurt the Iranian people that we claim tleman who organized the Iran Work- Iran and essentially laying the ground- to support. Iranians are already suf- ing Group 7 or 8 years ago to focus con- work for a conflict. fering under stifling sanctions as they gressional attention on the looming I reserve the balance of my time. experience rising food prices and lack threat of a nuclear Iran, my friend Ms. ROS-LEHTINEN. Mr. Speaker, I of access to basic medicine. For exam- from New Jersey (Mr. ANDREWS). reserve the right to close. ple, the sanctions against the Iranian Mr. ANDREWS. I thank the chair- Mr. BERMAN. I’m very pleased to banking sector have greatly dimin- lady from Florida and my friend from yield 1 minute to a former member of ished the value of Iranian currency and California for recognizing some grave the Foreign Affairs Committee, my have a negative effect on nearly every and serious points. friend from Texas (Ms. JACKSON LEE). aspect of the lives of ordinary Iranians. First, they recognize that on the 11th Ms. JACKSON LEE of Texas. I thank The price of rent, education, and bread of September of 2001, 19 people armed the ranking member and the chair- have all increased. with airplane tickets and box cutters woman of this committee for bringing I reserve the balance of my time. wreaked havoc on the United States of us together. Ms. ROS-LEHTINEN. Mr. Speaker, I America. They recognize that a group I don’t like sanctions, Mr. Speaker, yield 11⁄2 minutes to the gentleman of people with a small, improvised nu- but I rise in strong support of this leg- from Illinois (Mr. DOLD), an esteemed clear device could wreak havoc far islation. And when I say that, I under- member of the Committee on Financial worse than that on the Mall that stand what sanctions can do to women Services. stands in front of this building or on and children and families. In fact, I’m Mr. DOLD. I certainly want to thank Times Square. reminded of a debate on apartheid and the chairwoman for her leadership on Weapons these days are not just de- sanctions in South Africa. That debate this very important issue. I also want livered by intercontinental ballistic was a question of whether you under- to thank the ranking member for his missiles; they can be delivered by U- mine that nation. But we saw what bipartisan leadership as well. Haul trucks or by other means. This is happened with sanctions when we came Mr. Speaker, I believe that a nuclear- the essential threat of Iranian nuclear together as a Nation to bring down the armed Iran is actually the greatest proliferation to the United States. dastardly structure of apartheid. threat we have to our own national se- The choice that we face is whether Iran, right now today, can stop this curity here at home. This issue is not a we should take concerted action to pre- legislation by shedding itself of all right versus left issue; this is a right vent that threat or whether we signs of building a nuclear weapon. The versus wrong issue. shouldn’t. I commend the chairlady regime change is not by war. This bill Mr. Speaker, this legislation is sig- and my friend from California for does not suggest war. It means that nificant in its seriousness and its choosing to unify this Congress, this voluntarily, by election, their govern- scope. By blacklisting virtually all of country with the rest of the world with ment can change. But what I believe is Iran’s energy, banking, and transpor- the proposition that we should present most important is that we recognize, tation sectors, and specifically tar- the Iranian leadership with a choice. If having seen that fallen woman bleeding geting those who enable Iran’s at- they decide to abandon their nuclear in the street, that human rights abuses tempted evasion of sanctions, this leg- weapons program—which they illicitly are massive. They’re massive in their islation sends a powerful signal to the concealed for 25 years—if they agree to influence on Iraq, where they’re influ- Iranian regime that they should not live under international protocols, encing the treatment of residents of ever question the resolve of the United then the sanctions that have been im- Camp Ashraf. That must stop. States Congress to do what is nec- posed will be lifted and we can move So this legislation is crucial because essary to confront Iran’s illicit nuclear forward toward peace and progress. But it impacts the human rights abuses, it ambitions. if they do not, they will most certainly indicates that there is no giving on a This legislation is the product of bi- suffer the consequences of a deterio- nuclear weapon, and it gives Iran, right partisan efforts and hard work of many rating economy and problems within now today, the ability to stop this leg- people, and I certainly appreciate their social structure. islation and sanctions by owning up to Chairman ROS-LEHTINEN’s and Ranking We have made our choice to stand eliminating any sign of a nuclear Member BERMAN’s focus to try to get united in favor of these strong sanc- weaponization, treating its people with this passed as quickly as possible. tions. We are presenting the Iranians dignity, and responding to the needs of I’m pleased to have contributed to with their choice. Let us hope and pray the people in Camp Ashraf. strengthening this sanctions package they make a choice for peace and re- I support the legislation enthusi- with bipartisan proposals that I intro- newed prosperity. astically.

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They’ve been found, not by the White good. Yes, we knocked out Saddam So I urge my colleagues to support House, not by some Vulcans in foreign Hussein under the lie that he had weap- this. I think there’s a reason why vir- policy, but by the IAEA and the U.N. ons of mass destruction, and now al tually every Member of Congress on Security Council, over and over again, Qaeda is all over Iraq. both sides of the aisle supports it. to have violated their obligations So, what are we about here? We’re Mr. KUCINICH. I yield myself 1 under the nonproliferation treaty to setting the stage for another war where minute. which they are a signatory. They don’t we syphon the revenue out of this These sanctions are hurting ordinary ratify the additional protocols. They move ahead with enrichment plants country, send it to war machines, can’t people in Iran. I pointed out earlier, that they don’t need for a peaceful meet our own needs. Since when does matters like the price of rent, bread— Americans can understand that—edu- weapons program. Iran achieve greater importance than They do not have a right to enrich. cation, all of these things are increas- our own country? That’s what I want You could argue they have a right to a ing. And these sanctions then directly to know. I want somebody to explain nuclear energy program, but not a that to me. undermine Iran’s civil society by giv- right to enrich. They conceal informa- I reserve the balance of my time. ing the regime a chance to crack down tion in violation of their treaty obliga- Mr. BERMAN. Mr. Speaker, could I even harder on internal dissent. These tions. get another indication of the time re- sanctions will ensure that those crack- This is, hopefully, the final step, but maining? downs continue. if not we will have to intensify the The SPEAKER pro tempore. The gen- Ordinary Iranians are struggling sim- sanctions to achieve that diplomatic tleman from California has 41⁄2 minutes ply to make ends meet under this sanc- program. remaining; the gentleman from Ohio tions regime that already exists. They And Iran is not some bucolic, peace- has 3 minutes remaining; the gentle- cannot afford to suspend the time nec- loving state that has never done any- woman from Florida has 30 seconds re- essary to participate in social move- thing against its neighbors. Everyone maining. ments which provide basic social serv- knows that Hezbollah is a direct for- Mr. BERMAN. In this case, I’m ices to push for democratic change in eign agent of Iran that gets its funding, pleased to yield 11⁄2 minutes to the their country. its training, and its sponsorship and its ranking member of the Western Hemi- Are these the intended effects that directions from Iran. sphere Subcommittee, a longtime we wish to have on the Iranian people We know what they’ve done to the member and leader on the Foreign Af- and Iranian Americans? marines in Lebanon. We’ve known fairs Committee and a very active leg- And if not, passing this kind of a what they tried to do to the Saudi Am- islator on the issue before us today— broad, indiscriminate sanctions bill bassador here in Washington. We know that is, the effort to stop Iran from sends the wrong message.If the sanc- that in Delhi and in Bulgaria and a getting a nuclear weapon—my friend tions imposed on Iraq are any prece- number of other capitals around the from New York (Mr. ENGEL). dent, we know that sanctions are not world, their effort to commit terrorist Mr. ENGEL. I thank my friend for an effective tool in promoting or sup- acts against Israeli diplomats and yielding to me, and I rise in strong supporting domestic democracy move- Israeli citizens. Their record as a state port of this legislation. ments. sponsor of terror is the largest and I am glad that the Senate and the We also know those sanctions did not most impactful in the world. House finally came together on this prevent an unnecessary and wasteful They are pursuing a nuclear weapons capability. It is our obligation to do very, very important bill. war with Iraq. In effect, the expansion of the broad and indiscriminate sanc- every measure we have to stop them b 1510 tions, including this legislation, hurts from getting that, and we want to do it This bill has very, very strong sup- our ability to negotiate with Iran, im- peacefully. This strategy that we are port, as you can tell, on both sides of poses long-term harm detrimental to embarked on is an effort to find a way the aisle, and the reason it does is be- the Iranian people. to do this without resorting to war, cause Iran has proven itself to be a I reserve the balance of my time. and I urge my colleagues to stand very, very dangerous player. Mr. BERMAN. Mr. Speaker, I yield strongly behind this bill. This is the alternative. It is the only Iran is the leading supporter of ter- myself such time as I may consume. I feasible alternative. Otherwise, we are rorism in the world. Iran supplies and have no further requests for time. faced with two very dismal prospects: a supports the terrorist group Hezbollah And I’d like to just raise a couple of military action or an Iran with nuclear in Lebanon. And, in fact, now we see the issues that my friends, Mr. PAUL what’s going on in Syria. And if it was weapons and all that means. from Texas and Mr. KUCINICH from I urge an ‘‘aye’’ vote. not for Iran, Assad would not be able to Ohio, have put forth in the context of I yield back the balance of my time. continue his brutal ways and his mur- opposition to this bill. Mr. KUCINICH. I yield myself 1 dering of his own people. Right now, as This is not the next step to war. This minute. we talk, there are Iranian guards fight- is the alternative to war. Iran having a Sanctions are a form of war in this ing on the side of Assad in Syria, and nuclear weapon is unacceptable for case, and it will lead to war. And re- Iran chooses to be, and continues to be, many, many reasons: member, we’re not talking about— a rogue nation. It means the end of the nonprolifera- some time ago we were talking about if Iran must not be allowed to have a tion regime; Iran would have a nuclear weapon, but nuclear weapon. She has lied to the It means countries all through that then the bar’s been lowered to say nu- world consistently in talking about her part of the world will seek their own clear weapon capability. And now the purposes of the weapon, but Iran is not nuclear weapons; game’s being changed to say not just fooling anybody. It raises the specter of nuclear weap- nuclear weapon capability, but we And so what these sanctions do is ons being passed on and dirty bombs want regime change as well. hits at Iran’s oil and natural gas sec- being passed on to terrorists, and there I mean, if this isn’t a prescription for tors, making it very, very difficult for is nothing in the comments of the re- war, then I didn’t participate in the de- them to launder money and making it gime that could let one relax and think bate in this House of Representatives

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Mr. Speaker, I rise I mean, come on. What are we doing Ari Fridman. today in support of H.R. 1905, the Iran Threat here? Why is this more important than Thanks to Chairman JOHNSON of the Reduction and Syria Human Rights Act of our country? Senate Banking Committee and to his 2012. This bill is a critical effort to tighten You know, our postal service is going staff, particularly Colin McGinnis, Pat- sanctions against the Tehran regime, and to into default tonight, a manufactured rick Grant and Steve Kroll, as well as increase pressure to force the government to default, mind it. No debate on the Ranking Member SHELBY and his staff. abandon its pursuit of nuclear weapons. House floor about this today, but an at- A strong and warm thanks and big Iran’s nuclear ambitions pose a grave threat tempt to manufacture a war with Iran. ERMAN hug to my good friend Mr. B — to the United States, to regional stability in the What are we about? the ranking member—and to his staff, I reserve the balance of my time. Middle East, and to the entire international particularly Shanna Winters, Alan community. Both President Obama and the Ms. ROS-LEHTINEN. I continue to Makovsky and Ed Rice, as well as mi- reserve the balance of my time. United States Congress have unequivocally nority staff director Richard Kessler. stated that Iran must not be permitted to de- I will retain my time to close, so if I would like to thank Senators Mr. KUCINICH could wrap up his part of velop nuclear weapons. MENENDEZ and MARK KIRK and the crit- On his visit to the Middle East this week, the debate, we can conclude. ical Representatives, DEUTCH, SHERMAN Mr. KUCINICH. Could I ask how U.S. Defense Secretary Leon Panetta stated and DOLD. that ‘‘sanctions are having a serious impact in much time remains? Let’s stop Iran before it’s too late. terms of the economy in Iran.’’ Iran is now The SPEAKER pro tempore. The gen- Let’s pass this bill. I yield back the struggling to conduct international trade, losing tleman from Ohio has 1 minute remain- balance of my time. ing. markets and trading partners. Its currency has HOUSE OF REPRESENTATIVES, lost over half of its value. Mr. KUCINICH. And how much time COMMITTEE ON ENERGY AND COMMERCE, does the gentlelady have? Meanwhile, the administration continues to Washington, DC, July 30, 2012. expand sanctions against Tehran. Earlier this The SPEAKER pro tempore. The gen- Hon. ILEANA ROS-LEHTINEN, tlewoman from Florida has 30 seconds Chairman, Committee on Foreign Affairs, week, President Obama signed an executive remaining. Rayburn, Washington, DC. order to extend sanctions to anyone, using Mr. KUCINICH. I yield myself 1 DEAR CHAIRMAN ROS-LEHTINEN: I write con- any method of payment, who purchases Ira- minute. cerning the House-Senate negotiations on nian crude oil—preventing Iran from circum- This legislation also requires the H.R. 1905, an Act to strengthen Iran sanc- venting sanctions by using bartering and other President to impose sanctions on those tions laws for the purpose of compelling Iran unconventional payment options. It also ex- to abandon its pursuit of nuclear weapons panded sanctions on buyers of Iranian petro- who are responsible for or are and other threatening activities, and for complicit in certain human rights other purposes. I understand the House and chemical products, and authorized penalties abuses in Syria, but it fails to acknowl- Senate have reached an agreement on provi- for entities seeking to evade U.S. sanctions. edge that our own country and a num- sions related to an Energy Information Ad- Also this week, the U.S. Treasury sanctioned ber of our allies are actively partici- ministration report on Iran’s natural gas the Bank of Kunlun in China and Elaf Islamic pating and stoking the violence on the sector. Bank in Iraq for providing financial services to ground. Divisions and infighting within I wanted to notify you that the Committee Iranian banks. on Energy and Commerce will forgo action Today, Congress is acting to further tighten the various militias operating on the on this House-Senate compromise language ground are already occurring. And we the economic noose on the Iranian regime. so that the bill may proceed expeditiously to The bill under consideration today, H.R. 1905, also read that al Qaeda’s also been in- the House floor for consideration. This is volved in Syria. done with the understanding that the Com- strengthens and expands existing sanctions, So, look, we have to get serious mittee is not waiving any of its jurisdiction banning any commercial activities with Iran’s about what America’s purpose is in the on this or similar legislation. oil and natural gas sector, including helping world. It’s not to be a heavy foot. It’s I would appreciate your response con- Iran ship its oil under the flag of another na- not to proliferate wars all over. firming this understanding with respect to tion. This bill increases sanctions targeting en- The first thing we have to do is take this provision of the House-Senate com- tities involved with the Iranian Revolutionary promise to H.R. 1905, and I ask that a copy of Guard Corps and sanctions human rights of- care of things here at home: jobs for our exchange of letters on this matter be in- all, health care for all, education for cluded in the Congressional Record during fenders. all, retirement security for all. When its consideration on the House floor. When coupled with existing sanctions, to- we can do those kinds of things, then Sincerely, day’s bill represents the strongest-ever effort we can pretend that we can be the po- FRED UPTON, to financially isolate Iran. This is critical, be- liceman of the world. But until we’ve Chairman. cause we must persuade the Tehran govern- done that, we don’t have any right to ment to abandon its pursuit of nuclear weap- go all around the world trying to tell HOUSE OF REPRESENTATIVES, ons. I strongly support utilizing our entire dip- COMMITTEE ON FOREIGN AFFAIRS, lomatic and economic arsenal to ensure that people how to live. Washington, DC, July 30, 2012. And we can settle this matter with Iran does not develop nuclear weapons. Hon. FRED UPTON, Today’s bill is a critical step towards in- Iran without war. We can settle it Chairman, Committee on Energy and Commerce, through diplomacy. Diplomacy. It Rayburn, Washington, DC. creasing pressure on the Iranian government. would be real interesting to try it. And DEAR CHAIRMAN UPTON: Thank you for I urge my colleagues to join me in strongly we ought to support any efforts of the your letter concerning H.R. 1905, an Act to supporting this legislation. Obama administration to use diplo- strengthen Iran sanctions laws for the pur- Mr. REED. Mr. Speaker, I rise today to reaf- macy here. Let’s not use this political pose of compelling Iran to abandon its pur- firm my support for sanctions to be placed suit of nuclear weapons and other threat- upon Iran. Mahmoud Ahmadinejad and Ali climate to push us into a war. ening activities, and for other purposes. I yield back the balance of my time. Khamenei are once again stressing the pro- I appreciate your Committee’s decision to liferation of nuclear weapons and ballistic mis- b 1520 forgo action on the House-Senate compromise text so that it may proceed expedi- siles within Iran’s borders and we must take Ms. ROS-LEHTINEN. Mr. Speaker, I tiously to the House floor. I acknowledge swift and strong actions against these meas- yield myself the remaining time. that your decision in this case does not rep- ures. I would like to recognize the commit- resent the waiver of any of your jurisdiction Iran is not just a threat to the United States, ment, the dedication and tireless ef- over this bill or similar legislation. but to all free countries around the globe. As

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Although Iran has Its citizens have continually been sheltered ported by Iran, was responsible for more attempted to work around the sanctions by re- from outside information and ideas due to American deaths around the world than any flagging vessels and hiding transactions, the strict governmental control. We need to inform other terrorist organization. Since 2001, Iran shell game isn’t sustainable. Sanctions an- the regime that the Iranian citizens deserve has embarked on more direct efforts to harm nounced by President Obama in recent days the basic human rights as laid out by the American interests as evidenced by last year’s and weeks and those authorized in the bill be- United Nations. I am proud to support H.R. foiled Iranian-backed assassination plot fore us today will tighten the grip. 1905 and I encourage the President to sign against the Saudi ambassador to the United Our message to Iran is loud and clear— this into law promptly. States. there is no escaping accountability. The con- Mr. GENE GREEN of Texas. Mr. Speaker, The current state of Iranian sanctions clearly sequences of defying the international commu- I rise in strong support of the conference re- has not worked to reduce Tehran’s threat to nity and continuing an illegal nuclear program port to H.R. 1905, the Iran Threat Reduction global peace. That’s why we need the en- are severe and they will be gravely worse if and Syria Human Rights Act of 2012. This bi- hanced approach this legislation will take in the Iranian government continues on its cur- partisan legislation represents the strongest countering efforts by Iran to evade the impact rent course. This bill is our third round of congressional set of sanctions to isolate any country in the of international sanctions. H.R. 1905 as sanctions legislation since the Obama Admin- world during peacetime. amended tightens reporting on countries vio- istration successfully galvanized U.N. Security It is imperative that our nation takes all lating sanctions on these countries and Council support for multilateral sanctions steps necessary to isolate Iran, force them to strengthens measures against those who against the Iranian nuclear program in June end their dangerous pursuit of nuclear weap- would aid and abet these disturbers of global peace. 2010. Together with sanctions enacted in July ons, and secure that the regime in Teheran 2010 and December 2011, the sanctions in will no longer be a threat to peace and pros- It also effectively blacklists Iran’s energy sector and anyone doing business with it. By the bill before us today reinforce the message perity in the Middle East. to countries, companies and financial institu- Once this legislation is passed and signed preventing Iran from repatriating the proceeds from its oil sales, this rogue government will tions that now is not the time for business as into law, virtually all of Iran’s energy, financial, usual with Iran. and transportation sectors would be subject to be deprived of 80 percent of its hard currency earning and half of the funds used to support The bill gives the Administration an array of U.S. sanctions. Companies conducting busi- new tools to shore up international resolve. It ness in these industries would face the possi- its national budget. Iran has used many tricks to subvert current has sharp enforcement mechanisms to help bility of losing access to U.S. markets. sanctions—from oil for gold swaps to selling enlist other countries in the effort to starve the I also applaud the inclusion of sanctions Iranian nuclear program of cash flows from against human rights abusers in Iran and energy bonds to other trading and bartering schemes. They have been successful because Iranian Revolutionary Guard Corps, the Na- Syria in this legislation. The deplorable actions there are governments who care more for tional Iranian Oil Company, the National Ira- by the political and military leaders in Iran and making profit from doing business in Iran than nian Tanker Company, and other Iranian Syria against their own people must come to in preventing threats to world peace. Inter- banks, businesses and government entities an immediate halt and deserve global con- national efforts to rein in the nuclear ambitions being used to funnel money into nuclear activi- demnation. of Iran have been stymied particularly by ties. Important allies, such as the European The bill also expands sanctions against Ira- China. Union, Canada, Australia, Japan, South Despite expressing formal support for nian and Syrian officials responsible for Korea, India, and Israel, have joined the United Nations Security Council sanctions human rights abuses by using electronic moni- American people in enacting sanctions against against Iran since 2005, China has stepped in toring and tracking of regime opposition and Iran. where other nations have curtailed trade with specifically targets the paramilitary organizations that have been most insidious in terror- It is important that this Chamber say with a Iran. China’s Bank of Kunlun and the Elaf Is- izing democracy activists. strong, unified voice that we stand with Israel lamic Bank in Iraq have facilitated transactions during these difficult times. But what this bill does not do is authorize worth millions of dollars for Iranian banks al- war with Iran. In fact, the bill explicitly says so. As co-chair of the Democratic Israel Work- ready under sanctions. Stronger sanctions will ing Group, I call on Members from both sides I want to underscore that point, because the make such unsavory alliances more difficult. motivation of the sanctions is to pressure Ira- of the aisle to vote in support of this bipartisan This is why the reformulated bill we consider resolution. nian leaders to abide by the International today is so vital in eliminating to the extent Atomic Energy Agency’s demands and nego- I would also like to take a moment to thank possible all avenues for Iran’s allies to play the President for his leadership on sanctions tiate in good faith and to avoid a military esca- enabler to its nuclear ambitions and to its pa- lation. on Iran. Yesterday, President Obama signed tronage of terrorist operations. an Executive Order that imposes new sanc- As President Obama has stated clearly, the I want to congratulate House Foreign Affairs United States does not have a policy of con- tions against the Iranian energy and petro- Committee Chairman ILEANA ROS-LEHTINEN, chemical sectors, as well as sanctions against tainment. All options are the on the table if Senate Banking, Housing and Urban Affairs Iran does not change course. By passing this those who are providing material support to Committee Chairman TIM JOHNSON and other the National Iranian Oil Company, Naftiran legislation we will continue to leave no stone members for their hard work in crafting a bi- unturned in our determination to try and Intertrade Company, or the Central Bank of partisan, bicameral bill that works. Iran. These measures will help strengthen the achieve a diplomatic resolution to this crisis. Mr. WAXMAN. Mr. Speaker, the Iranian nu- Mr. BACA. Mr. Speaker, I rise in support of existing sanctions regime and bring Iran that clear threat is a daunting and dangerous chal- H.R. 1905. much closer to ending its heedless quest for lenge. With Iran stalling diplomatic talks, add- Today, it is vital that the U.S. sends a nuclear weapons. ing enrichment centrifuges, and continuing strong message to the Iranian government. Mr. SMITH of New Jersey. Mr. Speaker, I work at unmonitored enrichment sites, there is A nuclear capable Iran is our greatest secu- rise today in strong support of the House frustration and alarm that time may be running rity threat in a region currently defined by con- amendment to the previous Senate amend- out. But time has not run out and if we are to flict, chaos, and uncertainty. ment to H.R. 1905. In his 2002 State of the avert a military confrontation with Iran over its We must prevent Iran from acquiring nu- Union Address, former President George H.W. nuclear weapons ambitions, we must make clear weapons through any and all means Bush said that Iran was pursuing weapons of use of every opportunity to pressure Iran to necessary. mass destruction and exporting terror. A dec- change course. This bill achieves that goal There needs to be strong economic sanc- ade later, Iran’s global threat is greater than with sanctions that are deeper and stronger tions and focused diplomatic efforts. ever. than any we have ever seen. As a nation it is also essential to prepare a We are currently embroiled in a standoff Without a doubt sanctions against Iran are strategy in the event that sanctions and diplo- with Iran over its pursuit of nuclear capability. having a powerful impact. In the last year matic efforts are not successful.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13109 Allowing Iran to become a nuclear threat is Iranian government. But Iran continues to in- In, Congress passed H.R. 2194, the Iran not an acceptable outcome. crease its stockpile of enriched uranium. This Sanctions, Accountability and Divestment Act, That is why we must pass H.R. 1905, which bi-partisan measure is necessary to give the which at the time were the most comprehen- increases the economic pressure on Iran’s President additional tools to penalize the Ira- sive sanctions ever imposed on Iran by the leadership to abandon their illicit efforts to de- nian regime for its continual refusal to heed United States. But more needs to be done. velop a nuclear weapon. the objections of the international community. While current sanctions on Iran have im- Iran has the power to threaten and provoke I encourage my colleagues to join me in peded Iran’s ability to successfully develop a regional allies without consequence. support of this conference agreement. nuclear weapon, most experts agree that Iran We must stand with our allies in these dan- Mr. HOLT. Mr. Speaker, I rise in support of will have nuclear capabilities in the next two to gerous and challenging times to prevent a nu- the amended version of H.R. 1905, the Iran three years if tougher sanctions are not im- clear capable Iran. Threat Reduction & Syria Human Rights Act. posed. According to a report released by the We must pass H.R. 1905 before it is too I am a co-sponsor of and voted for the origi- International Atomic Energy Agency, Iran has late for sanctions and diplomacy to reduce the nal version of this bill when it was on the a stockpile of low-enriched uranium that if fur- Iranian threat. House floor in December 2011. Since that ther enriched could produce three nuclear Mr. VAN HOLLEN. Mr. Speaker, I rise in time, the bill has been refined in the Senate weapons. support of the conference agreement for H.R. with language designed to essentially paralyze Last year, I wrote to Chairman ROS- 1905, the Iran Threat Reduction and Syria Iran’s oil sector, which has already seen its oil LEHTINEN, Ranking Member BERMAN, Leader Human Rights Act of 2012, a bill of which I am exports fall by 60 percent as a result of sanc- PELOSI, and Speaker BOEHNER urging them to a cosponsor. In addition to imposing sanctions tions imposed to date. The improved bill be- bring before the House legislation imposing on anyone found to be guilty of committing or fore us even more broadly targets Iran’s oil sanctions on the Central Bank of Iran. Shortly contributing to the repression or abuse of the sector and anyone who tries to do business thereafter, I was very encouraged and pleased human rights of the Syrian people, this meas- with Iran in this area. It will prevent the Central that the Committee reported favorably and the ure also continues the congressional efforts to Bank of Iran from repatriating funds from the House passed H.R. 1905. apply pressure to the government of Iran for sale of oil as part of bilateral trade agreements H.R. 1905 strongly reflects the demands of its nuclear enrichment activities. Iran may have with other nations. Indeed, prior the international community that tougher sanc- Mr. Speaker, yesterday the president an- sanctions passed by this Congress have tions must be placed on Iranian leaders to end nounced the application of new sanctions on caused India and Turkey to deny Iranian their nuclear program. H.R. 1905 increases the Iranian oil industry and on Chinese and banks licenses to set up branches in those na- sanctions on human rights violators in Iran, Iraqi banks for helping Iran to circumvent the tions. Finally, this bill includes sanctions tar- imposes tougher sanctions on the Islamic global sanctions regime. These sanctions are geting Syrian officials responsible for the mas- Revolutionary Guard Corps (IRGC), and codi- a part of an escalating series of penalties sacres in that nation since the Syrian people fies U.S. policy to prevent Iran from devel- began their uprising more than 18 months against Iran. In June, the U.S. imposed a oping unconventional weapons and ballistic ago. round of sanctions targeting any foreign coun- missiles. This bill takes steps to peacefully These are important steps we must take as try that buys Iranian oil. Then, in early July, part of a strategy to use every means avail- thwart Iran’s nuclear aspirations. the EU, a major market for Iranian oil, put in During the markup of this bill, an amend- able to compel Iran to meet its international place a complete embargo of oil imports from ment offered by Ranking Member Berman to obligations. Iran must renounce any effort to the country. strengthen sanctions against Iran’s Central acquire nuclear weapons, and that claim must Since the effort began, Iranian oil production be verified through thorough, intrusive on-site Bank was unanimously agreed to. The Ber- has declined by a million barrels a day, its ex- inspections and monitoring. man Amendment strengthens H.R. 1905 by in- ports have fallen by about 50 percent and its I should also note that yesterday, President serting language that directs the President to currency has plunged more than 40 percent Obama announced a fresh set of sanctions determine whether the Central Bank of Iran is against the dollar. Today, the House meets to against Iran’s energy and petrochemical sec- engaged in sanctionable activity. further tighten the sanctions on Iran’s energy, tors based on existing sanctions law and his By sanctioning the Central Bank of Iran, the shipping and insurance sectors. This package own authority as president. As President United States would set a strong example for of sanctions will be the most comprehensive Obama noted this week, ‘‘The United States countries around the world that depend on a passed to date. Virtually all of Iran’s energy, fi- remains committed to a diplomatic solution, geopolitically stable Middle East for their own nancial, and transportation sectors will be sub- but the onus is on Iran to abide by its inter- security and prosperity. Imposing tougher ject to U.S. sanctions and any company that national obligations. If the Iranian government sanctions on the Iranian economy will dem- does business in these sectors will run the risk continues its defiance, there should be no onstrate that the international community will of losing access to U.S. markets. doubt that the United States and our partners not tolerate Iran’s continued refusal to end The economic sanctions imposed on Iran will continue to impose increasing con- their nuclear enrichment program. have succeeded in bringing the Iranians to the sequences.’’ The government of Iran should Specifically, the Berman Amendment directs negotiating table. It remains to be seen wheth- understand that Congress, on a bipartisan the President of the United States to deter- er the Iranians are simply engaged in stall-tac- basis, is sending the same message by pass- mine whether the Central Bank of Iran has: (1) tics or are willing to end their effort to produce ing H.R. 1905. I urge my colleagues to join me assisted Iran’s VVMD or missile programs, in- weapons-grade nuclear material. in supporting this bill. cluding proliferation of WMD to other govern- As President Obama has made clear, it is Ms. RICHARDSON. Mr. Speaker, I rise ments; (2) financed Iran’s procurement of ad- unacceptable for Iran to develop a nuclear today in support of the Senate amendment to vanced conventional weapons; (3) provided fi- weapon. The U.N. Security Council has H.R. 1905, the Iran Threat Reduction Act. This nancial services for the Islamic Revolutionary passed numerous resolutions demanding that bipartisan legislation is critical to the protection Guard Corps; or (4) facilitated Iran’s support of Iran comply with the Nuclear Nonproliferation of the American people and our allies around international terrorism. Treaty and suspend its nuclear enrichment ac- the world. Should the President make the determina- tivities. The IAEA has repeatedly found Iran to Mr. Speaker, I believe it is imperative that tion that the Central Bank of Iran is involved be in violation of the U.N. resolutions. the United States take the lead in opposing in any of these areas, the bill requires him to A nuclear-armed Iran would pose a grave Iran’s effort to produce nuclear weapons. Such apply sanctions under the International Emer- threat to the State of Israel, a country the a development would introduce an intolerable gency Economic Powers Act. The President President of Iran has stated should ‘‘be wiped and destabilizing element into one of the will have 30 days to make this determination. off the map.’’ A nuclear Iran could also trigger world’s most volatile regions. The discovery of These sanctions would ensure that any foreign a nuclear-arms race in the Middle East that a plot to assassinate the Saudi Ambassador to bank involved in significant transactions with would further destabilize an already volatile re- the United States on American soil is but a re- the Central Bank of Iran is excluded from gion. It is in the national security interests of minder of the urgent need for the United doing business with the U.S. the United States to prevent Iran from obtain- States to take forceful and effective action to Mr. Speaker, the bill also includes Title WI, ing nuclear weapons. ensure that Iran does not succeed in devel- entitled the ‘‘Syria Human Rights Account- By most accounts, the sanctions passed by oping the capability to produce nuclear weap- ability Act of 2012.’’ I support the inclusion of Congress have ratcheted up pressure on the ons. this title. What began as a peaceful stand

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00055 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13110 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 against tyranny has degenerated into the Iran from repatriating any of the revenue from SUPPORTING REGIME CHANGE AND TYING THE bloodiest movement of the Arab Spring. Ac- sale of its crude oil, depriving Iran of hard cur- PRESIDENT’S HANDS cording to the International Red Cross more rency earnings and funds to run its state Section 217 in this bill effectively states that than 16,00o people have been killed in the budget.’’ Spoken plainly, this bill will destroy sanctions on Iran’s central bank would not be conflict and the violence has increased sub- the Iranian economy and further hurt the Ira- lifted unless there is regime change. It does stantially in the past few weeks. nian people that we claim to support. Iranians this by creating new requirements for the ter- This is why Title VII of this bill is necessary. are already suffering under stifling sanctions mination of sanctions that are dependent on It builds upon efforts to bring about a peaceful as they experience rising food prices and a the cessation of the Central Bank’s financing and swift resolution by lack of access to basic medicine. of the Revolutionary Guard. Section 205 im- (1) requiring the President to identify within For example, the sanctions against the Ira- poses new restrictions on the President’s abil- 90 days and impose sanctions on officials of nian banking sector have greatly diminished ity to waive certain sanctions. Collectively, the Syrian government or those acting on their the value of Iranian currency and have had a these provisions have moved the goal post behalf who are complicit in or responsible for negative effect on nearly every aspect of the from negotiations over Iran’s nuclear enrich- the commission of serious human rights lives of ordinary Iranians: the price of rent, ment program to regime change. The U.S. abuses against Syria’s citizens, regardless of education and bread have all increased. Rath- record on successful regime changes is not whether the abuses occurred in Syria; er than having the sanctions weaken the Ira- impressive. (2) imposing sanctions on anyone who nian regime, they are weakening the Iranian The National Iranian American Council has transfers equipment or technologies including people and their ability to make a living or pur- pointed out that this legislation ‘‘imposes col- weapons, rubber bullets, tear gas and other sue an education. lective punishment on the Iranian people by riot equipment, and jamming, monitoring and A recent publication by the International seeking to destroy the Iranian economy. The surveillance equipment which the President Civil Society Action Network (ICAN) quotes an goal is to bankrupt Iran, and cause hyper- determines are likely to be used by Syrian offi- Iranian women’s rights activist as saying that inflation by destroying the value of Iran’s cur- cials to commit human rights abuses, and ‘‘The international community’s sole focus on rency, the rial.’’ (3) imposing sanctions on anyone who en- the nuclear issue has resulted in the adoption If your goal is to punish the Iranian people, gages in censorship, or activities relating to of policies that greatly inflict damage on the undermine their brave efforts to push for de- censorship, in a manner that prohibits, limits, Iranian people, civil society and women. Mili- mocracy, and thwart our sensitive and critical or penalizes the legitimate exercise of freedom tarization of the environment will prompt re- negotiations, then support this bill. If not, I of expression by citizens of Syria. pressive state policies and the possibility of urge you to join me in opposing this legisla- Mr. Speaker, history has taught us that promoting reform in Iran will diminish.’’ tion. strong sanctions can bring about peaceful The report further highlights that the sanc- SYRIA SANCTIONS INCLUDED IN THIS LEGISLATION change. A generation ago, Congress passed tions this Congress pushed ‘‘directly affected This legislation also requires the President the Anti-Apartheid Act which led to the end of the availability of foreign-made medication and to impose sanctions on actors that are respon- the apartheid regime and brought about a other healthcare products including vitamins sible for or complicit in certain human rights peaceful revolution resulting in the new demo- for children and pregnant women. . . .’’ It abuses in Syria. cratic South Africa. points out that these sanctions are ‘‘doing the This legislation fails to acknowledge that the H.R. 1905 will help to refocus our efforts on most damage to those who are already vulner- United States and a number of our allies are appropriately addressing these critical issues. able—the urban poor.’’ actively participating in stoking the violence on Leaders in the Iranian and Syrian govern- Iranian-Americans are even facing discrimi- the ground, including through the arming and ments have shown repeatedly that they are nation here in the United States. Several Ira- support of Syrian rebel groups. Divisions and unwilling to comply with international de- nian-Americans were recently prevented from in-fighting within the various militias operating mands. buying an iPhone or other Apple products sim- on the ground are already occurring. If our For these reasons, Mr. Speaker, I strongly ply because of their ethnicity. Such discrimina- own intelligence agencies are unable to fully support H.R. 1905 and the Senate amend- tory treatment is emblematic of the unintended grasp what is transpiring on the ground in ments. I urge my colleagues to join me in vot- effects of sanctions. Syria, we can be sure that these targeted ing to pass this bill. sanctions will overlook other non-state actors Mr. KUCINICH. Mr. Speaker, I rise in oppo- UNDERMINING THE IRANIAN CIVIL SOCIETY that are participating in human rights abuses. sition to H.R. 1905, the Iran Threat Reduction These sanctions directly undermine Iran’s Recent reports also indicate that the insta- and Syria Human Rights Act of 2012. This is civil society by giving the regime an excuse to bility and chaos in Syria has opened the door yet another broad and indiscriminate sanctions crack down even harder on internal dissent. for fundamentalist groups to move in, including bill that will only serve to hurt ordinary Iranian These sanctions will ensure that this continues Al Qaeda. This threatens stability in the region people, undermine their democracy movement to happen. With many ordinary Iranians strug- as a whole and U.S. allies in the region, in- and further tie the hands of the President and gling to simply make ends meet under our cluding Israel. his team in their efforts to achieve a diplomatic sanctions regime, they cannot afford to or We can all agree that the violence in Syria resolution over its nuclear program. spend the time necessary participating in so- must end. But in order to do that, supporters Proponents of this bill believe that tightening cial movements which provide basic social on both sides of the conflict must cease pro- sanctions on Iran will bring us closer to a dip- services or to push for democratic change in viding either side with the tools to continue lomatic solution with Iran. We only need to their country. Are these the intended effects this bloody conflict. look to the latest round of failed talks to recog- we wish to have on the Iranian people or Ira- Mr. BLUMENAUER. Mr. Speaker, today, a nize that these sanctions achieved the exact nian-Americans? If not, passing another broad time of heightened tensions in U.S.-Iran rela- opposite response. U.S. negotiators lacked the and indiscriminate sanctions bill sends the tions, I voted for the Iran Threat Reduction flexibility they needed to secure Iranian con- wrong message. and Syria Human Rights Act of 2012, H.R. cessions through the freezing of certain sanc- If the sanctions the U.S. imposed on Iraq 1905, a balanced and serious approach to- tions. are any precedent, we know that sanctions wards ensuring Iran will never have nuclear I strongly support Section 604 of this bill are not an effective tool in promoting or sup- weapons. which makes clear that nothing in this bill shall porting domestic democracy movements. We Throughout my time in Congress, I have be construed as a declaration of war or an au- also know that those sanctions did not prevent firmly opposed the use of indiscriminate sanc- thorization of the use of force against Iran or an unnecessary and wasteful war with Iraq. tions as a blunt tool of foreign policy, one Syria. Yet this bill would further undermine In effect, the expansion of the broad and in- often more successful as political fodder than and thwart the most effective tool we have to discriminate sanctions included in this legisla- as leverage to effect positive change. ensure that the United States does not get tion hurts our ability to negotiate with Iran and The timing of previous Iran sanctions legis- sucked into a war with Iran: diplomacy. imposes long-term detrimental harm on the lation was damaging, undermining the admin- THE EFFECTS OF SANCTIONS ON ORDINARY IRANIAN Iranian people. It detracts from the real human istration in the midst of complex, delicate dis- PEOPLE rights abuses currently occurring in Iran by al- cussions with Iran. Today, the circumstances The Senate Banking Committee summa- lowing the regime to deflect blame on the have changed. Negotiations are stalled, and rized this bill by saying that it ‘‘aims to prevent United States and its allies. this legislation has been focused and toned-

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00056 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13111 down, making it an asset, not a liability, for the SECTION 1. SHORT TITLE. (2) by striking ‘‘$47,450’’ and all that fol- administration as it works to prevent a nu- This Act may be cited as the ‘‘Job Protec- lows through ‘‘2011’’ in subparagraph (B) and clear-armed Iran. tion and Recession Prevention Act of 2012’’. inserting ‘‘$50,600 in the case of taxable years A coherent and unified U.S. policy towards SEC. 2. EXTENSION OF 2001 AND 2003 TAX RELIEF. beginning in 2012 and $51,150 in the case of (a) EXTENSION OF 2001 TAX RELIEF.— taxable years beginning in 2013’’. Iran is the best way to strengthen diplomacy, (1) IN GENERAL.—Section 901 of the Eco- (b) EXTENSION OF ALTERNATIVE MINIMUM which remains the best, some say the only, nomic Growth and Tax Relief Reconciliation TAX RELIEF FOR NONREFUNDABLE PERSONAL way to prevent Iran from acquiring nuclear Act of 2001 is amended by striking ‘‘Decem- CREDITS.—Section 26(a)(2) of such Code is weapons. This revised legislation—based on ber 31, 2012’’ both places it appears and in- amended— input from a broad coalition, including the serting ‘‘December 31, 2013’’. (1) by striking ‘‘during 2000, 2001, 2002, 2003, White House—brings coherence and focused (2) EFFECTIVE DATE.—The amendments 2004, 2005, 2006, 2007, 2008, 2009, 2010, or 2011’’ pressure to the negotiating table. made by this section shall take effect as if and inserting ‘‘after 1999 and before 2014’’, included in the enactment of the Economic and OS EHTINEN I commend Chairwoman R L and Growth and Tax Relief Reconciliation Act of (2) by striking ‘‘2011’’ in the heading thereof Ranking Member BERMAN of the House For- 2001. and inserting ‘‘2013’’. eign Affairs Committee for producing a bill that (b) EXTENSION OF 2003 TAX RELIEF.— (c) EFFECTIVE DATE.—The amendments is based on policy, not politics. There were ex- (1) IN GENERAL.—Section 303 of the Jobs made by this section shall apply to taxable treme voices pushing to include some very and Growth Tax Relief Reconciliation Act of years beginning after December 31, 2011. harsh language that, for example, would have 2003 is amended by striking ‘‘December 31, SEC. 5. TREATMENT FOR PAYGO PURPOSES. made the few currently permitted humanitarian 2012’’ and inserting ‘‘December 31, 2013’’. The budgetary effects of this Act shall not (2) EFFECTIVE DATE.—The amendment be entered on either PAYGO scorecard main- transactions with Iranian financial institutions made by this section shall take effect as if tained pursuant to section 4(d) of the Statu- illegal. To the benefit of the U.S. and innocent included in the enactment of the Jobs and tory Pay-As-You-Go Act of 2010. Iranian civilians, these provisions were left out. Growth Tax Relief Reconciliation Act of The SPEAKER pro tempore. After 1 Another critical change to this legislation is 2003. hour of debate on the bill, it shall be in language that clarifies in the Act is not an au- SEC. 3. EXTENSION OF INCREASED SMALL BUSI- order to consider the amendment in thorization of the use of force against Iran or NESS EXPENSING. (a) DOLLAR LIMITATION.—Section 179(b)(1) the nature of a substitute printed in Syria. part B of House Report 112–641, if of- The resolution would provide the administra- of the Internal Revenue Code of 1986 is amended— fered by the gentleman from Michigan tion with additional leverage for their broader (1) by striking ‘‘and’’ at the end of subpara- (Mr. LEVIN) or his designee, which shall diplomatic effort. Sanctions are effective when graph (C), by redesignating subparagraph (D) be considered read and shall be sepa- it is clear that if concessions are made, the as subparagraph (E), and by inserting after rately debatable for 20 minutes equally other side has the ability to reciprocate by subparagraph (C) the following new subpara- divided and controlled by the pro- easing elements of the sanctions regime. This graph: ponent and an opponent. bill provides the administration with such flexi- ‘‘(D) $100,000 in the case of taxable years The gentleman from Michigan (Mr. beginning in 2013, and’’, and bility. CAMP) and the gentleman from Michi- In the midst of negotiations yet to yield (2) by striking ‘‘2012’’ in subparagraph (E) (as redesignated by paragraph (1)) and insert- gan (Mr. LEVIN) each will control 30 progress, focused sanctions that unite both ing ‘‘2013’’. minutes. Congress and the executive provides leverage (b) REDUCTION IN LIMITATION.—Section The Chair recognizes the gentleman that increases the likelihood of success, and 179(b)(2) of such Code is amended— from Michigan (Mr. CAMP). an alternative to military action, which our na- (1) by striking ‘‘and’’ at the end of subpara- GENERAL LEAVE tion can ill-afford and which I oppose. graph (C), by redesignating subparagraph (D) Mr. CAMP. Mr. Speaker, I ask unani- The SPEAKER pro tempore. The as subparagraph (E), and by inserting after subparagraph (C) the following new subpara- mous consent that all Members have 5 question is on the motion offered by legislative days in which to revise and the gentlewoman from Florida (Ms. graph: ‘‘(D) $400,000 in the case of taxable years extend their remarks and to include ex- ROS-LEHTINEN) that the House suspend beginning in 2013, and’’, and traneous material on H.R. 8. the rules and agree to the resolution, (2) by striking ‘‘2012’’ in subparagraph (E) The SPEAKER pro tempore. Is there H. Res. 750. (as redesignated by paragraph (1)) and insert- objection to the request of the gen- The question was taken. ing ‘‘2013’’. tleman from Michigan? The SPEAKER pro tempore. In the (c) APPLICATION OF INFLATION ADJUST- There was no objection. opinion of the Chair, two-thirds being MENT.—Section 179(b)(6)(A) of such Code is Mr. CAMP. Mr. Speaker, I yield my- in the affirmative, the ayes have it. amended— (1) by striking ‘‘calendar year 2012, the self such time as I may consume. Ms. ROS-LEHTINEN. Mr. Speaker, $125,000 and $500,000 amounts in paragraphs I rise today in support of H.R. 8, the on that I demand the yeas and nays. (1)(C) and (2)(C)’’ in the matter preceding Job Protection and Recession Preven- The yeas and nays were ordered. clause (i) and inserting ‘‘calendar year 2013, tion Act. In doing so, I and my fellow The SPEAKER pro tempore. Pursu- the $100,000 and $400,000 amounts in para- Republican House colleagues have ant to clause 8 of rule XX, further pro- graphs (1)(D) and (2)(D)’’, and made an important choice—the choice ceedings on this question will be post- (2) by striking ‘‘calendar year 2006’’ in to focus on job creation. Unfortu- poned. clause (ii) and inserting ‘‘calendar year nately, my colleagues on the other side 2002’’. of the aisle who oppose this important f (d) COMPUTER SOFTWARE.—Section 179(d)(1)(A)(ii) of such Code is amended by piece of legislation have made a dif- JOB PROTECTION AND RECESSION ferent choice—the choice to focus on PREVENTION ACT OF 2012 striking ‘‘2013’’ and inserting ‘‘2014’’. (e) SPECIAL RULE FOR REVOCATION OF ELEC- tax hikes that destroy jobs. Mr. CAMP. Mr. Speaker, pursuant to TIONS.—Section 179(c)(2) of such Code is The Job Protection and Recession House Resolution 747, I call up the bill amended by striking ‘‘2013’’ and inserting Prevention Act stops the tax hike we (H.R. 8) to extend certain tax relief ‘‘2014’’. face at the end of the year and provides (f) EFFECTIVE DATE.—The amendments provisions enacted in 2001 and 2003, and made by this section shall apply to taxable a 1-year extension of the low tax poli- for other purposes, and ask for its im- years beginning after December 31, 2012. cies originally enacted in 2001 and 2003 mediate consideration. SEC. 4. EXTENSION OF ALTERNATIVE MINIMUM and then extended again in 2010. The The Clerk read the title of the bill. TAX RELIEF FOR INDIVIDUALS. 2010 bill was supported by 85 current The SPEAKER pro tempore. Pursu- (a) EXTENSION OF INCREASED ALTERNATIVE House Democrats, 40 current Senate ant to House Resolution 747, the bill is MINIMUM TAX EXEMPTION AMOUNT.—Section Democrats, and President Obama. considered read. 55(d)(1) of the Internal Revenue Code of 1986 Importantly, this legislation allows The text of the bill is as follows: is amended— Congress time to pass and enact com- (1) by striking ‘‘$72,450’’ and all that fol- H.R. 8 lows through ‘‘2011’’ in subparagraph (A) and prehensive tax reform without causing Be it enacted by the Senate and House of Rep- inserting ‘‘$78,750 in the case of taxable years undue harm to our fragile economy. resentatives of the United States of America in beginning in 2012 and $79,850 in the case of Economists have noted that com- Congress assembled, taxable years beginning in 2013’’, and prehensive tax reform, when paired

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13112 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 with appropriate government spending forth for one second. Everyone in this Mr. CAMP. At this time, I yield 2 cuts, could lead to the creation of 1 body agrees that we should extend the minutes to the distinguished chairman million American jobs in the first year middle class tax cut. The Senate passed of the Health Subcommittee, the gen- alone. a bill that does just that. The Presi- tleman from California (Mr. HERGER). The choice Republicans have made is dent is ready to sign it this week. Mr. HERGER. Mr. Speaker, this to pass this bill, work toward com- House must act to stop the midnight b 1530 prehensive tax reform, and create jobs. tax hike that threatens to hit all In contrast, my Democrat colleagues The middle class families of this American taxpayers on December 31. have proposed raising taxes. They country need certainty, not some This midnight menace includes a 50 claim the tax hike will only affect the vague promises about something to be percent cut in the value of the child rich. What they don’t want to tell you done in the future. The question is: If tax credit, higher taxes on dividends is that, in reality, this tax hike will hit everybody agrees that we should con- for seniors living on fixed incomes, the nearly 1 million small businesses and tinue the middle class tax cut, why return of the infamous marriage pen- 53 percent of small business income. A don’t we come together? The answer is alty for working families, and the al- study conducted by Ernst & Young con- this: The Senate bill continues all of ternative minimum tax, ensnaring cluded that the Democrat tax hike the tax cuts for every American house- middle-income taxpayers. could lead to the loss of over 700,000 hold on their first $250,000 of income; An average family of four with an in- jobs. That is the choice the Democrats 114 million families would see their tax come of $50,000 could see a tax increase have made—to raise taxes on families cuts extended in full; 97 percent of of almost $2,200 a year. The President and small businesses and to destroy small businesses would keep all of their says he wants to stop the midnight tax jobs. tax cuts, according to the Joint Tax- hike for some taxpayers, but not all. As this chart illustrates, America is ation Committee. Why don’t the Re- He claims that he merely wants the at a crossroads. The question is: Which publicans join us in acting? wealthy to pay more. The truth is that path will our country take? The Demo- I think the answer is clear. This his tax increase proposal would espe- crats’ path includes tax hikes that will chart shows it. They’re insistent. Their cially hit small business owners. As cause small businesses to lose 700,000 priority is cutting taxes for the very someone who comes from a small busi- jobs. The Republicans’ tax reform path wealthy. They want to give households ness background myself, I understand will make the Tax Code simpler and that earn more than $1 million a year that many small businesses pay taxes fairer, and it will lead to the creation a tax cut on average of $160,000. This as individuals. Their income includes of more than 1 million jobs in the first chart shows it. What we have here for money that they reinvest in the busi- year. middle class families, $2,200; for the ness to expand and hire more workers. What is even worse is that, in their very wealthy, $160,000. That’s over 70 A big tax increase could harm the very quest to raise taxes on the so-called times more of a tax cut for million- businesses we are relying on to create ‘‘wealthy,’’ several of my Democrat aires than for typical families. What more jobs. In fact, a new study by colleagues have made it clear that they makes it worse, if possible, is it would Ernst & Young suggests that the Presi- are willing to hold low- and middle-in- add $49 billion to the deficit. dent’s tax proposal would cost more come Americans hostage by threat- This Republican bill also would raise than 700,000 American jobs. ening to let all income tax rates rise as taxes on 25 million families. Those who Mr. Speaker, what lane will you scheduled at the end of the year if they benefited from the EITC, the child tax choose? I urge the House to pass H.R. 8 don’t get their way. These massive and credit, and a higher education tax cred- and prevent a tax hike for all Ameri- imminent tax hikes are part of the fis- it, that they would eliminate alto- cans. cal cliff, or ‘‘jobs cliff’’ as I often refer gether. It’s still worse. The bill we’re Mr. LEVIN. Mr. Speaker, I yield my- to it, that we face at the end of this going to discuss tomorrow, the so- self 10 seconds. year. The nonpartisan Congressional called ‘‘tax reform,’’ essentially would When you look at Mr. HERGER’s dis- Budget Office estimates that going provide someone earning more than $1 trict, he’s standing up to protect 180 over the fiscal cliff could cost America million a $331,000 tax cut. people who have income over $1 mil- 2 million to 3 million jobs. This would This debate is not about tax reform. lion, sacrificing a middle-income tax be a devastating blow to almost 13 mil- It’s about whether or not we protect cut for 285,000. lion Americans who are unemployed, as the very wealthy at all costs—at all I now yield 2 minutes to the very dis- well as to middle class Americans who costs at the expense of middle-income tinguished former chairman and a gen- have been struggling in the Obama families, and everybody except the tleman from New York (Mr. RANGEL). economy. very wealthy. This talk about 700,000 Mr. RANGEL. Mr. Chairman, I’ve Mr. Speaker, the choice, to me, is ob- jobs being lost, that study was financed never been so fortunate in this House vious. Let’s pass this bill. Let’s work by special interest friends, and it’s to have the Republicans state the argu- toward comprehensive tax reform that been discredited by every fact checker. ment as clearly as they have this after- creates a simpler, fairer Tax Code for They’re talking about 70 times more noon, and I think WALLY HERGER said all Americans and, most importantly, for the millionaire than for middle-in- it. It is possible that we’re not talking that creates the jobs that we so badly come families on average, when in 2010, about a tax cut. People working every need. 93 percent of income growth went to day trying to make ends meet, they I urge my colleagues on the other the top 1 percent of wealthy house- don’t know the wonderful tax cut that side of the aisle to reconsider their holds. And they come here and say that they are enjoying, but you bet your life choice to increase taxes and destroy their first priority is protecting the if we don’t come together, if we don’t over 700,000 jobs. Now is not the time to very wealthy. reach agreement, they’ll understand dig the hole we are in any deeper. In- This isn’t about tax reform. We need what a tax hike is. That’s exactly stead, Democrats should take the ad- to work on this. This is about whether what’s going to happen to 98 percent of vice of people like President Bill Clin- the first priority of the Republicans is the tax-paying people of this great ton and former economic adviser to protecting the very wealthy, holding country. President Obama, Larry Summers, and hostage middle-income families. Let Taxpayers, who work every day, who join Republicans to stop the tax hike, the middle-income family hostages be raise their families, who buy from the work to strengthen our economy, and released. Join together for what every- local merchants that keep small busi- get our country back on track. body says they’re for. Let’s pass today ness alive, are going to find out, prob- I reserve the balance of my time. our substitute and give a middle-in- ably too late, that the Republican Mr. LEVIN. Mr. Speaker, I yield my- come tax cut to everybody, including Party says you don’t deserve the lower self such time as I may consume. 97 percent of small businesses. tax rate. Then they may ask: What’s There is a choice to be made here, With that, I reserve the balance of holding this up if everyone agrees that and it isn’t what the chairman has put my time. they should have it?

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13113 We’re going to have to explain to the that are looking for jobs right now, Mr. In fact, the Obama administration— middle class what the Republicans are Speaker, according to Ernst & Young after the first few months when it was explaining to us: that somehow we are and others that have looked at this. in office and could be credited with re- to believe that less than 2 percent of Some estimates are that it would cost sponsibility for the economy—has pro- the population is creating the jobs and 700,000 jobs. duced more private sector jobs than really supporting the economy. I don’t Now, I know nobody that is willing to the entire Bush administration in 8 know where they’ve been or how say, You know what? We’ve just got years. The job loss that’s gone negative they’re going to come back, but they too many jobs. Let’s just thin the herd. has been slashing in the public sector, haven’t been creating jobs, and they There are too many people working. primarily teachers and firefighters and haven’t been spending and investing Let’s thin the herd. There are too police officers at the State and local money. Even if there was a con- many people working. And let’s do it levels. troversy, why the heck are we holding because of Democratic dogma. Mr. Speaker, the strategy here is to hostage 98 percent of the people? We have got leading Democrats on continue punting. My Republican If Republicans agree and Democrats the other side of the rotunda who have friends are punting on the farm bill. agree and liberals and conservatives said, Let’s embrace the fiscal cliff. My Republican friends are punting on and even Tea Party people agree that Let’s just grab onto the dogma and go SGR. They are now proposing a budget these people who work hard every day right off the cliff, regardless of the out- solution that gets us past the election should continue to have this tax cut, come. because they can’t face up to their own then why the heck don’t we agree to Well, you know what? That’s ridicu- Tea Party extremists, and they’re give it to them? If it ever becomes that lous. split. we’re in a political debate, and it’s And we have an opportunity here to The SPEAKER pro tempore. The only about less than 2 percent of 100 make some certainty to move to the time of the gentleman has expired. percent, then let’s fight like the devil next year—not to move to the next Mr. LEVIN. I yield the gentleman an over that and see who prevails. But it’s year just for the sake of another year, additional 15 seconds. not going to be hard for us to explain but to move to next year to fundamen- Mr. BLUMENAUER. That’s what is this. If you do this to the hardworking tally reform our tax system, to create at stake here. American people, shame on you. a more competitive Tax Code that is I would suggest that we take what we broad and fair and wise and well ought to be able to agree on, the 98 per- b 1540 thought out and that does what—that cent of this tax reduction, agree on Mr. CAMP. I yield 3 minutes to the creates the most competitive Tax Code that, not punt, give some real cer- gentleman from Illinois (Mr. ROSKAM), in the world right here in the United tainty, and then have an honest debate a distinguished member of the Ways States. Mr. Speaker, it could be great. about their proposal to increase taxes and Means Committee. We could have a great Tax Code, but on the middle class at the expense of Mr. ROSKAM. I thank the gentleman what we’ve got to do is create a year of being able to provide for the richest of for yielding. certainty to move forward. Americans. Let’s have that debate. I would like to pause and just listen I urge passage of this. Let’s not hold people hostage in the and think through a couple of the argu- Mr. LEVIN. I yield myself 15 seconds. short term. ments that we’ve been hearing over the You know, it’s ironical that the gen- Mr. CAMP. At this time, Mr. Speak- past couple of weeks from our friends tleman from Illinois minimizes adding er, I yield 2 minutes to the gentleman on the other side of the aisle and from $50 billion to the deficit over 10 years, from Texas (Mr. BRADY), the distin- the President of the United States, and if continued, which is your policy, con- guished chairman of the Trade Sub- one is that people should pay their fair tinued the high income. A trillion dol- committee. share. Now, that’s an interesting argu- lars, that’s something you just shrug Mr. BRADY of Texas. Mr. Speaker, I ment, Mr. Speaker, and let’s look at your shoulders at? appreciate Chairman CAMP’s leadership that a little bit closer. I now yield 2 minutes to the gen- on this important jobs issue. So, if the President’s will were to tleman from Oregon, EARL BLU- For America, this recovery is the prevail on this, in other words, if this MENAUER, another distinguished mem- weakest since World War II. It’s dead tax hike goes into place, then the top ber of our committee. last. Millions of Americans can’t find tax rate for some small businesses Mr. BLUMENAUER. It is an inter- work. Millions of Americans have would be over 44 percent. Now, contrast esting question: Which lane are we given up looking for work. Businesses that to the top tax rate that President going to choose? along Main Street are struggling. Busi- Obama is proposing, which would be 28 The study that has been offered by ness confidence is down. Consumer con- percent. our friends on the other side of the fidence is down. This economy is not All afternoon you are going to hear a aisle is bogus, and I invite people to ac- working, but yet the President has a lot of things go back and forth, but you tually look at it and look at the cri- plan. He gave it to us a couple of weeks won’t hear anyone contradict those tiques that have been offered up. ago. He said, I want to raise taxes on numbers and that disparity, Mr. Speak- But we’ve had a real-life experiment small businesses and professionals. er, because they are true. There is no because these tax rates that are being But here is the cost in real terms for sense in telling corporations, You get a talked about were exactly what we had our economy: 700,000 more Americans 28 percent rate, and the top rate for in the Clinton years, at which time will be kicked to the unemployment small business is 44 percent. There’s some of our good friends on the other line; the economy will grow slower, in nothing fair about that. side of the aisle predicted calamity, job fact, it will shrink; paychecks will All right. Well, let’s look at another loss, and that the economy would shrink; there will be less investment in argument. crash. What, in fact, happened is that America. Another argument is that this some- we created 22 million jobs. What kind of plan is that for a recov- how closes a budget gap and this is def- What has happened is that, when ery? icit reduction, and we’re all about def- they had a chance to experiment with And also, seniors are going to write icit reduction and let’s have at it. Well, their vision in the Bush years, where more checks in capital gains and divi- a little secret on the deficit reduction they put in place these tax reductions, dends to Uncle Sam, the dividends they is, at best, the most generous estimate if they would have worked, what would live on. Small businesses will be able is this would take care of—what?— have happened? Did employment even to expand less often because of this. maybe 7, 8, 9, 10 days of spending, match what happened in the Clinton Republicans think there is a different maybe. But who would pay the cost for years? No. In fact, it was less than 5 choice for America’s economy. We that? I’ll tell you who pays the cost for percent of what happened in the 8 years want to stop the tax hikes. We want to that. The job creators and the people of Bill Clinton. grow this economy by 1 million new

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13114 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 jobs. We want to make sure that when The SPEAKER pro tempore. The truly going to make America more you, as a senior, save your whole life, time of the gentleman has expired. competitive. Put more Americans back you invest in dividends in a home and Mr. LEVIN. I yield the gentleman an to work. And bring some of those jobs land, that you keep it to survive in additional 15 seconds. that have been shipped overseas back your retirement years. We want to Mr. PASCRELL. To those Members home. We all know that we need to re- make sure the death tax doesn’t come concerned with tax fairness: today, vise our Tax Code and reform it from back to life. wealth concentrated with the top 1 per- top to bottom. But that’s not going to Think about this: You work your cent is at the same level as the period happen overnight. So extending all of whole life to build a family-owned farm immediately preceding the Great De- these rates for 1 year will provide cer- or business, and when you die, Uncle pression. So you shrunk the middle tainty. Certainty for whom? Certainty Sam swoops in and takes more than class with your great economic ideas for small business owners, people who half of everything you’ve worked a life- between 2001 and 2008, and what you did can make decisions about what they time to earn. was made the rich richer. I salute you want to invest in terms of new plant, That’s the choice between the Repub- if that’s what you think America is new equipment, whether they want to lican plan to stop the tax hikes and about. We are all job creators, not just hire new employees. This is the most grow this economy and the President’s the rich. commonsense thing that we can do, plan to raise taxes and hurt this econ- Mr. CAMP. At this time, Mr. Speak- and there’s no reason that we omy. It is a clear choice. The House is er, I yield 1 minute to the distin- shouldn’t. going to act. And more importantly, guished gentleman from Ohio (Mr. When we look at the proposal coming we’re going to make sure America has BOEHNER), the Speaker of the House. from our colleagues across the aisle, it the best tax system in the world again Mr. BOEHNER. I thank my friend for raises taxes on dividends. Probably not so that we can compete and win so that yielding, and remind my colleagues a smart thing to do. When you look at our kids and grandkids have the oppor- that for the last 18 months when we’ve senior citizens, many of them who de- tunity for the strongest economy in been in the majority, we have focused pend on their dividend income, they’re the world. It’s a clear choice. on jobs. Now, the American people are going to get whacked by your proposal. Mr. LEVIN. I now yield 2 minutes to still asking the question: where are the And under your proposal, not only do the gentleman from the great State of jobs? And that’s why we’ve got over 30 we tax small business people, but, oh, New Jersey (Mr. PASCRELL), another jobs bills now pending over in the yeah, the death tax comes back in full member of our committee. United States Senate. And after today, force because it fails to address one of Mr. PASCRELL. I thank the ranking we’ll have another bill sitting over in the most penalizing parts of our Tax member. the Senate that will help create more Mr. Speaker, this bill makes it as Code. jobs in America. I believe that the proposal that my clear as day just what the priorities of Two years ago, the President said we colleague Mr. CAMP and his committee the majority are. Instead of working shouldn’t raise taxes in this time of a have brought forward is a reasonable, with us to shift the tax burden away slow economy. I agreed with the Presi- responsible approach, and I would urge from the middle class—who haven’t dent. The Congress agreed with the its passage. gotten a raise in a long time—and President. All of the Republicans and Mr. LEVIN. I yield myself 15 seconds. small businesses, this bill does the 119 Democrats voted to extend all of Look, no one here should distort the exact opposite. the current tax rates. And here we are facts. From Joint Tax: 97 percent of And for you to continue to say that some 18 months later, economic growth small business people would keep all of this is going to be a burden across the is actually slower than it was when their tax cuts. And in the Speaker’s board on small businesses is delusional. President Obama made those remarks, district, there are 144 people with in- Ninety-seven percent of small busi- and yet the President wants to go out come over a million, compared to the nesses won’t be affected by our bill. To the antitax crusaders, this bill and raise the taxes on the so-called 300,000-plus. He’s sacrificing the middle will raise taxes on the middle class— rich. class for a few with over a million dol- Well, let me tell you who the so- your bill—and working poor—your lars. called rich are. About a million of bill—by an average of $1,000. In New I now have the pleasure of yielding 2 those people who you want to increase Jersey, this bill will make 3.2 million minutes to the very distinguished gen- taxes on are small business owners, middle class and working poor families tleman from South Carolina (Mr. CLY- small business owners who pay their pay more taxes so that 231,400 million- BURN). business taxes through their personal Mr. CLYBURN. Mr. Speaker, I thank aires can get a bigger tax cut. tax return. I know all about this. I used Mr. LEVIN for yielding me this time, b 1550 to be one of them. I had a subchapter S and for his leadership on this very im- It’s as simple as that. You can shake corporation, and whatever the com- portant issue, and I rise in strong oppo- your head all you want; those are the pany’s so-called profits were, I had to sition to this legislation. facts. This bill would add almost $1 pay taxes on those, whether I actually South Carolina, my home State, is trillion more to the deficit than the got the money or not. home to many military installations— Democratic bill. My Lord, I don’t hear So when you look at what the Presi- Fort Jackson in Columbia; Shaw Air you talk about that. I don’t hear you dent wants to do, you want to tax a Force Base and the 3rd Army Head- say that. I wonder why? Just so that 0.3 million small business owners. Ernst & quarters in Sumter; the Joint Air Base percent of the taxpayers can get an av- Young has come out and made it clear in Charleston; Parris Island; and the erage tax cut of over $74,000? that if you do this, 750,000 jobs are Marine Air Station in Beaufort. I At least the last time the Repub- going to be destroyed, at a time when proudly work to represent these mili- licans took this shortsighted, trickle- the American people are asking: where tary communities, and I oppose H.R. 8 down approach, we had a $5.6 trillion are the jobs? because of the hurt it would visit upon surplus, thanks to Bill Clinton. In 2008, It’s time to put the rhetoric aside. middle-income and military families. we were $11 trillion, over $11 trillion in It’s time to put the politics aside. I A new report out today by the Center debt. We quite simply can’t afford to know we’re in an election year, but my for American Progress documents the gives millionaires another tax break goodness, raising taxes at this point in harsh impact that H.R. 8 would have on and make our children and our grand- this economy is a very big mistake. Ex- many military families. For example, a children foot the bill. tend all of the current tax rates, which private in the United States Army in The proof is in the pudding. In 2000, our bill does, for 1 year, so we’ve got his first year of service who is married when we first tried this supply side time to revise our Tax Code. Lower with an infant child would have a $273 voodoo, unemployment was 4.2 percent. rates, fairer rates for all Americans, increase under H.R. 8. That’s real By 2008, it had doubled. which is what needs to happen if we’re money to a young soldier.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13115 A marine corporal with 4 years of Mr. Speaker, this administration publicans’ Tax Hike on Our Heroes service who is married with two chil- continues its assault on the American Act? Are you going to stand with your dren would see a tax increase of $448 family and American businesses with military family constituents or with under H.R. 8. That family is already its tax-and-spend policies. Our country the 2 percent? struggling to make ends meet. can’t afford it. Certainly, America’s The SPEAKER pro tempore. The And finally, Mr. Speaker, a military families and businesses can’t afford it. time of the gentleman has expired. police sergeant in the Air Force with 8 What we need is this: a 1-year exten- Mr. LEVIN. I yield the gentleman an years service, a spouse, and three sion to allow us to move forward with additional 15 seconds. young children would get a whopping a real comprehensive approach to tax Mr. CROWLEY. How are my col- tax increase of $1,118 under H.R. 8. reform. leagues who represent Fort Dix in New Mr. Speaker, these are just three ex- We have a real opportunity to do Jersey going to vote on the Repub- amples of how the Republican bill what’s right for America, to promote licans’ Tax on Our Heroes Act? My col- would negatively impact our military American competitiveness. This is the leagues who represent Fort Bragg in families. The Senate has passed a mid- moment. Let’s seize it. Let’s do it. We North Carolina? Fort Detrick in Mary- dle class tax cut, and the President has need to take this step today to get us land? Fort Monroe in Virginia? Rock told us he will sign it. The only thing where we can move to that next step, Island Arsenal in Illinois? Beale Air standing between the middle income that next point. Force Base in California? and their tax cut is the Republican So I urge my colleagues on both sides Today, the choice is clear. Stand leadership in this House. of the aisle, let’s quit dilly-dallying with Democrats and the President who Mr. Speaker, it is time that we come around with this. Let’s show some have put forward a plan that simply together and extend to the middle class leadership for the American people. asks America’s wealthiest to support in this society an income tax cut that They want us to step up and be leaders this great land. is fair, that will create jobs, that will and solve these problems. Let’s step up Mr. CAMP. At this time, I yield 1 offer security to families and stability and be leaders. Let’s extend these pro- minute to a distinguished member of to communities. I urge a vote against visions and move forward with a 21st the Ways and Means Committee, the this bill. century Tax Code. gentleman from Minnesota (Mr. PAUL- b 1600 Mr. LEVIN. I now yield 2 minutes to SEN). Mr. CAMP. I yield myself 15 seconds. the very distinguished member of our Mr. PAULSEN. Mr. Speaker, I thank I would just say that the gentleman’s committee, Mr. CROWLEY, from the the chairman for yielding. remarks refer to the stimulus bill, a great State of New York. Mr. Speaker, last week, I took part failed stimulus bill that was promised Mr. CROWLEY. I thank my good in a roundtable conversation in my dis- to create unemployment of under 8 per- friend from Michigan for yielding me trict with over 20 small business lead- cent. Frankly, it’s never been there. this time. ers. They discussed the devastating im- For 40 months, we’ve been over 8 per- I rise in strong opposition to H.R. 8. pact that these looming tax hikes cent. These are spending items that The reason I oppose this bill is because would have on job creation, not only were failed, that failed in the stimulus this bill will impose taxes on hundreds across the country, but in Minnesota. program. That program did not work. of thousands of U.S. military families, The sentiment that was echoed At this time, I yield 2 minutes to the our heroes. That’s right, of the mil- throughout that entire conversation distinguished member of the Ways and lions facing a tax hike, hundreds of was that Washington should not be Means Committee, the gentleman from thousands are U.S. military families. raising taxes when our economy is still Louisiana, Dr. BOUSTANY. Let’s call this bill what it is, the ‘‘Re- struggling to recover. Mr. BOUSTANY. Mr. Speaker, I rise publicans’ Tax Hike on Our Heroes These job creators understand all too in support of this very important legis- Act.’’ well what our country is facing as we lation. Now, I know those on the other side approach, on January 1, this tax cliff, The administration and congres- of the aisle will come down here one by this fiscal cliff and this jobs cliff. The sional Democrats seek to raise taxes on one and claim they are extending tax message from all of these entre- America’s families, small businesses, cuts for everyone, but you’re extending preneurs was simple: Job creators and and job creators. There’s a very clear cuts for people earning over $1 million business leaders alike were saying, choice here: either we can let small a year and raising taxes on families very directly, stop the tax hike. business owners, the job creators, earning under $45,000 a year. This bill Studies have shown that this loom- America’s entrepreneurs, create jobs, scales back tax breaks put in place by ing tax hike would negatively impact or we can follow the path they’re advo- President Obama and directly aimed at half of all small business income, a loss cating over here and tax small busi- benefiting working families. of 700,000 jobs, potentially, and 14,500 of nesses. Let’s take a moment to put a face on those jobs are in my home State of I stand in strong support of creating the 25 million Americans whose taxes Minnesota, Mr. Speaker. But if we ex- American jobs. Over 940,000 business will go up, including hundreds of thou- tend these rates and we move toward owners will see higher taxes if the sands of U.S. military families. tax reform, we can have a positive im- President and Washington Democrats If you’re an Air Force Staff Sergeant pact on our economy of 1 million new are allowed to raise the top two rates. with 8 years of service, a spouse and jobs. This means over half—over half—of our three young children here stateside at Mr. Speaker, the choice is clear. With Nation’s small businesses will see high- home, the Republicans’ Tax Hike on the national unemployment rate of er taxes at a cost of over 700,000 fewer Our Heroes Act will raise their taxes over 8 percent for 41 consecutive jobs for Americans—over 700,000 fewer by $1,100. A new recruit, a private in months, we must stop the tax hike. jobs for Americans. the U.S. Army in their first year of Mr. LEVIN. I yield myself 15 seconds. Allowing these tax cuts to expire will service earning a little over $18,000 a Look, I want to repeat, Joint Tax hurt middle class families. If we pass year—$18,000 a year, men and women says 97 percent of small businesses this, the average taxpayer in my State on the front line defending our free- would keep all of their tax cuts. And in of Louisiana will see tax relief of al- dom—if they’re married with an infant Mr. PAULSEN’s district, there are 1,345 most, on the average, about $1,800. The child at home, they will see an increase people with income over 1 million com- average family of four earning $50,000 under this bill of $273, a tax increase pared with over 325,000 households. per year can face tax increases of over under the Republicans’ Tax Hike on That’s the equation at stake here. $2,200 per family if these cuts expire. A Our Heroes Act. That’s the equation. single parent earning $36,000 per year It begs the question, how are my col- I now have a real pleasure to yield 2 could see tax increases of $1,100 if these leagues who represent Fort Hamilton minutes to the very active gentleman provisions expire. in Brooklyn going to vote on the Re- from Massachusetts (Mr. NEAL).

