S1674 CONGRESSIONAL RECORD — SENATE March 12, 2013 will have a ripple effect that could curb REMEMBERING BORAH VAN always gone first, providing a blueprint medical discoveries and weaken the DORMOLEN that helped guide negotiations on Cap- economies across the country. Mr. CORNYN. Mr. President, I want itol Hill, but not under this President. Dr. Francis Collins, Director of the to start my remarks today by remem- The budget process is an opportunity NIH, says there is no question that se- bering a great Texan who passed away for the President to outline his prior- questration will slow the development just yesterday. Sandy, my wife, and I ities. It is an opportunity for the Presi- of an influenza vaccine and cancer re- are deeply saddened by the loss of dent to tell the American people what search. we can afford and how we are going to Eli Zerhouni, head of NIH under Borah Van Dormolen, a remarkable pa- triot, a respected leader, and a loving pay for it. Above all, it is an oppor- President George W. Bush, said: tunity for the President to show real We are going to maim our innovation capa- wife. Borah rose through the ranks of the leadership on issues of national impor- bilities if we do these abrupt deep cuts at tance. NIH. It will impact science for generations U.S. Army, achieving the rank of lieu- to come. tenant colonel. After more than two As ADM Mike Mullen, the former Chairman of the Joint Chiefs of Staff, Right now, when so much good re- decades serving her Nation in the uni- said: The greatest national security search is moving us forward, we should form of the U.S. Army, she poured her be doubling down on medical edu- energy and sense of duty into helping threat to the United States is our cation, innovation, and infrastructure. our State. Frequently offering frank budget. What he meant by that is, un- Cutting back on NIH and biomedical advice in only the way Borah could, less the Federal Government gets its research is so shortsighted. Medical re- she was a leader by example and a fiscal house in order, we are not going search saves lives, keeps America’s great friend. to be able to afford even the safety net place as a leader in science and medi- Borah’s legacy will live in many for the most vulnerable of our people, cine, and it generates economic ways, including in the young Texans nor are we going to be able to afford growth. Frankly, these cuts shake the she helped me select for nominations the national security that helps keep confidence of people in this field. Try- to our Nation’s military academies America strong and America and its al- ing to decide whether they should dedi- through her service on my Military lies safe. cate their lives to medical research Academy Selection Committee. Unfortunately, the President has with the uncertainty of sequestration Sandy joins me in sending our failed to demonstrate the required and budget cuts is unfair. thoughts and prayers to Borah’s hus- leadership in this area. He has also ig- For over a century, NIH-supported band, LTC Rich Castle, their families, nored the recommendations of his own scientists have led the way for impor- and all those whom Borah touched bipartisan fiscal commission. He sub- tant breakthroughs to improve health throughout her journey in life. mitted two consecutive budget pro- and save lives through the discovery of posals that failed to receive a single things such as the MRI, extending the f vote in this Chamber. His administra- life expectancy for people with cystic THE BUDGET tion has racked up $6 trillion in new fibrosis, revolutionizing our thinking debt since he became President, and he about cancer, improving our under- Mr. CORNYN. Mr. President, I would created a massive new entitlement standing of stroke and heart disease, like to mark this 1,413th day that the funded by a trillion-dollar tax in- and creating new vaccines that save Senate has not had a budget. We will crease—something known as lives. be talking a lot about the budget this ObamaCare. Now he is refusing to send President Obama has called on con- week, as we should, in a debate that us a budget until after the Senate and gressional leaders to come together to has been long overdue. the House vote on their own budget create an alternative to the sequestra- Since the Budget and Accounting Act proposals. tion. A balanced mix of smarter spend- was passed in 1921, no President has If the President really wants to play ing cuts and revenue from closing loop- missed the legal deadline for submit- a constructive role in the budget proc- holes that benefit higher income indi- ting a budget to Congress. Unfortu- ess, he will send us his proposal right viduals will mean we can keep our nately, for the fourth time in 5 years, away. Further delays will only com- commitment to medical research. President Obama will miss that dead- plicate and hinder our negotiations. This week we are going to start the line. Mr. President, I yield the floor and debate