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

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

Vol. 157 WASHINGTON, TUESDAY, NOVEMBER 15, 2011 No. 174 House of Representatives The House met at 10 a.m. and was The health care debate revealed the achieve with surgical reapportionment called to order by the Speaker pro tem- deepest of divisions and some of the what they couldn’t do honestly at the pore (Mr. WEST). most inflammatory language and ac- ballot box. As we approach the 50th an- f tion in history. The budget battles of niversary of the landmark Baker vs. the 112th Congress, especially the arti- Carr Supreme Court case that required DESIGNATION OF SPEAKER PRO ficial crisis surrounding meeting our one person/one vote, it’s time to revisit TEMPORE debt ceiling obligations, extend and that process. The SPEAKER pro tempore laid be- amplify that trend. I would propose that we would estab- fore the House the following commu- Experts across the political spectrum lish a national commission, composed nication from the Speaker: agree that part of this divisiveness of ex-Presidents, retired Federal jus- arises from the very nature of congres- tices, previous congressional leaders, WASHINGTON, DC, housed in an independent, professional November 15, 2011. sional districts. Both parties have de- I hereby appoint the Honorable ALLEN B. veloped into an art form the ability to agency, not unlike what Iowa has done WEST to act as Speaker pro tempore on this manipulate redistricting: packing in successfully for decades. These distin- day. partisans of a single party, punishing guished and independent experts would JOHN A. BOEHNER, opponents and protecting incumbents. establish uniform criteria and congres- Speaker of the House of Representatives. Just look at the maps published in sional district lines for each State to f ‘‘Roll Call’’ this week, the ‘‘Top 5 respect the communities of interest— the ethnic, cultural and historic bound- MORNING-HOUR DEBATE Ugliest Districts: Partisan Gerry- mandering 101.’’ Sadly, it’s practiced aries—rather than just partisan affiliation. Indeed, we may even consider The SPEAKER pro tempore. Pursu- by both political parties. We should all competitiveness to be a positive out- ant to the order of the House of Janu- be concerned when politicians have come. It would then be approved by ary 5, 2011, the Chair will now recog- more influence picking their voters Congress with an up-or-down vote like nize Members from lists submitted by than voters have picking their politi- the majority and minority leaders for we do with base closings. We may even cians. fix the outrage that denies American morning-hour debate. Now, some progress has been made to citizens of the District of Columbia, The Chair will alternate recognition insulate the redistricting process by between the parties, with each party our Nation’s capital, voting representa- creating a few independent commis- tion. Congress should enact these pro- limited to 1 hour and each Member sions and some guidelines, but the other than the majority and minority posals now while the abuse of the proc- problems persist. Look at what has ess is clear in everyone’s minds—well leaders and the minority whip limited happened in Florida to try and cir- to 5 minutes each, but in no event shall before the next Census in 2020. cumvent those reforms and, more re- The ebb and flow of our history has debate continue beyond 11:50 a.m. cently, the actions of Arizona Governor shown that highly political gerry- f Brewer firing the independent head of mandering can backfire, that political the supposedly independent commis- A NATIONAL REDISTRICTING tides can change. Nobody knows which sion. The process remains woefully in- COMMISSION party is going to be in charge 10 years adequate, highly politicized and sub- from now. Having a system that guar- The SPEAKER pro tempore. The ject to what normal people would re- antees fairness will guard against the Chair recognizes the gentleman from gard as political abuse. For many poli- destructive and highly partisan maneu- Oregon (Mr. BLUMENAUER) for 5 min- ticians, the temptation to place par- vering that we see now. utes. tisan objectives above the public inter- Americans deserve better. Mr. BLUMENAUER. Americans are est is just too tempting. In the last When citizens are treated fairly and understandably frustrated by the polit- decade, we saw the culmination of this all politicians play by the same rules, ical process. Attention has appro- trend in 2003 when Texas conducted a government works better. Meaningful priately been directed to the perversion hyper-partisan, mid-decade, second re- political reform is seldom easy. It of Senate rules that slow the Senate’s apportionment process. takes time to educate the public and legislative process to a crawl with very Americans deserve better. policymakers and to refine the con- real consequences for the ability of the Congressional representation should cepts. I am hopeful there will be care- Federal Government to function. not be a political blood sport that pro- ful consideration of this proposal as a Concern has also been expressed tects incumbents, disenfranchises le- way to make the House of Representa- about the House of Representatives. gitimate interests and allows people to tives fair, more representative and

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

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VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.000 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7582 CONGRESSIONAL RECORD — HOUSE November 15, 2011 more effective for this century. Given than trucks; it’s safer than bringing it me in this report is that the top 1 per- the challenges we face, America de- in on ships from overseas; and it’s safer cent of income earners have seen their serves no less. than barges, because pipelines have a average real after-tax household in- f history of being the most environ- come grow by 275 percent. Middle-in- mentally safe, as they should be safe. come Americans saw an increase of 40 THE KEYSTONE XL PIPELINE— In fact, the new pipelines that are de- percent over the same period of time. PAGE II veloped are taking newer technology. This report illuminates a sad fact: In- The SPEAKER pro tempore. The They put a machine in the pipeline— come inequality in our country is Chair recognizes the gentleman from it’s called a pig machine—which goes growing at a staggering pace. The re- Texas (Mr. POE) for 5 minutes. through the pipeline with the crude oil port is pointing out what many of my Mr. POE of Texas. Mr. Speaker, the and looks for dense or even small leaks constituents tell me as I travel around folks I represent down in southeast which would automatically shut the my district from Cumberland to Paw- Texas are concerned about many pipeline down. Nobody wants a leak in tucket to Newport, from community things; but two things they are con- a pipeline—the people who build it or dinners and talking to business owners: cerned about probably the most are the people who live in that area—but This economy is not working for the jobs and energy, because, you see, in the administration has decided, pri- majority of middle class families. In southeast Texas, that’s still the energy marily the State Department has de- fact, the hardworking middle class of capital of the United States. I probably cided, not to make a decision until our country is being hollowed out, a represent more refineries than any 2013. middle class made up of people that are Member of Congress. just trying to provide a good life for b 1010 There is an answer to jobs and en- themselves and their families. My real ergy, and it’s called the Trans-Canada The Prime Minister of Canada is very fear is that if we let that happen, we’ll pipeline, commonly called the Key- disappointed that the United States never get it back. stone XL pipeline. will not be a partner in this crude oil Those here in Washington need to re- The plan is for our allies in Canada development. But there is a country member that our job is to help people to ship crude oil from Alberta, Canada, that will take that Canadian crude oil, and to strengthen the middle class of through a pipeline all the way from Al- and it’s China. So we may not see the this country. The way back to pros- berta, Canada, down to Port Arthur, pipeline built from Alberta to Port Ar- perity is not to ignore the problem; it’s Texas. Most Americans have never thur, Texas; but we may see that pipe- through investing in workforce retrain- heard of Port Arthur, Texas, but it sits line built from Alberta to their west ing, infrastructure, housing, and edu- on the gulf coast, really close to the coast where they could pipe that crude cation for tomorrow. We can’t wait any Louisiana-Texas border. It is part of oil off to their west coast and sell it longer. Now is the time to act. We need that energy development going all the and put it on tankers going to our bud- to work together in a bipartisan way to way back to Spindletop days in 1901— dies, the Chinese, who are eager to get our economy and our country mov- the energy capital of the world. The take that crude oil. ing again. plan has been, for several years, to ship Recently, however, there was a devel- I have introduced legislation, the that crude oil down to American refin- opment that the pipeline folks, the Make It in America Block Grant, de- eries and have them refine. TransCanada people who want to build signed to help small to medium-sized That decision, or that request to get a pipeline, have started to work with manufacturers retool, retrofit their fa- a permit, started about 3 years ago, the legislature in Nebraska. Nebraska cilities, and train employees so they and no decision has been reached yet is primarily the holdup where the envi- can sustain their current workforce, on whether to build it or not to build ronmentalists have gone and said they create jobs, and better compete in the it. The latest development is that the can’t build a pipeline here for a bunch 21st century economy. We need to de- administration has decided: Still, we’ll of reasons. The new plan is to build velop new efficient and effective ways not make a decision until 2013, after that pipeline to the east, the northeast to fund much needed investments in the elections. of Nebraska. Hopefully they will work our Nation’s crumbling infrastructure, That’s unfortunate because these are out something. Unfortunately, the including legislation to create a na- times when we need American jobs, and State Department said last night or tional infrastructure bank which will this pipeline would create American this morning, Well, nothing has attract private investment in vital in- jobs in America—thousands of Amer- changed. So it seems like delay, delay, frastructure projects. ican jobs—and then there is related in- delay is still the answer. American families will not feel or dustry all up and down the area where We need to get crude oil to our refin- share an economic recovery until we the pipeline will be built to Port Ar- eries someway. What is the answer? stabilize our distressed housing mar- thur, Texas. Then it will give us crude What is the answer for those who say ket. We not only need to mitigate our oil, energy that we can use from a sta- that they don’t want a pipeline? There foreclosure crisis but undertake bold ble ally. Instead of having to ship oil in is no answer. And until we get to that actions to prevent the next wave of from all over the world—from the Mid- green energy that we all want to get to foreclosures from occurring. Congress dle East primarily—we will have a sta- eventually, we have to get that crude needs to pass critical housing legisla- ble ally where we can bring crude oil oil and have it refined not only into tion, like the Preserving Homes and into the United States. gasoline and jet fuel but into the by- Communities Act, introduced by Sen- About how much oil are we talking products, plastics that we all use. And ator JACK REED and Representative about? the answer, Mr. Speaker, I think is, we ELIJAH CUMMINGS, which would im- Well, it’s about 700,000 barrels a day. need to pick a horse and ride it, sign prove home loan modification pro- That’s just a number—most people up, and build that pipeline imme- grams, including creating an appeals can’t relate to that. I really can’t—but diately. process for homeowners denied a loan that’s about as much crude oil as we And that’s just the way it is. modification, limit foreclosure-related buy from Venezuela and bring into the f fees, and respond to robosigning mis- United States. When the pipeline is conduct by forcing mortgage servicers fully completed, it will be 1,200,000 bar- INCOME INEQUALITY to prove they actually have the legal rels a day. Now, that’s a real number. The SPEAKER pro tempore. The right to foreclose on a property. How much is that? That’s about as Chair recognizes the gentleman from I believe that each and every Amer- much oil as we bring in from Saudi Rhode Island (Mr. CICILLINE) for 5 min- ican must be guaranteed access to an Arabia; yet we could bring that in from utes. affordable higher education, including Canada to our refineries in southeast Mr. CICILLINE. Mr. Speaker, last vocational education, regardless of Texas. month the Congressional Budget Office their economic status. We need to pro- Pipelines are the safest way to move released a report that examined house- tect the funding of Pell Grants, named crude oil—the safest way, Mr. Speaker. hold income distribution between 1979 for my home State Senator, the late It’s safer than rail; it’s certainly safer and 2007. The most disturbing figure to Claiborne Pell, which are one of our

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.003 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7583 Nation’s most significant college finan- the trainees opened fire and shot and officer was relieved of his position for telling cial aid programs. We must also guar- killed Lieutenant Colonel Palmer and the truth. Major General Peter Fuller should antee that our education system is pre- Sergeant Balduf as they sat down for receive praise from the American people, not paring young people for career readi- lunch. They both were killed by an Af- the scorn of military leadership. His comments about Afghan leadership being ‘‘er- ness, which I have worked on to ensure ghan trainee. And, Mr. Speaker, these ratic’’ and ungrateful for the United States’ that we’re offering more training op- two little girls on this poster are the financial assistance and military training tions to young adults, moving them daughters of Sergeant Balduf, Eden and are correct. along on career pathways, and Stephanie. They’re standing at their In a December 8, 2010 Washington Post ar- strengthening public-private partner- father’s service at Arlington. ticle, while meeting with General Petraeus ships so that business and government The tragedy for these little girls is and former Ambassador Eikenberry, Presi- are working together to build and im- not just the fact that their daddy gave dent Karzai said he has three ‘‘main enemies’’—the Taliban, the United States and prove our workforce. his life for this country, trying to help the international community. ‘‘If I had to I recommend to my colleagues that the Afghans learn to be policemen; but choose sides today, I’d choose the Taliban.’’ they all read this report, if they the day before he was killed, Sergeant Just last month, during a television inter- haven’t already. I also ask that they Balduf emailed his wife, Amy, and he view, President Karzai stated ‘‘. . . if ever join me in renewing our commitment said, ‘‘I don’t trust them. I don’t trust there is a war between Pakistan and Amer- to keep fighting for middle class fami- them for anything, not for anything at ica, Afghanistan will side with Pakistan.’’ lies as we work to help our country all.’’ The next day, he and Colonel These are not the statements of a leader for every day here in the Congress of the Palmer were shot dead by the people whom U.S. service members should give life United States. It’s time to get America and limb. that we’re spending $10 billion a month On May 12 of this year, Lieutenant Colonel back to work and to strengthen and on in Afghanistan. And we’re telling Benjamin Palmer and Sergeant Kevin support the hardworking middle class the American people, We’ve got to cut Balduf, both from my district, were in Af- of this country, the hardworking mid- programs for your children and our ghanistan with the sole purpose to train Af- dle class that’s built this country. senior citizens. ghan officers when one of the trainees f I’m asking that President Obama and opened fire and shot and killed Lt. Col. Congress do everything to defend the Palmer and Sgt. Balduf as they sat down for AFGHANISTAN truth and encourage military leaders lunch. In an email to his wife shortly before he died, Sgt. Balduf said ‘‘I don’t trust them; The SPEAKER pro tempore. The to be honest with the American people Chair recognizes the gentleman from I don’t trust them for anything, not for any- as to what is happening in Afghani- thing at all.’’ These two families quickly North Carolina (Mr. JONES) for 5 min- stan, and I will submit a letter that I learned why. utes. wrote to President Obama regarding Mr. President, the day after you visited Mr. JONES. It’s a sad day in America General Fuller. the wounded at Walter Reed at Bethesda, I when a major general in the United Mr. Speaker, as we move forward went and visited severely wounded Marines States Army cannot give his honest with this debt supercommittee that’s from my district, which includes Camp opinion about our war in Afghanistan going to be making recommendations, Lejeune. One Marine looked me in the eye and asked why we were still in Afghanistan. without losing his job. I hope that my colleagues in the Re- Last week Major General Peter I had to tell this Marine and his mother that publican Party will join those of us, I did not know, and that I believed it was Fuller gave an interview in which he the few of us in the Republican Party, time to declare victory and bring our troops commented on the Afghan Government as well as some of the Democrats, and home before 2014. As of October, 1,812 U.S. and the President of Afghanistan, Mr. let’s bring our troops home before 2014. service members have died in Afghanistan. Karzai. And I want to quote the gen- Yes, when you read in the paper we’re How many more families will give a loved eral, Mr. Speaker. These are his words: bringing our troops home, it’s 2014. one for a corrupt leader? ‘‘erratic and isolated from reality,’’ How many more little girls and little Maj. Gen. Fuller spoke the truth and does not deserve this fate. As Commander in that is the leader of Afghanistan. He boys have to go to their father’s or continued by saying: ‘‘Why don’t you Chief, I hope you will support and demand mother’s funeral? Why doesn’t America the truth for the American people. If our just poke me in the eye with a needle! wake up and demand that Congress military leaders cannot tell the truth, then You’ve got to be kidding me. I’m sorry, bring our troops home before 2014? America is in deep trouble. Mr. President, we just gave you $11.6 billion, and now With that, Mr. Speaker, I will close, you can right a wrong by reinstating Maj. you’re telling me, ‘I don’t really care’.’’ as I always do, from the bottom of my Gen. Fuller to his previous position. That’s what our young men and heart to ask God, please bless our men Sincerely, women are doing; they are dying and and women in uniform. I ask God to WALTER B. JONES, Member of Congress. losing their legs for this erratic leader please bless the families of our men of Afghanistan. and women in uniform. I ask God, in f Let me further state, in a December His loving arms, to hold the families b 1020 8, 2010, Washington Post article, while who have given a child dying for free- DO-NOTHING OPTION meeting with General Petraeus and dom in Afghanistan and Iraq. And I ask former Ambassador Eikenberry, Presi- God to bless the House and the Senate, The SPEAKER pro tempore. The dent Karzai said he has three ‘‘main that we will do what is right in the Chair recognizes the gentleman from enemies’’: the Taliban, the United eyes of God and God’s people. Oregon (Mr. DEFAZIO) for 5 minutes. States, and the international commu- Mr. Speaker, last night on ABC, I Mr. DEFAZIO. Eight days until the so-called supercommittee is to report. nity. ‘‘If I had to choose sides today, was so touched to see GABRIELLE GIF- They’re limping toward failure; al- I’d choose the Taliban.’’ Yes, that’s the FORDS, one of our colleagues, making erratic leader our young men and such a strong effort to come back to though perhaps now they’ve found the women are dying for. the Congress. I wish her the very best way Washington always loves to do Just last month during a television in my heart, and I ask God to bless her things—let’s kick the can down the interview, President Karzai stated, ‘‘If and her husband. road. Let’s pretend we did it. Let’s say ever there’s a war between Pakistan Dear God, I ask You, please give wis- we’ll adopt some future tax measures and America, Afghanistan will side dom, strength, and courage to the in the next 12 months that will get us with Pakistan.’’ President of the United States, where to their rather modest goal of $1.2 tril- These are not the statements of a he will do what is right in the eyes of lion of deficit reduction over 10 years. leader for whom United States service- God. And God, please continue to bless I tell you what, the do-nothing option members should give life and limb. America. is starting to look a lot better. Now, On May 12 of this year, Lieutenant that’s something that Congress is real- Colonel Benjamin Palmer and Sergeant NOVEMBER 7, 2011. ly good at doing—nothing. President BARACK OBAMA, Kevin Balduf, both from my district, The White House, So what happens if we do nothing? Camp Lejeune and Cherry Point, were Washington, DC. Well, first you get the sequestration. in Afghanistan, with the sole purpose DEAR PRESIDENT OBAMA: It was with great There’s much gnashing of teeth about to train Afghan officers, when one of sadness that I learned that a senior military that. But Congress will have discretion

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.006 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7584 CONGRESSIONAL RECORD — HOUSE November 15, 2011 within accounts, within the Defense trillion of debt today, wouldn’t we be money in the hope that we increase ag- Department and elsewhere to find in a place to make the investments we gregate demand, or whether we do those cuts, which would be relatively need to put America back to work and what Republicans suggest, which is to modest over a 10-year period. But then not burdening our kids with a moun- cut everything and just have austerity, the better thing with the do-nothing tain of debt? Think about it. A bal- neither one of those solutions will real- option is if Congress really, really can anced budget amendment works both ly put America on the track that it do nothing and continues to do nothing ways. This one’s honest. It doesn’t say needs to be on. for the rest of this session, then all the supermajority for taxes. It doesn’t say The fact is that we need to invest in Bush tax cuts go away and that means supermajority for cuts. It says you fig- this country because as we look $4 trillion of additional revenues with a ure it out. You were elected, you figure around, this country, the land of oppor- little bit of shared sacrifice. It hits the it out. And do it in a way that both tunity, is not making the investments people at the top mostly, takes them builds a country with a sustainable that it needs to make in order to be the back to the Clinton-era rates of taxes. economy and gives us a financial fu- world leader in the years to come. We That’s without closing tax loops and ture that isn’t a huge burden to our need to invest in infrastructure, Mr. going through all that. Just let the kids. Speaker. Let’s start by talking about Bush tax cuts expire; that would take f greening America. We need to retrofit care of 40 percent of the deficit prob- old buildings. We need to invest in a lem over the next 10 years. Add in the CONGRATULATING WAYZATA smart grid. We need to invest in renew- sequestration from the failure of the GIRLS SOCCER CHAMPIONSHIP able energy—wind, solar, things that committee another 1.2, plus the 1.3 we The SPEAKER pro tempore. The will really help power our Nation and passed last summer, suddenly we’re up Chair recognizes the gentleman from make us less dependent not only on to 67–70 percent of the projected deficit. Minnesota (Mr. PAULSEN) for 5 min- foreign oil but oil altogether—fossil That’s pretty much what we need to do utes. fuels. We need to reduce that depend- around here. And you can do it in an Mr. PAULSEN. Mr. Speaker, I want ency. honest way, which is with revenues and to congratulate the Wayzata High We need to invest in transit and spending reductions. That’s how we School girls soccer team on winning roads and bridges. In my own City of balanced the budget in the 1990s. You this year’s Class 2A State champion- Minneapolis, we saw a bridge fall 65 can’t do it all with just stopping cuts. ship. This is a team that embodies the feet into the Mississippi River because Stop pretending that that’ll work. It philosophy of practice makes perfect. it had not been adequately maintained. won’t work. Every day throughout the season, this People think, oh, that’s Minneapolis’s Now, there’ll be much gnashing of team would practice penalty kicks just problem. If they think that, they’re teeth, particularly on Wall Street, in case a big game would depend on it. wrong. Bridges all over this country about oh, Congress can’t get things And when it came down to the cham- are in critically bad shape, and we need done, and we’re worried. And the pionship game, when regulation time to invest in making sure that they are crooks are the unindicted co-conspira- ran out, when overtime passed, 10 min- not only safe but are adequate for the tors at the ratings agencies. The same utes extra of overtime, the State title future; well fitted so that they can ac- people who rated designed-to-fail mort- would be decided by a penalty kick commodate transit and other sorts of gage collateralized debt obligations as shootout. In the end, it was Wayzata’s things that can move people around AAA-plus investments are now con- practice of the fundamentals that real- and not just be dependent upon cars. cerned about the government of the ly did pay off when Chelsey Ulrich We need to invest in a smart grid so we United States and how it conducts scored the game-winning goal in that use energy efficiently and we can itself in its honesty and dealing with shootout. power our society in efficient and im- these difficult problems. Well, you So congratulations to the student portant ways. know, maybe they should take a look athletes of Wayzata High School and But not only do we need to invest in at the do-nothing option, too. If the girls soccer team, as well as the infrastructure, we need to invest in our they’re really concerned about debt re- coaches, for being great student ath- people. We need to invest in skills duction, the do-nothing option is the letes and for a job well done. training. This should start, Mr. Speak- best. f er, with early childhood education. And then finally this week, Congress Any economist who studies this will INVESTING IN AMERICA will have a chance to vote on a bal- tell you, the investments you make in anced budget amendment, the same The SPEAKER pro tempore. The little kids, zero to six, pay off for a life- one that passed in 1995. Let’s think of Chair recognizes the gentleman from time. And yet we don’t have universal what the world would look like today if Minnesota (Mr. ELLISON) for 5 minutes. kindergarten or universal early edu- the one that passed the House in 1995 Mr. ELLISON. Mr. Speaker, in a few cation. We have millions of children had become the law of the land. We days our Congress will see the report- across this country whose young minds wouldn’t have had 10 years of Bush tax ing out of the work of the supercom- could be being developed by the age of cuts at a cost of $5 trillion of new debt mittee. This is a big deal, and it’s 3 or 4 or 5; and yet they’re not. They and no jobs. We wouldn’t have had the something that the American people, I are languishing at home and they are wars fought on the credit card. We pray, focus their attention on. It’s a being, in some cases, baby-sat by the would have had to vote every year be- big deal because it is true, and I say television or even worse. Some don’t cause we didn’t declare war, and under this as a proud liberal Member of this have adequate nutrition. Mr. Speaker, this balanced budget amendment if you Congress, that we do need to make sure we need to invest in the earliest, don’t declare war and you have an that we reduce our country’s long-term youngest Americans so they can have overseas emergency, you have to vote deficit. We need to do that because pro- success throughout a lifetime. every year on the spending. Maybe we grams I care about like Head Start, We need to do something imme- wouldn’t have spent those many hun- home heating oil for seniors, programs diately about the awesome debt burden dreds of billions and trillions of dol- that are going to help develop our that our young people in college are lars. human capital, get crowded out when shouldering. This has the potential, as And, finally, the prescription drug we say we just don’t have enough young people who are in their 20s and benefit designed to subsidize the phar- money. We do need to make sure that 30s should be buying houses, buying maceutical industry with borrowed we can live within the budget of this cars, should be saving for their retire- money and that gives seniors a donut country. ment, they’re paying back student hole, we wouldn’t have had that either. But the question is not what we are loans. This is going to have a long- Now, I have liberal friends over here going to cut, but what are we going to term negative effect on our economy, who say: Oh, we can’t have a balanced spend on. That’s the real question. The and we need to do something about it budget amendment. That would be hor- deeper question is what are we going to right now. rible. Well, just think, if those things invest in because the fact is, whether There are a lot more things to talk hadn’t happened and we didn’t have $14 we do only stimulus and spend a lot of about, but one of the things I don’t

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.008 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7585 want to leave off the table is that we you never have to say ‘‘no’’ is to deficit He added that the Afghan Govern- also need to reduce our military spend- spend. My friends, that has to end. It ment doesn’t properly appreciate the ing. I’m fully in favor of supporting our has to end this congressional session. enormous sacrifices Americans are veterans. I believe this is an important, Now, the balanced budget amend- making on Afghanistan’s behalf, espe- worthwhile investment for their ment is a simple one. It says, basically, cially at a time when we have major health, their education and for their we cannot spend more than our reve- economic challenges right here at welfare, but there are a number of mili- nues. That’s what most State constitu- home. tary armaments and machines that we tions have, that’s what the Nebraska And what was Major General Fuller’s simply don’t need. We don’t need to de- constitution has, and that’s what the reward for telling it like it is? What did pend on a nuclear arsenal, in my view. city charter for Omaha has. I spent 8 he get for expressing the frustration so We need to engage in international years on the Omaha city council. We many Americans feel? He was thrown agreements to cut the nuclear weap- had to have a balanced budget. You onry arsenal and inventory in the have to make tough decisions. I’ve immediately under the bus. He was world. been there when people have come and fired, relieved of his command by Gen- said, we need new water parks or we eral John Allen, who admonished Gen- b 1030 need something else. We on the city eral Fuller for ‘‘inappropriate public We need to make sure that we begin council, because we had to live by a comments.’’ An interesting choice of to shut down some of these bases we balanced budget, had to make a deci- words: ‘‘inappropriate public com- have all across the country—as many sion of raising taxes, cutting some- ments.’’ as 174 bases. Do we need this kind of where else, or saying ‘‘no.’’ Those are As Time magazine pointed out, the military footprint? I don’t think so. your only three options. implication there seems pretty clear: So, Mr. Speaker, let me just say that Well the time has come that Con- What Major General Fuller had the au- tomorrow we’re going to have a group gress needs the institutional barriers dacity to say out loud—that the Karzai of leading economists at 11 o’clock to to spending, and it’s the balanced budg- regime is feckless and corrupt—is what come together and offer their views et amendment. It will be the institu- most people secretly believe. Time cor- about the proper direction for pros- tionalized discipline that has been respondent Mark Thompson put it this perity for America. Tomorrow the Con- lacking here for decades. The time has way: ‘‘It is not a good sign when what gressional Progressive Caucus at 11 come to pass it. everyone is saying privately cannot be a.m. will convene, and we’ll have a I want to leave this one general stated publicly. In that case, only the number of great economists whom we point, both disappointing and hopeful. troops—the ones dying—and the tax- invite everybody to come listen to, in- There was an article in USA Today, payers—the people employing both cluding Jeffrey Sachs. I’ve run out of November 4 or so, 11, 12 days ago, Allen and Fuller—are kept willfully in time, Mr. Speaker, but I urge people to where it quoted the Democratic leader- the dark.’’ The writer Christopher attend tomorrow The Way Forward for ship saying to their own people, kill Hitchens put it even more bluntly, say- America. the balanced budget amendment. They ing that to silence Fuller ‘‘is to estab- f want to preserve the right to deficit lish a stupid culture of denial in the DEBTOR NATION spend our future away at $1.5 trillion ranks.’’ per year. Fortunately, as we have The SPEAKER pro tempore. The heard from one Democratic Member, Throughout this decade, Mr. Speak- Chair recognizes the gentleman from he’s not following the Democratic leader, this decade that we’ve been at war, Nebraska (Mr. TERRY) for 5 minutes. ership’s orders here. I hope that we will the failure of our government to level Mr. TERRY. ‘‘It is the debtor that is get enough of our Democratic friends with us has been a persistent problem. ruined by hard times.’’ That was said who believe in fiscal discipline to join by our 19th President, Rutherford B. us. It takes two-thirds of both the b 1040 Hayes. It is a timely and insightful House and the Senate to do that. It comment. will be a close vote. So on something as Whether it’s the phony weapons of The United States now is the debtor. simple as saying that our expenditures mass destruction in Iraq or prisoner We are $15 trillion in debt, rising at a can’t exceed our revenues, I ask for all abuse and torture or just the refusal to yearly clip of $1.5 trillion with really of my colleagues’ support. let soldiers’ coffins be photographed— no institutional control to stop that. that was during the Bush administra- f Yes, we’re in hard times—9 percent- tion—over and over again the Amer- plus unemployment for 3 years TRUTH-TELLING ABOUT THE WAR ican people have been fed a steady diet straight. A report the other day said IN AFGHANISTAN: A FIREABLE of misleading spin and outright lies. the real unemployment rate from those OFFENSE But the people who are paying for this that have just given up is probably The SPEAKER pro tempore. The war in blood and treasure deserve much closer to 15 percent—16 million to 20 Chair recognizes the gentlewoman from better. They are tired of propaganda. million Americans. Our savings, de- California (Ms. WOOLSEY) for 5 min- They are owed an honest accounting of creasing, mostly because of the dollars utes. what’s going on, what obstacles we that are going towards buying bonds or Ms. WOOLSEY. Mr. Speaker, some- face, and what kind of progress we’re selling bonds to China. times it seems like the surest way to making—or not making. Now, before us this week, though, is get in the most trouble is to tell the Major General Fuller had enough re- probably one of the most important truth about the war in Afghanistan. spect for the American people to tell votes that this Congress will take this Witness the case of Major General them the truth. By refusing to dish out year, and that is to pass an amendment Peter Fuller, whom Congressman WAL- the same phony platitudes, he may to our Constitution forcing this body TER JONES just talked about. General have lost his job, but he maintained his to balance its budget. Now I know it’s Fuller was one of our troop com- integrity. If the continued rationale for stunning to many people that our Con- manders in Afghanistan until he de- this war is built on a lie that no one stitution didn’t have that. There were cided to speak his mind. After Presi- lots of fail-safes built into our Con- dent Karzai made the outrageous state- must expose, then surely that’s a sign stitution, and I think that our Found- ment that he would back Pakistan in a that this mission is beyond repair. ing Fathers never thought that deficit war against the United States, Major The real solution is not to cover up spending other than at a time of war General Fuller delivered a colorful and everything that’s going horribly wrong would ever occur in our country, but it candid on-the-record reply. He said, in Afghanistan. The solution is to re- has, and it’s become the norm. ‘‘Why don’t you just poke me in the capture our integrity as a nation and Why has it become the norm in Con- eye with a needle?’’ He said this of end this war once and for all, not in gress? Simply answered, because you President Karzai, whom he also de- 2014, not at some uncertain date in the can. There’s nothing to stop it. The scribed as erratic and ‘‘isolated from future—now. It’s time now to bring our easiest way, the most political way so reality.’’ troops home.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.009 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7586 CONGRESSIONAL RECORD — HOUSE November 15, 2011 APPROVING KEYSTONE PIPELINE on ‘‘track legislation’’ for them to see single increase of funding for the Vet- WILL CREATE JOBS AND BOOST the evidence of what Republicans are erans Administration in history. AMERICAN ENERGY INDEPEND- promoting in the House of Representa- However, there is a growing crisis ENCE tives that is being stopped in the Sen- among our veterans. And I want to call The SPEAKER pro tempore. The ate. Yes, there is a do-nothing part of attention to the troubling unemploy- Chair recognizes the gentlewoman from the Congress, Mr. Obama, but that is in ment rate for post-9/11 veterans, which, North Carolina (Ms. FOXX) for 5 min- the Senate, which is controlled by the at 12.4 percent, is one-third higher than utes. Democrats. the national average. And as the troops Ms. FOXX. Mr. Speaker, President So again, I want to urge Americans currently stationed in Iraq and Afghan- Obama has been going around the to go to jobs.gop.gov and click on istan begin coming home, it will only country saying that he is taking action ‘‘track legislation.’’ Republicans have get worse. through Executive order because ‘‘we the will to help create jobs in this These are America’s heroes, men and can’t wait’’ on the Congress. However, country through empowering small women who risk their lives to protect he has just said that he is going to put businesses and reducing government our families. Congress repeatedly the largest job-creating project in barriers to job creation, fixing the Tax comes together in a bipartisan fashion America on ice. Code, boosting competitiveness, en- to support our troops overseas. Ensur- When it comes to creating jobs and couraging entrepreneurship, maxi- ing that our troops have the equipment providing additional resources for en- mizing American energy production, and personnel they need to accomplish ergy, the President can wait. In fact, and paying down America’s their mission has been a priority, but he’s putting the Keystone pipeline off unsustainable debt burden and starting it can’t be the only priority. It is long until after the 2012 election. That is to live within our means. past time that we show the same com- nonsense and hypocritical. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE mitment to our veterans when they This pipeline will not only create The SPEAKER pro tempore. Mem- come home. tens of thousands of jobs, it will also bers are reminded to address their re- More than one in nine veterans who help to dramatically reduce our de- marks to the Chair. left the service in the past decade is currently unemployed. Jobs have to be pendence on oil from despotic Middle f Eastern petrostates. By blocking and our top priority. We’ve got to move be- HONORING OUR NATION’S delaying this important project, the yond lip service. If we really want to VETERANS Obama administration is standing help our veterans, hire them. squarely in the way of economic The SPEAKER pro tempore. The The President’s American Jobs Act growth and energy independence. Chair recognizes the gentleman from recognizes the overarching need to cre- It’s time to get serious about approv- Virginia (Mr. CONNOLLY) for 5 minutes. ate jobs. Our economy cannot fully re- ing this pipeline. It has broad support, Mr. CONNOLLY of Virginia. Mr. cover while so many Americans are un- and its builders have demonstrated a Speaker, this past Friday was Veterans able to find work. The American Jobs strong willingness to do what it takes Day, the day we set aside to honor and Act provides incentives for companies, to reduce potential environmental im- remember the service of our Nation’s large and small, to hire additional pact, even going so far as to propose veterans. I know that most of my col- workers, and it cuts taxes on every changing its route. leagues attended veterans events working American in order to further Mr. Speaker, this project makes throughout their districts. I was proud spur economic demand. sense for our economy and for our na- to be at the American Freedom Fes- Most importantly, the American tional security and energy independ- tival, honoring our veterans, at a jobs Jobs Act provides additional incentives ence. It’s long past time the Obama ad- fair and a mega-concert at George to companies when they hire veterans. ministration stopped blocking its Mason University. The Returning Heroes Tax Credit cuts progress, because the American people Although Veterans Day originally taxes for businesses that hire unem- can’t wait on this issue. honored those who fought in World War ployed veterans. The Wounded War- But the President again seems obliv- I, in 1954 it was expanded to include the riors Tax Credit offers even greater tax ious to the fact that we have a real un- remembrance of all veterans. And, in- cuts to businesses who hire unem- employment rate of approximately 26 deed, every veteran deserves such ployed veterans with service-connected million people. I want to read some in- honor. They all chose to risk their disabilities. These dedicated men and formation put out by the Republican lives to protect us. They bravely an- women aren’t looking for a handout; Conference this morning. swered the call of their Nation. But, they’re looking for an opportunity. ‘‘According to the Bureau of Labor sadly, too many died in defense of our And the Senate has already acted on a Statistics, the number of Americans freedom. Of course, such noble service number of these proposals by the Presi- who are either unemployed, under- would not be possible without the un- dent. employed, or not searching because wavering support of their families. I call on my colleagues to remember they’ve been discouraged by the job America is safer because of our vet- that recognizing and honoring the sac- market has reached 26 million people. erans, from those who served overseas rifices of our veterans doesn’t stop In October, nearly 14 million workers to those stationed here at home. We when they leave the service. They need were unemployed, with an additional properly award medals for individual jobs, and they need them now. 8.9 million working part time because heroic actions, but it is their daily f they could not find full-time work. dedication, courage, and valor that b 1050 There were also 2.5 million workers makes each and every one of them an who were available for work but had American hero. THE NATIONAL RIGHT-TO-CARRY stopped actively searching because of There are more than 21 million vet- RECIPROCITY ACT the economic conditions. All told, over erans in the United States—73,000 in The SPEAKER pro tempore. The 16 percent of the U.S. workforce is now my district, the 11th District of Vir- Chair recognizes the gentleman from unemployed or underemployed.’’ And ginia, alone. We celebrate their com- Mississippi (Mr. NUNNELEE) for 5 min- yet the President won’t make a deci- mitment and their sacrifice, from the utes. sion on the Keystone pipeline that Revolutionary War to the Iraq war. Mr. NUNNELEE. Mr. Speaker, the would create tens of thousands of jobs. But our remembrance must not end right of the people to keep and bear Republicans, though, have taken ac- simply by honoring their past service. arms shall not be infringed. The Sec- tion. We have over 20 bills sitting in Upon leaving the military, many vet- ond Amendment is one of the corner- the Senate, introduced by Republicans erans face significant challenges here stones of our liberty. That’s why this but passed by a bipartisan House ma- at home. Although more must be done, morning I rise in support of H.R. 822, jority, and these will all create jobs in the issue of providing care to our the National Right-to-Carry Reci- this country. wounded veterans has been well docu- procity Act. Mr. Speaker, I urge the American mented. I was pleased to join many of In Mississippi, approximately 45,000 people to go to jobs.gop.gov and click my colleagues to support the largest people have concealed carry permits.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.011 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7587 Now, those individuals in Mississippi cans were willing to stand up and be other, the alleged perpetrator in this that have a driver’s license issued by counted. And I’d hope the Iraqis would Penn State fiasco. But I will say that our State can drive into Alabama or allow a fair contract to go forward. this is a disgrace. I will be introducing Tennessee or, for that matter, they can It seems that every time America’s legislation to have zero tolerance for drive into Montana or Maine and their involved in helping the Iraqi people sexual abuse of children and to stop driver’s license is recognized as being through the Iraqi Government there’s any Federal funds going to anyone, any valid. always a negative response. Some of us entity, any State that has a situation H.R. 822 applies that same principle are a little tired of that. where children are sexually abused. to people with their concealed carry Mr. Speaker, I rise particularly today Mr. Speaker, it is a disgrace, and the permits. This legislation does not re- to talk about our children. As the co- Federal Government must stand up quire or authorize action by any Fed- chair and founder of the Congressional against it. I, for one, am going to do so. eral agency. New rules or regulations Children’s Caucus, I noted already the Enough is enough. We have to protect won’t be needed to implement H.R. 822. disaster that children are experiencing. our children. It doesn’t override any State or local In my own home State, food stamps hit ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE law. A concealed carry permit holder a record in Texas. We know that Gov- The SPEAKER pro tempore. Mem- would still be required to comply with ernor Perry is running for President, bers are reminded to address their re- the laws of the State he or she is in. but in his home State we’re facing a marks to the Chair. I support the National Right-to- crisis with the number of people on f food stamps. Carry Reciprocity Act because it ex- GOVERNMENT MONEY ISN’T FREE pands freedom for law-abiding gun We’re also facing a crisis because the owners, while respecting each State’s policy agency for education, the Texas The SPEAKER pro tempore. The right to set its own laws. Education Agency, is deciding to go Chair recognizes the gentleman from Nevada (Mr. HECK) for 5 minutes. f throughout the State of Texas and to save money on education by closing Mr. HECK. Mr. Speaker, Washington PROTECTING OUR CHILDREN school districts, small school districts seems to have forgotten that govern- The SPEAKER pro tempore. The in particular. They’re too fearful of ment money isn’t free, and it is the Chair recognizes the gentlewoman from closing the big ones. And I represent American taxpayers who support its Texas (Ms. JACKSON LEE) for 5 minutes. many of them, and I love them all and spending habit. Simply put, the Fed- Ms. JACKSON LEE of Texas. Before I bring money to them and encourage eral Government doesn’t respect your talk about my topic of protecting our them to educate their children. But hard work, your discipline, your sac- children, I want to acknowledge, first there’s something about school dis- rifice or your unwavering commitment to self-reliance. We must change that. of all, the coming Thanksgiving and tricts that are too big to fail. The time to force accountability, the many people who are impoverished But the North Forest Independent leadership and respect is long past due, in this Nation that we need to pay at- School District, where hundreds of and the balanced budget amendment to tention to and, particularly, our chil- community leaders and children and the Constitution may be the only solu- dren, which is the largest percentage of parents and teachers came out on Sun- tion. A balanced budget amendment those impoverished are children in the day to stand up against a so-called rev- would force Washington politicians to United States. ocation notice that would close down exercise necessary fiscal restraint and For that reason, I think it is impor- this school district that has all the better judgment when debating where tant that as we begin this discussion on need to survive, 7,500 students, a high and how to spend American taxpayer the supercommittee and its responsi- school that they are putting together dollars. bility, that we look at the responsi- and repairing and getting children to The days of borrowing money and bility to the American people. And if learn, 1,200 students in this high passing the debt on to our families and we cannot fairly bring in revenue and school; middle schools, elementary small businesses would be over, and balance the cuts on the most vulner- schools, a preschool that is renowned Washington would be forced to live able, we should go to regular order. and respected by all. within its means, just like you and I. Let me also welcome our troops that But the TEA wants to cut the budget The government should be doing a will be coming home. And I will be ini- and save its own neck by cutting small few things very well, instead of a lot of tiating in Houston an idea that every school districts. And so my plea to my things poorly. It should help give peo- single school will have a welcome home Governor, Governor Perry, join with ple peace of mind. But its insatiable troops all over the community, and not me and the many citizens that you rep- appetite for spending does exactly the one tree will be left undressed, if you resent, and stand against the TEA to opposite. Our small businesses face un- will, to make sure that none of our sol- close a majority minority school dis- certainty created by a government diers walk down any block in a lonely trict, the last remaining majority mi- that funds its misadventures with bor- way and not know that they are wel- nority school district with great his- rowed money and higher taxes. comed and loved. tory in the North Forest Independent Washington’s spending habit will rot Thirdly, I’d like to say that as they School District community, taxing our economic foundation to the core are coming home, are we preparing to themselves to ensure that their chil- and destroy the American Dream as we use their many talents that they have dren have more resources, and are know it. The government can’t spend learned, particularly those who under- joined with the Houston Community its way out of a recession, but it can stand homeland security, putting them College System so that their children help create an environment of con- to work for the Homeland Security De- are getting college preparatory credits. fidence and predictability that Amer- partment. They want to live. They want to sur- ica’s job creators, work force and fami- I also want to create jobs. And one of vive. Don’t belt tighten and save your lies are seeking. my constituents is ExxonMobil, who necks and your jobs on the backs of our President Barack Obama has said has struck a contract with the Kurds children. Don’t disregard and discrimi- that the Nation needs a balanced ap- dealing with oil and gas in Iraq. Lo and nate against small school districts proach when addressing Washington’s behold, the very country that we’ve which are all over America on behalf of unsustainable spending. But one only shed blood for, no matter whether you large school districts. has to ask, what’s more balanced than were green energy or for or against fos- And Governor Perry, I think we can a balanced budget amendment? Forty- sil fuel, it is about jobs and about work work together. As we worked together nine of 50 States have balanced budget here in the United States. against the Confederate flag license requirements, and a CNN poll shows The audacity of the Iraqi Govern- plate, we can work together on this that 74 percent of the American people ment to suggest they want to intrude matter. support a balanced budget amendment. on that contract and to have a say on Let me close by focusing on an issue This is not a partisan fight. This is a that contract, well, when lives were that has taken this country by storm. commonsense solution to an undeni- lost, American lives were lost, they And as I read the indictment I don’t able problem that is plaguing our econ- didn’t have too much of a say. Ameri- want to point out one name versus an- omy.