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13116 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Mr. NEAL. There’s one indisputable tection and Recession Prevention Act Mr. BECERRA. Mr. Speaker, when fact in this debate today, and that is of 2012. the Wall Street banking crisis of 2008 that the Bush tax cuts used borrowed Businesses in my district in Texas hit, causing the worst recession since money. and across the country are reluctant to the Great Depression, it was the middle How much sense did that make to hire and make investments due to an class that took it on the chin. More borrow the money to give tax cuts to uncertain economy and an impasse than 8 million Americans lost their job the wealthiest people in America, the over taxes. This bill is a thoughtful through no fault of their own. And as top 2 percent? The argument at the step to bolster our economy and bridge millions of Americans were losing their time was simple, that we should give the gap to tax simplification. This bill jobs and their homes, the big banks re- tax cuts to the people at the top be- provides a serious game plan and a ceived bailouts and CEOs continued to cause they create jobs for the people in timetable that shows the American receive million-dollar payouts. the middle and at the bottom. Fact: economy how to move forward. While too many middle class Ameri- the slowest economic growth at any If we don’t act, the looming tax hike cans are still out looking for work, this time since Herbert Hoover was Presi- could destroy an estimated 700,000 jobs, Congress is voting again to give over dent of the United States. according to an Ernst & Young study. $160,000 a year in tax breaks to the The argument, or the assault on the And it’s no surprise, then, that the In- richest 2 percent of Americans while Clinton Presidency was that he raised stitute of International Finance said the average American will be lucky to taxes of the top bracket, 39.6 percent— there was a strong case to extend lower get about one-100th or maybe two- 22 million jobs; the greatest economic Bush-era taxes due to expire at the end 100ths of that. Can anyone in this growth spurt in the history of America; of the year in order to avert a fiscal Chamber blame the middle class for a reminder to our friends, an unem- cliff. thinking the system is rigged against ployment rate of 3.8 percent. I’m proud to support—and urge my them? So borrow the money during the colleagues to support—this bill that Mr. Speaker, we all admire financial Bush years for tax cuts so that we can helps U.S. job creators and gives busi- success, but when we give away tril- give the wealthy—and, my goodness, nesses more confidence to put Ameri- lions in tax cuts that we cannot afford what a ride they’ve had for these 12 cans and Texans back to work. to those who need them the least, it’s years. It is unbelievable when you look Mr. LEVIN. Could the Speaker indi- the middle class who has to make up at what those rate cuts did to people at cate how much time there is on each the difference. To pay for these tax the top. side? cuts, our Republican colleagues have We have a responsibility here to pro- The SPEAKER pro tempore. The gen- voted to end Medicare and would force tect the middle class from a big tax tleman from Michigan (Mr. LEVIN) has seniors to pay $6,400 more for their own hike next year. Last week, the Senate 11 minutes remaining. The gentleman care. On top of that, Republicans pro- passed a bill that would extend tax 3 from Michigan (Mr. CAMP) has 13 ⁄4 pose changing Social Security, slash- cuts for 98 percent of the American minutes remaining. ing its budget by over $800 million. It’s people, the middle class, and now it’s Mr. LEVIN. I reserve the balance of an ideological agenda that chooses mil- up to the House to provide some cer- my time. lionaires over the middle class. Reg- tainty to the middle class that their Mr. CAMP. Mr. Speaker, at this time ular folks pay more so that folks like taxes are not going to go up next year. I yield 2 minutes to a distinguished Donald Trump and Mitt Romney can But instead of doing so, what are we member of the Ways and Means Com- get yet another tax break. doing today, once again? We are having mittee, the gentleman from Nebraska Einstein is credited with saying that an argument about what to do for that (Mr. SMITH). the definition of insanity is doing the top 2 percent of income earners in Mr. SMITH of Nebraska. Mr. Speak- same thing over and over again and ex- America whom our Republican friends er, I rise in favor of the bill that we are pecting different results. Eleven years can never seem to do quite enough for. facing here today. It’s been an inter- after the Bush tax breaks became law Even more troubling, this tax pack- esting debate that we’ve had now for and drove us deeper into deficits, let’s age ends President Obama’s tax cuts some time. not repeat these mistakes. Rather than that make college more affordable and I learn a lot traveling around my dis- having these debates about whether help working families with children. So trict, but it was especially compelling the richest 2 percent of Americans de- not only are we attempting, with their when I was at a manufacturing plant, serve extra breaks, we should stand package today and proposal, to hold less than 40 employees, and they told with the middle class. the middle class hostage to extending me—unprovoked—they said the estate Mr. Speaker, this should be an all- tax cuts for the wealthiest, but they tax going up to 55 percent would dev- hands-on-deck moment. America works want to raise taxes on 25 million fami- astate their business. Those were their best when the middle class in America lies, with an average increase of $1,000. words, ‘‘devastate their business.’’ It’s is working. Let’s start talking about The SPEAKER pro tempore. The not just farmers and ranchers that how we can get all Americans back to time of the gentleman has expired. would pay the estate tax, it would also work and strengthen our economy. Mr. LEVIN. I yield the gentleman an be small businesses—and very thriving I urge my colleagues to reject this additional 15 seconds. small businesses who put people to Mr. NEAL. We need to extend the bill and support the Democratic alter- work, who provide benefits, health child tax credit and the earned income native, which is focused on the middle care, and otherwise. tax credit, and that’s what we should class. Truly, the 35 percent rate is a com- Mr. CAMP. At this time I yield my- be doing today for middle income promise. I would prefer to see no estate self 15 seconds. Americans and provide them with some tax, given the fact that it is double We have a note here from Stan’s Two sense of security and support. And, my God, can we do any more to taxation—and certainly 55 percent is from Rowland Heights, California, a help the wealthy in America than what what many folks would consider confis- small business. They were asked: How our Republican friends have done? catory in nature. So I rise in favor of would increased taxes impact your the bill that we are debating here business? ‘‘Less hiring, more struggle b 1610 today. I think that it is better policy— to pay for expenses and payroll.’’ If Mr. CAMP. At this time I yield 1 certainly better for our economy that rates were allowed to increase, would minute to a distinguished member of we would not raise taxes on the Amer- that affect your ability to hire new em- the Ways and Means Committee, the ican people. ployees? ‘‘Absolutely. We’ve done noth- gentleman from Texas (Mr. MARCH- Mr. LEVIN. I now yield 2 minutes to ing except cut staff for 4 years now. A ANT). another distinguished member of our tax increase could spell disaster.’’ Mr. MARCHANT. Mr. Speaker, I rise committee, the gentleman from Cali- At this time I yield 3 minutes to a today in strong support of the Job Pro- fornia (Mr. BECERRA). distinguished member of the Ways and

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13117 Means Committee, the gentleman from thousands of Texas families in order to same failed leadership that has given Washington (Mr. REICHERT). provide more tax breaks for a privi- us the weakest economic recovery Mr. REICHERT. I thank the gen- leged few. Republicans would hike the since the Great Depression. tleman for yielding. taxes by almost $500 for a married ma- Democrats think that we are just one Mr. Speaker, most Americans think rine corporal with 4 years of service more tax increase away from pros- that the economy is moving in the and two children living in Schertz. perity. But when has a nation ever wrong direction. And most of them b 1620 taxed its way to prosperity? Prosperity think it’s Congress’ fault, and that is built by the American people, not we’ve not done enough to help them That’s wrong. Nor is this the time for the government. American entre- take care of their families and give Republicans to tax opportunity. A sin- preneurs and small business owners are them financial security. They don’t gle mom, working as a nurse, helping a the lifeblood of our American Dream, want political rhetoric today. They daughter attend the Alamo Colleges or and they’re the backbone of our econ- don’t care who’s wrong or who’s right. Texas State or ACC, would be denied omy. They want to know what we’re doing the $2,500 higher education tax credit It is clear that we must stop this tax now, what we’re doing today to make that I authored, all of this, in the very hike and reform our broken Tax Code buying groceries and gas and paying same bill that would give a Republican to revive our struggling economy and the electric bill affordable. who earns $1 million a tax cut that is keep the American Dream alive. Mr. Speaker, if we don’t act, a family larger than that marine or that nurse Mr. LEVIN. It is now my pleasure to of four that earns $50,000 a year will will earn in an entire year. yield 2 minutes to the gentleman from have an increase in their taxes of $2,200 If there were an Olympic medal out Maryland (Mr. VAN HOLLEN), our rank- every year. That’s real money, Mr. there for protecting those sitting atop ing member on the Budget Committee. Speaker. That’s the difference between the economic ladder at the expense of Mr. VAN HOLLEN. Mr. Speaker, it’s buying an extra box of Cheerios and those trying to get a foothold on one of very important everyone understand paying the gas bill and saving for col- the first rungs, these Republicans the choice that’s facing the House lege. And for the job creators, the would have no competition for going today. The Democrats will offer an mood is even worse. for the gold. amendment that will immediately ex- We all know that small businesses Nor has this trickle-down Republican tend tax relief to 100 percent of Amer- create jobs—every one of us in this approach grown our jobs and our econ- ican people. The Senate has already House knows small businesses create omy. Extending tax breaks for those at passed that proposal; and if our Repub- jobs—but the Democrats would raise the very top, it was done in 2010, over lican colleagues vote for it today, we taxes on them, killing 700,000 jobs. I my objection; it hasn’t grown jobs in can send it down to the White House, refuse to raise taxes on small busi- the past year anymore than it helped the President will sign it today. nesses while they struggle to bring our to avoid the Bush/Cheney recession. Someone asked what we’re going to country out of this recession. I refuse And as for this much ballyhooed do today. We could provide immediate to destroy over 700,000 jobs that sup- Ernst & Young report, it was bought tax relief to 98 percent of the American port families who need and want bread- and paid for by the same millionaires people. winners, not handouts. that would get a tax break bigger than Now, let’s be clear. The Democratic We must ask ourselves every day: what the nurse or the marine earns all proposal provides tax relief to every- What else can we do for these families? of next year, along with a few large body up to $250,000. What our Repub- We can offer them some long-term se- corporations who paid for the report. It lican colleagues are saying is they will curity so that when they die, their is not credible. deny tax relief to 98 percent of the families, their farms, and their small It is not just to see many Americans American people, unless people making businesses will survive and thrive. But pay higher taxes in order to help the over $250,000 get a bonus, an extra tax tax increases don’t even stop when you few gain even more tax breaks. cut. In other words, unless the top 2 die. If we do nothing, the death tax in- Mr. CAMP. I yield 3 minutes to the percent get an extra tax cut, nobody creases to 55 percent. We pay tax when gentlewoman from Tennessee (Mrs. else gets anything. we earn the income; we pay when we BLACK), a distinguished member of the It gets worse. We’ve heard a lot of invest our income; and we pay again Ways and Means Committee, talk here about small businesses, that when we leave it to our kids. You want Mrs. BLACK. Mr. Speaker, you know, we need to adopt the Republican plan to talk about a fair Tax Code, Mr. when nearly 23 million Americans are in order to support small businesses. Speaker? So today, I’m voting for a struggling to find full-time employ- It’s just not true. clear path forward. ment, President Obama and his Demo- The Democratic proposal, according After 41 months of unemployment crat allies seem to think that now is to the nonpartisan Independent Joint above 8 percent, we must stop the tax the time to raise taxes on small busi- Tax Committee, provides tax relief to hike. I’m committed to tax reform that nesses. 97 percent of the businesses that we’re will create jobs, grow our economy, And the President may be satisfied talking about here. In fact, they point and support families. I am voting today with an 8 percent or more unemploy- out that the other 3 percent of busi- for working families, for small busi- ment rate for 41 straight months, but nesses include about 20,000 pass- nesses, for entrepreneurs, and for fam- I’m not and, more importantly, the through businesses that make over $50 ily farms, Mr. Speaker. This bill puts American people are not. The Amer- million a year. America back on the right track. ican people don’t need to settle for a Now, they may be good businesses, Mr. LEVIN. Could you tell us, please, country with fewer and fewer opportu- but these are not mom-and-pop busi- again how much time there is remain- nities and a diminished future. nesses. The language we’re hearing ing? So the House today will vote to stop from our Republican colleagues would The SPEAKER pro tempore. The gen- the tax hike for all taxpayers, and to- use small businesses as a cover to pro- tleman from Michigan (Mr. LEVIN) has morrow we will vote to move forward viding breaks for firms like Fortune 100 9 minutes remaining. The gentleman with a comprehensive tax reform. This Pipeline Company Enterprise Products from Michigan (Mr. CAMP) has 93⁄4 min- is a critical step in providing the cer- Partners; PricewaterhouseCoopers, utes remaining. tainty that our small businesses des- good business, not a mom-and-pop; Mr. LEVIN. I now yield 2 minutes to perately need to grow and create jobs. KKR Investment Banking; and guess another active member of our com- Now, the Democrats’ proposal to what, Bain Capital, Bain Capital, the mittee, the gentleman from Texas (Mr. raise taxes on nearly 1 million small kind of small business that our Repub- DOGGETT). businesses will cost more than 700,000 lican colleagues are trying to protect. Mr. DOGGETT. Now is not the time jobs, and they have not even offered a This is all really in service to the to let the Republicans raise taxes on plan on tax reform. This is more of the trickle-down ideology. We tried it in

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13118 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 the Bush administration. At the end of that have told me that one of their businesses. That is not what our econ- 8 years we actually saw a net job loss. greatest concerns as small business omy needs. Vote ‘‘no.’’ The SPEAKER pro tempore. The owners is the tax burden that they’re Mr. CAMP. Mr. Speaker, how much time of the gentleman has expired. going to face next year. time is remaining? Mr. LEVIN. I yield the gentleman an Let’s not stand for rhetoric. Let’s do The SPEAKER pro tempore. The gen- additional 15 seconds. the responsible, prudent thing and say tleman from Michigan (Mr. CAMP) has Mr. VAN HOLLEN. We tried trickle- ‘‘no’’ to tax increases. And I leave it up 51⁄2 minutes remaining. The gentleman down. We lived it; we saw a net job to the American people who I believe from Michigan (Mr. LEVIN) has 23⁄4 min- loss. But who picked up the tab? The are hardworking taxpayers who are not utes remaining. rest of the country because it drove a stupid. They know what the distinction Mr. CAMP. I yield 2 minutes to the huge hole in our deficit; and in order to will be by the end of this year and next distinguished gentleman from Illinois deal with that, if we don’t ask folks at year when they come to the voting (Mr. DOLD). the top to pay a little bit more, the booth in November, that we stand for Mr. DOLD. I certainly thank the rest of the country ends up picking up no tax increases, and my colleagues on chairman for his leadership on this. Mr. Speaker, I’m confused. I think the tab. That’s just not right, and it the other side of the aisle are going my colleagues on the other side of the doesn’t help the economy. down the path of let’s raise taxes. Mr. CAMP. I yield myself 15 seconds. Now is not the time to raise taxes in aisle haven’t read what H.R. 8 is. They I would just say that my friend’s pro- an economic climate when people are keep talking about how my colleagues posals just aren’t bold enough. The struggling and we’re trying to have the and I are looking to try to raise taxes economy isn’t growing. Unemployment job creators have the capital so that on a segment of the population. Actu- ally, what this does is extend current is still above 8 percent for 40 consecu- they can put people back to work for tax rates for everyone—for every single tive months. today and tomorrow. We need to get on a plan for com- American. I can tell you that, for peo- b 1630 ple all across the country right now, prehensive reform, not just raising Mr. LEVIN. I now yield 2 minutes to foreclosures are up. They’re concerned taxes on a segment, not just pitting the gentlelady from New York (Ms. about how they will send their kids to one group of Americans against an- VELA´ ZQUEZ), who is the ranking mem- school. We’ve got energy prices that other. But let’s get a comprehensive re- ber on the Committee on Small Busi- are on the rise. We want to make sure form so we can get certainty, we can ness and who has toiled in the vine- that the government is not taking get job growth, we can get economic yards and beyond on behalf of the more from them. prosperity and get Americans back to small businesses of this country. I have to tell you that I think what work. Ms. VELA´ ZQUEZ. Thank you, Rank- we’re talking about right now is trying I yield 2 minutes to the distinguished ing Member, for yielding. to empower the American people. We gentleman from New York (Mr. REED), Mr. Speaker, I rise in opposition to want to make sure that we have up- a member of the Ways and Means Com- the bill before us today. ward mobility. We want to try to cre- mittee. Republicans love to focus on small ate growth in our economy. Mr. REED. Mr. Speaker, I rise today businesses when it’s convenient for Mr. Speaker, in 2010, the President of in support of the proposed legislation them. They claim it is imperative to the United States came before the to make sure that we do not increase pass today’s bill because, if we don’t, American public and said that our taxes on any Americans come the end small firms will be harmed. However, economy was too fragile. The President of this year. I think it’s prudent, it’s today’s bill is only good for million- said that our economy is fragile and responsible, and it’s the right message aires and billionaires, not the Nation’s that we should extend these tax rates. to send to America, that we are going job creators. That’s when the economy was growing to stand with every American and The argument that a partial exten- at 31⁄2 percent, Mr. Speaker. The Com- every small business owner across the sion of tax cuts hinders small business merce Department just came out with country and say, end of the year, no hiring relies on distorted facts. Repub- statistics that we are growing at 11⁄2 tax increases. licans are using a warped definition of percent today. There is no way in the And I appreciate my colleagues on a ‘‘small firm’’ that counts Mitt Rom- world that we should be taking more the other side of the aisle and their ney as a small business owner. I don’t out of the pockets of the American passion and their commitment to rais- think the average person considers 237 public. It’s just not feasible. ing taxes. They get to choose which people whose incomes average more Two-thirds of all net new jobs are threshold, 200, $250,000 or more. But it’s than $200 million as small business created by small businesses, but this clear to me that there’s a clear distinc- owners. isn’t just for small businesses—this is tion that the American people will Contrary to Republican claims, this for every single American. We’re run- have an opportunity to decide come is not what the American taxpayers ning the experiment today. If you want this November between my Democratic think of when they hear ‘‘small busi- to talk about higher taxes—more tak- colleagues across the aisle and this side ness.’’ When most people think of ening in the State of Illinois—if you want of the aisle. trepreneurs, they envision small manu- to take a look at what’s going on in My Democratic colleagues across the facturers, architects, Main Street res- the State of Illinois, we are dead last in aisle raise taxes as part of the solution taurants, and hardware stores—those too many categories. We are not cre- going forward. This side of the aisle, Americans who risk their savings to ating jobs. Jobs are picking up and I’m proud to stand, Mr. Speaker, to say create jobs in our communities. Tax they’re going to neighboring States. ‘‘no’’ to raising taxes on any American cuts should go to real small businesses They’re leaving because we’ve decided moving forward. that are creating jobs, not to people to take more from hardworking tax- Now, the gentleman had recognized who are simply moving money around payers in the State of Illinois. and said that some of these tax infor their own profits. What we want to do is to make sure creases that we’re talking about in re- Instead of addressing the top concern that we extend these for an additional gards to businesses are not the mom- of small business owners—a lack of de- year so that we can have real tax re- and-pop shop. mand for their goods and services—this form. That’s what this is about. We Well, I’ll tell you something. I just bill simply gives more tax cuts to the want to talk about pro-growth tax poli- had a conversation with Dick Clark very rich. The numbers don’t lie. Over cies so that we can get the American from my district, an owner of Villager 80 percent of the value of these cuts public back to work. This is about jobs Construction. That’s a mom-and-pop goes to millionaires. That is an average and the economy. shop. Sterilator Company out of Cuba, tax cut of $164,000. Frankly, I tip my hat to my col- New York, in my district. That’s a Let’s call this bill what it really is— leagues because, when I talk to my col- mom-and-pop shop. Those are people a tax cut for the rich, not for small leagues on the other side of the aisle,

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13119 they also indicate to me that the num- to another one to make America fair. while telling some of the poorest in ber one issue is jobs and the economy. The other group, that of the Repub- America, the least well-off in America, The SPEAKER pro tempore. The licans, says the purpose of taxation is you’re going to pay more, you’re going time of the gentleman has expired. to collect as little as possible in order to get less. How perverse. How under- Mr. CAMP. I yield the gentleman an to efficiently run the government so mining of our economy. How under- additional 15 seconds. that individuals are able to keep their mining of the confidence of our people. Mr. DOLD. Let’s come together. money. We became the most powerful, Ladies and gentlemen of this House, Let’s not talk about how we want to prosperous nation on Earth because we’re better than this. raise taxes on the middle class because, Americans were able to keep what they Newt Gingrich talked some years ago frankly, that’s just inaccurate, not earned, were able to invest it into in 1998 about the ‘‘Perfectionist Cau- true. We are looking to try to make other things and were able to grow it. cus.’’ Mr. Speaker, he said embrace sure these get extended for an addi- Here is the real proposal: one, keep agreement. He was agreeing with Presi- tional year so that we can talk about tax rates the same for another year; dent Clinton and Newt Gingrich at that pro-growth tax reform and get people two, fix the broken Code. point in time on a budget which adopt- off of the unemployment lines and back There are 70,000 pages—3.8 million ed PAYGO one more time, which is one to work. words—in this Tax Code. It needs to be of the reasons why we balanced the So I applaud you for trying to get up fixed. It’s miserably complicated. No budget 4 years in a row. The House there and plead your political point, Americans feel confident that when Ways and Means bill leaves 98 percent they file their taxes they got it all but we need to come together. We need of our people at risk, while our bill right. We’ve got to fix this Code and be to make this happen for the American gives 100 percent of the people a tax able to simplify it dramatically. It’s public. cut. going to take time to do that. So let’s Mr. LEVIN. How much time is left on Let us reject the House bill. Let us extend rates for another year, and then this bill? adopt the substitute. Let us send it to let’s spend next year fixing the Code. The SPEAKER pro tempore. The gen- the Senate and make it law. The Presi- Let’s get this right for all Americans, tleman from Michigan (Mr. LEVIN) has dent will sign it, and it can become law 3 not just for some. 2 ⁄4 minutes remaining. The gentleman Mr. LEVIN. I now yield the balance and give confidence and help to those 1 from Michigan (Mr. CAMP) has 3 ⁄4 min- of my time on this bill to the distin- 98 percent of Americans. utes remaining. guished whip, the gentleman from This Republican proposal, is not the Mr. LEVIN. We have one more speak- Maryland (Mr. HOYER). straight-forward tax cut extension middle-class er on this. The SPEAKER pro tempore. The gen- families and small business owners are asking Mr. CAMP, do you have more than tleman from Maryland is recognized for. Instead it extends tax cuts to even the high- one? for the remaining 23⁄4 minutes. Mr. CAMP. I have one more speaker Mr. HOYER. Designed to fail. That’s est incomes, a plan already rejected by the and then myself. what this bill is. It is designed to fail. Senate and which the President has said he Mr. LEVIN. Why don’t you call on Very frankly, you made sure that it would veto. the one, and then Mr. HOYER is going was going to fail when you passed the Moving forward with this legislation will only to wrap up on this bill. amendment that added the reform bill prolong the uncertainty the American people Mr. CAMP. I yield 2 minutes to the and this bill together. have asked us to end. distinguished gentleman from Okla- Designed to fail. How sad. What we ought to do—before the August homa (Mr. LANKFORD). I don’t think you want to raise taxes district work period—is pass the extension Mr. LANKFORD. There has been a on anybody. I understand that. I’ll ac- where we have agreement—for earnings tremendous amount of rhetoric and hy- cept that premise. What we ought to do under $250,000, which is a tax cut for 100 perbole in the conversation today—all is to make sure, in the agreement that percent of Americans. this energy about how we are trying to we have with the Senate and the Ninety eight percent of families and 97 per- raise taxes on different groups. Let’s House, that at least the 98 percent of cent of small businesses will see no change to clear this up. Americans who make less than $250,000 their taxes. This is about keeping the rates the have no increase in their taxes. At Let’s pass what we agree on now and after- same for another year for all Ameri- least we ought to do that. America ward debate what we disagree on. Instead, we’ve seen Republicans insist on cans. Really, this debate is not about knows we have agreement on that. an all or nothing approach, which has held tax rates. What my colleagues on the They’re wondering why, when you have middle-class tax relief hostage to tax cuts for other side of the aisle seem to identify agreement, you don’t take that agree- the top 2 percent. as the problem is that some people in ment and give the assurance and cer- Now, they are doing so once again, with a America have too much money and tainty to 98 percent of the American rule on this bill that makes it harder for us to that the solution to fix this problem is working people that they won’t have reach an agreement to prevent a tax hike on for people to go down the street and an increase in their taxes so that they’ll have the confidence that they’ll the middle class. find someone with a bigger house and This is not the regular order or open proc- take some of their stuff and bring it to have that money in their pockets to, perhaps, purchase that refrigerator ess Speaker BOEHNER and Republicans cam- the other house. Then the problems in paigned on and pledged to uphold in this America would be solved. Things would that they need or that oven that they need or perhaps a new car or so that House. be fair. At the same time, this bill would impose an The issue is not whether we should they can help their kids go to college. Why don’t we give them that con- average tax hike of $1,000 on 25 million work- tax one group more and then distribute fidence, I say to my friends. Mr. Speak- ing families by allowing the expanded Child that to another group. That doesn’t er, I wish we would do so. Tax Credit and Earned Income Tax Credit to create more jobs, and that doesn’t cre- Today, we could embrace the agree- expire while eliminating the American Oppor- ate more stability. That doesn’t pull us ment that the Senate has come to and tunity Tax Credit. out of a recession. That only makes tell the 98 percent, ‘‘You’re safe.’’ In That lies in stark contrast to the $160,000 one group feel better that they took addition to that, by rejecting this bill, tax cut this bill would deliver to the average money from another group and gave it we will reject taking money out of 25 millionaire, according to the National Eco- to another. million people’s pockets that they rely nomic Council. There are really two philosophies on to support themselves and their Mr. Speaker I urge my colleagues to join me that are at work here. We want to children. in defeating this bill, and I call on Republicans make this debate about taxes, but it’s to work with us to pass the tax cut extension really a philosophical issue. One group b 1640 for the middle class on which we all agree. says that the purpose of taxation is to That’s what the Senate bill does. It Mr. CAMP. Mr. Speaker, I yield my- take from one group and redistribute protects the wealthiest in America self the balance of my time.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13120 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 I would just say this isn’t just about 2,340 Rhode Island parents, it means immuni- Americans are facing high unemployment and taxes. I would agree with my friend zations for their children against Measles, stagnant wages. They should have the cer- from Maryland, Republicans do not Mumps, and the flu; and for Rhode Island’s tainty to know that they will not face a tax in- want to raise taxes on small busi- youth, it means 25 more students get a leg up crease next year. Extending the middle class nesses, job creators, or investors be- through Head Start. But for millionaires, tax cuts means helping 114 million middle cause it’s also about the economy. $160,000 simply represents the additional gift class families, including 13.2 million in Cali- This has been a dismal recovery, the they receive under the Republican tax pro- fornia. If the House extends the middle class worst since the Great Depression; and posal. tax cuts—already passed by the Senate— unemployment has been above 8 per- A hundred and sixty thousand dollars is a these families will save an average of $2,200 cent for 40 consecutive months. Their lot of money, and it can go a long way to- on next year’s taxes. answer is to raise taxes on the small wards improving the lives and opportunities of This country cannot afford to keep giving business sector, the area where we need Rhode Islanders. While every program I men- out tax breaks to the wealthy and large cor- to have those jobs to begin to be cre- tioned is on the chopping block, Republicans porations. This Republican bill adds another ated. What we’re saying is let’s keep seem complacent to mortgage our children $50 billion to our deficit in just one year. This the law the same for 1 year. We’re the and grandchildren’s future to preserve these is the wrong approach and is just plain irre- only Nation in the world that has all of tax cuts for the wealthiest top two percent at sponsible. We need to strengthen the middle these tax provisions expiring year in a cost of $1 trillion. These are tax cuts we class, put people back to work, and grow our and year out. Let’s leave this the same simply cannot afford. In fact, if we want to talk economy. The first step is introducing fairness for 1 year, then let’s move and adopt about responsible deficit reduction, this would to our tax code and helping the middle class comprehensive tax reform in an expe- be an excellent place to start. Americans who work hard and play by the dited procedure to do that so we can Democrats and Republicans do agree on rules. I urge my colleagues to join me in vot- finish that next year. one thing;—the need to extend tax cuts for the ing against the Republican giveaway to the If we go down their path of raising middle class and small businesses, which is most wealthy and to instead support the taxes on small businesses, 700,000 jobs exactly what the Democratic proposal will do. Democratic substitute which protects the mid- will be lost. If we go down our path of Under the Democratic plan, every single tax- dle class. extending current law for a year, bring- payer will receive a tax cut on income earned Mrs. CAPPS. Mr. Speaker, I rise today in ing certainty, extending that law for a up to $200,000 if you are single, and support of extending tax cuts for middle class year, moving forward on comprehen- $250,000 if you are married. families and small businesses. sive reform, addressing some spending For our middle class families, this translates I support a plan that allows generous tax problems we know this Nation has had, to an extra $2,200 in their pockets. And even cuts for the wealthiest two percent to expire, 3 years of trillion-dollar deficits, if we high-income households will continue to re- while also ensuring taxes do not go up on do that, we create a million jobs. ceive a tax cut averaging more than $10,000 those that can least afford it. This is the plan Vote for H.R. 8. on their first $250,000 of income. that passed the Senate last week. And this is Mr. GINGREY of Georgia. Mr. Speaker, I No one thinks raising taxes on the middle the plan that President Obama said he is rise in strong support of H.R. 8, the Job Pro- class is a good idea. Right now, my top pri- ready and eager to sign should it pass the tection and Recession Prevention Act of 2012. ority is giving middle-class families and our House. In August of 2009, President Obama told NBC small businesses the security and certainty Unfortunately, however, this is not the plan News, ‘‘You don’t raise taxes in a recession.’’ they deserve by extending tax cuts they des- being offered by the Majority on the floor here Quite frankly, I agree with the President and perately need. This should be an issue where today. The Majority’s proposal, H.R. 8, pre- would take it a step further. We should never Republicans and Democrats can work to- serves tax cuts for the wealthiest two percent raise taxes at all, period. gether to do what is right for hard-working at the expense of middle class families and Unfortunately, if we do nothing before the Americans. small businesses. end of the year, we risk raising taxes on I urge my colleagues to reject the Repub- It gives, on average, an extra $160,000 tax Americans by $384 billion over the next ten lican plan that continues down the same fis- cut to millionaires while raising taxes on 25 years according to the Joint Committee on cally irresponsible path. Give our small busi- million middle class families by an average of Taxation. For my home State of Georgia nesses and working families the certainty they $1,000 by restricting or eliminating crucial tax alone, this would represent a tax increase of deserve, and support the Democratic plan to credits that middle class families depend on to $3,010 per tax return. At a time when we have cut taxes for everyone and help move the pay their bills and send their kids to college, had 41 straight months of unemployment, it economy forward. like the Earned Income Tax Credit, Child Tax would be irresponsible to place an additional Mr. STARK. Mr. Speaker, I rise in opposi- Credit, and American Opportunity Tax Credit. burden on working families and job creators, tion to H.R. 8. I cannot support legislation that This is not the balanced, equitable solution particularly when Ernst & Young recently re- prioritizes millionaires over middle class fami- my constituents on the Central Coast and the leased a study stating that this tax increase lies. By bringing this legislation to the floor, American people are asking for, which is why would destroy 700,000 jobs. Republicans hold hostage the middle class tax I strongly oppose H.R. 8 and will vote against Mr. Speaker, House Republicans have a cuts in order to help those who need it least. it. simple solution. H.R. 8 will prevent this loom- If enacted, this bill would give millionaires an I will instead be voting for the substitute ing tax increase on all Americans, especially average tax cut of $160,000 next year. Hedge amendment, which is identical to the legisla- the 1 million small business entrepreneurs that fund managers and corporate CEOs who tion the Senate passed last week. would likely feel the pain the most. make up the wealthiest 2 percent of this coun- It extends for one year the current tax rates To all of my colleagues, we have a clear try do not need a massive tax break. The Re- on income, capital gains and dividends for tax- choice today. You can either support H.R. 8 to publican tax plan on the floor today not only able income up to $200,000 for individuals prevent a $384 billion tax increase, or you favors millionaires, it takes away tax programs and $250,000 for couples. Under this plan, all could oppose this legislation, endorse these that help working families. Under this legisla- taxpayers will benefit from the tax breaks on tax increases and destroy 700,000 jobs in the tion, 25 million families and college students in income up to these thresholds, and 98 percent process. The choice is yours. this country will lose as much as $1,000 be- of Americans and 97 percent of small busi- Mr. LANGEVIN. Mr. Speaker, I rise in strong cause of cuts to the Earned Income Tax Cred- nesses will see no tax increase at all. opposition to the Republican tax proposal. its, the Child Tax Credit, and the American This proposal also fixes the Alternative Min- Their plan will give more tax breaks for the Opportunity Tax Credit. It is these lower and imum Tax for 2012 and extends several other richest 2 percent, providing $160,000 for the middle income families that deserve our help. important tax provisions that middle class fam- average millionaire—on top of the $1 million It is time to start creating a tax code that re- ilies and small businesses depend on, includ- that they received over the last 9 years. flects our values by ensuring that every indi- ing marriage penalty relief, expanded child A hundred and sixty thousand dollars vidual pays their fair share. and earned income tax credits, education tax means different things to different people. For I stand with the House Democrats, the Sen- incentives, and small business expensing. 464 Rhode Island veterans, it means access ate and the President in supporting an exten- This is a reasonable, responsible plan that to employment and job training services; for sion of the middle class tax cuts. Working should have bipartisan support.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00066 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13121 Democrats and Republicans agree on the They use top-down economics as the argu- for the top 2 percent, while rewarding Big Oil, need to extend the tax cuts for middle class ment for the validity of these cuts—that they special interests, and corporations that families and small businesses, and this plan help to restore our economy and reduce the outsource American jobs. does exactly that. The substitute reflects this unemployment rate, because the individuals H.R. 8 would raise taxes on 25 million consensus and gives middle class families earning incomes in the top two percent are American families by an average $1,000 by certainty that their taxes will not go up next ‘‘job creators.’’ Contrary to this claim, the facts ending vital expansions of the Earned Income year. demonstrate that fewer than 35 percent of Tax Credit and the Child Tax Credit and end We should move forward with what we al- small business owners make over $250,000 a the American Opportunity Tax Credit entirely. ready agree on instead of holding hostage year. Allowing the Bush tax cuts for the upper These 25 million families are earning the least those who can least afford it for the benefit of class to expire would not affect the vast major- and who rely on these credits to put more the wealthiest among us. ity of ‘‘job creators’’ in the American economy, wages in their pockets, increase access to We simply cannot afford to continue the tax but it would help relieve the tax burden of child care services, and make college more af- cuts for the richest two percent and leave mid- working families. fordable. It would add to the deficit by extend- dle class families with the bill. We have a seri- Mr. Speaker, I oppose H.R. 8 not only being tax breaks for the highest-earning house- ous deficit problem that requires a balanced cause the policies included within it would in- holds, giving millionaires a tax break savings solution to ensure everyone bears a fair share flict an unbalanced tax burden on working of $160,000 annually. Republicans are holding of the burden. Letting tax rates on the richest families, but also because it will prevent this the middle class hostage by demanding tax in our society simply return to where they Congress from helping to reduce America’s cut extensions for the richest 2 percent and by were in the 1990s, when our economy was budget deficit. My colleagues across the aisle adding $50 billion to the deficit. What is even booming, is one common sense step in that consistently claim they are committed to re- more egregious is that H.R. 8 would dis- process. ducing our deficit, yet they have fought to proportionately affect those military families I urge my colleagues to join me in sup- pass this bill, extending Bush’s tax cuts for the who sacrifice every day to protect our free- porting this balanced approach and voting yes wealthy. If we were to let these cuts expire, doms. The American middle class, including on the substitute. our deficit could be reduced by $50 billion in our military families, would see a tax increase Ms. RICHARDSON. Mr. Speaker, I rise in 2013 alone. Simply stated, the tax plan laid on January 1, 2013 if we fail to come to an opposition to H.R. 8, the Job Protection and out in H.R. 8 will not raise adequate revenue agreement on taxes for the top 2 percent. Recession Prevention Act of 2012. I oppose to fund our national priorities or repay our I want to protect hard working Americans, this bill because it extends the 2001 and 2003 debt. including our military families. I support mak- Bush tax cuts to millionaires who do not need Instead of arguing over tax cuts for those in- ing sure everyone, especially the wealthiest it, have not requested it, and at a time when dividuals who don’t need our help, this Con- Americans and large corporations, pays their the nation cannot afford it. gress should be working across the aisle to fair share. That is why I am an original co- The extension of this 2001 tax policy would create a fair, comprehensive tax reform that sponsor of the Democratic Substitute to H.R. keep the rates of all tax brackets at a reduced unburdens our working families. The con- 8, which is identical to The Middle Class Tax level. While this reduced level would keep versation should be focused on continuing to Cut Act which passed the Senate last week. more funds in the hands of American families, rebuild our economy and reduce our deficit, The Middle Class Tax Cut Act would preserve it provides for a disproportionate distribution of not give handouts to the wealthy few. When a the current tax rates for 98 percent of Ameri- cans and only increase taxes on the richest 2 the tax burden on different income levels. bill that outlines real, fair tax reform comes up percent who earn the most and have seen the These reduced rates give a greater break to for consideration on the Floor, I will support it. the incredibly wealthy, placing unfair monetary Mr. Speaker, it is for these reasons that I largest tax breaks over the last ten years. We responsibility on the middle class. urge my colleagues to join me in opposing can act now. If we pass The Middle Class Tax Cut Act today we can keep taxes low for the The extension of this tax policy also main- H.R. 8, the Job Protection and Recession Pre- 98 percent of Americans who rely on the tax tains a lower rate on capital gains, and taxes vention Act of 2012. dividends at the same rate as capital gains in- Mr. HOLT. Mr. Speaker, I rise today in breaks and credits extended in this bill. Then stead of as ordinary income. In addition, this strong opposition to H.R. 8, which should be we can separately debate the issue of extending the so-called Bush tax cuts for the wealthi- extension lowers the estate tax. Lower rates called the Protecting America’s Wealthiest 2 est among us. Instead, the majority will ad- on such incomes further burden the middle Percent Act of 2012. class, as they further relieve the incredibly Our main priority in the House of Represent- journ today until September having done nothing to protect the middle class or to make sure wealthy from their duty to give back to this atives must be to support middle class fami- everyone pays their fair share. country. As a result of these policies, the aver- lies. It should not be to protect the wealthiest Under the Republicans’ plan, 30.5 percent 2 percent of Americans by extending the so- age income tax cut for households making of tax cuts going to my home state, New Jer- more than $1 million a year would be over called Bush tax cuts for them. As a body, we sey, would go to the richest 1 percent, and $74,000 in 2013. should work together to make our nation’s tax 45.8 percent would go to the richest 5 percent. Concurrently, as a result of H.R. 8, some of system more equitable while continuing to That is 76.3 percent of tax cuts going to the the tax cuts for working families which were support the middle class. top 6 percent of state residents, leaving 23.7 I opposed the so-called Bush tax cut plans adopted in 2009 would be allowed to expire, percent of cuts for the remaining 94 percent of in 2001 and 2003. In the aftermath of these and eligibility for the Earned Income Tax Cred- New Jerseyans. it and the Child Tax Credit will be reduced. cuts, federal revenue fell, real GDP grew at a I strongly support The Middle Class Tax Cut This bill also ends the American Opportunity rate less than 2 percent and the cumulative Act and the Democratic Substitute to H.R. 8. Tax Credit, 85 percent of the benefactors of deficit grew to $6 trillion. Today, I rise in sup- We can no longer afford to continue giving the which made less than $100,000 a year. These port of the Democratic Substitute to H.R. 8 biggest breaks to those who need them the actions will effectively raise taxes on 25 million which extends all income tax cuts for the 98 least. It’s time to put money back into the middle- and low-income households by an av- percent of Americans and asks the richest pockets of hard working Americans. erage of $1000. households to contribute to deficit reduction by The SPEAKER pro tempore (Mr. The conversation surrounding our nation’s reverting back to the 1990s rates—a decade BASS of New Hampshire). All time for tax policies has focused on ensuring that tax in which the workforce grew by 22 million jobs debate has expired. cuts for the middle class are extended. It has and saw the largest budget surplus in recent AMENDMENT IN THE NATURE OF A SUBSTITUTE been made clear, on both sides of the aisle, history. OFFERED BY MR. LEVIN that this is imperative not only to helping My colleagues across the aisle have shown Mr. LEVIN. I now call up the sub- American families get back on their feet, but that their priority is to protect only privileged stitute amendment. also to the continuing recovery of the United Americans by giving away tax breaks to the The SPEAKER pro tempore. The States economy. wealthiest in this country and continuing to ig- Clerk will designate the amendment. Unfortunately, my Republican colleagues nore the needs of middle class families. Re- The text of the amendment is as fol- are determined to use these middle class tax publicans are holding tax cuts for 98 percent lows: cuts as leverage to make sure that the Bush- of Americans and 97 percent of small busi- Strike all after the enacting clause and in- era tax cuts for the wealthy are extended. nesses hostage to deficit-busting tax breaks sert the following:

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13122 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 SECTION 1. SHORT TITLE; ETC. payer’s taxable income in such bracket in ex- shall be subject to title IX of the Economic (a) SHORT TITLE.—This Act may be cited as cess of the amount to which clause (i) ap- Growth and Tax Relief Reconciliation Act of the ‘‘Middle Class Tax Cut Act’’. plies. 2001 to the same extent and in the same man- (b) AMENDMENT OF 1986 CODE.—Except as ‘‘(B) APPLICABLE AMOUNT.—For purposes of ner as if such amendment was included in otherwise expressly provided, whenever in this paragraph, the term ‘applicable amount’ title I of such Act. this Act an amendment or repeal is ex- means the excess of— pressed in terms of an amendment to, or re- ‘‘(i) the applicable threshold, over SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF. peal of, a section or other provision, the ref- ‘‘(ii) the sum of the following amounts in erence shall be considered to be made to a effect for the taxable year: (a) EXTENSION.— section or other provision of the Internal ‘‘(I) the basic standard deduction (within (1) IN GENERAL.—Section 303 of the Jobs Revenue Code of 1986. the meaning of section 63(c)(2)), and and Growth Tax Relief Reconciliation Act of (c) TABLE OF CONTENTS.—The table of con- ‘‘(II) the exemption amount (within the 2003 is amended by striking ‘‘December 31, tents of this Act is as follows: meaning of section 151(d)(1) (or, in the case 2012’’ and inserting ‘‘December 31, 2013’’. Sec. 1. Short title; etc. of subsection (a), 2 such exemption (2) EFFECTIVE DATE.—The amendment TITLE I—TEMPORARY EXTENSION OF amounts). made by this subsection shall take effect as TAX RELIEF ‘‘(C) APPLICABLE THRESHOLD.—For purposes if included in the enactment of the Jobs and Sec. 101. Temporary extension of 2001 tax of this paragraph, the term ‘applicable Growth Tax Relief Reconciliation Act of relief. threshold’ means— 2003. ‘‘(i) $250,000 in the case of subsection (a), Sec. 102. Temporary extension of 2003 tax (b) 20-PERCENT CAPITAL GAINS RATE FOR ‘‘(ii) $225,000 in the case of subsection (b), relief. CERTAIN HIGH INCOME INDIVIDUALS.— ‘‘(iii) $200,000 in the case of subsections (c), Sec. 103. Temporary extension of 2010 tax (1) IN GENERAL.—Paragraph (1) of section and relief. 1(h) is amended by striking subparagraph ‘‘(iv) 1⁄2 the amount applicable under clause Sec. 104. Temporary extension of election (C), by redesignating subparagraphs (D) and (i) (after adjustment, if any, under subpara- to expense certain depreciable business (E) as subparagraphs (E) and (F) and by in- graph (E)) in the case of subsection (d). assets. serting after subparagraph (B) the following ‘‘(D) FOURTH RATE BRACKET.—For purposes TITLE II—ALTERNATIVE MINIMUM TAX of this paragraph, the term ‘fourth rate new subparagraphs: RELIEF bracket’ means the bracket which would (de- ‘‘(C) 15 percent of the lesser of— Sec. 201. Temporary extension of increased termined without regard to this paragraph) ‘‘(i) so much of the adjusted net capital alternative minimum tax exemption be the 36-percent rate bracket. gain (or, if less, taxable income) as exceeds the amount on which a tax is determined amount. ‘‘(E) INFLATION ADJUSTMENT.—For purposes Sec. 202. Temporary extension of alter- of this paragraph, with respect to taxable under subparagraph (B), or native minimum tax relief for non- years beginning in calendar years after 2012, ‘‘(ii) the excess (if any) of— refundable personal credits. each of the dollar amounts under clauses (i), ‘‘(I) the amount of taxable income which TITLE III—TREATMENT FOR PAYGO (ii), and (iii) of subparagraph (C) shall be ad- would (without regard to this paragraph) be PURPOSES justed in the same manner as under para- taxed at a rate below 36 percent, over ‘‘(II) the sum of the amounts on which a Sec. 301. Treatment for PAYGO purposes. graph (1)(C), except that subsection (f)(3)(B) shall be applied by substituting ‘2008’ for tax is determined under subparagraphs (A) TITLE I—TEMPORARY EXTENSION OF TAX ‘1992’.’’. and (B), RELIEF (2) PHASEOUT OF PERSONAL EXEMPTIONS AND ‘‘(D) 20 percent of the adjusted net capital SEC. 101. TEMPORARY EXTENSION OF 2001 TAX ITEMIZED DEDUCTIONS.— gain (or, if less, taxable income) in excess of RELIEF. (A) OVERALL LIMITATION ON ITEMIZED DE- the sum of the amounts on which tax is de- (a) TEMPORARY EXTENSION.— DUCTIONS.—Section 68 is amended— termined under subparagraphs (B) and (C),’’. (1) IN GENERAL.—Section 901(a)(1) of the (i) by striking ‘‘the applicable amount’’ the (2) MINIMUM TAX.—Section 55 is amended Economic Growth and Tax Relief Reconcili- first place it appears in subsection (a) and in- by adding at the end the following new sub- ation Act of 2001 is amended by striking ‘‘De- serting ‘‘the applicable threshold in effect section: cember 31, 2012’’ and inserting ‘‘December 31, under section 1(i)(3)’’, ‘‘(f) 20-PERCENT CAPITAL GAINS RATE FOR 2013’’. (ii) by striking ‘‘the applicable amount’’ in CERTAIN HIGH INCOME INDIVIDUALS.— (2) EFFECTIVE DATE.—The amendment subsection (a)(1) and inserting ‘‘such applica- ‘‘(1) IN GENERAL.—In the case of any indi- made by this subsection shall take effect as ble threshold’’, vidual, if the taxpayer’s taxable income for if included in the enactment of the Economic (iii) by striking subsection (b) and redesig- the taxable year exceeds the applicable Growth and Tax Relief Reconciliation Act of nating subsections (c), (d), and (e) as sub- amount determined under section 1(i) with 2001. sections (b), (c), and (d), respectively, and respect to such taxpayer for such taxable (b) APPLICATION TO CERTAIN HIGH-INCOME (iv) by striking subsections (f) and (g). year, the amount determined under para- TAXPAYERS.— (B) PHASEOUT OF DEDUCTIONS FOR PERSONAL graph (2) shall be substituted for the amount (1) INCOME TAX RATES.— EXEMPTIONS.— determined under subsection (b)(3)(C) for (A) TREATMENT OF 25- AND 28-PERCENT RATE (i) IN GENERAL.—Paragraph (3) of section purposes of determining the taxpayer’s ten- BRACKETS.—Paragraph (2) of section 1(i) is 151(d) is amended— amended to read as follows: tative minimum tax for such taxable year. (I) by striking ‘‘the threshold amount’’ in ‘‘(2) DETERMINATION OF 20-PERCENT CAPITAL ‘‘(2) 25- AND 28-PERCENT RATE BRACKETS.— subparagraphs (A) and (B) and inserting ‘‘the The tables under subsections (a), (b), (c), (d), GAINS RATE.—The amount determined under applicable threshold in effect under section this paragraph is the sum of— and (e) shall be applied— 1(i)(3)’’, ‘‘(A) by substituting ‘25%’ for ‘28%’ each ‘‘(A) 15 percent of the lesser of— (II) by striking subparagraph (C) and redes- ‘‘(i) so much of the adjusted net capital place it appears (before the application of ignating subparagraph (D) as subparagraph subparagraph (B)), and gain (or, if less, taxable excess) as exceeds (C), and the amount on which tax is determined ‘‘(B) by substituting ‘28%’ for ‘31%’ each (III) by striking subparagraphs (E) and (F). place it appears.’’. under subsection (b)(3)(B), or (ii) CONFORMING AMENDMENTS.—Paragraph ‘‘(ii) the excess described in section (B) 33-PERCENT RATE BRACKET.—Subsection (4) of section 151(d) is amended— 1(h)(1)(C)(ii), plus (i) of section 1 is amended by redesignating (I) by striking subparagraph (B), paragraph (3) as paragraph (4) and by insert- ‘‘(B) 20 percent of the adjusted net capital (II) by redesignating clauses (i) and (ii) of gain (or, if less, taxable excess) in excess of ing after paragraph (2) the following new subparagraph (A) as subparagraphs (A) and paragraph: the sum of the amounts on which tax is de- (B), respectively, and by indenting such sub- termined under subparagraph (A) and sub- ‘‘(3) 33-PERCENT RATE BRACKET.— paragraphs (as so redesignated) accordingly, section (b)(3)(B).’’. ‘‘(A) IN GENERAL.—In the case of taxable and years beginning after December 31, 2012— (III) by striking all that precedes ‘‘in a cal- (c) CONFORMING AMENDMENTS.— ‘‘(i) the rate of tax under subsections (a), endar year after 1989,’’ and inserting the fol- (1) The following provisions are each (b), (c), and (d) on a taxpayer’s taxable in- lowing: amended by striking ‘‘15 percent’’ and insert- come in the fourth rate bracket shall be 33 ‘‘(4) INFLATION ADJUSTMENT.—In the case of ing ‘‘20 percent’’: percent to the extent such income does not any taxable year beginning’’. (A) Section 531. exceed an amount equal to the excess of— (c) EFFECTIVE DATE.—Except as otherwise (B) Section 541. ‘‘(I) the applicable amount, over provided, the amendments made by this sec- (C) Section 1445(e)(1). ‘‘(II) the dollar amount at which such tion shall apply to taxable years beginning (D) The second sentence of section bracket begins, and after December 31, 2012. 7518(g)(6)(A). ‘‘(ii) the 36 percent rate of tax under such (d) APPLICATION OF EGTRRA SUNSET.— (E) Section 53511(f)(2) of title 46, United subsections shall apply only to the tax- Each amendment made by subsection (b) States Code.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13123 (2) Section 1445(e)(6) is amended by strik- (D) in subparagraph (E), as so redesignated, tunity for all Americans to prosper, ing ‘‘15 percent (20 percent in the case of tax- by striking ‘‘2012’’ and inserting ‘‘2013’’. while the Republican vision reserves able years beginning after December 31, (b) COMPUTER SOFTWARE.—Section prosperity for the select few. 2010)’’ and inserting ‘‘20 percent’’. 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ That is not right, Mr. Speaker. That (d) EFFECTIVE DATES.— and inserting ‘‘2014’’. is not fair. That is not just. American (1) IN GENERAL.—Except as otherwise pro- (c) ELECTION.—Section 179(c)(2) is amended vided, the amendments made by subsections by striking ‘‘2013’’ and inserting ‘‘2014’’. hardworking families need tax relief, (b) and (c) shall apply to taxable years begin- (d) EFFECTIVE DATE.—The amendments and they need it now. Not tomorrow, ning after December 31, 2012. made by this section shall apply to taxable not next week, not next month, not (2) WITHHOLDING.—The amendments made years beginning after December 31, 2012. next year, but now. If you believe in a by paragraphs (1)(C) and (2) of subsection (c) TITLE II—ALTERNATIVE MINIMUM TAX strong, solid middle class, vote ‘‘no’’ on shall apply to amounts paid on or after Jan- RELIEF this bill. If you believe in American op- uary 1, 2013. (e) APPLICATION OF JGTRRA SUNSET.— SEC. 201. TEMPORARY EXTENSION OF IN- portunity, vote ‘‘no’’ on this bill. If Each amendment made by subsections (b) CREASED ALTERNATIVE MINIMUM you’re serious about reducing the def- TAX EXEMPTION AMOUNT. and (c) shall be subject to section 303 of the icit, vote ‘‘no’’ on this bill. I urge all of Jobs and Growth Tax Relief Reconciliation (a) IN GENERAL.—Paragraph (1) of section my colleagues to vote ‘‘no’’ on this bill Act of 2003 to the same extent and in the 55(d) is amended— (1) by striking ‘‘$72,450’’ and all that fol- and to vote ‘‘yes’’ on the Levin amend- same manner as if such amendment was in- ment. It is simply the right thing to cluded in title III of such Act. lows through ‘‘2011’’ in subparagraph (A) and inserting ‘‘$78,750 in the case of taxable years do. SEC. 103. TEMPORARY EXTENSION OF 2010 TAX RELIEF. beginning in 2012’’, and We can do much better by voting for (a) AMERICAN OPPORTUNITY TAX CREDIT.— (2) by striking ‘‘$47,450’’ and all that fol- the Levin amendment. It is the right (1) IN GENERAL.—Section 25A(i) is amended lows through ‘‘2011’’ in subparagraph (B) and thing to do. It is the fair thing to do. It by striking ‘‘or 2012’’ and inserting ‘‘2012, or inserting ‘‘$50,600 in the case of taxable years is the just thing to do. We should do it 2013’’. beginning in 2012’’. and do it now. (2) TREATMENT OF POSSESSIONS.—Section (b) EFFECTIVE DATE.—The amendments Mr. CAMP. Mr. Speaker, I yield my- 1004(c)(1) of division B of the American Re- made by this section shall apply to taxable years beginning after December 31, 2011. self such time as I may consume. covery and Reinvestment Tax Act of 2009 is Let me just say that this substitute SEC. 202. TEMPORARY EXTENSION OF ALTER- amended by striking ‘‘and 2012’’ each place it increases taxes, and it increases taxes appears and inserting ‘‘2012, and 2013’’. NATIVE MINIMUM TAX RELIEF FOR (b) CHILD TAX CREDIT.—Section 24(d)(4) is NONREFUNDABLE PERSONAL CRED- on small businesses, the very sector amended— ITS. that we need to be growing to bring us (1) by striking ‘‘AND 2012’’ in the heading (a) IN GENERAL.—Paragraph (2) of section out of this recession. It does not in- and inserting ‘‘2012, AND 2013’’, and 26(a) is amended— clude tax reform. There’s no path to (2) by striking ‘‘or 2012’’ and inserting (1) by striking ‘‘or 2011’’ and inserting ‘‘2011, or 2012’’, and tax reform. Our Tax Code has had 5,000 ‘‘2012, or 2013’’. changes in the last decade. The com- (c) EARNED INCOME TAX CREDIT.—Section (2) by striking ‘‘2011’’ in the heading thereof 32(b)(3) is amended— and inserting ‘‘2012’’. plexity is making it difficult for Amer- (1) by striking ‘‘AND 2012’’ in the heading (b) EFFECTIVE DATE.—The amendments icans to know what their responsibil- and inserting ‘‘2012, AND 2013’’, and made by this section shall apply to taxable ities are. They suspect others get a bet- (2) by striking ‘‘or 2012’’ and inserting years beginning after December 31, 2011. ter deal under the Tax Code because of ‘‘2012, or 2013’’. TITLE III—TREATMENT FOR PAYGO the complexity. If we can take that (d) TEMPORARY EXTENSION OF RULE DIS- PURPOSES away and move to a system that has a REGARDING REFUNDS IN THE ADMINISTRATION SEC. 301. TREATMENT FOR PAYGO PURPOSES. lower rate, revenue neutral, that closes OF FEDERAL PROGRAMS AND FEDERALLY AS- The budgetary effects of this Act shall not SISTED PROGRAMS.—Subsection (b) of section off some of these 5,000 changes that 6409 is amended by striking ‘‘December 31, be entered on either PAYGO scorecard main- have been made in the last few years, 2012’’ and inserting ‘‘December 31, 2013’’. tained pursuant to section 4(d) of the Statu- we can create a million jobs in the first tory Pay-As-You-Go Act of 2010. (e) EFFECTIVE DATES.— year alone. (1) IN GENERAL.—Except as provided in The SPEAKER pro tempore. Pursu- One of the things that led us into this paragraph (2), the amendments made by this ant to House Resolution 747, the gen- recession is the housing crisis. Here we section shall apply to taxable years begin- tleman from Michigan (Mr. LEVIN) and have a letter from the National Asso- ning after December 31, 2012. a Member opposed each will control 10 ciation of Home Builders saying that (2) RULE DISREGARDING REFUNDS IN THE AD- minutes. MINISTRATION OF CERTAIN PROGRAMS.—The housing can be a key engine of job amendment made by subsection (d) shall Mr. CAMP. Mr. Speaker, I claim the growth that this country needs. How- apply to amounts received after December time in opposition. ever, the recovery we’re seeing remains 31, 2012. Mr. LEVIN. Could the Chair be clear fragile. As the rest of the economy is SEC. 104. TEMPORARY EXTENSION OF ELECTION as to who has the right to close on this experiencing softening conditions, now TO EXPENSE CERTAIN DEPRE- amendment? would be the worst time to raise taxes. CIABLE BUSINESS ASSETS. The SPEAKER pro tempore. The gen- The National Association of Home (a) IN GENERAL.— AMP (1) DOLLAR LIMITATION.—Section 179(b)(1) is tleman from Michigan (Mr. C ) has Builders believes that lower rates, sim- amended— the right to close. plification, and a fair system will spur (A) by striking ‘‘and’’ at the end of sub- The Chair recognizes the gentleman economic growth and increase competi- paragraph (C), from Michigan (Mr. LEVIN). tiveness. That’s good for housing, be- (B) by redesignating subparagraph (D) as Mr. LEVIN. I now yield 2 minutes to cause housing not only equals jobs, but subparagraph (E), another Member of our committee, the jobs mean more demand for housing. (C) by inserting after subparagraph (C) the distinguished gentleman from Georgia This is just one area that if we raise following new subparagraph: (Mr. LEWIS). ‘‘(D) $250,000 in the case of taxable years taxes, as this substitute attempts to beginning in 2013, and’’, and Mr. LEWIS. Mr. Speaker, I want to do, we’re going to really close off what (D) in subparagraph (E), as so redesignated, thank Mr. LEVIN for yielding. little recovery we’ve been seeing, and by striking ‘‘2012’’ and inserting ‘‘2013’’. After 2 years of talking about spend- obviously it’s been very anemic. Eco- (2) REDUCTION IN LIMITATION.—Section ing cuts and deficit reduction, Repub- nomic growth is just over 1 percent. 179(b)(2) is amended— licans somehow believe it is wise to fill We need to be the best country in the (A) by striking ‘‘and’’ at the end of sub- the pockets of each and every million- world. We need to have the strongest paragraph (C), aire in America with an additional country in the world. We need to have (B) by redesignating subparagraph (D) as $160,000 tax cut. We’ve been here before. the best Tax Code in the world. Raising subparagraph (E), (C) by inserting after subparagraph (C) the This is the same picture. Mr. Speaker, taxes on one segment, one group of following new subparagraph: we all know what this is about. This is Americans against another is not the ‘‘(D) $800,000 in the case of taxable years about two competing visions of Amer- way to get America’s greatness back. beginning in 2013, and’’, and ica. The Democratic vision is oppor- I reserve the balance of my time.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13124 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Mr. LEVIN. I now yield 1 minute to So at this time, I yield 2 minutes to citizens and the people in my district is the gentleman from New York (Mr. the distinguished gentleman from New that we can’t come together. CROWLEY). York (Mr. REED). I implore my colleagues on the other Mr. CROWLEY. Mr. Speaker, I rise in Mr. REED. I thank the chairman for side, don’t plunge us further into this support of the Democratic substitute yielding. dark abyss. Do the things that the on this tax provision. I rise in opposition to the substitute wealthy amongst us have more than I have tremendous respect for Chair- amendment that we’re debating here, the ability to shoulder and make sure man CAMP and the members of the Mr. Speaker. The reason why is, it’s that we all come together, as Ameri- Ways and Means Committee, but I clear the Democratic substitute cans, and do the right thing on behalf would like to note that not a single one amendment that we’re discussing is a of our constituents. That’s what the of my colleagues on the other side of further expansion of tax increases that Lauren Mishkins want, that’s the kind the aisle refuted what I spoke about be- the Senate passed recently. I’m op- of dream that we need to provide for all fore, about the fact that if the Repub- posed to those tax increases. American citizens, and that’s what this lican tax bill were to pass, as opposed We’re dealing with a situation where country desperately needs—a Congress to the Democratic tax bill, there would the proposed amendment will raise the that will take leadership. be an increase in taxes on 225,000 mili- estate tax and take 55 percent of our There are times when you need to tary men and women, many of whom hardworking Americans’ assets when step aside, and there are times when are in Active Duty overseas as we they pass away. They are raising taxes you need to step up. We need to step up speak. on dividends and capital gains at a as a Congress and pass this Democratic I mentioned in my remarks that time when senior citizens rely on those substitute. under the Democratic bill, the EITC most in these dire economic times. Mr. CAMP. I yield 1 minute to the rate, the earned income tax credit They also seek to raise taxes on those gentlewoman from Tennessee (Mrs. under the bill would afford a sergeant making $200,000 to $250,000 and above. BLACK), a distinguished member of the in our Army today with 8 years of serv- Raising taxes on those individuals goes Ways and Means Committee. Mrs. BLACK. Mr. Speaker, as I have ice, married and with three children, right to the heart of our small busi- been back in the district talking to my and has a basic pay of $34,723, would re- nesses across America, coast to coast, constituents and visiting many of the ceive under the Democratic plan an North to South. businesses and the job creators in the EITC benefit of $3,508. In this dire economic time, I actually district, I have continued to hear from The SPEAKER pro tempore. The agree with President Obama when he them that if we place one more tax in- time of the gentleman has expired. signed the tax rates in December 2010, crease on them, they’re just not sure b 1650 when he said, In dire economic times, that they can survive. Mr. LEVIN. I yield the gentleman 1 we don’t raise taxes on Americans. Now these are good people that I go I just ask my colleagues to join me additional minute. to the grocery store with, that I go to and say, Reject this substitute, freeze Mr. CROWLEY. I want to be very church with. I know how hard they’re the Tax Code, and deal with the issue clear about this, Mr. Speaker. The working, and I know how hard their of comprehensive tax reform over the earned income tax credit under the Re- families are working in order to keep next 12 months, and put no Americans publican bill would only be $2,390. Now businesses going within our commu- in harm in having their tax bill in- when I do the math, that means that nity. And when we know that two out creased at the end of this year. under the Republican bill, that ser- of every three jobs are created by a Mr. LEVIN. It’s now my real pleasure geant and his or her family would have small businessman or -woman, we im- to yield 2 minutes to the gentleman a $1,118 tax increase. You can’t get pact those very folks who are creating from Connecticut (Mr. LARSON) who is around it. Those are the facts. Those the jobs for so many people in the dis- the chair of our caucus and an active are the numbers. They speak loud and trict. clear. And not a single one of my col- member of our committee. I hear this over and over again. And leagues on the other side of the aisle Mr. LARSON of Connecticut. I thank they look at me and say, Diane, please refuted that. the distinguished ranking member. go back to Congress and please relay We have refuted the $250,000 issue as This debate today is extraordinarily this to the Members of Congress, that it pertains to small business owners. informative. This isn’t about Demo- we need to make sure that we have the The reality is, the men and women on crats or Republicans. This is about sav- certainty and that we don’t impact the front lines defending this democ- ing and preserving our middle class. them and their businesses so that they Lauren Mishkin from Connecticut, a racy, defending our freedom, defending have to close down and, once again, in- mother who recently came up to talk our way of life, allowing for small busi- crease the amount of unemployment. nessmen and -women to prosper in this to me about student loans, said,‘‘When The SPEAKER pro tempore. The country, they’re not worth a tax break. only the rich can follow their dreams, time of the gentlewoman has expired. Your bill increases taxes on our mili- we have a problem.’’ Mr. CAMP. I yield the gentlewoman tary men and women. There’s no get- So here today, we face a very clear an additional 30 seconds. ting around it. A vote for the Repub- choice that I think all Americans un- Mrs. BLACK. My colleagues on the lican bill is a vote to increase taxes on derstand. We should be able to come to- other side of the aisle do not have a military men and women. A vote for gether as Democrats and Republicans plan. Their plan is to increase the the Democratic substitute is a tax cut and provide a tax break for everyone taxes on this group of people. for our military men and women. up to $250,000. Lauren was right: we Second to that are those who con- Mr. CAMP. I yield myself such time have a problem. tinue to say to me—especially those as I may consume. A constituent of mine said, ‘‘How is who are looking at planning for their I don’t have to refute what the Mem- it that the Congress doesn’t understand families for the future, of what they’re ber from New York said because the that what they’re doing is throwing all going to leave for them—they’re not nonpartisan Joint Committee on Tax- of us into the deep abyss of uncer- going to be able to leave those things ation has already done that. They’ve tainty?’’ It’s that deep abyss of uncer- that they’ve worked so hard for be- said the matters the gentleman is talk- tainty that all Americans are con- cause the estate taxes are going to go ing about are not tax increases. Those cerned about. And what they want is up. are spending through the Tax Code. for us to come together. We cannot do this to the people in That spending was put into the stim- We know that we have a bill that has my district. I’m going to be here to ulus bill. We know how unsuccessful passed the Senate, a bill that the Presi- fight for that. that was in lowering our unemploy- dent will sign, a bill that we virtually Mr. LEVIN. I would ask my colleague ment rate below 8 percent, as was agree on on both sides of the aisle. So from Michigan how many further re- promised. what really frustrates the American quests for time do you have left?