on the continuing resolution. Given that our gross national debt is suggest the absence of a quorum. One of the early amendments that is already larger than our entire econ- The ACTING PRESIDENT pro tem- likely to be offered will be by Senator omy, and given that we are facing more pore. The clerk will call the roll. HARKIN, who chairs the Labor, Health than $100 trillion in unfunded liabil- The legislative clerk proceeded to and Human Services Subcommittee in ities, one would think the President call the roll. Appropriations. I have spoken to Sen- would make this a priority and he Ms. AYOTTE. Madam President, I ator HARKIN. He is determined to do ev- would feel a greater sense of urgency ask unanimous consent that the order erything he can to give the Senate the about America’s fiscal dilemma. for the quorum call be rescinded. opportunity to continue to cut the def- In fact, not only will President The PRESIDING OFFICER. (Mr. icit but to do it in a way that will not Obama be late with his budget this SCHATZ) Without objection, it is so or- make dramatic negative cuts in med- year, he will not even be submitting it dered. ical research. to the House and the Senate until after f I hope we can get a bipartisan con- we have released our own budgets. So sensus. Diseases and the threats of ill the President will not have any input TERRORISTS TRIALS health strike all of us regardless of whatsoever by submitting his budget— Ms. AYOTTE. Mr. President, I rise party affiliation. We should come to- which he should have done on February today to speak about an issue I am gether on a bipartisan basis to support 4—he will not have any input whatso- very concerned about, which involves a increasing medical research and main- ever on the deliberations of the House man who was recently captured over- taining America’s lead in the world. I yield the floor and suggest the ab- and Senate as we take up our proposed seas. His name is Sulaiman Abu sence of a quorum. budgets. Ghaith, and he is Osama bin Laden’s The ACTING PRESIDENT pro tem- As I say, since the Budget and Ac- son-in-law. Here is a photo of him sit- pore. The clerk will call the roll. counting Act was passed in 1921, no ting next to Osama bin Laden. In fact, The legislative clerk proceeded to U.S. President has ever done that. The he appeared with Osama bin Laden call the roll. White House has always gone first. In right after the 9/11 attacks on our Mr. CORNYN. Mr. President, I ask fact, the President is the leader of our country. unanimous consent that the order for Nation not only as Commander in Chief He is Osama bin Laden’s son-in-law, the quorum call be rescinded. but also as the one the Constitution captured overseas and brought to the The ACTING PRESIDENT pro tem- looks to in the law to bear the respon- United States of America. The Attor- pore. Without objection, it is so or- sibility to make at least an initial ney General has made the announce- dered. budget proposal. The White House has ment Osama bin Laden’s son-in-law

VerDate Mar 15 2010 02:38 Mar 13, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MR6.007 S12MRPT1 tjames on DSK6SPTVN1PROD with SENATE March 12, 2013 CONGRESSIONAL RECORD — SENATE S1675 will be tried in New York City in a ci- inform him he has the right to remain tion seems to be bent on bringing these vilian trial rather than being brought silent. We lose valuable opportunities foreign terrorists to the United States to Guantanamo Bay for further inter- to gather intelligence, to protect our to give them all of the rights of our ci- rogation and held in military custody. country, and to discover if he was with vilian court system rather than focus- I am very concerned about this issue Osama bin Laden. ing on ensuring we have all the intel- as this is a man who, based upon the We have photos of him one day after ligence we need to protect our country. relationship he had with Osama bin the September 11 attack. What does he I would like to also speak about an- Laden in 2001 and 2002, served as a know about al-Qaida? Who else was in- other individual and the inconsistency spokesman for al-Qaida. He urged oth- volved? What does he know about their we have here. This is Anwar al-Awlaki. ers to swear allegiance to Osama bin network? During the time he spent in Anwar al-Awlaki was an American cit- Laden. On September 12, 2001, he ap- Iran, was he still communicating with izen. He was radicalized, possessed both peared with Osama bin Laden and members of al-Qaida? Obviously, he American and Yemeni citizenship, and Ayman al-Zawahiri. He is shown in this was because we allege he helped com- became a leader for al-Qaida in the photo. mit an attack in 2002 in Kuwait which Arabian Peninsula. He advocated for He warned the United States and its killed at least one marine. violent jihad against the United States allies, ‘‘A great army is gathering Who was he communicating with? and has been linked to a dozen ter- against you.’’ He also called on all What future attacks are they planning? rorist investigations in the United Muslims to battle the Jews, Christians, What associations has he made with States. These include links to the Sep- and Americans. He also promised more members of al-Qaida? When we tell tember 11 attacks against our country 9/11-style attacks. Right after our someone such as this he has the right and links to the November 5, 2009, Fort country was attacked on September 11, to remain silent and give him a lawyer, Hood shooting. he appeared with Osama bin Laden we lose opportunities to protect our The administration made the deci- warning of more September 11 attacks. country. sion in September 2011 to take out Mr. He said, ‘‘The storms shall not stop, es- When we are at war, as we are with al-Awlaki overseas in Yemen. I cer- pecially the airplane storms.’’ al-Qaida, we need to focus to discover tainly support their decision in that re- In 2002, he reportedly arranged to be as much information as possible about gard. smuggled to Iran where he was held al-Qaida: who they are targeting and I want to point out how inconsistent under some form of house arrest. Obvi- who are the members of al-Qaida. Obvi- it is that we are willing to use the ously, we need to understand why the ously, all of us supported the Presi- drone program to take out someone Iranians were allowing such a promi- dent’s decision to take out Osama bin like al-Awlaki, and yet we will not use nent member of al-Qaida to be kept in Laden. Who are the other members of all the tools in our toolbox to ensure their country. We have deep concerns his network? What information are we Osama bin Laden’s son-in-law is held at about Iran, which is the largest state losing when we bring him to a civilian Guantanamo and fully interrogated to sponsor of terrorism in the world. It is court system instead of bringing him give us the time we need to gather the full information he has. It is very in- threatening our country and right now where he belongs as an enemy bellig- consistent, and I think the administra- marching toward nuclear weapons ca- erent in Guantanamo Bay? tion should be detaining enemy bellig- pability. It has threatened to annihi- It seems to me inconsistent that the erents in Guantanamo and ensuring late Israel and threaten our country, administration would take the posi- tion—and I support them on this—they they are interrogated. while he was under loose house arrest I wish to mention one final person, would kill top members of al-Qaida following his direct allegiance with Khalid Shaikh Mohammed. Let’s not overseas. Yet they are so averse—when Osama bin Laden. forget the administration’s first deci- In addition, American authorities they capture someone—to bringing sion with the mastermind of 9/11, have tied him to an October 8, 2002, at- them to Guantanamo Bay. It is their Khalid Shaikh Mohammed, was to tack on the U.S. Marines while train- preference to take them into a civilian bring him to New York City for a civil- ing on an island off the coast of Ku- court system in the United States of ian trial in New York close to Ground wait. This was a situation where one of America, where they must read Mi- Zero, as they are now making the deci- our marines was killed and another randa rights to that individual rather sion with Osama bin Laden’s son-in- was seriously injured. than take them where they belong, to law. The attack was conducted by al- Guantanamo Bay. The public outrage was great over Qaida fighters with direct ties to Mr. I have visited Guantanamo, which is bringing Khalid Shaikh Mohammed to Abu Ghaith, who is Mr. Osama bin a secure detention facility where peo- New York City due to the amount of Laden’s son-in-law. Kuwait actually ple are treated humanely, kept very se- security it would take to secure some- stripped Mr. Abu Ghaith of his citizen- curely, but not on U.S. soil. We may one like him. There was the concern he ship because of his role in recruiting keep them in Guantanamo Bay under should be treated as an enemy of our Kuwaitis to become members of al- the law of war and interrogate the indi- country and tried by a military com- Qaida. vidual as long as we need to. mission in Guantanamo. He was trans- Last week he pled guilty to charges Let me remind everyone the intel- ferred there eventually by the adminis- in Federal court in New York City. I ligence we gathered, which allowed us tration, but only after great pressure am concerned when we take a top to find and take out Osama bin Laden, from both sides of the aisle in Congress member of al-Qaida after his capture took a matter of not just months but to say it would be appropriate that the overseas, such as Osama bin Laden’s years to gather. To take someone such mastermind of 9/11 belongs in Guanta- son-in-law, bring him to our courts in as Sulaiman Abu Ghaith and imme- namo before a military commission. New York City, and then all the full diately, after he is