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.013 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7588 CONGRESSIONAL RECORD — HOUSE November 15, 2011 b 1100 Colonel Robertson routinely touched BALANCED BUDGET AMENDMENT Still there are those who oppose a them without permission on their The SPEAKER pro tempore. The balanced budget amendment because breasts, thighs, and buttocks, and en- Chair recognizes the gentleman from they believe Washington ought to be couraged them to look at pornography Georgia (Mr. WOODALL) for 5 minutes. able to hold the line on spending. I on his computer. Some testified the Mr. WOODALL. Mr. Speaker, thank wish we could trust that to happen, but harassment occurred daily. Sadly, the you very much. I appreciate the time. over the last decade, both parties have military careers of these eight women I’m coming to the floor today with spent taxpayer dollars at unsustainable who bravely did the right thing are al- joy in my heart, and candidly I would levels. It is time to change direction most assuredly destroyed. like to come to the floor every day Mr. and move forward with an approach A major who filed a claim against Speaker, but I don’t always get to. But that will rescue our economy with real Robertson said, ‘‘I don’t know if my ca- today, I’m here because we’re voting on and lasting results. reer was in jeopardy for doing the right a balanced budget amendment this With America’s total debt exceeding thing. Who in the corps who supported week. The first time in 15 years. the gross domestic product for the first you is going to trust you in the fu- Now, I’m a freshman in this House, time since World War II, we cannot af- ture?’’ Mr. Speaker. I’ve been watching the ford to make this issue about politics. Despite repeated warnings, Colonel process for a long time, but I’ve only It must be about saving our economy Robertson also emailed pornography to had a voting card for 10 months. And I and securing the future of our country friends and female subordinates. A came to this Congress to do the big for our children and our grandchildren. lieutenant colonel who was the chief things, not to argue about the petty The debate in Washington comes nurse under Robertson’s command said things. And I tell folks, Mr. Speaker, down to this: Should we hold the gov- his command split the staff and created that very rarely are we arguing about ernment accountable or not? We must a toxic environment. the petty things, that there’s a con- What makes the defense’s answer to seize this opportunity to change Wash- stituent focus to absolutely everything all of these actions? That all of these ington’s culture of deficit spending. We that we do. But the big things. The big jokes and the touchings were attempts must pass a balanced budget amend- things that change the direction of this to boost morale. How much more out- ment. country that ensure that this experi- rageous must the excuses become be- ment in democracy, that our Republic, f fore we do something about it? survives for another generation. SEXUAL ASSAULT IN THE So what is the punishment for some- Fifteen trillion dollars in debt, Mr. MILITARY one in the military convicted of 14 Speaker. counts of assaulting and harassing his Do you remember, Mr. Speaker, you The SPEAKER pro tempore. The subordinates who he was assigned to don’t have the gray hair that I do, but Chair recognizes the gentlewoman from protect? Is he sent to prison for being back in the days of Ronald Reagan we California (Ms. SPEIER) for 5 minutes. a predator? Is he stripped of his stand- were running $200 billion and $300 bil- Ms. SPEIER. I rise again today to ing the military? Oh, no. Colonel Rob- lion annual deficits. And folks thought draw attention to the epidemic in our ertson was ordered to pay a $30,000 fine the world might be coming to the end. military of rape and sexual assault. over 3 months and spend 3 months in Now, it put the Soviet Union out of Nineteen thousand women and men prison. Colonel Robertson will retire business, but it was big money. Who’d each year are raped or sexually as- from the Army when he finishes his of thought we would come to a day saulted in the military. Shockingly, al- sentence. His conviction won’t affect where we’re actually running $1.4 tril- most one-third of female veterans of his Army retirement or his Federal lion, $1.5 trillion, $1.6 trillion deficits all generations say they have been sex- health insurance, and he will not be re- every year? ually assaulted or raped while in the quired to register as a sex offender. Mr. Speaker, as you know, in the military, and more than 70 percent say It doesn’t take a military expert or a people’s House where the people’s will they experienced sexual harassment psychologist to figure out that sexual gets done, we have choices here. In my while serving. assault and harassment hurts not only district, for example, folks want to tax In 2008 the Department of Veterans the individual victim but undermines less and spend less. I hear it every day. Affairs reported a total of 48,106 female unit cohesion, morale, and overall ef- Rob, tax less and spend less. I’m sure veterans and 43,693 male veterans fectiveness. I’ve got some colleagues on the other screened positively for military sexual The absolute failure to address this side of the aisle whose constituencies trauma. behavior is hurting our military. Like want to tax more and spend more. The prosecution rate of sexual as- Colonel Robertson, the majority of as- That is a legitimate debate for us to sault is alarmingly low. Only 8 percent sailants are older and of higher rank have in this House. We should have it. of sexual assailants were referred to than their victims. They abuse not But we ought to be able to agree that courts-martial or military court com- only their authority but also the trust spending money we don’t have harms pared with 40 percent of similar offend- of those they are responsible for pro- the future of this Republic. That spend- ers in the civilian system. This trav- tecting. ing money we don’t have mortgages esty is not being addressed, and I will The current military structure serves the future of everyone under the age of continue to speak out on this floor as a safe haven for sexual predators. 20 and threatens the security of every- until it is. Survivors can email me at They either are never brought to jus- one over the age of 60. [email protected] if tice at all, or they receive a sentence A balanced budget amendment is one they would like to speak out. like Colonel Robertson’s that doesn’t of those things that we can agree on, Today, I would like to tell the story come close to matching their crime. one of those issues that is not Repub- of one of the 8 percent that were pros- That’s why this week I’ll be intro- lican, it’s not Democrat, it’s not con- ecuted, the story of Colonel Michael ducing a bill that would fundamentally servative, it’s not liberal—it is Amer- Robertson, who commanded Fort Bliss’ change how sexual assaults are handled ican. 31st Combat Support Hospital at Camp in the military. My bill will take the Thomas Jefferson said if he could Dwyer, a military base and airfield in prosecution, the reporting, the over- have added but one amendment to the the Helmand River Valley in Afghani- sight, the investigation, and the victim Constitution, it would have been one to stan. care of sexual assaults out of the hands abolish the power of the government to Last week, Colonel Robertson was of the normal chain of command and borrow, because with that one amend- convicted by a military judge of 14 place the jurisdiction in the hands of ment alone, he would be certain of the charges, including having pornography an impartial office staffed by experts, security of these United States. on his government computer, sexually both military and civilian. Mr. Speaker, that chance is here with harassing three women, and assaulting I’ve become painfully aware that if us this week for the first time in 15 five women. Eight women that served DOD continues to address this issue at years. under his command testified at great its current pace, the epidemic of mili- Now, I confess when I came to Con- cost to their careers and their privacy. tary assault will never end. gress, Mr. Speaker, I didn’t expect to

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.015 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7589 have to vote for a balanced budget. I PRAYER Captain Goetz leaves behind three just thought we were going to be able The Chaplain, the Reverend Patrick sons—Landon, Caleb, and Joel—and his to do the right thing and balance the J. Conroy, offered the following prayer: loving and devoted wife, Christy. Captain Goetz will always be remem- budget on our own. I thought that’s the Loving and gracious God, we give bered by his family and friends who job of the Congress. Do what you’re You thanks for giving us another day. survive him and by his fellow soldiers supposed to do. Do what’s right. Why Help us this day to draw closer to for whom he gave so much. They will do you need an amendment to the Con- You, so that with Your spirit, and remember his love of country, his brav- stitution to do what’s right? Mr. aware of Your presence among us, we ery under fire, his devotion to others, Speaker, it turned out to be a bigger may all face the tasks of this day. and, most of all, a heart fully com- job than I anticipated. The disagree- Bless the Members of the people’s mitted to the Lord and Savior he ments turned out to be more funda- House. Help them to think clearly, mental than I anticipated, and the deserved and loved so fully. speak confidently, and act coura- ‘‘Greater love has no one than this, sire of constituents back home turned geously in the belief that all noble out to be more complicated than I an- that one lay down his life for his service is based upon patience, truth, friends.’’ ticipated. This is our opportunity, and love. though. May these decisive days through f I have a copy of the Constitution which we are living make them gen- VOTING RIGHTS that we have here. It’s right behind my uine enough to maintain their integ- (Ms. CHU asked and was given per- job creators card. And I keep it behind rity, great enough to be humble, and mission to address the House for 1 the job creators card because balancing good enough to keep their faith, always minute.) the budget in this country has every- regarding public office as a sacred Ms. CHU. There was a time when thing to do with preserving economic trust. Give them the wisdom and the women and minorities could not vote opportunity in this country and every- courage to fail not their fellow citizens in this country. People were jailed and thing to do with growing our economy nor You. even killed for the right to vote. But in the generation to come. My copy of May all that is done this day be for because people fought back, every U.S. the Constitution has a little space Your greater honor and glory. citizen gained the right to vote—that right there after amendment number Amen. is, up until now. 27. A space right here, Mr. Speaker, This year, an unprecedented 42 bills f where we can put amendment number were introduced in various States to 28 today and ensure that our Republic THE JOURNAL deprive you of that right. States have survives for another generation. The SPEAKER. The Chair has exam- passed voter ID laws that would stop 21 You see what’s going on in Europe. ined the Journal of the last day’s pro- million legal U.S. citizens from voting, There but for the grace of God go we. ceedings and announces to the House including your grandmother who was This is our opportunity. It is not a di- his approval thereof. born in this country and lived here for visive issue. Pursuant to clause 1, rule I, the Jour- 82 years. Why? Because she no longer drives and doesn’t have a picture ID. 1110 nal stands approved. b These laws would stop early voting It is not an issue that divides north f and voting by mail, so that if you know or south, east or west, Republicans or PLEDGE OF ALLEGIANCE you have to travel out of town or have Democrats. It is an issue that unites The SPEAKER. Will the gentle- an operation on Election Day, you America. It was a huge bipartisan vote would be deprived of casting your vote. woman from Ohio (Ms. FUDGE) come in 1995, and it will be a huge bipartisan This threatens the very basis of our de- vote today. forward and lead the House in the Pledge of Allegiance. mocracy. I hope your telephone lines, Mr. We must work together to protect Ms. FUDGE led the Pledge of Alle- Speaker, are ringing as are mine. If every American’s right to vote. giance as follows: not, why not, Mr. Speaker? Why hasn’t f everyone in your district called to say, I pledge allegiance to the Flag of the Please support the balanced budget United States of America, and to the Repub- CONGRESS MUST PASS BALANCED lic for which it stands, one nation under God, BUDGET AMENDMENT amendment? Why, Mr. Speaker, hasn’t indivisible, with liberty and justice for all. everyone in my district called to say, (Mr. WILSON of South Carolina Please support the balanced budget f asked and was given permission to ad- amendment? ANNOUNCEMENT BY THE SPEAKER dress the House for 1 minute and to revise and extend his remarks.) Raise taxes, lower taxes; cut spend- The SPEAKER. The Chair will entering, raise spending—that’s an Amer- Mr. WILSON of South Carolina. tain up to 15 requests for 1-minute Madam Speaker, on Friday, Congress ican decision that we get to decide, but speeches on each side of the aisle. borrowing and putting off those tough will have the opportunity to vote on decisions to another day is immoral. f the balanced budget amendment. This legislation will limit Congress from We have a chance this week to change HONORING CAPTAIN DALE GOETZ that. spending more than it receives in reve- (Mr. LAMBORN asked and was given nues unless both the House and Senate f permission to address the House for 1 agree with a three-fifths vote. minute.) Under the current President, the na- RECESS Mr. LAMBORN. Mr. Speaker, I rise tional debt has increased at 34 percent The SPEAKER pro tempore. Pursu- today in honor of Captain Dale Goetz, and grown to almost $15 trillion. With ant to clause 12(a) of rule I, the Chair who was killed in Afghanistan by the the Federal Government borrowing 42 declares the House in recess until noon enemy on August 30, 2010, in service to cents for every dollar it spends, it is today. his country and his God. Captain past time to take action fulfilling the Accordingly (at 11 o’clock and 10 Goetz, you see, was a chaplain and Bap- first bill, introduced by my prede- minutes a.m.), the House stood in re- tist minister. The last time the Army cessor, the late Chairman Floyd cess until noon. lost a chaplain in combat was in 1970 at Spence, for a balanced budget amend- f the height of the Vietnam War. ment. The picture by me shows the memo- The passage of the balanced budget b 1200 rial service at Fort Carson, Colorado, amendment will help grow the econ- for Captain Goetz and other brave sol- omy and create jobs. I hope both par- AFTER RECESS diers who made the ultimate sacrifice. ties will come together and pass the The recess having expired, the House If you look closely, you will see that in balanced budget amendment, which was called to order by the Speaker at place of a rifle there is a cross. Chap- will put America back to work and pro- noon. lains, you see, are unarmed. mote small business job creation.