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13125 Mr. CAMP. I am prepared to close. money for day-to-day needs to pay otherwise. And income over $1 million, Mr. LEVIN. It’s now my privilege to their bills. That isn’t fair, and Demo- for those who have that, would receive yield 1 minute to the gentlelady from crats will fight to prevent these tax in- under the Republican bill 70 times California, our distinguished leader. creases on middle-income families in more than the typical family. And Ms. PELOSI. I thank the gentleman order to give a tax break to the when the two bills are combined, 150 for yielding. I also thank him for his wealthiest people in our country. times more than the typical family. legislation on the floor today, to Today is a day when we can end some Let me say just a word about tax re- strengthen the backbone of our democ- uncertainty. People talk about the form, which I favor. It’s being used as racy, the great American middle class. cliff. We are going to go over the cliff an argument for inaction. But, look, Today we can do just that by passing come January. Let’s not even go any- let’s be realistic. No matter who con- President Obama’s middle-income tax where near the edge of that cliff. Let’s trols the Congress next year, there cut, which is on the floor today as the pass this bill today. It will save just won’t be tax reform until maybe the Levin substitute. It has already passed under $1 trillion because we’re not giv- spring or the summer. So are you going the Senate and could be signed into law ing those tax cuts to the high end. to use that same argument for tax re- by the President before the weekend. That is almost all the money that is form, say, in a lame duck against mid- We have an opportunity. We have an needed to avoid the sequestration come dle-income tax cuts? Or in January, are opportunity to give a tax cut to 100 January. So again, we are addressing you going to use the same argument? percent of the American people. We the uncertainty not only in the lives of Are you going to use tax reform as a have an opportunity to relieve some of the American people, but in the life of shield to protect the high-income tax- the uncertainty that exists in our our economy. payer? In a word, the Republican bill is economy as to how we are going to pay Or today is the day that Republicans a path to nowhere for middle-income the bills and how America’s working will continue to hold the middle class taxpayers. families are going to pay the bills. hostage to tax cuts for the wealthiest Our substitute is a sure path. Pass it. We have an opportunity for fairness, people in our country. The Senate already has. The President which is an all-American value, for I urge my colleagues to join Mr. will sign it. Act now. Vote for the sub- fairness for our families, for our busi- LEVIN, join the President of the United stitute. States, join all of us. There isn’t a per- I yield back the balance of my time. nesses, and for our budget. We must Mr. CAMP. Mr. Speaker, I yield my- son in this room, in this body, I think, not—as some people always accuse self the balance of my time. Congress of doing—miss an oppor- who doesn’t support tax cuts for the Mr. Speaker, as I travel around tunity. middle class. Why can’t we just do Michigan and my district, the Fourth that, do what we can agree upon right b 1700 Congressional District of Michigan, I now, tax cut by the weekend, alle- We have to take advantage of the op- often hear from many families that viating uncertainty for our economy as they think America is at a crossroads. portunity that is here today. The bill we go forward, and then we can have a provides for fairness for the middle They really question is the American debate about what a Tax Code should Dream, is that dream that their chil- class and certainty, as I mentioned. look like that has fairness, simplifica- dren and grandchildren are going to The Republican alternative says not tion, and again keeps us competitive, have the opportunities that they had, only do we want to give 100 percent of innovative, and, number one, allows is that dream still alive for their kids the American people a tax cut; we want the private sector to create jobs. and their grandkids? The reason they to give a bigger and better tax cut to Again, jobs, jobs, jobs. ask that is because we’ve been on the people making over $250,000 a year, 2 We will reduce that deficit by having economic path that the majority has percent of the American people. In additional revenue, by creating growth, established for the last 3 years, and order to do that, we greatly increase by addressing spending so we are in- we’ve seen the slowest recovery from the deficit which would incur bor- vesting in those initiatives that grow any recession since the Great Depres- rowing from other countries, including our economy. Pretty soon when we end sion. Unemployment is still too high. I China. And to top it all off, in order to this debate, it will be around the time think maybe being from Michigan, I’m give a tax cut to the wealthiest people when America’s families will sit down particularly sensitive to that because in our country, we have to increase for dinner at the kitchen table or wher- we’ve had tough times for more than a taxes for the middle class in order to ever, and they will have these discus- decade. We need to get people back to pay for that. If you make over $1 mil- sions about how they pay the bills, the work. We need to get jobs growing in lion a year, the Republican tax pro- bills to stay in their home or their this country. posal will give you a tax cut of $160,000 apartment, wherever. Discussions on There’s really a choice: Which path on average. And on average, America’s how they will pay for their children’s are we going to be on? Which road are middle-income families would have to education, how their pensions are af- we going to take? Which lane are we pay $1,000 more in taxes. fected by all of this. The list goes on going to be in? Are we going to be in You know, we work for the American and on. the lane where we just simply raise people. You are our bosses. So as our With one vote, we can alleviate that taxes? No matter what segment it is, I bosses, what would you instruct us to uncertainty. We’re not going to elimi- don’t care, just name the segment, but do when it comes to reducing the def- nate it, but we can lessen it. We have one that we know will cost us 700,000 icit, giving a tax cut to 100 percent of that responsibility. Let’s not miss an jobs? the American people, which will inject opportunity to do just that. Or will we go down a path where we demand into the economy and there- So I thank you, Mr. LEVIN, for your extend current law for 1 year, as many fore create jobs. So we are reducing the leadership and members of the com- bipartisan experts have called for. Even deficit. We’re creating jobs, and we’re mittee for all of your hard work. President Bill Clinton has called for it. having fairness as a principle as to how Mr. CAMP. I reserve the balance of The President’s former economic ad- we go forward. my time to close. viser, Larry Summers, has said let’s Make no mistake, by refusing to vote Mr. LEVIN. I yield myself the bal- extend current law for a year. Let’s for the Senate-passed bill, House Re- ance of my time. take the uncertainty out. And in the 20 publicans are giving more tax breaks There are a few undisputed facts. hearings we’ve had on tax reform this to the richest 2 percent, tax breaks Small business—97 percent of small year in the Ways and Means Com- they don’t need and we can’t afford. At businesses will receive all of their tax mittee, so many employers, so many the same time they cut taxes for the cut. Don’t listen to the propaganda to tax experts, so many independent rich, as I said, they would raise an av- the contrary. Everyone will receive groups have come forward and said the erage of $1,000 on 25 million American their tax cuts up to $250,000 of income. uncertainty of all of this expiring tax families, families who rely on that Don’t listen to propaganda that says policy is causing a huge problem.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13126 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 And my friends would say, well, if tension law; those provisions unfortunately are This is the same Republican Congress only we’d raise taxes on people and not included in H.R. 8. which has asked for a balanced budget small businesses and others who make On the other hand, the Democratic proposal amendment. It has codified the Joint Select $250,000, that’ll solve our problems. does the following: Committee on Deficit Reduction, which is pos- Well, it won’t. It’s just a piece of it. TEMPORARY EXTENSION OF TAX RELIEF sibly unconstitutional, and has had no impact The Tax Code is so complex, with 5,000 One-year extension of marginal individual on jobs and the unemployment problem. Yet changes over the last decade. I often income tax rate reductions for middle-class today they want us to vote on a tax increase say it’s 10 times larger than the Bible, taxpayers. for the top 2 percent. This illustrates what hap- with none of the good news. One-year extension of repeal of the overall pens when Congress does not work together The burden that this Tax Code is limitation on itemized deductions (‘‘Pease’’) in a bipartisan manner, laboring for the Amer- placing on our economy, it’s a huge and the personal exemption phase-out ican people. We must work together and com- wet blanket. Our GDP growth is just (‘‘PEP’’) for middle-class taxpayers. promise. barely over 1 percent, the gross domes- One-year extension of EGTRRA and ARRA The Senate gave us a layup by producing a tic product. Our economy is not grow- improvements to child tax credit. bill last week which is virtually identical to the ing enough; and if we don’t grow our One-year extension of marriage penalty re- Democratic Substitute. All we have to do is act economy, we can’t create the jobs that lief for middle-class taxpayers. like Olympians and pass it. we need so desperately. One-year extension of earned income tax The American people are asking the Presi- dent and Members of Congress to move swift- b 1710 credit simplification and increase. One-year extension of education tax incen- ly and take decisive action to help restore our Let’s work together. Let’s pass this tives. economy in a fiscally responsible manner. I 1-year extension. Tomorrow, we have a One-year extension of tax benefits for fami- am disappointed that Republicans have in- package that will lay out our prin- lies and children. sisted on holding tax cuts for working and mid- ciples for comprehensive tax reform One-year extension of reduced maximum dle class families hostage in order to benefit that will also lay out a process to expe- rate for capital gains and qualified dividend in- the wealthiest 2% of Americans. I would like to thank President Obama for dite this next year in the House and come for middle-class taxpayers. his determined leadership, support and com- Senate. We’ve been working with the One-year extension of the American Oppor- mitment to protecting important tax relief Senate to establish these procedures. tunity Tax Credit (‘‘AOTC’’). One-year exten- issues for middle-income Americans and the They will go through regular com- sion of enhanced small business expensing. nation’s small businesses and farmers during mittee in an open and transparent way, The measure provides a one-year ‘‘patch’’ these challenging economic times. I would not just roll a bill out on the floor and to prevent the alternative minimum tax (AMT) also like to thank all the Members and their say, oh, if we only ding that one seg- from affecting millions of additional taxpayers staff who worked diligently to bring this essen- ment, things will be okay. Let’s do this and allows small businesses to deduct an in- tial legislation to the House floor today in an the right way. creased amount of their capital expenditures attempt to do all that we can to protect the This is the greatest country in the for another year. It does not extend current American people and move this nation toward world. Let’s make this the greatest estate tax provisions, which set a maximum fiscally responsible economic recovery. economic power in the world. Let’s re- estate tax rate of 35% with an exemption form our Tax Code for the first time in I support those provisions of H.R. 8 which amount of $5 million. provide relief for middle-class families and 26 years. Let’s make it a pro-growth, I am deeply saddened that the fate of un- small businesses who will see their taxes go modern code that lets our U.S. compa- employed, low and middle income Americans down and get much needed certainty. But I nies compete around the world, lowers has been held hostage by the insistence by cannot in good conscience support tax relief its rates and makes it simpler for peo- Republicans that this legislation include a for millionaires and billionaires at a time when ple to file their taxes, lessens that bur- giveaway to the wealthiest 2% of Americans others need help just to make ends meet. den, lessens that uncertainty and cre- that is going to irresponsibly expand the al- Unlike those provisions of H.R. 8 which ben- ates 1 million jobs in the first year ready large deficit. efit America’s struggling middle class, I do not alone. I have spoken to and heard from many fine, support the provisions of this legislation which It’s very clear which path we need to patriotic, hardworking middle income Ameri- condition that desperately needed relief upon choose. Reject this substitute. Support cans from Houston, from the great state of the unconscionably high cost of providing an H.R. 8. Get on the right path. Get on Texas, and all across the nation. Middle class unnecessary, expensive giveaway to the the path to job creation. American families and small businesses are wealthiest Americans by providing a two year I yield back the balance of my time. deeply concerned about our troubled econ- extension of Bush-era tax cuts for the wealthi- Ms. JACKSON LEE of Texas. Mr. Speaker. omy, the skyrocketing national deficit, high un- est 2% of Americans while keeping their es- I rise in strong support of H.R. 15, and ask my employment rates, job creation, and sorely tate tax rate at 35% on estates valued at more colleagues on both sides of the aisle to come needed extension of the tax relief and unem- than $5 million for individuals and more than together in support of H.R. 15, the Democratic ployment benefits set to expire at the end of $10 million for couples. alternative offered by our colleague from the this month. These giveaways to the wealthiest Ameri- Ways and Means Committee, Mr. LEVIN. The Republican bill temporarily extends for cans during these dire economic times need- I have consistently supported and voted for one year, through 2013, all the reduced tax lessly add billions of dollars to our sky- middle class tax cuts, as I did two years ago rates and other tax benefits enacted in 2001 rocketing deficit yet create no value for our ail- when I voted for the Middle Class Tax Relief and 2003 that are scheduled to expire on Dec. ing economy since these tax cuts are not tied Act of 2010, and the extension of unemploy- 31. The measure maintains the maximum es- to job creation and preservation. ment benefits. tate tax rate of 35% while retaining the ex- ESTATE TAX AMENDMENT The intelligent Democratic substitute offered emption amount of $5 million, provides a two- I offered an amendment that would have set by my Ways and Means colleague temporarily year ‘‘patch’’ to prevent the alternative min- the Estate Tax at reasonable levels. My extends for one year, through 2013, the re- imum tax (AMT) from hitting over 27 million amendment would have allowed estates val- duced tax rates and other tax benefits enacted taxpayers and allows small businesses to de- ued at $3.5 million or less to pay 35 percent, in 2001 and 2003 that expire on Dec. 31—but duct an increased amount of their capital ex- estates valued between $3.5 million and $10 only for income levels below $250,000 for joint penditures for another year. million to pay a 45 percent rate, and estates tax returns and $200,000 for individuals. This I feel like we have been down this path be- over $10 million to pay a 55 percent rate. This is smart tax policy which acknowledges the fore and I recall many of my colleagues stak- commonsense amendment would have re- deficit problem but does not squelch tax bene- ing a claim to fiscal responsibility. Well, I ask stored a sense of fairness to H.R. 8. Accord- fits for those most in need. in all sincerity, which bill is more fiscally re- ing to the Center on Budget and Policy Prior- It also extends the expanded education tax sponsible: H.R. 8, which blows a hole in the ities, the 2009 estate tax rules already are ex- credit, child tax credit and earned income tax deficit, or H.R. 15, the Democratic alternative tremely generous, tilting in favor of the credit benefits that were included in the 2009 which keeps the Bush Tax rates in place for wealthy. The Tax Policy Center estimates that stimulus law and extended in the 2010 tax ex- the people who truly need tax relief. if policymakers reinstated the 2009 rules:

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00072 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13127 The estates of 99.7 percent of Americans education by lessening the financial burden on The system is so complex that most tax- who die would owe no estate tax at all in them when they are trying to go above and payers even those with low incomes now use 2013. Only the estates of the wealthiest 0.29 beyond their responsibilities is certainly war- either a professional tax preparer or tax soft- percent of Americans who die—about 7,450 ranted. ware. A one-page form shouldn’t require a tax people nationwide in 2013—would owe any While I am opposed to the portions of H.R. preparer who earns a percentage of the re- tax. 8 that amount to an expensive giveaway to turn, or a fee. It is not justifiable, especially Moreover, under the 2009 rules, the small the wealthiest 2% of Americans, I want to em- when some commentators like to point out number of estates that were taxable would phasize that I fully support job-creation and that a number of taxpayers pay no tax—well face an average effective tax rate of 19.1 per- job creators. I also support President Obama’s they somehow conveniently forget to mention cent, far below the statutory estate-tax rate of vision for change. I share his commitment to that these tax scofflaws making $30,000 dol- 45 percent. In other words, 81 percent of the fighting for low- and middle-income Americans lars a year more than make up for it with a value of these estates would remain after the who are the backbone of this country and our long list of regressive taxes at the state and tax, on average. An estate tax that exempts economy. local level. the estates of 997 of every 1,000 people who However, this legislation, H.R. 8, especially The alternative minimum tax, or AMT, was die and leaves in place an average of 81 per- as it pertains to tax cuts for the top 2% of initially designed to ensure that all high-in- cent of the very wealthiest estates is hardly a Americans and estate tax provisions that are come taxpayers paid some income tax, has confiscatory or oppressive tax. regressive and inflate the deficit, does not become the poster child for the tax system’s Moreover, only 60 small farm and business comport with this vision. I have serious mis- failure, requiring Congress to enact increas- estates in the entire country would owe any givings about extending tax cuts for the ingly expensive temporary patches to prevent estate tax in 2013, under a reinstatement of wealthiest Americans at the expense of our the AMT from encroaching on millions of mid- the 2009 rules, and these estates would face deficit, especially if these tax cuts are not tar- dle class households particularly those with an average effective tax rate of just 11.6 per- geted towards job creation. children, in a web of pointless high tax rates, cent. Failing to tie tax cuts to job creation is DEFICIT AND TAXATION complexity, and unfairness. irresponsible since it exacerbates our growing You may recall that in the Budget, the Ad- On the deficit reduction front it is important deficit without bolstering job creation. ministration calls for individual tax reform that: to remember the economic crisis that the My amendment does not address the step- cuts the deficit by $1.5 trillion, including the President inherited. I remember back in 2008 up in basis. The exemption level and rate are expiration of the high-income 2001 and 2003 and 2009, when we experienced the worst re- consistent with parts of the estate tax proposal tax cuts. As a matter of sound fiscal policy, I cession since the Great Depression. The included in the President’s FY2010 and am supportive of this effort. I recognize the economy actually contracted, it shrunk, at a FY2011 Budgets and H.R 16, the intelligent putative economic benefits that many attribute rate of almost 9 percent in the fourth quarter estate tax proposal being put forth by my col- to the Bush Tax Cuts, but we must ask our- of 2008. league Mr. LEVIN of the Ways and Means selves are they affordable? There is no We lost 800,000 private-sector jobs in Janu- Committee. amount of dynamic scoring that will help pene- ary of 2009 alone, and unemployment was CLASSROOM EXPENSE DEDUCTION AMENDMENT trate the deficit. surging. Those are the conditions the Presi- My second amendment would have pro- The President’s budget also eliminated inef- dent inherited—the car was swerving into the ficient and unfair tax breaks for millionaires vided tax relief to school teachers by providing ditch. He was not the driver, but he was asked while making all tax breaks at least as good them a deduction for qualified out-of-pocket to come in on literally his first day of office, for the middle class as for the wealthy; and classroom expenses of $250 dollars, whether roll-up his sleeves and figure out how to pre- observes the Buffett Rule that no household or not they itemize their deductions. You may vent the car from rolling farther down the hill. making more than $1 million a year pays less recall Mr. Speaker that the President included If you’ll recall we also faced a housing market than 30 percent of their income in taxes. this proposal in his Budget for Fiscal Year The individual income tax is a hodgepodge that was in crisis, and we faced a financial 2013. of deductions, exemptions, and credits that market crisis as well that threatened to set off I understand the tremendous personal costs provide special benefits to selected groups of a global financial collapse. We have come a incurred by educators with little or no class- taxpayers and favored forms of consumption long way since then yet there is more work to room budget. According to a 2006 National and investment. These tax preferences make be done. School Supply and Equipment Association Re- the income tax unfair because they can im- The cloud looming over this Congress is an tail Awareness Study, teachers spend an aver- pose radically different burdens on two dif- unintended ‘‘triple-witching hour’’ of tax in- age of $493 out of pocket on school supplies ferent taxpayers with the same income. In es- creases and Sequestration measures that will for their own classrooms. sence, Congress has been picking winners take effect at the beginning of 2013. 7 percent of teachers surveyed said they and losers. The expiration of the Bush Tax Cuts, the plan to spend more than $1,000 of their per- There is absolutely no justification for huge end of the recently extended Payroll Tax Cut, sonal finances on supplies. As education tax cuts. The wealthiest tax brackets should and increases in capital gains and dividends budgets face major shortfalls in the recession, not profit at the expense of programs keeping taxation will shock the conscience and wallets that amount is expected to increase signifi- struggling families from poverty. of the American people. That is why Congress cantly. Bear in mind, the Republican’s 2012 budget needs to enact bi-partisan legislation that Beginning in 2002 the IRS allowed for an cut $2 trillion dollars more than President helps lower the deficit but does not wreak above-the-line deduction for classroom ex- Obama’s Debt Commission advised, and havoc on the financial soul of the middle penses of up to $250. The educator expense those cuts come from vital social services and class. deduction allows teachers to write off some safety nets for low income families, children But again, tax reform that lowers the rate, expenses that they incur to provide books, and seniors. reduces the deficit, and does not pick winners supplies, and other equipment and materials Tax expenditures also reduce the econo- and losers is not easy, but let’s not forget, if for their classrooms. I introduced this amend- my’s productivity because decisions on earn- President Reagan and then-Speaker Tip ment and would like to acknowledge the work ing, spending, and investment are driven by O’Neill could do it in 1986, anything is pos- of my colleagues who have put forth legisla- tax considerations rather than the price signals sible. tion advocating this deduction. America’s that a well-balanced, and fair free market The so-called ‘‘99ers’’ have been sincerely teachers from Texas to Maine to Florida to economy produces. These expenditures, looking for work for a very long time and have Washington deserve our renewed appreciation whether for individuals or corporations, are run out of resources to provide for their fami- for their commitment to educating future gen- really no different than the much ballyhooed lies and pay their mortgages, pay their bills erations. entitlement programs, but they have cute and buy food. They simply want and need a Our children should not have to suffer be- names and fancy lobbyists. job to pay for these obligations. H.R. 8 pro- cause our teachers are given a Hobson’s Moreover, tax expenditures make the tax poses to give tax cuts to the wealthiest Ameri- Choice, forced to choose between using their system excessively complex for honest tax- cans, yet fails to provide for the so-called own finances to effectively teach a class or payers who are trying to comply with the law ‘‘99ers.’’ forced to cut corners due to budgetary restric- while seeking the benefits to which they are H.R. 8 unfortunately is not ready for prime- tions. We promote an increased quality of legally entitled. time. Let us come together for the American

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00073 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13128 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 people and pass the Levin Substitute—a bill Bilirakis Hall Peterson So the amendment was rejected. Bishop (UT) Hanna Petri which has already passed in the Senate. Black Harper Pitts The result of the vote was announced The SPEAKER pro tempore. All time Blackburn Harris Platts as above recorded. for debate has expired. Bonner Hartzler Poe (TX) The SPEAKER pro tempore. The Pursuant to the rule, the previous Bono Mack Hastings (WA) Pompeo Boren Hayworth Posey question is on the engrossment and question is ordered on the bill and on Boustany Heck Price (GA) third reading of the bill. the amendment offered by the gen- Brady (TX) Hensarling Quayle The bill was ordered to be engrossed tleman from Michigan (Mr. LEVIN). Brooks Herger Reed Broun (GA) Herrera Beutler and read a third time, and was read the The question is on the amendment Rehberg Buchanan Huelskamp Reichert third time. offered by the gentleman from Michi- Bucshon Huizenga (MI) Renacci MOTION TO RECOMMIT gan. Buerkle Hultgren Ribble Burgess Hunter Rigell Mr. DEFAZIO. Mr. Speaker, I have a The question was taken; and the Burton (IN) Hurt Rivera motion to recommit at the desk. Calvert Issa Speaker pro tempore announced that Roby Camp Jenkins The SPEAKER pro tempore. Is the the noes appeared to have it. Roe (TN) Campbell Johnson (IL) Rogers (AL) gentleman opposed to the bill? Mr. LEVIN. Mr. Speaker, on that I Canseco Johnson (OH) Rogers (KY) E demand the yeas and nays. Cantor Johnson, Sam Mr. D FAZIO. Yes, I am. Capito Jones Rogers (MI) The SPEAKER pro tempore. The The yeas and nays were ordered. Rohrabacher Carter Jordan Clerk will report the motion to recom- The vote was taken by electronic de- Cassidy Kelly Rokita vice, and there were—yeas 170, nays Chabot King (IA) Rooney mit. 257, not voting 3, as follows: Chaffetz King (NY) Ros-Lehtinen The Clerk read as follows: Chandler Kingston Roskam [Roll No. 543] Coble Kinzinger (IL) Ross (AR) Mr. DeFazio moves to recommit the bill Ross (FL) H.R. 8 to the Committee on Ways and Means YEAS—170 Coffman (CO) Kissell Cole Kline Royce with instructions to report the same back to Ackerman Garamendi Neal Conaway Labrador Runyan the House forthwith with the following Andrews Gonzalez Olver Cooper Lamborn Ryan (WI) amendment: Baca Green, Al Pallone Costa Lance Scalise Add at the end of the bill the following: Baldwin Green, Gene Pascrell Cravaack Landry Schilling Barber Grijalva Pastor (AZ) Crawford Lankford Schmidt SEC. 6. FINDINGS. Bass (CA) Gutierrez Pelosi Crenshaw Latham Schock Congress finds the following: Becerra Hahn Perlmutter Cuellar LaTourette Schrader (1) Section 2 of this Act (H.R. 8) extends Berkley Hanabusa Peters Culberson Latta Schweikert tax cuts for millionaires instead of helping Berman Hastings (FL) Pingree (ME) Denham Lewis (CA) Scott (SC) Bishop (GA) Heinrich Polis Dent LoBiondo Scott, Austin small businesses with tax cuts to invest in Bishop (NY) Higgins Price (NC) DesJarlais Long Sensenbrenner the future and create jobs. Blumenauer Himes Quigley Diaz-Balart Lucas Sessions (2) Small businesses would be better served Bonamici Hinchey Rahall Dold Luetkemeyer Shimkus by ending tax breaks for millionaires and in- Boswell Hinojosa Rangel Donnelly (IN) Lummis Shuler stead using that revenue to expand the small Brady (PA) Hirono Reyes Dreier Lungren, Daniel Shuster Braley (IA) Hochul business expensing provision, which fosters Richardson Duffy E. Simpson Brown (FL) Holden investment in new plants and equipment. Richmond Duncan (SC) Mack Smith (NE) Butterfield Holt (3) This Act (H.R. 8) fails to extend expan- Rothman (NJ) Duncan (TN) Manzullo Smith (NJ) Capps Honda Roybal-Allard Ellmers Marchant sions to the Child Tax Credit and the Earned Capuano Hoyer Smith (TX) Ruppersberger Emerson Marino Income Tax Credit, and it fails to extend al- Carnahan Israel Southerland Rush Farenthold Matheson Stearns together the American Opportunity Tax Carney Jackson Lee Fincher McCarthy (CA) Ryan (OH) Stivers Credit. This tax relief encourages work, has Carson (IN) (TX) Fitzpatrick McCaul Sa´ nchez, Linda Stutzman lifted millions of Americans into the middle Castor (FL) Johnson (GA) Flake McClintock T. Sullivan Chu Johnson, E. B. Fleischmann McHenry class, and helps middle class families pay for Sanchez, Loretta Terry Cicilline Kaptur Fleming McIntyre the costs of higher education. Sarbanes Thompson (CA) Clarke (MI) Keating Flores McKeon Schakowsky Thompson (PA) SEC. 7. APPLICATION OF EXTENSION OF 2001 AND Clarke (NY) Kildee Forbes McKinley 2003 TAX RELIEF TO CERTAIN HIGH- Clay Kind Schiff Thornberry Schwartz Fortenberry McMorris INCOME TAXPAYERS. Cleaver Kucinich Foxx Rodgers Tiberi Clyburn Langevin Scott (VA) Tipton (a) APPLICATION OF EXTENSION OF 2001 TAX Scott, David Franks (AZ) McNerney Cohen Larsen (WA) Frelinghuysen Turner (NY) RELIEF.— Serrano Meehan Connolly (VA) Larson (CT) Gallegly Mica Turner (OH) (1) TREATMENT OF 25-, 28-, AND 33-PERCENT Sewell Conyers Lee (CA) Gardner Miller (FL) Upton RATE BRACKETS.—Paragraph (2) of section 1(i) Sherman Costello Levin Garrett Miller (MI) Walberg Sires of the Internal Revenue Code of 1986 is Courtney Lewis (GA) Gerlach Miller, Gary Walden Slaughter amended to read as follows: Critz Lipinski Gibbs Mulvaney Walsh (IL) Smith (WA) ‘‘(2) 25-, 28-, AND 33-PERCENT RATE BRACK- Crowley Loebsack Gibson Murphy (PA) Walz (MN) Speier Cummings Lofgren, Zoe Gingrey (GA) Myrick Webster ETS.—The tables under subsections (a), (b), Stark Davis (CA) Lowey Gohmert Neugebauer West (c), (d), and (e) shall be applied— Sutton Davis (IL) Luja´ n Goodlatte Noem Westmoreland ‘‘(A) by substituting ‘25%’ for ‘28%’ each Thompson (MS) DeFazio Lynch Gosar Nugent Whitfield place it appears (before the application of Tierney DeGette Maloney Gowdy Nunes Wilson (SC) Tonko subparagraph (B)), DeLauro Markey Granger Nunnelee Wittman ‘‘(B) by substituting ‘28%’ for ‘31%’ each Deutch Matsui Towns Graves (GA) Olson Wolf place it appears, and Dicks McCarthy (NY) Tsongas Graves (MO) Owens Womack Dingell McCollum Van Hollen Griffin (AR) Palazzo Woodall ‘‘(C) by substituting ‘33%’ for ‘36%’ each ´ Doggett McDermott Velazquez Griffith (VA) Paul Yoder place it appears.’’. Doyle McGovern Visclosky Grimm Paulsen Young (AK) (2) 35-PERCENT RATE BRACKET.—Subsection Edwards Meeks Wasserman Guinta Pearce Young (FL) (i) of section 1 of such Code is amended by re- Ellison Michaud Schultz Guthrie Pence Young (IN) designating paragraph (3) as paragraph (4) Waters Engel Miller (NC) and by inserting after paragraph (2) the fol- Eshoo Miller, George Watt NOT VOTING—3 lowing new paragraph: Farr Moore Waxman Akin Cardoza Jackson (IL) Fattah Moran Welch ‘‘(3) 35-PERCENT RATE BRACKET.— Filner Murphy (CT) Wilson (FL) ‘‘(A) IN GENERAL.—In the case of taxable Frank (MA) Nadler Woolsey b 1737 years beginning after December 31, 2012— Fudge Napolitano Yarmuth Messrs. JONES and JOHNSON of ‘‘(i) the rate of tax under subsections (a), NAYS—257 Ohio changed their vote from ‘‘yea’’ to (b), (c), and (d) on a taxpayer’s taxable in- ‘‘nay.’’ come in the highest rate bracket shall be 35 Adams Austria Barton (TX) percent to the extent such income does not Aderholt Bachmann Bass (NH) Ms. EDWARDS, Ms. HAHN, Mrs. exceed an amount equal to the excess of— Alexander Bachus Benishek DAVIS of California, and Messrs. ELLI- Altmire Barletta Berg ‘‘(I) the applicable amount, over Amash Barrow Biggert SON, HINCHEY, and MORAN changed ‘‘(II) the dollar amount at which such Amodei Bartlett Bilbray their vote from ‘‘nay’’ to ‘‘yea.’’ bracket begins, and

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13129 ‘‘(ii) the 39.6 percent rate of tax under such (D) and (E) as subparagraphs (E) and (F) and made by this section shall apply to taxable subsections shall apply only to the tax- by inserting after subparagraph (B) the fol- years beginning after December 31, 2012. payer’s taxable income in such bracket in ex- lowing new subparagraphs: (2) WITHHOLDING.—The amendments made cess of the amount to which clause (i) ap- ‘‘(C) 15 percent of the lesser of— by subparagraphs (A)(iii) and (B) of sub- plies. ‘‘(i) so much of the adjusted net capital section (b)(3) shall apply to amounts paid on ‘‘(B) APPLICABLE AMOUNT.—For purposes of gain (or, if less, taxable income) as exceeds or after January 1, 2013. this paragraph, the term ‘applicable amount’ the amount on which a tax is determined SEC. 8. ADDITIONAL INCREASE IN SMALL BUSI- means the excess of— under subparagraph (B), or NESS EXPENSING. ‘‘(i) the applicable threshold, over ‘‘(ii) the excess (if any) of— (a) IN GENERAL.—Section 179(b) of the In- ‘‘(ii) the sum of the following amounts in ‘‘(I) the amount of taxable income which ternal Revenue Code of 1986, as amended by effect for the taxable year: would (without regard to this paragraph) be section 3, is further amended— ‘‘(I) the basic standard deduction (within taxed at a rate below 39.6 percent, over (1) by striking ‘‘$100,000’’ in paragraph the meaning of section 63(c)(2)), and ‘‘(II) the sum of the amounts on which a (1)(D) and inserting ‘‘$1,000,000’’, ‘‘(II) the exemption amount (within the tax is determined under subparagraphs (A) (2) by striking ‘‘$400,000’’ in paragraph meaning of section 151(d)(1) (or, in the case and (B), (2)(D) and inserting ‘‘$5,000,000’’, and of subsection (a), 2 such exemption ‘‘(D) 20 percent of the adjusted net capital (3) by striking paragraph (6). amounts). gain (or, if less, taxable income) in excess of (b) EFFECTIVE DATE.—The amendments ‘‘(C) APPLICABLE THRESHOLD.—For purposes the sum of the amounts on which tax is de- made by this section shall apply to taxable of this paragraph, the term ‘applicable termined under subparagraphs (B) and (C),’’. years beginning after December 31, 2012. threshold’ means— (2) MINIMUM TAX.—Section 55 of such Code Mr. DEFAZIO (during the reading). ‘‘(i) $1,000,000 in the case of subsection (a), is amended by adding at the end the fol- Mr. Speaker, I ask unanimous consent (b), and (c), and lowing new subsection: that reading of the motion be sus- ‘‘(ii) 1⁄2 the amount applicable under clause ‘‘(f) 20-PERCENT CAPITAL GAINS RATE FOR (i) (after adjustment, if any, under subpara- CERTAIN HIGH INCOME INDIVIDUALS.— pended. graph (E)) in the case of subsection (d). ‘‘(1) IN GENERAL.—In the case of any indi- The SPEAKER pro tempore. Is there ‘‘(D) HIGHEST RATE BRACKET.—For purposes vidual, if the taxpayer’s taxable income for objection to the request of the gen- of this paragraph, the term ‘highest rate the taxable year exceeds the applicable tleman from Oregon? bracket’ means the bracket which would (de- amount determined under section 1(i) with Mr. CAMP. I object. termined without regard to this paragraph) respect to such taxpayer for such taxable The SPEAKER pro tempore. Objec- be the 39.6-percent rate bracket. year, the amount determined under para- tion is heard. ‘‘(E) INFLATION ADJUSTMENT.—For purposes graph (2) shall be substituted for the amount The Clerk will read. of this paragraph, with respect to taxable determined under subsection (b)(3)(C) for The Clerk continued to read. years beginning in calendar years after 2012, purposes of determining the taxpayer’s ten- the dollar amount in subparagraph (C)(i) tative minimum tax for such taxable year. Mr. DEFAZIO (during the reading). I shall be adjusted in the same manner as ‘‘(2) DETERMINATION OF 20-PERCENT CAPITAL ask unanimous consent that further under paragraph (1)(C), except that sub- GAINS RATE.—The amount determined under reading be suspended. section (f)(3)(B) shall be applied by sub- this paragraph is the sum of— The SPEAKER pro tempore. Is there stituting ‘2008’ for ‘1992’.’’. ‘‘(A) 15 percent of the lesser of— objection? (3) OVERALL LIMITATION ON ITEMIZED DEDUC- ‘‘(i) so much of the adjusted net capital Without objection, the reading is dis- TIONS.—Section 68 of such Code is amended— gain (or, if less, taxable excess) as exceeds pensed with. (A) by striking ‘‘the applicable amount’’ the amount on which tax is determined There was no objection. the first place it appears in subsection (a) under subsection (b)(3)(B), or The SPEAKER pro tempore. Under and inserting ‘‘the applicable threshold in ef- ‘‘(ii) the excess described in section fect under section 1(i)(3)’’, 1(h)(1)(C)(ii), plus the rule, the gentleman from Oregon is (B) by striking ‘‘the applicable amount’’ in ‘‘(B) 20 percent of the adjusted net capital recognized for 5 minutes in support of subsection (a)(1) and inserting ‘‘such applica- gain (or, if less, taxable excess) in excess of his motion. ble threshold’’, the sum of the amounts on which tax is de- Mr. DEFAZIO. This is the final (C) by striking subsection (b) and redesig- termined under subparagraph (A) and sub- amendment to the bill. It won’t kill nating subsections (c), (d), and (e) as subsection (b)(3)(B).’’. the bill or send it back to committee. sections (b), (c), and (d), respectively, and (3) CONFORMING AMENDMENTS.— If adopted, the bill will be immediately (D) by striking subsections (f) and (g). (A) The following provisions are each amended and will proceed to final pas- (4) PHASEOUT OF DEDUCTIONS FOR PERSONAL amended by striking ‘‘15 percent’’ and insert- sage. EXEMPTIONS.— ing ‘‘20 percent’’: (A) IN GENERAL.—Paragraph (3) of section (i) Section 531 of the Internal Revenue It’s a pretty simple amendment. It 151(d) of such Code is amended— Code of 1986. would create a tax break for the real (i) by striking ‘‘the threshold amount’’ in (ii) Section 541 of such Code. job creators in America, which are subparagraphs (A) and (B) and inserting ‘‘the (iii) Section 1445(e)(1) of such Code. small businesses and middle-income applicable threshold in effect under section (iv) The second sentence of section families. A middle-income person with 1(i)(3)’’, 7518(g)(6)(A) of such Code. a job or a small business and enough (ii) by striking subparagraph (C) and redes- (v) Section 53511(f)(2) of title 46, United money to go out and invest and buy ignating subparagraph (D) as subparagraph States Code. (C), and (B) Section 1445(e)(6) of the Internal Rev- products made in America for his busi- (iii) by striking subparagraphs (E) and (F). enue Code of 1986 is amended by striking ‘‘15 ness—that’s a key component of this— (B) CONFORMING AMENDMENTS.—Paragraph percent (20 percent in the case of taxable would be allowed an expensing. (4) of section 151(d) of such Code is amend- years beginning after December 31, 2010)’’ The Republican version of the bill ed— and inserting ‘‘20 percent’’. would limit the expensing to small (i) by striking subparagraph (B), (c) APPLICATION OF SUNSETS.— businesses to $100,000 a year for the (ii) by redesignating clauses (i) and (ii) of (1) APPLICATION OF EGTRRA SUNSET.—Each purchases of new equipment made in subparagraph (A) as subparagraphs (A) and amendment made by subsection (a) shall be America. If this amendment is adopted, (B), respectively, and by indenting such sub- subject to title IX of the Economic Growth those same small businesses would be paragraphs (as so redesignated) accordingly, and Tax Relief Reconciliation Act of 2001 to and the same extent and in the same manner as allowed to expense up to $1 million to (iii) by striking all that precedes ‘‘in a cal- if such amendment was included in title I of purchase products made in America, endar year after 1989,’’ and inserting the fol- such Act. which would put people back to work. lowing: (2) APPLICATION OF JGTRRA SUNSET.—Each Now, I know we’re going to hear of ‘‘(4) INFLATION ADJUSTMENT.—In the case of amendment made by subsection (b) shall be the millionaires and billionaires be- any taxable year beginning’’. subject to section 303 of the Jobs and Growth cause this tax increase, or restoration (b) APPLICATION OF EXTENSION OF 2003 TAX Tax Relief Reconciliation Act of 2003 to the of the Clinton era rates, would only RELIEF.— same extent and in the same manner as if apply to incomes over $1 million. So a (1) 20-PERCENT CAPITAL GAINS RATE FOR CER- such amendment was included in title III of TAIN HIGH INCOME INDIVIDUALS.—Paragraph such Act. millionaire still gets the break on the (1) of section 1(h) of the Internal Revenue (d) EFFECTIVE DATES.— first $1 million. It’s only on income Code of 1986 is amended by striking subpara- (1) IN GENERAL.—Except as otherwise pro- over $1 million that would go to the graph (C), by redesignating subparagraphs vided in this subsection, the amendments Clinton era rates.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13130 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 They’ll say they’re the job creators I yield back the balance of my time. Heinrich McCarthy (NY) Sa´ nchez, Linda and that it would depress job creation. Higgins McCollum T. Mr. CAMP. Mr. Speaker, I rise in op- Himes McDermott Sanchez, Loretta Let’s think back to the Clinton admin- position to the motion. Hinchey McGovern Sarbanes istration. We had a 39.6 percent top The SPEAKER pro tempore. The gen- Hinojosa McNerney Schakowsky bracket on the millionaires and billion- tleman from Michigan is recognized for Hirono Meeks Schiff Hochul aires. We had 3.8 percent unemploy- Michaud Schwartz 5 minutes. Holden Miller (NC) Scott (VA) ment in the United States of America, Mr. CAMP. It’s clear that my friends Holt Miller, George Scott, David and we paid down debt for the first on the other side are committed to Honda Moore Serrano Hoyer Moran Sewell time since the Eisenhower administra- raising taxes at any cost. Does anyone Israel tion. I’d like to go back to those bad Murphy (CT) Sherman believe that they’re going to use that Jackson Lee Nadler Sires old days. to reduce the deficit? We’ll just see (TX) Napolitano Slaughter Now, we’ve been doing the Bush tax more wasteful Washington spending. Johnson (GA) Neal Smith (WA) Johnson, E. B. Olver Speier cuts for 12 years. Where are the jobs? This isn’t a solution. America is at a Jones Owens Stark Where are the jobs from cutting taxes Kaptur crossroad. We’ve had 40 months of 8 Pallone Sutton Keating on people’s incomes of over $1 million? percent unemployment. What do we get Pascrell Thompson (CA) Kildee Pastor (AZ) Thompson (MS) They aren’t creating those jobs. Let me from them? Not a solution. We get a Kind give you two quick examples from my political ploy. Kissell Pelosi Tierney district, and they’re typical. Kucinich Perlmutter Tonko I appreciate my friend from Oregon Peters Towns touting the benefits of the Clinton ad- Langevin b 1750 Larsen (WA) Pingree (ME) Tsongas ministration when we had a Republican Larson (CT) Polis Van Hollen I have Palo Alto Software, a small ´ Congress. Let me just say I’ve wel- Lee (CA) Price (NC) Velazquez business. They make software for busi- Levin Quigley Visclosky comed the advice of former President Rahall Walz (MN) ness start-ups. We contacted them, and Bill Clinton. He said extend all of the Lewis (GA) they said, Yes, we could invest way Lipinski Rangel Wasserman current tax rates. Let me just say that Loebsack Reyes Schultz more both in new hardware, new soft- this would gut tax reform. Lofgren, Zoe Richardson Waters Watt ware, and other things that would en- Say ‘‘yes’’ to tax reform. Say ‘‘no’’ to Lowey Richmond hance our business than $100,000 if we Luja´ n Rothman (NJ) Waxman raising taxes. Say ‘‘no’’ to this motion Welch were given this expensing privilege, Lynch Roybal-Allard to recommit. Maloney Ruppersberger Wilson (FL) and we would put more people back to With that, I yield back the balance of Markey Rush Woolsey Matsui Ryan (OH) Yarmuth work. my time. Bulk Handling Systems, they make The SPEAKER pro tempore. Without NOES—246 recycling systems in my district. They objection, the previous question is or- Adams Diaz-Balart Issa had the same answer: If you gave us a dered on the motion to recommit. Aderholt Dold Jenkins million dollars of expensing, we would Alexander Donnelly (IN) Johnson (IL) There was no objection. spend every penny of that on products Altmire Dreier Johnson (OH) The SPEAKER pro tempore. The Amash Duffy Johnson, Sam made in America and put people back question is on the motion to recommit. Amodei Duncan (SC) Jordan to work. Austria Ellmers Kelly The question was taken; and the The bottom line is the Republicans Bachmann Emerson King (IA) Speaker pro tempore announced that want to limit these small businesses, Bachus Farenthold King (NY) the noes appeared to have it. Barletta Fincher Kingston these real job creators, to a $100,000 de- Barrow Fitzpatrick Kinzinger (IL) duction when they could use a million RECORDED VOTE Bartlett Flake Kline dollars in expensing and put more peo- Mr. DEFAZIO. Mr. Speaker, I demand Barton (TX) Fleischmann Labrador a recorded vote. Bass (NH) Fleming Lamborn ple back to work, because their Benishek Flores Lance premise is that the millionaire, the A recorded vote was ordered. Berg Forbes Landry person who got hundreds of millions or The SPEAKER pro tempore. Pursu- Biggert Fortenberry Lankford more in income, that having them not ant to clause 8 and clause 9 of rule XX, Bilbray Foxx Latham this 15-minute vote on the motion to Bilirakis Franks (AZ) LaTourette pay more taxes on their income over $1 Bishop (UT) Frelinghuysen Latta million will create more jobs than the recommit will be followed by 5-minute Black Gallegly Lewis (CA) small business. I don’t buy that. I don’t votes on passage of H.R. 8, if ordered, Blackburn Gardner LoBiondo and the motions to suspend with regard Bonner Garrett Long think the American people buy that. Bono Mack Gerlach Lucas There’s no limit on what they can do to House Resolution 750 and H.R. 4365. Boren Gibbs Luetkemeyer with their huge tax breaks, their very The vote was taken by electronic de- Boustany Gibson Lummis vice, and there were—ayes 181, noes 246, Brady (TX) Gingrey (GA) Lungren, Daniel expensive tax breaks. They can buy an- Brooks Gohmert E. other vacation home in the Caribbean. not voting 3, as follows: Broun (GA) Goodlatte Mack They can buy a Lamborghini. Paris [Roll No. 544] Buchanan Gosar Manzullo Hilton can go on a shopping spree in AYES—181 Bucshon Gowdy Marchant Buerkle Granger Marino London or Paris. Ackerman Chandler Deutch Burgess Graves (GA) Matheson This bill limits the expensing and the Andrews Chu Dicks Burton (IN) Graves (MO) McCarthy (CA) purchase of equipment to products Baca Cicilline Dingell Calvert Griffin (AR) McCaul Baldwin Clarke (MI) Doggett Camp Griffith (VA) McClintock made in the United States of America. Barber Clarke (NY) Doyle Campbell Grimm McHenry I want to see things made in this coun- Bass (CA) Clay Duncan (TN) Canseco Guinta McIntyre try again. I want to put Americans Becerra Cleaver Edwards Cantor Guthrie McKeon back to work, not people overseas. Berkley Clyburn Ellison Capito Hall McKinley Berman Cohen Engel Carter Hanna McMorris It’s time that we admitted that we Bishop (GA) Connolly (VA) Eshoo Cassidy Harper Rodgers can’t afford to continue the tax cuts Bishop (NY) Conyers Farr Chabot Harris Meehan over $1 million of income. Blumenauer Cooper Fattah Chaffetz Hartzler Mica Bonamici Costa Filner Coble Hastings (WA) Miller (FL) It would also reduce the deficit over Boswell Costello Frank (MA) Coffman (CO) Hayworth Miller (MI) 10 years by $29 billion after we create Brady (PA) Courtney Fudge Cole Heck Miller, Gary jobs, after we give this expensing privi- Braley (IA) Critz Garamendi Conaway Hensarling Mulvaney lege to small businesses. Brown (FL) Crowley Gonzalez Cravaack Herger Murphy (PA) Butterfield Cuellar Green, Al Crawford Herrera Beutler Myrick The choice is yours. You can stick Capps Cummings Green, Gene Crenshaw Huelskamp Neugebauer with those who have income over $1 Capuano Davis (CA) Grijalva Culberson Huizenga (MI) Noem million or you can side with small Carnahan Davis (IL) Gutierrez Denham Hultgren Nugent Carney DeFazio Hahn Dent Hunter Nunes businesses and American workers. You Carson (IN) DeGette Hanabusa DesJarlais Hurt Nunnelee decide. Castor (FL) DeLauro Hastings (FL)

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13131 Olson Rokita Stivers Hartzler McIntyre Roskam Rahall Schrader Tierney Palazzo Rooney Stutzman Hastings (WA) McKeon Ross (AR) Rangel Schwartz Tonko Paul Ros-Lehtinen Sullivan Hayworth McKinley Ross (FL) Reyes Scott (VA) Towns Paulsen Roskam Terry Heck McMorris Royce Richardson Scott, David Tsongas Pearce Ross (AR) Thompson (PA) Hensarling Rodgers Runyan Richmond Serrano Van Hollen Pence Ross (FL) Thornberry Herger McNerney Ryan (WI) Rothman (NJ) Sewell Vela´ zquez Peterson Royce Tiberi Herrera Beutler Meehan Scalise Roybal-Allard Sherman Visclosky Petri Runyan Tipton Huelskamp Mica Schilling Ruppersberger Shuler Wasserman Pitts Ryan (WI) Turner (NY) Huizenga (MI) Miller (FL) Schmidt Rush Sires Schultz Platts Scalise Turner (OH) Hultgren Miller (MI) Schock Ryan (OH) Slaughter Waters Poe (TX) Schilling ´ Upton Hunter Miller, Gary Schweikert Sanchez, Linda Smith (WA) Watt Pompeo Schmidt T. Speier Waxman Walberg Hurt Mulvaney Scott (SC) Posey Schock Sanchez, Loretta Stark Welch Walden Issa Murphy (PA) Scott, Austin Price (GA) Schrader Sarbanes Sutton Wilson (FL) Walsh (IL) Jenkins Myrick Sensenbrenner Quayle Schweikert Schakowsky Thompson (CA) Woolsey Webster Johnson (OH) Neugebauer Sessions Reed Scott (SC) Noem Schiff Thompson (MS) Yarmuth West Johnson, Sam Shimkus Rehberg Scott, Austin Jones Nugent Shuster Westmoreland NOT VOTING—3 Reichert Sensenbrenner Jordan Nunes Simpson Whitfield Renacci Sessions Kelly Nunnelee Smith (NE) Akin Cardoza Jackson (IL) Wilson (SC) Ribble Shimkus King (IA) Olson Smith (NJ) Wittman Rigell Shuler King (NY) Owens Smith (TX) b 1819 Wolf Rivera Shuster Kingston Palazzo Southerland Womack Roby Simpson Kinzinger (IL) Paul Stearns So the bill was passed. Woodall Roe (TN) Smith (NE) Kissell Paulsen Stivers The result of the vote was announced Yoder Rogers (AL) Smith (NJ) Kline Pearce Stutzman as above recorded. Rogers (KY) Smith (TX) Young (AK) Labrador Pence Sullivan A motion to reconsider was laid on Rogers (MI) Southerland Young (FL) Lamborn Peterson Terry Rohrabacher Stearns Young (IN) Lance Petri Thompson (PA) the table. NOT VOTING—3 Landry Pitts Thornberry f Lankford Platts Tiberi Akin Cardoza Jackson (IL) Latham Poe (TX) Tipton IRAN THREAT REDUCTION AND LaTourette Pompeo Turner (NY) SYRIA HUMAN RIGHTS ACT OF 2012 b 1811 Latta Posey Turner (OH) Lewis (CA) Price (GA) Upton The SPEAKER pro tempore. The un- So the motion to recommit was re- LoBiondo Quayle Walberg finished business is the vote on the mo- jected. Loebsack Reed Walden Long Rehberg Walsh (IL) tion to suspend the rules and agree to The result of the vote was announced Lucas Reichert Walz (MN) the resolution (H. Res. 750) providing as above recorded. Luetkemeyer Renacci Webster for the concurrence by the House in the The SPEAKER pro tempore. The Lummis Ribble West Lungren, Daniel Rigell Westmoreland Senate amendment to H.R. 1905, with question is on the passage of the bill. E. Rivera Whitfield an amendment, on which the yeas and The question was taken; and the Mack Roby Wilson (SC) nays were ordered. Speaker pro tempore announced that Manzullo Roe (TN) Wittman The Clerk read the title of the resolu- the ayes appeared to have it. Marchant Rogers (AL) Wolf Marino Rogers (KY) Womack tion. RECORDED VOTE Matheson Rogers (MI) Woodall The SPEAKER pro tempore. The Mr. LEVIN. Mr. Speaker, I demand a McCarthy (CA) Rohrabacher Yoder question is on the motion offered by McCaul Rokita Young (AK) recorded vote. McClintock Rooney Young (FL) the gentlewoman from Florida (Ms. A recorded vote was ordered. McHenry Ros-Lehtinen Young (IN) ROS-LEHTINEN) that the House suspend The SPEAKER pro tempore. This the rules and agree to the resolution. will be a 5-minute vote. NOES—171 This will be a 5-minute vote. The vote was taken by electronic de- Ackerman Deutch Kildee The vote was taken by electronic device, and there were—ayes 256, noes 171, Altmire Dicks Kind Andrews Dingell Kucinich vice, and there were—yeas 421, nays 6, not voting 3, as follows: Baca Doggett Langevin not voting 3, as follows: [Roll No. 545] Baldwin Doyle Larsen (WA) [Roll No. 546] Barber Edwards Larson (CT) AYES—256 Bass (CA) Ellison Lee (CA) YEAS—421 Adams Calvert Farenthold Becerra Engel Levin Ackerman Bonner Chu Aderholt Camp Fincher Berkley Eshoo Lewis (GA) Adams Bono Mack Cicilline Alexander Campbell Fitzpatrick Berman Farr Lipinski Aderholt Boren Clarke (MI) Amash Canseco Flake Bishop (NY) Fattah Lofgren, Zoe Alexander Boswell Clarke (NY) Amodei Cantor Fleischmann Blumenauer Filner Lowey Altmire Boustany Clay Austria Capito Fleming Bonamici Frank (MA) Luja´ n Amodei Brady (PA) Cleaver Bachmann Carter Flores Brady (PA) Fudge Lynch Andrews Brady (TX) Clyburn Bachus Cassidy Forbes Braley (IA) Garamendi Maloney Austria Braley (IA) Coble Barletta Chabot Fortenberry Brown (FL) Gonzalez Markey Baca Brooks Coffman (CO) Barrow Chaffetz Foxx Butterfield Green, Al Matsui Bachmann Broun (GA) Cohen Bartlett Chandler Franks (AZ) Capps Green, Gene McCarthy (NY) Bachus Brown (FL) Cole Barton (TX) Coble Frelinghuysen Capuano Grijalva McCollum Baldwin Buchanan Conaway Bass (NH) Coffman (CO) Gallegly Carnahan Gutierrez McDermott Barber Bucshon Connolly (VA) Benishek Cole Gardner Carney Hahn McGovern Barletta Buerkle Conyers Berg Conaway Garrett Carson (IN) Hanabusa Meeks Barrow Burgess Cooper Biggert Connolly (VA) Gerlach Castor (FL) Hastings (FL) Michaud Bartlett Burton (IN) Costa Bilbray Costa Gibbs Chu Heinrich Miller (NC) Barton (TX) Butterfield Costello Bilirakis Cravaack Gibson Cicilline Higgins Miller, George Bass (CA) Calvert Courtney Bishop (GA) Crawford Gingrey (GA) Clarke (MI) Himes Moore Bass (NH) Camp Cravaack Bishop (UT) Crenshaw Gohmert Clarke (NY) Hinchey Moran Becerra Campbell Crawford Black Critz Goodlatte Clay Hinojosa Murphy (CT) Benishek Canseco Crenshaw Blackburn Cuellar Gosar Cleaver Hirono Nadler Berg Cantor Critz Bonner Culberson Gowdy Clyburn Hochul Napolitano Berkley Capito Crowley Bono Mack Denham Granger Cohen Holden Neal Berman Capps Cuellar Boren Dent Graves (GA) Conyers Holt Olver Biggert Capuano Culberson Boswell DesJarlais Graves (MO) Cooper Honda Pallone Bilbray Carnahan Cummings Boustany Diaz-Balart Griffin (AR) Costello Hoyer Pascrell Bilirakis Carney Davis (CA) Brady (TX) Dold Griffith (VA) Courtney Israel Pastor (AZ) Bishop (GA) Carson (IN) Davis (IL) Brooks Donnelly (IN) Grimm Crowley Jackson Lee Pelosi Bishop (NY) Carter DeFazio Broun (GA) Dreier Guinta Cummings (TX) Perlmutter Bishop (UT) Cassidy DeGette Buchanan Duffy Guthrie Davis (CA) Johnson (GA) Peters Black Castor (FL) DeLauro Bucshon Duncan (SC) Hall Davis (IL) Johnson (IL) Pingree (ME) Blackburn Chabot Denham Buerkle Duncan (TN) Hanna DeFazio Johnson, E. B. Polis Blumenauer Chaffetz Dent Burgess Ellmers Harper DeGette Kaptur Price (NC) Bonamici Chandler DesJarlais Burton (IN) Emerson Harris DeLauro Keating Quigley

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13132 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Deutch Johnson, E. B. Pelosi Tipton Walsh (IL) Wilson (FL) Cuellar Hultgren Olver Diaz-Balart Johnson, Sam Pence Tonko Walz (MN) Wilson (SC) Culberson Hunter Owens Dicks Jordan Perlmutter Towns Wasserman Wittman Cummings Hurt Palazzo Dingell Kaptur Peters Tsongas Schultz Wolf Davis (CA) Israel Pallone Doggett Keating Peterson Turner (NY) Waters Womack Davis (IL) Issa Pascrell Dold Kelly Petri Turner (OH) Watt Woodall DeFazio Jackson Lee Pastor (AZ) Donnelly (IN) Kildee Pingree (ME) Upton Waxman Woolsey DeGette (TX) Paulsen Doyle Kind Pitts Van Hollen Webster Yarmuth DeLauro Jenkins Pearce Dreier King (IA) Platts Vela´ zquez Welch Yoder Denham Johnson (GA) Pelosi Duffy King (NY) Poe (TX) Visclosky West Young (AK) Dent Johnson (OH) Pence Duncan (SC) Kingston Polis Walberg Westmoreland Young (FL) DesJarlais Johnson, E. B. Perlmutter Edwards Kinzinger (IL) Pompeo Walden Whitfield Young (IN) Deutch Johnson, Sam Peters Ellison Kissell Posey Diaz-Balart Jordan Peterson Ellmers Kline Price (GA) NAYS—6 Dingell Keating Petri Emerson Labrador Price (NC) Amash Johnson (IL) Kucinich Doggett Kelly Pingree (ME) Engel Lamborn Quayle Duncan (TN) Jones Paul Dold Kildee Pitts Eshoo Lance Quigley Donnelly (IN) Kind Platts Farenthold Landry Rahall NOT VOTING—3 Doyle King (IA) Poe (TX) Farr Langevin Rangel Akin Cardoza Jackson (IL) Dreier King (NY) Polis Fattah Lankford Reed Duffy Kingston Pompeo Filner Larsen (WA) Rehberg Duncan (SC) Kinzinger (IL) Posey Fincher Larson (CT) Reichert b 1826 Duncan (TN) Kissell Price (GA) Fitzpatrick Latham Renacci So (two-thirds being in the affirma- Edwards Kline Price (NC) Flake LaTourette Reyes Ellison Kucinich Quayle Fleischmann Latta Ribble tive) the rules were suspended and the Ellmers Labrador Quigley Fleming Lee (CA) Richardson resolution was agreed to. Emerson Lance Rahall Flores Levin Richmond The result of the vote was announced Engel Landry Rangel Forbes Lewis (CA) Rigell as above recorded. Eshoo Langevin Reed Fortenberry Lewis (GA) Rivera Farenthold Lankford Rehberg Foxx Lipinski Roby A motion to reconsider was laid on Farr Larsen (WA) Reichert Frank (MA) LoBiondo Roe (TN) the table. Fattah Larson (CT) Renacci Franks (AZ) Loebsack Rogers (AL) Filner Latham Reyes Frelinghuysen Lofgren, Zoe Rogers (KY) f Fincher LaTourette Ribble Fudge Long Rogers (MI) Fitzpatrick Latta Richardson Gallegly Lowey Rohrabacher THRIFT SAVINGS FUND Flake Lee (CA) Richmond Garamendi Lucas Rokita Fleischmann Levin Rigell Gardner Luetkemeyer Rooney CLARIFICATION ACT Fleming Lewis (CA) Rivera Garrett Luja´ n Ros-Lehtinen The SPEAKER pro tempore. The un- Flores Lewis (GA) Roby Gerlach Lummis Roskam Forbes Lipinski Roe (TN) Gibbs Lungren, Daniel Ross (AR) finished business is the vote on the mo- Fortenberry LoBiondo Rogers (AL) Gibson E. Ross (FL) tion to suspend the rules and pass the Foxx Loebsack Rogers (KY) Gingrey (GA) Lynch Rothman (NJ) bill (H.R. 4365) to amend title 5, United Frank (MA) Lofgren, Zoe Rogers (MI) Gohmert Mack Roybal-Allard States Code, to make clear that ac- Franks (AZ) Long Rohrabacher Gonzalez Maloney Royce Frelinghuysen Lowey Rokita Goodlatte Manzullo Runyan counts in the Thrift Savings Fund are Fudge Lucas Rooney Gosar Marchant Ruppersberger subject to certain Federal tax levies, as Gallegly Luetkemeyer Ros-Lehtinen Gowdy Marino Rush amended, on which the yeas and nays Garamendi Luja´ n Roskam Granger Markey Ryan (OH) Gardner Lummis Ross (AR) Graves (GA) Matheson Ryan (WI) were ordered. Garrett Lungren, Daniel Ross (FL) Graves (MO) Matsui Sa´ nchez, Linda The Clerk read the title of the bill. Gerlach E. Rothman (NJ) Green, Al McCarthy (CA) T. The SPEAKER pro tempore. The Gibbs Lynch Roybal-Allard Green, Gene McCarthy (NY) Sanchez, Loretta question is on the motion offered by Gibson Mack Royce Griffin (AR) McCaul Sarbanes Gingrey (GA) Maloney Runyan Griffith (VA) McClintock Scalise the gentleman from Utah (Mr. Gohmert Manzullo Ruppersberger Grijalva McCollum Schakowsky CHAFFETZ) that the House suspend the Gonzalez Marchant Rush Grimm McDermott Schiff rules and pass the bill, as amended. Goodlatte Marino Ryan (OH) Guinta McGovern Schilling Gosar Markey Ryan (WI) Guthrie McHenry Schmidt This will be a 5-minute vote. Gowdy Matheson Sa´ nchez, Linda Gutierrez McIntyre Schock The vote was taken by electronic de- Granger Matsui T. Hahn McKeon Schrader vice, and there were—yeas 414, nays 6, Graves (GA) McCarthy (CA) Sanchez, Loretta Hall McKinley Schwartz answered ‘‘present’’ 1, not voting 9, as Graves (MO) McCarthy (NY) Sarbanes Hanabusa McMorris Schweikert Green, Al McCaul Scalise Hanna Rodgers Scott (SC) follows: Green, Gene McClintock Schakowsky Harper McNerney Scott (VA) [Roll No. 547] Griffin (AR) McCollum Schiff Harris Meehan Scott, Austin Griffith (VA) McDermott Schilling Hartzler Meeks Scott, David YEAS—414 Grijalva McGovern Schmidt Hastings (FL) Mica Sensenbrenner Adams Blackburn Carson (IN) Grimm McHenry Schock Hastings (WA) Michaud Serrano Aderholt Blumenauer Carter Guinta McIntyre Schrader Hayworth Miller (FL) Sessions Alexander Bonamici Cassidy Guthrie McKeon Schwartz Heck Miller (MI) Sewell Altmire Bonner Castor (FL) Gutierrez McKinley Schweikert Heinrich Miller (NC) Sherman Amash Bono Mack Chabot Hahn McMorris Scott (SC) Hensarling Miller, Gary Shimkus Amodei Boren Chaffetz Hall Rodgers Scott (VA) Herger Miller, George Shuler Andrews Boswell Chandler Hanabusa McNerney Scott, Austin Herrera Beutler Moore Shuster Austria Boustany Chu Hanna Meehan Scott, David Higgins Moran Simpson Baca Brady (PA) Cicilline Harper Mica Sensenbrenner Himes Mulvaney Sires Bachmann Brady (TX) Clarke (MI) Harris Michaud Serrano Hinchey Murphy (CT) Slaughter Bachus Braley (IA) Clarke (NY) Hartzler Miller (FL) Sessions Hinojosa Murphy (PA) Smith (NE) Baldwin Brooks Clay Hastings (WA) Miller (MI) Sewell Hirono Myrick Smith (NJ) Barber Broun (GA) Cleaver Hayworth Miller (NC) Sherman Hochul Nadler Smith (TX) Barletta Brown (FL) Clyburn Heck Miller, Gary Shimkus Holden Napolitano Smith (WA) Barrow Buchanan Coble Heinrich Miller, George Shuler Holt Neal Southerland Bartlett Bucshon Coffman (CO) Hensarling Moore Shuster Honda Neugebauer Speier Barton (TX) Buerkle Cohen Herger Moran Simpson Hoyer Noem Stark Bass (NH) Burgess Cole Herrera Beutler Mulvaney Sires Huelskamp Nugent Stearns Becerra Burton (IN) Conaway Higgins Murphy (CT) Slaughter Huizenga (MI) Nunes Stivers Benishek Butterfield Connolly (VA) Himes Murphy (PA) Smith (NE) Hultgren Nunnelee Stutzman Berg Calvert Conyers Hinchey Myrick Smith (NJ) Hunter Olson Sullivan Berkley Camp Cooper Hinojosa Nadler Smith (TX) Hurt Olver Sutton Berman Campbell Costa Hirono Napolitano Smith (WA) Israel Owens Terry Biggert Canseco Costello Hochul Neal Speier Issa Palazzo Thompson (CA) Bilbray Cantor Courtney Holden Neugebauer Stark Jackson Lee Pallone Thompson (MS) Bilirakis Capito Cravaack Holt Noem Stearns (TX) Pascrell Thompson (PA) Bishop (GA) Capps Crawford Honda Nugent Stivers Jenkins Pastor (AZ) Thornberry Bishop (NY) Capuano Crenshaw Hoyer Nunes Stutzman Johnson (GA) Paulsen Tiberi Bishop (UT) Carnahan Critz Huelskamp Nunnelee Sullivan Johnson (OH) Pearce Tierney Black Carney Crowley Huizenga (MI) Olson Sutton

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13133 Terry Van Hollen Whitfield in El Paso County, Colorado, originally the flow of information free from govern- Thompson (CA) Vela´ zquez Wilson (FL) granted to the Mt. Manitou Park and ment control; and Thompson (MS) Visclosky Wilson (SC) Whereas this and past Administrations Thompson (PA) Walberg Incline Railway Company pursuant to Wittman have made a strong commitment to the Thornberry Walden the Act of March 3, 1875, as amended. Wolf multistakeholder model of Internet govern- Tiberi Walsh (IL) Womack The Clerk read the title of the bill. ance and the promotion of the global bene- Tierney Walz (MN) Woodall The SPEAKER pro tempore. The Tipton Waters Woolsey fits of the Internet: Now, therefore, be it Tonko Watt question is on the motion offered by Yarmuth Resolved by the House of Representatives (the Towns Waxman the gentleman from Colorado (Mr. Yoder Senate concurring), That it is the sense of Tsongas Webster Young (FL) LAMBORN) that the House suspend the Congress that the Assistant Secretary of Turner (NY) Welch rules and pass the bill, as amended. Commerce for Communications and Informa- Turner (OH) West Young (IN) Upton Westmoreland The question was taken; and (two- tion, in consultation with the Deputy Assist- thirds being in the affirmative) the ant Secretary of State and United States Co- NAYS—6 rules were suspended and the bill, as ordinator for International Communications Ackerman Jones Paul amended, was passed. and Information Policy, should continue Bass (CA) Meeks Young (AK) A motion to reconsider was laid on working to implement the position of the ANSWERED ‘‘PRESENT’’—1 the table. United States on Internet governance that clearly articulates the consistent and un- Johnson (IL) f equivocal policy of the United States to pro- NOT VOTING—9 EXPRESSING SENSE OF CONGRESS mote a global Internet free from government control and preserve and advance the suc- Akin Jackson (IL) Wasserman ON GOVERNANCE OF THE INTER- Cardoza Kaptur Schultz NET cessful multistakeholder model that governs Dicks Lamborn the Internet today. Mr. WALDEN. Mr. Speaker, I move Hastings (FL) Southerland The SPEAKER pro tempore. Pursu- to suspend the rules and agree to the ant to the rule, the gentleman from Or- b 1833 concurrent resolution (H. Con. Res. 127) egon (Mr. WALDEN) and the gentle- So (two-thirds being in the affirma- expressing the sense of Congress regarding actions to preserve and ad- woman from California (Ms. ESHOO) tive) the rules were suspended and the each will control 20 minutes. bill, as amended, was passed. vance the multistakeholder governance model under which the Internet has The Chair recognizes the gentleman The result of the vote was announced from Oregon. as above recorded. thrived. GENERAL LEAVE A motion to reconsider was laid on The Clerk read the title of the con- the table. current resolution. Mr. WALDEN. Mr. Speaker, I ask The text of the concurrent resolution unanimous consent that all Members f is as follows: may have 5 legislative days in which to ANNOUNCEMENT BY THE SPEAKER H. CON. RES. 127 revise and extend their remarks and in- PRO TEMPORE Whereas given the importance of the Inter- sert extraneous materials into the net to the global economy, it is essential RECORD on H. Con. Res. 127. The SPEAKER pro tempore (Mr. that the Internet remain stable, secure, and The SPEAKER pro tempore. Is there HULTGREN). Pursuant to clause 8 of free from government control; objection to the request of the gen- rule XX, proceedings will now resume Whereas the world deserves the access to tleman from Oregon? on motions to suspend the rules pre- knowledge, services, commerce, and commu- There was no objection. viously postponed. nication, the accompanying benefits to economic development, education, and health Mr. WALDEN. Mr. Speaker, I yield f care, and the informed discussion that is the myself such time as I may consume. Mr. Speaker, I rise today in support GOVERNMENT CHARGE CARD bedrock of democratic self-government that the Internet provides; of H. Con. Res. 127, a resolution that ABUSE PREVENTION ACT OF 2012 Whereas the structure of Internet govern- opposes international regulation of the The SPEAKER pro tempore. The un- ance has profound implications for competi- Internet. finished business is the question on tion and trade, democratization, free expres- The resolution was introduced by sion, and access to information; suspending the rules and passing the Mrs. BONO MACK in May and passed the bill (S. 300) to prevent abuse of Govern- Whereas countries have obligations to protect human rights, which are advanced by House Committee on Energy and Com- ment charge cards, as amended. online activity as well as offline activity; merce with bipartisan support from The Clerk read the title of the bill. Whereas the ability to innovate, develop more than 60 Members, including En- The SPEAKER pro tempore. The technical capacity, grasp economic opportu- ergy and Commerce Committee Chair- question is on the motion offered by nities, and promote freedom of expression man UPTON, Ranking Member WAXMAN, the gentleman from Utah (Mr. online is best realized in cooperation with all and my colleague on the Communica- CHAFFETZ) that the House suspend the stakeholders; tions and Technology Subcommittee, Whereas proposals have been put forward rules and pass the bill, as amended. Ranking Member ESHOO. I, too, am The question was taken; and (two- for consideration at the 2012 World Con- ference on International Telecommuni- pleased to be an original cosponsor of thirds being in the affirmative) the cations that would fundamentally alter the this important resolution. rules were suspended and the bill, as governance and operation of the Internet; Nations from across the globe will amended, was passed. Whereas the proposals, in international meet in December for the World Con- A motion to reconsider was laid on bodies such as the United Nations General ference on International Telecommuni- the table. Assembly, the United Nations Commission cations in Dubai. There, the 193 mem- on Science and Technology for Development, f ber countries of the United Nations and the International Telecommunication will consider whether to apply to the ACCEPTANCE OF RELINQUISH- Union, would justify under international law increased government control over the Inter- Internet a regulatory regime that the MENT OF RAILROAD RIGHT OF International Telecommunications WAY NEAR PIKE NATIONAL FOR- net and would reject the current multistakeholder model that has enabled the Internet Union created for old-fashioned tele- EST, COLORADO to flourish and under which the private sec- phone service, as well as whether to The SPEAKER pro tempore. The un- tor, civil society, academia, and individual swallow the Internet’s nongovern- finished business is the question on users play an important role in charting its mental organization’s structure whole suspending the rules and passing the direction; and make it part of the United Na- bill (H.R. 4073) to authorize the Sec- Whereas the proposals would diminish the tions. Neither of these are acceptable freedom of expression on the Internet in retary of Agriculture to accept the favor of government control over content, outcomes. quitclaim, disclaimer, and relinquish- contrary to international law; Now, among those that are sup- ment of a railroad right of way within Whereas the position of the United States portive of such regulation is Russian and adjacent to Pike National Forest Government has been and is to advocate for President Vladimir Putin, who spoke