captured, very I think we find ourselves in the same rights of our civilian court system quickly bring him to New York City, situation now with Osama bin Laden’s apply to this individual. This includes we lose the opportunity to go back to son-in-law. There can be no doubt he is the right, when one is in custody and him over time to understand the full a top member of al-Qaida; that he had interrogated, to hear Miranda rights. amount of information he may have close relationships with Osama bin My former role was as attorney gen- about al-Qaida. This is why we have a Laden; that he is charged with con- eral for the State of New Hampshire. I distinction under our law between the spiring to kill Americans. These are have great respect for our civilian sys- law of war and our civilian system. very serious charges, and there can be tem; however, our civilian system was He is not a bank robber. He is not an no doubt that he falls within our oper- not designed to deal with situations average criminal who should be treated ation and the use of military force; where we are at war. Mr. Abu Ghaith the same way as any other criminal in that he is an enemy of our country and falls clearly within the definition of America. He is someone who has sworn that we should be treating him in a what this body has authorized as the to kill Americans and has asked others similar fashion as to how we treated use of military force against an enemy to take the oath for al-Qaida, which is Khalid Shaikh Mohammed. belligerent. When we bring him to New at war with our country. I am very Most of all, we need to prioritize in- York City, we must Mirandize him and worried about the fact the administra- telligence gathering to prevent future

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However, there are seven remaining diately into our civilian court system. problems. bills in the continuing resolution, and A man such as Osama bin Laden’s son- Let me go to the Budget Committee, they are energy and water—money for in-law should never hear the words which will be on the floor next week, things such as the Corps of Engineers— ‘‘You have the right to remain silent.’’ and Senator MURRAY is vociferously interior and environment, financial We can’t afford to have him be silent. and persistently working on that bill. services, transportation, Labor-HHS, We need to know everything he knows That is for fiscal year 2014. That is the state and foreign ops, and the legisla- to protect our country, its citizens, and framework on how we are going to ap- tive branch. That means they are pro- to prevent future attacks on America proach our overall budget: What are we vided current funding levels and poli- and our allies. going to spend, what revenues we are cies with some very limited changes to Mr. President, I yield the floor. going to have to raise, if any, and also fix present problems. These are called The PRESIDING OFFICER. The Sen- a review of mandatory spending. That anomalies. ator from Maryland. is going on over there. That is for fiscal The Senate version, as I said, totals Ms. MIKULSKI. Mr. President, par- year 2014. $1.43 trillion, which is equal to the liamentary inquiry: Has all time ex- The Mikulski-Shelby continuing res- House CR. So the top line is the same; pired from the respective parties uti- olution is the appropriations bill—not the difference is how we achieve na- lizing their morning business alloca- a personality bill—that will fund the tional goals. It is equal to the House tion? government through 2013. The Amer- continuing resolution, and it is the The PRESIDING OFFICER. It has. ican people might say: Didn’t you do same as required by the Budget Control Act. We are absolutely in compliance f that in October? Isn’t our fiscal New Year’s Eve October 1? Well, not really. with the Budget Control Act. CONTINUING APPROPRIATIONS What happened is we were going into Sequester mandates another $86 bil- Ms. MIKULSKI. Mr. President, I am the heat and passion and prickliness of lion in cuts. That comes over what we do, and that solution is to be nego- rising to speak on the continuing reso- an election year, so the wise heads tiated by the President and the leader- lution to keep government funded for thought it best to extend it where cool- ship with the concurrence of both bod- the rest of the year. er heads would prevail in March. So ies. That is part of the charm offensive I chair the full committee of the Ap- here we are. We are the cooler heads, that is going on now. OK. Sequester propriations Committee. My very able and we are ready to prevail. What we needs a balanced solution, and we will and esteemed colleague, Senator have here now is that legislation. be listening and awaiting their ideas, SHELBY, is the vice chairman. We come Everybody needs to understand this: but right now we are looking at our to the floor to talk about our legisla- On March 27, that continuing resolu- bill that includes bipartisan