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.016 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7590 CONGRESSIONAL RECORD — HOUSE November 15, 2011 In conclusion, God bless our troops, and seven grandchildren. Mr. Rooney budget amendment, something this and we will never forget September the remains committed to his profession, body will be voting on later this week, 11th in the global war on terrorism. and his contribution to health care in of which also I strongly support. f Arkansas and his community is im- Small business knows, as I do, that measurable. the way that we get our economy mov- IRAN I want to say happy retirement after ing again is by shrinking the size of (Mr. QUIGLEY asked and was given several, several years—decades—of government, bringing confidence back permission to address the House for 1 service. Mr. Rooney, we appreciate to job creators, and getting Wash- minute.) your service. ington bureaucrats off the backs of our Mr. QUIGLEY. Madam Speaker, if f Nation’s small businesses. We’re work- anyone had any doubt that Iran was ing hard to do just that with the for- pursuing a nuclear weapon, they can THE STOCK ACT gotten 20 bills that are now sitting stop their questioning. Iran is pursuing (Mr. WALZ of Minnesota asked and over in the Senate, and I look forward nuclear weapons, and according to a was given permission to address the to continuing their fight. new report by the International Atom- House for 1 minute and to revise and I also want to take this opportunity ic Energy Agency, they could have a extend his remarks.) to say happy birthday to Christy and bomb within a year. Mr. WALZ of Minnesota. Madam Kaden. I wish I were home with you Iran is not only developing the mate- Speaker, I rise today to urge—no, to today. rial for a nuclear weapon, but, as the implore—my colleagues to support the f report makes clear, they are also pur- STOCK Act and ask Speaker BOEHNER suing the means to trigger and deliver to bring this bill to the floor imme- THE AMERICAN JOBS ACT a nuclear bomb, posing a threat to our diately. (Mr. BACA asked and was given per- ally Israel, our troops, and the entire On Sunday night, the CBS news pro- mission to address the House for 1 region. gram ‘‘60 Minutes’’ highlighted a prob- minute.) Given the report’s findings, claims by lem of potential insider trading on Cap- Mr. BACA. Madam Speaker, the pov- Iran’s leaders that their nuclear pro- itol Hill. Unlike other Americans, erty rate in California and the Inland gram is peaceful are no longer credible, Members of Congress and their staffs Empire has risen from 11 percent to 17 and the window for action to stop them are not held legally responsible for percent. My constituents are hurting is shrinking. We must execute crip- profiting from nonpublic information and it’s time for Congress to live up to pling sanctions immediately. Specifi- they gain in their official positions. its responsibility. cally, we must put in place debilitating It’s outrageous. When I came to Con- But in the 45 weeks since the Repub- sanctions on the Central Bank of Iran, gress several years ago, I couldn’t be- licans took control of the House, they a crucial financier of Iran’s nuclear lieve it wasn’t already a law. have failed to pass a single bill that program. At a time when Americans are under- creates jobs for the American people. There can being no doubt that Iran is standably frustrated with bickering The American Jobs Act contains bipar- pursuing a nuclear bomb. There can be and gridlock here in Congress, the one tisan ideas, keeps our teachers, fire- no doubt that we must and will do thing we can do is restore their trust in fighters and cops on the jobs, provides what it takes to stop them. the system. This legislation is a big tax cuts to help small businesses grow f step in that direction of restoring that and hire more workers, helps to rebuild HONORING RON ROONEY FOR trust. It’s very simple. It asks that if our crumbling roads, bridges and air- SERVICE TO MEDICAL COMMUNITY you are a Member of Congress and reports, puts more of our veterans who ceive information, you cannot trade (Mr. CRAWFORD asked and was are returning troops back to work. stocks to profit from those. given permission to address the House This is a balanced approach to help It’s a simple bill. I ask Speaker for 1 minute.) fix the American jobs crisis. It’s long BOEHNER to allow this bill to come to Mr. CRAWFORD. Madam Speaker, past overdue. We need to bring it up for the floor. Let’s make sure that the I’d like to take this time to honor a a vote. The 14 million Americans look- American people—may differ with us constituent from my district, Mr. Ron ing for a job can’t wait any longer. on ideas, and healthy debate is fine, Rooney. Mr. Rooney is president and They need a job. but they must not believe the system CEO of the Arkansas Methodist Med- Let’s act now. Let’s pass the Jobs is corrupt and people are gaming the ical Center in Paragould, Arkansas. Act. system. The Arkansas Methodist Medical Cen- I ask that this be brought to the f ter has provided Arkansans with the floor, and I encourage my colleagues to highest quality medical care available BALANCED BUDGET AMENDMENT vote for it. for over 60 years and has continued to (Mr. BERG asked and was given per- raise their standard of service under f mission to address the House for 1 Mr. Rooney’s leadership. b 1210 minute and to revise and extend his re- Mr. Rooney graduated from George marks.) Washington University with a master SURVEY SHOWS SMALL BUSINESS Mr. BERG. Madam Speaker, 15 years of business and health care administra- CONCERNED ABOUT BIG GOVERN- ago a balanced budget amendment tion and has used his expertise in MENT, OUT-OF-CONTROL SPEND- failed by a single vote in the Senate. health care to benefit his community ING Since then, our debt has tripled, large- for the past 40 years. (Mr. HULTGREN asked and was ly due to President Obama’s increased In addition to his duties as president given permission to address the House spending. In fact, it took our Nation and CEO, Mr. Rooney remains active in for 1 minute.) over 200 years to accumulate the same the health care community nationwide. Mr. HULTGREN. Madam Speaker, amount of debt as we’ve accumulated As a member of the board of directors last week I saw the results of a survey in the last 21⁄2 years. of VHA, Mr. Rooney helps provide best of the businesses from the National In North Dakota we know that you practices for nonprofit hospitals Federation of Independent Business. I can’t do the same thing over and over throughout the United States. He pre- want you to hear some of the concerns again and expect different results. This viously served as chairman of the Ar- of the small businesses of the 14th Con- week, Congress has the opportunity to kansas Hospital Association and re- gressional District of Illinois. get it right. mains active on the organization’s gov- Eighty-eight percent of the small In North Dakota we balance our ernmental relations committee. businesses support repeal of budget. We work to leave that next As the son of a doctor, Ron Rooney ObamaCare, something we’ve been generation better off. Washington has been surrounded by health care his working hard to achieve here in the could learn a lot from North Dakota, entire life. He has raised his own fam- House of Representatives. Ninety per- and that’s why I will proudly vote for a ily with his wife, Lois, his four children cent support passage of a balanced balanced budget amendment this week.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.019 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7591 ROSA PARKS DAY Let’s build the wall around the Fed- ers, adults and students be brought to (Ms. FUDGE asked and was given eral checkbook, and let’s pass this sim- justice for this brutal murder? permission to address the House for 1 ple budget amendment. The Egyptian military must bring minute and to revise and extend her re- f the perpetrators to justice. Otherwise, their tacit approval of this act will marks.) REBUILDING OUR only bring further violence and blood- Ms. FUDGE. Madam Speaker, I rise INFRASTRUCTURE today to applaud the State of Ohio as shed. (Mr. SIRES asked and was given per- the first State to pass legislation desig- f nating December 1 as Rosa Parks Day. mission to address the House for 1 APEC House Bill 421, introduced in 2005 by minute.) then State Representative Joyce Mr. SIRES. Madam Speaker, I rise (Ms. HANABUSA asked and was Beatty, who is with us today, honors today to bring attention to the great given permission to address the House the life and legacy of the mother of the need to update our Nation’s infrastruc- for 1 minute.) Civil Rights Movement. ture and, in particular, bridges. Bridges Ms. HANABUSA. Madam Speaker, Ohio continues to honor Rosa Parks play a vital role in moving people and my home State of Hawaii just hosted with an annual statewide tribute on goods, and far too many of our bridges an APEC, and I’d like to thank the peo- December 1, and it is entitled ‘‘The are falling into a state of disrepair. ple of the State for their patience and Power of One.’’ This tribute, which is a Our Nation has a total of 600,000 understanding. partnership between the Ohio State bridges, with over 65,000 being deemed There were 21 Asian Pacific countries University, the Ohio Historical Soci- deficient. That means 111⁄2 percent of represented at this event. Our Presi- ety, the Ohio Civil Rights Commission our Nation’s bridges are considered de- dent was there, as was the Presidents and the Central Ohio Transit Author- ficient and require significant mainte- of China, Russia and the Prime Min- ity, celebrates the day when Rosa nance, rehabilitation or replacement. ister of Japan, to name a few. It’s im- Parks took a stand by staying seated. In the New Jersey portion of New York portant to note that what was domi- It includes a children’s assembly that City metropolitan area, over 8 million nating the conversations was the rising welcomes 800 school children to learn vehicles cross a deficient bridge every dominance of China. and be inspired by her legacy. day. The President, our President asked I am proud to recognize the great The infrastructure in the United China to end the policies of keeping State of Ohio for commemorating Rosa States is crumbling, and the backlog of the yuan artificially low, and it is arti- Parks’ legacy of inspiration and cour- deficient bridges is growing. Congress ficially low at 28 to 30 percent. Think age, and our State’s ongoing commit- has not been able to pass a long-term about what it would mean to us, our ment to educating young people about transportation funding bill for 2 years. economy, if they would just reevaluate. civil rights. We are still working on a fiscal year It would support 1.6 billion jobs. It 2012 budget that will provide States f would increase our GDP by $285 billion with important transportation funding. in just 18 months, and our deficit would PASS THE BALANCED BUDGET This year the construction industry be reduced between 670 to $800 billion AMENDMENT has been suffering from unemployment in just 10 years. (Mr. LANKFORD asked and was rates of up to 20 percent. Investing in Madam Speaker, why haven’t we given permission to address the House bridges will create jobs today, keep taken up the issue of the reevaluation for 1 minute and to revise and extend Americans safe, and ensure economic of the yuan? Our Senate passed it in his remarks.) development for the future. October, the Currency Exchange Rate Mr. LANKFORD. Madam Speaker, in Madam Speaker, I urge my col- Oversight Act. It is time for us to act. my district, we disagree a lot about leagues to pass legislation to strength- The United States must maintain its football, but we strongly agree that the en our transportation infrastructure dominance and its position. Federal Government must balance this and put people back to work. Please, bring that bill up to our floor. budget. As a freshman, I’ve seen first- f hand this body will only make the hard f THE MURDER OF AYMAN LABIB decisions when they have to make the b 1220 hard decisions. (Mr. PITTS asked and was given per- RHETORIC AND REALITY Though we don’t agree that we need mission to address the House for 1 to balance the budget every time and minute and to revise and extend his re- (Mr. FLORES asked and was given every place, we do understand that, as marks.) permission to address the House for 1 a Federal budget over the course of a Mr. PITTS. Madam Speaker, while minute and to revise and extend his re- year, we must balance our budget. We we have watched courageous democ- marks.) don’t do that because the Constitution racy, human rights, and leaders of mi- Mr. FLORES. Madam Speaker, there doesn’t require it. It’s time to change norities stand up to thugs and extrem- is a difference between President that reality. ists and demand a free and peaceful Obama’s rhetoric and the reality for In 1995 this body overwhelmingly ap- Egypt, deeply disturbing cases are oc- the American people. proved a simple balanced budget curring where the spotlight is not shin- He says we can’t wait for more U.S. amendment, and it required that we ing. manufacturing and construction jobs. would balance our budget each year. It Reports indicate that on October 16, He says we can’t wait for more Amer- failed in the Senate by one vote, passed Ayman Labib was in his Arabic class ican middle class jobs. He says we can’t overwhelmingly in the House. If it had when his teacher told him to get rid of wait to wean ourselves off of Middle passed both bodies and been ratified by the cross tattooed on his wrist. When Eastern oil. He says we can’t wait to the States, within 10 years we would Ayman said it was a tattoo, the teach- reduce our foreign trade deficits. He have balanced the budget by 2005. Our er asked the other students, what are says we can’t wait to reduce our Fed- total debt in 2005 was $7.5 trillion. It is we going to do about this, and incited eral budget deficit. These are the now $15 trillion. the students in the class to attack things he says, but they aren’t the In just 6 years we doubled our debt. Ayman. He tried to flee, but ultimately things he’s doing. Now we stand here again debating if the students, with the support of their By delaying the Keystone XL Pipe- this is the best language or the best op- teachers, murdered this young man. line project, he’s putting the American tion for a balanced budget amendment. Egyptian media, controlled by the people in continued jeopardy by doing If we fail to pass it this year, 10 years military government, has tried to deny the following: He is killing U.S. manu- from now some freshman congressman the sectarian reasons for this brutal facturing construction job opportuni- will stand at this microphone and be- murder. After the new anti-discrimina- ties. He is keeping us hooked on Middle rate the 2011 Congress for delaying tion law put into place after October 9, Eastern oil and sending billions of dol- again the decision and passing on to when Egyptian security forces ran over lars each week to terrorist-friendly their generation an even bigger debt. Copts with bulldozers, will those teach- countries, hurting our security and our

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.020 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7592 CONGRESSIONAL RECORD — HOUSE November 15, 2011 international trade deficit. He is elimi- end Medicare. It’s like they haven’t IRAQ MILITARY EQUIPMENT TO nating one of the tools to reduce the read the question. It’s no surprise SOUTHERN BORDER Federal deficit. Americans find the GOP’s Mad Libs ec- (Mr. POE of Texas asked and was Instead, he keeps wasting billions of onomics maddening. It’s time to stop given permission to address the House dollars of our children’s and grand- playing games and start getting to for 1 minute.) children’s futures on failed Washington work on building an economy that Mr. POE of Texas. Madam Speaker, programs like Solyndra, Beacon, and works for all Americans. the troops in Iraq will be home by building cars in Finland. f Christmas. Also coming back to Amer- If the President is serious about cre- KEYSTONE XL PIPELINE ica is a large amount of military equip- ating good, shovel-ready, American ment. Why not send some of that tax- middle class jobs based on Main Street (Mr. YODER asked and was given payer-funded equipment to secure our solutions and not Washington solu- permission to address the House for 1 southern border? Our border sheriffs tions, he would move forward with the minute and to revise and extend his re- say they are outmanned, outgunned, Keystone XL project right now. We marks.) and out-financed by the drug cartels. can’t wait for Main Street job solu- Mr. YODER. Madam Speaker, both Today, I’ve introduced legislation tions. parties in this Congress have espoused support for job creation. In fact in this which mandates that 10 percent of cer- f House daily, both Republicans and tain military equipment coming back BALANCED BUDGET AMENDMENT Democrats have said the economy and from Iraq will go to our southern bor- (Mr. BILIRAKIS asked and was given jobs should be our top priority. The der. If there’s an urgent need, the permission to address the House for 1 President has stated in recent months equipment could be kept by the De- minute and to revise and extend his re- that he would pivot his time and en- partment of Defense. This equipment marks.) ergy to a focus on jobs. includes Humvees, night-vision equip- Mr. BILIRAKIS. Madam Speaker, Yet, last week this administration ment, and surveillance UAVs. last night I held a telephone town hall pivoted away from jobs again when it This is not a new idea. The Depart- meeting, and I spoke with hundreds of effectively delayed until 2013 the con- ment of Defense already has a program my constituents about the pressing struction of the Canadian Keystone XL for distribution of surplus equipment. issues facing America today. pipeline, and along with this delay, My legislation will simply utilize this Many people on the call spoke about killing the potential to create 20,000 already-existing program, expand it, the need for a balanced budget amend- jobs. This $7 billion pipeline would and allocate resources to our southern ment to the Constitution, and an over- bring oil from Canada to refineries in border. whelming majority replied in a survey the United States, and it is expected to Americans have paid for this equip- add billions of dollars of investment in that there should be a balanced budget ment to bring safety and security to the American economy. amendment. I was pleased to report to the people of Iraq. It’s time we use this With the economy continuing to them that the House will be voting this equipment to protect our own citizens struggle, we can’t wait to create these week on a balanced budget amendment from the invasion of the drug cartels. new jobs. And that’s just the way it is. that will help Washington get its fiscal The American people are tired of see- house in order. And it will reverse the ing their government say one thing and dangerous practices of saddling our fu- do another. It’s time for the rhetoric to f ture generations with insurmountable meet the road, and I urge this adminis- debt. tration to reconsider its decision, to re- FAILURE IS NOT AN OPTION A balanced budget amendment, consider this delay, and to unify this (Mr. CONNOLLY of Virginia asked Madam Speaker, is not a radical idea. country back to a focus on jobs. It is a normal expectation for hard- and was given permission to address working taxpayers, families, and busi- f the House for 1 minute and to revise nesses, as well