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13134 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 positively about the idea of ‘‘estab- Nation’s commitment to preserve the ized Internet where censorship could lishing international control over the multistakeholder governance model become the new norm. While there’s no Internet.’’ Some countries have even and to keep the Internet free from question that nations have to work to- proposed regulations that would allow international regulation. The House gether to address challenges to the them to read citizens’ email in the Committee on Energy and Commerce Internet’s growth and stability, such as name of security. H. Con. Res. 127 re- strongly supports House Concurrent cybersecurity, online privacy, and in- jects these proposals by taking the rad- Resolution 127, and I urge the rest of tellectual property protection, these ical position that if the most revolu- my colleagues in the House to join us. issues can best be addressed under the tionary advance in technology, com- I reserve the balance of my time. existing model. merce, and social discourse of the last Ms. ESHOO. Mr. Speaker, I yield my- It’s absolutely essential that the century isn’t broken, well, we self such time as I may consume. United States defend the current model shouldn’t be trying to fix it. I’m very pleased to join with all of of Internet governance at the upcom- The Internet is the greatest vehicle my colleagues. This is an unusual hap- ing Dubai conference this December be- for global progress and improvement pening on the floor, and I hope there cause the very fabric of the free and since the printing press; and despite are lots of people tuned in from C– open Internet is at stake. the current economic climate, the SPAN listening and watching, because So I urge all of my colleagues to sup- Internet continues to grow at an aston- it is one of the few times that we’ve port this bipartisan resolution which ishing pace. Cisco estimates that by come together in a true bipartisan, 100 reflects, as I said a few months ago, a 2016 roughly 45 percent of the world’s percent bipartisan way. viewpoint already shared by the Obama population will be Internet users, there I want to pay tribute to the gentle- administration, the Federal Commu- will be more than 18.9 billion network woman from California, Representative nications Commission, and the U.S. connections, and the average speed of BONO MACK, for her leadership on this. delegation to the WCIT, and unite in mobile broadband will be four times And I’m very, very pleased to join her opposition to proposals that threaten faster than it is today. and all of the members of the Energy the innovation, openness, and trans- The ability of the Internet to grow at and Commerce Committee on H. Con. parency enjoyed by Internet users this staggering pace is due largely to Res. 127. around the world. With that, Mr. Speaker, I reserve the the flexibility of the multi-stakeholder As I said, this is bipartisan and it’s bicameral, and it demonstrates the bi- balance of my time. approach that governs the Internet Mr. WALDEN. I’m now honored to partisan commitment of the Congress today. Nongovernmental institutions yield 3 minutes to the gentlewoman now manage the Internet’s core func- to preserve the open structure and from California (Mrs. BONO MACK), the multistakeholder approach that has tions, with input from private and pub- sponsor of this legislation, the chair- guided the Internet over the past two lic sector participants. This structure man of the Commerce, Manufacturing, decades. prevents governmental or nongovern- and Trade Subcommittee of the Energy The distinguished chairman of our mental actors from controlling the de- and Commerce Committee, and a very subcommittee said that he hopes the sign of the network or the content that active and effective member of the sub- administration will remain on this. it carries. committee I chair, the Communica- The administration was there before 1840 tions and Technology Subcommittee, b the Congress took action. There is no who has put a lot of time into making Without one entity in control, the light between the administration, the sure the Internet remains free and Internet has become a driver of jobs executive branch, the Senate or the open. This is her resolution. We thank and information, business expansion, House, and that’s the way it should be. investment and, indeed, innovation. her for her work. Through this open and transparent Mrs. BONO MACK. Mr. Speaker, I Now, moving away from that multi- structure, Mr. Speaker, the Internet thank my dear colleague for yielding stakeholder model, Mr. Speaker, would has literally transformed into a plat- me the time. harm these abilities and would prevent form supporting thousands of innova- Today, if you browse the Internet and the Internet from spreading prosperity tive companies, applications, and serv- enter the search words ‘‘Russia, China, and freedom. ices, not just in the United States, but human rights violations,’’ you’ll get In May, the Subcommittee on Com- in communities around the world. back nearly 300 million hits. Think munications and Technology invited a I’m very, very proud, because my about it. Five simple words, 300 million panel of witnesses, including Federal congressional district is very much a hits. Communications Commissioner Robert part of Silicon Valley, and many of In the future, how many of these sto- McDowell, to discuss the effects an these companies helped to launch these ries will you actually be able to read if international regulatory regime would innovations. In fact, since 1995—this is Russian President Vladimir Putin and have on the Internet. All agreed that really stunning—venture capital funds China’s Communist Party are allowed such a regime would not only endanger have invested approximately $250 bil- to exert unprecedented control over the Internet, but would endanger glob- lion—with a B, dollars—in industries Internet governance? al development on a much larger scale. reliant on an open Internet, including Here are two words you should House Concurrent Resolution 127 ex- $91.8 billion on software alone. Google: ‘‘Good luck.’’ presses the commitment of Congress to But later this year, the World Con- As the United States prepares to do all that it can to keep the Internet ference on International Telecommuni- take part in the World Conference on free from an international regulatory cations—at the committee, we call it International Telecommunications in regime. WCIT, that’s a lot easier—will take up Dubai, we need to provide the delega- I’m pleased to report that earlier proposals that represent a really funda- tion with a clear and unmistakable today, Ambassador Kramer, the leader mental departure from the Inter- mandate: Keep the Internet free of any of the U.S. delegation to the WCIT, national Telecommunications Regula- and all government control. gave a speech outlining the position of tions adopted in 1988. Nearly 25 years At the WCIT discussions, a new trea- the United States that seems to be em- ago, this treaty provided a framework ty on Internet governance will be de- bracing the very principles contained for how telecommunications traffic is bated. Most worrisome to me are ef- in this resolution. Now, my hope is handled among countries, but much forts by some countries to provide the that the administration stays on this has changed since that time. U.N. with extraordinary new authority very course. In addition to proposing new regula- over the management of the Internet. As the U.S. delegation continues to tions on broadband services, several That’s bad enough. But unlike the work in advance of the WCIT, House nations, including Russia, are set on U.N. Security Council, the U.S. will Concurrent Resolution 127 is an excel- asserting intergovernmental control not have veto power to prevent censor- lent bipartisan demonstration of our over the Internet, leading to a balkan- ship or despotic actions which could

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13135 threaten freedom everywhere. To pre- cause decisions over the structure of solidate the control of the Internet vent this from happening, I introduced the Internet have been made by non- into a U.N.-centered body, which would House Concurrent Resolution 127. governmental, expert organizations. lead to free speech and access restric- I want to thank my cosponsors, En- These groups invite the participation tions and abuses. House Concurrent ergy and Commerce Committee Chair- of a number of stakeholders from aca- Resolution 127 will show Congress’ man UPTON, Ranking Member WAXMAN, demia, the private sector, public inter- unity behind this concept, and I Communications and Technology Sub- ests, and other experts, and they’ve strongly urge my colleagues to support committee Chairman WALDEN, and my done a good job of avoiding a lot of the this important resolution. good friend and the Ranking Sub- political interference. Ms. ESHOO. Mr. Speaker, I would committee Member ESHOO for their At a time when some governments now like to yield 3 minutes to the gen- strong bipartisan support in this effort. have actively been blocking users from tleman from Massachusetts (Mr. MAR- I also want to commend Senator RUBIO accessing certain Web sites online, I KEY), who has been a recognized intel- for championing this critically impor- am glad to see my colleagues unite lectual leader on telecommunications tant cause in the Senate. against such repressive actions and in and the Internet for a long time in the In many ways, this is a first-of-its- support of Internet freedom. Opposi- Congress. kind referendum on the future of the tion to Internet censorship has always Mr. MARKEY. I thank the gentlelady Internet. For nearly a decade, the been a very bipartisan issue. I want to for her great leadership. United Nations has been angling quiet- make that clear because sometimes I have served 36 years on the Tele- ly to become the epicenter of Internet this issue gets confused with other pol- communications Subcommittee. No governance. A vote for our resolution icy issues like net neutrality. Some of Member of Congress has ever done this. is a vote to keep the Internet free from my colleagues have argued that net I know that this is an important mo- government control, and to prevent neutrality supporters somehow favor ment. This is an important resolution Russia, China, India, and other nations Internet censorship. I believe that because the Internet today is indispen- from succeeding in giving the U.N. un- users should be able to surf the Inter- sable to our economy, intricately precedented control over Web content net however they want to without linked to innovation worldwide, and and infrastructure. being blocked from certain Web sites initiates the free flow of ideas around Last year, e-commerce topped $200 or services, which is what net neu- the planet. It is the most successful billion in the U.S. for the first time trality is all about as well, so I think communications and commercial me- and is up 15 percent so far this year. We opposing censorship and favoring net dium in the history of the world. also continue to lead the world in on- neutrality go hand in hand. In testimony before the Tele- line innovation, creating millions of Mr. Speaker, I am glad to see this communications Subcommittee in jobs and bolstering our economy at a resolution move forward in a bipar- May, Vint Cerf, known to many as the time when we really need it. tisan fashion. I urge my colleagues to ‘‘Father of the Internet,’’ explained: These proposed treaty changes, support it. To allow any rules that would sequester which have been going on in secret, Mr. WALDEN. I now yield 3 minutes this innovation and inhibit others would could have a devastating impact world- to a member of the Judiciary Com- damage the future of the Internet dramati- wide on both freedom and economic mittee who chairs the Intellectual cally. prosperity. If this power grab is suc- Property, Competition, and the Inter- I could not agree more. That is why cessful, I’m concerned that the next net Subcommittee and who has been I strongly support this bipartisan reso- Arab Spring will instead become a Rus- one of our terrific leaders on the Re- lution with Ms. ESHOO, Mr. WAXMAN, sian Winter where free speech is publican side on the Internet with re- Mr. WALDEN, and Mrs. BONO MACK. This chilled, not encouraged, and the Inter- gard to keeping it free and open, the is why we have to be out here together. net becomes a wasteland of unfulfilled gentleman from Virginia (Mr. GOOD- It is why we must send a bipartisan sig- hopes, dreams, and opportunities. LATTE). nal to the rest of the world that the We cannot let this happen. I urge my Mr. GOODLATTE. I would like to United States will defend an open colleagues to vote ‘‘yes’’ for this reso- thank Chairman WALDEN for his great Internet. lution, and say ‘‘no’’ to online censor- work in this area and for his leadership The World Wide Web is essential to ship by foreign governments. on this issue. our economy. Companies large and Ms. ESHOO. Mr. Speaker, at this I rise to strongly support House Con- small rely on the Web regardless of time I yield 2 minutes to the gen- current Resolution 127. whether their commercial aspirations tleman from Pennsylvania (Mr. Mr. Speaker, several hostile coun- are local or global. The Internet’s DOYLE), a highly regarded member of tries continue to pursue a U.N. take- worldwide scope has also helped to fos- our committee. over of the Internet through an organi- ter community and cultural commu- Mr. DOYLE. Mr. Speaker, I want to zation known as the International nications across the planet. We have add my support for this important res- Telecommunication Union, or ITU, recently witnessed the power of social olution to safeguard the Internet from which is an agency within the United media in toppling dictators and in pro- government control. I’d like to thank my friend and col- Nations. In fact, a push is being made moting democracy across the globe. to negotiate international control of What makes the Internet so special is league, MARY BONO MACK, and my other colleagues from the Energy and the Internet in Dubai this December. the decentralized, open system that Commerce Committee for introducing The U.N. is the absolute last entity currently governs it. It is chaotic; it is this measure, and I was delighted to that should have anything to do with impossible to control; and the multi- become an original cosponsor. managing the functioning of the Inter- stakeholder process that is in place net. today ensures the Internet’s vibrancy b 1850 Currently, the private, nonprofit will continue into the future. This bipartisan resolution sends a ICANN, which is the Internet Corpora- Here, domestically, we have to en- clear message to the United Nations. It tion for Assigned Names and Numbers, sure that the broadband barons don’t tells the International Telecommuni- performs this function. While ICANN is close down this cacophony of voices cation Union, which is the U.N. arm far from perfect, having this responsi- which are heard and stifle innovation. handling telecommunications issues, bility rest with a private entity helps But globally, yes, a number of coun- not to adopt regulations that would foster market principles and is the tries, including China and Russia, are make it easier for governments to ex- most efficient way to administer the now proposing measures that strike at ercise tracking, surveillance, or cen- Internet’s domain name system and the core of what makes the Internet sorship online. root servers. great. Their proposals could stifle inno- The Internet has developed into the We must remain vigilant against ef- vation, cripple job growth, muzzle revolutionary medium it is today be- forts by foreign governments to con- democratic principles. These proposed

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13136 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 measures include bringing the Internet We know that the multistakeholder With that, I yield back the balance of under intergovernmental control and approach is critical to the continued my time. imposing fees for relaying Internet robust growth of the Internet. We also Mr. WALDEN. Mr. Speaker, I yield traffic or termination rates for deliv- know that the transparent, multi- myself as much time as I may con- ering Internet traffic to its end des- stakeholder model has made the Inter- sume. tination. net such a hugely successful global Tonight, the U.S. House of Rep- We have to resist and reject these re- platform for economic growth, human resentatives will send a clear and dis- gressive ideas. It would undermine the rights, and the free flow of informa- tinct message not only to our nego- essence of the Internet. It would take tion. tiators but to the world that we stand us back to the days when, in the sat- b 1900 for liberty and we stand for freedom. ellite world, it was the controlling gov- When it comes to the Internet, both of I’m proud to stand with my col- ernmental officials in countries that those are incredibly important. leagues on both sides of the aisle to say actually decided what ideas could go The Internet has brought us eco- into that country and made people pay that America is going to stand up for freedom, we’re going to stand up for nomic prosperity not here alone but all exorbitant rates in order to get access over the globe. The Internet has al- to those ideas. The Internet—this technology, and we’re not going to allow anyone, whatever their inten- lowed for political discourse as never packet switch system that was in- imagined by the great scholars of vented in the United States—breaks tions may be, to threaten the freedom of the Internet to succeed. Greece and Rome. It’s brought us intel- down those barriers. We must ensure lectual capabilities. If you think about I appreciate Mrs. BONO MACK’s efforts that we keep Internet freedom. Thank what you can do on the Internet today you all for bringing this great resolu- in this regard, along with Ms. ESHOO’s, and the entire committee. I’m proud to to research something, to evaluate tion out to the floor here this evening. something, there are an unlimited Mr. WALDEN. I reserve the balance be a cosponsor of the measure. I look forward to its resounding success in a number of sources of data. It’s im- of my time. proved our lives. It’s improved our Ms. ESHOO. Mr. Speaker, I would vote tomorrow. Mr. WALDEN. Mr. Speaker, I con- lives through our political systems. It’s now like to yield 3 minutes to my dis- allowed people who thought they had tinguished colleague from California, tinue to reserve the balance of my time. no opportunity to effect change to have Representative ZOE LOFGREN, who is an overwhelming effect by commu- respected in the House for her knowl- Ms. ESHOO. Mr. Speaker, how much time do I have? nicating together. This really is a vote edge, not only of technology, but of all for liberty. It’s a vote for freedom. It’s the wraparound issues that are a part The SPEAKER pro tempore. The gentlewoman from California has 8 min- a vote for free speech. It’s a vote for of it. the things that our Founders believed Ms. ZOE LOFGREN of California. utes remaining. in when they gave us the Constitution Thank you, Representative ESHOO, and Ms. ESHOO. I’ll just make some clos- and the Bill of Rights. It’s our version thank you to all who have brought this ing comments because I don’t have of that. important bipartisan resolution for- anyone else who is here to speak to ward. this. We know that there are forces out I remember, as the Internet was be- Mr. Speaker, I think that everyone there in the world that are opposed to ginning to take off commercially, that who has spoken has really spoken all of those things, because they want we had a discussion here in the govern- beautifully about this issue, about command and control of their people, ment. Again, it was bipartisan, and what the Internet represents not only and that’s not right. We have an oppor- there was an understanding that the to individuals, businesses, students, tunity tonight to send a clear and con- Commerce Department was not going how it has changed how we live, how vincing message that we stand in to be able to run the Internet. We did we work, how we learn, and the jobs America for freedom of the Internet, something that was a risk, but it that it has produced, what it has done for no government anywhere in the worked out pretty well. We created for our national economy, but also globe taking charge of it and shutting ICANN, which basically allowed a what it has done relative to exporting it down and denying that great human multistakeholder, nongovernmental democracy. Of course, the United spirit that we believe in so much here organization to do the technology, to States is front and center in this. in America. assign the names and numbers. They’ve It’s a very interesting thing to me to Mr. Speaker, I ask my colleagues to not been perfect but not half bad. examine those countries that are join us in a unanimous show of support. What is before us today is a threat to thinking another way and want to im- I thank my staff and the staff of Rep- what has been, as my colleague Mr. pose that thinking on the Internet. resentative ESHOO and Ranking Mem- MARKEY has said, the greatest force in There are far more closed societies ber WAXMAN for their good work on modern times for communication, for where freedom of thought, freedom of this, and especially to my colleague growth, for low-barrier entry into inno- expression is not valued the way we do from California, MARY BONO MACK, who vation—the Internet. Whether it is to and other democracies do. So we need raised this with us early on and worked tax it or to censor it for political or to form partnerships with other coun- closely to write a piece of legislation, cultural reasons, we are aware that tries around the world to make sure that, as you can see in a sometimes there are those around the world who that the democratizing effect that the otherwise controversial House, has wish to burn the Internet. We need to Internet actually holds will continue. brought us all together. That’s a real take a stand in this body and with our I’m proud to join again with my col- tribute to Congresswoman BONO administration to say ‘‘no’’ to that. leagues, with Mr. WALDEN, the distin- MACK’s work. Whether the attempts to control the guished chairman of our subcommittee, With that, Mr. Speaker, I call on my Internet from the top down come from and Representative BONO MACK, who colleagues to support this resolution, an international body like the Inter- led the effort with this resolution. I’m and I yield back the balance of my national Telecommunication Union or proud that we’re all together. And I al- time. from international trade agreements ways want to thank our staff, both on Mr. WAXMAN. Mr. Speaker, I am pleased to and treaties—and there have been the majority and the minority side of join Representative ESHOO, Representative many threats to the Internet that have the aisle, for the work that they do on BONO MACK, Representative UPTON, and Rep- been included in our international the committee. I thank you all, and I resentative WALDEN as an original co-sponsor treaties or even sometimes from our salute you. I look forward to a unani- of this resolution. own government—we need to stand up mous vote of the United States House The Internet has been a unique and power- and protect the Internet and the free- of Representatives in support of a free ful driver of social and economic progress. A dom that it embodies. and open Internet. critical element of that success has been the

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00082 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13137 open manner in which the Internet is gov- RESOLVING ENVIRONMENTAL AND makes publicly available, an explanation of erned. Rather than relying on centralized con- GRID RELIABILITY CONFLICTS such determination.’’. trol by governments, the Internet instead ACT OF 2012 (b) TEMPORARY CONNECTION OR CONSTRUC- TION BY MUNICIPALITIES.—Section 202(d) of the adopts a multi-stakeholder model in which all Mr. OLSON. Mr. Speaker, I move to Federal Power Act (16 U.S.C. 824a(d)) is amend- who have an interest can have a voice in the suspend the rules and pass the bill ed by inserting ‘‘or municipality’’ before ‘‘en- Internet’s operation. (H.R. 4273) to clarify that compliance gaged in the transmission or sale of electric en- Lately, however, the multi-stakeholder with an emergency order under section ergy’’. model towards Internet governance has been 202(c) of the Federal Power Act may The SPEAKER pro tempore. Pursu- under assault on the global stage. In a few not be considered a violation of any ant to the rule, the gentleman from months at the World Conference on Inter- Federal, State, or local environmental Texas (Mr. OLSON) and the gentleman national Telecommunications in Dubai in De- law or regulation, and for other pur- from Pennsylvania (Mr. DOYLE) each cember, the International Telecommunication poses, as amended. will control 20 minutes. Union may consider proposals that could fun- The Clerk read the title of the bill. The Chair recognizes the gentleman damentally alter the way the Internet operates. The text of the bill is as follows: from Texas. Some of these proposals, if adopted, would H.R. 4273 GENERAL LEAVE undermine the successful decentralized ap- Be it enacted by the Senate and House of Rep- Mr. OLSON. Mr. Speaker, I ask unan- proach to Internet governance and impose a resentatives of the United States of America in imous consent that all Members may government-controlled management regime, Congress assembled, have 5 legislative days in which to re- thereby threatening citizens’ access to content SECTION 1. SHORT TITLE. vise and extend their remarks and in- and information via the Internet as well as the This Act may be cited as the ‘‘Resolving Envi- sert extraneous materials in the global free flow of information online. ronmental and Grid Reliability Conflicts Act of RECORD on H.R. 4273. We cannot allow this to happen. 2012’’. The SPEAKER pro tempore. Is there The Obama Administration has worked dili- SEC. 2. AMENDMENTS TO THE FEDERAL POWER objection to the request of the gen- gently to ensure that the Internet remains a ACT. tleman from Texas? tool for the global dissemination of ideas, in- (a) COMPLIANCE WITH OR VIOLATION OF ENVI- There was no objection. formation, and commerce. In doing so, the Ad- RONMENTAL LAWS WHILE UNDER EMERGENCY Mr. OLSON. Mr. Speaker, I yield my- ORDER.—Section 202(c) of the Federal Power ministration continues the work of previous Act (16 U.S.C. 824a(c)) is amended— self as much time as I may consume. Administrations of both parties in protecting a (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and Mr. Speaker, I rise today in support global open Internet as a tool that benefits citi- (2) by adding at the end the following: of H.R. 4273, Resolving Environmental zens around the world. ‘‘(2) With respect to an order issued under this and Grid Reliability Conflicts Act of In May, the Subcommittee on Communica- subsection that may result in a conflict with a 2012. tions and Technology held a hearing to exam- requirement of any Federal, State, or local envi- My colleagues and I carefully drafted ine proposals that would change the Internet ronmental law or regulation, the Commission this bill to resolve a conflict between shall ensure that such order requires genera- governance model. the Federal Power Act and environ- tion, delivery, interchange, or transmission of mental laws and regulations that, if At that hearing we heard from witnesses electric energy only during hours necessary to from the Administration and experts with a meet the emergency and serve the public inter- left unresolved, could create serious long history of working on issues relating to est, and, to the maximum extent practicable, is problems for the reliability of our Na- Internet governance. The witnesses all agreed consistent with any applicable Federal, State, or tion’s electric grid. that the United States must continue to resist local environmental law or regulation and mini- Every year, as the heat of summer any proposals that would undermine the multi- mizes any adverse environmental impacts. settles in across our country and de- stakeholder model. Their testimony reinforced ‘‘(3) To the extent any omission or action mand surges for electricity, the poten- taken by a party, that is necessary to comply my belief that Democrats and Republicans in tial for dangerous power outages with an order issued under this subsection, in- grows. Some States, such as California, Congress must stand united with the Adminis- cluding any omission or action taken to volun- tration in its efforts to resist proposals that tarily comply with such order, results in non- and my home State of Texas, are being would undermine the existing multi-stake- compliance with, or causes such party to not warned by electricity regulators that holder approach. comply with, any Federal, State, or local envi- reserve margins could dip dangerously I am pleased that so many Democrats and ronmental law or regulation, such omission or low. Republicans have signed on as co-sponsors action shall not be considered a violation of Texas is expected to have a 2,500 such environmental law or regulation, or subject of this resolution. megawatt shortfall in generating ca- such party to any requirement, civil or criminal pacity—equivalent to five large power This large, bipartisan coalition of co-spon- liability, or a citizen suit under such environ- sors demonstrates that there is support across plants—as early as 2014. This shortfall mental law or regulation. could cause rolling blackouts across the political spectrum for continuing the multi- ‘‘(4)(A) An order issued under this subsection stakeholder model that allows the Internet to that may result in a conflict with a requirement Texas that have the potential to im- thrive. We urge the Administration to continue of any Federal, State, or local environmental pact more than 25 million people. to resist international efforts to allow greater law or regulation shall expire not later than 90 b 1910 government control of the Internet, and I urge days after it is issued. The Commission may renew or reissue such order pursuant to para- As we’ve seen happen before in our my colleagues to vote for this resolution. graphs (1) and (2) for subsequent periods, not to country, and as we are watching it un- The SPEAKER pro tempore. The exceed 90 days for each period, as the Commis- fold in India this week, an unexpected question is on the motion offered by sion determines necessary to meet the emergency loss of power can result in significant the gentleman from Oregon (Mr. WAL- and serve the public interest. harm to human health and the environ- DEN) that the House suspend the rules ‘‘(B) In renewing or reissuing an order under ment. and agree to the concurrent resolution, subparagraph (A), the Commission shall consult Prior experience shows that in rare H. Con. Res. 127. with the primary Federal agency with expertise in the environmental interest protected by such and limited circumstances, emergency The question was taken. law or regulation, and shall include in any such actions are needed to ensure the reli- The SPEAKER pro tempore. In the renewed or reissued order such conditions as able delivery of electricity. In these opinion of the Chair, two-thirds being such Federal agency determines necessary to circumstances, the Department of En- in the affirmative, the ayes have it. minimize any adverse environmental impacts to ergy has a tool of last resort to address Mr. WALDEN. Mr. Speaker, on that I the maximum extent practicable. The conditions, the emergency. That tool is an emer- demand the yeas and nays. if any, submitted by such Federal agency shall gency order issued under section 202(c) The yeas and nays were ordered. be made available to the public. The Commission of the Federal Power Act. DOE can may exclude such a condition from the renewed The SPEAKER pro tempore. Pursu- or reissued order if it determines that such con- order a power plant to generate elec- ant to clause 8 of rule XX, further pro- dition would prevent the order from adequately tricity when outages occur due to ceedings on this question will be post- addressing the emergency necessitating such weather events, equipment failures, or poned. order and provides in the order, or otherwise when the electricity supply is too low

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13138 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 and could cause a blackout. As they This is proof that we can find common suant to section 202(c) of the Federal should, DOE can force a company to ground when working to address a crit- Power Act may result in such a con- comply with a 202(c) order even if it ical glitch in Federal law and provide flict with an environmental law or reg- means a technical violation of environ- reliable energy supply to all Ameri- ulation, it shall expire not later than mental law. Unfortunately, under cur- cans. 90 days after issuance. This is to ensure rent law, a company or individual can I want to thank committee Chairman that DOE continues to have the nec- be held liable for this technical viola- FRED UPTON, Ranking Member HENRY essary authority to ‘‘keep the lights tion even when they are acting under a WAXMAN, and Subcommittee Chairman on’’ in true emergencies. Federal order to avoid a blackout. ED WHITFIELD and Ranking Member It then gives DOE the opportunity to In recent years, these conflicting BOBBY RUSH for their support and as- renew or reissue such an order for an Federal laws have resulted in lawsuits sistance in moving this bill forward. I additional 90-day period after con- and heavy fines for electricity pro- also want to thank my colleagues on sulting with the appropriate Federal viders who were complying with DOE the committee, GENE GREEN and MIKE agencies and including conditions sub- orders. A power generator in San Fran- DOYLE, for working with me to fix this mitted by such agencies to mitigate cisco had to pay a significant sum as a problem and to keep power running for adverse environmental impacts. DOE settlement after they were ordered by all Americans in an emergency. may exclude a recommended condition DOE to exceed their emissions limits Mr. Speaker, I urge my colleagues to from the order if it determines the con- to avoid a blackout. Unless Congress support this commonsense, bipartisan dition would prevent the order from passes legislation to resolve the poten- legislation that protects energy con- adequately addressing the emergency. tial conflict of laws, the effectiveness sumers, the environment, and those Mr. Speaker, this bill is the result of of this tool is in jeopardy. who provide the power. many months of work with members As testimony this year before the I reserve the balance of my time. on both sides of the Energy and Com- House Energy and Commerce Com- Mr. DOYLE. Mr. Speaker, I yield my- merce Committee. It is supported by mittee confirms, the next time DOE in- self as much time as I may consume. both the chairman and the ranking vokes 202(c), the power generator may The bill before us today is the result member of the committee. And I ask choose to fight the order in court if it of efforts from both sides of the aisle to my colleagues to support it also. conflicts with an environmental law. find a solution that really works for in- I want to thank the gentleman from Conflicting Federal laws put a power dustry, government, and our environ- Texas (Mr. OLSON). It has been a pleas- generator in a no-win situation—either ment. ure to work with him on this piece of sue DOE to comply with environmental Currently, the Department of Energy legislation. It is my hope that all our laws or be sued by third parties for has the authority to issue a ‘‘must- colleagues also support this legislation. compliance with DOE orders. run’’ order to a power provider in emer- Mr. Speaker, I reserve the balance of H.R. 4273 eliminates the legal conflict gency cases to protect grid reliability. my time. facing power generators and their cus- At the same time, environmental laws Mr. OLSON. I thank my colleague tomers by providing a needed safety and regulations could prohibit a com- from Pennsylvania for his kind words. valve, which clarifies that compliance pany from complying with a DOE Mr. Speaker, at this time, I see no with an emergency order under section must-run order. So a company is left in colleagues on my side of the aisle look- 202(c) of the Federal Power Act may the position of choosing which law it ing to speak, so I will reserve the bal- not be considered a violation of any violates—environmental rules or an ance of my time. Federal, State, or local environmental emergency order from the Department Mr. DOYLE. Mr. Speaker, it is a law or regulation. of Energy. pleasure for me to now yield such time Emergency orders are not issued In fact, Mr. Speaker, this has hap- as he may consume to the gentleman lightly and only under extreme power pened in the past. During the Cali- from Texas (Mr. GENE GREEN), a valu- reliability scenarios. In the last 30 fornia energy crisis, and as recently as able member of our Energy and Com- years, this authority has only been 2005 in Virginia, a company was issued merce Committee. used six times. But when the need emergency orders by the Department Mr. GENE GREEN of Texas. Mr. arises, my legislation will ensure that of Energy. To comply with those or- Speaker, I would like to thank both my DOE works to minimize any adverse ders, the company was temporarily in colleague from Pennsylvania and also environmental impacts, meaning they noncompliance with environmental my neighbor in Texas, Congressman must balance environmental interests law. Therefore, after complying with OLSON, for making sure we get this bill with reliability needs. an emergency must-run order, the com- to the floor today. While I believe DOE may need to use pany was both fined and forced to set- I rise in strong support of H.R. 4273, its emergency authority more often in tle a citizen lawsuit. If it happens once, the Resolving Environmental and Grid the future given the strain EPA’s new twice, or 50 times, it will never be prop- Reliability Conflicts Act of 2012. This power sector rules will put on the elec- er for the Federal Government to put a bipartisan legislation addresses a long- tric grid, I still expect DOE emergency company in the position of choosing standing conflict in Federal law where authority orders to be the exception, which law to violate. a company or individual can be held not the rule. Reliability concerns for our electric liable for violating environmental laws In those rare instances when the au- grid are real, and power plant retire- when complying with a Federal order thority is invoked, we should not pun- ments are being announced nearly to generate power to avoid blackouts. ish generators that are simply fol- every week. In June, the North Amer- Section 202(c) of the Federal Power lowing orders from the Federal Govern- ican Electric Reliability Corporation Act gives the Department of Energy ment. That’s why we must amend the issued their summer reliability assess- the authority to order an electric-gen- Federal Power Act so that generators ment. They told us that reserves in erating facility to operate to avoid a are not forced to choose between com- Texas are coming up short to meet reliability emergency. At the same pliance with an emergency order and peak demand and that the California time, environmental laws and regula- environmental regulations. reserve margin will be extremely tight. tions may restrict the operation of This conflict is why I introduced this So this bill will fix a clear conflict in power plants or transmission lines. bipartisan legislation to allow Amer- Federal laws with a narrow, targeted So if a company or publicly owned ica’s power companies to comply with approach. This bill will ensure that the utility is ordered by the DOE to oper- Federal orders to maintain grid reli- Department of Energy will have the ate under section 202(c) and at the ability during a power emergency with- ability to keep the lights on while still same time is prohibited from operating out facing lawsuits or penalties. protecting the environment. in accordance with the DOE order due I am extremely pleased with the bi- The bill before us simply clarifies to environmental limitations, the oper- partisan support this bill has received. that if an emergency order issued pur- ator must choose which legal mandate

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13139 to follow. These conflicting legal man- conditioning will come on when it’s by forcing a utility to comply with one federal dates should not complicate an electric hot. And lives will be saved. agency and then be fined by another for com- reliability crisis. I urge my colleagues to vote for H.R. plying. The bill before us eliminates this con- As a long-time member of the Energy 4273, and I yield back the balance of my tradiction and will provide certainty to utilities and Commerce Committee and sometime. that might need to operate under an order in one who has worked on both reliability Mr. WAXMAN. I would like to make a few the future. I believe the compromise nego- and environmental legislation during comments on the committee process for H.R. tiated will allow environmental protections to that time, I can honestly say it was 4273. stay in place while ensuring the Department of never our intention to put electric-gen- As introduced, I had substantial concerns Energy has the tools it needs in order to re- erating facilities in the position of hav- about H.R. 4273. The introduced bill gave the spond quickly to true emergencies. ing to choose between compliance with Department of Energy unprecedented and un- Of the few emergency orders that have one law over another. checked new authority to waive any federal, been issued under the Federal Power Act, And while there have only been a state or local environmental law if DOE deter- most have been short term propositions. If an couple of instances to date where a mines there is an emergency with respect to emergency order violates an environmental generator has been in this situation, electric power, and the only references to en- law, the negotiated compromise will allow the the potential for conflict will only vironmental safeguards in the bill were hor- Department of Energy to react to an emer- grow as several coal-fired plants are tatory. This approach was unacceptable. I also gency situation and quickly issue a 90 day scheduled to be taken offline in the believed that the bill was unnecessary, as fed- order which is longer than most of the orders coming years. eral agencies already have the tools nec- that have been implemented. Should the And as my Pennsylvania colleague essary to resolve any conflicts between envi- emergency last longer than 90, the Depart- noted, we have potential reliability ronmental requirements and emergency or- ment is required to consult with the appro- issues in my and Mr. OLSON’s home ders. priate Federal agency of the violated environ- State of Texas. Even though we are However, the bill’s sponsors, the committee mental law. The appropriate agency will sub- under a separate grid—ERCOT—it’s im- Chairman, and the affected industry were will- mit its recommendations on how to tailor the portant that we have this distinction ing to engage in serious, substantive negotia- extended order to minimize violations adverse corrected. tions to improve the bill, which produced sig- environmental impacts. The Department of En- nificant improvements. The version of the bill b 1920 ergy may exclude recommendations it be- reported from Committee is narrower in scope lieves will interfere with implementation of the That’s why Congress needs to address and effect, and provides some environmental emergency order. this issue, right here, right now or else safeguards. I believe this is a good piece of compromise we risk threatening our electrical reli- I would like to extend my thanks to all of the legislation that solves an unnecessary con- ability. H.R. 4273 clarifies that if an participants in the negotiations for a good-faith tradiction in current law. I urge all my col- emergency order issued pursuant to and productive process. In particular, I would leagues to support the Olson bill. section 202(c) of the Federal Power Act like to thank Mr. DOYLE and Mr. GREEN for The SPEAKER pro tempore. The may result in a conflict with an envi- their leadership and hard work on making im- question is on the motion offered by ronmental law or regulation, the order provements and producing a bill that can be the gentleman from Texas (Mr. OLSON) shall expire no later than 90 days after supported on a broad bipartisan basis. I also that the House suspend the rules and issuance. This is to ensure that DOE want to thank Chairman UPTON and Sub- pass the bill, H.R. 4273, as amended. continues to have the necessary au- committee Chairman WHITFIELD and Rep- The question was taken; and (two- thority to ‘‘keep the lights on’’ in true resentative OLSON for working with us. The thirds being in the affirmative) the emergencies. language of this bill represents a delicate com- rules were suspended and the bill, as However, it then gives DOE the op- promise that was very carefully negotiated, amended, was passed. portunity to renew or reissue the order and changes to the bill before us could well A motion to reconsider was laid on for an additional 90-day period only jeopardize that broad support. the table. after consulting with the appropriate H.R. 4273, as it is before us today, requires f Federal agencies and including condi- any emergency order that may result in a con- RESIDENTIAL AND COMMUTER tions submitted by these agencies to flict with environmental requirements to require TOLL FAIRNESS ACT OF 2011 mitigate the adverse environmental generation only during the hours necessary to impacts. meet the emergency and to minimize any ad- Mr. CRAWFORD. Mr. Speaker, I This is not a messaging bill. This is verse environmental impacts to the maximum move to suspend the rules and pass the not an anti-EPA bill or an anti air extent practicable. The reported bill also limits bill (H.R. 897) to provide authority and toxic standards bill. Instead, it’s a the length of such an order to 90 days, and sanction for the granting and issuance commonsense bill that would address a requires any renewed order to include any of programs for residential and com- very worrisome deficiency in current conditions identified by the relevant federal en- muter toll, user fee, and fare discounts law that is only going to become more vironmental agency as necessary to minimize by States, municipalities, other local- prominent in the coming years. any environmental impacts. ities, and all related agencies and de- This is one of a handful of bills that In discussions and testimony on the bill, partments, and for other purposes. The Clerk read the title of the bill. actually was supported by both Demo- DOE officials informed the Committee that in The text of the bill is as follows: crats and Republicans in the Energy any situation where time permits, they always H.R. 897 and Commerce Committee. It also has consult with and rely on the relevant expert support from the utility industry. environmental agency with respect to mini- Be it enacted by the Senate and House of Rep- That’s why I encourage my colleagues resentatives of the United States of America in mizing environmental impacts of an emer- Congress assembled, on both sides of the aisle to support the gency order, and they assured the Committee SECTION 1. SHORT TITLE. bill. that they would continue this practice. This as- This Act may be cited as the ‘‘Residential Mr. OLSON. Mr. Speaker, I reserve surance is important to my support for the bill. and Commuter Toll Fairness Act of 2011’’. the balance of my time to close. Mr. DINGELL. Mr. Speaker, I am proud that SEC. 2. FINDINGS AND PURPOSES. Mr. DOYLE. Mr. Speaker, we have no the Energy & Commerce Committee has been (a) FINDINGS.—Congress finds the fol- further speakers, and at this time I able to come up with another bipartisan piece lowing: yield back the balance of my time. of legislation that addresses a significant prob- (1) Residents of various localities and political subdivisions throughout the United Mr. OLSON. Mr. Speaker, in closing, lem. I thank Chairman UPTON, Ranking Mem- H.R. 4273 is a bipartisan, commonsense States are subject to tolls, user fees, and ber WAXMAN, as well as my good friends Mr. fares to access certain roads, highways, piece of legislation that ensures that GREEN and Mr. DOYLE. The work they and bridges, railroads, busses, ferries, and other during a power crisis, the lights will their staffs put into this bill is admirable. transportation systems. come on when it’s dark, the heat will To quote Charles Dickens’ Oliver Twist, ‘‘the (2) Revenue generated from transportation come on when it’s cold, and the air law is an ass.’’ Current law makes no sense tolls, user fees, and fares is used to support

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13140 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 various infrastructure maintenance and cap- (b) RULEMAKING WITH RESPECT TO THE vide discounted fare or toll rates to ital improvement projects that directly ben- STATE, LOCAL, OR AGENCY PROVISION OF residents faced with undue financial efit commuters and indirectly benefit the re- TOLL, USER FEE OR FARE DISCOUNT PRO- hardships imposed by highway and gional and national economy. GRAMS TO LOCAL RESIDENTS OR COMMUTERS.— bridge tolls. (3) Residents of certain municipalities, States, counties, municipalities, and multi- counties, and other localities endure signifi- jurisdictional transportation authorities We recognize that the residents of cant or disproportionate toll, user fee, or that operate or manage roads, highways, Staten Island are forced to endure fare burdens compared to others who have a bridges, railroads, busses, ferries, or other some of the highest toll burdens in the greater number of transportation options be- transportation systems are authorized to country. The legislation passed by the cause such residents— enact such rules or regulations that may be last Congress would have provided a (A) live in geographic areas that are not necessary to establish the programs author- targeted approach to address the conveniently located to the access points for ized under subsection (a). unique challenges facing communities roads, highways, bridges, rail, busses, ferries, (c) RULE OF CONSTRUCTION.—Nothing in like Staten Island. and other transportation systems; this Act may be construed to limit or other- (B) live on islands, peninsulas, or in other wise interfere with the authority, as of the Unfortunately, unlike Mr. places that are only accessible through a date of the enactment of this Act, of States, McMahon’s bill from last Congress, means that requires them to pay a toll, user counties, municipalities, and multi-jurisdic- H.R. 897 as currently drafted is overly fee, or fare; or tional transportation authorities that oper- broad and raises some potentially seri- (C) are required to pay much more for ate or manage roads, highways, bridges, rail- ous legal issues. transportation access than residents of sur- roads, busses, ferries, or other transpor- A number of highway user organiza- rounding jurisdictions, or in other jurisdic- tation systems. tions, including the American Highway tions across the country, for similar transportation options. The SPEAKER pro tempore. Pursu- Users Alliance, have raised concerns (4) To address this inequality, and to re- ant to the rule, the gentleman from Ar- that H.R. 897 could lead to discrimina- duce the financial hardship often imposed on kansas (Mr. CRAWFORD) and the gen- tion against interstate commerce, and such residents, several State and municipal tleman from Washington (Mr. LARSEN) be used in an attempt to preclude con- governments and multi-State transportation each will control 20 minutes. stitutional challenges to an individual authorities have established programs that The Chair recognizes the gentleman toll or fare discount program. authorize discounted transportation tolls, from Arkansas. Unfortunately, the Committee on user fees, and fares for such residents. (5) Transportation toll, user fee, and fare GENERAL LEAVE Transportation and Infrastructure has discount programs based on residential sta- Mr. CRAWFORD. Mr. Speaker, I ask not held any hearings to examine the tus— unanimous consent that all Members potential implications of this legisla- (A) address actual unequal and undue fi- may have 5 legislative days in which to tion. The Republican leadership has de- nancial burdens placed on residents who live revise and extend their remarks and in- cided to bring this bill to the floor with in areas that are only accessible through a clude extraneous materials on H.R. 897. no notice, at least not to this side of means that requires them to pay a toll, user The SPEAKER pro tempore. Is there the aisle, under suspension of the rules fee, or fare; prior to the important issues raised by (B) do not disadvantage or discriminate objection to the request of the gen- against those individuals ineligible for resi- tleman from Arkansas? this bill being examined and, if nec- dential toll, user fee, or fare discount pro- There was no objection. essary, addressed. grams; Mr. CRAWFORD. Mr. Speaker, I Mr. Speaker, the House should be (C) are not designed to favor the interests yield myself such time as I may con- considering legislation to simply rein- or promote the domestic industry or eco- sume. force the existing right of communities nomic development of the State imple- Because of the geographic area in to reduce the extreme toll burdens menting such programs; which they live, many Americans don’t borne by captive toll payers. We should (D) do not interfere or impose undue bur- have as many transportation options not be considering legislation that dens on commerce with foreign nations or interfere or impose any undue burdens on as others. As a result, these people are could be used to implement programs commerce among the several States, or com- more directly impacted by highway that impede interstate commerce by merce within particular States; and bridge tolls than others who live in encouraging States and public authori- (E) do not interfere or impose undue bur- areas with several transportation op- ties to find ways to shift the burden of dens on the ability of individuals to travel tions. tolls to out-of-State residents, or among, or within, the several States; This bill simply emphasizes that truckers, for that matter, or those (F) do not constitute inequitable treat- State and local governments have the making longer through trips. ment or deny any person within the jurisdic- authority to establish toll programs Not all residential-based toll dis- tion of the United States the equal protec- that offer discounted rates for resi- tion of the laws; and counts are fair or necessarily appro- (G) do not abridge the privileges or immu- dents in specific geographic areas. By priate, but some are. The context and nities of citizens of the United States. exercising such authority, State and how they are implemented are impor- (b) PURPOSES.—The purposes of this Act local governments can mitigate the tant to determining if they are appro- are— impact of tolls on residents who have priate. (1) to clarify the existing authority of fewer transportation options. Unfortunately, as currently drafted, States, counties, municipalities, and multi- I urge my colleagues to join me in H.R. 897 could be used to remove any jurisdictional transportation authorities to supporting the legislation, and I re- case that could be made against a toll establish programs that offer discounted transportation tolls, user fees, and fares for serve the balance of my time. discount program. In that sense, it is residents in specific geographic areas; and Mr. LARSEN of Washington. Mr. overly broad and unreasonable. (2) to authorize the establishment of such Speaker, I yield myself such time as I I would hope that as we move for- programs, as necessary. may consume. ward, we can address the concerns of SEC. 3. AUTHORIZATION OF LOCAL RESIDENTIAL Mr. Speaker, I understand the objec- the highway user community and en- OR COMMUTER TOLL, USER FEE OR tive of the legislation before the House sure that this legislation is not used to FARE DISCOUNT PROGRAMS. today—to clarify the existing author- preclude challenges to toll discount (a) AUTHORITY TO PROVIDE RESIDENTIAL OR COMMUTER TOLL, USER FEE, OR FARE DIS- ity of public authorities to offer dis- programs. COUNT PROGRAMS.—States, counties, munici- counts in transportation tolls to resi- With that, I reserve the balance of palities, and multi-jurisdictional transpor- dents of communities faced with lim- my time. tation authorities that operate or manage ited transportation access and heavy Mr. CRAWFORD. Mr. Speaker, I roads, highways, bridges, railroads, busses, toll burdens. yield such time as he may consume to ferries, or other transportation systems are Last Congress, the House passed the distinguished gentleman from New authorized to establish programs that offer discounted transportation tolls, user fees, or similar legislation. That legislation, at York (Mr. GRIMM), the sponsor of this other fares for residents of specific geo- the time introduced by Mr. McMahon bill. graphic areas in order to reduce or alleviate of New York, reaffirmed the authority Mr. GRIMM. Mr. Speaker, I thank toll burdens imposed upon such residents. of States and local governments to pro- the gentleman from Arkansas.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13141 Just to clarify the record, this bill, what can already be done, and I ask for The question was taken; and (two- which I stand in strong support of—but the strong support of my colleagues. thirds being in the affirmative) the actually before that, let me just say Mr. LARSEN of Washington. Mr. rules were suspended and the bill was that I want to thank my colleague and Speaker, I yield myself such time as I passed. friend, GREG MEEKS, for all of his work may consume. A motion to reconsider was laid on on this. It was a true bipartisan effort. First, I would just like to enter in the table. But this bill, all it does is clarify what the RECORD a letter from the American f is already allowed by law. So to say Highway Users Alliance dated August 1 MILLE LACS LAKE FREEDOM TO that it is overly broad, it’s almost ri- expressing concerns about the legisla- FISH ACT OF 2012 diculous because again, all this does is tion. clarify what is already allowed by law. AMERICAN HIGHWAY USERS ALLIANCE, Mr. CRAVAACK. Mr. Speaker, I States and cities already have. There August 1, 2012. move to suspend the rules and pass the were challenges in court that have DEAR MEMBER OF CONGRESS: This after- bill (H.R. 5797) to amend title 46, failed, and the purpose of this legisla- noon, under suspension of the rules, the United States Code, with respect to tion is to make sure that those frivo- House will consider HR 897, the Residential Mille Lacs Lake, Minnesota, and for lous challenges do not continue to go and Commuter Toll Fairness Act of 2011, other purposes, as amended. sponsored by New York City Representatives forward. The Clerk read the title of the bill. Grimm and Meeks. We write to express seri- The text of the bill is as follows: The Residential and Commuter Toll ous concerns about this bill. Fairness Act, I feel it is vital to toll We are on record in support of greater toll- H.R. 5797 discount programs, specifically for my ing accountability and fairness for com- Be it enacted by the Senate and House of Rep- constituents, but for all of New York muters. For example, we have endorsed HR resentatives of the United States of America in and throughout this country. 3684, the Commuter Protection Act, also au- Congress assembled, I would like to also thank Chairman thored by Congressman Grimm. We share SECTION 1. SHORT TITLE. particular concerns about the high costs of This Act may be cited as the ‘‘Mille Lacs Lake MICA, who traveled to my district, to tolling for New York City residents. However Freedom To Fish Act of 2012’’. Staten Island, for moving this bill for- the provisions of HR 897 are not narrowly SEC. 2. MILLE LACS LAKE, MINNESOTA. ward and for seeing firsthand in Staten constructed for New York’s specific problems Notwithstanding any other provision of law, Island the devastating effects and the and have unintended consequences for other the owner or operator of a vessel operating on impacts that tolls can have. toll-payers throughout the country. Mille Lacs Lake, Minnesota, shall not, with re- Again, this bill, all it does is con- HR 897 broadly authorizes local tolling dis- spect to such vessel, be subject to any Federal tinue to clarify and allow the States count programs. If this bill were narrowly requirement under subtitle II of title 46, United and municipal governments to offer the constructed to apply to places like Staten Is- States Code, relating to licensing or vessel in- discounted toll rates to residents for land, New York; where residents are only spection. able to access their homes and businesses via The SPEAKER pro tempore. Pursu- trips taken on roads, bridges, rail, bus, tolled bridges, our concerns would be mini- ferry, and other transportation sys- mal. But HR 897 allows my State or local ju- ant to the rule, the gentleman from tems. risdiction to charge discriminatory toll rates Minnesota (Mr. CRAVAACK) and the gen- I introduced the legislation for one for non-residents, even on the National High- tleman from Washington (Mr. LARSEN) purpose: it was in response to a 2009 way System, and regardless of circumstance each will control 20 minutes. case in which the U.S. Court of Appeals or impact on interstate commerce. The Chair recognizes the gentleman for the Second Circuit questioned the In effect, this bill could actually encourage from Minnesota. more tolls for all and higher tolls for se- constitutionality of discounts for resi- GENERAL LEAVE lected users, authorizing locally popular dents of towns bordering the New York tolling schemes that, in effect, overcharge Mr. CRAVAACK. Mr. Speaker, I ask Thruway. In New York, we simply interstate and long distance travelers who unanimous consent that all Members can’t afford to lose our discounts. have no vote at the local ballot box. have 5 legislative days in which to re- The majority of my district in New If States and local governments widely vise and extend their remarks and in- York City is an island; it’s Staten Is- adopt the practice of tolling non-residents to clude extraneous materials on H.R. land. And the only way to drive on or pay higher rates than locals, it could sharply 5797. off the island is to cross a bridge and increase the costs of interstate tourism and The SPEAKER pro tempore. Is there pay a toll, something many of my con- freight. These are national concerns requir- objection to the request of the gen- ing caution from Congress. The federal gov- stituents do often as part of their daily ernment has an obligation to regulate inter- tleman from Minnesota? commute. Without a discount, it costs state commerce. As such, HR 897 should be There was no objection. $13 to cross the Verrazano Bridge. Yes, revised to ensure that interstate and non- Mr. CRAVAACK. Mr. Speaker, I yield I said $13 without the Staten Island local traffic is not treated unfairly, by State myself as much time as I may con- residential EZ-Pass discount. On the and local tolling authorities. sume. other side of Staten Island, going to Sincerely, Mr. Speaker, in March 2010, the U.S. New Jersey, the cash tolls on three GREGORY M. COHEN, Coast Guard ruled that Mille Lacs President & CEO. bridges have just gone up to $12, and Lake was a federally navigable body of that amount is slated to go up in 2015 Second, I think the gentleman from water based on historical interstate to $15. That’s without the residential New York makes a compelling case for commerce. discount. why the bill should be more narrowly Specifically, the Coast Guard justi- focused. fied their actions by using a U.S. Army b 1930 And third, Mr. Speaker, I may say Corps of Engineers determination from On Staten Island, we have fought things on the floor that people disagree 1981 that said because lumberjacks in long and hard to reach an agreement with, but I do save my almost ridicu- the 1800s floated logs on Mille Lacs on residential toll discounts, which is lous statements for off the floor and Lake and down the Rum River, Mille why this legislation is crucial to mak- not the floor of the House. Lacs Lake should now be made a feder- ing sure we protect those new rates. I yield back the balance of my time. ally navigable water body. Currently, The Residential Commuter Toll Fair- Mr. CRAWFORD. Mr. Speaker, I urge the Rum River is dammed in three ness Act provides clarification only of my colleagues to join me in supporting places, and the same Corps of Engi- the existing authority of local govern- this important legislation, and I yield neers report said that the dams pro- ments to issue or grant transportation back the balance of my time. hibit through navigation. In addition, toll, user fee or fare discount programs The SPEAKER pro tempore. The two previous Army Corps determina- based on residential status. It also pro- question is on the motion offered by tions in 1931 and 1974 also considered vides congressional authorization for the gentleman from Arkansas (Mr. the river nonnavigable. discount programs. Passage of H.R. 897 CRAWFORD) that the House suspend the I would like to submit the U.S. Coast is nothing more than clarification of rules and pass the bill, H.R. 897. Guard determination for the RECORD.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13142 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 MEMORANDUM interstate commerce, the waterway is a unable to provide adequate justifica- From: D. L. Nichols, CAPT, USCG, CGD highway for interstate commerce. See id. at tion for the navigability determination Eight (dl). 405; Wisconsin Public Service Corp. v. Federal beyond the Army Corps report. To: S. L. Hudson, CAPT, USCG, CG Sector Power commission, 147 F.2d 743 (7th Cir. 1945); My legislation would stop fishing Upper Mississippi River (s). United States v. Underwood, 344 F. Supp. 486, guides from being forced to spend over 490 (M.D. Fla. 1972). Subj: Navigability Determination for Mille $2,000 on obtaining a fishing license Lacs Lake, Minnesota. B. In April 1981 the ACOE conducted an historical analysis of commerce on Mille they simply just don’t need. Ulti- Ref: (a) 33 C.F.R. § 2.36; (b) 33 C.F.R. mately, it will allow Minnesotans to § 3.40–1; (c) 33 C.F.R. § 3.45–1. Lacs Lake and the Run River in Minnesota. 1. For the purpose of determining its juris- See encl. (1). Historical accounts in the docu- focus on what is most important—en- dictional authority, the Coast Guard has de- ment reveal a history of interstate com- joying one of Minnesota’s most beau- termined that Mille Lacs Lake is a ‘‘navi- merce on Mille Lacs Lake. Specifically, tiful lakes. gable waterway of the United States.’’ Mille Lacs Lake was ‘‘used in the transpor- This has been fully vetted by the 2. The geographic boundary between the tation of logs’’ from 1848 to 1904, and evi- Mille Lacs Band of Ojibwe and National Eighth Coast Guard District and the Ninth dence shows that at least a portion of the Association of State Boating Law Ad- Coast Guard District currently runs through logs floated were transported to markets ministrators. This legislation is also Mille Lacs Lake. This navigability deter- outside of the state. Encl (1) at 5. 3. Conclusion. Mille Lacs Lake has been supported by the Minnesota Depart- mination is for the entirety of Mille Lacs ment of Labor and Industry, fishing Lake. The Ninth District Legal Staff has re- used in the past as a highway for interstate viewed and agrees with this determination. commerce. The Coast Guard thus determines guides and resort owners, Minnesota 3. No federal statute addresses the naviga- that Mille Lacs Lake is a ‘‘navigable water Anglers for Habitat and Minnesota bility of Mille Lacs Lake, and no federal of the United States’’ and the Coast Guard Outdoor Heritage Alliance. court has determined the navigability of the may properly enforce applicable federal law I would like to submit for the waterway. Furthermore, Mille Lacs Lake is on this waterway. RECORD a letter of support from the not subject to tidal influence. This naviga- Enclosure: Army Corps of Engineers Minnesota Outdoor Heritage Alliance. (ACOE) memo of 2 April 1981: Navigability bility determination is based on the histor- MINNESOTA OUTDOOR Determination for Mille Lacs Lake and Rum ical use of the waterway. Specifically, Mille HERITAGE ALLIANCE, River, Minnesota Lacs Lake has been used, in connection with June 31, 2012. other waters, as a highway for substantial Now the U.S. Coast Guard is forcing REPRESENTATIVE CRAVAACK: As president interstate or foreign commerce. all Mille Lacs Lake fishing guides to of the Minnesota Outdoor Heritage Alliance 4. Navigability determinations are admin- spend time and money to obtain a Fed- (MOHA), I am always interested in legisla- istrative findings based on the criteria set eral boating license. This license and tion that preserves our constitutional right forth in 33 C.F.R. 2.36. The precise definitions associated costs can run well over to hunt and fish, improves sportsmen re- of ‘‘navigable waters of the United States’’ cruitment and retention or increases the and ‘‘navigability’’ are dependent ultimately $2,000, and according to testimony by economic viability of these pursuits for Min- on judicial interpretation and cannot be the U.S. Coast Guard in the Transpor- nesota’s sportsmen and women. Because of made conclusively by administrative agen- tation and Infrastructure Committee, these organizational goals, I am submitting cies. they have to travel to Toledo, Ohio, or this letter in favor of the Mille Lacs Free- 5. This opinion solely represents the opin- St. Louis, Missouri, in order to apply dom to Fish (HR 5797) legislation. Since ion of the Coast Guard as to the extent of its for these licenses in person and to take many Minnesota guides are small, family own jurisdiction to enforce laws and regula- the tests. owned concerns that have been in business tions, and does not represent an opinion as for many years, additional regulations and to the extent of the jurisdiction of the This new U.S. Coast Guard regula- fees are not only unnecessary but also cost United States or any of its agencies. tion is killing jobs by making it im- prohibitive and dangerous to our time hon- practical for some fishing guides to ored way of guiding and fishing. Moving this MEMORANDUM even stay in business and making it legislation forward will address these con- From: CGD Eight. even more expensive for tourists to cerns and update the laws in a way that is To: File. hire their services. not only safe but beneficial for our fishing Subj: Legal Support for Navigability Deter- The Mille Lacs Lake Freedom to Fish industry and our fishing license holders. mination for Mille Lacs Lake, Min- Act removes this burdensome, adminis- Sincerely, nesota. TIM SPRECK, trative overreach from the U.S. Coast MOHA President. Ref: (a) CGD Eight (dl) memo of 3 March 2010, Guard and restores to the State of Min- Navigability Determination for Mille Lacs Senator KLOBUCHAR also introduced nesota the original authority to permit Lake, Minnesota; (b) 33 C.F.R. § 2.36; (c) 33 companion legislation that has been and inspect vessels. C.F.R. § 3.40–1; (d) 33 C.F.R. § 3.45–1. cosponsored by Senator FRANKEN. In I truly appreciate all the Coast 1. Purpose. This memorandum documents the committee markup, Representative the legal basis for the Coast Guard’s deter- Guard does, I truly do. But the State of TIM WALZ and Ranking Member mination of navigability in ref (a). Minnesota already patrols Mille Lacs RAHALL lent their support as well, 2. Discussion. Lake quite well and the Coast Guard’s making this truly a bipartisan and bi- a. Internal waterways of the United States authority over the lake is an unwanted not subject to tidal influence are ‘‘navigable cameral piece of legislation. waters of the United States’’ if they ‘‘[a]re or intrusion. It’s duplicative, and it’s cur- I’d like to thank Geoff Gosselin and have been used, or are or have been suscep- rently nonexistent. This would be a John Rayfield of the Coast Guard Sub- tible for use, by themselves or in connection new area of jurisdiction for the Coast committee staff for their working with with other waters, as highways for substan- Guard requiring additional assets and me on the language of this amendment, tial interstate or foreign commerce, not- manpower. as well as Tom Dillon from legislative withstanding natural or man-made obstruc- The State has rules and inspection tions that require portage.’’ 33 C.F.R. counsel. I would also like to thank Joel procedures in place to keep its resi- Amato, the chief boiler inspector from § 2.36(a)(3)(i)(emphasis added). The test is one dents safe and has been doing so for as of historic navigability. U.S. v. Harrell, 926 the Minnesota Department of Labor F.2d 1036 (11th Cir. 1991). In 1921 the Supreme long as anybody can remember. The and Industry for providing his guidance Court discussed the issue of obstructions by State is perfectly capable of enforcing and expertise, as well as Mr. Kim stating that a waterway ‘‘capable of carrying boating laws on Mille Lacs Lake, and Elverum from the Minnesota Depart- commerce among the states is within the ultimately Mille Lacs Lake belongs to ment of Natural Resources, and George power of Congress to preserve for purposes of Minnesotans and should not be con- Nitti of Nitti’s Hunters Point Resort. future transportation, even though it . . . be trolled by the Federal Government. Although the text of this bill is incapable of such use according to present We heard from the U.S. Coast Guard short, a lot of work went into making methods, either by reason of changed condi- on the issue in a Coast Guard Sub- sure that this accomplishes the goals tions or because of artificial obstructions.’’ committee hearing on May 24, 2011. Economy Light & Power Co. v. U.S., 256 U.S. of restoring jurisdiction to Minnesota. 113, 122 (1921); see also U.S. v. Appalachian Rear Admiral Kevin Cook and Deputy I reserve the balance of my time. Power Co., 311 U.S. 377, 408 (‘‘When once JAG Calvin Lederer testified about the Mr. LARSEN of Washington. Mr. found navigable, a waterway remains so.’’). burden this would impose on Minnesota Speaker, I yield myself as much time When logs are floated on a waterway in fishing guides. Additionally, they were as I may consume.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13143 Mr. Speaker, H.R. 5797 exempts the The text of the bill is as follows: There was no objection. owners and operators of small pas- H.R. 3158 Mr. CRAWFORD. Mr. Speaker, I senger vessels operating on Mille Lacs Be it enacted by the Senate and House of Rep- yield myself such time as I may con- Lake in central Minnesota from U.S. resentatives of the United States of America in sume. Coast Guard licensing and inspection Congress assembled, Mr. Speaker, I’d like to thank Mem- requirements. SECTION 1. SHORT TITLE. bers from both parties who joined in This bill provides rather narrow reg- This Act may be cited as the ‘‘Farmers Un- cosponsoring this bipartisan bill that ulatory relief. However, because this dertake Environmental Land Stewardship will provide regulatory relief to our bill was rushed to legislation, to mark- Act’’ or the ‘‘FUELS Act’’. family farmers, in particular, my col- SEC. 2. APPLICABILITY OF SPILL PREVENTION, league, Mr. BOSWELL. Thank you very up without first having a hearing on CONTROL, AND COUNTERMEASURE the bill itself or having the Sub- RULE. much. committee on Coast Guard and Mari- (a) IN GENERAL.—The Administrator, in The EPA-mandated Oil Spill Preven- time Transportation consider the spe- implementing the Spill Prevention, Control, tion, Control and Countermeasure pro- cific bill, no one can say for sure what and Countermeasure rule with respect to any gram, or SPCC, requires that oil stor- consequences might arise in the future. farm, shall— age facilities with a capacity of over My concerns are somewhat allayed by (1) require certification of compliance with 1,320 gallons make costly infrastruc- such rule by— ture modifications to reduce the possi- learning the State of Minnesota has an (A) a professional engineer for a farm adequate program to regulate vessels with— bility of oil spills. operating on its inland lakes, including (i) an individual tank with an aboveground The regulations require farmers to Mille Lacs. storage capacity greater than 10,000 gallons; construct a containment facility, like Nonetheless, the Coast Guard has ex- (ii) an aggregate aboveground storage ca- a dike or a basin, which must retain 110 pressed concerns that the limitations pacity greater than or equal to 42,000 gal- percent of the fuel in the container. imposed on its vessel safety authorities lons; or These mandated infrastructure im- by this bill could create uncertainty (iii) a history that includes a spill, as de- provements—along with the necessary termined by the Administrator; or and some confusion among the boating inspection and certification by a spe- (B) the owner or operator of the farm (via cially licensed professional engineer— public, especially regarding marine self-certification) for a farm with— casualty investigations and maritime (i) an aggregate aboveground storage ca- will cost many farmers tens of thou- liability. pacity greater than 10,000 gallons but less sands of dollars. In some cases, compli- Notwithstanding these objections, than 42,000 gallons; and ance costs could reach higher than and because the bill, as reported, would (ii) no history of spills, as determined by $60,000 for a single farmer in my dis- no longer vacate the Coast Guard’s 2010 the Administrator; and trict. determination that Mille Lacs Lake is (2) exempt from all requirements of such The SPCC program dates back to rule any farm— navigable, I do not object to the bill 1973, shortly after the Clean Water Act (A) with an aggregate aboveground storage was signed into law. In the last decade, moving forward today. capacity of less than or equal to 10,000 gal- With that, I yield back the balance of lons; and it has strictly come down on agri- my time. (B) no history of spills, as determined by culture, and the rules have been Mr. CRAVAACK. I thank my re- the Administrator. amended, delayed, and extended dozens spected colleague for his kind remarks, (b) CALCULATION OF AGGREGATE ABOVE- of times, creating enormous confusion and I ask my colleagues to join me in GROUND STORAGE CAPACITY.—For the pur- in the farming community. On top of supporting this important legislation poses of subsection (a), the aggregate above- that, the EPA has failed to engage in ground storage capacity of a farm excludes to Minnesota. effective outreach to producers and co- all containers on separate parcels that have operatives on SPCC application. I yield back the balance of my time, a capacity that is less than 1,320 gallons. In 2009, the EPA lifted a 2006 rule as well. SEC. 3. DEFINITIONS. The SPEAKER pro tempore. The In this Act, the following terms apply: that suspended compliance require- question is on the motion offered by (1) ADMINISTRATOR.—The term ‘‘Adminis- ments for small farms with oil storage the gentleman from Minnesota (Mr. trator’’ means the Administrator of the En- of 10,000 gallons or less. The rule ap- CRAVAACK) that the House suspend the vironmental Protection Agency. plies to more than just fuel. In fact, it rules and pass the bill, H.R. 5797, as (2) FARM.—The term ‘‘farm’’ has the mean- applies to hydraulic oil, adjuvant oil, amended. ing given such term in section 112.2 of title crop oil, vegetable oil, and even animal 40, Code of Federal Regulations. fat. It was scheduled to go into effect The question was taken; and (two- (3) GALLON.—The term ‘‘gallon’’ refers to a thirds being in the affirmative) the this past November. United States liquid gallon. Last summer, I headed up an effort rules were suspended and the bill, as (4) SPILL PREVENTION, CONTROL, AND COUN- amended, was passed. TERMEASURE RULE.—The term ‘‘Spill Preven- to send a bipartisan letter with over The title was amended so as to read: tion, Control, and Countermeasure rule’’ 100 cosigners to EPA Administrator ‘‘A bill to exempt the owners and oper- means the regulation promulgated by the Lisa Jackson highlighting problems ators of vessels operating on Mille Lacs Environmental Protection Agency under with the program and requesting a per- Lake, Minnesota, from certain Federal part 112 of title 40, Code of Federal Regula- manent fix. At the very least, I re- tions. requirements.’’. quested a delay so farmers impacted by A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- last year’s natural disasters would the table. ant to the rule, the gentleman from Ar- have more time to comply. The EPA kansas (Mr. CRAWFORD) and the gen- responded only a few weeks before the f tleman from Iowa (Mr. BOSWELL) each November deadline and issued a state- b 1940 will control 20 minutes. ment saying they would not begin en- The Chair recognizes the gentleman forcement until May of 2013. While we FARMERS UNDERTAKE ENVIRON- from Arkansas. were thankful for the delay, this action MENTAL LAND STEWARDSHIP GENERAL LEAVE still didn’t do anything to fix the bur- ACT Mr. CRAWFORD. Mr. Speaker, I ask den on small farms. It just kicked the Mr. CRAWFORD. Mr. Speaker, I unanimous consent that all Members can down the road. move to suspend the rules and pass the may have 5 legislative days in which to The FUELS Act is simple. It revises bill (H.R. 3158) to direct the Adminis- revise and extend their remarks and in- the SPCC regulations to be reflective trator of the Environmental Protection clude extraneous materials on H.R. of a producer’s spill risk and financial Agency to change the Spill Prevention, 3158. resources. The exemption level would Control, and Countermeasure rule with The SPEAKER pro tempore. Is there be adjusted upward from an unwork- respect to certain farms, as amended. objection to the request of the gen- able 1,320 gallons of oil storage to an The Clerk read the title of the bill. tleman from Arkansas? amount that would protect small

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13144 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 farms—10,000 gallons. The proposal So this is a good thing to come forth them for their own personal family as would also place a greater degree of re- with this piece of legislation, to put a well. They’re great stewards of the sponsibility on farmers and ranchers to practical sense, practical application land; that’s how they make their liv- self-certify compliance if their storage to the situation. It’s been delayed and ing. facilities exceed the exemption level. delayed and delayed. In addition to that, they’re careful To add another layer of environmental It refers to American farmers. Amer- guardians of their storage tank because protection, the producer must be able ican farmers are very much dedicated that tank itself, if it spills, they lose a to demonstrate that he or she has no to what they represent. And again, tremendous amount of money; and the history of oil spills. those that, as I do and as I’m sure you margins on a farm are not very high. Mr. Speaker, this legislation is nec- do and others, when we have fuel on I’d like to stand with my colleagues, essary because the existing regulations the farm for whatever reason—to run as well, to say let’s respect the farmer are not only burdensome to small the tractors, the combines, the irriga- for what they’re doing already on their farmers; they’re unenforceable. Ac- tion pumps, or whatever—we’re very land and not send someone from Wash- cording to USDA, the current regula- careful. The cost of the fuel and the ex- ington to come check out their farm tions would bring more than 70 percent posure of it being stolen or something and check out their tank and be able to of farms into the SPCC regulatory net. is something we don’t have a lot of ex- evaluate all those things. Let’s allow This is more than 1.5 million farms in cess sitting around these days anyway. some trust to the commonsense folks the SPCC regulatory net next year Those that are large operators, seems in the country that take care of our alone. to me like quite a few of them have got food and take care of the land and The University of Arkansas, Division a tank wagon. water every single day. of Agriculture did a study recently So I appreciate what you’ve offered With that, I’d urge my colleagues to concluding that the FUELS Act would up here, and I’m very supportive of it. support this. exempt over 80 percent of producers With that, I reserve the balance of b 1950 from SPCC compliance. It could save, my time. in my home State, up to $240 million in Mr. CRAWFORD. Again, thank you, Mr. BOSWELL. Mr. Speaker, we have no other speakers. costs. Over the entire country, it could Mr. BOSWELL, not only for your sup- In closing, I feel like we’ve defined save small farmers up to $3.36 billion. port, but your real-world common what the need is. This will be very This year, the ag sector of the econ- sense as an ag producer. I appreciate it. omy is facing a crisis. Over two-thirds I’d just like to yield 2 minutes to my helpful to the Nation’s producers, and of the Nation is being impacted by esteemed colleague from Oklahoma it’s a step in the right direction. So I will urge agreement and support of drought, and farm revenue has dropped (Mr. LANKFORD) and thank him for his substantially. Food costs are projected patience. H.R. 3158. And thank you again for to skyrocket for consumers. On top of Mr. LANKFORD. I may not even use bringing this forth. I yield back the balance of my time. that, the fate of a multiyear farm bill all 2 minutes of that, but I do want to Mr. CRAWFORD. Mr. Speaker, again is still unknown, creating long-term be able to just tell the story a little bit my thanks to the gentleman from Iowa uncertainty for the agriculture com- of an Oklahoma farm. and to those who spoke tonight. I just munity. The last thing the government The things that they’re up against urge my colleagues to join me in sup- should be doing right now is imposing right now are common to farms all porting this important legislation. a regulation on producers that could across the Midwest. They’re dealing cost our Nation’s family farmers up to I yield back the balance of my time. with drought right now. They’re deal- The SPEAKER pro tempore. The $3.36 billion during next year’s planting ing with the threat of new dust partic- season. There is absolutely no jus- question is on the motion offered by ulate rules coming down from the EPA. the gentleman from Arkansas (Mr. tification for such an expensive regula- They just fought through a battle to tion, especially when the EPA cannot CRAWFORD) that the House suspend the try to be able to have family farms be provide data or even anecdotal evi- rules and pass the bill, H.R. 3158, as able to function with their own kids dence of agriculture spills. amended. By nature of occupation, family working on their family farms or their The question was taken; and (two- farmers are already careful stewards of grandparents’ farms, or their cousin’s thirds being in the affirmative) the the land and water. No one has more at farm down the road—is that permis- rules were suspended and the bill, as stake than those who work on the sible or not—point source pollution amended, was passed. ground from which they derive their rules that are coming down on them. A motion to reconsider was laid on livelihood. Farm truck distance rules, if they the table. want to drive 151 miles in their farm I urge adoption of H.R. 3158 and re- f serve the balance of my time. truck and the new regulations they Mr. BOSWELL. Mr. Speaker, I yield deal with on it. All these different reg- REPORT ON RESOLUTION PRO- myself such time as I may consume. ulations. VIDING FOR CONSIDERATION OF Mr. CRAWFORD, I believe that you And then imagine the Federal Gov- H.R. 6233, AGRICULTURAL DIS- pretty much covered the details of this. ernment contacting them and saying, ASTER ASSISTANCE ACT OF 2012 And I see the gentleman sitting beside on top of all those rules and all those Ms. FOXX, from the Committee on you there and I’m sure he’s going to threatened rules, now you need to go Rules, submitted a privileged report add to it, so I don’t think I’ll spend a find a professional engineer to check (Rept. No. 112–644) on the resolution (H. lot of time repeating what you said. out your fuel tank, and we want to Res. 752) providing for consideration of But I want you to know that as a send a regulator to be able to evaluate the bill (H.R. 6233) to make supple- hands-on farmer producer, I appreciate it. And we want you to have a whole mental agricultural disaster assistance the efforts you put into this to bring new set of rules around your tank as available for fiscal year 2012 with the this forward because there are just too well. It assumes family farms and costs of such assistance offset by many times we see where the farmers farmers don’t take care of their land. changes to certain conservation pro- in your State, my State, and across the Nothing could be further from the grams, and for other purposes, which country are burdened with these extra truth. was referred to the House Calendar and expenses and criteria that they don’t A family farm, and farms all around ordered to be printed. really need. Because you know, I know, the country, these are individuals that f and I think those of us that are famil- they farm that land, they take care of iar with the farming industry, we are that land, that water is very important MARINE DEBRIS ACT stewards of the land. We don’t want to to them. Many of them live on well AMENDMENTS OF 2012 ruin the land; we certainly don’t want water itself, and so a spill into their Mr. YOUNG of Alaska. Mr. Speaker, I to ruin the water. groundwater is incredibly important to move to suspend the rules and pass the