amend- tion, which is an amendment to the tion expires. If we do not pass our bill ments, minimizing the problems of op- House CR to fund the Federal Govern- and then have an agreement between erating and returning to a regular ment for the rest of the fiscal year. It the House and the Senate that is continues the bipartisan tradition of order for fiscal year 2014. signed by the President, we could face The amendment we offer is much bet- the Appropriations Committee working a government showdown. There is no ter than an extension of the current closely with both sides of the aisle, and will on either side of this institution continuing resolution. Why don’t we I wish to thank Senator SHELBY for his that wants to do that. We are abso- take a date and just change 2012 to excellent cooperation and his wise lutely committed to no shutdown, no 2013? We don’t do that because our bill counsel in doing this and actually co- showdown, no lockdown, no slamdown. makes reforms. We actually get more sponsoring this. We want to do the job, and that is why value for the dollar. If we just extended Our leadership, Senators REID and we have been working very carefully to it, we would sometimes be spending MCCONNELL, has been critical to allow- do that. money on unneeded programs, one of ing us to come to the floor and have What we will offer today is funding which would be—in our bill, CJS—$500 our bill be debated openly, to have ap- through the fiscal year, which will million for a space shuttle that doesn’t propriate amendments, and then to take us to October 1, and that meets exist. We want to change that and put have it voted on by the full Senate. In the mandatory cap assigned to us by it where it belongs, into the proper de- today’s toxic environment in Wash- the Budget Committee of $1.4 trillion. fending of our Nation and investing in ington, I must say our conversations That is a lot of money, but it is a big science and technology. So a date have been characterized by civility, government with big responsibilities. change in a continuing resolution is collegiality, and absolute candor—what It includes everything from defense— not workable. we can do; what we can’t do, not what defending us over there—to the border The Senate amendment improves the we would like to do but what we must control—defending us here—to meeting House CR by adding those three domes- do to keep the government’s doors compelling human need and making in- tic bills and, as I said, includes a num- open. vestments in science and technology ber of changes. I could go through each I also want to comment on the excel- while ensuring we do what we need to and every one of those changes, such as lent tone and conversation we have had do. in agriculture, but what I wish to do is with the House, specifically our House Our legislation is quite simple and explain the process now. I do want to counterparts, HAL ROGERS, the chair- straightforward. It includes five appro- explain the content of my bill; how- man of the House Appropriations Com- priations bills. Two are already in it ever, I am going to take 1 minute now mittee, and Congresswoman NITA from the House—defense, military con- and yield to Senator SHELBY for his LOWEY. We have talked with each other struction, and veterans. It will also in- opening statement and then I will and worked together, and if we con- clude agriculture, homeland security, come back and explain the details of tinue to do that without other inter- and a subcommittee that Senator our actual funding. vening dynamics, we can get this bill SHELBY and I are chair and vice chair I must say again, I have appreciated done. of that funds the entire Justice Depart- not only the civility and the Before I go into our bill to offer its ment. That means FBI, Federal law en- collegiality but the candor. We had to content, I want everybody to under- forcement, and science and commerce. look at not what we would like to do stand there are three things at play in So we have Ag, CJS, homeland security and not even what we should do but Washington this week. We use arcane and defense. Defense and military con- what we must do to keep government language, so nobody knows what is struction are identical to the House. operating, to achieve the national going on. There is the sequester, there Agriculture, CJS and homeland secu- goals America wants: our national se- is the continuing resolution, and there rity are consistent with bipartisan and curity, both those who wear the uni- is the Budget Committee. Everybody is bicameral agreements negotiated last form of the U.S. military as well as going to get confused because every- fall. others who defend the Nation, such as body is getting it commingled. All of it Remember, we are reaching across border control, Federal law enforce- is getting press and the American peo- the aisle, we are reaching across the ment, law enforcement at the local

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