as State governments. JOBS AND FINANCE REFORM and extend his remarks.) Mr. CONNOLLY of Virginia. Madam Why not the Federal Government, (Ms. LEE of California asked and was Speaker, failure is not an option. Let Madam Speaker? given permission to address the House none of us forget that we work for the f for 1 minute.) Ms. LEE of California. I rise to call American people, and they expect us to THE GOP’S JOB PROPOSALS on Republicans to wake up to the needs do our job. World markets are watch- (Mr. YARMUTH asked and was given of Americans, millions of Americans, ing, balance is demanded; $1.2 trillion permission to address the House for 1 mind you, and to create jobs. in deficit reduction is the minimal tar- minute.) The Republican-led Congress has led get we must meet. Mr. YARMUTH. Madam Speaker, the almost an entire year without enacting Current Federal spending is 25 per- average American household has lost a single piece of jobs legislation. cent of the GDP. It’s too high. But rev- $8,000 of income over the last few years. Madam Speaker, America cannot wait. enue is only 14 to 15 percent of the If we want to put a number on the eco- Republicans continue to ignore the GDP. It’s too low. It is the height of ir- nomic crisis facing our country right crisis of unemployment and poverty in responsibility to ignore either one of now, that should be it. America and instead keep bringing those two data points. If you ask the average person how to more bills to bail out the wealthy. It might be easy, but it’s not rocket get $8,000 back into the pockets of Let’s stop bailing out Wall Street and science. It requires both parties to do American families, you’d get some bring some real relief to Main Street. what a clear majority of Americans pretty good answers. But if you ask the Let’s stop wasting time pretending want us to do: break out of our respec- average congressional Republican, that markets can regulate themselves. tive straitjacket orthodoxies. you’d get an answer that’s so out of We need strong oversight so that we I was proud to join a hundred bipar- touch with reality you’d think they have no more Bernie Madoffs and bank tisan Members of this body urging the were creating policy by playing Mad bailouts. Let’s stop wasting time pre- supercommittee to go big—find $4 tril- Libs. Mad Libs, the children’s game tending that tax cuts for the wealthy lion in deficit reduction. Such efforts where you provide random words to pay for themselves. We need corpora- would reduce the debt to a more man- complete a story you haven’t seen. tions and the wealthy to pay their fair ageable percentage of GDP, reassure That seems like the only conceivable share. markets, preserve our Nation’s triple A explanation for the Republicans’ so- Last week, Madam Speaker, I held a bond rating and provide the stability called jobs proposals. jobs fair. Thousands showed up. People to get America’s economy growing Think about how they fill in this want to work. This is a national emer- again. blank: The best way to get Americans gency. Let’s reignite the American I urge my colleagues on the super- back to work is—poison our air and dream by passing the American Jobs committee to join us and go big for water, get rid of consumer protections, Act now. America.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.022 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7593 b 1230 PROVIDING FOR CONSIDERATION The SPEAKER pro tempore. Is there OF H.R. 822, NATIONAL RIGHT-TO- objection to the request of the gen- VOTER ID LAWS CARRY RECIPROCITY ACT OF 2011 tleman from Florida? (Ms. JACKSON LEE of Texas asked Mr. NUGENT. Madam Speaker, by di- There was no objection. and was given permission to address rection of the Committee on Rules, I Mr. NUGENT. I rise today in support the House for 1 minute.) call up House Resolution 463 and ask of House Resolution 463, a rule which Ms. JACKSON LEE of Texas. Instead for its immediate consideration. provides for the consideration of an im- of Republican legislatures across The Clerk read the resolution, as fol- portant piece of legislation, H.R. 822, America, Madam Speaker, focusing on lows: the National Right-to-Carry Reci- creating jobs in their States and work- H. RES. 463 procity Act of 2011. ing with this Congress to create jobs, Resolved, That at any time after the adop- I am proud to sponsor this rule, we find ourselves shackled by 40 States tion of this resolution the Speaker may, pur- which provides for a structured amend- implementing voter ID laws—laws/pro- suant to clause 2(b) of rule XVIII, declare the ment process that will allow Members visions that limit voting by requiring House resolved into the Committee of the to have a thorough debate on a wide the presentation of photo identifica- Whole House on the state of the Union for variety of relevant and germane consideration of the bill (H.R. 822) to amend tion that, however, is limited to State- amendments to H.R. 822. We have al- title 18, United States Code, to provide a na- lowed 10 amendments to this bill—two authorized voter ID, which has a nega- tional standard in accordance with which tive impact on our seniors, laws that nonresidents of a State may carry concealed Republican amendments and eight exclude the most common forms of firearms in the State. The first reading of Democratic amendments. Even on a ID—student IDs and Social Security the bill shall be dispensed with. All points of contentious bill, a bill where it would cards. But they offer no alternate pro- order against consideration of the bill are be easy to shut down the process, we cedures. Changes requiring limitations waived. General debate shall be confined to not only are allowing amendments, but or the outright elimination of early the bill and shall not exceed one hour equal- of those that we will be debating on the ly divided and controlled by the chair and floor, the vast majority are Democratic voting opportunities bury us to first- ranking minority member of the Committee time voters, such as the elimination of on the Judiciary. After general debate the amendments. same-day registration. bill shall be considered for amendment under We did this not because it was the Madam Speaker, couldn’t we do bet- the five-minute rule. It shall be in order to easy thing to do; we did it because it ter than to counter the 15th Amend- consider as an original bill for the purpose of was the right thing to do. It brought ment, which indicates that there amendment under the five-minute rule the transparency to the debate, and it is in should be no laws that would thwart amendment in the nature of a substitute rec- keeping with the promises that the Re- ommended by the Committee on the Judici- anyone’s right to vote, or even the 24th publican Party made to the American ary now printed in the bill. The committee people for a freer, more open process. Amendment that indicates that we amendment in the nature of a substitute should not have a poll tax to allow peo- shall be considered as read. All points of Madam Speaker, until coming to this ple to vote? order against the committee amendment in body 10 months ago, I had spent my en- Rather than creating jobs through the nature of a substitute are waived. No tire career as a cop, the last 10 years as passing the American Jobs Act or amendment to the committee amendment in sheriff of Hernando County, Florida. standing up and denouncing the sexual the nature of a substitute shall be in order During my 38 years in law enforce- except those printed in the report of the abuse of children, which is a crisis and ment, I found that disarming honest Committee on Rules accompanying this res- citizens does nothing to reduce crime. an outrage, we are stopping people olution. Each such amendment may be of- from voting by putting in place voter fered only in the order printed in the report, If anything, all it does is keep law- ID laws. Voter suppression, the Con- may be offered only by a Member designated abiding citizens from being able to de- stitution will not tolerate it—the 15th in the report, shall be considered as read, fend themselves from violent crimi- Amendment and the 24th Amendment. shall be debatable for the time specified in nals. Although I know this just from Let us open this opportunity for all the report equally divided and controlled by my anecdotal experience, research the proponent and an opponent, shall not be backs up the claim. people and fight the real issues that subject to amendment, and shall not be sub- the American people want us to ad- For example, statistics indicate that ject to a demand for division of the question citizens with carry permits are more dress. in the House or in the Committee of the Whole. All points of order against such law-abiding than the general public. In f amendments are waived. At the conclusion my home State of Florida, only 0.01 percent of nearly 1.2 million permits IT’S TIME FOR A JOBS AGENDA of consideration of the bill for amendment the Committee shall rise and report the bill have been revoked because of firearm (Mr. MCGOVERN asked and was to the House with such amendments as may crimes committed by permit holders. given permission to address the House have been adopted. Any Member may de- Additionally, evidence indicates that for 1 minute and to revise and extend mand a separate vote in the House on any crime declines in States with right-to- his remarks.) amendment adopted in the Committee of the carry laws. Since Florida became a Whole to the bill or to the committee Mr. MCGOVERN. There is a lot of amendment in the nature of a substitute. right-to-carry State in 1987, Florida’s talk about the supercommittee and The previous question shall be considered as total violent crime and murder rates debt reduction; but, Madam Speaker, ordered on the bill and amendments thereto have dropped 32 percent and 58 percent, what we need is a supercommittee for to final passage without intervening motion respectively. jobs. except one motion to recommit with or with- Because of this evidence, as well as Here’s the deal. If we can create more out instructions. my firsthand experience, I am a proud jobs, we can reduce our deficit; but my The SPEAKER pro tempore (Mrs. defender of our Second Amendment Republican friends have gone out of EMERSON). The gentleman from Florida right: ensuring ‘‘the right of the people their way to talk about everything on is recognized for 1 hour. to keep and bear arms shall not be in- this House floor except jobs. They Mr. NUGENT. For the purpose of de- fringed.’’ My history as a law enforce- refuse to bring the President’s jobs bill bate only, I yield the customary 30 ment officer is also why I am a proud to the floor; they refuse to invest in minutes to the gentleman from cosponsor of H.R. 822, the National our roads, bridges, and infrastructure; Worcester, Massachusetts (Mr. MCGOV- Right-to-Carry Reciprocity Act of 2011. and they’re threatening to cut medical ERN), pending which I yield myself such H.R. 822 is a good, bipartisan bill, research, Medicare, and funds for edu- time as I may consume. During consid- which enhances the constitutional cation. All they seem to care about is eration of this resolution, all time rights of law-abiding gun owners. making sure that the top 1 percent of yielded is for the purpose of debate Today, if I drive from my home State income earners is protected from pay- only. of Florida into Georgia, Georgia recog- ing its fair share. GENERAL LEAVE nizes that my Florida driver’s license It’s time for a new agenda, Madam Mr. NUGENT. Madam Speaker, I ask is still valid even once I cross the State Speaker. It’s time for a jobs agenda. unanimous consent that all Members line. H.R. 822 would require States to It’s time for the Republican leadership have 5 legislative days to revise and ex- recognize each other’s legally issued to focus and to get to work. tend their remarks. concealed carry permits in the same

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.027 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7594 CONGRESSIONAL RECORD — HOUSE November 15, 2011 way. This legislation would take a Madam Speaker, another week and bring concealed weapons into those comprehensive approach to helping another hot button social issue is being States. Simply, it allows a person to law-abiding citizens navigate the brought to the floor by this extreme bring a hidden loaded gun into a State patchwork of State concealed carry Republican leadership. A few weeks where, under today’s laws, they are laws. ago, this House debated an abortion currently ineligible to carry a con- H.R. 822 does not—let me repeat— bill. That’s months after we considered cealed weapon. does not create a national concealed legislation to defund Planned Parent- Now there are reasons that States carry permit system nor does it estab- hood. This Republican leadership has don’t allow certain people to carry con- lish any nationalized standard for a tried to overturn the Clean Air Act and cealed weapons, and each State is dif- carry permit. H.R. 822 respects the the Clean Water Act this year, simply ferent. My home State of Massachu- States’ abilities to create their own because their corporate constituency setts doesn’t issue concealed weapons gun usage laws as well as their own demands it. And now we’re turning to permits to people who have specific permitting processes. guns. dangerous misdemeanor criminal con- I am sure that we will hear argu- We’re about to debate legislation victions or alcohol abuse problems, as ments from my colleagues on the other that makes it easier to carry concealed well as people who have not completed side of the aisle saying that H.R. 822 weapons in the United States. In fact, firearm safety training, people who do somehow makes it easier for people to we’re considering a bill that will make not have a good character, or those get a gun. Let me assure you that, it easier for convicted felons. Yet what who are under the age of 21. again, this is not the case. This legisla- do Americans want most of all right I would like to insert into the tion does not mandate that anyone now? Are they screaming for a lengthy RECORD a letter from the Massachu- suddenly be given a gun nor does it debate on abortion issues? Do they setts Secretary of Public Safety and relax any of a State’s current permit- want us debating whether or not we Security in opposition to this bill. ting laws. need to reaffirm our national motto? But under this bill, a person who is Are they clamoring for more lenient convicted of spousal abuse in one State b 1240 gun laws? could go to a second State for a con- During my nearly 40 years as a cop, I No, Madam Speaker. The American cealed weapon permit. When they get learned you just can’t talk about guns. people want jobs, J-O-B-S, jobs. But my that permit, this bill allows that felon When you’re talking about gun crime, Republican friends are either too stub- to bring their weapon into Massachu- you need to look at two distinct classes born to listen or just don’t care enough setts even though they would not be el- of guns: there are legal guns, and there to do something about the problem. igible for a concealed weapon permit are illegal guns. I can tell you, as a Maybe they are just covering their under Massachusetts laws. cop, you don’t worry about the legal eyes and plugging their ears, hoping Now my friends on the other side of guns, the guns that people bought from that this crisis will magically dis- the aisle will say that this bill is nec- an authorized source, that they reg- appear. That may work for a 6-year-old essary, that more guns mean less istered with the proper authorities, who’s scared of ghosts, but that’s not crime, that people need to be able to that they took the necessary classes to how you govern a country. protect themselves. Well, that’s not learn how to use responsibly, and that Our unemployment rate is 9 percent. how our Nation’s mayors see it. Mayors they got their legal concealed carry There are just under 14 million unem- Against Illegal Guns strongly oppose permit. In my experience, you worry ployed Americans; millions more are this bill because it makes our cities about the illegal guns, guns that some- earning less now than they were before less—not more—less safe. Mayors body purposefully bought off the radar, the economic crisis simply because Against Illegal Guns, founded by Bos- either because they aren’t legally al- they were forced with the choice to ton Mayor Tom Menino and New York lowed to own a gun or because they’re take a lower-paying job or face unem- City Mayor Michael Bloomberg, is going to use them for illegal purposes. ployment. And what’s the Republican made up of over 600 mayors of all polit- H.R. 822 doesn’t get into that dif- response to this problem? Not a jobs ical stripes, united to respect the ference. What it does is ensures that bill. In fact, the Republicans haven’t rights of law-abiding gun owners while legal gun owners don’t accidentally brought up a jobs bill once in this Con- keeping guns out of the hands of crimi- break a law simply because they gress. So what, then, is their response nals and other dangerous people. And brought their fully permitted gun into to the jobs product? Surprise, surprise; I’m especially grateful for the national another State. This legislation gives it’s a gun bill. leadership of Mayor Tom Menino, who peace of mind to Americans traveling Madam Speaker, what are we doing has long been a champion on this issue. across State lines with a legally reg- here? This is nuts. This isn’t what the Not only do more than 600 mayors in istered, concealed firearm, knowing American people sent us here to do. this coalition oppose this bill, but so do that they can practice their constitu- The irony is, many of the new Repub- the International Association of Chiefs tional right to bear arms. licans were allegedly sent here because of Police, Major Cities Chiefs Associa- Again, I am proud to be a cosponsor of their opposition to Federal en- tion, the Police Foundation, the Na- of H.R. 822 and support its passage. croachment on States’ rights, but here tional Latino Peace Officers Associa- With that, I encourage all my col- we are debating a bill that imposes the tion, and the National Organization of leagues to vote ‘‘yes’’ on the rule, Federal role on States and undermines Black Law Enforcement Executives. In ‘‘yes’’ on the underlying legislation, States’ laws. fact, not only does the American Bar and I reserve the balance of my time. This is crazy in normal times, Association oppose this bill, but so Mr. MCGOVERN. I thank the gen- Madam Speaker. It’s even crazier does the Association of Prosecuting At- tleman from Florida for yielding me today. And unlike the resolution re- torneys. the customary 30 minutes, and I yield affirming our national motto that we I would like to insert into the myself such time as I may consume. debated a few weeks ago, this legisla- RECORD the statement by the Mayors (Mr. MCGOVERN asked and was tion will have real impacts on people’s Against Illegal Guns in opposition to given permission to revise and extend lives. Madam Speaker, people will be H.R. 822. his remarks.) hurt because of this legislation. People, Madam Speaker, Massachusetts is Mr. MCGOVERN. Madam Speaker, in fact, may die because of this bill. fortunate to have a number of anti-gun first of all, let me rise in opposition to Don’t take my word for it; look at the violence leaders in the Commonwealth. this restrictive rule, yet another re- facts. The bill obliterates State and In addition to Mayor Menino, we are strictive rule. A lot of good amend- local eligibility rules for concealed home to Stop Handgun Violence and, ments were not made in order, and weapons. It eliminates the State’s dis- specifically, its founder John Rosen- Members do not have the right to offer cretion to honor another State’s per- thal. Gun safety laws work. They keep amendments as they see fit during this mits. It requires States with respon- our citizens safe. In fact, Massachu- debate. So I would urge my colleagues sible restrictions—like my home State setts has the most comprehensive and to vote ‘‘no’’ on the rule for that rea- of Massachusetts—to allow people with effective gun violence prevention laws son. permits from States with lax laws to and initiatives and the lowest firearm