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13145 bill (H.R. 1171) to reauthorize and ‘‘(B) development of effective nonregula- SEC. 10. AUTHORIZATION OF APPROPRIATIONS. amend the Marine Debris Research, tory measures and incentives to coopera- Section 9 (33 U.S.C. 1958) is amended— Prevention, and Reduction Act, as tively reduce the volume of lost and dis- (1) by striking ‘‘are’’ and inserting ‘‘is’’; carded fishing gear and to aid in its recov- (2) by striking ‘‘2006 through 2010’’ and all amended. ery; and that follows through ‘‘(1)’’ and inserting The Clerk read the title of the bill. ‘‘(4) undertake outreach and education of ‘‘through fiscal year 2015’’; The text of the bill is as follows: the public and other stakeholders on sources (3) in paragraph (1), by striking H.R. 1171 of marine debris, threats associated with ma- ‘‘$10,000,000’’ and inserting ‘‘$4,900,000’’; and Be it enacted by the Senate and House of Rep- rine debris, and approaches to identify, de- (4) by striking ‘‘; and’’ and all that follows resentatives of the United States of America in termine sources of, assess, prevent, reduce, through the end of paragraph (2) and insert- Congress assembled, and remove marine debris and its adverse ing a period. SECTION 1. SHORT TITLE. impacts on the United States economy, the The SPEAKER pro tempore. Pursu- marine environment, and navigational safe- This Act may be cited as the ‘‘Marine De- ant to the rule, the gentleman from bris Act Amendments of 2012’’. ty, including outreach and education activi- Alaska (Mr. YOUNG) and the gentleman SEC. 2. REFERENCES. ties through public-private initiatives.’’. Except as otherwise expressly provided, (c) REPEAL.—Section 2204 of the Marine from Washington (Mr. LARSEN) each whenever in this Act an amendment is ex- Plastic Pollution Research and Control Act will control 20 minutes. pressed as an amendment to a section or of 1987 and the item relating to that section The Chair recognizes the gentleman other provision, the reference shall be con- in the table of contents contained in section from Alaska. sidered to be made to a section or other pro- 2 of the United States-Japan Fishery Agree- ment Approval Act of 1987 (33 U.S.C. 1915) are GENERAL LEAVE vision of the Marine Debris Research, Pre- Mr. YOUNG of Alaska. Mr. Speaker, I vention, and Reduction Act (33 U.S.C. 1951 et repealed. (d) GRANT CRITERIA AND GUIDELINES.—Sec- seq.), as in effect immediately before the en- ask unanimous consent that all Mem- tion 3(c) (33 U.S.C. 1952(c)) is amended— actment of this Act. bers have 5 legislative days in which to (1) in paragraph (1), by striking ‘‘section SEC. 3. SHORT TITLE AMENDMENT. revise and extend their remarks and in- 2(1)’’ and inserting ‘‘section 2’’; clude extraneous materials on H.R. Section 1 (33 U.S.C. 1951 note) is amended (2) by repealing paragraph (5); and by striking ‘‘Research, Prevention, and Re- (3) by redesignating paragraphs (6) and (7) 1171. duction’’. as paragraphs (5) and (6). The SPEAKER pro tempore. Is there SEC. 4. PURPOSE. SEC. 6. REPEAL OF OBSOLETE PROVISIONS. objection to the request of the gen- Section 2 (33 U.S.C. 1951) is amended to Section 4 (33 U.S.C. 1953) is amended— tleman from Alaska? read as follows: (1) by striking ‘‘(a) STRATEGY.—’’; and There was no objection. ‘‘SEC. 2. PURPOSE. (2) by repealing subsections (b) and (c). Mr. YOUNG of Alaska. Mr. Speaker, I ‘‘The purpose of this Act is to address the SEC. 7. AMENDMENTS TO DEFINITIONS. yield myself such time as I may con- adverse impacts of marine debris on the (a) INTERAGENCY MARINE DEBRIS COORDI- sume. United States economy, the marine environ- NATING COMMITTEE.— ment, and navigation safety through identi- H.R. 1171, the Marine Debris Act (1) IN GENERAL.—Except as provided in sub- Amendments of 2012, reauthorizes the fication, determination of sources, assess- section (b), section 2203 of the Marine Plastic ment, prevention, reduction, and removal of Pollution Research and Control Act of 1987 National Oceanic and Atmospheric Ad- marine debris.’’. (33 U.S.C. 1914) is redesignated and moved to ministration’s, NOAA, Marine Debris SEC. 5. NOAA MARINE DEBRIS PROGRAM. replace and appear as section 5 of the Marine Program at currently appropriated lev- (a) NAME OF PROGRAM.— Debris Research, Prevention, and Reduction els through 2015. The program has (1) IN GENERAL.—Section 3 (33 U.S.C. 1952) Act (33 U.S.C. 1954). played a crucial role in preventing and is amended— (2) CLERICAL AMENDMENT.—The item relat- reducing the amount of trash on our (A) in the section heading by striking ing to section 2203 in the table of contents beaches and in the ocean. ‘‘PREVENTION AND REMOVAL’’; and contained in section 2 of the United States- (B) in subsection (a)— Japan Fishery Agreement Approval Act of I think it’s important to note that (i) by striking ‘‘Prevention and Removal 1987 is repealed. this program is not regulatory in na- Program to reduce and prevent’’ and insert- (b) BIENNIAL PROGRESS REPORTS.—Section ture. It takes a voluntary approach to ing ‘‘Program to identify, determine sources 5(c)(2) (33 U.S.C. 1954(c)(2)), as in effect im- improving the conditions of our marine of, assess, prevent, reduce, and remove’’; and mediately before the enactment of this Act— environment. (ii) by inserting ‘‘the economy of the (1) is redesignated as subsection (e) of sec- Failure to adequately address marine United States,’’ after ‘‘marine debris on’’; tion 5, as redesignated and moved by the debris has major consequences on our amendment made by subsection (a) of this and economy. Large objects floating in our (iii) by inserting a comma after ‘‘environ- section; and ment’’. (2) is amended— oceans threaten the safe navigation of (2) CONFORMING AMENDMENT.—Paragraph (A) by striking ‘‘ANNUAL PROGRESS RE- cargo ships and recreational boaters. (7) of section 7 (33 U.S.C. 1956) is amended by PORTS.—’’ and all that follows through Derelict fishing gear costs commercial striking ‘‘Prevention and Removal’’. ‘‘thereafter’’ and inserting ‘‘BIENNIAL fishermen millions of dollars in lost (b) PROGRAM COMPONENTS.—Section 3(b) (33 PROGRESS REPORTS.—Bienially’’; revenue. And debris washing up on our U.S.C. 1952(b)) is amended to read as follows: (B) by inserting ‘‘Natural’’ before ‘‘Re- shores forces the closing of beaches, a ‘‘(b) PROGRAM COMPONENTS.—The Adminis- sources’’; major blow to local economies reliant trator, acting through the Program and sub- (C) by redesignating subparagraphs (A) ject to the availability of appropriations, through (E) as paragraphs (1) through (5) of on tourism. shall— such subsection; and In Alaska, NOAA’s Marine Debris has ‘‘(1) identify, determine sources of, assess, (D) by moving such subsection 2 ems to the worked with local partners to conduct prevent, reduce, and remove marine debris, left. more than 20 projects that have re- with a focus on marine debris posing a threat SEC. 8. CONFIDENTIALITY OF SUBMITTED INFOR- moved 750,000 pounds of debris from our to living marine resources and navigation MATION. shoreline since 2006. But the problem of safety; Section 6(2) (33 U.S.C. 1955(2)) is amended marine debris is about to get worse for by striking ‘‘by the fishing industry’’. ‘‘(2) provide national and regional coordi- Alaska and other Pacific coast States. nation to assist States, Indian tribes, and re- SEC. 9. MARINE DEBRIS DEFINITION. gional organizations in identification, deter- Section 7 (33 U.S.C. 1956) is amended— NOAA estimates there’s 1.5 million mination of sources, assessment, prevention, (1) by redesignating paragraph (3) as para- tons of debris headed our way as a re- reduction, and removal of marine debris; graph (9), and moving such paragraph to ap- sult of the 2011 Japanese earthquake ‘‘(3) undertake efforts to reduce adverse pear after paragraph (8); and and the tsunami. impacts of lost and discarded fishing gear on (2) by inserting after paragraph (2) the fol- Alaskans are already finding living marine resources and navigation safe- lowing: Styrofoam, plastic, wood, and other ty, including— ‘‘(3) MARINE DEBRIS.—The term ‘marine de- lightweight debris washing up on our ‘‘(A) research and development of alter- bris’ means any persistent solid material islands. In May, the Coast Guard was natives to gear posing threats to the marine that is manufactured or processed and di- environment, and methods for marking gear rectly or indirectly, and intentionally or un- forced to sink an abandoned Japanese used in specific fisheries to enhance the intentionally, disposed of or abandoned into vessel laden with fuel oil before it tracking, recovery, and identification of lost the marine environment or the Great broke open on the Southeast pan- and discarded gear; and Lakes.’’. handle.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13146 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 Reauthorization of the Marine Debris as reported by the majority, it is im- tion in your own backyard. Eventually, Program is critical to help Alaska and perative that we reauthorize the Ma- there are consequences. other coastal States protect our econo- rine Debris Act today to address this I think that those of us who have mies and ecosystems and ensure the growing threat in our future. done ocean legislation over the years— safety of those transiting our waters. I want to thank the sponsor of the and DON YOUNG has been one of the I want to commend Representative legislation, the gentleman from Cali- greater ones to understand it—realize SAM FARR from California for intro- fornia (Mr. FARR), for his extraor- that, in solving the problem, it’s going ducing this bill. As an original cospon- dinary leadership on this issue. I urge to require local action and that it’s sor of this important bipartisan effort, my colleagues to join me in supporting going to require national and inter- I urge all Members to support the bill. H.R. 1171. national coordination. It’s not our I reserve the balance of my time. I reserve the balance of my time. ocean alone. It goes all over the world, Mr. LARSEN of Washington. Mr. Mr. YOUNG of Alaska. I continue to and things in the ocean go all over the Speaker, I yield myself as much time reserve the balance of my time. world. Just think of the old stories as I may consume. Mr. LARSEN of Washington. Mr. about bottles and where they wind up. Mr. Speaker, I rise in support of H.R. Speaker, I yield as much time as he Now we see with the tsunami that all 1171, bipartisan legislation that reau- may consume to the gentleman from this Japanese land mass stuff that was thorizes the Marine Debris Research California (Mr. FARR). washed into the sea is now showing up Prevention and Reduction Act through Mr. FARR. Mr. Speaker, I truly ap- in Alaska and is showing up in Oregon fiscal year 2016. and has shown up on the beaches in Just this June, on the Pacific coast, preciate the support we’ve seen in a bi- California—in Capitola, where I live. an entire 70-foot dock washed up on the partisan fashion here for this legisla- This problem is also going to require coast of Oregon. This is only one piece tion known as the Marine Debris Act some partnerships between the private of the estimated 1.5 million tons of ma- Amendments of 2012. sector and the fishermen community, rine debris from the disastrous 2011 This bill was first carried and intro- in that it knows where some of these Japanese tsunami that will wash up on duced in the United States Senate by drift nets are, and between the public the west coast. Disasters like this are Senator INOUYE and the late Senator sector. It’s going to require innovative why it is so important that we reau- Ted Stevens. They recognized, Senator thorize this legislation today. INOUYE from Hawaii, the entire island technology. You have to detect it. We Marine debris remains a persistent surrounded by ocean, and so much have found nets that have been left in threat to maritime safety and to the washes up on the shores of the islands, Monterey Bay that are too heavy to health of our oceans and to our lakes. and Alaska, with probably one of the lift out with conventional craft. We’re Thanks to the enactment of the Marine longest coastlines in the United States, going to have to go back to the fishing Debris Research Prevention and Reduc- certainly impacts from the ocean on boats and to the families who lost tion Act in 2006, we now have a much them. And that’s why it’s so nice and those nets and use their fishing boats, better understanding of marine debris wonderful to have my colleague DON which is a private enterprise supported and its impact on our shorelines. YOUNG from Alaska, the only Rep- by the public know-how of how to re- This law led to the establishment of resentative in the House from Alaska, trieve those nets. I think it’s very ex- effective partnerships between the Na- to be a strong proponent of this. citing. It’s certainly going to require tional Oceanic and Atmospheric Ad- As he pointed out, Alaska has al- education so that people don’t keep ministration, or NOAA, and the United ready seen the consequences of not dumping things they don’t want into States Coast Guard. It has led to better having reauthorization when the Japa- the ocean. coordinated research and debris re- nese tsunami has started to wash up. There are consequences for dumping. moval activities, and it built greater They’ve spent, in the first wave of the California is now addressing it in every understanding of the challenges we tsunami debris, Alaska’s already spent local community by just storm water, face in addressing this threat. over $200,000 of State money in just the fact that all the water that falls on Marine debris is a much larger and aerial monitoring of the local debris our streets and roads picks up oil and growing problem than we first thought, from the Japanese tsunami. picks up other stuff that isn’t compat- and with the recent disaster in Japan, What this legislation does in reau- ible with ocean life and washes into it. it will continue to grow. Cleaning up thorization is allow States to receive We have done a lot to clean up sewers marine debris takes coordination be- grants from NOAA so that the States and to say we’re not going to dump tween several agencies and States and can deal with their coastline debris that stuff out into the ocean anymore, requires expensive resources to clean problems. but we’re still allowing other storm water to get out there. California is ad- up. b 2000 Earlier this week, NOAA provided a dressing this almost community by new analysis estimating that it now It is important we do this for an even community, that being: How do we costs the agency, on average, more bigger purpose, which is that, frankly, stop storm water and polluted storm than $4,300 to remove 1 ton of marine life on land is dependent on the quality water from getting into the ocean? debris from the environment. NOAA of life at sea. We know that we have So this legislation of reauthorizing also said that the dock that washed up over the years and decades been dump- debris cleanup is much more than just on the shores of Oregon will cost $85,000 ing everything we don’t like on land— giving NOAA some money to go out alone. and can’t figure out where else to dump there and figure it out. It’s really an Despite what we’ve learned, and de- it—into the ocean. At the same time, entire program of figuring out how to spite the fact that States on the Pa- we take whatever we want out of the keep oceans healthy. cific coast and Hawaii will have to con- ocean. Dumping and taking can upset I appreciate the bipartisan support. I tend with 1.5 million tons of marine de- the system so badly that you have appreciate the leadership of Mr. YOUNG, bris from the 2011 Japanese tsunami for oceans die; and, certainly, we have big and I appreciate the leadership on the years to come, the majority has in- parts of the ocean that are dying be- committees. This bill went to two com- sisted on cutting authorized funding cause of all the debris and waste that mittees—to the Transportation and In- levels for this program in half. Cutting are in the oceans. frastructure Committee and to the authorized funding for this program at What this bill does is allow the Coast Natural Resources Committee. Both this time seems shortsighted, and I’m Guard, in working with NOAA, which is committees passed it out in bipartisan confident that the Senate will insist on the National Oceanic and Atmospheric fashion, and now we have to pass it in the higher authorized funding level in Administration, to jointly look at, the Senate. I hope it’s not too late, and any final compromise bill. monitor and figure out ways to clean I hope Congressman YOUNG will work But despite those reservations about this stuff up. If we don’t do that, we’re with me in getting bipartisan support the reduced funding levels in this bill going to suffer. It’s like living in pollu- in the Senate so that we can get this

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13147 bill to the President and get it signed ing beach cleanups, derelict fishing gear loca- Innovative technology; before the calendar year runs out. tion and removal, and educational campaigns. Education, Research and Prevention. Mr. YOUNG of Alaska. Mr. Speaker, I The program helps to identify, determine The NOAA Marine Debris Program has yield myself such time as I may con- sources of, assess, prevent, reduce, and re- been achieving real successes at sea and on sume. move marine debris, with a focus on marine shore, for a modest amount of funding. But I want to thank the gentleman from debris posing a threat to living marine re- this program expired in 2010 and must be re- California. Mr. FARR has been one of sources and navigation safety. This reauthor- authorized. Over the past 5 years, funding has the leaders who has been concerned izing language would serve to streamline ranged from 3.2 million to 4.9 million dollars. with the oceans, and this debris bill is these programs by avoiding any overlaps or It is clear from the recent tsunami debris crucially important to the State of conflicts with other federal agencies. events—the boat off the coast of Washington California and especially to Alaska. The legislation would help protect the envi- and the dock washed ashore in Oregon—that Mr. FARR came to me many months ronment and the economy of coastal commu- the problem is growing. There is no doubt in ago and said we’ve got to get this done. nities throughout the Nation. Earlier this year, my mind that the Marine Debris Program We’ve got to get this done. A lot of peo- tsunami debris washed ashore the coasts of could effectively spend $10 million dollars a ple weren’t interested, and now we fi- Oregon and Washington, calling attention to year—that is the magnitude of the problem. nally get to a point where we see the need for a comprehensive plan to coordi- And that is what was authorized in 2006. As what’s occurring from the tsunami, al- nate clean-up efforts. Indeed, the impacts of this bill moves through the legislative process, though we may not have that recur the March 2011 tsunami in Japan will continue I hope we can bring up the funding levels. again. to impact our shores over the coming months Most of these funds go to local communities in The crisis in the ocean, though, is and years and this bill gives us the tools to re- the form of grants for marine debris cleanup, detrimental, as I mentioned in my spond to this situation. In particular, Guam education, research, and prevention efforts. opening statement, to the fishermen would greatly benefit from the passage of the Mr. Speaker, NOAA’s Marine Debris Pro- whom I represent and to the rec- Marine Debris Act Amendments of 2012 as it gram is leading the effort to address this grow- reational people whom I represent. So would give states and local communities the ing problem proactively and I thank my col- to get it out of the ocean even before it additional tools needed to effectively care for leagues for passing for H.R. 1171. reaches the beaches is crucially impor- our marine environments and wildlife. Mr. THOMPSON of California. Mr. Speaker, tant. The beaches sometimes are sort Again, I applaud Representative FARR for in- I rise in strong support of the Marine Debris of fun to beachcomb, but if there is troducing this legislation. I thank Chairman Act Reauthorization Amendments, which is im- something bad that’s in the ocean, we MICA, Chairman HASTINGS, Ranking Member portant legislation to my district in Northern should try to retrieve it sooner, if pos- RAHALL and Ranking Member MARKEY for their California and the West Coast. This bipartisan sible; and when it gets there, we really leadership in bringing this important bill which legislation will maintain current efforts to re- want to be able to take care of it. enhances our understanding of the marine en- move marine debris from our coastlines, pro- There should be more money—I won’t vironment to the House floor. I encourage my vide updates on the status of marine debris, disagree with the gentleman from colleagues to continue supporting this impor- and prevent redundant activities among state Washington—but we’re moving this tant legislation that addresses one of the most and federal agencies. down the road. We’ll see what happens serious threats to our oceans today. Marine debris has been a problem for our Mr. FARR. Mr. Speaker, the House passed on the Senate side, and we’ll see if we oceans and coasts for decades. Trash has H.R. 1171, known as the Marine Debris Act can’t get a little more effort, because been filling our oceans and thereby impacting Amendments of 2012. human health, harming wildlife, and littering it’s a partnership program that makes This act reauthorizes the NOAA Marine De- this thing work. A lot of people have bris Program at currently appropriated levels our favorite beaches. For over 25 years, we interest in Alaska and in trying to through fiscal year 2015. It has strong bipar- have been relying heavily on volunteers, non- clean the beaches after it arrives, and tisan support, particularly from my colleague governmental organizations, and local govern- we’re trying to get more people inter- ments to patrol our shores and pick up our DON YOUNG, who was an original co-sponsor. ested in cleaning the ocean up before it Look, nobody wants to go out on the water trash. For example, in 2010 more than 5,400 does arrive. Hopefully, it will work to- or to sit on the beach and see trash. But it’s cars could have been outfitted with the tires gether. not just an eyesore—marine debris is a very found during beach cleanup efforts. The work With that, I reserve the balance of critical problem for marine ecosystems, fish- of these volunteers and organizations is in- my time. eries, and shipping. Marine debris can have valuable and they need our help. Not only in Mr. LARSEN of Washington. I have devastating impacts on the U.S. economy too. terms of their planned cleanup activities, but to no more speakers, and I yield back the For instance, it is estimated that $250 million help in times of catastrophic events that create balance of my time. of marketable lobster is lost annually to dere- debris that is beyond physical and fiscal capa- Mr. YOUNG of Alaska. I have no lict fishing gear, which can also cause up to bilities to remove. more speakers, so I yield back the bal- $792 million per year in damages to boat pro- Today, marine debris is of even more con- ance of my time. pellers. cern since a massive tsunami tragically struck Ms. BORDALLO. Mr. Speaker, I rise today Right now, an estimated 5–20 million tons of the coastline of Japan 16 months ago. The in strong support of H.R. 1171, the Marine De- debris from the Japan’s tsunami are floating disaster claimed nearly 16,000 lives, injured bris Act Amendments of 2012. I want to com- across the Pacific Ocean toward the United 6,000, and destroyed or damaged well over a mend my colleague and friend Congressman States. As this first wave of tsunami debris— million buildings with 130-foot waves. SAM FARR from California for introducing this including a 66-ft dock teaming with over 90 Studies by the Japanese government esti- legislation and continually working for its pas- non-native species—washes ashore, I am as- mate approximately 5 million tons of debris sage. tounded by the magnitude of this disaster’s was swept into the ocean. Of that, 1.5 million As a member of the Subcommittee on Fish- global impact. Cleanup costs can be huge. tons are thought to be heading towards the eries, Wildlife and Oceans, one of my top pri- Alaska has already spent $200,000 just for West Coast of the United States. orities was to take action on legislation to ad- aerial monitoring of the local debris field from As the Congressional representative for the dress our nation’s ocean environment. I am the Japanese tsunami. While the Japanese longest coastline in the lower 48 states, the pleased to say that this legislation, H.R. 1171, tsunami debris resulted from a natural dis- impending arrival of the tsunami debris is of would continue to combat the adverse impacts aster, ocean trash is preventable. utmost concern. It is essential that we have of marine debris on the United States econ- Added to the debris that’s already out fully developed contingency plans to remove omy, the marine environment, and navigation there—is an average of 7 million tons of new debris that hits our shores, especially objects safety through identification, determination of trash dumped into the ocean each year. Solv- that are considered hazardous. sources, assessment, prevention, reduction, ing this problem is going to require: Over the past few months, debris from the and removal of marine debris. Local action, national and international co- Japanese tsunami (ranging from soccer balls This legislation will reauthorize NOAA’s ex- ordination; to 66-foot piers) has landed along the Pacific isting Marine Debris Program to support im- Unique partnerships between private and Coast of the United States. It is clear we can- portant projects throughout the country, includ- public sectors; not deal with this issue without proper funding

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00093 Fmt 0688 Sfmt 9920 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13148 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 and resources. In this economic climate, we SIMILAR RESIDENTIAL SERVICE CON- settlement. Unlike these settlement need to think critically and creatively to de- TRACT FOR REPAIRING OR REPLACING services, a home warranty is not a re- velop funding solutions that address this in- HOME SYSTEM COMPONENTS OR HOME quired service. For a borrower or a con- APPLIANCES.’ crease in marine debris. sumer, the purchase of a home war- ‘‘(3) NOTICE BY REAL ESTATE AGENT OR The reauthorization of the Marine Debris BROKER.—Any person who has contracted to re- ranty is optional. It is a service con- Program by this legislation will facilitate na- ceive payment from a provider of the services de- tract under which a home warranty tional and international efforts to research, scribed in paragraph (1) for recommending the company provides repair or replace- prevent, and reduce the impacts of garbage purchase of a home warranty or similar residen- ment coverage for a home’s system on our shores. Once we pass this crucial leg- tial service contract, and is not an employee of components and/or appliances. A real islation, the next step is to provide funding to such provider, shall provide the potential pur- estate broker or agent typically acts as our states to handle both emergency debris chaser, upon first recommending the purchase a representative for the home warranty of a homeowner warranty or similar residential issues and everyday trash problems. company that offers the home war- service contract, a written notice containing the ranty, and the real estate broker or Marine debris is a global problem with local following language in boldface type that is 10- implications. More than ever, we need knowl- point or larger (with the bracketed matter being agent receives a commission from the edge and guidance on marine debris and I replaced with the information described by such home warranty company for presenting urge a yes vote for H.R. 1171. bracketed matter): the home warranty to the home buyer The SPEAKER pro tempore. The ‘‘ ‘NOTICE: THIS IS TO GIVE YOU NOTICE if the homeowner chooses to purchase question is on the motion offered by THAT [the provider of the notice] HAS RE- the warranty. the gentleman from Alaska (Mr. CEIVED OR WILL RECEIVE COMPENSA- Congress originally delegated RESPA TION FROM [the home warranty company] rulemaking and enforcement authority YOUNG) that the House suspend the FOR [the residential service for which the notice rules and pass the bill, H.R. 1171, as to the U.S. Department of Housing and provider is being compensated]. YOU ARE NOT Urban Development, HUD. For nearly amended. REQUIRED TO PURCHASE A HOME WAR- The question was taken; and (two- RANTY OR A SIMILAR RESIDENTIAL SERV- 20 years, from 1974 to 1992, HUD issued thirds being in the affirmative) the ICE CONTRACT AND IF YOU CHOOSE TO no rules or guidance related to the sale rules were suspended and the bill, as PURCHASE SUCH COVERAGE YOU ARE of a home warranty by a real estate amended, was passed. FREE TO PURCHASE IT FROM ANOTHER broker or agent. A motion to reconsider was laid on PROVIDER’.’’. b 2010 The SPEAKER pro tempore. Pursu- the table. In 1992, HUD issued regulations add- ant to the rule, the gentlewoman from f ing homeowners warranties as a settle- Illinois (Mrs. BIGGERT) and the gen- ment service, but was silent on the RESPA HOME WARRANTY tleman from Georgia (Mr. DAVID matter until recent years. Citing evi- CLARIFICATION ACT OF 2011 SCOTT) each will control 20 minutes. dence to demonstrate a problem with The Chair recognizes the gentle- Mrs. BIGGERT. Mr. Speaker, I move home warranty-related sale practices, woman from Illinois. to suspend the rules and pass the bill commission arrangements, disclosures, (H.R. 2446) to clarify the treatment of GENERAL LEAVE or the product itself between 2008 and homeowner warranties under current Mrs. BIGGERT. Mr. Speaker, I ask 2010, HUD issued an unofficial staff in- law, and for other purposes, as amend- unanimous consent that all Members terpretive rule and the subsequent ed. may have 5 legislative days in which to guidance. In short, after 34 years, with The Clerk read the title of the bill. revise and extend their remarks and no apparent problem with a product The text of the bill is as follows: add extraneous material on this bill. that is not required for closing, HUD H.R. 2446 The SPEAKER pro tempore. Is there determined that, under RESPA, it is a objection to the request of the gentle- Be it enacted by the Senate and House of Rep- violation for a real estate broker or an resentatives of the United States of America in woman from Illinois? agent to be compensated by a home Congress assembled, There was no objection. warranty company for offering a home Mrs. BIGGERT. Mr. Speaker, I yield SECTION 1. SHORT TITLE. warranty to a borrower in connection This Act may be cited as the ‘‘RESPA Home myself such time as I may consume. with the real estate transaction. Warranty Clarification Act of 2012’’. I rise in support of H.R. 2446, the Mr. Speaker, HUD clearly is seeking SEC. 2. TREATMENT OF HOMEOWNER WARRAN- RESPA Home Warranty Clarification to create a solution where there simply TIES. Act, and urge my colleagues to support is no problem. HUD’s unfounded inter- Section 8 of the Real Estate Settlement Proce- the bill. H.R. 2446 is a bipartisan bill pretation doesn’t follow the letter of dures Act of 1974 (12 U.S.C. 2607) is amended by that Mr. CLAY of Missouri and I intro- the law as intended by Congress. Ac- adding at the end the following new subsection: duced last year. The bill has 40 cospon- cording to witness testimony received ‘‘(e) HOMEOWNER WARRANTIES.— sors, including 13 Democrats and 27 Re- by the Financial Services Sub- ‘‘(1) IN GENERAL.—Nothing in this section, sec- publicans, and I thank the gentleman tion 2, or section 3 shall be deemed to include, committee on Insurance, Housing and or be deemed to have included, homeowner war- from Georgia (Mr. SCOTT) for managing Community Opportunity, this mis- ranties or similar residential service contracts this bill. interpretation of law has resulted in for the repair or replacement of home system On March 27, the Financial Services unnecessarily disrupting longstanding components or home appliances. Committee reported out the bill by business practices that could increase ‘‘(2) NOTICE BY HOME WARRANTY COMPANY.— voice vote. The RESPA Home War- the costs and decrease the availability Any person that pays another person not em- ranty Clarification Act would amend of home warranties to consumers, as ployed by the person for selling, advertising, the Real Estate Settlement Procedures well as unintentionally harm small marketing, or processing, or performing an in- Act of 1974, or RESPA, to clarify that, businesses. H.R. 2446 would clarify spection in connection with, a homeowner war- as long as a consumer or borrower re- ranty or similar residential service contract for longstanding law and practice while re- the repair or replacement of home system compo- ceives specific disclosures about it, a storing certainty related to home war- nents or home appliances shall include the fol- fee paid to a real estate broker or ranties in the real estate marketplace. lowing statement, in boldface type that is 10- agent related to the sale of a home I’d like to thank my colleague, Mr. point or larger, in any such warranty or con- warranty is not a RESPA violation. CLAY, for working with me on this bill, tract offered or sold as an incident to or as part When Congress passed RESPA in 1974, and I’d like to thank the gentleman of any transaction involving the origination of it intended for the law to provide con- from Georgia for managing this bill. I’d a federally related mortgage loan: sumers or borrowers with timely dis- also like to thank the bill’s 40 bipar- ‘‘ ‘NOTICE: THIS COMPANY MAY PAY closures related to the cost of real es- PERSONS NOT EMPLOYED BY THE COM- tisan cosponsors from across the coun- PANY FOR SELLING, ADVERTISING, MAR- tate settlement services. Title insur- try. KETING, OR PROCESSING, OR PER- ance, a flood elevation certificate and I urge my colleagues to support H.R. FORMING AN INSPECTION IN CONNECTION homeowners insurance are a few exam- 2446, and I reserve the balance of my WITH, A HOMEOWNER WARRANTY OR ples of services required at a mortgage time.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13149 Mr. DAVID SCOTT of Georgia. Mr. Mr. DAVID SCOTT of Georgia. Like- It is important to note that the purchase of Speaker, I yield myself such time as I wise, I’m ready to close. the product is completely optional, and is not may consume. I just want to say in closing that, made mandatory by any financial institution or I rise today to encourage all of my again, Mrs. BIGGERT has done a wonder- government sponsored enterprise during the colleagues to vote in favor of H.R. 2446, ful job on this, Mr. Speaker, and should home-buying process. the RESPA Home Warranty Clarifica- be commended for it. This is a very im- Recently, however, HUD erroneously issued tion Act. portant and simple piece of legislation, an interpretive rule blocking real estate agents Before I explain exactly why this leg- but it will help to iron out and smooth from receiving a modest fee when they rec- islation is so important and vital, let out confusion and allow for our real es- ommend the product to their client upon the me first take a moment to thank my tate and our housing and our home purchase of their new home. friend and colleague, and my fellow Fi- mortgage industry to move more As such, if this rule is allowed to stand, real- nancial Services Committee member smoothly. I urge all of my colleagues tors would have no incentive to inform their cli- and the sponsor of this legislation, to vote for it. ents about this product. Mrs. BIGGERT, for her hard work on With that, I yield back the balance of Consequently, first-time homebuyers, or this bill. The fact that this bill passed my time. low- and moderate income-families may not Mrs. BIGGERT. Mr. Speaker, I en- both subcommittee and full committee be made aware of this option, instead being courage all of my colleagues to support by voice vote is a testament to not forced to pay full price for the replacement of this bill, as amended, and I yield back only the issue’s importance, but also to their home’s most expensive appliances. the balance of my time. Mrs. BIGGERT’s dedication and open- At a time when our economy is still strug- Mr. HINOJOSA. Mr. Speaker, I rise today in ness in alleviating Members’ concerns. gling, we need to ensure that hard working Regarding the bill, itself, Mr. Speak- support of H.R. 2446, ‘‘The RESPA Home American families are still allowed to gain ac- er, this legislation will help small busi- Warranty Clarification Act.’’ The Real Estate cess to financial products that they depend on. nesses. It will help real estate profes- Settlement Procedures Act of 1974, or That is why I urge my colleagues to support sionals. Most importantly, it will help RESPA, was crafted by Congress to only H.R. 2446. homeowners by clarifying the law on cover those services necessary for closing the The SPEAKER pro tempore. The the sale of home warranties. transaction of buying a home. A recent inter- question is on the motion offered by Congress enacted legislation many pretive rule issued by the Department of years ago to outlaw kickbacks paid in Housing and Urban Development broke this the gentlewoman from Illinois (Mrs. connection with services that must be precedent by bringing home warranties under BIGGERT) that the House suspend the performed to close a federally-related RESPA. This bipartisan act clarifies that home rules and pass the bill, H.R. 2446, as mortgage loan. An interpretive rule re- warranties fall outside the scope of RESPA amended. leased by the Department of Housing because they are unnecessary for closing. The question was taken; and (two- and Urban Development has, unfortu- This bill was passed out of the Financial thirds being in the affirmative) the nately, created uncertainty about ap- Services Committee on voice vote, and I am rules were suspended and the bill, as plication of the law to home warranties proud that the Committee also passed an amended, was passed. which are not necessary to close a loan amendment that I offered, which adds even A motion to reconsider was laid on to purchase a home. To eliminate con- more transparency to the bill. the table. fusion and reduce uncertainty, our bill This amended bill would require the real es- f makes clear that the term ‘‘settlement tate broker who recommends the purchase of services’’ does not include home war- a home warranty to a homebuyer to disclose PROVIDING FOR USE OF NA- ranties. that he or she may receive compensation for TIONAL INFANTRY MUSEUM AND This legislation also provides new no- the recommendation; that the homebuyer is SOLDIER CENTER COMMEMORA- tice requirements applicable to home not required to purchase a home warranty TIVE COIN SURCHARGES service contract companies and to real contract; and that the homebuyer can pur- Mr. DOLD. Mr. Speaker, I ask unani- estate professionals so that prospective chase a home warranty contract from a pro- mous consent to take from the Speak- purchasers of home warranties are vider not recommended by the real estate aware that a payment may have been er’s table the bill (S. 3363) to provide broker. for the use of National Infantry Mu- made in connection with the selling, This is is essential information for the home- seum and Soldier Center Commemora- advertising, marketing, processing, or buyer to make an informed choice when de- tive Coin surcharges, and for other pur- performing an inspection in connection ciding whether to purchase a home warranty poses, and ask for its immediate con- with the home warranty. and I am proud to have added this disclosure sideration in the House. This simple clarification will allow requirement to H.R. 2446. This bill makes The Clerk read the title of the bill. members of the home warranty indus- clear that the term ‘‘settlement service’’ in The SPEAKER pro tempore. Is there try to pay modest sums to real estate RESPA does not include home warranties, objection to the request of the gen- professionals for direct marketing and something Congress never intended. related services in connection with the Mr. BACA. Mr. Speaker, I rise in support of tleman from Illinois? sale of a home warranty without a risk H.R. 2446, the RESPA Home Warranty Clari- There was no objection. of running afoul of a law Congress fication Act. The text of the bill is as follows: never intended to be applicable for a This bill clarifies that the sale of home war- S. 3363 completely optional product. ranties cannot be considered a settlement Be it enacted by the Senate and House of This is the simplification of this law service, and therefore cannot be governed Representatives of the United States of that is very important. It’s very sim- under the Real Estate Settlement Procedures America in Congress assembled, ple, but it’s very important so that our Act, or RESPA. SECTION 1. NATIONAL INFANTRY MUSEUM AND SOLDIER CENTER COMMEMORATIVE real estate industry and home mort- Many individuals buying a home want to COIN SURCHARGES. gage industry can move more smooth- avoid the financial risk of having to pay for Section 6(b) of the National Infantry Mu- ly. major repairs on major systems and appli- seum and Soldier Center Commemorative Please join me in voting for this com- ances. Coin Act (Public Law 110–357, 122 Stat. 3999) monsense legislation that will benefit To reduce that risk and to get the peace of is amended by inserting before the period at consumers and the small businesses mind that comes with knowing they can help the end the following: ‘‘, and for the retire- that repair and replace home systems guard against the cost of significant repairs, ment of debt associated with building the ex- covered by home warranties. home buyers often purchase a home warranty. isting National Infantry Museum and Soldier With that, Mr. Speaker, I reserve the Many individuals selling a home find that Center’’. balance of my time. providing a home warranty at their own cost The bill was ordered to be read a Mrs. BIGGERT. Mr. Speaker, I have can help facilitate a quicker sale at a higher third time, was read the third time, no further requests for time if the gen- price by reducing the risk of the unknown for and passed, and a motion to reconsider tleman is ready to close. potential buyers. was laid on the table.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13150 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 MARCH OF DIMES COMMEMORA- care, and similar programs to improve ma- SEC. 7. SURCHARGES. TIVE COIN ACT OF 2011 ternal and infant health. (a) IN GENERAL.—All sales of coins minted under this Act shall include a surcharge of Mr. DOLD. Mr. Speaker, I move to SEC. 3. COIN SPECIFICATIONS. (a) $1 SILVER COINS.—In recognition and $10 per coin. suspend the rules and pass the bill celebration of the founding and proud service (b) DISTRIBUTION.—Subject to section (H.R. 3187) to require the Secretary of of the March of Dimes, the Secretary of the 5134(f) of title 31, United States Code, all sur- the Treasury to mint coins in recogni- Treasury (hereafter in this Act referred to as charges received by the Secretary from the tion and celebration of the 75th anni- the ‘‘Secretary’’) shall mint and issue not sale of coins issued under this Act shall be versary of the establishment of the more than 500,000 $1 coins, which shall— promptly paid by the Secretary to the March March of Dimes Foundation, as amend- (1) weigh 26.73 grams; of Dimes to help finance research, education, (2) have a diameter of 1.500 inches; and ed. and services aimed at improving the health (3) contain 90 percent silver and 10 percent of women, infants, and children. The Clerk read the title of the bill. copper. The text of the bill is as follows: (c) AUDITS.—The March of Dimes shall be (b) LEGAL TENDER.—The coins minted subject to the audit requirements of section H.R. 3187 under this Act shall be legal tender, as pro- 5134(f)(2) of title 31, United States Code, with Be it enacted by the Senate and House of Rep- vided in section 5103 of title 31, United States regard to the amounts received under sub- resentatives of the United States of America in Code. section (b). (c) NUMISMATIC ITEMS.—For purposes of Congress assembled, (d) LIMITATION.—Notwithstanding sub- SECTION 1. SHORT TITLE. sections 5134 and 5136 of title 31, United section (a), no surcharge may be included States Code, all coins minted under this Act This Act may be cited as the ‘‘March of with respect to the issuance under this Act shall be considered to be numismatic items. Dimes Commemorative Coin Act of 2011’’. of any coin during a calendar year if, as of SEC. 2. FINDINGS. SEC. 4. DESIGN OF COINS. the time of such issuance, the issuance of The Congress finds the following: (a) DESIGN REQUIREMENTS.— such coin would result in the number of com- (1) President Franklin Roosevelt’s personal (1) IN GENERAL.—The design of the coins memorative coin programs issued during struggle with polio led him to create the Na- minted under this Act shall be emblematic such year to exceed the annual 2 commemo- tional Foundation for Infantile Paralysis of the mission and programs of the March of rative coin program issuance limitation (now known as the March of Dimes) on Janu- Dimes, and its distinguished record of gener- under section 5112(m)(1) of title 31, United ary 3, 1938, at a time when polio was on the ating Americans’ support to protect our chil- States Code. The Secretary may issue guid- rise. dren’s health. ance to carry out this subsection. (2) DESIGNATION AND INSCRIPTIONS.—On (2) The Foundation established patient aid SEC. 8. FINANCIAL ASSURANCES. programs and funded research for polio vac- each coin minted under this Act, there shall be— The Secretary shall take such actions as cines developed by Jonas Salk, MD, and Al- may be necessary to ensure that— bert Sabin, MD. (A) a designation of the value of the coin; (B) an inscription of the year ‘‘2015’’; and (1) minting and issuing coins under this (3) Tested in a massive field trial in 1954 Act will not result in any net cost to the that involved 1.8 million schoolchildren (C) inscriptions of the words ‘‘Liberty’’, ‘‘In God We Trust’’, ‘‘United States of Amer- United States Government; and known as ‘‘polio pioneers’’, the Salk vaccine (2) no funds, including applicable sur- was licensed for use on April 12, 1955 as ‘‘safe, ica’’, and ‘‘E Pluribus Unum’’. (b) SELECTION.—The design for the coins charges, shall be disbursed to any recipient effective, and potent’’. The Salk and Sabin minted under this Act shall— designated in section 7 until the total cost of polio vaccines funded by the March of Dimes (1) contain motifs that represent the past, designing and issuing all of the coins author- ended the polio epidemic in the United present, and future of the March of Dimes ized by this Act (including labor, materials, States. and its role as champion for all babies, such dies, use of machinery, overhead expenses, (4) With its original mission accomplished, designs to be consistent with the traditions marketing, and shipping) is recovered by the the Foundation turned its focus to pre- and heritage of the March of Dimes; United States Treasury, consistent with sec- venting birth defects, prematurity, and in- (2) be selected by the Secretary, after con- tions 5112(m) and 5134(f) of title 31, United fant mortality in 1958. The Foundation began sultation with the March of Dimes and the States Code. to fund research into the genetic, prenatal, Commission of Fine Arts; and SEC. 9. BUDGET COMPLIANCE. and environmental causes of over 3,000 birth (3) be reviewed by the Citizens Coin Advi- defects. The budgetary effects of this Act, for the sory Committee. (5) The Foundation’s investment in re- purpose of complying with the Statutory search has led to 13 scientists winning the SEC. 5. ISSUANCE. Pay-As-You-Go Act of 2010, shall be deter- (a) QUALITY OF COINS.—Coins minted under Nobel Prize since 1954, including Dr. James mined by reference to the latest statement this Act shall be issued in uncirculated and Watson’s discovery of the double helix. titled ‘‘Budgetary Effects of PAYGO Legisla- proof qualities. (6) Virginia Apgar, MD, creator of the tion’’ for this Act, submitted for printing in (b) MINT FACILITY.—For the coins minted the Congressional Record by the Chairman of Apgar Score, helped develop the Founda- under this Act, at least 1 facility of the tion’s mission for birth defects prevention; the Committee on the Budget of the House of United States Mint shall be used to strike Representatives, provided that such state- joining the Foundation as the head of its proof quality coins, while at least 1 other new birth defects division in 1959. ment has been submitted prior to the vote on such facility shall be used to strike the un- passage. (7) In the 1960s, the Foundation created circulated quality coins. over 100 birth defects treatment centers, and (c) PERIOD FOR ISSUANCE.—The Secretary of The SPEAKER pro tempore. Pursu- then turned its attention to assisting in the the Treasury may issue coins minted under ant to the rule, the gentleman from Il- development of Neonatal Intensive Care this Act only during the 1-year period begin- linois (Mr. DOLD) and the gentleman Units, or NICUs. ning on January 1, 2015. from Georgia (Mr. DAVID SCOTT) each (8) With March of Dimes support, a Com- SEC. 6. SALE OF COINS. will control 20 minutes. mittee on Perinatal Health released Toward (a) SALE PRICE.—The coins issued under Improving the Outcome of Pregnancy in 1976, The Chair recognizes the gentleman this Act shall be sold by the Secretary at a from Illinois. which included recommendations that led to price equal to the sum of— the regionalization of perinatal health care (1) the face value of the coins; GENERAL LEAVE in the United States. (2) the surcharge provided in section 7(a) Mr. DOLD. Mr. Speaker, I ask unani- (9) Since 1998, the March of Dimes has ad- with respect to such coins; and mous consent that all Members may vocated for and witnessed the passage of the (3) the cost of designing and issuing the have 5 legislative days in which to re- Birth Defects Prevention Act, Children’s coins (including labor, materials, dies, use of Health Act, PREEMIE Act, and Newborn vise and extend their remarks and to machinery, overhead expenses, marketing, add extraneous materials on this bill. Screening Save Lives Act. and shipping). (10) In 2003, the March of Dimes launched a (b) BULK SALES.—The Secretary shall The SPEAKER pro tempore. Is there Prematurity Campaign to increase aware- make bulk sales of the coins issued under objection to the request of the gen- ness about and reduce the incidence of this Act at a reasonable discount. tleman from Illinois? preterm birth, infant mortality, birth de- (c) PREPAID ORDERS.— There was no objection. fects, and lifelong disabilities and disorders. (1) IN GENERAL.—The Secretary shall ac- Mr. DOLD. Mr. Speaker, I yield my- (11) The March of Dimes actively promotes cept prepaid orders for the coins minted self such time as I may consume. programs for and funds research into new- under this Act before the issuance of such born screening, pulmonary surfactant ther- coins. Mr. Speaker, I rise today in support apy, maternal nutrition, smoking cessation, (2) DISCOUNT.—Sale prices with respect to of H.R. 3187, the March of Dimes Com- folic acid consumption to prevent neural prepaid orders under paragraph (1) shall be memorative Coin Act of 2011. I’m proud tube defects, increased access to maternity at a reasonable discount. to have introduced this bill and to have

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13151 worked closely with my friend and col- health problems, including cerebral rative Coin Act. For 75 years now, the league from New York, Congresswoman palsy, intellectual disabilities, chronic March of Dimes organization has NITA LOWEY. lung disease, and vision and hearing worked to prevent infant mortality, This legislation authorizes the mint- loss. Preterm delivery can happen to premature births, and birth defects in ing and issue in 2015 of a commemora- any pregnant woman, and in nearly our children in the United States and tive coin honoring the 75th anniversary half of the cases, no one knows why. in other parts of the world. And I can of the March of Dimes and recognizes The March of Dimes National Pre- think of no better time and place to their landmark accomplishments in maturity Campaign funds a robust honor this wonderful organization than maternal and child health. Surcharges portfolio of research and education pro- right here and right now in the Halls of on the sales of these special coins will grams designed to unveil the causes Congress. fund critical research and programs to and address the risk factors of preterm This organization was originally support healthy mothers, healthy in- birth. For example, the March of Dimes founded by President Franklin Delano fants, and healthy families nationwide. is working with hospitals to implement Roosevelt to help treat and prevent best practices that discourage early b 2020 polio. The March of Dimes would meet elective deliveries before 39 completed with tremendous success and, through Mr. Speaker, it’s summertime across weeks of pregnancy. Thanks to the their funding of the work of Dr. Jonas our Nation, and back home in our dis- dedication of the March of Dimes and Salk, would contribute greatly to cur- tricts, children are playing outside others, the United States has seen a de- ing that disease. with friends or are going swimming at cline in the prematurity rate for 4 con- Having accomplished their original the pool. But more than 75 years ago, secutive years. goal, the March of Dimes would turn children stayed indoors during the Mr. Speaker, the March of Dimes has their attention to promoting healthy summer. Their parents wouldn’t let an extraordinary history of achieve- women, healthy pregnancies, and them go to the park or to the pool be- ment. More than 4 million infants are healthy babies. The March of Dimes cause of outbreaks of polio. Polio back born every year in the United States, Foundation works not only here in the then could strike any child, and no one and the March of Dimes helps each and United States in local communities knew what the cause was. every one through research, education, around the country but, as I men- The March of Dimes is a nonprofit or- vaccines, and breakthroughs. The com- tioned, also around the world to edu- ganization that was founded in 1938 by memorative coin will help fund these cate and inform women, doctors, and President Franklin Delano Roosevelt, vitally important activities. policymakers on the prevention of H.R. 3187 has broad bipartisan sup- with a mission to eradicate polio. In birth defects and premature birth. This port in both Chambers of the Congress, FDR’s day, polio was an epidemic dis- work is so vital, so very important, and with 304 cosponsors here in the House ease that paralyzed or killed up to really so very precious, Mr. Speaker. and 68 in the United States Senate. 52,000 Americans, mostly children, And a healthy pregnancy and a healthy This legislation complies with all stat- every year. Even the President had birth can mean so much and start the utory requirements for the commemo- polio. child off on the right foot that will last rative coin program, and the coins will So during the Great Depression, citi- the rest of their entire life. be produced at no cost to the American zens sent dimes—4 billion of them—to This bill is simple, Mr. Speaker. It taxpayer. To claim the surcharges, the the White House to fund polio research. would allow for the minting, the mak- March of Dimes will raise matching That effort funded the research by Doc- ing of a commemorative coin, which tors Salk and Sabin that produced the funds from private sources. Mr. Speaker, I am proud to have basically will be a silver $1 coin, for vaccines that have eradicated polio in this wonderful organization. These the United States and in much of the sponsored this bipartisan bill, and I would like to thank the Congress- coins would then be sold to the general world. woman from New York, Representative public with a portion going to pay off In the quest for a vaccine, the March LOWEY, for her steadfast leadership and the cost of minting the coin, but the of Dimes supported many other re- hard work to see this day become a re- rest going to support the very, very im- search milestones in newborn and child ality. I would also like to thank Chair- portant work of this foundation. health. For example, in 1953, Francis So I ask, Mr. Speaker, that my col- man SPENCER BACHUS and Ranking Crick and March of Dimes grantee Dr. leagues join me in voting in favor of Member BARNEY FRANK for helping to James D. Watson identified the double get this bill to the floor today. I also this bill, and in so doing, we’ll be send- helix structure of DNA and, in 1962, want to thank my friend from Georgia, ing a big thank-you to the March of won the Nobel Prize for mapping the for him managing time on the other Dimes for their hard work and for their human genome. side today and for his leadership as dedication over the last 75 years. Another research breakthrough came well. Mr. Speaker, I will also mention the in the 1960s when the March of Dimes Mr. Speaker, for 75 years, the March fact that we support them each year in supported research that developed the of Dimes has dedicated itself to helping our special cooking and preparation for first screening test for PKU, a rare all infants get a healthy start in life, their major fundraiser that many metabolic genetic disorder that causes which is what I think is very, very im- Members of Congress and our families intellectual disabilities. Since that portant. I ask my colleagues to join me and our wives take part in. What an ex- time, the March of Dimes has led the in voting for H.R. 3187, the March of traordinary organization doing an ex- effort to expand newborn screening. Dimes Commemorative Coin Act. traordinary thing for those who are Now every baby born in the United I reserve the balance of my time. most precious to us, that is, the chil- States receives screening for dozens of Mr. DAVID SCOTT of Georgia. Mr. dren of the United States of America. conditions that have the potential to Speaker, I yield myself such time as I I reserve the balance of my time. cause catastrophic health problems or may consume. Mr. DOLD. Mr. Speaker, before I death if not detected or treated I rise today to lend my support to yield, I do want to just thank my good promptly at birth. this extraordinary and wonderful piece friend from Georgia (Mr. SCOTT) for his Today the March of Dimes is leading of legislation, an expression of strong leadership and support of the March of the national effort to reduce premature bipartisan support. Dimes. birth. Every year, nearly 500,000 infants I certainly want to thank my friend, He talked a little bit about the re- are born far too soon. In my home Congressman DOLD from Illinois, for cent fundraiser that the March of State of Illinois, almost 13 percent of his leadership on this. It’s a pleasure to Dimes held, where Members of Con- all infants are born prematurely. join with him on the floor today to gress actually were cooking for this Preterm birth is the leading cause of manage time on this bill. fundraiser. What he failed to mention death among newborns. Many of those This bill, H.R. 3187, as was pointed was that I believe Mr. SCOTT—and Mrs. who survive face a lifetime of serious out, is the March of Dimes Commemo- Scott, for that matter—actually won

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13152 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 the cooking contest. So thank you our nearest and dearest, our children. I contact Natalie McGarry of my staff at 202– again. It was one of the few places I just want to thank my colleagues for 225–7502. know we went back for seconds. I real- their leadership and support, and urge Sincerely, ly appreciate that. swift passage. SPENCER BACHUS, Chairman. Mr. DAVID SCOTT of Georgia. I I yield back the balance of my time. Mrs. LOWEY. Mr. Speaker, I rise today in thank the gentleman. COMMITTEE ON WAYS AND MEANS, support of the March of Dimes Commemora- Mr. DOLD. Mr. Speaker, at this time, HOUSE OF REPRESENTATIVES, I would like to yield 2 minutes to my Washington, DC, August 1, 2012. tive Coin Act. good friend, the gentlewoman from Illi- Hon. SPENCER BACHUS, I am proud to be an original cosponsor and nois (Mrs. BIGGERT). Chairman, Committee on Financial Services, to work with my colleague from Illinois, Mr. Mrs. BIGGERT. I thank the gen- Rayburn House Office Building, Wash- DOLD, to issue a commemorative coin hon- tleman from Illinois for yielding, and I ington, DC. oring the 75th anniversary of the March of commend him for his hard work on this DEAR CHAIRMAN BACHUS: I am writing con- Dimes, based in my district in White Plains. cerning H.R. 3187, the ‘‘March of Dimes Com- important bill. Funds from the sale of the coins would be memorative Coin Act of 2011,’’ which is used to support the March of Dimes’ vital work I rise in support of the bill, H.R. 3187, scheduled for floor action the week of July the March of Dimes Commemorative 30, 2012. to ensure healthy pregnancies. Coin Act of 2011. As you know, the Committee on Ways and The March of Dimes has a long and proud This legislation recognizes the tre- Means maintains jurisdiction over matters history. President Franklin Roosevelt took the mendous achievements of the March of that concern raising revenue. H.R. 3187 con- four billion dimes sent to him by Americans in Dimes in protecting the health of in- tains a provision that establishes a sur- the Great Depression and created the National fants and mothers across the United charge for the sale of commemorative coins Foundation for Infantile Paralysis. Later re- States. that are minted under the bill, and this falls named the March of Dimes, the foundation within the jurisdiction of the Committee on was dedicated to supporting the care of thou- Founded by President Franklin Roo- Ways and Means. sevelt, as was noted, in 1938, the March sands of Americans with polio, as well as sup- However, as part of our ongoing under- porting research into the prevention and treat- of Dimes was instrumental in eradi- standing regarding commemorative coin cating polio. The organization then bills and in order to expedite this bill for ment of the crippling disease. turned its sights on birth defects, pre- floor consideration, the Committee will The March of Dimes fulfilled President Roo- mature birth, and infant mortality. forgo action. This is being done with the un- sevelt’s dream of a polio-free nation by fund- For decades, the March of Dimes has derstanding that it does not in any way prej- ing the development of polio vaccines, which been on the forefront of medical re- udice the Committee with respect to the ap- led to its eradication in the United States and search. It educates parents and medical pointment of conferees or its jurisdictional much of the world. prerogatives on this or similar legislation in In the decades that followed, the organiza- professionals about healthy preg- the future. nancies and has helped significantly tion helped stamp out rubella, pushed for Neo- I would appreciate your response to this natal Intensive Care Units, promoted folic acid expand access to neonatal intensive letter, confirming this understanding with care for premature and sick infants. respect to H.R. 3187, and would ask that a to prevent neural tube defects, and brought newborn screening to every American baby. b 2030 copy of our exchange of letters on this matter be included in the Congressional Record Today, the March of Dimes focuses on re- H.R. 3187 recognizes the accomplish- during floor consideration. ducing prematurity. Every year, nearly half a ments of this great American success Sincerely, million babies in the U.S. are born premature, story of goodwill and public service, DAVE CAMP, the leading cause of newborn death. In my and it celebrates the 75th anniversary Chairman. home state of New York, almost 600 infants of the March of Dimes through a com- are born preterm every week—representing memorative coin. COMMITTEE ON FINANCIAL SERVICES, 12.2% of all live births in the state. I’m pleased to have been an original HOUSE OF REPRESENTATIVES, The March of Dimes New York State Chap- Washington, DC, August 1, 2012. cosponsor of this important bill, and I Hon. DAVE CAMP, ter has one goal—to help babies start life in urge my colleagues to join us in paying Chairman, Committee on Ways and Means, the healthiest way possible by helping moms- a fitting tribute to an organization House of Representatives, Longworth House to-be learn to care for themselves before, dur- known as the ‘‘champion for all ba- Office Building, Washington, DC. ing and after their pregnancy. The New York bies.’’ DEAR CHAIRMAN CAMP: I am writing in re- Chapter also partners with local medical Mr. DAVID SCOTT of Georgia. Mr. sponse to your letter regarding H.R. 3187, groups and organizations to establish guide- Speaker, I have no more speakers, so I March of Dimes Commemorative Coin Act of lines for how to care for pregnant women and will just close my remarks. 2011, which is scheduled for Floor consider- premature infants. Again, it is a pleasure working with ation under suspension of the rules on Over four million babies will be born across Wednesday, August 1, 2012. you on this bill, Mr. DOLD. And what a the United States this year, and each and I wish to confirm our mutual under- noble occasion this is for such a worthy standing on this bill. As you know, section 7 every one will benefit from the March of Dimes cause. of the bill establishes a surcharge for the historic legacy of scientific breakthroughs— Thank you for mentioning about my sale of commemorative coins that are mint- from the polio vaccine to newborn screening. wife. I give all credit to my wife for ed under the bill. I acknowledge your com- The March of Dimes Commemorative Coin will that cooking she did. I think it was mittee’s jurisdictional interest in such sur- help us reach the day when we celebrate a shrimp and grits and let’s see, and charges as revenue matters and appreciate new scientific breakthrough: preventing pre- gumbo, her mother’s gumbo, and it your willingness to forego action by the mature birth. won first prize at that event. It is such Committee on Ways and Means on H.R. 3187 Mr. Speaker, I’d like to thank the gentleman in order to allow the bill to come to the a wonderful occasion, and to have all Floor expeditiously. Also, I agree that your from Illinois, and I urge your support. Members of Congress who participate decision to forego further action on this bill The SPEAKER pro tempore (Mr. with this fund-raising effort every year will not prejudice the Committee on Ways BROOKS). The question is on the motion is just wonderful. I just urge a unani- and Means with respect to its jurisdictional offered by the gentleman from Illinois mous vote. prerogatives on this or similar legislation. (Mr. DOLD) that the House suspend the I yield back the balance of my time. Therefore, I would support your request for rules and pass the bill, H.R. 3187, as Mr. DOLD. Mr. Speaker, in closing, I conferees on those provisions within your ju- amended. just want to again commend my col- risdiction should this bill be the subject of a The question was taken; and (two- House-Senate conference. league. This is a bipartisan bill, broad thirds being in the affirmative) the I will include this exchange of letters in bipartisan support, talking about the the Congressional Record when this bill is rules were suspended and the bill, as Commemorative Coin Act for the considered by the House. Thank you again amended, was passed. March of Dimes, truly a wonderful or- for your assistance and if you should need A motion to reconsider was laid on ganization that really helps protect anything further, please do not hesitate to the table.

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Mr. Speaker, I move (B) have a diameter of 1.500 inches; and Football Hall of Fame, to help finance the to suspend the rules and pass the bill (C) contain 90 percent silver and 10 percent construction of a new building and renova- (H.R. 4104) to require the Secretary of copper. tion of existing Pro Football Hall of Fame the Treasury to mint coins in recogni- (3) HALF-DOLLAR CLAD COINS.—Not more facilities. tion and celebration of the Pro Foot- than 750,000 half-dollar coins which shall— (c) AUDITS.—The Pro Football Hall of ball Hall of Fame, as amended. (A) weigh 11.34 grams; Fame shall be subject to the audit require- The Clerk read the title of the bill. (B) have a diameter of 1.205 inches; and ments of section 5134(f)(2) of title 31, United The text of the bill is as follows: (C) be minted to the specifications for half- States Code, with regard to the amounts re- dollar coins contained in section 5112(b) of ceived under subsection (b). H.R. 4104 title 31, United States Code. (d) LIMITATION.—Notwithstanding sub- Be it enacted by the Senate and House of Rep- (b) LEGAL TENDER.—The coins minted section (a), no surcharge may be included resentatives of the United States of America in under this Act shall be legal tender, as pro- with respect to the issuance under this Act Congress assembled, vided in section 5103 of title 31, United States of any coin during a calendar year if, as of SECTION 1. SHORT TITLE. Code. the time of such issuance, the issuance of This Act may be cited as the ‘‘Pro Football (c) NUMISMATIC ITEMS.—For purposes of such coin would result in the number of com- Hall of Fame Commemorative Coin Act’’. section 5134 of title 31, United States Code, memorative coin programs issued during SEC. 2. FINDINGS. all coins minted under this Act shall be con- such year to exceed the annual 2 commemo- The Congress finds the following: sidered to be numismatic items. rative coin program issuance limitation (1) The Pro Football Hall of Fame’s mis- SEC. 4. DESIGN OF COINS. under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the sion is— (a) DESIGN REQUIREMENTS.— enactment of this Act). The Secretary of the (A) to honor individuals who have made (1) IN GENERAL.—The design of the coins Treasury may issue guidance to carry out outstanding contributions to professional minted under this Act shall be emblematic this subsection. football; of the game of professional football. SEC. 8. FINANCIAL ASSURANCES. (B) to preserve professional football’s his- (2) DESIGNATION AND INSCRIPTIONS.—On toric documents and artifacts; each coin minted under this Act there shall The Secretary shall take such actions as (C) to educate the public regarding the ori- be— may be necessary to ensure that— gin, development, and growth of professional (A) a designation of the value of the coin; (1) minting and issuing coins under this football as an important part of American (B) an inscription of the year ‘‘2016’’; and Act will not result in any net cost to the culture; and (C) inscriptions of the words ‘‘Liberty’’, United States Government; and (D) to promote the positive values of the ‘‘In God We Trust’’, ‘‘United States of Amer- (2) no funds, including applicable sur- sport. ica’’, and ‘‘E Pluribus Unum’’. charges, shall be disbursed to any recipient designated in section 7 until the total cost of (2) The Pro Football Hall of Fame opened (b) SELECTION.—The design for the coins its doors on September 7, 1963. On that day a minted under this Act shall be— designing and issuing all of the coins author- charter class of 17 players, coaches, and con- (1) selected by the Secretary after con- ized by this Act (including labor, materials, tributors were enshrined. Among the group sultation with the Commission of Fine Arts dies, use of machinery, overhead expenses, were such legends as Sammy Baugh, Red and the Pro Football Hall of Fame; and marketing, and shipping) is recovered by the Grange, George Halas, Don Hutson, Bronko (2) reviewed by the Citizens Coinage Advi- United States Treasury, consistent with sec- Nagurski, and Jim Thorpe. Through 2012, sory Committee. tions 5112(m) and 5134(f) of title 31, United there are 273 members who have been elected States Code. SEC. 5. ISSUANCE OF COINS. to the Pro Football Hall of Fame. Three dis- SEC. 9. BUDGET COMPLIANCE. tinct iconic symbols represent an individ- (a) QUALITY OF COINS.—Coins minted under The budgetary effects of this Act, for the ual’s membership in the Hall of Fame: a this Act shall be issued in uncirculated and purpose of complying with the Statutory bronze bust, a Hall of Fame gold jacket, and proof qualities. Pay-As-You-Go Act of 2010, shall be deter- a Hall of Fame ring. (b) MINT FACILITY.—Only 1 facility of the mined by reference to the latest statement (3) The Pro Football Hall of Fame has wel- United States Mint may be used to strike titled ‘‘Budgetary Effects of PAYGO Legisla- comed nearly 9 million visitors from around any particular quality of the coins minted tion’’ for this Act, submitted for printing in the world since opening in 1963. The museum under this Act. the Congressional Record by the Chairman of has grown from its original 19,000-square-foot (c) PERIOD FOR ISSUANCE.—The Secretary the Committee on the Budget of the House of building to an 118,000-square-foot, state-of- may issue coins minted under this Act only Representatives, provided that such state- the-art facility as result of expansions in during the 1-year period beginning on Janu- ment has been submitted prior to the vote on 1971, 1978, 1995, and most recently in 2011– ary 1, 2016. passage. 2013. In addition, major exhibit renovations SEC. 6. SALE OF COINS. The SPEAKER pro tempore. Pursu- (a) SALE PRICE.—The coins issued under have been completed in 2003, 2008, and 2009. ant to the rule, the gentleman from (4) The Pro Football Hall of Fame houses this Act shall be sold by the Secretary at a the world’s largest collection on professional price equal to the sum of— Ohio (Mr. RENACCI) and the gentleman football. Included in the museum’s vast col- (1) the face value of the coins; from New York (Mr. MEEKS) each will lection are more than 20,000 three-dimen- (2) the surcharge provided in section 7(a) control 20 minutes. sional artifacts and more than 20 million with respect to such coins; and The Chair recognizes the gentleman pages of documents including nearly 3,000,000 (3) the cost of designing and issuing the from Ohio. photographic images. coins (including labor, materials, dies, use of GENERAL LEAVE (5) The Pro Football Hall of Fame reaches machinery, overhead expenses, marketing, Mr. RENACCI. Mr. Speaker, I ask and shipping). a world-wide audience of nearly 15,000,000 unanimous consent that all Members (b) BULK SALES.—The Secretary shall people annually through visitors to the mu- may have 5 legislative days in which to seum, participants in the annual Pro Foot- make bulk sales of the coins issued under ball Hall of Fame Enshrinement Festival, this Act at a reasonable discount. revise and extend their remarks and three nationally televised events, the Hall of (c) PREPAID ORDERS.— add extraneous material on this bill. Fame’s Web site, social media outlets, spe- (1) IN GENERAL.—The Secretary shall ac- The SPEAKER pro tempore. Is there cial events across the country, and through cept prepaid orders for the coins minted objection to the request of the gen- the museum’s Educational Outreach under this Act before the issuance of such tleman from Ohio? videoconferencing programs. coins. There was no objection. SEC. 3. COIN SPECIFICATIONS. (2) DISCOUNT.—Sale prices with respect to Mr. RENACCI. Mr. Speaker, I yield (a) DENOMINATIONS.—The Secretary of the prepaid orders under paragraph (1) shall be myself such time as I may consume. Treasury (hereafter in this Act referred to as at a reasonable discount. Mr. Speaker, I rise today to urge ap- the ‘‘Secretary’’) shall mint and issue the SEC. 7. SURCHARGES. proval of H.R. 4104, the Pro Football following coins: (a) IN GENERAL.—All sales of coins issued Hall of Fame Commemorative Coin (1) $5 GOLD COINS.—Not more than 50,000 $5 under this Act shall include a surcharge of— coins, which shall— (1) $35 per coin for the $5 coin; Act. Since being introduced on Feb- (A) weigh 8.359 grams; (2) $10 per coin for the $1 coin; and ruary 28, 2012, we have gathered 294 co- (B) have a diameter of 0.850 inches; and (3) $5 per coin for the half-dollar coin. sponsors. (C) contain 90 percent gold and 10 percent (b) DISTRIBUTION.—Subject to section I would like to give a special thanks alloy. 5134(f)(1) of title 31, United States Code, all to Representatives STIVERS and

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SHULER for helping me collect such a Mr. MEEKS. Mr. Speaker, I yield my- payers, run these programs and pre- large and bipartisan group of cospon- self such time as I may consume. serve its facilities so that it can con- sors. I would also like to thank the Mr. Speaker, I want to thank the tinue to build a legacy of a strong chairman and ranking member of the sponsors of this bill. I want to thank American game, but of also making House Financial Services Committee, the gentleman from Ohio for spon- sure that all of America’s children and Representative BACHUS and Represent- soring this bill and bringing this bill to all of America’s people have an oppor- ative FRANK, for their support. the floor. tunity to grow up, to be literate, to be The bill before us celebrates the 50th Indeed, the Pro Football Hall of healthy, and to be competitive globally anniversary of the Pro Football Hall of Fame is the pride of Canton, Ohio. It is with anyone. also the apple of the eye of all Ameri- Fame, the pride of Canton, Ohio. The b 2040 Hall opened its doors on September 7, cans. 1963. Six legends were enshrined that When we think of the National Foot- So indeed, I urge all of my colleagues day: Sammy Baugh, Red Grange, ball League, we immediately think of to vote ‘‘aye’’ for the Pro Football Hall George Halas, Don Hutson, Bronko the grand names in football history. of Fame Commemorative Coin Act, and Nagurski, and Jim Thorpe. These ti- The gentleman from Ohio named the I reserve the balance of my time. tans were the first of the 273 men who initial inductees. Initially coming into Mr. RENACCI. Mr. Speaker, I want are now enshrined in the Hall of Fame. my mind are individuals such as Jim to thank the gentleman from New And I must add that 23 of those mem- Brown or Jerry Rice or Johnny Unitas York for his inspiring comments. bers are from Ohio. or Joe Montana, Walter Payton. These I would agree that the Pro Football Americans from all walks of life have are household names that are housed Hall of Fame is a great asset not only enjoyed the game of football for dec- now forevermore in the Hall of Fame to the city of Canton, the State of ades, and the Pro Football Hall of and the National Football League. Ohio, and America, and the accom- Fame ensures the achievements of the But we forget that the National plishments that it provides other than gridiron’s greatest will be remembered Football League and the Hall of Fame just enshrining inductees are a great and preserved for generations of future says: We’re giving back. We’re not asset to this hall. fans. going to just be involved in keeping the I reserve the balance of my time. Since its opening almost 50 years fame and the records of the NFL. We Mr. MEEKS. Having no further ago, the Pro Football Hall of Fame has understand that we are an American speakers, I yield back the balance of attracted more than 9 million visitors sport, and so we’re going to give back my time. to Ohio from across the world. Through to the American people. Especially our Mr. RENACCI. Mr. Speaker, at this its media and Internet outreach, nearly young people, our children who, like time, I ask my colleagues to join me in 15 million more participate in Hall-re- me, growing up, idolized many of the passing H.R. 4104, and I yield back the lated activities. players that are now in the Hall of balance of my time. The Pro Football Hall of Fame’s ef- Fame. HOUSE OF REPRESENTATIVES, forts go beyond preserving the history So what the Hall of Fame does is to COMMITTEE ON WAYS AND MEANS, of the gridiron. Two of the Hall’s core make sure that it gets involved in pro- Washington, DC, August 1, 2012. missions are educating youth and programs that the gentleman from Ohio Hon. SPENCER BACHUS, Chairman, Committee on Financial Services, moting positive values. just talked about, Camps for Kids, to Washington, DC. A few highlight programs exemplify help promote nutrition and physical DEAR CHAIRMAN BACHUS: I am writing con- its missions: Camps for Kids, designed fitness. cerning H.R. 4104, the ‘‘Pro Football Hall of to promote good nutrition and physical We often hear in this society that Fame Commemorative Coin Act,’’ which is fitness; the Hall’s Black History Month we’re talking about, people are too scheduled for floor action the week of July program, which details the African obese. Well, the NFL recognizes that, 30, 2012. American experience in professional and the NFL Hall of Fame, the Pro As you know, the Committee on Ways and football; the Hall of Fame Reader, a Football Hall of Fame, as a result, Means maintains jurisdiction over matters that concern raising revenue. H.R. 4104 con- kindergarten through 12th grade sum- makes sure there are programs pro- tains a provision that establishes a sur- mer literacy program; and teacher moting good nutrition, eating good charge for the sale of commemorative coins workshops for graduate and continuing foods, exercise. that are minted under the bill, and this falls education studies. Particularly it has been very impor- within the jurisdiction of the Committee on These educational programs are de- tant to me when I look at the Hall of Ways and Means. signed to strengthen core curriculum Fame’s Black History Month program, However, as part of our ongoing under- knowledge and skills across key learn- which details the African American ex- standing regarding commemorative coin ing areas: the arts, geography, health, perience. I can recall growing up with bills and in order to expedite this bill for history, language arts, math, and my father talking about Marion Mot- floor consideration, the Committee will forgo action. This is being done with the un- science. ley with the Cleveland Browns at the derstanding that it does not in any way prej- Mr. Speaker, this legislation recog- time and the history that he played in udice the Committee with respect to the ap- nizes and celebrates the accomplish- helping and promoting others. And this pointment of conferees or its jurisdictional ments of our sports heroes, but it also gives us all-around history about every prerogatives on this or similar legislation in will help support those exceptional American. the future, philanthropic efforts. Each coin will be Kindergarten through 12th graders, a I would appreciate your response to this sold for an amount that recovers all literacy program. We talk about the letter, confirming this understanding with real and imputed cost plus a surcharge, need to make sure that our young peo- respect to H.R. 4104, and would ask that a copy of our exchange of letters on this mat- so there is absolutely no cost to the ple are able to compete. You can’t com- ter be included in the Congressional Record taxpayer. Once the Hall raises match- pete if you’re not literate. The Pro during floor consideration. ing funds from the private sector, it Football Hall of Fame makes sure that Sincerely, may claim the surcharges that will be every child that it can touch will also DAVE CAMP, available to help finance the expansion be a reader. Chairman. and renovation of its facilities and We want to be competitive in health carry out its mission. and history and language and arts and HOUSE OF REPRESENTATIVES, We are now at the goal line and pre- math and science. The Pro Football COMMITTEE ON FINANCIAL SERVICES, pared to put this legislation into the Hall of Fame has a program that it Washington, DC, August 1, 2012. Hon. DAVE CAMP, end zone. I urge all Members to support takes throughout America to help Chairman, Committee on Ways and Means, this bill. make that happen. Washington, DC. Mr. Speaker, I reserve the balance of And so this Commemorative Coin Act DEAR CHAIRMAN CAMP: I am writing in re- my time. will help them, at no cost to the tax- sponse to your letter regarding H.R. 4104, Pro

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13155 Football Hall of Fame Commemorative Coin LA PINE LAND CONVEYANCE ACT States Code, ‘‘National Park System’’, Act, which is scheduled for Floor consider- as positive law, as amended. ation under suspension of the rules on The SPEAKER pro tempore. The un- finished business is the question on The Clerk read the title of the bill. Wednesday, August 1, 2012. The SPEAKER pro tempore. The I wish to confirm our mutual under- suspending the rules and passing the standing on this bill. As you know, section 7 bill (S. 270) to direct the Secretary of question is on the motion offered by of the bill establishes a surcharge for the the Interior to convey certain Federal the gentleman from Texas (Mr. SMITH) sale of commemorative coins that are mint- land to Deschutes County, Oregon. that the House suspend the rules and ed under the bill. I acknowledge your com- The Clerk read the title of the bill. pass the bill, as amended. mittee’s jurisdictional interest in such sur- The SPEAKER pro tempore. The The question was taken; and (two- charges as revenue matters and appreciate thirds being in the affirmative) the your willingness to forego action by the question is on the motion offered by the gentleman from Colorado (Mr. rules were suspended and the bill, as Committee on Ways and Means on H.R. 4104 amended, was passed. in order to allow the bill to come to the LAMBORN) that the House suspend the Floor expeditiously. Also, I agree that your rules and pass the bill. A motion to reconsider was laid on decision to forego further action on this bill The question was taken; and (two- the table. will not prejudice the Committee on Ways thirds being in the affirmative) the f and Means with respect to its jurisdictional rules were suspended and the bill was prerogatives on this or similar legislation. passed. STUDENT VISA REFORM ACT Therefore, I would support your request for The SPEAKER pro tempore. The un- conferees on those provisions within your ju- A motion to reconsider was laid on risdiction should this bill be the subject of a the table. finished business is the question on suspending the rules and passing the House-Senate conference. f I will include this exchange of letters in bill (H.R. 3120) to amend the Immigra- the Congressional Record when this bill is WALLOWA FOREST SERVICE tion and Nationality Act to require ac- considered by the House. Thank you again COMPOUND CONVEYANCE ACT creditation of certain educational infor your assistance and if you should need The SPEAKER pro tempore. The un- stitutions for purposes of a non- anything further, please do not hesitate to finished business is the question on immigrant student visa, and for other contact Natalie McGarry of my staff at 202– purposes, as amended. 225–7502. suspending the rules and passing the Sincerely, bill (S. 271) to require the Secretary of The Clerk read the title of the bill. SPENCER BACHUS, Agriculture to enter into a property The SPEAKER pro tempore. The Chairman. conveyance with the city of Wallowa, question is on the motion offered by The SPEAKER pro tempore. The Oregon, and for other purposes. the gentleman from Texas (Mr. SMITH) question is on the motion offered by The Clerk read the title of the bill. that the House suspend the rules and the gentleman from Ohio (Mr. RENACCI) The SPEAKER pro tempore. The pass the bill, as amended. that the House suspend the rules and question is on the motion offered by The question was taken; and (two- pass the bill, H.R. 4104, as amended. the gentleman from Colorado (Mr. thirds being in the affirmative) the The question was taken; and (two- LAMBORN) that the House suspend the rules were suspended and the bill, as thirds being in the affirmative) the rules and pass the bill. amended, was passed. rules were suspended and the bill, as The question was taken; and (two- A motion to reconsider was laid on amended, was passed. thirds being in the affirmative) the the table. A motion to reconsider was laid on rules were suspended and the bill was f the table. passed. A motion to reconsider was laid on FOREIGN AND ECONOMIC ESPIO- f the table. NAGE PENALTY ENHANCEMENT ACT OF 2012 f ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. The un- PRO TEMPORE ADAM WALSH REAUTHORIZATION finished business is the question on The SPEAKER pro tempore. Pursu- ACT OF 2012 suspending the rules and passing the ant to clause 8 of rule XX, procedures The SPEAKER pro tempore. The un- bill (H.R. 6029) to amend title 18, will resume on motions to suspend the finished business is the question on United States Code, to provide for in- rules previously postponed. suspending the rules and passing the creased penalties for foreign and eco- bill (H.R. 3796) to reauthorize certain nomic espionage, and for other pur- f programs established by the Adam poses. Walsh Child Protection and Safety Act The Clerk read the title of the bill. AUTHORIZING APPOINTMENT OF of 2006, as amended. The SPEAKER pro tempore. The CHIEF FINANCIAL OFFICER FOR The Clerk read the title of the bill. question is on the motion offered by THE VIRGIN ISLANDS The SPEAKER pro tempore. The the gentleman from Texas (Mr. SMITH) The SPEAKER pro tempore. The un- question is on the motion offered by that the House suspend the rules and finished business is the question on the gentleman from Texas (Mr. SMITH) pass the bill. suspending the rules and passing the that the House suspend the rules and The question was taken; and (two- bill (H.R. 3706) to create the Office of pass the bill, as amended. thirds being in the affirmative) the Chief Financial Officer of the Govern- The question was taken; and (two- rules were suspended and the bill was ment of the Virgin Islands, and for thirds being in the affirmative) the passed. other purposes, as amended. rules were suspended and the bill, as A motion to reconsider was laid on The Clerk read the title of the bill. amended, was passed. the table. The SPEAKER pro tempore. The A motion to reconsider was laid on f question is on the motion offered by the table. CHILD PROTECTION ACT OF 2012 the gentleman from Colorado (Mr. f LAMBORN) that the House suspend the The SPEAKER pro tempore. The un- rules and pass the bill, as amended. RECODIFICATION OF EXISTING finished business is the question on The question was taken; and (two- LAWS RELATED TO NATIONAL suspending the rules and passing the thirds being in the affirmative) the PARK SERVICE bill (H.R. 6063) to amend title 18, rules were suspended and the bill, as The SPEAKER pro tempore. The un- United States Code, with respect to amended, was passed. finished business is the question on child pornography and child exploi- A motion to reconsider was laid on suspending the rules and passing the tation offenses. the table. bill (H.R. 1950) to enact title 54, United The Clerk read the title of the bill.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13156 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 The SPEAKER pro tempore. The The Clerk read the title of the bill. was almost completely circumscribed question is on the motion offered by The SPEAKER pro tempore. The by pretty much one decision and a cou- the gentleman from Texas (Mr. SMITH) question is on the motion offered by ple of others, the Buckley v. Valeo de- that the House suspend the rules and the gentleman from Texas (Mr. SMITH) cision and all the cases that followed. pass the bill. that the House suspend the rules and During that time, we could not have The question was taken; and (two- pass the bill, as amended. imagined a more desolate campaign fi- thirds being in the affirmative) the The question was taken; and (two- nance landscape, in fact, than the one rules were suspended and the bill was thirds being in the affirmative) the we have here today, Mr. Speaker. Here passed. rules were suspended and the bill, as we are facing the Supreme Court’s 2010 A motion to reconsider was laid on amended, was passed. decision in Citizens United v. The Fed- the table. The title was amended so as to read: eral Election Commission. Now, you f ‘‘A bill to direct the Attorney General would think that a lot of people would to give priority in the allocation of not really be familiar with any one Su- STOPPING TAX OFFENDERS AND Federal law enforcement personnel and preme Court decision, but in fact all PROSECUTING IDENTITY THEFT resources to States and local jurisdic- across this country people are outraged ACT OF 2012 tions that have a high incidence of by that decision because it has been The SPEAKER pro tempore. The un- homicide or other violent crime.’’. devastating to the political system. finished business is the question on A motion to reconsider was laid on Now, Mr. Speaker, my congressional suspending the rules and passing the the table. district is in the metropolitan Wash- bill (H.R. 4362) to provide effective f ington area, in the Maryland suburbs, criminal prosecutions for certain iden- and so we get the benefit in this area of tity thefts, and for other purposes. CAMPAIGN FINANCE REFORM hearing advertising that comes on tele- The Clerk read the title of the bill. The SPEAKER pro tempore. Under vision from Virginia. Now, Virginia is a The SPEAKER pro tempore. The the Speaker’s announced policy of Jan- battleground State in the Presidential question is on the motion offered by uary 5, 2011, the gentlewoman from elections, and so that means that we the gentleman from Texas (Mr. SMITH) Maryland (Ms. EDWARDS) is recognized get to experience in Maryland, where that the House suspend the rules and for 35 minutes as the designee of the we wouldn’t ordinarily, all of the elec- pass the bill. minority leader. tion advertising. What we see is ad The question was taken; and (two- Ms. EDWARDS. Mr. Speaker, you after ad. And you can’t even read the thirds being in the affirmative) the know, they say that he who pays the small print on the ad. You don’t know rules were suspended and the bill was piper plays the tune; but unfortunately who’s paying for it. You don’t know passed. in today’s campaign finance system, where it’s coming from. You don’t A motion to reconsider was laid on it’s just like one Johnny One Note, and know what’s behind it because none of the table. it’s about millionaires and billionaires. that is disclosed. You hear hammering f I rise today, Mr. Speaker, to speak on one candidate or hammering another an important issue. The fact is that EDWARD BYRNE MEMORIAL JUS- candidate. our democracy is for sale to the high- TICE ASSISTANCE GRANT PRO- And so here you sit, as an ordinary est bidder. Super PACs, millionaires GRAM REAUTHORIZATION ACT person at home just wanting to get up and billionaires are taking over our OF 2012 and take care of your family and make election. They’re doing what ordinary sure that your kids are okay, and this The SPEAKER pro tempore. The un- individuals don’t have any capacity to political system has gone amuck and finished business is the question on do, and the impact on policymaking awash in campaign dollars, money suspending the rules and passing the and on elections is debilitating. It coming from all sorts of sources. bill (H.R. 6062) to reauthorize the Ed- makes voiceless the very people, Mr. But what Citizens United did was it ward Byrne Memorial Justice Assist- Speaker, who most need a voice in upended the role of the people in the ance Grant Program through fiscal these very troubling times. Our sen- process and took away our voice in the year 2017. iors, young people, poor people, work- face of unlimited, undisclosed sources The Clerk read the title of the bill. ing people, women, middle-income fam- of money that did not, in the past, The SPEAKER pro tempore. The ilies, and small business owners, all of have a place in the campaign finance question is on the motion offered by them have just been shut down because mix. Well, Mr. Speaker, I think this the gentleman from Texas (Mr. SMITH) of this system. But it’s worse now than can’t continue. We can’t allow it to go that the House suspend the rules and it was even in the dark days of Water- unchecked. It’s just been too debili- pass the bill. gate. tating to people at home. It has an im- The question was taken; and (two- Now, before coming to Congress, Mr. pact all across the board on participa- thirds being in the affirmative) the Speaker, I spent nearly 15 years of my tion, on whether people feel that they rules were suspended and the bill was career actually working on issues re- have a voice in policymaking, on the passed. lated to campaign finance reform, elec- candidates who choose to run for elect- A motion to reconsider was laid on tion law, voting rights, and governed office or not. I can understand why the table. ment ethics, from my time as a lawyer the American people feel like, you f to my service as executive director of know what, I just want to shut down b 2050 several nonprofit organizations; and I because the system simply isn’t work- just can’t think of a worse time than ing for me. FEDERAL LAW ENFORCEMENT this time that we’re living in now. So here we are, Mr. Speaker, and I’m PERSONNEL AND RESOURCES The complexity of balancing impor- glad to have this opportunity to say a ALLOCATION IMPROVEMENT ACT tant constitutional considerations is few words this evening because we’re 97 OF 2012 really important, but appropriate pub- calendar days away from the November The SPEAKER pro tempore. The un- lic policy is also important; and we’re 2012 election, but we’re 16 legislative finished business is the question on just not striking that balance. In fact, days away. That means that Congress— suspending the rules and passing the Mr. Speaker, if you think about it, in every elected Member of the House and bill (H.R. 1550) to establish programs in the days following Watergate and the the Senate—has 16 legislative days, 16 the Department of Justice and in the reforms that came thereafter, much of days of opportunity to restore sanity Department of Homeland Security to the way that we thought about our to the campaign finance system, to let help States that have high rates of campaign finance system and that we the people know that we actually care homicide and other violent crime, and thought about the role of money in pol- about whether their voice is important, for other purposes, as amended. itics and its relation to policymaking versus the voices of the millionaires

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13157 and the billionaires who get to set the ability to spend out of their corporate the way that the American people feel agenda. Sixteen days. There’s a lot treasuries when corporations are about our elected officials, feel about that you can do in 16 days—or you can formed for all kinds of reasons, but not our elected institutions, feel about the do nothing. That’s the choice that we really to spend out of their treasuries ability of our institutions to respond to have today. like people, real people can and should their everyday needs. We must know So there can’t be any doubt that in in the political process. But Citizens that that is deeply connected to the fact we’ve entered a really unprece- United changed all of that. role, the perverse role of money and dented era in our political system, Then came another case. Now keep in politics. where super PACs rule. I didn’t even mind, this is just in the last 2 years I don’t have to tell the American peo- know what a super PAC was, most that our system has been completely ple. Mr. Speaker, you don’t have to tell Americans probably didn’t, but we sure upended. Then came another case the American people because they do now, where one person, one vote has called speechnow.org v. the Federal know. They know in their gut that it’s been more appropriate for a history Election Commission. And what the actually wrong for corporations to lesson than a description of the elec- United States Court of Appeals for the reach in their treasuries and spend on toral process. District of Columbia decided was that campaigns. They know in their gut How did we get to this framework contributions to political action com- that it’s wrong for a handful of million- that allows a free rein to outside orga- mittees that only make supposed inde- aires and billionaires to control the nizations, to corporations and their pendent expenditures can’t be limited. agenda, to control the policy, to con- treasuries, to the wealthy, allowing That’s right: unlimited contributions trol the message. They know it’s them to raise unlimited amounts of from political action committees. wrong. cash to influence American elections? These have come to be known as super Now, Justice Kennedy, in his major- The question really is that we got here PACs. ity opinion—and, remember, the major- because of Citizens United. And why are they so super? Because ity won in Citizens United—stated that So, 2 years ago, the Supreme Court, it’s unlimited money, and it’s just ‘‘independent expenditures simply do in a 5–4 ruling, said, you know what, gushing into the political system. In not give rise to corruption or the ap- we’re going to invalidate everything States all across the country that are pearance of corruption.’’ Clearly, the Justice has not really we’ve known about the campaign fi- the favored battleground States, people participated in politics because you nance system; the Federal Election in those States, and States like North don’t have to look very far to know Campaign Act—which has been ren- Carolina and Virginia and Ohio and that, in fact, the corruption is actually dered pretty much useless; the bipar- other States, can actually see that rampant. Now, there is the appearance tisan—and I’ll repeat that, bipartisan, money firsthand because it’s just being of corruption, maybe not out right. No- Mr. Speaker, Campaign Reform Act spent like crazy. And you know what? With 97 days, body’s buying or selling a vote. That’s that was a way that Republicans and not the point. Mr. Speaker, left until the election, Democrats came together for things But the point is that it appears to be there will be more. like disclosure and limiting contribu- just really dirty. Most people look at In fact, I think that the American tions and circumscribing the role of our politics, they look at the nastiness, people will be so sick and tired of the money in politics, and in a 5–4 decision, and you know what, Mr. Speaker? They advertising and not knowing who’s be- the United States Supreme Court just want to wash their hands. threw it all out. In doing so, what the hind it and the cross-messaging and Now, it’s possible that this flow of Court did was it struck down long-time things that may or may not be true, super PACS into elections would allow prohibitions against corporate use of but you have no way of checking it, the for independent expenditures; but the general treasury funds for independent American people are going to be so sick fact is there’s nothing independent expenditures and for communicating in and so outraged that they will con- about it. It’s not independent when a elections. tinue to demand, as they have been, family member starts a super PAC. It’s Now, what the American people need that we return some sanity to the sys- not independent when a former busi- to understand, Mr. Speaker, is that tem. ness partner starts a super PAC. It’s means that no matter what corpora- These court decisions, of course, have not independent when former col- tion you are, maybe you represent in- said that corporations have equal leagues and coworkers start a super surance companies or the financial sec- rights to those of an individual. Can PAC and then begin spending on elec- tor or the energy sector or any number you imagine that your local corporations not very far from the candidate. of sectors that certainly hire a lot of tion that does a great job of hiring peo- And the American people understand employees, and they have shareholders, ple in your community is on par with this. but what the Supreme Court said is an individual when it comes to making Now, we can try to pretend that it’s we’re going to reach into the corporate a political contribution? But that is, in something different, but it’s not dif- piggy bank and we’re going to allow effect, the land that we live in right ferent. The operations of these super corporations—for the first time ever, now. PACs provide a stark contrast to the really, in our modern-day politics—to The result has been a stunning influx flawed assumptions that the Court spend their money directly on cam- of money that threatens to erode our made in its ruling. paigns. democratic process and leads us to It’s up to us in the Congress, in 16 Now, Mr. Speaker, corporations have even lower voter participation rates. legislative days, 97 days before this im- name-brand identity, so they don’t do The danger of Citizens United and the portant election, to change that dy- this willy-nilly. So what do they do? cases that followed was actually her- namic, to say that for the future, that They pass it through an organization alded by Justice Stevens in his dis- for going forward, we understand that that’s a shadow organization so we senting opinion in the case. And he there is no role for this kind of money don’t know where that money is com- couldn’t have been more prescient. in our politics. There’s no role for it in ing in directly until after the fact. Here’s what he said. He warned that it our elections. Maybe we see three-point type on a tel- would ‘‘undermine the integrity of And so, although these organizations evision screen that flashes right by, elected institutions around the Na- have been supposedly declared inde- Mr. Speaker; but the fact is the Amer- tion.’’ pendent by the courts, the reality is ican public doesn’t know. Well, you don’t have to look very far, that they flout the coordination rules Mr. Speaker, to know that the Amer- that have set up, that supposedly b 2100 ican people understand and believe would keep them independent, staffers, Now, there had been long-settled that our institution is about as low as family, friends of a particular can- cases in this country that said that you can go. I mean, all of us have seen didate that the super PAC is sup- corporations actually didn’t have the the numbers; and it can’t be separated, porting.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13158 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 No great secret. In fact, coming out who, keep in mind, said that he had CLOSE, introduced by my colleague of the Republican primary elections, it supported Citizens United, concluded, from Maryland, CHRIS VAN HOLLEN. was no secret at all who the million- ‘‘I think,’’ referring to the anonymous Many of us have signed onto it. That aires and the billionaires were putting ads, ‘‘that it debilitates politics.’’ He disclosure bill was brought up in the their money behind. And so, while the said, ‘‘I think it strengthens million- Senate. It has been brought up over official campaign and the candidate are aires and it weakens middle class can- here in the House. And do you know allowed to keep their hands clean, and didates.’’ what? It has gone nowhere. It’s the I use that term loosely, clean, these I couldn’t agree with him more. I same people who over the last 20 years shadow arms of a campaign are used to could not agree with him more. or more, even since Buckley v. Valeo— launch unrelenting attacks against an b 2110 certainly more—said we support disclo- opponent that they pretend or that are sure. We are robust supporters of dis- unaffiliated with a particular can- Mr. Speaker, the landscape has con- closure, but not today. Not today, Mr. didate or an election strategy. It’s al- tinued to darken as we march toward Speaker. Not today. They don’t want most laughable. And in fact I think the general election with groups that to disclose anyone—any individual, any people at home, when they’re not tun- are collecting and planning to spend corporation—that’s behind these con- ing out, in fact they’re laughing at us. enormous sums of money. tributions. Justin Stevens’ warning materialized American Crossroads and Priorities Why is that? initially in the 2010 election. I know USA reportedly plan to raise and spend It’s about politics, Mr. Speaker. It’s that I recall that because for the first $240 million and $100 million respec- because maybe it’s working in the time in our history, corporate and tively on the election. Just recently, favor of those who don’t want disclo- wealthy individuals really began to National Public Radio reported that sure, who don’t want their names out flood the airwaves. And here we are in Republican super PACs and other out- there, who don’t want the American 2012, and in that 2-year interim, boy, side groups, including Karl Rove, the public, whether it’s in my district or in have they figured out this system, Mr. Koch brothers, and Tom Donohue of any other district, to know who they Speaker. And it’s all over the place, the U.S. Chamber of Commerce—sup- are and to know what’s being spent. flooding the entire electoral process. posedly independent—plan to spend a Of course, I envision that, like many In the 2010 election cycle, the spend- combined $1 billion before election day. Members of Congress, you could run ing by corporations and outside groups That’s right. The American people need the risk as a Member of Congress, to be actually multiplied fourfold from the to understand that. $1 billion. Unless sure, in speaking out against this 2006 election, going to nearly $300 mil- we think that this is just about Repub- nasty, dirty, unlimited money in our lion, astonishing at that time. But you licans, Democrats are trying to play, politics, and they’ll all gang up on you. know what? You haven’t seen anything too. It doesn’t matter who is playing. I’m going to take that risk, Mr. Speak- yet. It’s wrong. er, because I happen to believe that the Let’s take a look at where we are According to the Center for Respon- American people are sick and tired of today. From 2008 to 2010, the average sive Politics, as of August 1—that’s it. They want us to do something about amount spent for a House seat, that is, today—705 groups have organized as it. It’s important for us to speak out for a winning candidate, increased 32 super PACs and have reported receipts about that because otherwise we lose percent, from about $2 million to over of over $318 million and independent everything. We lose participation. We $2.7 million. But as we know, the worst expenditures already of more than $167 lose people wanting to be involved and really was yet to come. million in the 2012 election cycle. engaged in politics and wanting to run At the start of the 2012 Republican That’s as of today and here we are. for elected office. Those who pay the Presidential primaries, we really began They’ve got 97 more days to raise more piper just get to carry on in the proc- to see the creep and the crawl and the money, to spend more money and to do ess. We can’t allow that to happen. impact and the danger of Citizens all of that undercover. I want to put it So I believe in disclosure, but I don’t United. And the results, as I said, were into stark contrast because just a cou- think we can end at disclosure. I think on full display in Iowa. Super PACs ple of weeks ago, just 2 weeks ago, the we have to go a step farther. We want there actually outspent candidates 2–1. numbers stood at 678. Today, it’s 705— to promote that kind of transparency, That’s right, the so-called independent who knows what it will be next though, in the political process. We expenditure groups outspent the actual week?—with receipts of $281 million. want to enhance the public reporting candidates. The super PACs had a big- Now those receipts are $318 million. by corporations and unions and all out- ger voice than the actual candidates Can you do a little math on a multi- side groups. I’m happy to let anybody for the Republican primary. plier? Because this thing is like rapid know who is funding my elections. All Republican Presidential hopeful and fire all across the country in this elec- of us should be pleased to do that be- former Speaker of this House, Newt tion cycle. The growth is really out of cause we know that it contributes to Gingrich, who, at the time, actually control. the public confidence in us as elected supported the Supreme Court’s deci- Citizens United will continue to officials. I want to stand by any ad and sion, what did he see? He saw his poll allow super PACs to permeate the air- say I approve of this message. Well, a numbers plummet after a barrage at- waves with distortions and with half- corporation should stand by and say tack of about $4 million in negative ad- truths, all of it in an attempt to alter that it approves of that message, too. I vertising that was paid for by Restore the political discourse. This is not want to know who is behind those ads. Our Future, a super PAC supporting about what candidates are saying indi- I think we still have 16 legislative former Governor Mitt Romney and run vidually. It’s hard to even hear directly days left in this Congress. Bring DIS- by his former staffers. from them because we’re hearing so CLOSE to the floor. It’s time to do the The same group then poured nearly much from the super PACs. right thing. Now, I don’t control the $8 million into the Florida primary, I can recall many years ago when I agenda on the floor, Mr. Speaker. The with Winning Our Future, a super PAC began working on issues of campaign Republican majority does. They do supporting former Speaker Gingrich finance reform, it was the Republicans have the capacity to bring reforms to spending a $6 million ad buy. who said, Do you know what, we don’t this floor before we do anything else. Let’s look at the numbers. And I’m want all that other regulation, but we I also think this campaign finance sure the American public, Mr. Speaker, love disclosure. It turns out that now, problem requires some other things, must be saying, I can’t believe they in the day when the majority opinion too, which is why I’ve supported the spend that much money on politics. in Citizens United declared that the Fair Elections Now Act. It’s in the But surely they do. one thing that wasn’t off limits is actu- Senate as S. 750, and here in the House And after being targeted by Restore ally disclosure, Democrats have put it’s H.R. 1404. It’s modeled after suc- Our Future, former Speaker Gingrich, forward a disclosure bill called DIS- cessful programs in the States. There

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13159 are some people who believe the States I know that, since then, there have swered that question unequivocally. are the laboratories for democracy. I been a number of other constitutional The Supreme Court has also said, You share that belief. The States have ex- amendments introduced. Just last know what, if Congress wants to do perimented with ways in which you week, I testified over in the Senate Ju- something, then Congress has to act in could fund campaigns to encourage dif- diciary Subcommittee on the Constitu- this way. I don’t question that the Su- ferent and more diverse people to run tion where there is the consideration of preme Court made this decision. I ac- for elective office and with ways that a constitutional amendment in the cept that. It was a 5–4 ruling. That’s you could clean the dirty money out of Senate. Now is the time. the way our system works. The other the system so that we’re not governed The other thing that we could do in part of our system is that free thinking by making phone calls and asking peo- these legislative days, in addition to Members of the United States House of ple for money to fund our campaigns. I bringing the DISCLOSE Act to this Representatives and of the Senate think that the Fair Elections Now Act floor, is to convene serious hearings come together to do what’s right for actually does that, and it’s why I’ve among serious people about amending the American people. supported it. the Constitution so that we can restore Mr. Speaker, here’s what I would say What would happen is we would cre- sanity to our system and to make sure in closing. Millionaires and billionaires ate a voluntary program where con- that our citizens’ voices count more are really doing simply what ordinary gressional candidates could actually than those voices of those just digging citizens can’t do anymore. They’ve got qualify for funding to run for competi- into corporate treasuries. all the strings. I can understand, Mr. tive elections and campaigns. In ex- I don’t think there is even one way to Speaker, that there are people at home change, what those participating can- do this, but I think it’s important to who just really aren’t sure where they didates would do—and what I would do put something on the table. I urge the fit in this system. They’re not sure as a candidate—is agree to strict cam- consideration by this House of House what it means for their elected offi- paign limits and to forgo all private Joint Resolution 78, which is an cials to be responsive to them because fundraising. amendment to the Constitution. It they believe that there’s somebody out To the American public, Mr. Speaker, goes on the very limited track of say- there who has more money and, as a re- what I would say is, If you don’t own ing that Congress, indeed, has the au- sult, more power and, as a result, more your elections, then who does? thority that it needs under our Con- influence than they do at home. Right now we know that we don’t I’ve traveled all across this country, own our elections. We need that kind of stitution to make the changes that we and I have to tell you that it doesn’t reform. So I believe those interim re- need to of the campaign finance system matter whether you’re in Maine or forms are really necessary. Yet as an in order to make sure that elections Montana, or you’re all the way down attorney and as somebody who has are owned by the American people. through the South of this country and spent decades working on campaign fi- b 2120 all across this great landscape, people nance, I think that we have to go far- It’s a really simple thing to do, and really want to feel that they have some ther. let’s take it to the legislatures. I think that what the Court says is, power, that they have some influence. Because so many of my colleagues Mr. Speaker, they just don’t have that Congress, you don’t have any authority have introduced constitutional amend- to regulate except by doing disclosure. right now. ments also, many of us have actually I just don’t even know another way To me, what that means is that it re- joined with people all across this coun- quires the serious consideration of an to say that there’s a ‘‘for sale’’ sign on try. In fact, millions of people across amendment to the Constitution. I don’t the doors. I see poor old Uncle Sam this country are calling for us to be on take that lightly. In fact, as an advo- here. He’s looking mighty sad, Mr. the side of democracy, and we’ve signed cate and as a donor long before I came Speaker. I’ve never seen a more sad on to a declaration for democracy. I’m to Congress, I spent the better part of looking Uncle Sam. Part of the reason a proud declarant for democracy. We my career shunning attempts by re- is because he’s shackled. He’s shackled have 275 cities and towns from New form groups who would come to me and by $100 million from Priorities USA Ac- York to Boulder, to Los Angeles, all who wanted me to work on reforms tion. Uncle Sam is shackled by $300 across the country, big cities, small that required us to amend the Con- million from Karl Rove and American cities, who have called on a declaration stitution. I always said no. Crossroads. Uncle Sam is shackled by The reason is that I think amending for democracy to pass anti-Citizens $61 million from only 26 billionaires. the Constitution is a serious step and United resolutions. We might differ on Uncle Sam is shackled by $39 million requires serious consideration, but here the subtleties on what this resolution from who knows who else. And poor the Supreme Court really hasn’t left us might be, but that’s the job of the Uncle Sam, sad with his hand out, is any choice. In fact, in a couple of cases United States Congress, to hear it out, shackled by $400 million from the Koch from Citizens United, they inasmuch to hear all sides, to hear from constitu- Brothers, shackled by $100 million from have said so. They said pretty directly, tional scholars about how we need to Sheldon Adelson. Congress, you don’t have the authority do this, but to do this together for the We could put a lot more up there, Mr. to regulate campaigns except to the ex- American people. Speaker, but it’s time for the United tent that you do disclosure. Over 1,854 public officials across the States Congress to remove the shackles So I have made a proposal to amend country, including 92 Members of the of money from Uncle Sam so that we the Constitution. I worked with Lau- House, 28 senators, and over 2,000 busi- don’t continue to sell our democracy. rence Tribe, a noted constitutional pro- ness leaders across the country have It’s time for us to remove the shackles. fessor. I worked with colleagues here in said it’s time for us to take a stand for It’s time for us to say to the million- the Congress, including the then-House democracy. They’ve signed their name aires and billionaires, You’ve got to chairman of the Judiciary, JOHN CON- to our declaration for democracy. I play just like the person who gives $5 YERS in the last Congress. I reintro- would encourage all of our colleagues, or $1. Not a lot of people give money to duced that amendment in this Congress before you leave town, sign your name political campaigns. I can certainly un- because I think that the time is now. to the declaration for democracy. Show derstand that. I’ve always questioned the rationale the American people that we stand on Mr. Speaker, I would close by urging for the Court’s decision, but I’ve done a their side. us to use the 16 legislative days that reality check because writing this deci- There’s no doubt that it’s a bold step are left to restore democracy, to re- sion requires us to start in the Halls of to amend a document that’s only been store sanity, by acting for the Amer- this Congress. It requires us to con- amended 27 times, and some would ican people to restore the campaign fi- tinue on to the States with a constitu- question the need to fix the problem nance system. tional amendment. So I’ve introduced with a constitutional amendment. But With that, I yield back the balance of this amendment. the Supreme Court pretty much an- my time.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13160 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 20TH ANNIVERSARY OF PRIESTS And so, thought I, the anvil called the sage of love, forgiveness, truth, and FOR LIFE master’s Word, for ages skeptic blows have reconciliation both to friendly audi- beat upon; ences who draw encouragement from The SPEAKER pro tempore. Under Yet, though the noise of falling blows was the Speaker’s announced policy of Jan- heard, The anvil is unharmed, and the ham- his messages and to those—especially uary 5, 2011, the gentlewoman from mers gone. post-abortive women—who suffer and Minnesota (Mrs. BACHMANN) is recog- Father Pavone and others who com- are in deep pain. I have heard Father Pavone chal- nized for 35 minutes as the designee of mand the interest in life understand lenge priests to more robustly defend the majority leader. the power of truth, the truth that the sanctity of life, especially in their GENERAL LEAVE comes with the Creator, a Creator who homilies. In promoting the gospel of Mrs. BACHMANN. Mr. Speaker, I ask has designed life itself for good and for life, he insists no venue should be for- unanimous consent that all Members the best interests of all. may have 5 legislative days in which to In our great document, the Declara- saken or ignored. Whether it be from revise and extend their remarks and in- tion of Independence, it said: the pulpit or in the public square, Fa- ther Pavone couldn’t be more clear: clude extraneous material on the sub- We hold these truths to be self-evident, ject of my Special Order. that all men are created equal and are en- Speak out with candor, clarity and The SPEAKER pro tempore. Is there dowed by their Creator with certain compassion—silence is not an option. objection to the request of the gentle- unalienable, God given rights, among them, Silence, I’ve heard him say, does a woman from Minnesota? the right to life, liberty and the pursuit of woman contemplating abortion no There was no objection. happiness. favor whatsoever. She needs pro-life options, real alternatives presented in Mrs. BACHMANN. Today, Mr. Speak- b 2130 er, we mark the 20th anniversary of a meaningful way. She needs under- Priests for Life, and I’m pleased to And so, Mr. Speaker, I would just standing and genuine support. And oth- yield 1 minute to my colleague, JEAN refer back to the truth. Tonight, as we ers who might help her need to know SCHMIDT, of Ohio. think about life and honor and organi- that their willingness to assist might Mrs. SCHMIDT. Thank you for giving zations like Priests for Life and others be the difference between life and me 1 minute. who understand the truth that are con- death. I do want to celebrate the 20th anni- tained in words like this, ‘‘Behold, chil- In like matter, Father Pavone and versary, and I want to celebrate three dren are a gift of the Lord, The fruit of Executive Director Janet Morana are pro-life advocates in my own home- the womb is a reward’’; of the prophet unceasing in their efforts to tangibly town. The first is Archbishop Dennis Jeremiah, of whom it was said, ‘‘Before aid post-abortive women who often suf- Schnurr, who has been unequivocally I formed you in the womb, I knew you. fer not only physical damage from in the forefront of this movement. I Before you were born, I set you apart,’’ abortion but lifelong negative emo- have stood with Archbishop Schnurr in that’s life before even the womb was tional, psychological, and spiritual front of Planned Parenthood of Greater open. consequences. The Silent No More Cincinnati praying the rosary. I have And then that beautiful psalm, Awareness Campaign provides a safe walked with him in the Cross the Psalm 139, says: place for women who have had abor- Bridge for Life. I’ve watched him get For You formed my inward parts. You tions to grieve and find peace. on a bus with schoolchildren and come wove me in my mother’s womb. I will give Amazingly, Father Pavone also up here to Washington for the March thanks to You, for I am fearfully and won- steadfastly reaches out to the actual derfully made. Wonderful are Your works, purveyors of death in the abortion infor Life. Auxiliary Bishop Joseph and my soul knows it very well. My frame Binzer is another pro-life advocate who was not hidden from You when I was made in dustry. This good priest sees not just has walked the walk and talked the secret and skillfully wrought in the depths of the abortionist and their enablers com- talk. And most importantly, my own the Earth. Your eyes have seen my unformed mitting violence against women and parish priest, Father Michael Cordier, substance. And in Your book were all writ- babies, but what might be if we genu- who again has come up here to Wash- ten the days that were ordained for me, when inely care about their souls. Father ington with a group of students from as yet there was not one of them. Pavone reminds us that we are to pray St. Elizabeth Ann Seton and St. An- Father Frank, we thank you for your for them, care for them, all while tena- drew to March for Life, but most im- work and the Priests for Life. We ciously opposing the deeds that they portantly in his own personal life has thank all of those who stand for life. do. witnessed his brother and his sister-in- Mr. Speaker, I thank this body for Abby Johnson, a woman who ran a law with a very challenged girl, Sophia the opportunity to speak for the prin- Planned Parenthood abortion clinic for Cordier, who not only exemplified what ciple that God created life for a pur- 8 years in Texas, said of Father the meaning of life is, but as she passed pose, and we must adore it and con- Pavone: into her eternal reward earlier this tinue it on. Father Frank Pavone has been a staple in year, has become an emblematic por- Mrs. BACHMANN. Mr. Speaker, I my house for many years, even during my tion of the right-to-life movement in now yield to Representative CHRIS Planned Parenthood years. Every week, I SMITH of New Jersey, the leading voice would record and watch Defending Life on greater Cincinnati. EWTN. I enjoyed watching him, even if I dis- Mrs. BACHMANN. Mr. Speaker, I for the pro-life cause and for the unborn across the United States. agreed. I loved how outspoken he was and now yield 3 minutes to Mr. WALBERG of how he didn’t seem to live in the gray. You Michigan. Mr. SMITH of New Jersey. I thank know, everything seemed black-and-white Mr. WALBERG. I thank the gentle- my good friend for yielding and thank for him. Right and wrong was clear. lady. I thank you for commanding this her for calling this very important Spe- I remember watching him during the Terri time to call attention to people, heroes cial Order. Schiavo tragedy. I was drawn to his gentle of life like Father Frank Pavone. For two decades, I, along with count- spirit. I had seen two sides to him—or was it? Congressman RON PAUL, one of our less others, have been moved, inspired, One side was so unabashedly, colleagues, shared a poem with me on and motivated to defend the weakest unapologetically, and passionately against and most vulnerable among us by the abortion. The other was a man who had an the floor one day. It caught my atten- incredibly compassionate heart and a kind tion. It’s called ‘‘The Anvil’’: remarkable life and pro-life witness of spirit. This was the man who was helping a Last eve I passed beside a blacksmith door, Father Frank Pavone. Ordained to the family grieve the loss of their daughter. But and heard the anvil ring the vesper chime; Roman Catholic priesthood by Cardinal now I see they are the same. Father Frank is Looking in, I saw upon the floor old ham- John O’Connor in 1988, Father Pavone for life, all life. His compassion for life fuels mers, worn with beating years of time. celebrates 20 years since the founding his passion. ‘How many anvils have you had,’ said I, ‘To Mr. Speaker, Priests for Life turns wear and batter all these hammers so?’ of Priests for Life, the organization he ‘Just one,’ said he, and then with twin- so effectively leads. 20, doing best what it has done so faith- kling eye, ‘The anvil wears the hammers out, A prolific writer and gifted speaker, fully, defending the least of these as if you know.’ Father Pavone takes the gospel mes- it were the Lord, Himself.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13161 Mrs. BACHMANN. I thank you, Mr. But then we took it a step further. work if I was required to provide the services SMITH, for your important pro-life There were still concerns that we had this mandate has imposed. voice, and thank you for the years of defined where power is coming from— Indeed, it is sad that the Health and steadfastness on this issue. And we do from the natural inherent dignity of Human Services ruling seems most per- thank Father Pavone and also Priests the person—but we also wanted to de- niciously targeted at faith-based pro- for Life. fine what government must not do, and viders who are the backstop of compas- Now I would like to yield to a won- so we wrote the Bill of Rights, the first sionate care for our most vulnerable. derful Member from Nebraska, Mr. 10 amendments to the Constitution. Throughout our history, the U.S. JEFF FORTENBERRY, an important pro- And the First Amendment starts with health care service has in large meas- life voice here in the United States these words: ure owed its success to the doctors, Congress. Congress shall make no law respecting an nurses, and health care providers staff- Mr. FORTENBERRY. I thank the establishment of religion, or prohibiting the ing faith-based institutions. These in- gentlelady from Minnesota for yield- free exercise thereof; or abridging the free- stitutions, including hospitals and uni- ing, and thank you for your stalwart dom of speech, or of the press, or the right of versity clinics and nonprofit health in- and courageous stand for life tonight. the people peaceably to assemble, and to pe- stitutions, serve the common good of Women deserve better than abortion, tition the Government for a redress of griev- ances. all Americans. The government should and of course celebrating an extraor- celebrate the contribution of these Now, Mr. Speaker, the threats to re- dinary organization such as Priests for faith-based entities, which fulfill the ligious liberty in our country are often Life who have tried to heal the wound- mission of helping the sick and serving more subtle than in other parts of the ed and protect those who are most vul- the poor. Without them, we will see re- world. But as a legislator, what has nerable is, of course, an extraordinary duced access to high-quality care, espe- grieved me deeply is that, for the first cause. cially for vulnerable persons who have time in the history of health care in Mr. Speaker, as my colleagues and I traditionally relied on these benevo- the United States, Americans are being gather on the floor, I am going to turn lent organizations of civil society. Sev- forced to choose to either obey the gov- the subject to another matter because eral health care practitioners have told ernment or violate their personal con- we are marking what could possibly be me personally that they would choose victions. Buried in the President’s 2010 considered one of the most significant to leave their professions rather than health care law was a provision empow- turning points in the history of our Na- compromise their beliefs. But undoubt- ering the Secretary of Health and tion. But it is not a cause for celebra- edly, some will not obey the govern- Human Services, Kathleen Sebelius, to tion. ment. And our government has effec- issue rules on preventative services. In America, where we have a legacy tively condemned them. of principle that undergirds our Nation b 2140 Another man who was condemned for and makes it possible to create pros- Who could have predicted that she his beliefs had this to say: perity—not just material means, but a would use her authority, sanctioned by I submit that an individual that breaks a flourishing of the potential of each per- President Obama, to force everyone to law that conscience tells him is unjust, and son—where does that principle come purchase drugs and procedures—includ- willingly accepts the penalty by staying in from? Well, we’ve all heard the line ing abortion-inducing drugs—that vio- jail to arouse the conscience of the commu- from the earliest of our founding docu- nity over its injustice, is, in reality, express- late the fundamental ethical sensibili- ing the very highest respect for the law. ments, the Declaration of Independ- ties of many Americans. ence, which goes like this: No American should be forced to So wrote Dr. Martin Luther King We hold these truths to be self-evident, choose between their conscience and from the Birmingham jail. that all men are created equal, that they are their livelihood. No American should The purpose of our government is to endowed by their Creator with certain be forced to stand for their deeply held, create just structures for societal unalienable rights, that among these are life, reasoned beliefs, or stand convicted by order, empowering liberty, beginning liberty and the pursuit of happiness. government coercion. No American with the affirmation of the natural This is the operative philosophical should be forced to choose between rights of the person, including the paradigm of our culture, so much so we their faith and their job. This is wrong. most basic right of conscience. In my don’t even think about it—that our It is a false choice. It is unjust. It is office, there is a copy of a draft of the rights are not conferred by a king or a unnecessary. It is un-American, and it Bill of Rights. The rights of conscience government. They are inherent, based is an affront to the very purpose of our were initially included in that draft. upon the dignity of each person. government derived from the consent But by the final version, that right was And as we worked this out in the of the governed. formalized by the concept of religious early stages of our development of our America owes its unique character freedom, perhaps given that the rights country, we wrote a Constitution and strength to empowering, proof conscience were such an ordinarily which basically did one thing: It detecting, and upholding the inalienable understood concept that its fullness did fined power, and it defined power as rights of her citizens. Health care not need provision. James Madison, the coming from the consent of the govern- should be about the common good, car- architect of the Constitution, wrote ment, consistent with our operative ing for the sick, and healing the that ‘‘conscience is the most sacred of philosophical paradigm of the inherent wounded. Health care policy should not all property,’’ linking conscience rights dignity and rights and responsibilities be a vehicle to drive divisive ideology, to the foundation of religious liberty. of each individual person. forcing Americans to violate deeply In 1809, Thomas Jefferson stated Beyond that, the consent of the gov- held beliefs. The Health and Human that: erned turns that power over to rep- Services mandate violates the funda- No provision in our Constitution ought to resentatives who then make prudential mental principle of religious liberty be dearer to man than that which protects judgments about what is in the com- and the rights of conscience so dear to the rights of conscience against the enter- mon good. We make the law and are this country. America owes its unique prises of civil authority. held accountable by the people in elec- character and strength to empowering, The Health and Human Services tions. protecting, and upholding those rights mandate violates the fundamental We then spread that power out. We of her citizens. principle of religious liberty and rights developed three branches of govern- Mr. Speaker, Karen McGiveny- of conscience so dear to our country. ment: the Congress makes the law; the Llechtl, one of my constituents, sent No American should be forced to President enforces the law; and the ju- me this email: choose between violating their con- diciary interprets the law in order that As a woman’s health practitioner and a science in order to serve the public. we have even more balance of power to Catholic, I need the ability to stay within From the faith-based hospital to the ensure that it is not abused. my faith boundaries. I would be unable to business person providing health care

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD 13162 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 August 1, 2012 coverage in their insurance plan to Every year, Priests for Life holds continue to do to protect and defend their employees, to the school estab- nearly 1,000 retreats across America for the sanctity of every human life. lished for children with special needs, men and women who have lost a child I would now like to yield to one of no American should be forced to choose to abortion. Priests for Life also runs the strongest pro-life voices in the between their faith and their job. the very important Silent No More State of Texas, well-known and beloved This is why so many people of good- awareness campaign to mobilize men to Americans all across this Nation, will, regardless of their religious tradi- and women who have lost a child to Representative LOUIE GOHMERT. tions or their political affiliation, con- abortion but who have gone on to expe- Mr. GOHMERT. I thank my friend sider the Health and Human Services rience healing through God and who from Minnesota, my very, very dear mandate to be a gross affront to the now want to share their testimony. friend. very essence of what it means to be an One of the full-time members of This is an important day, Priests for American. And all of us must choose Priests for Life is a very important Life marking 20 years. As a Christian, our response. This is not simply a reli- voice in the United States, Dr. Alveda as a Southern Baptist, it is an honor to gious issue.It’s not a Catholic issue. King. I was just with her this last pay tribute to the Catholic priests who It’s not an Evangelical issue. It’s an weekend. Americans know her as the have stood strong, stood for life, that American issue. We all have a responsi- niece of Dr. Martin Luther King, Jr. precious one of the trilogy that was set bility to decide, informed by our faith, Alveda heads up the effort to reach the out in the Declaration of Independence. what our country means to us, and black community with the truth of But first life. Only if you have life can what it demands of us in this moment. abortion and how it disproportionately you then go to liberty and have a Last Friday, there was a Federal impacts unborn black children in the chance at a pursuit of happiness. judge who ruled in a court case in this United States. For those of us who believe the scrip- regard, and I think Federal Judge John Priests for Life also sponsors a non- ture written in the Old Testament, as Kane in Hercules v. Sebelius got it partisan voter registration drive, fo- did our founders, most all of them—in right. He had this to say: cused on saving innocent human life fact a third of the signers of the Dec- The government’s interests are countered, and helping to heal the hurt of men laration of Independence, over a third, and indeed outweighed, by the public inter- and women as they are post-abortive. were ordained Christian ministers—but est in the free exercise of religion. Through churches, they distribute certainly George Washington and even I thank the gentlelady from Min- voter guides. They train clergy on Ben Franklin, even though some his- nesota for her leadership on this impor- what they can do within the limits of tory teachers mislead their students tant issue, and so many others. the law to foster political responsi- these days. They all believed in those Mrs. BACHMANN. I thank you, Mr. bility. scriptures. FORTENBERRY, a father of five. And I’m Now, it is very difficult to find any When you look at the fall of the a mother of five, and so I thank you. national initiative to the pro-life northern kingdom of Israel, it’s a little Mr. Speaker, I will give just a few re- movement that either Father Frank scary, because, as I’ve read, one of the marks on Priests for Life and on their Pavone or Priests for Life are somehow things that God was angry over was 20th anniversary. Tonight is a very im- not deeply involved in. For example, in that people had fallen into such incred- portant night because, as we know, it February of this year, 2012, Priests for ible idol worship that they were willing has been 40 years since the infamous Life launched a lawsuit against the to sacrifice their own children. That is Roe v. Wade decision removed legal Health and Human Services mandate, so abominable. How could anybody love protection for those who are unborn, which we have heard much about this such idols and idol worship such that the youngest members of our society, evening, that requires job creators to they would sacrifice their own child those who still remain in the womb of offer health insurance coverage for and allow the taking of their own their mother. morally objectionable practices. child’s life? And since that time, numerous And then I thought about abortion in groups have risen up to restore that b 2150 this country, and we have no room to protection to the unborn and to edu- This mandate is an enormous affront talk. For 20 years, Priests for Life have cate the public about the issue that we to our First Amendment religious lib- known that, and they have stood firm all know as abortion, and to provide erty rights in the United States and it that the most essential right of our compassionate service, both to those needs to be stopped, because never be- Creator is life, and you can’t get to lib- who need alternatives to abortion and fore has this government, Mr. Speaker, erty until you start with life. those who need healing after abortion. required a job creator to provide insur- And then the irony of all ironies, I stand here today with my col- ance that includes contraception, abor- today, the first day that the Catholic leagues in the United States Congress tion-causing pills and sterilization. No church and really all of us who are to honor one extremely important in- organization, no American, Mr. Speak- Christians, all of us who believe in free- stitution known as Priests for Life as er, should have to violate their reli- dom of religion, all of us that in fact they celebrate 20 years of advocacy and gious beliefs because of this President’s actually believe the Constitution service to the unborn. As many people health care dictates. I am a mom to 28 means what it says have been slapped across America know, Priests for Life kids, five natural born children, 23 fos- down by this administration. Regard- is led by Father Frank Pavone. He is ter children. I believe with every fiber less of what the Supreme Court says, one of the strongest voices for the unin my being that every child matters the First Amendment makes clear, as born throughout the world, as well as and that we should have a right to life my friend from Nebraska (Mr. FORTEN- for children in America, and he stands for every American, because every life BERRY) says: strong because as we know, contrary to is precious, every life is sacred, and Congress shall make no law respecting an what its name might suggest, Priests every life is made in the image and establishment of religion or prohibiting the for Life isn’t just for priests, and it’s likeness of a holy God. Every life mat- free exercise thereof. not just for Catholics. ters. Or prohibiting the free exercise The work of Priests for Life has en- I’m extremely proud to be a part of thereof. abled Americans of every walk of life, the pro-life movement that is truly a And we have friends, Christian every ethnicity, every faith back- voice for the voiceless and to have been friends, who believe with all their ground, every political affiliation, to affiliated with Priests for Life and Fa- heart it is a right to practice their reli- awaken their consciences about the life ther Frank Pavone. As we take note of gion, and they have these religious be- issue, to speak up for the unborn. And the 20th anniversary of one of the lead- liefs, and this administration has de- here’s just a few of the outreach ef- ing pro-life organizations in our Na- meaned them to the point that it forts, Mr. Speaker, that Priests for Life tion, I wish to thank this evening would release a quote as was pointed have been involved in. Priests for Life for everything they out by Amy Payne with the Heritage

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13163 Foundation today, when quoting the You know what: Let’s take a break. Order at the will of a Government Order. Reli- Health and Human Services Depart- Let’s go listen to a preacher preach the gious liberty is a sacred and fundamental ment: word all together as a constitutional right. It’s central to who we are as a country, The Obama administration will continue convention and then come back. And a country founded by people who fled Europe to work with all employers to give them the they did and they came back with a for their religious beliefs. flexibility and resources they need to imple- new spirit and they gave us a Constitu- If President Obama does not reverse his ad- ment the health care law in a way that pro- tion that this administration is now ministration’s attack on religious freedom, tects women’s health while making common- trodding and trampling upon. Congress, led by the People’s House, will do sense accommodations for values like reli- God, the God of which Ben Franklin it for him. gious liberty. spoke, without whom we will succeed Values nothing. It’s a constitutional in our political building no better than People who go to church on Sunday and right that this administration is the builders of Babel, is now being told who put money in an offering plate shouldn’t trodding on and trampling and stomp- by this administration that they’ll ac- have to worry that their donations will go to ing on. And if it will take this right, commodate as best they can, but make pay for things that they don’t believe in their what’s next? Can Jews not worship on no mistake, they’re trampling on the hearts to be good. the Sabbath because it’s inconvenient? rights that Priests for Life have been The House is going to address this matter But maybe this administration will preaching about for 20 years. fairly and deliberately, through the appropriate help try to accommodate that value. I thank my friend for yielding. legislative channels in the House Energy & Or how about communion? Maybe Mrs. BACHMANN. I thank our friend Commerce Committee. this administration will find at some from Texas. The rule announced by the Obama Adminis- point it’s really not healthy, and so I just want to say, we’ve had so many tration’s Department of Health & Human Serv- they’ll try to accommodate the reli- Members of Congress that wanted to be ices would require faith-based employers—in- gious conviction, the freedom of reli- down here on the floor this evening and cluding Catholic charities, schools, univer- gion, as a value. They’ll try to work there was only so much time. sities, and hospitals—to provide services they with people who believe this to the I would like to thank also Congress- consider immoral. Those services include ster- core of their hearts. woman BLACK of Tennessee, Congress- ilization, abortion-inducing drugs and devices, You go back to the founding. We man HUELSKAMP of Kansas, Congress- and contraception (FDA approved items). didn’t even have a Constitution. Ben man LANKFORD of Oklahoma, Congress- Franklin sat for 5 weeks, virtually, lis- woman BLACKBURN of Tennessee. Also, The effect is government crowding out reli- tening to all the rancor back and forth. I want to thank Congressman TRENT gious-based institutions. Government is using He finally rises, 80 years old, gout, FRANKS of Arizona. We had many in ad- raw political force to impose a government trouble getting up, overweight, a cou- dition to the Members that we have view on society where religious institutions are ple of years or so from meeting his heard from this evening: Congressman not welcome to serve or practice their faith Judge, and he points out, We’ve been FORTENBERRY of Nebraska, Congress- freely. It is government forcing private and reli- going for nearly 5 weeks. We’ve got man WALBERG of Michigan, and Con- gious institutions off the public square. They’re more noes than ayes on virtually ev- gresswoman SCHMIDT of Ohio, in addi- forcing resources off the table that serve the erything, and he asks: tion to Congressman SMITH of New Jer- public good. Since when was that a good How has it happened, sir, that we’ve not sey. I want to thank them, Congress- idea? once thought of humbly applying to the Fa- man GOHMERT of Texas, and so many ther of Lights to illuminate our under- other pro-life Members of Congress. f standing? In the beginning contest with This is an important night. We thank Great Britain when we were sensible of dan- Priests for Life for 20 years of standing PUBLICATION OF BUDGETARY ger, we had daily prayer in this room. Our firm for the cause of the unborn. We MATERIAL prayers, sir, were heard and they were gra- will get there yet. Thank you, Father ciously answered. Frank. REVISIONS TO THE AGGREGATES AND ALLOCA- Now that’s not a deist, and it’s some- Mr. Speaker, I yield back the balance TIONS OF THE FISCAL YEAR 2012 AND 2013 BUDG- one who does not believe in the accom- of my time. ET RESOLUTIONS modation of a religious value. He be- Mrs. BLACKBURN. Mr. Speaker, today the Mr. RYAN of Wisconsin. Mr. Speaker, pur- lieved in religious freedom. Not only Obama Administration is following through on that, he believed in the power of prayer suant to section 404 of H. Con. Res 34, the their HHS mandate that violates religious free- House-passed budget resolution for fiscal year because in that same speech that we dom as today begins the date where the rule know is his speech, because he wrote it 2012, deemed to be in force by H. Res. 287, goes into effect. 24 separate lawsuits across and sections 503 of H. Con. Res. 112, the out in his own hand, he says: the country have been filed representing 76 House-passed budget resolution for fiscal year I have lived, sir, a long time, and the plaintiffs. 2013, deemed to be in force by H. Res. 614 longer I live the more convincing proofs I see On Friday, a Carter-appointed judge in Den- and H. Res. 643, I hereby submit for printing of this truth: God governs in the affairs of ver provided a preliminary injunction against in the CONGRESSIONAL RECORD revisions to men. And if a sparrow cannot fall to the the HHS mandate to the Newland family, the the budget allocations and aggregates. The ground without His notice, is it possible that Catholic owners of a HVAC company in Colo- an empire could rise without His aid? revision reflects the budgetary impact of H.R. rado. This case, led by Alliance Defending 8, the Job Protection and Recession Preven- Ben Franklin said: Freedom, is a welcomed initial victory for reli- tion Act of 2012, which would extend for one We have been assured, sir, in the sacred gious freedom. We will need the courts or the year through 2013, certain tax policies en- writing— Congress to reverse this tragic disregard for acted in 2001, 2003, and 2010 and would pro- Not that we’re accommodating, but American’s First Amendment right to freedom that we believe in— of religion without government interference. vide relief from the Alternative Minimum Tax. A corresponding table is attached. We’ve been assured in the sacred writing Protecting the First Amendment has to be that unless the Lord build it, they labor in our First priority. The first words of the First This revision represents an adjustment pur- vain that build it. I firmly believe this. I also Amendment read: ‘‘Congress shall make no suant to sections 302 and 311 of the Congres- believe without His, God’s, concurring aid, law respecting an establishment of religion, or sional Budget Act of 1974, as amended we will succeed in our political building no prohibiting the free exercise thereof. . . .’’ (Budget Act). For the purposes of the Budget better than the builders of Babel. What happened to the promise that ‘‘if you Act, these revised aggregates and allocations Now, here we are over 200 years later like the health care you have you can keep are to be considered as aggregates and allo- trying to accommodate what Ben it?’’ cations included in the budget resolutions, pur- Franklin said that stirred the hearts of The radical mandate makes it so religious- suant to sections 101 of H. Con. Res. 34 and those and even stirred Randolph to say, based institutions are forced to defy a Higher H. Con. Res. 112.

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Fiscal year 2012 2013 2013–2022

Current Aggregates:1 Budget Authority ...... 2,858,503 2,793,848 2 Outlays ...... 2,947,662 2,891,589 2 Revenues ...... 1,890,365 2,293,339 32,472,564 The Job Protection & Recession Prevention Act of 2012 (H.R. 8): Budget Authority ...... 0 0 2 Outlays ...... 0 0 2 Revenues ...... 0 ¥227,950 ¥383,203 Revised Aggregates: Budget Authority ...... 2,858,503 2,793,848 2 Outlays ...... 2,947,662 2,891,589 2 Revenues ...... 1,890,365 2,065,389 32,089,361 1 Sections 407 and 506 of H. Con. Res. 34 and H. Con. Res. 112, respectively, stipulate that adjustments to allocations and aggregates shall apply while the measure is under consideration and take effect upon enactment of that measure. The current aggregates reflect the original budget resolution levels adjusted only for those measures, which were provided an adjustment during consideration and that have been enacted into law. At present, the original aggregates in H. Con. Res.34 have been adjusted by ¥$42 million for budget authority; ¥$254 million for outlays and ¥$1,046 million for revenues for measures enacted into law. No adjustments to the aggregates in H. Con. Res.112 have been enacted into law. 2 Not applicable because annual appropriations acts for fiscal years 2013 through 2022 will not be considered until future sessions of Congress.

DIRECT SPENDING LEGISLATION—AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR RESOLUTION CHANGES [Fiscal Years, in millions of dollars]

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

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

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

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Directives; The Boeing Company Airplanes ware patent litigation costs in cases where SMITH of Washington, Mr. DICKS, Ms. [Docket No.: FAA-2012-0673; Directorate the court finds the claimant did not have a WOOLSEY, Mr. GEORGE MILLER of Identifier 2012-NM-091-AD; Amendment 39- reasonable likelihood of succeeding, and for California, Ms. HAHN, Mr. WALDEN, 17109; AD 2012-13-07] (RIN: 2120-AA64) received other purposes; to the Committee on the Ju- and Mr. STARK): July 20, 2012, pursuant to 5 U.S.C. diciary. H.R. 6251. A bill to amend the Marine De- 801(a)(1)(A); to the Committee on Transpor- By Mr. JOHNSON of Georgia (for him- bris Research, Prevention, and Reduction tation and Infrastructure. self, Mr. HOLT, Ms. WILSON of Flor- Act to establish an expedited award process 7164. A letter from the Program Analyst, ida, Mr. HINCHEY, Mr. CONYERS, Mr. for grants to address marine debris emer- Department of Transportation, transmitting CLYBURN, Ms. FUDGE, Ms. EDWARDS, gencies, and for other purposes; to the Com- the Department’s final rule — Airworthiness Mr. BARTLETT, and Mr. VAN HOLLEN): mittee on Transportation and Infrastruc- Directives; Empresa Brasileira de H.R. 6246. A bill to amend the Help Amer- ture, and in addition to the Committee on Aeronautica S.A. (EMBRAER) Model Air- ica Vote Act of 2002 to require the deposit in Natural Resources, for a period to be subse- planes [Docket No.: FAA-2012-0441; Direc- the National Software Reference Library of quently determined by the Speaker, in each torate Identifier 2012-CE-011-AD; Amendment the National Institute of Standards and case for consideration of such provisions as 39-17106; AD 2012-13-04] (RIN: 2120-AA64) re- Technology of a copy of any election-dedi- fall within the jurisdiction of the committee ceived July 20, 2012, pursuant to 5 U.S.C. cated voting system technology used in the concerned. 801(a)(1)(A); to the Committee on Transpor- operation of a voting system for an election By Mrs. BONO MACK (for herself and tation and Infrastructure. for Federal office, to establish the conditions Mr. BUTTERFIELD): 7165. A letter from the Chairman, Inter- under which the Director of the National In- H.R. 6252. A bill to amend the Internal Rev- national Trade Commission, transmitting stitute of Standards and Technology may enue Code of 1986 to exclude from gross in- the Commission’s report entitiled, ‘‘The disclose the technology and information re- come any prizes or awards won in competi- Year in Trade 2011’’; to the Committee on garding the technology to other persons, and tion in the Olympic Games; to the Com- Ways and Means. for other purposes; to the Committee on mittee on Ways and Means. 7166. A letter from the Chairman and Vice- House Administration, and in addition to the By Ms. RICHARDSON: Chairman, U.S.-China Economic and Secu- Committee on Science, Space, and Tech- H.R. 6253. A bill to authorize the Maritime rity Review Commission, transmitting noti- nology, for a period to be subsequently deter- Administrator to make grants to States or fication of a public hearing held on ‘‘The mined by the Speaker, in each case for con- port authorities to cover the cost of repair Evolving U.S.-China Trade and Investment sideration of such provisions as fall within and construction activities relating to cer- Relationship’’; jointly to the Committees on the jurisdiction of the committee concerned. tain commercial strategic seaports, and for Ways and Means, Armed Services, and For- By Mr. HASTINGS of Washington: other purposes; to the Committee on Armed eign Affairs. H.R. 6247. A bill to protect the Federal Co- Services, and in addition to the Committee f lumbia River Power System, Power Mar- on Transportation and Infrastructure, for a keting Administration customers, and Bu- period to be subsequently determined by the REPORTS OF COMMITTEES ON reau of Reclamation dams and other facili- Speaker, in each case for consideration of PUBLIC BILLS AND RESOLUTIONS ties and to promote new Federal and other such provisions as fall within the jurisdic- Under clause 2 of rule XIII, reports of hydropower generation; to the Committee on tion of the committee concerned. Natural Resources, and in addition to the By Mr. CARNAHAN (for himself and committees were delivered to the Clerk Committee on Energy and Commerce, for a Mr. LATOURETTE): for printing and reference to the proper period to be subsequently determined by the H.R. 6254. A bill to amend the National calendar, as follows: Speaker, in each case for consideration of Dam Safety Program Act to establish a pro- Mr. BONNER: Committee on Ethics. In the such provisions as fall within the jurisdic- gram to provide grant assistance to States Matter of Allegations Relating to Represent- tion of the committee concerned. for the rehabilitation and repair of deficient ative Laura Richardson (Rept. 112–642). Re- By Mr. CALVERT (for himself, Ms. dams; to the Committee on Transportation ferred to the House Calendar. CHU, Mr. BILBRAY, Mr. GOSAR, Mr. and Infrastructure. Mr. MICA: Committee on Transportation LEWIS of California, Ms. MCCOLLUM, By Mr. CARNAHAN (for himself, Mr. and Infrastructure. H.R. 3158. a bill to direct Mr. HINOJOSA, Mr. GARY G. MILLER of BERMAN, Ms. SCHAKOWSKY, Mr. VAN the Administrator of the Environmental California, Mr. MCCAUL, Mr. SCHIFF, HOLLEN, Ms. EDDIE BERNICE JOHNSON Protection Agency to change the Spill Pre- Mr. GALLEGLY, Mrs. BONO MACK, Mr. of Texas, Ms. TSONGAS, Mrs. MALO- vention, Control, and Countermeasure rule ISSA, and Mr. CAMPBELL): NEY, Ms. SPEIER, Mr. MURPHY of Con- with respect to certain farms (Rept. 112–643). H.R. 6248. A bill to provide for the transfer necticut, Mr. MORAN, Mr. CONYERS, Referred to the Committee of the Whole of excess Department of Defense aircraft to Mr. MCGOVERN, Ms. PINGREE of House on the state of the Union. the Forest Service for wildfire suppression Maine, and Ms. LEE of California): Ms. FOXX: Committee on Rules. House activities, and for other purposes; to the H.R. 6255. A bill to ensure that the United Resolution 752. Resolution providing for con- Committee on Armed Services, and in addi- States promotes women’s meaningful inclu- sideration of the bill (H.R. 6233) to make sup- tion to the Committees on Agriculture, and sion and participation in mediation and ne- plemental agricultural disaster assistance Oversight and Government Reform, for a pe- gotiation processes undertaken in order to available for fiscal year 2012 with the costs of riod to be subsequently determined by the prevent, mitigate, or resolve violent conflict such assistance offset by changes to certain Speaker, in each case for consideration of and implements the United States National conservation programs, and for other pur- such provisions as fall within the jurisdic- Action Plan on Women, Peace, and Security; poses (Rept. 112–644). Referred to the House tion of the committee concerned. to the Committee on Foreign Affairs, and in Calendar. By Mr. BLUMENAUER: addition to the Committee on Armed Serv- f H.R. 6249. A bill to establish a Water Pro- ices, for a period to be subsequently deter- tection and Reinvestment Fund to support mined by the Speaker, in each case for con- PUBLIC BILLS AND RESOLUTIONS investments in clean water infrastructure, sideration of such provisions as fall within Under clause 2 of rule XII, public and for other purposes; to the Committee on the jurisdiction of the committee concerned. bills and resolutions of the following Transportation and Infrastructure, and in By Mr. CARSON of Indiana (for him- addition to the Committees on Ways and self, Mr. STARK, Ms. RICHARDSON, Ms. titles were introduced and severally re- Means, and Science, Space, and Technology, LEE of California, Mr. CUMMINGS, Ms. ferred, as follows: for a period to be subsequently determined JACKSON LEE of Texas, Ms. NORTON, By Mrs. HARTZLER (for herself, Mr. by the Speaker, in each case for consider- Ms. MOORE, Mr. KUCINICH, and Ms. GRAVES of Missouri, Ms. JENKINS, Mr. ation of such provisions as fall within the ju- EDWARDS): LANKFORD, Mr. COLE, Mr. AKIN, and risdiction of the committee concerned. H.R. 6256. A bill to ensure prompt access to Mr. SHIMKUS): By Mr. FARENTHOLD: Supplemental Security Income, Social Secu- H.R. 6244. A bill to amend the Federal H.R. 6250. A bill to amend the Internal Rev- rity disability, and Medicaid benefits for per- Power Act to permit States to prohibit the enue Code of 1986 to exclude from gross in- sons released from certain public institu- Federal Energy Regulatory Commission come any prizes or awards won in competi- tions; to the Committee on Ways and Means, from enforcing certain requirements of a li- tion in the Olympic Games; to the Com- and in addition to the Committee on Energy cense, and for other purposes; to the Com- mittee on Ways and Means. and Commerce, for a period to be subse- mittee on Energy and Commerce. By Ms. BONAMICI (for herself, Ms. quently determined by the Speaker, in each By Mr. DEFAZIO (for himself and Mr. HERRERA BEUTLER, Mr. SCHRADER, case for consideration of such provisions as CHAFFETZ): Mr. MCDERMOTT, Mr. DEFAZIO, Mr. fall within the jurisdiction of the committee H.R. 6245. A bill to amend chapter 29 of LARSEN of Washington, Mr. HONDA, concerned. title 35, United States Code, to provide for Mr. BLUMENAUER, Mr. THOMPSON of By Mr. CLAY (for himself, Mrs. the recovery of computer hardware and soft- California, Ms. CHU, Ms. SPEIER, Mr. CHRISTENSEN, Ms. BASS of California,

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Mr. CLEAVER, Mr. TOWNS, Ms. LEE of H.R. 6264. A bill to authorize a pilot pro- 257. The SPEAKER presented a memorial California, Mr. HASTINGS of Florida, gram for Federal agencies to enter into con- of the House of Representatives of the State Mr. RANGEL, Mr. JOHNSON of Georgia, tracts with the private sector for property of Michigan, relative to House Resolution Ms. EDDIE BERNICE JOHNSON of Texas, management, and for other purposes; to the No. 161 memorializing the Congress to ex- Mr. DAVIS of Illinois, Mr. CONYERS, Committee on Transportation and Infra- plore funding opportunities for the Individ- Ms. CLARKE of New York, Mr. structure, and in addition to the Committee uals with Disabilities Education Act; to the BUTTERFIELD, Mr. AL GREEN of Texas, on Oversight and Government Reform, for a Committee on Education and the Workforce. Mr. REYES, Mr. THOMPSON of Mis- period to be subsequently determined by the 258. Also, a memorial of the Joint Interim sissippi, Mr. WATT, Mr. SCOTT of Vir- Speaker, in each case for consideration of Committee on Energy of the General Assem- ginia, Ms. FUDGE, Ms. MOORE, Ms. such provisions as fall within the jurisdic- bly of the State of Arkansas, relative to In- WILSON of Florida, Ms. RICHARDSON, tion of the committee concerned. terim Resolution 2011-008 urging the Admin- Ms. EDWARDS, Ms. WATERS, Ms. By Mr. RANGEL: istration and the Congress to enable the con- BROWN of Florida, Mr. RUSH, Ms. H.R. 6265. A bill to renew and modify the struction of one or more centralized interim temporary duty suspensions on certain cot- JACKSON LEE of Texas, Ms. NORTON, fuel storage facilities; to the Committee on ton shirting fabrics; to the Committee on Mr. MEEKS, Mr. FILNER, and Mr. Energy and Commerce. Ways and Means. FATTAH): 259. Also, a memorial of the Senate of the H.R. 6257. A bill to require the Secretary of By Mr. RUNYAN: State of Maine, relative to Senate Joint Res- the Interior to conduct a special resource H.R. 6266. A bill to amend title 10, United olution requesting the President and the study regarding the proposed United States States Code, to limit increases in the certain Congress to restore proper funding under the Civil Rights Trail, and for other purposes; to costs of health care services under the health federal Clean Water Act; to the Committee care programs of the Department of Defense, the Committee on Natural Resources. on Transportation and Infrastructure. and for other purposes; to the Committee on By Ms. DEGETTE (for herself, Ms. 260. Also, a memorial of the Senate of the Armed Services. SCHAKOWSKY, and Ms. CASTOR of Flor- State of Maine, relative to Senate Joint Res- By Mr. SCHOCK (for himself, Ms. JEN- ida): olution urging the President and the Con- H.R. 6258. A bill to amend title XIX of the KINS, and Mr. POE of Texas): gress to work together to enact the Social H.R. 6267. A bill to amend the Internal Rev- Social Security Act to provide medical as- Security Fairness Act of 2011; to the Com- enue Code of 1986 to eliminate the tax on sistance to uninsured newborns under the mittee on Ways and Means. Olympic medals won by United States ath- Medicaid program; to the Committee on En- 261. Also, a memorial of the Senate of the letes; to the Committee on Ways and Means. ergy and Commerce. State of Colorado, relative to Senate Joint By Ms. SCHWARTZ: Memorial 12-003 memorializing the Congress By Mr. DEUTCH: H.R. 6268. A bill to amend the Internal Rev- H.R. 6259. A bill to amend the Federal Elec- to amend 26 U.S.C. sec. 6033; to the Com- enue Code of 1986 to repeal the phasedown of mittee on Ways and Means. tion Campaign Act of 1971 to require the Fed- the credit percentage for the dependent care eral Election Commission to establish and tax credit; to the Committee on Ways and f operate a website through which members of Means. the public may view the contents of certain CONSTITUTIONAL AUTHORITY By Ms. SPEIER: STATEMENT political advertisements, to require the H.R. 6269. A bill to amend the Food and Nu- sponsors of such advertisements to furnish trition Act of 2008 to expand the eligibility of Pursuant to clause 7 of rule XII of the contents of the advertisements to the certain veterans while they have disability the Rules of the House of Representa- Commission, and for other purposes; to the claims pending under title 38 of the United Committee on House Administration. tives, the following statements are sub- States Code; to the Committee on Agri- mitted regarding the specific powers By Ms. ESHOO: culture. H.R. 6260. A bill to designate the facility of By Ms. SPEIER: granted to Congress in the Constitu- the United States Postal Service located at H.R. 6270. A bill to amend the Federal Crop tion to enact the accompanying bill or 211 Hope Street in Mountain View, Cali- Insurance Act to require annual disclosure of joint resolution. fornia, as the ‘‘Lieutenant Kenneth M. crop insurance premium subsidies in the pub- By Mrs. HARTZLER: Ballard Memorial Post Office’’; to the Com- lic interest; to the Committee on Agri- H.R. 6244. mittee on Oversight and Government Re- culture. Congress has the power to enact this legis- form. By Mr. TIPTON: lation pursuant to the following: By Mr. GOHMERT (for himself, Mr. H.R. 6271. A bill to amend the Internal Rev- Article I: Section 8: Clause 3 The United MULVANEY, Mr. CHABOT, Mr. LAM- enue Code of 1986 to exclude certain farmland States Congress shall have power BORN, Mr. POSEY, Mr. FLEMING, Mr. and family-owned business interests from ‘‘To regulate Commerce with foreign Na- BRADY of Texas, Mrs. LUMMIS, Mr. the value of the gross estate of decedents; to tions, and among the several States, and KELLY, Mr. FRANKS of Arizona, Mr. the Committee on Ways and Means. with the Indian Tribes.’’ HARRIS, Mr. DUNCAN of South Caro- By Ms. ROS-LEHTINEN: By Mr. DEFAZIO: lina, and Mr. LABRADOR): H. Res. 750. A resolution providing for the H.R. 6245. H.R. 6261. A bill to amend title 37, United concurrence by the House in the Senate Congress has the power to enact this legis- States Code, to provide for the continuance amendment to H.R. 1905, with an amend- lation pursuant to the following: of pay and allowances for members of the ment; considered and agreed to. Article 1, Section 8: Armed Forces, including reserve components By Mr. SCOTT of South Carolina: To promote the Progress of Science and thereof, during lapses in appropriations; to H. Res. 751. A resolution electing a Member useful Arts, by securing for limited Times to the Committee on Armed Services. to a certain standing committee of the Authors and Inventors the exclusive Right to By Mr. LOEBSACK (for himself, Mr. House of Representatives; considered and their respective Writings and Discoveries; BOSWELL, and Mr. GARAMENDI): agreed to. To constitute Tribunals inferior to the Su- H.R. 6262. A bill to amend the Internal Rev- By Mr. MEEKS: preme Court; enue Code of 1986 to provide tax relief to H. Res. 753. A resolution recognizing that By Mr. JOHNSON of Georgia: middle-class families, small businesses, and the occurrence of prostate cancer in African- H.R. 6246. family farms; to the Committee on Ways and American men has reached epidemic propor- Congress has the power to enact this legis- Means. tions and urging Federal agencies to address lation pursuant to the following: Article I, Section 4, Clause 1 of the United By Mrs. MALONEY (for herself, Mr. that health crisis by supporting education, States Constitution. This provision permits HONDA, and Mr. RANGEL): awareness outreach, and research specifi- H.R. 6263. A bill to establish a commission cally focused on how prostate cancer affects Congress to make or alter the regulations to study how Federal laws and policies affect African-American men; to the Committee on pertaining to Federal elections. United States citizens living in foreign coun- Energy and Commerce. By Mr. HASTINGS of Washington: H.R. 6247. tries; to the Committee on Oversight and By Mr. PETERSON: H. Res. 754. A resolution expressing support Congress has the power to enact this legis- Government Reform, and in addition to the lation pursuant to the following: Committees on Financial Services, Ways and for the designation of the third week in Oc- tober as National School Bus Safety Week; Article IV, Section 3, clause 2; Article I, Means, the Judiciary, House Administration, to the Committee on Education and the Section 8, clause 18; and Article I, Section 8, Energy and Commerce, and Education and Workforce. Clause 3. the Workforce, for a period to be subse- By Mr. CALVERT: quently determined by the Speaker, in each f H.R. 6248. case for consideration of such provisions as MEMORIALS Congress has the power to enact this legis- fall within the jurisdiction of the committee lation pursuant to the following: concerned. Under clause 4 of rule XXII, memo- Article I, Section 8 of the United States By Mrs. MYRICK (for herself and Mr. rials were presented and referred as fol- Constitution, specifically Clause 1 and LATOURETTE): lows: Clause 18, and Article IV, Section 3, Clause 2.