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.029 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7595 fatality rate per 100,000 population of convictions or alcohol abuse problems, as Age restrictions: At least 36 states, includ- any urban industrial State and second well as individuals who have not completed ing Colorado and Missouri, prohibit individ- lowest overall behind Hawaii. firearms safety training, who do not have uals under the age of 21 from obtaining con- Every day more than 150 Americans good character, or who are under the age of cealed carry permits. 21. H.R. 822, however, would permit citizens Law enforcement discretion: At least 24 are shot, and 83 die from gun violence of states with less strict laws to freely carry states, including Alabama, give permits in the United States. A child under 20 concealed weapons in our state. based on law enforcement discretion. years old dies from gun violence every Varying state standards make it very dif- Alcohol abuse: At least 29 states, including 3 hours, eight kids every single day. We ficult to know if a carry permit from another New Mexico and South Carolina, prohibit al- could fill Fenway Park three times state is valid. If a police officer is unsure cohol abusers from obtaining a concealed over with the 110,000 kids under 20 about whether a person is carrying a gun le- carry permit. years old killed by guns in the past 30 gally or illegally, especially during a traffic Good character: At least 14 states, including Maine, require applicants to demonstrate years, and there is still no national law stop, it may result in a situation which could escalate dangerously. good character to obtain a concealed carry requiring criminal background checks National concealed carry reciprocity is op- permit. for all gun sales in the U.S. In fact, in posed by more than 600 mayors, including Good cause requirement: At least 12 states, 33 States, there is no background check the mayors of Boston, Cambridge, Spring- including North Dakota, require applicants requirement or even proof of ID for pri- field, and Worcester; local law enforcement, to demonstrate that he or she has ‘‘good vate gun sales. And today we’re going including the Massachusetts Chiefs of Police cause’’ for obtaining a concealed carry per- to make it even easier for these people Association and the Commissioner of the mit. to carry concealed weapons. Boston Police Department; seven state at- Short permit renewal period: At least 36 states, including Arkansas, require permit Massachusetts is the leader in gun vi- torneys general, including Martha Coakley, Attorney General of Massachusetts; the holders to renew their permit at least every olence prevention. We should be work- International Association of Chiefs of Police; five years. ing to prevent gun violence, not en- the Major Cities Chiefs Association, rep- Residents: At least 27 states require appli- couraging it with legislation like this. resenting the police chiefs of 56 major U.S. cants to be residents of the state or have Madam Speaker, Federal preemption of cities; the National Black Police Associa- some other close tie to the state. Massachusetts law will only result in tion; the National Latino Peace Officers As- States Decide Whether to Offer Reci- more innocent and largely preventible sociation; and the National Organization of procity: Each state has its own laws on what Black Law Enforcement Executives. other states’ permits to accept, if any. gun deaths in my home State. The 30 states recognize permits only from se- same holds true for nearly every State I urge you to support Massachusetts’ law enforcement officials and the Common- lected states—typically from states with of the Union. In fact, preempting State wealth’s right to make its own decisions equivalent or higher standards; and gun laws will make this entire country about how to protect public safety. 9 states do not recognize any out-of-state less safe, and I cannot and I will not Sincerely, permits. support legislation that makes our MARY ELIZABETH HEFFERNAN, Of the other 11 states, 7 states allow car- neighborhoods and our cities and our Secretary. rying by all out-of-state permit holders, 3 states allow carrying by non-residents with- States less safe. MARIAN J. MCGOVERN, Colonel, Massachusetts State Police. out a permit, and Illinois does not currently Madam Speaker, let me conclude by allow any form of concealed carrying. saying, if we want to combat crime, if MAYORS AGAINST ILLEGAL GUNS What Would H.R. 822 Do? H.R. 822 would re- we want to make our neighborhoods quire each state to accept concealed carry ‘‘NATIONAL RIGHT-TO-CARRY RECIPROCITY ACT safer, I would urge my colleagues on permits from every other state, usurping OF 2011,’’ SPONSORED BY REP. STEARNS (H.R. 822) the other side of the aisle to join with each state’s right to set its own public safety Bottom line: This bill would override the laws. Those eligible include anyone who us and bring the President’s jobs bill to laws of almost every state by forcing each to the floor. Let’s provide people with holds a concealed carry permit issued by any accept concealed handgun carry permits state and except for those barred under fed- jobs and economic security. Let’s revi- from every other state, even if the permit eral law. talize our neighborhoods that are holder would not be allowed to carry or even Narrow exceptions to reciprocity: struggling now in poverty. That’s what possess a handgun in the state where he or A person cannot obtain a permit from a we should be doing, not debating a bill she is traveling. That policy would undercut state that grants permits to non-residents to make it easier to carry concealed states’ rights and create serious problems for and then use that permit to carry in their weapons. I urge my colleagues to vote law enforcement. For those reasons, more own state of residence. However, under H.R. than 600 mayors, major national and local ‘‘no’’ on the rule and vote ‘‘no’’ on final 822, a person can obtain a non-resident per- police organizations, and domestic violence mit and use it to carry in 47 other states. passage of the bill. prevention organizations oppose national They must carry a government-issued THE COMMONWEALTH OF MASSACHU- concealed carry reciprocity and Congress re- photo ID and their state license. SETTS, EXECUTIVE OFFICE OF PUB- jected similar legislation in 2009. How Would H.R. 822 Endanger Law En- LIC SAFETY AND SECURITY, States Decide Criteria for Concealed Carry forcement? Boston, MA, November 10, 2011. Permits Based on Their Public Safety Needs: Threatens Safety of Police Officers: H.R. Hon. HARRY REID, Almost all states issue licenses to carry con- 822 would create serious and potentially life Majority Leader, U.S. Senate, cealed firearms, but the criteria for such per- threatening situations for law enforcement Washington DC. mits differ widely, and each state makes its officers. Hon. JOHN BOEHNER, own decision about whether to accept other For example, during traffic stops, it will be Speaker, House of Representatives, states’ permits based on their respective nearly impossible for law enforcement offi- Washington, DC. public safety needs. cers to verify the validity of 48 different Hon. MITCH MCCONNELL, Licenses issued: 44 states require permits carry permits—forcing officers to make Minority Leader, U.S. Senate, to carry concealed handguns. split-second decisions for their own safety in Washington, DC. Illinois and Wisconsin do not allow con- an already dangerous situation. Hon. NANCY PELOSI, cealed carrying. H.R. 822 would also enable criminal traf- Minority Leader, House of Representatives, Alaska, Arizona, Vermont, and Wyoming fickers to travel to out of state gun markets Washington, DC. allow concealed carrying without a permit. with loaded handguns in the glove compart- DEAR SENATOR REID, SENATOR MCCONNELL, Criteria Vary Based on Public Safety ment, exposing police to unnecessary danger. SPEAKER BOEHNER, AND MINORITY LEADER Needs: Each state with permitting has its Weakens Law Enforcement’s Ability to De- PELOSI: I write to express my strong opposi- own eligibility standards. Those criteria in- tect Criminals: tion to H.R. 822, the National Right-to-Carry clude: Inability to prevent gun trafficking: Gun Reciprocity Act, legislation that would force Dangerous misdemeanants: At least 38 traffickers who have concealed carry permits Massachusetts to recognize concealed carry states, including Indiana and Pennsylvania, would be able to bring cars or backpacks full permits granted by other states, even when prevent people from carrying concealed of guns into destination states and present those permit holders could not meet stand- weapons if they have certain dangerous mis- their permit if stopped. As a practical mat- ards required by Massachusetts law. demeanor criminal convictions beyond do- ter, to arrest the traffickers, police would To protect vulnerable people, many states mestic violence misdemeanors, which pro- have to observe them in the act of selling have set standards for carrying handguns hibit gun possession under federal law. guns. that include criteria beyond an applicant’s Safety training: At least 35 states, includ- Inability to determine if individuals are in ability to pass a federal background check. ing Nevada, require the completion of a gun compliance with laws of other states: Offi- Right now, Massachusetts does not issue safety program, many of which include live cers would have to distinguish between real concealed carry permits to people who have fire training, or other proof of competency and fake carry permits issued not only by certain dangerous misdemeanor criminal prior to the issuance of a carry permit. their own state, but by every state. And in

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.031 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7596 CONGRESSIONAL RECORD — HOUSE November 15, 2011 many cases, officers would have to deter- I would like to insert into the check on them later, he found his girlfriend mine whether a person is entitled to carry a RECORD an article from the New York naked from the waist down and the other gun, which would depend on their state of Times on how easy it is for felons, in- man, Jason Robinson, with his pants around residence and is nearly impossible to verify cluding the mentally ill, to regain his ankles. quickly. Enraged, Mr. Zettergren ordered Mr. Rob- Legislative History: In 2009, the Senate de- their gun rights. inson to leave. After a brief confrontation, feated the Thune Amendment, a similar leg- b 1250 Mr. Zettergren shot him in the temple at islative proposal to preempt state concealed point-blank range with a Glock–17 semiauto- carry laws. When are we going to reinstate in matic handgun. He then forced Mr. Robin- Who Opposes National Concealed Carry this House the automatic weapons ban, son’s hysterical fiance´e, at gunpoint, to help Reciprocity? and why don’t we outlaw guns that are him dispose of the body in a nearby river. Mayors: Over 600 members of the bipar- so powerful that they serve no purpose It was the first homicide in more than 30 tisan coalition of Mayors Against Illegal years in the small town of Endicott, in east- Guns. at all in a civilized society? When will we allow the Federal authorities to ern Washington. But for a judge’s ruling two Law Enforcement: Major national law en- months before, it would probably never have forcement organizations, including: Inter- computerize gun sale records so it is happened. national Association of Chiefs of Police; easier to hold guilty individuals re- For years, Mr. Zettergren had been barred Major Cities Chiefs Association, which in- sponsible for their gun crimes? from possessing firearms because of two fel- cludes the Police Chiefs of 56 major U.S. cit- In the age of iPhones and Androids, ony convictions. He had a history of mental ies; the Police Foundation, National Latino our police are tracing gun crimes with health problems and friends said he was dan- Peace Officers Association; National Organi- scraps of paper and handwritten notes. gerous. Yet Mr. Zettergren’s gun rights were zation of Black Law Enforcement Execu- Surely that is a more important job for restored without even a hearing, under a tives. state law that gave the judge no leeway to State and Local Law Enforcement Organi- us to do here than what we’re doing— deny the application as long as certain basic zations: Alabama Association of Chiefs of to say you can carry a concealed weap- requirements had been met. Mr. Zettergren, Police, California Police Chiefs Association, on anywhere you want to go because then 36, wasted no time retrieving several Colorado Association of Chiefs of Police, that’s who we are. Apparently, the Re- guns he had given to a friend for safekeeping. Connecticut Police Chiefs Association, Mas- publican majority wants that. ‘‘If he hadn’t had his rights restored, in sachusetts Police Chiefs Association, Min- Based on today’s bill, they think it is this particular instance, it probably would nesota Chiefs of Police Association, Virginia more important to pass legislation have saved the life of the other person,’’ said Association of Chiefs of Police, and Wis- Denis Tracy, the prosecutor in Whitman consin Association of Chiefs of Police. that will make it easier to carry a gun County, who handled the murder case. Association of Prosecuting Attorneys. to a public gathering, easier to carry a Under federal law, people with felony con- American Bar Association. loaded weapon into NFL stadiums, victions forfeit their right to bear arms. Yet National Network to End Domestic Vio- easier to carry a gun to the grocery every year, thousands of felons across the lence—a coalition of 56 domestic violence store on Saturday noon, or into your country have those rights reinstated, often victim advocacy organizations. with little or no review. In several states, Faiths United—a coalition of over 30 na- temple or your church. What in the they include people convicted of violent tional religious groups. world? How can we ever explain that to people who have had gun deaths in crimes, including first-degree murder and I reserve the balance of my time. manslaughter, an examination by The New Mr. NUGENT. Madam Speaker, my their family? York Times has found. colleague on the other side of the aisle The horrible shooting of our col- While previously a small number of felons talks about a jobs bill. We’re not talk- league wouldn’t have been stopped with were able to reclaim their gun rights, the ing about it right now. But if you look the passage of today’s bill, and no one process became commonplace in many states at this card, we have over 20 jobs bills is made safer by allowing guns into in the late 1980s, after Congress started al- that have passed out of this body that public space. And since last January, lowing state laws to dictate these reinstate- Congress hasn’t considered a single ments—part of an overhaul of federal gun are sitting in the Senate today. laws orchestrated by the National Rifle As- I reserve the balance of my time. piece of legislation that would make it sociation. The restoration movement has Mr. MCGOVERN. Madam Speaker, at harder for a mentally ill individual to gathered force in recent years, as gun rights this time I am proud to yield 3 minutes get a gun. We have done nothing at all advocates have sought to capitalize on the to the gentlewoman from New York, to make sure that another nightmare 2008 Supreme Court ruling that the Second the ranking member of the Rules Com- like the one in Tucson doesn’t visit our Amendment protects an individual’s right to mittee, Ms. SLAUGHTER. country yet again, leaving innocent bear arms. Ms. SLAUGHTER. I thank the gen- children, men, and women victims to a This gradual pulling back of