VerDate Sep 11 2014 11:44 May 21, 2018 Jkt 000000 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\FDSYS\BOUNDRECORD\BK09BR12\H01AU2.REC H01AU2 ejoyner on DSK30MW082PROD with BOUND RECORD August 1, 2012 CONGRESSIONAL RECORD—HOUSE, Vol. 158, Pt. 9 13167 By Mr. BLUMENAUER: ‘‘The Congress shall have Power To make all Article I, Section 7 and Article I, Section 8 H.R. 6249. Laws which shall be necessary and proper for of the United States Constitution. Congress has the power to enact this legis- carrying into Execution the foregoing Pow- By Ms. SCHWARTZ: lation pursuant to the following: ers, and all other Powers vested by the Con- H.R. 6268. The Constitution of the United States pro- stitution in the Government of the United Congress has the power to enact this legis- vides clear authority for Congress to pass States, or in any Department or Officer lation pursuant to the following: legislation regarding taxes. In particular, thereof.’’ Article I, Section VIII Article I of the Constitution clearly de- By Mr. DEUTCH: The Congress shall have power to lay and scribes the Congressional authority to levy H.R. 6259. collect taxes, duties, imposts and excises, to excise taxes, providing ‘‘The Congress shall Congress has the power to enact this legis- pay the debts and provide for the common have Power to lay and collect Taxes, Duties, lation pursuant to the following: defense and general welfare of the United Imposts and Excises . . .’’ (U.S. Const, Art. I, Article I, Section 4, Clause 1 of the US States; but all duties, imposts and excises § 8, cl. I). Constitution shall be uniform throughout the United By Mr. FARENTHOLD: The Times, Places and Manner of holding States. H.R. 6250. Elections for Senators and Representatives, By Ms. SPEIER: Congress has the power to enact this legis- shall be prescribed in each State by the Leg- H.R. 6269. lation pursuant to the following: islature thereof; but Congress may at any Congress has the power to enact this legis- Art 1 § 8 cl.1 time make or alter such Regulations, except lation pursuant to the following: By Ms. BONAMICI: as to the Place of chusing Senators. Article 1, Section 8: Congress shall have H.R. 6251. By Ms. ESHOO: the power to regulate commerce among the Congress has the power to enact this legis- H.R. 6260. states, and provide for the general welfare. lation pursuant to the following: Congress has the power to enact this legis- By Ms. SPEIER: Article I, Section 8 of the US Constitution. lation pursuant to the following: H.R. 6270. By Mrs. BONO MACK: Article I, Section 8, Clause 7 of the United Congress has the power to enact this legis- H.R. 6252. States Constitution. lation pursuant to the following: Congress has the power to enact this legis- By Mr. GOHMERT: Article 1, Section 8: Congress shall have lation pursuant to the following: H.R. 6261. the power to regulate commerce among the Congress has the power to enact this legis- Congress has the power to enact this legis- states, and provide for the general welfare. lation pursuant to clause 1 of section 8 of ar- lation pursuant to the following: By Mr. TIPTON: ticle I of the Constitution. Article I, Section 9, Clause 7 of the U.S. H.R. 6271. By Ms. RICHARDSON: Constitution sets forth the power of appro- Congress has the power to enact this legis- H.R. 6253. priations states ‘‘No Money shall be drawn lation pursuant to the following: Congress has the power to enact this legis- from the Treasury but in Consequence of Ap- Article I, Section 8, Clause 1. lation pursuant to the following: propriations made by Law. . . .’’ f This bill is enacted pursuant to the power Article I, Section 8, Clause 1 states that ADDITIONAL SPONSORS TO PUBLIC granted to Congress under Article I, Section ‘‘The Congress shall have the Power. . . to 8, Clause 3 and Clause 13 of the United States pay the Debts and provide for the common BILLS AND RESOLUTIONS Constitution. Defense and general Welfare of the United Under clause 7 of rule XII, sponsors By Mr. CARNAHAN: States . . .’’ were added to public bills and resolu- H.R. 6254. Article I, Section 8, Clauses 12 and 13 state tions as follows: Congress has the power to enact this legis- that Congress shall have the power ‘‘to raise lation pursuant to the following: and support Armies. . .’’ and ‘‘to provide and H.R. 8: Mr. SCOTT of South Carolina and Article I, Section 1. ‘‘All legislative Powers maintain a Navy.’’ Mr. CALVERT. herein granted shall be vested in a Congress By Mr. LOEBSACK: H.R. 127: Mr. COBLE. H.R. 139: Mr. COURTNEY. of the United States, which shall consist of a H.R. 6262. H.R. 153: Mr. SCOTT of South Carolina. Senate and a House of Representatives.’’ Congress has the power to enact this legis- H.R. 263: Mr. KEATING. By Mr. CARNAHAN: lation pursuant to the following: H.R. 288: Mr. DAVIS of Illinois. H.R. 6255. Clause 1 of Section 8 of Article I of the H.R. 289: Ms. LEE of California. Congress has the power to enact this legis- United States Constitution and Amendment H.R. 297: Mr. ROKITA. lation pursuant to the following: XVI of the United States Constitution. H.R. 303: Mr. MARCHANT. Article I, Section 1. ‘‘All legislative Powers By Mrs. MALONEY: H.R. 329: Mr. FITZPATRICK. herein granted shall be vested in a Congress H.R. 6263. H.R. 333: Mr. REHBERG and Mr. MARCHANT. of the United States, which shall consist of a Congress has the power to enact this legis- H.R. 458: Mr. TIERNEY and Mr. LOEBSACK. Senate and a House of Representatives.’’ lation pursuant to the following: H.R. 531: Mr. BISHOP of New York. By Mr. CARSON of Indiana: Article I, Section 8, Clause 18 H.R. 574: Ms. WOOLSEY. H.R. 6256. The Congress shall have Power * * * To H.R. 591: Mr. MCGOVERN. Congress has the power to enact this legis- make all Laws which shall be necessary and H.R. 640: Mr. CARSON of Indiana and Mr. lation pursuant to the following: proper for carrying into Execution the fore- TIERNEY. Article I, § 8, clause 1. going Powers, and all other Powers vested by H.R. 719: Mr. RYAN of Ohio and Mr. GUINTA. By Mr. CLAY: the Constitution in the Government of the H.R. 733: Mrs. BACHMANN. H.R. 6257. United States, or in any Department or Offi- H.R. 735: Mrs. MILLER of Michigan. Congress has the power to enact this legis- cer thereof. H.R. 749: Mr. ROKITA. lation pursuant to the following: By Mrs. MYRICK: H.R. 750: Mr. STUTZMAN. Clause 2 of Section 3 of Article IV of the H.R. 6264. H.R. 798: Mr. BISHOP of New York. Constitution: The Congress shall have Power Congress has the power to enact this legis- H.R. 812: Mrs. MILLER of Michigan. to dispose of and make all needful Rules and lation pursuant to the following: H.R. 829: Ms. SPEIER. Regulations respecting the Territory or Article 4, Section 3, Clause 2 with respect H.R. 860: Ms. MATSUI. other Property belonging to the United to the power of Congress to make rules re- H.R. 942: Mr. DENHAM, Mr. AMODEI, and Mr. States; and nothing in this Constitution garding the disposal of the property of the DONNELLY of Indiana. shall be so construed as to Prejudice any United States. H.R. 965: Mrs. MCCARTHY of New York and Claims of the United States, or of any par- By Mr. RANGEL: Ms. ROYBAL-ALLARD. ticular State. H.R. 6265. H.R. 978: Mr. HINCHEY. By Ms. DEGETTE: Congress has the power to enact this legis- H.R. 998: Mr. CARNEY and Mrs. H.R. 6258. lation pursuant to the following: CHRISTENSEN. Congress has the power to enact this legis- Article 1, Section 8 H.R. 1063: Mr. KING of Iowa and Mr. LONG. lation pursuant to the following: By Mr. RUNYAN: H.R. 1195: Mr. BISHOP of New York. Article I, Section 8, Clause 1: ‘‘The Con- H.R. 6266. H.R. 1204: Mr. RANGEL. gress shall have Power to lay and collect Congress has the power to enact this legis- H.R. 1206: Mr. FLAKE, Mrs. LUMMIS, and Mr. Taxes, Duties, Imposts and Excises, to pay lation pursuant to the following: GARY G. MILLER of California. the Debts and provide for the common Article I, Section 8 H.R. 1236: Mr. KINGSTON. Defence and general Welfare of the United By Mr. SCHOCK: H.R. 1244: Mr. BONNER. States; but all Duties, Imposts and Excises H.R. 6267. H.R. 1259: Mr. DENT. shall be uniform throughout the United Congress has the power to enact this legis- H.R. 1265: Mrs. EMERSON, Mr. NUGENT, Mr. States;’’ and Article I, Section 8, Clause 18: lation pursuant to the following: LATTA, and Ms. FOXX.

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H.R. 1279: Mr. LAMBORN. H.R. 3102: Mr. CONNOLLY of Virginia. H.R. 5938: Ms. SCHWARTZ. H.R. 1291: Mr. KEATING. H.R. 3151: Mr. HONDA. H.R. 5943: Mr. PETRI, Mrs. EMERSON, and H.R. 1370: Ms. ROS-LEHTINEN, Mr. HUIZENGA H.R. 3187: Mr. OWENS. Mr. ALTMIRE. of Michigan, Mr. RIVERA, and Mr. DIAZ- H.R. 3238: Mrs. CAPPS and Mr. LYNCH. H.R. 5948: Mr. CULBERSON. BALART. H.R. 3242: Ms. VELA´ ZQUEZ. H.R. 5977: Mr. BERMAN. H.R. 1464: Mr. JOHNSON of Ohio. H.R. 3264: Mr. STUTZMAN. H.R. 5990: Mr. ROGERS of Kentucky. H.R. 1509: Mr. KIND. H.R. 3269: Mr. LYNCH. H.R. 6012: Mr. TIERNEY and Mr. ENGEL. H.R. 1513: Mr. COFFMAN of Colorado. H.R. 3423: Mr. OWENS. H.R. 6025: Mr. GOSAR. H.R. 1546: Mr. PAULSEN and Mr. KELLY. H.R. 3458: Mr. LOEBSACK and Mrs. EMERSON. H.R. 6061: Mr. CLARKE of Michigan and Ms. H.R. 1614: Mr. KING of New York. H.R. 3487: Mr. WESTMORELAND, Mr. GINGREY NORTON. H.R. 1621: Mr. WOLF, Mr. JOHNSON of Ohio, of Georgia, Mr. ROSS of Florida, and Mr. H.R. 6092: Mr. POLIS and Mr. FARR. and Mr. GRIFFIN of Arkansas. SOUTHERLAND. H.R. 6097: Mr. BARTLETT. INOJOSA ERL H.R. 3612: Mr. GARY G. MILLER of Cali- H.R. 1639: Mr. H and Mr. P - H.R. 6111: Mr. JOHNSON of Ohio. MUTTER. fornia. H.R. 6112: Mr. BURTON of Indiana. H.R. 1653: Mr. ROKITA, Mr. JOHNSON of H.R. 3618: Mr. BLUMENAUER. H.R. 6113: Mr. BARLETTA. Ohio, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 3627: Mr. YOUNG of Alaska and Mr. H.R. 6128: Ms. LINDA T. SA´ NCHEZ of Cali- Mr. HULTGREN, and Mr. LUETKEMEYER. BASS of New Hampshire. fornia. H.R. 1781: Mr. PASCRELL. H.R. 3634: Mr. CAMP. H.R. 6134: Ms. PINGREE of Maine. H.R. 1936: Mr. LEWIS of Georgia. H.R. 3656: Mr. RANGEL. H.R. 6138: Ms. HAHN, Mr. KUCINICH, Ms. H.R. 1964: Mr. ROKITA. H.R. 3661: Mr. MURPHY of Connecticut, Mr. CASTOR of Florida, and Mr. QUIGLEY. H.R. 1993: Mr. PAULSEN. SCHILLING, Mr. KEATING, Ms. HANABUSA, and H.R. 6147: Mr. WILSON of South Carolina. H.R. 2016: Ms. BONAMICI and Mr. TIERNEY. Mr. GEORGE MILLER of California. H.R. 6150: Ms. BONAMICI, Ms. WOOLSEY, and H.R. 2032: Mr. LANDRY and Mr. LONG. H.R. 3767: Mr. HARRIS, Mr. GRIJALVA, and Mr. DAVIS of Illinois. H.R. 2094: Mr. OWENS. Mr. GOSAR. RICE H.R. 2140: Ms. BALDWIN. H.R. 3769: Mr. MCGOVERN. H.R. 6151: Mr. P of North Carolina. H.R. 2168: Mr. MARKEY. H.R. 3798: Mr. DOGGETT and Mr. PALLONE. H.R. 6164: Mr. HUELSKAMP. H.R. 2198: Mrs. EMERSON. H.R. 3849: Mr. CARSON of Indiana. H.R. 6165: Mr. CARTER, Mr. BROOKS, and Mr. H.R. 2239: Mr. POSEY. H.R. 3861: Mr. AMASH. BURTON of Indiana. H.R. 2364: Mr. HONDA. H.R. 3978: Mr. CLAY. H.R. 6174: Mr. COLE, Mr. SCHOCK, Mrs. H.R. 2382: Mr. RANGEL, Mr. SCHRADER, Mr. H.R. 3993: Mr. MARCHANT. ELLMERS, Mrs. EMERSON, Mr. GUINTA, and MILLER of Florida, and Mr. PAULSEN. H.R. 4122: Mr. JOHNSON of Ohio. Mr. PAUL. H.R. 2402: Mr. FLEMING, Mr. STUTZMAN, Mr. H.R. 4160: Ms. BUERKLE and Mr. GOHMERT. H.R. 6187: Ms. WILSON of Florida. WALBERG, Ms. BUERKLE, Mr. JORDAN, Mr. H.R. 4169: Ms. MCCOLLUM. H.R. 6188: Ms. CHU. GARRETT, Mr. AKIN, Mr. MULVANEY, and Mr. H.R. 4235: Mr. DOGGETT. H.R. 6199: Mr. CANSECO. PRICE of Georgia. H.R. 4271: Mr. HONDA. H.R. 6203: Mr. SCHILLING. H.R. 2479: Mr. KIND. H.R. 4315: Mrs. NAPOLITANO. H.R. 6213: Mr. CASSIDY. H.R. 2655: Mr. CLEAVER. H.R. 4369: Mr. GOODLATTE. H.R. 6229: Mr. KING of New York. H.R. 2672: Mr. OWENS and Ms. LORETTA H.R. 4373: Mr. CONNOLLY of Virginia. H.R. 6241: Mr. PASCRELL and Mr. BISHOP of SANCHEZ of California. H.R. 4396: Mr. HEINRICH. New York. H.R. 2695: Mr. OWENS. H.R. 4405: Mr. JOHNSON of Ohio. H.J. Res. 106: Mr. GALLEGLY and Mr. COBLE. H.R. 2721: Mr. BERMAN and Ms. TSONGAS. H.R. 5284: Mr. LARSON of Connecticut, Mr. H.J. Res. 110: Mr. BURTON of Indiana. H.R. 2746: Mr. CONNOLLY of Virginia and NEAL, and Mr. SCHOCK. H.J. Res. 115: Mr. COURTNEY, Mr. RYAN of Mr. STARK. H.R. 5542: Mrs. NAPOLITANO. Ohio, and Mr. SHIMKUS. H.R. 2794: Mr. MCDERMOTT, Mr. LOEBSACK, H.R. 5684: Ms. SUTTON. H. Con. Res. 101: Mr. TIERNEY. and Mr. MORAN. H.R. 5741: Mr. FARR. H. Con. Res. 129: Mr. JOHNSON of Ohio and H.R. 2827: Ms. HAYWORTH. H.R. 5746: Mr. LARSON of Connecticut. Mr. GARY G. MILLER of California. H.R. 2866: Mr. LANCE and Mr. PALLONE. H.R. 5787: Mr. RANGEL and Mr. MCGOVERN. H. Res. 298: Mr. BRALEY of Iowa. H.R. 2925: Mr. LATTA, Mr. MANZULLO, and H.R. 5796: Mr. BARLETTA, Mr. ROSKAM, and H. Res. 506: Mr. HONDA. Mr. DAVIS of Illinois. Ms. HIRONO. H. Res. 583: Mrs. DAVIS of California. H.R. 2960: Mr. JOHNSON of Illinois. H.R. 5817: Ms. HANABUSA. H. Res. 671: Mr. DEFAZIO and Mr. JONES. H.R. 2969: Mrs. BACHMANN. H.R. 5846: Ms. JENKINS, Mr. KINZINGER of Il- H. Res. 676: Mr. MANZULLO, Mr. PALLONE, H.R. 2978: Mr. MANZULLO and Mr. HURT. linois, and Mr. OWENS. Mr. FRELINGHUYSEN, and Mrs. MCCARTHY of H.R. 2989: Mr. LARSON of Connecticut. H.R. 5864: Mr. BLUMENAUER. New York. H.R. 2992: Mr. SCALISE. H.R. 5903: Mr. OLVER and Ms. HIRONO. H. Res. 742: Mr. LEVIN. H.R. 3032: Mr. BARTLETT. H.R. 5911: Mr. BERG. H. Res. 745: Mr. SENSENBRENNER.

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CONGRATULATING MINISTER IN RECOGNITION OF NATIONAL port, counseling for domestic violence, LOUIS FARRAKHAN AND THE NA- HEALTH CENTER WEEK screenings for HIV, and well-woman visits. TION OF THE ISLAM ON RE- Also importantly, women with these new in- OPENING OF THE SALAAM RES- HON. DENNIS J. KUCINICH surance policies will have access to all FDA- TAURANT IN THE CITY OF CHI- OF OHIO approved forms of contraception. This is an CAGO. IN THE HOUSE OF REPRESENTATIVES unprecedented victory for women in every district and for women of all backgrounds. Wednesday, August 1, 2012 The use of birth control is nearly universal, HON. DANNY K. DAVIS Mr. KUCINICH. Mr. Speaker, I rise today to with 99 percent of women using contraception OF ILLINOIS honor Federally Qualified Health Centers at some point in their lives. A June Hart Re- (FQHC) for 47 years of service during National search poll also found that 80 percent of all IN THE HOUSE OF REPRESENTATIVES Health Center Week. American women agree that cost should not Wednesday, August 1, 2012 In Cleveland, the celebration honoring Na- be a barrier to using effective birth control. tional Health Center Week will take place on In addition, a letter released by leading law- Mr. DAVIS of Illinois. Mr. Speaker, I rise to Tuesday, August 7th, and be hosted by the and-religion scholar Leslie Griffin, and co- pay tribute to Minister Louis Farrakhan and members of Cleveland’s Federally Qualified signed by 170 law professors at top religiously the Nation of Islam for implementation of a tre- Community Health Network which consists of: affiliated and non-religiously affiliated law mendous economic development project in the Care Alliance Health Center, Neighborhood schools clearly explains why the contracep- Auburn-Gresham community of Chicago, Illi- Family Practice, Northeast Ohio Neighborhood tive-coverage benefit protects the rights of in- nois. Health Services and The Free Medical Clinic dividual employees and in no way violates reli- After being closed for twelve years, on Sun- of Greater Cleveland. gious freedom. I ask unanimous consent to in- day July 1, 2012, at 706 W. 79th Street, 17 The theme for this year’s event is ‘‘Cele- clude the letter in the RECORD. Ward, where the Honorable Latasha Thomas brating America’s Health Centers: Powering Mr. Speaker, I agree with the majority of is Alderman. The Nation of Islam re-opened Healthier Communities.’’ The focus will be on Americans that all women have the right to af- the beautiful five (5) million dollar renovated the success of Cleveland’s FQHCs over the fordable and effective birth control, and I am Salaam Restaurant. In the Webster Dictionary, years, as well as how the community will wel- proud to have fought for this great achieve- Salaam is defined as meaning peace. And come new movements in the health sector. ment. peaceful it is. The event will feature local and state ex- Even before the Affordable Care Act went The Nation is reported to have spent in experts to discuss health disparities in the Cleve- into effect, the benefits of publicly-funded fam- cess of $5 million dollars to renovate the facil- land area. A representative from the Ohio De- ily planning services could be seen, as these ity and make it a top of the line, first class partment of Health will provide the keynote ad- programs have assisted 7 million women each community venue. dress. year and have prevented 2 million unintended As of 2011, the Cleveland Community pregnancies. The Salaam has already attracted family Health Center Network has served more than Every dollar spent on family planning serv- gatherings, dinner parties, ministers meetings, 66,000 patients; Nationwide FQHC’s have ices is also estimated to save four dollars on business group meetings and visitors from served over 20 million people. Community future Medicaid costs for prenatal services, across the nation. Health Centers all across America are delivery, and one year of the baby’s medical At one meeting with ministers, Minister partnering with local healthcare providers, so- care. Farrakhan is reported to have said to the cial service agencies, and visionaries to en- Affordable birth control and preventative group ‘‘We built the Salaam restaurant with sure that quality health care is available to all. health care services help women plan the tim- steel and concrete, that’s why we could close Mr. Speaker and colleagues, please join me ing and size of their families and protect their it for twelve years and come and find it still in honoring Cleveland Community Health Cen- health. There is a direct link between in- here! Because brothers and sisters; for you, ter Network as well as the Federally Qualified creased access to birth control and declines in there is nothing too good.’’ Health Centers for their dedication and service maternal and infant mortality. For you, we call this, ‘‘The Palace of the to our communities and country. The critical provisions within the Affordable People.’’ ‘‘From our bakery, we intend to give f Care Act will therefore allow us to expand on out your daily bread, freshly baked bread these previous successes and give women the made of the finest ingredients. The Salaam IN SUPPORT OF WOMEN’S ACCESS freedom to make their own private health deci- restaurant also has wonderful vegetarian cui- TO PREVENTIVE HEALTH CARE sions. sine. But for those who just must have a ten- SERVICES Mr. Speaker, I am proud to stand with my derloin steak, or lamb, come on here to the colleagues and to acknowledge the hard work Salaam.’’ HON. LAURA RICHARDSON and long hours we devoted to ensuring that ‘‘Up stairs on the second floor is a private OF CALIFORNIA women have access to health care they de- banquet hall, along with the Ministers’ private IN THE HOUSE OF REPRESENTATIVES serve and I pledge to continue championing dining room and adjacent is a piano room.’’ women’s access to these important preventa- Wednesday, August 1, 2012 tive services. Currently the restaurant employs forty peo- Ms. RICHARDSON. Mr. Speaker, beginning AUGUST 1, 2012. ple and is eager to expand. Many people have today, August 1, preventative health care pro- TO PRESIDENT BARACK OBAMA AND THE CON- called this magnificent creation the ‘‘jewel of visions for women under the Affordable Care GRESSIONAL LEADERSHIP: We are law profes- 79th street’’ and is a wonderful place for tour- Act will begin going into effect for new insur- sors concerned about the Constitution, reli- ist and visitors when they come to Chicago.’’ ance plans. gious freedom, individual liberty, and gender Once again, my hat is off to Minister Louis As an increasing number of health insur- equality. Today, the egalitarian notion that every American deserves to enjoy religious Farrakhan and the Nation of Islam for putting ance policies come under the reach of the Af- freedom is under attack from those who their money where their mouth is and adding fordable Care Act, a growing number of would cede employees’ religious-liberty another level of pride for Alderman Latasha women will finally be able to access—with no rights to corporate executives and nonprofit Thomas and the people of the 17th Ward in co-payments or deductibles—important pre- directors. In this cramped and one-sided view the City of Chicago. ventative services including breastfeeding sup- of religious freedom, supervisors are entitled

● 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 Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13170 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 August 1, 2012 to decide, based on their religious senti- versities and hospitals that employ both stood constitutional scrutiny. The constitu- ments, whether their employees will be per- non-Catholics and Catholic women who use tional case is even clearer for the accommo- mitted to enjoy essential health benefits contraception. dation, which requires insurance companies without the slightest concern for their reli- The bishops and their allies opposed those to bear the burden of providing coverage to gious beliefs. In particular, advocates claim bills in the legislatures and the state courts, employees claiming a religious affiliation. that the Constitution gives all employers the arguing that religious freedom requires a The accommodation is even more narrowly right to veto their employees’ health-insur- complete exemption for all employers that tailored than the initial regulation was to ance coverage of contraception. claim a religious affiliation. As the recent reflect the government’s interest in women’s This view, which is espoused by the U.S. debate demonstrates, that argument has a equality. Conference of Catholic Bishops and others, is certain intuitive appeal to religious organi- In past Supreme Court decisions, religious both wrong as a matter of law and pro- zations that believe that free exercise allows employers have been required to pay Social foundly undemocratic. Nothing in our na- religiously affiliated organizations to avail Security and unemployment taxes for their tion’s history or laws permits a boss to im- themselves of special rules. Under the lead- employees and to observe the minimum wage pose his or her religious views on non-con- ing free exercise case (Employment Division laws. Federal courts of appeals have required senting employees. Indeed, this nation was v. Smith), however, religious employers are religious employers to comply with the child founded upon the basic principle that every subject to neutral laws of general applica- labor laws and to observe the equal pay laws individual—whether company president or bility. Two state courts, namely the highest even when the employers believed head-of- assistant janitor—has an equal claim to reli- courts of New York and California, forcefully household pay was required by the Bible. As gious freedom. rejected the bishops’ argument for exemp- the California Supreme Court observed, ‘‘We Nor does religious freedom provide a con- tions from laws requiring the provision of are unaware of any decision in which this stitutional entitlement to limit women’s lib- contraception insurance to employees. court, or the United States Supreme Court, erty and equality, which are protected by The state courts first ruled that providing has exempted a religious objector from the the Fourteenth Amendment. Throughout the insurance could not be a matter of internal operation of a neutral, generally applicable 1960s, religious leaders advocated laws ban- church governance protected from state in- law despite the recognition that the re- ning contraception because they believed terference by the First Amendment. The quested exemption would detrimentally af- contraception was immoral. Nonetheless, in courts also held that insurance laws apply- fect the rights of third parties.’’ 1965 the Supreme Court held that contracep- ing to all employers were neutral laws of The federal government must continue to tive use enjoys constitutional protection in general applicability that could be constitu- protect the rights of women who need insur- Griswold v. Connecticut. Moreover, the tionally applied to religious employers under ance laws so that they may make reproduc- Equal Protection Clause of the Fourteenth Smith. The two holdings reinforce each tive choices consistent with their individual Amendment requires that women enjoy the other. As the New York Court of Appeals ex- consciences. Religious freedom must not pro- same health and reproductive freedom en- plained, ‘‘The employment relationship is a vide a justification to deprive women of legal joyed by men. frequent subject of legislation, and when a rights they should enjoy as employees and Women’s liberty and equality are well-set- religious organization chooses to hire non- citizens. To the contrary, the First Amend- tled constitutional law and must remain so. believers it must, at least to some degree, be ment specifically preserves space for their Just as the Court ruled in 1983 in Bob Jones prepared to accept neutral regulations im- religious liberty, and secures their right to that the free exercise of religion may not posed to protect those employees’ legitimate act as individuals who exercise their own override government policies against racial interests in doing what their own beliefs per- conscience on matters pertaining to their discrimination, today free exercise must not mit.’’ faith, body, and health. undermine women’s liberty and equality. The California Supreme Court took a fur- LESLIE GRIFFIN, The diminishment of women’s liberty and ther step, ruling that its women’s health act Professor of Law, equality will be the result if organizations survived strict scrutiny. Under strict scru- William S. Boyd School of Law, claiming a religious affiliation are granted tiny, a law that substantially burdens a reli- University of Nevada Las Vegas. an exemption from the Obama administra- gious practice is upheld only if the law rep- Signed [Note: Affiliations provided for tion’s policy requiring all employers to pro- resents the least restrictive means of achiev- identification purposes only]: vide contraceptive insurance to their em- ing a compelling interest. The court con- Paula Abrams, Jeffrey Bain Faculty Schol- ployees. cluded that the women’s health care act was ar and Professor of Law, Lewis & Clark Law The battle against legal contraception has narrowly tailored to the government’s com- School; Libby Adler, Professor of Law, been fought and lost before, not only in the pelling interest in eliminating gender dis- Northeastern University School of Law; 1960s, but also in the 1990s, when state legis- crimination, obviating the need to undertake Janet Ainsworth, John D. Eshelman Pro- latures and courts repeatedly rejected the a substantial-burdens analysis. fessor of Law, Seattle University School of argument that religious liberty provides a The California Supreme Court’s strict Law; Sara Ainsworth, Lecturer, University justification for undermining women’s equal- scrutiny analysis remains relevant to criti- of Washington School of Law; Catherine ity and denying them contraceptive insur- cisms of President Obama’s plan. Opponents Albiston, Professor of Law and Professor of ance. of the regulations have argued that they vio- Sociology; Executive Committee Member, The same principle must apply today in late the Religious Freedom Restoration Act Thelton E. Henderson Center for Social Jus- the battle between the U.S. Conference of (RFRA), which subjects federal policies to tice, University of California, Berkeley Catholic Bishops and their allies and the strict scrutiny if they substantially burden a School of Law; Jose Alvarez, Herbert and Obama administration over insurance cov- person’s exercise of religion. The opponents Rose Rubin Professor of International Law, erage for contraception. Simply put, reli- are wrong. First, under existing case law, the New York University School of Law; Mark gious freedom requires religiously affiliated provision of insurance coverage is arguably Anderson, Associate Professor of Law, Tem- employers to obey the law rather than to be- not the exercise of religion. Moreover, allow- ple University Beasley School of Law; Susan come a law unto themselves. ing individuals the choice of contraceptives Appleton, Lemma Barkeloo and Phoebe Even forty-seven years after the Supreme does not substantially burden any exercise of Couzins Professor of Law, Washington Uni- Court recognized a constitutional right to religion. versity School of Law; Margalynne Arm- contraceptive use, many American women Even if the courts found a substantial bur- strong, Associate Professor of Law, Santa continue to lack access to effective and af- den on religion, however, the government’s Clara University School of Law and Marie fordable contraception. One reason for this interests in protecting women’s health and Ashe, Professor of Law, Suffolk University has been the disparate insurance coverage reproductive freedom, and combating gender Law School. for men and women. For that reason, twen- discrimination, are compelling. The Insti- Barbara Babcock, Judge John Crown Pro- ty-eight states have passed contraceptive eq- tute of Medicine panel’s report, and a moun- fessor of Law, Emerita, Stanford Law uity acts that help women gain equal access tain of evidence from other public health School; Katharine Baker, Professor of Law, to reproductive health care. Several of those groups, amply demonstrate the government’s IIT Chicago-Kent College of Law; Susan acts, just like the Obama administration’s compelling interest in ensuring widespread Smith Bakhshian, Clinical Professor, Direc- policy, require employer insurance plans access to affordable contraception as a tor of Bar Programs & Academic Success, that offer prescription-drug coverage to in- means of promoting health and remedying Loyola Law School; Ann Bartow, Professor clude contraceptive drugs and devices in gender inequality. of Law, Pace Law School; Carrie Basas, Vis- their coverage. Most of those acts, just like The California Supreme Court ruled that a iting Associate Professor of Law, Case West- the Obama plan, do not apply to houses of law nearly identical to President Obama’s ern Reserve University; John Beckerman, worship but to religiously affiliated employ- initial plan to provide insurance coverage— Visiting Professor, Rutgers University ers like Catholic Charities, a large social- including a virtually identical exemption for School of Law—Camden; Valena Beety, Asso- services organization that receives more houses of worship—was narrowly tailored to ciate Professor of Law, West Virginia Uni- than two-thirds of its funding from tax- protect women’s equality. Thus President versity College of Law; Leslie Bender, Pro- payers, as well as to Catholic schools, uni- Obama’s original regulation could have with- fessor of Law, Syracuse University College of

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00002 Fmt 0689 Sfmt 0634 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2014 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 13171 Law; Mary Berkheiser, Professor of Law, Di- Professor of Law and Associate Dean, Harriet Katz, Professor of Law, Rutgers rector of Clinical Programs and Director of Georgetown Law; Martha Ertman, Carole & University School of Law—Camden; Linda K. Juvenile Justice Clinic, William S. Boyd Hanan Sibel Research Professor of Law, Uni- Kerber, May Brodbeck Professor in the Lib- School of Law, University of Nevada Las versity of Maryland School of Law; Lisa eral Arts Emerita, and Lecturer in Law, Uni- Vegas; and Adele Bernhard, Associate Pro- Faigman, Lecturer in Law, University of versity of Iowa College of Law; Jaime King, fessor of Law, Pace Law School. California Hastings College of the Law; Associate Professor of Law, University of Anita Bernstein, Anita and Stuart Bryan Fair, Thomas E. Skinner Professor of California Hastings College of the Law; Kris- Subotnick Professor of Law, Brooklyn Law Law, University of Alabama School of Law; tine S. Knaplund, Professor of Law, School; Caroline Bettinger-Lopez, Associate Mary Fellows, Everett Fraser Professor of Pepperdine University School of Law; Ellen Professor of Clinical Legal Education and Law, Emerita, University of Minnesota Law Kreitzberg, Professor of Law, Santa Clara Director, Human Rights Clinic, University of School; Linda Fentiman, James D. Hopkins University School of Law; Sylvia Law, Eliza- Miami School of Law; M. Gregg Bloche, Professor of Law, Pace Law School; and beth K. Dollard Professor of Law Medicine M.D., J.D., Professor of Law, Georgetown Zanita E. Fenton, Professor of Law, Univer- and Psychiatry, New York University School University; Karen M. Blum, Associate Dean sity of Miami School of Law. of Law; Nancy Leong, Assistant Professor, and Professor of Law, Suffolk University Victor Flatt, Taft Distinguished Professor University of Denver, Sturm College of Law; Law School; Grace Ganz Blumberg, Distin- of Environmental Law, University of North Nancy Levit, Curators’ and Edward D. Elli- guished Professor of Law Emerita, UCLA Carolina Chapel Hill School of Law; Marsha son Professor of Law, UMKC School of Law; School of Law; AmeliaBoss, Trustee Pro- Freeman, Professor of Law, Barry University Francine J. Lipman, William S. Boyd Pro- fessor of Law, Earle Mack School of Law, Dwayne O. Andreas School of Law; Jaqueline fessor of Law, William S. Boyd School of Drexel University; Cynthia Bowman, Doro- Fox, Associate Professor of Law, University Law, University of Nevada Las Vegas; and thea S. Clarke Professor of Law, Cornell Law of South Carolina School of Law; Katherine David Luban, University Professor in Law School; Alfred L. Brophy, Judge John J. Franke, Isidor and Seville Sulzbacher Pro- and Philosophy, Georgetown Law. Parker Distinguished Professor of Law, Uni- fessor of Law and Director of the Center for Jody Lynee Madeira, Associate Professor versity of North Carolina, Chapel Hill; Gender and Sexuality Law, Columbia Law of Law, Indiana University School of Law; Naomi Cahn, John Theodore Fey Research School; Theresa Gabaldon, Lyle T. Alverson Kevin Noble Maillard, Professor of Law, Syr- Professor of Law, George Washington Uni- Professor of Law and Director of Academic acuse University College of Law; Maya versity Law School; June Carbone, Edward Programs and Administration, George Wash- Manian, Associate Professor of Law, Univer- A. Smith/Missouri Chair of Law, University ington University Law School; Ruben Gar- sity of San Francisco School of Law; Thomas cia, Professor of Law, William S. Boyd of Missouri-Kansas City School of Law. McAffee, William S. Boyd Professor, William School of Law, University of Nevada Las David Cassuto, Professor of Law and Direc- S. Boyd School of Law, University of Nevada Vegas; Leslie Garfield, Professor of Law, tor, Brazil-American Institute for Law & En- Las Vegas; Joyce E. McConnell, William J. Pace Law School; Marsha Garrison, Suzanne vironment, Pace Law School; Erwin Maier, Jr. Dean, Thomas R. Goodwin Pro- J. and Norman Miles Professor of Law, Chemerinsky, Founding Dean, University of fessor of Law, WVU College of Law; Marcia Brooklyn Law School; Susan Gary, Orlando California Irvine School of Law; Nancy Chi McCormick, Associate Professor, Saint J. and Marian H. Hollis Professor of Law, Cantalupo, Professor, Temple University Louis University School of Law; Ann School of Law University of Oregon; and Beasley School of Law; Margaret Chon, Don- McGinley, William S. Boyd Professor, Wil- Bennett Gershman, Professor of Law, Pace ald & Lynda Horowitz Professor for the Pur- liam S. Boyd School of Law, University of Law School. suit of Justice, Seattle University School of Lauren Gilbert, Professor of Law, St. Nevada Las Vegas; Michelle McKinley, Asso- Law; Roger Clark, Board of Governors Pro- Thomas University School of Law; Theresa ciate Professor, Dean’s Faculty Fellow, Uni- fessor, Rutgers University School of Law— Glennon, Professor of Law, James E. Beasley versity of Oregon School of Law; Laura Camden; David S. Cohen, Associate Professor School of Law at Temple University; Sally McNally, Professor of Law, Case Western Re- of Law, Earle Mack School of Law at Drexel Goldfarb, Professor of Law, Rutgers Univer- serve University School of Law; and Carrie University; Clare Coleman, Assistant Teach- sity School of Law—Camden; Julie Menkel-Meadow, A.B. Chettle, Jr. Professor ing Professor and Director of Student Advis- Goldscheid, Professor of Law, CUNY Law of Dispute Resolution and Civil Procedure, ing, Earle Mack School of Law at Drexel School; Leigh Goodmark, Associate Pro- Georgetown Law. University; Rebecca Cook, Faculty Chair in fessor, Director, Family Law Clinic and Co- Cynthia Mertens, Associate Dean for Aca- International Human Rights Faculty of Law Director of the Center on Applied Feminism, demic Affairs and Professor of Law, Santa and Co-Director of the International Pro- University of Baltimore School of Law; Clara University; Vanessa Merton, Professor gram on Reproductive and Sexual Health Michele Goodwin, Everett Fraser Professor of Law and Faculty Supervisor of the Immi- Law, University of Toronto; Bridget of Law, University of Minnesota; Cheryl gration Justice Clinic, Pace Law School; Crawford, Professor of Law and Associate Hanna, Professor of Law, Vermont Law Sally Merry, Professor of Anthropology, In- Dean for Research and Faculty Development, School; Kathy Hessler, Clinical Professor of stitute for Law and Society, New York Uni- Pace Law School; Lynn Daggett, Professor of Law and Animal Law Clinic Director, Lewis versity School of Law; Carlin Meyer, Pro- Law, Gonzaga School of Law. & Clark Law School; Steven J. Heyman, Pro- fessor of Law and Director of the Diane Anne Dailey, Evangeline Starr Professor of fessor of Law, IIT Chicago-Kent College of Abbey Law Center for Children and Families, Law, University of Connecticut School of Law; and Tracy Higgins, Professor of Law, New York Law School; Naomi Mezey, Pro- Law; Anne Dalesandro, Director of the Law Fordham School of Law. fessor of Law, Georgetown Law; Jennifer Library, Rutgers School of Law—Camden; Jessie Hill, Professor of Law, Case Western Moore, Professor of Law, University of New Christine S. Davik, Professor of Law, Univer- Reserve University School of Law; Cynthia Mexico School of Law; Karen Moran, Asso- sity of Maine School of Law; Martha Davis, M. Ho, Associate Professor of Law & Vickrey ciate Professor of Law, General Faculty, Professor of Law, Northeastern University Research Professor; Director, Intellectual University of Virginia; Daniel Morrissey, School of Law; Kate Nance Day, Professor of Property & Technology Program, Loyola Former Dean and Professor of Law, Gonzaga Law, Suffolk University Law School; Ber- University Chicago School of Law; Sharon University School of Law; Jill Morrison, Ad- nard Dickens, Emeritus Professor of Health Hoffman, Edgar A. Hahn Professor of Law, junct Professor of Law, University of DC Law and Policy, University of Toronto; Nor- Professor of Bioethics, Co-Director, Law- David A. Clarke School of Law; and Ann man Dorsen, Frederick I. and Grace A. Medicine Center, Case Western Reserve Uni- Murphy, Professor of Law, Gonzaga School Stokes Professor of Law, New York Univer- versity School of Law; Joan H. Hollinger, of Law. sity School of Law; Margaret Drew, Pro- Lecturer-in-Law, Berkeley Law School, Uni- Karen Musalo, Clinical Professor of Law fessor of Clinical Law and Director of the versity of California; Deena Hurwitz, Asso- and Director of the Center for Gender and Domestic Violence and Civil Protection ciate Professor of Law and Director of the Refugee Studies, University of California, Order Clinic, University of Alabama School International Human Rights Law Clinic and Hastings College of Law; Michael Mushlin, of Law. Jennifer Drobac, Professor of Law, Human Rights Program, University of Vir- Professor of Law, Pace Law School; Kim- Indiana University Robert H. McKinney ginia; Melanie Jacobs, Professor of Law, berly Mutcherson, Associate Professor of School of Law; and Linda Edwards, E.L. Cord Michigan State University College of Law; Law, Rutgers University School of Law— Foundation Professor of Law, William S. Stewart Jay, Pendleton Miller Endowed Camden; Cynthia Nance, Dean Emeritus & Boyd School of Law, University of Nevada Chair of Law, University of Washington Nathan G. Gordon Professor of Law, Univer- Las Vegas. School of Law; Faye Jones, Director and sity of Arkansas; Michelle Oberman, Pro- Maxine Eichner, Reef C. Ivey II Professor Professor of Law, Florida State University fessor of Law, Santa Clara University School of Law, University of North Carolina Chapel College of Law; Sital Kalantry, Associate of Law; Nancy K. Ota, Professor of Law, Al- Hill School of Law; Kathleen C. Engel, Asso- Clinical Professor of Law and Faculty Direc- bany Law School; Richard L. Ottinger, Dean ciate Dean for Intellectual Life and Pro- tor of the Avon Global Center for Women and Emeritus, Pace Law School; Justin Pidot, fessor of Law, Suffolk University Law Justice, Cornell University Law School; and Assistant Professor, University of Denver, School; JoAnne Epps, Dean, Beasley School Margo Kaplan, Assistant Professor of Law, Sturm College of Law; Deana Pollard-Sacks, of Law, Temple University; Deborah Epstein, Rutgers School of Law. Professor of Law, Texas Southern University

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13172 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 August 1, 2012 Thurgood Marshall School of Law; and An- Law; Lesley Wexler, Thomas M. Mengler avoidably detained. Had I been present, I drew S. Pollis, Assistant Professor of Law, Faculty Scholar and Professor of Law, Uni- would have voted ‘‘aye.’’ Milton A. Kramer Law Clinic Center, Case versity of Illinois College of Law; Deborah Mr. Speaker, on rollcall No. 539 on sus- Western Reserve University School of Law. Widiss, Associate Professor of Law, Indiana Terrill Pollman, Director of the Lawyering University Maurer School of Law; Lindsay pending the rules and passing H.R. 3803—the Process Program and Professor of Law, Wil- Wiley, Assistant Professor of Law, American District of Columbia Pain-Capable Unborn liams S. Boyd School of Law, University of University Washington College of Law; Child Protection Act—I am not recorded be- Las Vegas; Lucille M. Ponte, Professor of Verna Williams, Professor of Law, Univer- cause I was unavoidably detained. Had I been Law, Florida Coastal School of Law; Sarah sity of Cincinnati College of Law; Zipporah present, I would have voted ‘’aye.’’ Ricks, Clinical Professor of Law, Rutgers Wiseman, Thos. H. Law Centennial Pro- f University School of Law—Camden Angela fessor, University of Texas at Austin School R. Riley, Professor of Law, UCLA School of of Law and Marcia Zug, Assistant Professor CONCURRENT TECHNOLOGIES COR- Law, Director, UCLA American Indian Stud- of Law, University of South Carolina School PORATION CELEBRATES ITS 25TH ies Center; Dorothy Roberts, George A. Weiss of Law. ANNIVERSARY, TUESDAY, AU- University Professor of Law & Sociology and f GUST 28, 2012 Raymond Pace & Sadie Tanner Mossell Alex- ander Professor of Civil Rights, University of IN HONOR OF KATHLEEN PEPERA Pennsylvania; Rand Rosenblatt, Professor of HON. MARK S. CRITZ Law, Rutgers University School of Law— HON. DENNIS J. KUCINICH OF PENNSYLVANIA Camden; Susan Deller Ross, Professor of Law IN THE HOUSE OF REPRESENTATIVES and Director, International Women’s Human OF OHIO Rights Clinic, Georgetown Law; Margaret IN THE HOUSE OF REPRESENTATIVES Wednesday, August 1, 2012 Russell, Professor of Law, Santa Clara Uni- Wednesday, August 1, 2012 Mr. CRITZ. Mr. Speaker, on August 28, versity School of Law; Carol Sanger, Barbara 2012, Concurrent Technologies Corporation Aronstein Black Professor of Law, Columbia Mr. KUCINICH. Mr. Speaker, I rise today in Law School and Nadia N. Sawicki, Assistant honor of Kathleen Pepera who is retiring on will celebrate its twenty-fifth anniversary. I rise Professor of Law, Beazley Institute for August 1, 2012 after 34 years of dedicated to acknowledge this notable milestone and to Health Law and Policy, Loyola University service with the Social Security Administration. pay recognition to the company’s history and Chicago School of Law. Kathy began her career with the Social Se- dedicated employees. Robert P. Schuwerk, Professor of Law, curity Administration (SSA) in the Cleveland Concurrent Technologies Corporation (CTC) University of Houston Law Center; Elizabeth was first known as Metalworking Technology Sepper, Associate Professor of Law, Wash- West District Office as a summer intern while still a student at Baldwin-Wallace College. Fol- Inc., a subsidiary of the University of Pitts- ington University School of Law; Ann burgh Trust. Metalworking Technology Inc. Shalleck, Professor of Law, Director of lowing graduation, she took the Professional Women and Law Program, Carrington and Administrative Career Examination and was formed in 1987 in Johnstown, Pennsyl- Shields Scholar, American University Wash- was subsequently hired in 1979 as a Claims vania, to operate the National Center for Ex- ington College of Law; Laurie Shanks, Clin- Representative in the Cleveland Southwest cellence in Metalworking Technology for the ical Professor of Law, Albany Law School; Social Security Office. U.S. Navy. Julie Shapiro, Professor of Law, Seattle Uni- Throughout her career with SSA, Kathy has In 1992, Metalworking Technology Inc. versity School of Law; Jessica Silbey, Pro- changed its name to Concurrent Technologies fessor of Law, Suffolk University Law held a number of positions with increasing responsibilities. She has served as a supervisor Corporation to more accurately convey the or- School; Rosalind Simson, Adjunct Professor ganization’s expanded mission: to provide cut- of Law, Mercer University School of Law and at the Cleveland Teleservice Center and the Associate Professor of Philosophy, Mercer Cleveland Downtown Field Office. Kathy also ting-edge scientific, applied research and de- University; Jana Singer, Professor of Law, worked as the District Manager at the Cleve- velopment solutions to its clients. Two years University of Maryland, Francis King Carey land Southeast Office and Cleveland North- later, CTC separated from the University of School of Law; Abbe Smith, Professor of Law east Office. She also fulfilled a temporary role Pittsburgh Trust to become a fully independent and Director of the Criminal Defense and as Deputy Area Director for Northern Ohio. nonprofit corporation. Prisoner Advocacy Clinic, Georgetown Law Daniel R. DeVos was the company’s first and Cynthia Soohoo, Director of the Inter- Kathy will be retiring as the District Manager of the Cleveland West District Office, the permanent Chief Executive Officer, and national Women’s Human Rights Clinic, through his leadership the organization quickly CUNY Law School. same office where she started her 34 year ca- Roy G. Spece, Professor of Law, University reer. expanded its capabilities and gained national of Arizona James E. Rogers College of Law; Kathy’s dedication to the SSA and citizens recognition. Edward J. Sheehan, Jr., who suc- Carrie Sperling, Associate Clinical Professor she helped serve was unquestionable. She ceeded Mr. DeVos, is the current President of Law, Sandra Day O’Connor College of was steadfast in fulfilling SSA’s mission to and Chief Executive Officer. Under his guid- Law; Ralph Stein, Professor of Law, Pace ‘‘deliver Social Security services that meet the ance, CTC continues to grow and prosper— Law School; Lara Stemple, Director of Grad- earning respect and appreciation from its uate Studies, Director of Health and Human changing needs of the public.’’ Mr. Speaker and colleagues, please join me many customers across our nation and globe. Rights Law Project, UCLA School of Law; Over its 25 years, Concurrent Technologies Richard Storrow, Professor of Law, CUNY in honoring Kathleen Pepera on the occasion School of Law; John Strait, Associate Pro- of her retirement. Corporation, in partnership with its clients, has created numerous breakthrough technologies fessor of Law, Seattle University School of f Law; Jennifer Templeton Dunn, Executive and innovative solutions. CTC takes a collabo- Director, UCSF/Hastings Consortium on Law PERSONAL EXPLANATION rative approach to its work, sharing credit and and Adjunct Professor, University of Cali- celebrating achievements with everyone who fornia, Hastings College of the Law; Tracy plays a role in its success. Thomas, Professor of Law, University of HON. PHIL GINGREY OF GEORGIA Today, Concurrent Technologies Corpora- Akron School of Law; Stacey Tovino, Pro- tion, with offices throughout the U.S. and in fessor of Law, William S. Boyd School of IN THE HOUSE OF REPRESENTATIVES Europe, is an independent, nonprofit, applied Law, University of Nevada Las Vegas and Wednesday, August 1, 2012 Mary Pat Treuthart, Professor of Law, Gon- research and development professional serv- zaga University School of Law. Mr. GINGREY of Georgia. Mr. Speaker, on ices organization providing management and Ann E. Tweedy, Assistant Professor, rollcall No. 537 on suspending the rules and technology-based solutions to each branch of Hamline University School of Law; Carole passing S. 679—the Presidential Appointment the U.S. military, various U.S. Government Vance, Associate Clinical Professor of Efficiency and Streamlining Act of 2011—I am agencies, and industry. CTC is routinely listed Sociomedical Sciences, Mailman School of not recorded because I was unavoidably de- as one of the Top 100 Government Contrac- Public Health, Columbia University; Valorie tained. Had I been present, I would have tors by Washington Technology. K. Vojdik, Professor and Deputy Director, Law Clinic, West Virginia University College voted ‘‘no.’’ At any given time, CTC is working on mul- of Law; Lois Weithorn, Professor of Law, Mr. Speaker, on rollcall No. 538 on sus- tiple projects in areas such as advanced engi- University of California Hastings College of pending the rules and passing H.R. 828—the neering and manufacturing; environment and the Law; Robin West, Frederick J. Haas Pro- Federal Employee Tax Accountability Act of sustainability; intelligence and information se- fessor of Law and Philosophy, Georgetown 2011—I am not recorded because I was un- curity; logistics, management, and acquisition;

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2014 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 13173 power and energy; readiness, preparedness, States military is better equipped to serve our members that there is strength and prosperity and continuity; safety and occupational health; great nation and the United States is a safer in solidarity. and special missions. place to live for all of us. I know I speak for Mr. Speaker and colleagues, please join me For example, CTC helped NATO establish many when I wish CTC and its employees the in honoring the 102nd anniversary of the Inter- quality management services in less than 60 best of luck in the future. national Association of Heat and Frost days at Kabul International Airfield in Afghani- f Insulators and Allied Workers Local No. 3 of stan. The company also won the Environ- Cleveland, Ohio. mental Excellence in Transportation Award for IN HONOR OF THE 102ND ANNIVER- designing and implementing laser coatings re- SARY OF THE INTERNATIONAL f moval systems throughout the U.S. Air Force. ASSOCIATION OF HEAT AND Concurrent Technologies Corporation FROST INSULATORS AND ALLIED WORKERS LOCAL NO. 3 CELEBRATING THE 50TH ANNIVER- played a major role in the development, certifi- SARY OF BOY SCOUT TROOP 508 cation, and implementation of HSLA–115, a new higher strength modification of the HSLA– HON. DENNIS J. KUCINICH 100 structural steel used for critical applica- OF OHIO HON. KENNY MARCHANT tions on aircraft carriers and other U.S. Navy IN THE HOUSE OF REPRESENTATIVES combatant vessels. OF TEXAS Wednesday, August 1, 2012 Working for the U.S. Marine Corps Logistics IN THE HOUSE OF REPRESENTATIVES Command, CTC developed an information Mr. KUCINICH. Mr. Speaker, I rise today in technology tool that benefits U.S. warfighters honor of the International Association of Heat Wednesday, August 1, 2012 by resolving logistics challenges in the Marine and Frost Insulators and Allied Workers Local Corps supply chain. The tool, known as No. 3 of Cleveland, Ohio, which is celebrating Mr. MARCHANT. Mr. Speaker, it is with START, which stands for Secondary its 102nd anniversary on September 8, 2012. great pride that I celebrate the 50th anniver- Repairables (SECREP) Total Allowance Re- Members of Local No. 3 can trace their be- sary of Boy Scout Troop 508 of Irving, Texas. computation Tool, won the Defense Logistics’ ginnings back to the earliest days of the mod- The troop has a remarkable history of serving Best Technology Implementation Award as a ern industrial era with the sudden expansions the community and developing young men into ‘‘significant contribution to military logistics and of steam power in the 1880s which created leaders. the warfighter.’’ the need for the insulation industry. An at- Troop 508 was originally chartered at Concurrent Technologies Corporation devel- tempt to form a national bond between Woodhaven Presbyterian Church in 1962. The oped a highly successful Exportable Combat insulators occurred in 1900 when the Sala- troop has a reputation for frequent traveling Training program that immerses warfighters in mander Association of New York sent out an and extended outdoor adventures. Much of real-life computer-generated scenarios, pre- appeal to related crafts in other cities to form the boys’ solidarity has revolved around their paring our troops to survive and succeed in a ‘‘National Organization of Pipe and Boiler travels together, starting with ‘‘The Green rapidly changing operational environments. Covers.’’ The appeal struck a chord of soli- Weeny’’ bus in 1966. During its history, the The program was developed for the National darity and two years later, the officers and troop has traveled to exciting natural locations Training Center with the support of the U.S. members of the Pipe Covers Union affiliated such as the Grand Canyon, Colorado, Brazos Army Forces Command. with the National Building Trades Council of River, and to the center of civic leadership— The transportation Capacity Planning Tool America and invited other pipe coverer unions right here in Washington, D.C. Indeed, in a developed for the U.S. Marine Corps has and related trades to join them. Seven local troop where ‘‘three-fourths of scouting is out- grown into an approved Global Combat Sup- unions from around the country, including ing’’ it is only fitting that the group have adopt- port System-Marine Corps bridge technology. Cleveland, responded, resulting in the birth of ed the roadrunner as its traditional logo. Concurrent Technologies Corporation is a the foundation for an international union. The Boy Scout Troop 508 also has a history of responsible employer, business partner and interested locals met for their first convention exceptional adult leadership, both in its community-oriented organization. The com- on July 7, 1902, where they drafted and ap- scoutmasters and former members. The adult pany was recently named one of the world’s proved a constitution and elected Thomas leaders have been trained in Woodbadge and most ethical companies by the Ethisphere In- Kennedy as their first president. They chose eight of the last twelve Silver Beavers were stitute. For 11 consecutive years, CTC has ‘‘the National Association of Heat, Frost and members of the 508. Many of them serve on been named ‘‘One of the Best Places to Work General Insulators and Asbestos Workers of the staff of ALTs, Webelorees, Camporees, in Pennsylvania.’’ America’’ as the name of the international Concurrent Technologies Corporation has union. On September 22, 1902, the American and the District Committee for Five Trails. The received multiple honors as a military-friendly Federation of Labor issued an official charter troop has won first-place several times at organization. Two awards came from the Em- designating the insulator workers as a national Camporees and at Winter Camp. Throughout ployer Support of the Guard and Reserve that union. its 50 years, the distinguished troop has been recognized the company’s initiatives in pro- The union met again in October, 1904 in guided by the leadership of scoutmasters in- moting cooperation and understanding be- Pittsburgh to adopt a constitution and issue cluding Mitch Barker, Sterling Bradley, David tween the National Guard and Reserve mem- local numbers: St. Louis, No.1; Pittsburgh, No. White, Blackie Marks, Norman Rozell, Jack bers and their civilian employers. CTC is a 2; Cleveland, No. 3; Buffalo, No. 4; Chicago, Graham, George Gray, Bob Hootman, ‘‘Indian member of the 100,000 Jobs Mission; a coali- No. 5; Boston, No. 6; and Seattle, No. 7. The George’’ Alford, Dwight Sensabough, Jim Bell, tion of 41 companies committed to hiring at charter issued to Local No. 3 in 1910 con- Herb Boyd, Hamilton, Jerry Wicker, Scott least 100,000 veterans by 2020, and has also tained these Clevelanders: Thomas Richards, Pohl, Roger Knapp, Bob Harris, Randall been named a ‘‘Best for Vets Employer’’ for James Wiley, Phil Frigge, M.O. Taitle, Harry Svajda, Carter Hallmark, Richard Gamble, Ro- the past two years. Jacoby, Archie Budd, Harry Morris, Harry land Jeter, Dean Calvert, Bob Perkins, and The company is also a good corporate cit- Graff and George Davis. James Dalton, Al Wayne Fletcher. ‘‘Indian George’’ Alford was izen, whose employees volunteer thousands- Dalton and Thomas O’Neil of Local No. 3 be- an especially noteworthy man, a selfless and of-hours to worthwhile local, regional, and na- came officers of the International Association. kind Comanche who founded Troop and Post tional causes. They actively support schools, Over the years, Local No. 3 has fought for 134 in Dallas and moved on to make a lasting healthcare and human service providers, eco- higher wages, safer working conditions on legacy with Troop 508 in Irving, particularly nomic development programs, the arts, and construction sites and better benefits. Local with his Indian dance teams. recreation. No. 3 has established funds to help with med- Mr. Speaker, on behalf of the 24th Congres- Mr. Speaker, I offer my congratulates to ical expenses, retirement, apprenticeships and sional District of Texas, I ask all my distin- Concurrent Technologies Corporation on com- training. As Local No. 3 continues into its sec- guished colleagues to join me in congratu- pleting twenty-five years of vital collaboration ond century, its goals remain to make a mem- lating Boy Scout Troop 508 on 50 years of in- with the U.S. Department of Defense and ber’s life safer, more productive and pros- spiring young men to do their best in all that other U.S. agencies to improve the security of perous, to continue to work to meet the needs they do, while enjoying competition with good our nation. Because of their efforts, the United of its current members and to teach new sportsmanship.

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

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2014 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 13175 Origen Monsanto, interning in the office of PFC Belmontes’ fellow servicemen and teer for the center through the HCFW Alum- Rep. DAVID SCOTT, attending Southern Poly- women fondly remember him for his positive nae Council. Together, they have proven suc- technic State University; attitude; Belmontes was known for stepping up cess in helping women to grow and recover so Khristopher Nicholas, interning in the office to the plate and helping out whenever he was they can go back to their families and homes of Rep. ALCEE HASTINGS, attending Columbia needed. PFC Belmontes accomplished so as whole and healed persons. University; much during his short time and he will be Mr. Speaker and colleagues, please join me Matthew Norwood, interning in the office of dearly missed by his unit and all who knew in honoring the HCFW of Cleveland, OH, for Rep. JOHN LEWIS, attending Dartmouth Col- him. PFC Belmontes served honorably, earn- all of their dedication and service to the com- lege. ing many awards and decorations including munity. Jasmine Omeke, interning in the office of the Purple Heart, the Army Achievement f Rep. JESSE JACKSON JR., attending Harvard Medal, the Afghanistan Campaign Medal with University. one star, the National Defense Service Medal, IN RECOGNITION OF EUGENE Brittany Porter, interning in the office of the Army Service Ribbon, the Overseas Serv- MORGAN WELSH Rep. FREDERICA WILSON, attending Hampton ice Ribbon and the Combat Action Badge. He University; is survived by his wife, mother, and father. HON. DENNIS A. CARDOZA Jeremy Ratcliff, interning in the office of As we look at the incredibly rich military his- OF CALIFORNIA Rep. EMANUEL CLEAVER, II, attending Living- tory of our country we realize that this history IN THE HOUSE OF REPRESENTATIVES stone College; is comprised of men, just like PFC Belmontes, Wednesday, August 1, 2012 Amir Rowe, interning in the office of Rep. who bravely fought for the ideals of freedom CHARLES RANGEL, attending St. John’s Univer- and democracy. Each story is unique and Mr. CARDOZA. Mr. Speaker, it is with great sity; humbling for those of us who, far from the sadness that I rise today to honor the late Eu- Shannon Schoultz, interning in the office of dangers they have faced, live our lives in rel- gene Morgan Welsh. Gene passed away Rep. JAMES CLYBURN, attending American Uni- ative comfort and ease. The day the peacefully on July 25, 2012. Staff Sgt. Gene versity; Belmontes family learned of their husband and Welsh was a true American hero and served Kaleese Shepperd, interning in the office of son’s death was probably the hardest day they his country with pride and dedication. Rep. BOBBY L. RUSH, attending Western Illi- have ever faced and our thoughts, prayers Eugene ‘‘Gene’’ Morgan Welsh was born nois University; and deepest gratitude for their sacrifice go out May 9, 1925 in McAllister, OK to William Mor- Jason Sneed, interning in the office of Rep. to them. There are no words that can relieve gan Welsh and Tina Pearl Welsh. Gene had KAREN BASS, attending University of Southern their pain and what words we can offer only two brothers, Kenneth and Billy Welsh, who California; begin to convey our deep respect and highest preceded him in death, brother Don and a sis- Travis Stanislaus, interning in the office of appreciation. ter Wanda Griffith. Rep. EDOLPHUS TOWNS, attending Cornell Uni- PFC Belmontes’ family have all given a part Proudly at age 18, Gene joined the U.S. versity; Army’s 19th Infantry Regiment during World Jonathan Sykes, interning in the office of of themselves in the loss of their loved one and we hope they know that the goodness he War II. Staff Sgt. Welsh’s assignment took him Rep. HANK JOHNSON, attending Fort Valley to the South Pacific. While serving in the Asi- State University; brought to this world and the sacrifice he has made, will never be forgotten. atic Pacific, Staff Sgt. Welsh was wounded in Rahel Tekola, interning in the office of Rep. combat and was eventually awarded the Pur- f SHEILA JACKSON LEE, attending Texas Tech ple Heart with the Oak Leaf Cluster. University; IN HONOR OF THE HITCHCOCK While recovering from his injuries, Gene Terrence Thrweatt Jr., interning in the office CENTER FOR WOMEN started writing to a Pen Pal, Miss Bettye of Rep. ELIJAH CUMMINGS, attending St. Mary’s Cavazos from Sharyland, TX. This was the College of Maryland; bright spot during his recovery and he often Benjamin Turman, interning in the office of HON. DENNIS J. KUCINICH told her in his letters that if he ever made it Rep. JOHN CONYERS, attending Hampton Uni- OF OHIO out of the war alive he was going to come versity. IN THE HOUSE OF REPRESENTATIVES back to the U.S. and marry her. Upon comple- f Wednesday, August 1, 2012 tion of his military career, he in fact went to TRIBUTE TO PRIVATE FIRST Mr. KUCINICH. Mr. Speaker, I rise today in Texas and asked for her hand in marriage. CLASS JOSE OSCAR BELMONTES honor of the Hitchcock Center for Women, Flag Day, June 14, 1946, Bettye Cavazos be- HCFW, for 30 years of dedicated service to came Mrs. Eugene Welsh; that same year HON. KEN CALVERT thousands of women and their families in they moved to Ceres, CA. Gene eventually OF CALIFORNIA Cleveland, OH. opened up a business in 1967 that is known IN THE HOUSE OF REPRESENTATIVES The mission of the Hitchcock Center is to today as Ceres ProTow and it is still located holistically empower women to achieve and at the same place 45 years later. Gene and Wednesday, August 1, 2012 maintain productive, chemical-free lives. The Bettye had two sons, Mike and Ron. Gene Mr. CALVERT. Mr. Speaker, I rise today to Hitchcock Center is ‘‘the place where healing was very proud of his sons and was dev- honor and pay tribute to a hero from La begins’’ for women who are in need of help. astated when Ron passed away from a pul- Verne, California, Private First Class (PFC) The founder of the Hitchcock Center is monary embolism. Mike continues to run the Jose Oscar Belmontes, United States Army. Jayne Mazzerella, who realized that women family business. Today I ask that the House of Representatives recover differently from chemical substances Gene had a great love for his community join me to honor and remember this incredible than men. She founded Merrick Hall, a 4-bed and was very active with many social and young man who died in service of our country. treatment program for female alcoholics, which charitable as well as civic organizations. In PFC Belmontes was born in Riverside, Cali- led to the beginnings of the Hitchcock Center. 1987, Gene was awarded Rotarian of the Year fornia in 1984. He graduated from Polytechnic The Hitchcock Center is now the largest and in 1988 he was awarded Ceres Citizen of High School in 2002 and joined the Army in agency of its kind in the Greater Cleveland the Year and in 2003 he was awarded the February 2011. After training at Fort Leonard area. To date, it has provided services to ap- Stanislaus County Senior Citizen of the Year. Wood, Missouri, he arrived at Fort Drum in proximately 13,000 women and their families. Gene also had a love of Square Dancing, and July 2011. He was serving as a construction The Hitchcock Center recently announced its taught beginner Square Dance lessons and engineer with the 630th Engineer Company, planned expansion of the Traditional Housing eventually formed the Ceres Twisters where 7th Engineer Battalion, 10th Sustainment Bri- and Recovery Management services, which he was the club caller for over 40 years. Gene gade, 10th Mountain Division, which deployed strives to return families back into the commu- and Bettye were always happy to share their to Afghanistan later that month. He died of in- nity. They eventually seek to expand into even love of Square Dancing with others and pro- juries sustained from small arms fire in more communities. vided demonstrations to Ceres and Modesto Wardak Province, Afghanistan on July 28, Today, there are 53 women who work for grammar schools and convalescent homes 2012 in support of Operation Enduring Free- the Hitchcock Center. There are also many and they danced at local, state and national dom. PFC Belmontes was 28 years old. alumnae of the program who return to volun- festivals as well as on cruise ships.

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Gene is survived by his wife of 66 years 2012. Please let the RECORD reflect my posi- Construction Trades Council for the past two Bettye, son Mike and his wife Maureen, tion on each of these pieces of legislation. years. For his lifetime of service to the Brick- daughter-in-law Sherry and 8 grandchildren, 8 (1) S. 679 (Roll no. 537)—Presidential Ap- layers and the Northwestern Indiana Building great-grandchildren and one great-great pointment Efficiency and Streamlining Act of and Construction Trades Council, as well as grandson. 2011. I would like the RECORD to reflect that the Indiana State Building Trades Council, Mr. Mr. Speaker, the recognition that I am offer- I would have voted in favor of this legislation, Johnsen will be honored at a retirement dinner ing today before the House of Representatives which I support, had I been present to record taking place at Avalon Manor in Merrillville, In- for Eugene Morgan Welsh is small compared my vote. diana on August 17, 2012. to the contributions and impact he had on the (2) H.R. 828 (Roll no. 538)—Federal Em- During his 36 years with Bricklayers Local lives of so many. He was a leader of our com- ployee Tax Accountability Act of 2011, as #4 Indiana/Kentucky, Dale Johnsen has as- munity, role model to our youth and a great amended. I would like the RECORD to reflect sisted those who want to work for a living American. that I would have voted against this legislation, wage in countless ways. For example, he has f which I oppose, had I been present to record represented the union as a Trustee for the A TRIBUTE IN HONOR OF THE my vote. I believe that holding individuals with Pension Fund and the Health and Welfare LIFE OF DOROTHY MAE JAROCH seriously delinquent tax debts accountable is Fund, as well as the Joint Apprenticeship and important—to address our fiscal deficit and to Training Committee. A leader in the truest ensure all Americans are fulfilling their respon- sense of the word, Dale has also served as HON. ANNA G. ESHOO sibilities as citizens of this country. However, President of the Northwestern Indiana Building OF CALIFORNIA this legislation unnecessarily and unfairly sin- and Construction Trades Council. Also, he is IN THE HOUSE OF REPRESENTATIVES gles out federal employees. For this reason, I currently a member of the Business Construc- Wednesday, August 1, 2012 oppose this legislation. tion Resource Center and the Tripartite Com- Ms. ESHOO. Mr. Speaker, I rise today to (3) H.R. 3803 (Roll no. 539)—District of Co- mittees for ArcelorMittal Indiana Harbor and honor the life of an exceptional woman, Doro- lumbia Pain-Capable Unborn Child Protection Burns Harbor. In addition, Dale served as Ad- thy Mae Jaroch, who passed away on June Act. I would like the RECORD to reflect that I miral for the Pirates Charity Organization and 12, 2012, at the age of 88. Her youngest son, would have voted against this legislation, now serves on the organization’s Captain’s Pete, cared for her in her final weeks and was which I strongly oppose, had I been present to Table. Mr. Johnsen’s enthusiasm, dedication, by her side at the moment of her passing. record my vote. and constant support to the Building Trades Dorothy Mae Jaroch was a devoted wife, an The District of Columbia Pain-Capable Un- and charities within our greater community is exceptional mother, a loving grandmother, a born Child Protection Act represents just one truly outstanding, and for this, he is worthy of beloved sister, a teacher and a leader. She more step in the Republican’s agenda to un- the utmost praise. will be greatly missed by all who were fortu- dermine women’s access to reproductive Northwest Indiana’s building trades have a nate enough to know her, and I count myself health care. This measure cruelly contains no strong history of excellence in its craftsman- among those so blessed. exemptions in the case of rape, incest, or a ship and loyalty by its members, as well as a Dorothy Mae Jaroch, a longtime resident of terminal fetal anomaly, requiring a woman to steadfast commitment to serving the commu- the San Francisco Bay Area, was born and carry a non-viable fetus to term. Moreover, nity. Dale Johnsen has always exhibited these raised in Lenexa, Kansas. She attended this bill is another instance of a congressional qualities, and I have a profound respect and Spring Hill High School, and after completing overreach into the District of Columbia’s af- admiration for his absolute dedication to help- her academics there, Dorothy married Lieuten- fairs. If supporters truly deemed this legislation ing others, both locally and statewide. When it ant Commander Eugene Jaroch in 1945. She acceptable for all Americans, they would have comes to serving those in need, the Indiana moved to San Francisco to join her new hus- moved to enact it nationally, as opposed to State Building and Construction Trades Coun- band, Eugene with the tune ‘‘Sentimental imposing it solely on D.C.’s population. cil and the Northwestern Indiana Building and Journey’’ by Doris Day with the Les Brown Or- I have long been a strong supporter of Construction Trades Councils have long been chestra in her heart and mind. Together, they women’s reproductive rights, and I have con- one of the state’s most generous organiza- travelled extensively throughout the country, tinued to work to ensure that women’s rights tions. Dale Johnsen has been at the forefront danced in harmony and were very much in and access to abortion care remain safe and of these efforts. love. Dorothy, a longtime friend of the Reli- legal. This Congress, we have seen the rights From a personal perspective, I am proud gious of the Sacred Heart at Oakwood, was of women come under attack repeatedly in the and lucky to have Dale Johnsen as a friend. dedicated to helping others, always making House of Representatives. Though I firmly be- A friend who has been completely loyal, a them feel that her home was also theirs. Her lieve in encouraging healthy debate, the at- friend who has been selfless, a friend who has greatest attribute was her unswerving faith in tacks we have seen are an affront to the rights always ‘‘been there.’’ God and the goodness of people, and her leg- and health of women around this country. I Mr. Speaker, in conclusion, Dale Johnsen acy of compassion serves as a positive exam- have, and will continue to, consistently oppose has generously dedicated his life and all his ple for us all. measures like this legislation, which undercut efforts to those he has worked with and rep- Dorothy is survived by her children Eugene critical access to reproductive health care. resented so well. His passion and commitment Paul, Steven, Peter and Suzanne; grand- f to the Building Trades and to the community children and great-grandchildren. Her hus- of Northwest Indiana is to be admired. I re- band, Eugene, the love and light of her life, RECOGNIZING THE RETIREMENT spectfully request that you and my other dig- passed away twelve years ago. OF DALE JOHNSEN nified colleagues join me in commending Dale Mr. Speaker, I ask the entire House of Rep- for his many years of service and in wishing resentatives to join me in extending our deep- HON. PETER J. VISCLOSKY him well upon his retirement. est condolences to Dorothy Mae Jaroch’s fam- OF INDIANA ily and to all those who were blessed by her f IN THE HOUSE OF REPRESENTATIVES friendship. Dorothy Mae Jaroch was an excep- HONORING BLACK LAW tional citizen whose pursuits strengthened our Wednesday, August 1, 2012 ENFORCEMENT PIONEERS community and bettered our country. Mr. VISCLOSKY. Mr. Speaker, I am pleased f to stand before you and my colleagues today HON. E. SCOTT RIGELL PERSONAL EXPLANATION to applaud Mr. Dale Johnsen upon his retire- OF VIRGINIA ment. Dale has devoted his life to the interests IN THE HOUSE OF REPRESENTATIVES of his fellow tradesmen and women, and to HON. RUSS CARNAHAN the entire community of Northwest Indiana. Wednesday, August 1, 2012 OF MISSOURI Mr. Johnsen has been a member of Brick- Mr. RIGELL. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES layers Local #4 Indiana/Kentucky for 36 years, recognize an important milestone in my com- Wednesday, August 1, 2012 22 of which he served as an officer and field munity. On August 20, 2012, the Virginia Mr. CARNAHAN. Mr. Speaker, I regrettably representative. Additionally, he has served as Beach Police Department is hosting an event missed the suspension votes on July 31, President of the Indiana State Building and to honor Black Law Enforcement Pioneers

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2014 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 13177 from our area. Robert E.W. Sparrow, Mondoza ica, where he served as Treasurer from 1997 TRIBUTE TO HORACE CURLIN Holloway, Clyde I. Siler, Alexander H. through 2000 and Secretary from 2005 HALL III Woodhouse, Russell H. Lawrence, Charles through 2012. Pace, Johnny E. Parks III, Warfield M. Wood Second Lieutenant Yer Vang passed away and as many as 22 auxiliary police officers on June 24, 2012. He is survived by his wife, HON. HENRY CUELLAR who patrolled Virginia Beach prior to 1969, will whom he married while in the refugee camp in OF TEXAS be honored for serving during a time when Thailand. The couple has thirteen children: bigotry and racism ran rampant throughout our three sons and ten daughters. IN THE HOUSE OF REPRESENTATIVES country. I want to thank these fine men for For his military service, Yer Yang was Wednesday, August 1, 2012 standing bravely in the face of hatred, and awarded the Bronze Medal from the King of doing their jobs honorably. Because of men Laos, the United States Special Forces in Mr. CUELLAR. Mr. Speaker, I rise today to like these, America remains the greatest coun- Laos Medal, and multiple commendations and honor the late Horace Curlin Hall III, an up- try in the world, where the bastions of liberty citations from the United States Congress. He standing lawyer, devoted father and true friend and freedom stand over those who wish to was also honored by the United States Con- to the South Texas community. Mr. Hall will be harm it. We can all learn from their out- gress with the Vietnam Service Medal, Viet- long remembered as a man who was dedi- standing character and commitment to doing nam Campaign Medal, and Vietnam Veterans cated to his country, his family and his profes- what is right. Medal. sion for years after his passing. f Mr. Speaker, please join me in post- Mr. Hall, a third generation Laredoan, at- humously honoring Second Lieutenant Yer HONORING SECOND LIEUTENANT tended Martin High School where he grad- Yang for his heroic service to the United YER VANG uated at the young age of fifteen. A lifetime States of America and extending our deepest Longhorn, he attended The University of condolences to his family. His legacy serves Texas at Austin, where he joined the Sigma HON. JEFF DENHAM as an example of excellence, and his contribu- Chi fraternity, an organization whose funda- OF CALIFORNIA tions to our country will not be forgotten. IN THE HOUSE OF REPRESENTATIVES mental purpose is to promote the core values of friendship, justice and learning—all virtues f Wednesday, August 1, 2012 he modeled throughout his lifetime. After grad- Mr. DENHAM. Mr. Speaker, I rise today to CELEBRATING THE 50TH WEDDING uating with a Bachelor of Arts in 1950, he hon- acknowledge and honor the life and service of ANNIVERSARY OF JOHN AND orably served his country as First Lieutenant the late Second Lieutenant Yer Vang. Second BETTY DODD in the Army during the Korean Conflict. Upon Lieutenant Vang served the United States of his return from Korea, he enrolled at The Uni- America honorably during the Vietnam War. HON. KENNY MARCHANT versity of Texas School of Law and received Yer Vang was born on February 2, 1960, at his degree in 1955. Ban Long Xai, Muan Long Xai, in the Xieng OF TEXAS While attending law school, Mr. Hall met Khouang province in the Kingdom of Laos. He IN THE HOUSE OF REPRESENTATIVES and married Nancy Louise Black and together attended Ban Na Elementary School. In March Wednesday, August 1, 2012 they raised five daughters. Mr. Hall presented of 1972, when he reached the age of twelve, he was recruited to train at Muang Cha Mili- Mr. MARCHANT. Mr. Speaker, it is with a each daughter as a debutante in the Society tary Training Center, located in the Xieng sense of joy that I recognize and celebrate the of Martha Washington, a bicultural organiza- Khouang province. 50th anniversary of the wedding of John and tion committed to celebrating the legacy of our Upon completion of his military training, Yer Betty Dodd, two outstanding and esteemed country and chartered in part by Mr. Hall’s Vang was assigned to work as a water sup- citizens of Farmers Branch, Texas. grandmother, Camila Scott Hall. An endlessly plier and a mail carrier at the 228th Battalion John and Betty were married on August 19, supportive father and an advocate of edu- Headquarters. On January 1, 1973, he was 1962, and have lived in Dallas County ever cation, Mr. Hall encouraged each daughter to transferred to the 2281st Company Infantry Di- since. They have both led inspiring lives dedi- attend college. vision of the 228th Battalion Special Guerrilla cated to education and our community. John Regarded as a distinguished lawyer, Mr. Units (SGU), 1st Strike Division Infantry of the is a Certified Financial Planner and CEO of Hall joined his father’s law firm in Laredo, United States Secret Army. Yer Vang fought in Honors Academy, a nonprofit organization that Texas, and practiced until passing, advocating the Vietnam War with this unit through May of operates charter schools. He has served as a on behalf of those that shared his loyalty to 1975. During this tenure of his service, he member of the Dallas Independent School the South Texas community. In continuation of took part in many important missions ad- District Board, a city council member and the his commitment to education, Mr. Hall legally vanced by the United States Secret Army and mayor of Farmers Branch, and remains active represented Laredo Community College was promoted to the rank of Second Lieuten- in many community organizations. Betty is a throughout most of his career. Included in the ant. teacher and a volunteer and board member at list of clients to the firm were banks, construc- After the communist takeover of Laos in several organizations including her children’s tion companies and the Association of Laredo May of 1975, Yer Vang’s unit was stationed schools, Prestonwest Republican Women, Forwarding Agents, an organization whose south of the Plains des Jarres. Unable to be Farmers Branch Civic League, and Farmers purpose is to promote local corporations at airlifted to a U.S. Airbase in Thailand, Yer Branch Women’s Club. Truly, the Dodds have both the national and international level. Vang had to flee his position and go into hid- been valuable assets in the town that they call Mr. Hall was well known for his many pas- ing in fear of being persecuted by the ruling home. sions outside of his profession, including a government. He remained in hiding until June They have raised a family together and are love of literature and poetry, which he shared of 1979, when he passed through the jungles the dedicated parents of David Dodd and An- with those close to him. He enjoyed the South of Laos by moonlight and crossed the Mekong gela Dodd Miller. John and Betty are also the Texas country and was considered an excel- River to safety in Thailand. loving parents-in-law of Shannon and Jon, and Yer Vang was a political refugee at Ban grandparents of Justin and Caroline Dodd, lent marksman, often bringing together his Vinai Camp in Thailand for twenty years. On and Matthew, Caroline, Nathan, and Andrew family after a hunt for a gourmet meal. His January 31, 1990, he came to the United Miller. The Dodds are members of First United sense of humor was one of his greatest char- States and began his life in Fresno, California. Methodist Church in Dallas, Texas. acteristics, attracting friends that remained Once resettled in Fresno, Yer Vang attended Mr. Speaker, on behalf of the 24th Congres- faithful to him until the end. Fresno Adult School, where he graduated in sional District of Texas, I ask all my distin- Mr. Speaker, I am honored to have had the 1993. He worked at a local Pizza Hut for two guished colleagues to join me in congratu- opportunity to recognize the late Horace Curlin years, before he was hired as a teacher’s aide lating John and Betty Dodd on 50 years of Hall III. He is no longer with us, but his con- for Fresno Unified School District in August of marriage, a truly noteworthy testament to their tributions not only to his country and family, 1995. In 1997, Yer Vang was selected to be strong commitment to each other and to the but also to his profession and his beloved a board member of the Lao Veterans of Amer- beauty of marriage. community will live on.

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13178 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 August 1, 2012 TRIBUTE TO DR. CLEMMIE E. She also demonstrated her exceptional Once more, we thank Mr. Grant for his in- WEBBER touch with young people at home raising three tegrity, leadership, and dedication to the FBI children—Carolyn, Sheryl, and Paul, III. Her and our country. And we wish him the best of HON. JAMES E. CLYBURN nurturing nature led to her recognition as the luck in his future endeavors. OF SOUTH CAROLINA South Carolina and National Mother of the f IN THE HOUSE OF REPRESENTATIVES Year in 1983. Dr. Webber has received numerous other PERSONAL EXPLANATION Wednesday, August 1, 2012 awards and honors including the Order of the Mr. CLYBURN. Mr. Speaker, I rise today to Palmetto, the highest honor a South Carolina HON. GWEN MOORE pay tribute to an extraordinary educator, entre- governor can bestow on a citizen. She was OF WISCONSIN preneur, author, community activist and moth- also inducted into the South Carolina Black IN THE HOUSE OF REPRESENTATIVES er. Dr. Clemmie E. Webber passed away on Hall of Fame, received the South Carolina Wednesday, August 1, 2012 July 25, 2012, at the age of 99. This remark- School Boards Distinguished Service Award, able trailblazer will be sorely missed by all and the South Carolina Legislative Black Cau- Ms. MOORE. Mr. Speaker, I was absent who had the honor of knowing her, and I cus Award in recognition of her outstanding from votes in the House Tuesday afternoon count myself in that number. civic and educational achievements. In 2008, (July 31). My flight was unavoidably delayed Dr. Webber was born in St. Matthews, an Orangeburg street was renamed Webber on my return to Washington from Milwaukee, South Carolina in 1913. She moved at the age Boulevard in honor of Dr. Webber and her WI due to bad weather. of three with her parents, Henry W. and Colin husband’s contributions to the community. Had I been present— Embly, to Treadwell Street in Orangeburg. Mr. Speaker, I ask you and our colleagues (1) I would have voted ‘‘yea’’ on rollcall No. She grew up there with her four younger sib- to join me in celebrating the extraordinary life 537—S. 679—Presidential Appointment Effi- lings, and would later write a book about their ciency and Streamlining Act of 2011. childhood experiences. of Dr. Clemmie E. Webber. She led by example and gave generations of young people the (2) I would have voted ‘‘nay’’ on rollcall No. Education was always important to Dr. 538—H.R. 828—Federal Employee Tax Ac- Webber. Her early school years were spent at tools they would need to excel in life. What a tremendous legacy she has left for the City of countability Act of 2011, as amended. Claflin University’s elementary department, (3) I would have voted ‘‘nay’’ on rollcall No. Orangeburg and the State of South Carolina. and in high school she attended what is now 539—H.R. 3803—District of Columbia Pain- South Carolina State University. She earned f Capable Unborn Child Protection Act. both her bachelor’s and master’s degrees in HONORING ROBERT D. GRANT f chemistry at South Carolina State, and went on to earn a doctorate in science education PERSONAL EXPLANATION from The American University. HON. MIKE QUIGLEY In 1935, at the age of 19, Dr. Webber mar- OF ILLINOIS HON. RICHARD L. HANNA IN THE HOUSE OF REPRESENTATIVES ried Paul Webber, a fellow classmate at South OF NEW YORK Carolina State. They were entrepreneurs who Wednesday, August 1, 2012 IN THE HOUSE OF REPRESENTATIVES owned Webber Motor Sales and the Orange- burg Tigers baseball team. However, they Mr. QUIGLEY. Mr. Speaker, I rise today to Wednesday, August 1, 2012 were most known for their ownership of two honor and express my gratitude to Robert D. Mr. HANNA. Mr. Speaker, on rollcall No. soda shops in Orangeburg that were popular Grant, Special Agent-in-Charge of the Chicago 537, I was unavoidably absent. Had I been hang outs for students and provided them office of the Federal Bureau of Investigation. present, I would have voted ‘‘yes.’’ much-needed jobs. The College Soda Shop He is retiring from his position as head of the Mr. Speaker, on rollcall No. 538, I was un- also became the inspiration for her second Chicago FBI after an outstanding 29 years of avoidably absent. Had I been present, I would book. distinguished service to this country. have voted ‘‘yes.’’ Dr. Webber began her teaching career at In 1983, Mr. Grant began his career with the Mr. Speaker, on rollcall No. 539, due to se- the former Wilkinson High School and several FBI and has since served in Memphis, New vere thunderstorms over the Northeast, my elementary schools in the area. She went on York, and San Antonio, along with several dif- flight was unavoidably delayed. Had I been to teach chemistry and economics at her alma ferent assignments at FBI headquarters here present, I would have voted ‘‘no.’’ in Washington, D.C., including Chief Inspector. mater for 25 years. While a professor on f South Carolina State’s campus, Dr. Webber Mr. Grant spent his time with the FBI com- was a catalyst for change. She led the effort mitted to improving all areas of operations and TRIBUTE TO RONALD F. DASH to build the I.P. Stanback Museum and Plane- has brought tremendous changes to fruition. In tarium, which now houses the Clemmie E. 2005, Mr. Grant became the head of the Chi- HON. JON RUNYAN Webber Educator Resource Center. She and cago office, where he is now the longest serv- OF NEW JERSEY her husband, who also served as a history ing agent-in-charge in the history of that office. IN THE HOUSE OF REPRESENTATIVES and economics professor at South Carolina During his time in Chicago, Mr. Grant has State, were mentors for many young people— overseen numerous widely-recognized inves- Wednesday, August 1, 2012 myself included—during the student Move- tigations, from corrupt public officials to our Mr. RUNYAN. Mr. Speaker, I rise today to ment of the 1960s. most violent criminals. pay tribute to one of my constituents, Ronald Her love for education extended to serving He was at the forefront of the indictment F. Dash, a resident of the Township of on the Orangeburg School District 5 Board for and convictions of several high-ranking mem- Willingboro, Burlington County, New Jersey in 11 years. She served as Chair of that body for bers of the Chicago Mafia and played a key recognition of his outstanding service on be- six years, and is credited with developing the role in the arrest of two Chicago men on half of veterans throughout the State of New compromise that allowed the school district to charges related to the 2008 terror attacks in Jersey. Ronald F. Dash has served as Chair- build the current Orangeburg-Wilkinson High Mumbai, India. man of the Willingboro Veterans Advisory School on U.S. Highway 601. She also served Throughout his career, Mr. Grant has re- Committee and as the Advisor to Willingboro’s as President of the South Carolina School ceived numerous accolades for his impressive Mayor and Council on Veterans Issues. He Boards Association and was appointed to a service, ranging from local community group also serves on my Military Academy Advisory five-year term as a Commissioner on the State recognition to the 2008 Presidential Rank Committee which makes recommendations for Education Commission. Service Award. young men and women from New Jersey’s Dr. Webber had an interest not only in edu- While acknowledging Special Agent-in- Third District who are applying to attend one cating young people, but helping them to de- Charge Grant today for his three decades of of our nation’s service academies. velop character and be good leaders. She was service, we also reaffirm our appreciation to all Ronald F. Dash served his country with actively involved in the Cub Scouts and Girl of the brave men and women of the United honor and valor as a member of the United Scouts organizations, the Jack and Jill pro- States law enforcement community, who work States Marine Corps during the Vietnam War, gram, the Sunlight Club, and served as the every day to protect our families and keep our where he was wounded and received the Pur- PTA President at two schools. country safe. ple Heart. After his Marine Corps (USMC)

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2014 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 13179 service in Vietnam, he served in the Army Re- children continue to have the opportunity to after more than 20 years of active-duty service serves and then transitioned to the Army Na- grow up in a safe community. I congratulate to our nation. tional Guard attaining a final military rank of them on 30 years of service and look forward In recognition of his achievements while in Staff Sergeant (E6). to having the Virginia Beach Crime Solvers uniform, De Jesu´s Rodrı´guez was awarded He has given generously of his time, ener- serve the community for many years to come. the Army Commendation Medal, the American gies, and resources as a Commander and f Theater Service Medal and the World War II State Chaplain in the Military Order of the Pur- Victory Medal. ple Heart Chapter 26, and as a member of the IN RECOGNITION OF THE VICTORY In addition to his own extraordinary service, Veterans of Foreign Wars (V.F.W.) Post 4914, ARCH Sergeant De Jesu´s Rodrı´guez helped cultivate the American Legion Post 516, the Disabled a tradition of service in his family. His brothers American Veterans Chapter 42, and the Ma- HON. DENNIS J. KUCINICH also served in the U.S. Army, as did his three rine Corps League 695. Ron Dash continues OF OHIO sons: Anı´bal, Efrain and Juan. Moreover, three to visit and assist veterans, provide food for IN THE HOUSE OF REPRESENTATIVES of his grandsons have served in the U.S. Air the homeless, and provide transportation for Force, U.S. Army and U.S. Navy. It is families Wednesday, August 1, 2012 people with special needs across Willingboro like his that keep our nation safe and strong. and other communities. Mr. KUCINICH. Mr. Speaker, I rise today in And it is families like his that make our country I thank Ronald F. Dash for his patriotism, recognition of the Victory Arch, which will great. and his continued service to the Willingboro make its debut after undergoing a two year I ask my colleagues to join me in honoring community, the State of New Jersey, and this restoration at the Cuyahoga County Fair in the life of this proud veteran, American patriot, great nation. I urge my colleagues to join me Berea, Ohio. family patriarch and role model, Anı´bal De in recognizing this great veteran hero and The original Victory Arch was built in 1929 Jesu´s Rodrı´guez. I know he will be greatly community servant. by Fred Hartman and was erected at the main missed by those who had the privilege to f entry to the Berea Fairgrounds on Eastland know him. But I also know that he will never Road. The arch’s columns are 25 feet high be forgotten. VIRGINIA BEACH CRIME SOLVERS and span 35 feet across. For years the Victory f 30TH ANNIVERSARY Arch served as a beautiful welcoming sign to Cuyahoga County residents coming to enjoy TRIBUTE TO T. RANDOLPH COX HON. E. SCOTT RIGELL the annual County Fair. Unfortunately, over OF VIRGINIA the years, with the exception of some minimal HON. SHELLEY MOORE CAPITO IN THE HOUSE OF REPRESENTATIVES work in the late 1970s, the arch began to rust OF WEST VIRGINIA and fell into disrepair. A few years ago, IN THE HOUSE OF REPRESENTATIVES Wednesday, August 1, 2012 Berea’s Save Our Arch Committee began ad- Mr. RIGELL. Mr. Speaker, I rise today to vocating for a full restoration of the Victory Wednesday, August 1, 2012 recognize the 30th anniversary of the Virginia Arch. Two years ago the project began. Mrs. CAPITO. Mr. Speaker, I rise today to Beach Crime Solvers. This organization has The Cuyahoga County Fair Board, American recognize the lifetime accomplishments of my been a stalwart in our community and has Legion Post 91 and the Berea Historical Soci- friend, T. Randolph ‘‘Randy’’ Cox, who is been instrumental in keeping the streets of ety helped to raise money and awareness being honored by the YMCA of the Kanawha Virginia Beach safe. The partnership between needed to restore the structure. However, the Valley as its 2012 Spirit of the Valley recipient. the community, the Virginia Beach Police De- physical restoration would not have been pos- Unfortunately Randy is being recognized post partment, and local media, is key to helping sible if it had not been for donations, support mortem as he passed away on his birthday, the Crime Solvers become one of the top and countless man hours of the Berea City October 19, 2011, while participating in one of crime solver organizations in the country. Club, Iron Workers Local 17 Apprentice Pro- his favorite athletic sports, the game of Since its inception in 1982, tips to Crime Solv- gram, Cosmos Industrial Service, Inc., squash. ers have resulted in over seven thousand ar- AkzoNobel, eGlobal Construction, Kottler Raised in Princeton, New Jersey, Randy at- rests and fourteen thousand solved crimes. Metal Products, Inc., Ziegler Bolt, Local 17 tended the University of Virginia as an under- Their fine work led the Federal Bureau of In- President Tim McCarthy, Retiree Local 17 graduate, the University of Massachusetts vestigation to name Virginia Beach as the Doug McJunkins, Sealcoat, Horizon Metal, completing an MBA, and the University of ‘‘lowest violent crime rate city in the United Inc., Luna and American International—Mi- Miami, where he completed his law degree States’’ in 2010. I would like to thank the origi- chael Petrasek. and met his wife and lifelong partner, Ann. nal Board of Directors: Chairman Al Craft; The Victory Arch was resurrected to its Randy and Ann moved to West Virginia and Vice Chairman John J. Kruger; Tom Gmitter, original place on Eastland Avenue on July 12, each became members of the law firm of Secretary; Bob DeFord, Treasurer; and, Mem- 2012 just weeks before thousands will visit the Spilman, Thomas & Battle. Randy’s practice bers Thomas C. Broyles, Mary Ellen Cox, Ed Berea Fairgrounds for the 116th Cuyahoga included environmental, telecommunications Crittenden, Glenn R. Croshaw, George Duvall, County Fair. and corporate law, with a primary focus on John Godfrey, Marlene J. Hager, Ernie Hyers, Mr. Speaker and colleagues, please join me government relations and insurance regulatory Clarence Keel, Bill Myers, Dennis O’Hearn, in honoring the reinstatement of the Victory matters. Randy was well respected as a mem- Ragan B. Pulley, Jr., Gerald Weimer, Roy Arch at the Cuyahoga County Fairgrounds. ber of his firm and for his work throughout Willman, Navy Captain Danny Michaels and f West Virginia’s legal community. Aaron Parsons. I also want to thank the cur- Randy was also committed to serving the ´ rent Board of Directors: Chairman Joe HONORING THE LIFE OF ANIBAL Kanawha Valley and his state, by giving back ´ ´ O’Brien; Vice Chairman Freddi E. Moody; DE JESUS RODRIGUEZ to the region where he resided and raised his Bonnie B. Capito, Secretary; Daniel D. family. He served in leadership roles with a Edwards, Treasurer; and Members Don Albee, HON. PEDRO R. PIERLUISI number of local charitable, civic and philan- Marie Bauckman, Ginger Carl, James H. OF PUERTO RICO thropic organizations, most notably, the Great- Capps, Alfred W. Craft, III, Ross Forster, Dr. IN THE HOUSE OF REPRESENTATIVES er Kanawha Valley Foundation as its former Valerio M. Genta; Nancy Guy, Carleen chairman of the board, the West Virginia Lombardo, Roseann Lugar, Stuart Myers, Karl Wednesday, August 1, 2012 Chamber of Commerce as its former chairman Nichols, Ragan B. Pulley, Jr., Chris Roberts, Mr. PIERLUISI. Mr. Speaker, I rise today to of the government relations committee and Laura Roland, Lawrence E. Ronan, Troy pay my respects to a great Puerto Rican and board of directors, and lastly, the Charleston Snead, Ruth Ann Steenburgh, Thomas H. a great American, Anı´bal De Jesu´s Rodrı´guez, YMCA, who is honoring him as its 2012 Spirit Thatcher, Donald R.Thrush, Marion Wall and who passed away on June 26, 2012. Army of the Valley recipient, having served as its Francis L. Warren, Jr. I am thankful to both Staff Sergeant De Jesu´s Rodrı´guez was a vet- chairman of the board. At the time of his groups for stepping forward when their com- eran of both World War II and the Korean death, Randy was serving as President of munity needed them. Because of these fine War. He served with distinction from Sep- Edgewood Country Club where he spent his community leaders, our children and grand- tember 1943 until December 1964, retiring leisure time on the golf course or squash

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD 13180 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 August 1, 2012 court. Randy was truly a versatile and talented National and his readiness to serve the needs tinely place themselves in harm’s way for the man whose life was cut too short. of Italian-Americans across our Nation and in greater good of the community. These volun- The Spirit of the Valley award specifies that northeastern Pennsylvania. teers serve as vanguards of safety and sta- its recipient be, ‘‘. . . a person who quietly f bility, performing necessary duties that few are gives of themselves, their time and their re- willing to undertake. sources when the Valley’s citizens need them. AFGHANISTAN WITHDRAWAL LO- Since its humble beginnings in 1912 with Their commitment, persistence, good judg- GISTICS AND CAPABILITY OF only a small fire hall and single Model T Ford, ment and joyful heart only enrich the fabric of AZERBAIJAN TO SUPPORT U.S. the Lawnside Volunteer Fire Company has life in our Valley.’’ There is no question that MILITARY REQUIREMENTS found growth through determination and com- Randy certainly embodies these good char- munity initiative. Through fundraising and the acter traits and is most deserving of this es- HON. MADELEINE Z. BORDALLO awarding of federal grants, the Lawnside Fire teemed honor. I am just sorry that he cannot OF GUAM Company steadily grew its fleet of emergency be with us as we honor him. IN THE HOUSE OF REPRESENTATIVES vehicles, providing greater lifesaving assist- In addition to his wife, Ann, Randy leaves ance to the Lawnside community. The Wednesday, August 1, 2012 behind two children, Thomas and his wife, Lawnside Fire Company has also gained Brittany, and his daughter Erin, whom he truly Ms. BORDALLO. Mr. Speaker, I rise today statewide recognition as a premiere company, loved. to bring to the attention of my colleagues a having won a series of awards at the annual Mr. Speaker, I am honored to speak to the very important matter that our military will New Jersey Firemen’s Convention. accomplishments of T. Randolph ‘‘Randy’’ soon face; the logistics of withdrawing our Mr. Speaker, Lawnside Fire Company’s con- Cox, for the level of devotion to his family and servicemembers and supplies from Afghani- tributions and endless dedication to the his dedication to community service which stan. Lawnside community should not go unrecog- makes Randy most deserving of the honor of Some 90,000 servicemembers, 100,000 nized. I join the citizens of Lawnside and all of the YMCA’s Spirit of the Valley. I am honored shipping containers and 50,000 vehicles will Camden County in honoring the achievements to call him my good friend and the Kanawha need to be transported out of Afghanistan by of this exceptional fire company. Valley is fortunate to remember him as one of the end of 2014 when U.S. and NATO major f their own. combat operations come to an end. This accu- PERSONAL EXPLANATION f mulation has occurred over a decade and the logistics to drawdown will be monumental. MR. DAVID M. DONNINI Adding to this challenge is the instability of HON. JIM JORDAN what has been the primary transit route which OF OHIO HON. LOU BARLETTA relies on the cooperation of Pakistan. Pakistan IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA only recently reopened the transit routes after Wednesday, August 1, 2012 IN THE HOUSE OF REPRESENTATIVES having closed them in late 2011. We must have safe, reliable, and secure alternative Mr. JORDAN. Mr. Speaker, my scheduled Wednesday, August 1, 2012 ways to move our servicemembers and sup- flight into Washington yesterday afternoon was Mr. BARLETTA. Mr. Speaker, I rise today to plies. cancelled for mechanical reasons. As a result, honor David M. Donnini who will be sworn in Azerbaijan is one of several options that I was absent from the House floor during last as President of UNICO National in August provides a reliable transit route for over 40% night’s three rollcall votes. 2012. Founded on October 10, 1922, UNICO of non-munitions supplies to Afghanistan and Had I been present, I would have voted National is the largest Italian-American service with the announced closing of Transit Center against S. 679 and in favor of H.R. 828 and organization in the United States. During its at Manas (formerly Manas Air Base) in H.R. 3803. outstanding history, the group has raised hun- Kyrgyzstan, this route will be ever more impor- f dreds of thousands of dollars to help countless tant. people and numerous charities. Azerbaijan has been a strategic partner and A TRIBUTE TO THE CAMELLIA Mr. Donnini, a former Wilkes-Barre, Penn- key ally in our efforts to combat global ter- SYMPHONY ORCHESTRA AND sylvania resident, joined the Wilkes-Barre rorism. Azerbaijan was among the first Muslim RECOGNITION OF THEIR 50TH AN- Chapter of UNICO National in 2001. He was countries to send troops to Afghanistan and NIVERSARY exceptionally active in committee work within Iraq as well as provide flyover rights to our the chapter and held numerous positions in- military. HON. DANIEL E. LUNGREN cluding treasurer and first elected vice presi- Mr. Speaker, I ask my colleagues to join me OF CALIFORNIA dent. In 2005, he relocated to Redondo in thanking Azerbaijan for their friendship and IN THE HOUSE OF REPRESENTATIVES Beach, California, and continued to dedicate partnership. I hope we continue to work with his time to UNICO National by joining the Los Azerbaijan to make certain our Wednesday, August 1, 2012 Angeles Chapter. Due to his hard work, a year servicemembers have a safe and secure route Mr. DANIEL E. LUNGREN of California. Mr. later, he was elected chapter president and for the supplies they need for their well-being Speaker, I rise today to recognize the 50th an- served in this role from 2007 to 2008. To fur- while we are still in Afghanistan. It is also es- niversary of the Camellia Symphony Orchestra ther aid the community, he founded the annual sential that we continue to partner with Azer- of Sacramento, California. Italian Festival and Bocce Ball tournament in baijan to ensure we have reliable ways to The Camellia Symphony Orchestra is one of Hawthorne, California, to benefit the Jimmy V safely withdraw by the end of 2014. Sacramento’s prized assets and has deep Foundation for Cancer Research. f roots in the region. It is an honor to recognize Mr. Donnini and Today’s Orchestra traces its beginnings his involvement in an organization that has IN HONOR OF THE LAWNSIDE back to a small group of local musicians who given so much to the community. I have had VOLUNTEER FIRE COMPANY NO. 1 began informally gathering together and play- the esteemed privilege of attending many ing music, simply for the fun of it. This group UNICO events in my congressional district, in- HON. ROBERT E. ANDREWS began performing at Encina High School, cluding pig roasts and charity events, and OF NEW JERSEY originally naming themselves the ‘‘Pot Luck proudly witnessed the positive impact the IN THE HOUSE OF REPRESENTATIVES Symphony.’’ group’s efforts have made in my community. On September 1, 1962, the group formally I congratulate Mr. Donnini on this major ac- Wednesday, August 1, 2012 organized eventually adopting the name the complishment and look forward to seeing how Mr. ANDREWS. Mr. Speaker, I rise today to North Area Community Symphony. Ever since his leadership impacts Italian-Americans and honor the Lawnside Volunteer Fire Company that September evening, the Orchestra has the thousands of people who benefit from this No. 1 for its tireless efforts protecting and continued to grow, educate and entertain peo- fine organization. serving the residents of Lawnside over the last ple in the Sacramento area. Mr. Speaker, I commend David M. Donnini 100 years. At this great milestone, I recognize By 1970 the Orchestra changed its name to for his years of committed service to UNICO the heroic work of these individuals who rou- the Camellia Symphony and became a regular

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Camellia Symphony won its first of many fu- and integration of the activities of the federal After some time abroad, he moved to South- ture ASCAP awards, and in 1986 won the government relating to Americans abroad. ern California where he was hired by the Daily prestigious ‘‘INDIE’’ award for best classical Thanks to original cosponsors Reps. MICHAEL Breeze in 1979. He did not originally plan on release. HONDA and CHARLES RANGEL for their support staying long, but he became one of the As the years have progressed, the Camellia of the bill and their advocacy on behalf of Breeze’s longest tenured journalists until his Symphony Orchestra has developed and pro- overseas Americans. departure in June of this year. duced innovative, historical and exciting per- It is time we take a systemic look at all the He once said in an interview that journalism formances, earning a reputation as one of the issues affecting our citizens living abroad. gave him the opportunity to ‘‘meet some pretty finest orchestras in the region. While earning Through this bipartisan Commission we can great people.’’ And indeed he met with so this reputation of excellence, the Orchestra establish the state of policies and rules affect- many interesting figures, from presidents to has continued to give back to the Sacramento ing Americans abroad so we can better serve nuns to an encounter that let him drop the community, providing opportunities for local their needs as they live and work in our global line, ‘‘Stalin’s interpreter once told me . . .’’ musicians to display their musical ability. The economy. I urge my colleagues to support the John Bogert leaves behind three children: Orchestra’s commitment to community is seen bill. Caitlin, 29, Rachel, 25 and Ian, 18. His eldest through its ongoing collaboration with a variety f daughter is expecting his first grandchild in of Sacramento events and organizations, such September. The granddaughter will be named as Camerata California, the Strauss Festival, PERSONAL EXPLANATION Charlotte, a name picked by John himself. I St. John’s Lutheran Church and many others consider myself incredibly lucky to have in the region. HON. AUSTIN SCOTT known John, and to have considered him a On behalf of all those in the Sacramento OF GEORGIA close friend. His family, friends, colleagues area who appreciate what the Camellia Sym- IN THE HOUSE OF REPRESENTATIVES and so many readers will miss him dearly. I phony Orchestra means to our community, I know that I will. Wednesday, August 1, 2012 would like to congratulate them on their 50th f anniversary and wish them many more years Mr. AUSTIN SCOTT of Georgia. Mr. Speak- of success and prosperity. er, on rollcall No. 537, I was unavoidably ab- RECOGNIZING RADIOLOGISTS AND THE INTERNATIONAL DAY OF f sent due to my flight being canceled. Had I been present, I would have voted ‘‘No.’’ RADIOLOGY INTRODUCTION OF COMMISSION Mr. Speaker, on rollcall No. 538, I was un- ON AMERICANS LIVING ABROAD avoidably absent due to my flight being can- HON. PETE SESSIONS ACT celed. Had I been present, I would have voted OF TEXAS ‘‘yes.’’ IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY Mr. Speaker, on rollcall No. 539, I was un- Wednesday, August 1, 2012 OF NEW YORK avoidably absent due to my flight being can- IN THE HOUSE OF REPRESENTATIVES celed. Had I been present, I would have voted Mr. SESSIONS. Mr. Speaker, I rise to rec- ‘‘yes.’’ ognize the International Day of Radiology, and Wednesday, August 1, 2012 f draw attention to the important contribution Mrs. MALONEY. Mr. Speaker, U.S. citizens that radiology, in particular diagnostic imaging, who live and work abroad serve as America’s HONORING JOHN BOGERT serves in the health care delivery system. informal ambassadors, helping to strengthen International Day of Radiology is observed an- the United States economy and promoting HON. JANICE HAHN nually on November 8th, an important date in American influence around the globe. For OF CALIFORNIA the history of radiology. On that day in 1895, years I have worked to ensure overseas IN THE HOUSE OF REPRESENTATIVES Professor Wilhelm Conrad Roentgen discov- Americans are able to exercise their right to ered x-rays. Radiology will be celebrated by vote and have access to banking services. Wednesday, August 1, 2012 many groups including the American College Five years ago I formed the Congressional Ms. HAHN. Mr. Speaker. I rise today to of Radiology, the Radiological Society of North Americans Abroad Caucus to focus and bring honor the memory of John Bogert, who America, and the European Society of Radi- awareness to the concerns of the 4–6 million passed away on July 29, 2012 at the age of ology. U.S. citizens residing abroad. Because they’re 63 following a lengthy battle with cancer. Radiologists (physicians with special training scattered across the world, it can be hard for John Bogert was a columnist for the Daily in the use of imaging including x-rays), Radi- Americans living abroad to get the attention of Breeze, a South Bay local staple, for 28 years. ation Oncologists (physicians trained to treat Congress. U.S. citizens remain Americans In that time, he wrote some 6,500 columns. cancers with radiation alone or in combination wherever they are in the world and should not He worked hard, writing five or six columns with surgery and/or chemotherapy), and the be ignored. weekly, and his efforts did not go unrecog- medical imaging community have made signifi- Americans living and working outside the nized. By the end of his life he was known as cant contributions to modern medicine, pro- U.S. continue to voice concerns regarding the the ‘‘Voice of the South Bay.’’ viding powerful tools for clinical diagnosis, de- impact of federal policies on voting, access to He wrote about anything and everything, but cision making, and treatment of disease. Over financial institutions, immigration, and taxation. some of my favorite columns were those he the last 30 years, medical imaging tools have Given that these and other federal policies af- wrote about his family. These columns were been among the most sophisticated and cut- fecting Americans abroad cover an array of honest—sometimes brutally so—and gave ting-edge technologies developed for patient agencies, we should study the full impact of readers insight into a life that often seemed care. During that span we have seen con- these policies on the overseas community. very familiar. He had an uncanny ability to sistent decreases in cancer mortality rates That is why today I am introducing the Com- draw readers into his experiences and after with corresponding increases in American life mission on Americans Living Abroad Act, cre- reading his columns, his followers felt that expectancy. ating an Executive Commission expressly they knew him. His book signings were char- The U.S. National Academy of Engineering charged with examining the concerns of U.S. acterized by long lines and his appearance at recognized the tremendous contribution of citizens living and working abroad. This new local events drew crowds of people waiting to medical imaging exams when it ranked imag- legislation creates a 15 member panel to shake his hand. He even wrote one of his col- ing among the 20 greatest engineering study the impact of U.S. laws and Executive umns on me as he attempted to capture a achievements of the twentieth century. Prac- actions on the overseas Americans commu- ‘‘Day in the Life of Janice Hahn’’—it was one ticing physicians surveyed in a 2001 Health nity. The study would then be used to make of my favorite writings on my life. Affairs study ranked Computed Tomography

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The opportunity is A 2009 National Bureau of Economic Re- f now: There is significant State and local in- search study found that individuals with great- vestment, interest rates are near an all-time er access to imaging scans live longer. Diag- INTRODUCTION OF THE WATER low, and enacting this legislation, the Water nostic imaging services have enabled patients PROTECTION AND REINVEST- Protection and Reinvestment Act, will leverage to avoid several types of expensive and MENT ACT hundreds of billions of additional dollars. invasive procedures. Imaging scans cost less The American public is already paying a dis- than surgeries and reduce the number of un- HON. EARL BLUMENAUER proportionate share of the costs of water infra- necessary hospital admissions and length of OF OREGON structure. Residential households have the hospital stays. As such, medical imaging IN THE HOUSE OF REPRESENTATIVES least capacity to absorb additional costs dur- serves an important role in containing the cost ing these difficult times, and they already face Wednesday, August 1, 2012 of health care in the United States. wildly escalating costs to deal with problems With its impact on patients’ health, I’m Mr. BLUMENAUER. Mr. Speaker, there is that they did not create. The voracious water pleased to recognize the importance of diag- nothing more essential to quality of life, to the demands of industry far outstrip household nostic imaging and radiation oncology, and health of our families and of our communities needs. In large measure, the Cokes of the call attention to November 8th as the Inter- than water. Water is life. Safe drinking water world, the pharmaceutical companies, and in- national Day of Radiology. and basic sanitation make the difference be- dustries that produce products that get flushed f tween health and sickness, between a family are the ones that accelerate water demand thriving or struggling just to exist. and complicate water treatment. Industries HONORING DIANE SHERMAN, Water quality and quantity are serious that profit by putting their products in the MAINE HOUSING COUNSELOR issues in communities across the country, es- sewer systems—either by design or inadvert- pecially now, when changing weather patterns, ently—or who withdraw vast amounts of fresh HON. CHELLIE PINGREE extreme drought, continued growth combine to water to make a profit should pay their fair OF MAINE put an even greater demand on our aging, in- share. Clean water is absolutely essential for IN THE HOUSE OF REPRESENTATIVES adequate infrastructure. To ease these pres- these industries and the rest of the business sures, I am introducing the Water Protection community to function. A small fee to pay for Wednesday, August 1, 2012 and Reinvestment Act, which would establish water infrastructure upgrades would provide Ms. PINGREE of Maine. Mr. Speaker, I a trust fund to help local communities meet the business community far more in benefits would like to honor the work of housing coun- their water infrastructure needs. than it would cost, and it could be used to le- selors across the country who have assisted Over a thousand communities across the verage a broader range of investments. homeowners during the hardships of the re- country are struggling with combined sewer This bill will help communities deal with their cent housing crisis—and one counselor in par- overflows as well as inadequate and aging water infrastructure needs in a stable, ticular from Maine. sewer pipes. Small communities in particular, proactive way, and will provide significant ben- A constituent wrote to me about Diane which already face huge questions of water efits for those who rely on our water system, Sherman, a housing counselor at Coastal En- supply and quality, have few resources with the local government officials charged with terprises in Wiscasset, Maine, who helped this which to pay the bills and are seeing sky-high making the system work, and the industries constituent in a four-year process to modify monthly costs for consumers. who rely on a clean, consistent source of their mortgage. For all that time, Diane has The Water Protection and Reinvestment Act water for their products. been this family’s constant advocate. She has creates a deficit-neutral, consistent, and f helped them through multiple hearings, held firewalled trust fund to help states replace, re- their bank to their word, and guided them pair, and rehabilitate critical wastewater treat- PERSONAL EXPLANATION through the bank’s maze-like bureaucracy. ment facilities. It will be financed by assessing But what has mattered to this constituent small fees on a broad base of those who use HON. JOHN FLEMING more than anything else is that Diane treated water and contribute to pollution: water-based OF LOUISIANA her family with dignity, respect, and sympathy. beverages, items disposed of in wastewater, IN THE HOUSE OF REPRESENTATIVES This was in stark contrast to an institution that and pharmaceuticals, which often wind up in dealt with them more like a number than a wastewater systems. Wednesday, August 1, 2012 person. At every step of the way, Diane re- The materials that flow into sewer systems Mr. FLEMING. Mr. Speaker, I was not minded all involved that this was not an inhu- and then into rivers and streams present un- present to vote for rollcall 537 and rollcall 538 man transaction—the situation was about real precedented challenges to our water infra- due to flight delays from storm systems mov- people threatened with losing a home that structure. More and more products are de- ing through the area. Had I been present I meant so much to them. signed to be flushed down toilets and drains, would have voted ‘‘no’’ on S. 679, the Presi- Truly outstanding, though, is that Diane per- placing them in systems that are already dential Appointment Efficiency and Stream- formed her services for this family and many stressed. Pharmaceutical residues are show- lining Act of 2011, and ‘‘yes’’ on H.R. 828, the others while she herself dealt with life-threat- ing up in treated wastewater and because Federal Employee Tax Accountability Act of ening cancer. When too sick to go to the of- they are difficult to treat, I’m afraid we are 2011. fice, she worked from home. She is still deal- slowly medicating vast numbers of Americans f ing with the terrible disease but I hope and against their will. Aging water systems—some pray for her recovery. still made out of brick or wood, some dating HONORING GARY WADDELL Across the country, thousands of housing from the century before last—mean that Amer- counselors like Diane are working to keep ica also faces old-fashioned system reliability HON. SHELLEY BERKLEY families in their homes. They’ve only become issues. Reports indicate that each year an av- OF NEVADA more important in recent years as the housing erage of six billion gallons of drinking water IN THE HOUSE OF REPRESENTATIVES crisis impacted millions of families. Combined leaks from these inadequate and ancient with falling home values, unresponsive mort- pipes. Six billion gallons is enough to fill 6,000 Wednesday, August 1, 2012 gage servicers, and long-term unemployment, Olympic sized swimming pools—if lined up, Ms. BERKLEY. Mr. Speaker, I rise to recog- these families have few places to turn. Thank these pools would stretch from Washington, nize the outstanding achievements of a great goodness for housing counselors, who work to DC to Pittsburgh, PA. Nevadan, Mr. Gary Waddell. I am proud to call make sure consumers get a fair shot. They These aging and outdated systems are not Gary my friend, and that makes me just like are not always successful, but they still make just a local problem, relevant only to a single hundreds of thousands of Southern Nevadans

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No one has ever broadcast with Thanks to this new benefit in the Affordable ever, the National Infantry Museum and Sol- more intelligence, warmth, and integrity than Care Act, women can get the regular check- dier Center hopes to direct the coin proceeds has Gary. ups and screenings that are so important to to pay down a portion of the $16 million in Gary is the ‘‘dean’’ of newscasters, but that staying healthy without having to worry about bank loans that the Foundation incurred in term hardly captures what he means to South- how much it will affect the family budget. order to complete the facility as well as reduce ern Nevada. In times of crisis in our commu- Today’s announcement is just one more interests costs. nity over the years, we’ve always turned to part of the overall implementation plan for im- Accordingly, this legislation makes a tech- Gary’s coverage because he is a consummate proving our nation’s health care system. nical change that will allow the coin proceeds news professional, never allowing competitive The Affordable Care Act will provide greater to be used ‘‘for the retirement of debt associ- pressure to compromise accuracy, thorough- access to affordable health care for millions of ated with building the existing National Infantry ness and fairness. Gary’s signature on-air women and families who do not have cov- Museum and Soldier center and for any future style is incisive, sincere, assuring, and warm. erage now, while also lowering health care capital improvements.’’ It is within the letter Southern Nevadans rightly call him their costs, creating jobs, strengthening the middle and the spirit of the original measure, and it ‘‘Cronkite.’’ class, and reducing the deficit. will go a long way toward keeping our proud When we see Gary’s work on TV, we are f Army Infantry past alive so we as great nation also seeing Gary the man—the man who has PERSONAL EXPLANATION never forget the sacrifices of our brave Infan- done so much good for Southern Nevada, try soldiers. above and beyond the ordinary call of his pro- I urge my colleagues to support this legisla- fession. Since the 1970s, Gary has given his HON. BETTY SUTTON tion. OF OHIO time and talent to help people in need. His ef- f forts, both public and private, have aided IN THE HOUSE OF REPRESENTATIVES RECOGNITION OF THE countless thousands of Southern Nevadans Wednesday, August 1, 2012 RETIREMENT OF GARY BARRIGER and built a stronger community for all. Ms. SUTTON. Mr. Speaker, due to prob- Gary is coming to the end of his legendary lems with travel, I was unable to vote. Had I broadcasting career. To say he will be missed been present, I would have voted ‘‘yes’’ on HON. DAVID P. ROE is a major understatement. I understand he’ll rollcall No. 537, ‘‘yes’’ on rollcall No. 538, and OF TENNESSEE soon be riding off on his motorcycle, but I look ‘‘no’’ on rollcall No. 539. IN THE HOUSE OF REPRESENTATIVES forward to his return, and hope he may pursue a new venture that will again bring him into f Wednesday, August 1, 2012 our living rooms. NATIONAL INFANTRY MUSEUM Mr. ROE of Tennessee. Mr. Speaker, I rise Congratulations and best wishes on your today to recognize Mr. Gary Barrigar, who is new life chapter, my friend. HON. SANFORD D. BISHOP, JR. stepping down as president of the Boone Wa- f OF GEORGIA tershed Partnership, which he has served IN THE HOUSE OF REPRESENTATIVES since 2005. Through both his work with the NO CO-PAY DAY Partnership and as a schoolteacher, Gary has Wednesday, August 1, 2012 made incredible contributions to his East Ten- HON. DEBBIE WASSERMAN SCHULTZ Mr. BISHOP of Georgia. Mr. Speaker, I am nessee community. OF FLORIDA pleased to join my colleagues, LYNN WEST- As a science teacher who was in the class- IN THE HOUSE OF REPRESENTATIVES MORELAND and Senator SAXBY CHAMBLISS, in room for 38 years at Elizabethton High support of this legislation, which will strength- School, Gary headed the award-winning Wednesday, August 1, 2012 en for the future one of the crown jewels of Elizabethton High Ecology Club. He has also Ms. WASSERMAN SCHULTZ. Mr. Speaker, southwest Georgia—the National Infantry Mu- been an integral part of numerous organiza- I rise today to commemorate No Co-Pay Day. seum and Soldier Center at Fort Benning. tions that protect the environment and outdoor Today marks a victory for women’s health The National Infantry Museum sits on a 200 areas that we East Tennesseeans hold so care. Some 47 million women will now be able acre site that serves as a tribute to the Infan- close to our hearts. to get preventative services that couldn’t be- try’s legacy of valor and sacrifice. The Mu- Gary has made it his life’s mission to in- fore this rule went into effect. seum honors infantry soldiers—from those crease water quality awareness and help pre- Any new insurance policies sold to individ- who crossed the icy Delaware River with serve local rivers and streams—something uals or employers must cover contraception George Washington to those serving in Af- that all of us in East Tennessee are the better without a co-pay as part of a larger package ghanistan today—for their selfless service to for. of mandatory co-pay-free women’s preventive our country, while preserving their stories for I commend Gary for his selfless contribu- care benefits. Insurance plans that have al- future generations. tions to East Tennessee and its water re- ready been purchased will have to start offer- It also serves as a functional area for basic sources and wish him the best as he transi- ing no-co-pay contraception when they renew. training graduations and other special and tions into this new stage in life. Before the Affordable Care Act, some insur- community events. Since its opening in 2009, f ance companies did not cover preventative for example, Infantry School classes regularly services for women under their health care graduate on the facility’s parade field. PERSONAL EXPLANATION plans, and others required deductibles or co- In addition, the National Infantry Museum pays for the care they needed. hosted a Congressional Military Family Cau- HON. TIMOTHY V. JOHNSON That changes today—all health insurance cus Summit just over a month ago, which con- OF ILLINOIS policies are required to cover new preventative nected military families with Members of Con- IN THE HOUSE OF REPRESENTATIVES care without charging women any co-pays or gress, officials from the Department of De- deductibles. Some of the new preventative fense, personnel from the Department of Vet- Wednesday, August 1, 2012 services now available with no co-pay include erans Affairs, and various military and veteran Mr. JOHNSON of Illinois. Mr. Speaker, on annual visits, FDA-approved contraceptives, support organizations to discuss pressing Tuesday, July 31, 2012 I missed votes due to domestic violence screenings and counseling, issues impacting America’s service members a meeting in my district with constituents in breastfeeding support, HPV DNA testing for and their families. Urbana, IL on pressing local issues. Had I women 30 or older, HIV and sexually trans- In 2008, the National Infantry Museum and been present, I would have voted ‘‘aye’’ for S. mitted infections screenings, and gestational Soldier Center Commemorative Coin Act was 679, Presidential Appointment Efficiency and

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

VerDate Sep 11 2014 14:20 May 18, 2017 Jkt 019102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR12\E01AU2.000 E01AU2 jstallworth on DSK7TPTVN1PROD with BOUND RECORD August 1, 2014 EXTENSIONS OF REMARKS, Vol. 158, Pt. 9 13185 Mr. Speaker, what began as a peaceful abled the Assad regime to commit murder tion of First Lieutenant and also served as stand against tyranny has morphed into the among other mass atrocities, and they need to Helicopter Control Officer. He served two bloodiest movement of the Arab Spring. Ac- be held accountable for their actions. years aboard the USS Tisdale, earning his cording to the International Red Cross, more As a member of the Committee on Home- Surface Warfare Pin and deploying to Japan than 16,000 men, women and children have land Security I have seen how America is an and Korea in support of PACEX89. been killed in the conflict, and the violence example of democracy and peace, and I wish In 1990, Lieutenant Commander Westerlund has increased substantially in the past few to see the same outcome for Syria. was promoted to Lieutenant Junior Grade. He weeks. An estimated 1 million Syrians have I stand today not only to ask for the support entered the U.S. Naval Reserves and became also been internally displaced and tens of of my colleagues, but to show my support and the Administrative Officer for the USS Worden thousands more have fled to neighboring admiration for the rebel fighters and all those (CG–18) naval reserve detachment based in countries. in Syria who are fighting against oppression Fresno, California. The massacres in Houla and Tremseh and cruelty. From 1991 through 1994, Lieutenant Com- where dozens if not hundreds of civilians were JULY 30, 2012. mander Westerlund served as a Convoy Offi- killed are just two of the more shocking exam- Hon. LAURA RICHARDSON, cer for the Convoy Command Detachment in ples of the terror that has gripped this nation House of Representatives, Longworth Office Seattle, Washington. In September of 1994, for over a year. Building, Washington, DC. Lieutenant Commander Westerlund reported Battles are currently raging for the country’s DEAR REP. RICHARDSON: On behalf of the for duty with Mobile Inshore Underwater War- two largest cities, the capital Damascus and American Syrian Coalition (ASC), I would fare Units 103 and 104, where he served as the commercial center Aleppo. In Aleppo rock- like to thank you for introducing H. Res. 742, a Division Officer and Department Head. He ets and shells have routinely been landing in a bipartisan resolution condemning the Rus- served multiple training periods in Korea and sian government for continuing to sell offen- residential areas, and there have been sive weapons to the Assad regime of Syria, Bahrain with these two units. sightings of fighter planes over the city. The which is using them to violently suppress In June 1997, Lieutenant Commander international community is holding its breath peaceful demonstrations and protests by in- Westerlund was awarded the Navy and Ma- as the Assad regime gears up for what many nocent Syrian citizens. rine Corp Achievement Medal while serving as fear will be a massacre of the city. A rebel vic- Since the beginning of the Syrian revolu- the Physical Security Officer during Overseas tory in Aleppo would be a decisive turning tion in March 2011, more than 21,000 people Operations in Manama, Bahrain, where he point in the war, and this is something the Syr- have been killed, according to the Syrian Ob- was tasked with establishing waterside secu- ian government will prevent from happening at servatory for Human Rights, and thousands rity watch to counter terrorist threats. more have been wounded, displaced, de- all costs. Lieutenant Commander Westerlund was re- tained, and/or tortured. Emboldened by the called to active duty in April of 1998 for one President Assad’s brutal crackdown in re- Russian and Chinese vetoes at the U.N. Secu- sponse to these protests has been directly rity Council, the regime continues its all-out year in support of stabilization operations in fueled by the unrelenting support of the Rus- military assault using Russian-supplied heli- Bosnia. During this assignment, he was instru- sian Federation. Throughout the mass mur- copter gunships and fighter jets to bomb mental in writing a major force structure study ders, torture and other atrocities perpetrated Syrian civilians simply because they de- for the US-European Command (EUCOM). by the regime, Russia has continued to send manded freedom, dignity and democracy. While serving for the EUCOM, he was award- weapons, knowing they are not being used for Your stance with the Syrian people is coura- ed his first Defense Commendation Medal and self defense purposes. geous and we wholeheartedly appreciate NATO Operations Medal. Shortly after return- Although the vast majority of the world has your efforts to help put an end to the brutal ing from Bosnia, Lieutenant Commander Assad regime. condemned the actions of President Assad Thank you again for supporting the Syrian Westerlund transferred to the Inactive Ready and his government, China and Russia have people and for standing up for those facing Reserve. refused to support any efforts to end the vio- injustice at home and abroad. As a result of the attacks on the United lence. Russia in particular has been Mr. Sincerely, States on September 11, 2001, Lieutenant Assad’s staunchest defender. The Russian DR. MAHMOUD KHATTAB, Commander Westerlund returned to active Federation has now vetoed three United Na- Chairman, drilling status. He was assigned to Com- tions Security Council Resolutions that would American Syrian Coalition. mander Pacific Fleet (COMPACFLT) Det–520 have imposed long overdue international sanc- f in Sacramento, California—a capacity in which tions against the Syrian regime. he served as the head of various divisions and HONORING NAVY LIEUTENANT I agree with Secretary of State Hillary Clin- departments. COMMANDER LAWRENCE E. ton when she stated, and I quote: ‘‘History will In 2004, Lieutenant Commander Westerlund WESTERLUND judge this council; its members must ask ran a successful election campaign for a seat themselves whether continuing to allow the on the Fresno City Council. Before taking of- Assad regime to commit unspeakable violence HON. JEFF DENHAM fice, Lieutenant Commander Westerlund re- against its own people is the legacy they want OF CALIFORNIA turned to active duty for six months standing to leave.’’ IN THE HOUSE OF REPRESENTATIVES the Battle Watch for COMPACFLT. In January 2005, Lieutenant Commander Westerlund was These comments were obviously directed Wednesday, August 1, 2012 towards Russia and China, and Russian De- sworn in as the District Four Representative fense Minister Sergei Lavrov has simply re- Mr. DENHAM. Mr. Speaker, I rise today to for the Fresno City Council. During this time, peated Russia’s support for non-intervention, honor the career of United States Navy Lieu- he continued to drill in Sacramento for and stated that any solution would have to be tenant Commander Lawrence E. Westerlund COMPACFLT Det–520. decided by Syrians themselves, and not a for- and to congratulate him on his upcoming re- Lieutenant Commander Westerlund was re- eign power. tirement from the U.S. Navy, following 20 called to active duty in support of Operation Mr. Lavrov says this as his country con- years of active and reserve service. Enduring Freedom in 2007. He served from tinues to send arms to Mr. Assad and his Lieutenant Commander Westerlund, a na- April 2008 to May 2009 as the Counterter- army whose firepower is already vastly supe- tive of Fresno, California, entered the U.S. rorism Train and Equip Manager for the Joint rior to the rebels they are attacking. Navy through Officer Candidate School, Class Special Operations Task Force for the Tran- Mr. Speaker, Russia can do what I cannot, 8809, in Newport, Rhode Island shortly after Sahara for the U.S. European Special Oper- and that is to sit idly by as thousands of inno- graduating from California Polytechnic State ations Command (SOCEUR) and Africa Spe- cent civilians are slaughtered because of their University in San Luis Obispo, California. He cial Operations Command (SOCAFRICA). For desire to live in a free and democratic country. was commissioned an Ensign on November his service, he was awarded his second De- Syrian men and women fighting for demo- 18, 1988, with his father, Richard Westerlund, fense Commendation Medal. cratic ideals should not be abandoned to face and brother, Midshipman Lance Westerlund, in In December of 2009, Lieutenant Com- the wrath of a tyrant alone. They should know attendance. mander Westerlund became the Officer in that they have a friend in the American gov- After graduation from Surface Warfare Offi- Charge (OIC) of the 38 sailors of the Military ernment. cer School in Coronado, California, he re- Sealift Command Cargo Afloat Rigging Team Today, I ask for my colleagues’ support for ported aboard the USS Mahon S. Tisdale III, Detachment C based out of Lemoore, Cali- H. Res. 742. The Russian government has en- (FFG–27), where he was assigned the posi- fornia. While serving as OIC, he was deployed

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In his wake it will take OF OREGON mander Westerlund and his wife recently wel- many of us here in Congress, along with other IN THE HOUSE OF REPRESENTATIVES comed their second child—a son named Wil- nongovernmental actors to continue to steer Wednesday, August 1, 2012 liam. and direct these efforts and contribute to the On August 11, 2012, Lieutenant Com- heavy lift of moving this important work for- Mr. WALDEN. Mr. Speaker, it is with great mander Westerlund will retire from the United ward. pride that I rise today to pay special tribute to States Navy after 20 years of honorable mili- Mr. Speaker, I know I speak for the whole Hood River County Sheriff’s Deputy Don tary service. Mr. Speaker, please join me in House in recognizing the contributions that Dillenbeck. Deputy Dillenbeck is retiring from honoring Lieutenant Commander Lawrence E. Admiral Watkins made to make this world a the Sheriff’s Office on July 29, capping more Westerlund for his outstanding career. He is a better place. We offer our condolences to his than 37 years of duty, honor and service to true public servant. I congratulate him on his family and friends, and particularly his six chil- the citizens and visitors of Hood River County, retirement, and wish him the best of success dren and his wife, Janet. Those of us who had Oregon. in his future endeavors. the good fortune to have known him are better Don Dillenbeck was born and raised in my people for the experience. f home town of Hood River, Oregon where he f graduated from Hood River Valley High IN HONOR OF ADMIRAL JAMES D. School in 1972. Don began his career in pub- WATKINS HONORING MONSIGNOR FELIX S. DIOMARTICH lic safety as a Dispatcher and Corrections Deputy with the Hood River County Sheriff’s HON. SAM FARR HON. JANICE HAHN Office on January 23, 1975. OF CALIFORNIA Deputy Dillenbeck was promoted to Road OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Deputy in 1978, taking on more responsibility IN THE HOUSE OF REPRESENTATIVES with his new position. Patrolling the county for Wednesday, August 1, 2012 Wednesday, August 1, 2012 the next 34 years and serving under three dif- Mr. FARR. Mr. Speaker, I rise today to Ms. HAHN. Mr. Speaker, I rise to honor ferent Sheriffs, Deputy Dillenbeck logged over honor the life and exemplary service of the Monsignor Felix S. Diomartich, the oldest 1 million miles on six different patrol cars. His late Admiral James D. Watkins. Chief of Naval priest in the City of Los Angeles and the duties included not only the protection of the Operations, Chairman of the Commission on S˘ ibenik region of Croatia, who is celebrating public, but also the training and mentoring of AIDS, Secretary of Energy, and Chairman of 75 years of service in the priesthood. Mon- new Deputies. His extensive knowledge of the U.S. Commission on Ocean Policy, he signor Diomartich was born on November 2, procedure, law and tactics has been invalu- was called out of retirement on multiple occa- 1914, in Zlarin, Croatia. He began his life’s able to the county over the course of his ca- sions but left the service of our Nation and our journey at the parish of Vodice as the Asso- reer. world last Thursday night. He passed on from ciate Pastor. Soon after, he was named Sec- Mr. Speaker, Deputy Dillenbeck is also his home in Alexandria, VA at the age of 85. retary to Bishop Mileta. He later earned two somewhat of a celebrity due to a dangerous His presence will certainly be missed not just doctorate degrees in theology and church law highspeed pursuit that was featured on the tel- in Washington, but across the country and at the Gregorian University in Rome, Italy. Be- evision program ‘‘World’s Wildest Police particularly in the ocean science community. fore leaving for the United States, he obtained Chases.’’ In 1997, a fleeing suspect rammed A native of California and a graduate of the the title of the lawyer of the Sacra Romana his patrol car three times. Thankfully, the sus- U.S. Naval Postgraduate School in Monterey, Rota. pect was apprehended and did not seriously Admiral Watkins served in the Navy for 37 After arriving in the United States, Mon- injure Deputy Dillenbeck. This incident is a years where he rose to become the Chief of signor Diomartich served at three parishes in prime example of the high level of commit- Naval Operations. An esteemed feat by itself, the Archdiocese of New York before he was ment Deputy Dillenbeck holds for public serv- this position was just the starting point for invited to serve at St. Anthony Croatian ice. When he is called upon to put his own life what would become his most venerable leg- Church in Los Angeles. Monsignor Diomartich in danger—whether it’s apprehending a fleeing acy. After retirement from the Navy, Admiral served for 36 years as an administrator and felon or volunteering as a firefighter with Watkins was appointed Secretary of Energy as a pastor. He supported such organizations Westside Fire Department—Deputy Dillenbeck during the Reagan administration. as the St. Ann’s Altar Society for women and can be counted on to answer. Accomplished through his ability to bring the Holy Name Society for men. He founded Although he will officially retire from his full- disparate groups together to understand and two new societies for American-born young time position, Deputy Dillenbeck has resolve complex problems, he led two of the adults called the Anthonians and the St. An- quested to remain with the Sheriff’s Office in most important federal commissions to occur thony’s Women’s Guild. His other accomplish- a volunteer capacity as a Reserve Deputy so in the past 25 years—one on the AIDS pan- ments at the parish include the St. Anthony’s he can continue to serve and protect the pub- demic and the other on the Congressionally Annual Picnic Festival, building of a new rec- lic in Hood River County. Even in retirement, directed Commission on Ocean Policy. Both tory, and remodeling and expanding the origi- Deputy Don Dillenbeck will continue to answer commissions sought to improve the health and nal parish hall. the call to service. well-being of all through improved under- In 1978, Pope Paul VI awarded him the title Mr. Speaker, I ask that my fellow colleagues standing of our least understood systems—the of Monsignor. The Croatian National Associa- join me in recognizing Don Dillenbeck. He has human immune system and the planetary tion and Foundation awarded him with its Life- earned the thanks of a grateful nation not only ocean system. As a public servant and as a time Achievement award in 2008. Though he for his dedication to service, but for his unwav- citizen, Admiral Watkins acted deliberately and has retired from its administration, Monsignor ering commitment to his community. Please thoughtfully to digest massive quantities of in- Diomartich continues to reside at the St. An- join me in wishing Deputy Don Dillenbeck a formation and actors into specific challenges thony Croatian Church, helping with masses very long and happy retirement. with clearly articulated steps to achieve and confessions. Through his passion of f agreed-upon outcomes. spreading the word of God, he has inspired SENATE COMMITTEE MEETINGS His 16-member Commission on Ocean Pol- and guided the residents of Los Angeles and icy developed ‘‘An Ocean Blueprint for the has brought unity and pride to the Croatian Title IV of Senate Resolution 4, 21st Century’’ which offered comprehensive community. agreed to by the Senate on February 4, recommendations for a national ocean policy. He has truly made a difference in the lives 1977, calls for establishment of a sys- When those recommendations were finalized of so many people. It has been a privilege to tem for a computerized schedule of all

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