what many tleman for yielding. loaded gun. And yet the only person we Americans have unquestioningly assumed This is a serious piece of work for me was a blanket prohibition has drawn rel- care about here is the gun owner. atively little public notice. Indeed, state law today because less than a year ago, one The only legislation we are consid- enforcement agencies have scant informa- of our colleagues from Arizona was ering will make it more convenient to tion, if any, on which felons are getting their shot in the head while she was trying carry your gun even in States that gun rights back, let alone how many have to convene with her constituents out- don’t want it. Realizing this fact really gone on to commit new crimes. side a supermarket. The mayhem was puts the morality of this agenda into While many states continue to make it awful. A little 9-year-old girl named perspective. very difficult for felons to get their gun Christina-Taylor Green, a baseball fan rights back—and federal felons are out of The SPEAKER pro tempore. The luck without a presidential pardon—many who just came to see her Congress- time of the gentlewoman has expired. other jurisdictions are far more lenient, The woman, was killed. And by all ac- Mr. MCGOVERN. I yield the gentle- Times found. In some, restoration is auto- counts, an extraordinary Federal judge lady an additional 1 minute. matic for nonviolent felons as soon as they named John Roll died as well as some Ms. SLAUGHTER. This Congress complete their sentences. In others, the deci- of GABBY’s staff. Numbers of people should be considering legislation that sion is left up to judges, but the standards were wounded. And yet the only person will help the American people, not leg- are generally vague, the process often per- ever considered by this House would be islation that fulfills an ideological functory. In some states, even violent felons the guy and his right to have that gun. face a relatively low bar, with no waiting pe- agenda, which is what we’ve been doing riod before they can apply. What about the rights for the rest of all year. I urge my colleagues to vigor- The Times examined hundreds of restora- us? Are we going to have to learn to ously oppose today’s legislation. tion cases in several states, among them dance up and down the street to try to [From the New York Times, Nov. 13, 2011] Minnesota, where William James Holisky II, escape the bullets? What happens to who had a history of stalking and terrorizing FELONS FINDING IT EASY TO REGAIN GUN women, got his gun rights back last year, us? What about an amendment for us RIGHTS just six months after completing a three- to ensure that we can be safe? (By Michael Luo) The statistics of people now being year prison sentence for firing a shotgun killed in places of worship, the rising In February 2005, Erik Zettergren came into the house of a woman who had broken home from a party after midnight with his up with him after a handful of dates. She and number of people in law enforcement girlfriend and another couple. They had all her son were inside at the time of the shoot- who face unspeakable and awful things been drinking heavily, and soon the other ing. because we won’t do our job here to man and Mr. Zettergren’s girlfriend passed ‘‘My whole family’s convinced that at disarm people who are mentally ill. out on his bed. When Mr. Zettergren went to some point he’ll blow a gasket and that he’ll

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.004 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7597 come and shoot someone,’’ said Vicky acted sweeping legislation that included a One study, published in the American Holisky-Crets, Mr. Holisky’s sister. provision extending the firearms ban for con- Journal of Public Health in 1999, found that Also last year, a judge in Cleveland re- victed criminals beyond those who had com- denying handgun purchases to felons cut stored gun rights to Charles C. Hairston, who mitted ‘‘crimes of violence,’’ a standard their risk of committing new gun or violent had been convicted of first-degree murder in adopted in the 1930s. crimes by 20 to 30 percent. A year earlier, a North Carolina in 1971 for shooting a grocery ‘‘All of our people who are deeply con- study in the Journal of the American Med- store owner in the head with a shotgun. He cerned about law and order should hail this ical Association found that handgun pur- also had another felony conviction, in 1995, day,’’ President Lyndon B. Johnson said chasers with at least one prior mis- for corruption of a minor. upon signing the Gun Control Act in October demeanor—not even a felony—were more Margaret C. Love, a pardon lawyer based in 1968. than seven times as likely as those with no Washington, D.C., who has researched gun Even the N.R.A. backed the bill. But by the criminal history to be charged with new of- rights restoration laws, estimated that, de- late 1970s, a more hard-line faction, com- fenses over a 15-year period. pending on the type of crime, in more than mitted to an expansive view of the Second Criminologists studying recidivism have half the states felons have a reasonable Amendment, had taken control of the group. found that felons usually have to stay out of A crowning achievement was the Firearm chance of getting back their gun rights. trouble for about a decade before their risk Owners Protection Act of 1986, which signifi- That universe could well expand, as proof committing a crime equals that of people cantly loosened federal gun laws. with no records. According to Alfred gun groups shed a historical reluctance to When it came to felons’ gun rights, the leg- advocate publicly for gun rights for felons. Blumstein, a professor at Carnegie Mellon islation essentially left the matter up to University, for violent offenders, that period Lawyers litigating Second Amendment states. The federal gun restrictions would no issues are also starting to challenge the is 11 to 15 years; for drug offenders, 10 to 14 longer apply if a state had restored a felon’s years; and for those who have committed more restrictive restoration laws. Pro-gun civil rights—to vote, sit on a jury and hold groups have pressed the issue in the last few property crimes, 8 to 11 years. An important public office—and the individual faced no caveat: Professor Blumstein did not look at years in states as diverse as Alaska, Ohio, other firearms prohibitions. what happens when felons are given guns. Oregon and Tennessee. The restoration issue drew relatively little The history of the federal firearms agen- Ohio’s Legislature confronted the matter notice in the Congressional battle over the cy’s own restoration program, though, offers when it passed a law this year fixing a tech- bill. But officials of the federal Bureau of Al- reason for caution. The program came under nicality that threatened to invalidate the cohol, Tobacco and Firearms identified the attack in the early 1990s, when the Violence state’s restorations. provision in an internal memo as among Ken Hanson, legislative chairman of the their serious concerns. Some state law en- Policy Center, a gun control group, discov- Buckeye Firearms Coalition, argued that fel- forcement officials also sounded the alarm. ered that dozens of felons granted restora- ons should be able to reclaim their gun When Senator David F. Durenberger, a tions over a five-year period had been ar- rights just as they can other civil rights. Minnesota Republican, realized after the law rested again, including some on charges of ‘‘If it’s a constitutional right, you treat it passed that thousands of felons, including attempted murder and sexual assault. (The with equal dignity with other rights,’’ he those convicted of violent crimes, in his center also found that many of those granted said. state would suddenly be getting their gun gun rights were felons convicted of violent or But Toby Hoover, executive director of the rights back, he sought the N.R.A.’s help in drug-related crimes.) In the resulting uproar Ohio Coalition Against Gun Violence, con- rolling back the provision. Doug Kelley, his and over the objections of the N.R.A., Con- tended that the public was safer without chief of staff at the time, thought the group gress killed the program. guns in the hands of people who have com- would ‘‘surely want to close this loophole.’’ A SUPERFICIAL PROCESS mitted serious crimes. But the senator, Mr. Kelley recalled, ‘‘ran In 2001, three police officers in the Colum- ‘‘It seems that Ohio legislators have plenty into a stone wall,’’ as the N.R.A. threatened bia Heights suburb of Minneapolis were shot of problems to solve that should be a much to pull its support for him if he did not drop and wounded by a convicted murderer whose higher priority than making sure criminals the matter, which he eventually did. firearms rights had been restored automati- ‘‘The N.R.A. slammed the door on us,’’ Mr. have guns,’’ Ms. Hoover said in written testi- cally in 1987, 10 years after he completed a Kelley said. ‘‘That absolutely baffled me.’’ mony. Until then, the avenues for restoration had six-and-a-half year prison sentence and then That question—whether the restorations been narrow and few: a direct appeal to the probation for killing his estranged wife and a pose a risk to public safety—has received lit- federal firearms agency, which conducted de- family friend with a shotgun. (The State tle study, in part because data can be hard to tailed background investigations; a state Legislature had imposed the 10-year waiting come by. pardon expressly authorizing gun possession, period for violent felons after it discovered The Times analyzed data from Washington or a presidential pardon. Felons convicted of what Senator Durenberger had feared: that State, where Mr. Zettergren had his gun crimes involving guns or other weapons, as felons’ gun rights would be restored imme- rights restored. The most serious felons are well as those convicted of violating federal diately under the Firearm Owners Protec- barred, but otherwise judges have no discre- gun laws, were expressly barred from apply- tion Act.) tion to reject the petitions, as long as the ing to the federal firearms agency. What happened in the wake of the shooting applicant fulfills certain criteria. (In 2003, a By contrast, the restoration of civil rights, is emblematic of how the issue has played state appeals court panel stated that a peti- which is now central to regaining gun rights, out in many states, particularly where the tioner ‘‘had no burden to show that he is safe is relatively routine, automatic in many gun lobby is powerful. to own or possess guns.’’) states upon completion of a sentence. In Two Democratic legislators sought to im- Since 1995, more than 3,300 felons and peo- some states, felons must also petition for a pose a lifetime firearms ban on violent fel- ple convicted of domestic violence mis- judicial order specifically restoring firearms ons, although they concluded that for their demeanors have regained their gun rights in rights. Other potential paths include a par- bills to have any chance of passing, they the state—430 in 2010 alone—according to the don from the governor or state clemency would also have to set up a process that held analysis of data provided by the state police board or a ‘‘set aside’’—essentially, an an- out a hope of eventual restoration. They and the court system. Of that number, more nulment—of the conviction. were unable, however, to get their bills than 400—about 13 percent—have subse- Today, in at least 11 states, including Kan- through the Legislature. quently committed new crimes, the analysis sas, Ohio, Minnesota and Rhode Island, res- The issue was taken up the following year found. More than 200 committed felonies, in- toration of firearms rights is automatic, by Republican lawmakers, but it became cluding murder, assault in the first and sec- without any review at all, for many non- wrapped up in legislation to relax concealed- ond degree, child rape and drive-by shooting. violent felons, usually once they finish their weapons laws. Initially, a moderate Repub- Even some felons who have regained their sentences, or after a certain amount of time lican introduced a bill with a 5- to 10-year firearms rights say the process needs to be crime-free. Even violent felons may petition waiting period for regaining gun rights, but more rigorous. to have their firearms rights restored in the waiting period was scrapped entirely in ‘‘It’s kind of spooky, isn’t it?’’ said Beau states like Ohio, Minnesota and Virginia. the law, written by gun-rights advocates, Krueger, who has two assaults on his record Some states, including Georgia and Ne- that was finally enacted in 2003. That law, and got his gun rights back last year in Min- braska, award scores of pardons every year which does not even mandate that prosecu- nesota after only a brief hearing, in which that specifically confer gun privileges. tors be notified of the hearings, requires local prosecutors did not even participate. Felons face steep odds, though, in states judges to grant the requests merely if the pe- ‘‘We could have all kinds of crazy hoodlums like California, where the governor’s office titioners show ‘‘good cause.’’ out here with guns that shouldn’t have gives out only a handful of pardons every ‘‘The decision was, we have good judges guns.’’ year, if that. and we trust them,’’ said Joseph Olson, who ‘‘It’s a long, drawn-out process,’’ said helped write the statute as president of the POWERFUL LOBBY PREVAILS Steve Lindley, chief of the State Department advocacy group Concealed Carry Reform The federal firearms prohibition for felons of Justice’s firearms bureau. ‘‘They were Now. dates to the late 1960s, when the assassina- convicted of a felony crime. There are pen- One man who has benefited from a Min- tions of the Rev. Dr. Martin Luther King Jr. alties for that.’’ nesota judge’s gun rights ruling is William and Senator Robert F. Kennedy, along with Studies on the impact of gun restrictions Holisky. rioting across the country, set off a clamor largely support barring felons from pos- Mr. Holisky, an accountant who has strug- for stricter gun control laws. Congress en- sessing firearms. gled with bipolar disorder and alcoholism,

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.013 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7598 CONGRESSIONAL RECORD — HOUSE November 15, 2011 had gone out only a few times with Karen The ruling in Mr. Holisky’s case prompted Soon after the judge’s ruling, Mr. Hairston Roman, a nurse he had met online, before members of his family to write a series of obtained a concealed weapons permit from a she broke up with him. frantic e-mails to Judge Sandvik and Mr. neighboring county and bought a 9-milli- In August 2006, Ms. Roman was getting Conrow, warning of dire consequences. meter semiautomatic handgun. ready to work a night shift, putting on It is not entirely clear whether Mr. RETURNING TO CRIME makeup in the bathroom of her home in Du- Holisky, who did not respond to several re- Erik Zettergren originally lost his gun luth, when she heard a truck pulling up and quests for comment, is legally able to buy a rights in 1987 because of a felony conviction a loud boom. Moments later, she heard an- gun at this point, because at least one of the for dealing marijuana. A decade later, the other boom and glass breaking. She hit the outstanding orders of protection, which ex- police went to his house after being called by floor, calling out to her teenage son in the pires next year, appears to trip another fed- his ex-wife and discovered a cache of guns. other room to do the same as she crawled to eral prohibition. But Mr. Holisky has been He was convicted of another felony, unlawful the phone to dial 911. writing letters to relatives in Texas, threat- The police arrested Mr. Holisky later that possession of a firearm. ening legal action if they do not turn over He relinquished his weapons to friends but night for drunken driving. Several months his gun collection. later, they charged him in the shooting as eventually got them back, sometimes hiding So far, they have refused. them in an old car in his backyard, accord- well. He pleaded guilty to second-degree as- A KILLER’S SUCCESSFUL PETITION sault with a dangerous weapon. ing to friends. Sometime after that, though, Around the same time, he also pleaded Just as in Minnesota, violent felons in he became worried that the police might guilty to a felony charge of making terror- Ohio are allowed to apply for restoration of come after him again and turned over the istic threats against an elderly neighbor. firearms rights after completing their sen- guns—two long guns and a Glock pistol—to a The woman had reported to the police that tences. The statute is similarly vague, re- friend, Tom Williams. someone—she suspected Mr. Holisky—had quiring only that a judge find that the peti- ‘‘I kept them under my bed,’’ Mr. Williams left her a threatening and obscene note. She tioner has ‘‘led a law-abiding life since dis- said. had also reported a series of escalating inci- charge or release, and appears likely to do In December 2004, Mr. Zettergren success- dents that included harassing telephone so.’’ fully petitioned in Kittitas County—a three- calls, his entering her apartment and some- Only a handful of county clerks in Ohio hour drive from his home—to have his gun one’s smashing her bedroom window. Mr. said they could track these cases, producing rights restored. (Like Minnesota’s, Washing- Holisky also had a misdemeanor burglary records on several dozen restorations. They ton’s law allows petitioners to apply any- conviction from 2003, for breaking into an ex- included people who had been convicted of where.) Court records show he did not even girlfriend’s house, as well as another mis- first-degree murder, voluntary man- have a hearing. Instead, his lawyer, Paul T. demeanor conviction for violating an order slaughter, felonious assault and sexual bat- Ferris, who specializes in these cases, took of protection. tery. care of the matter. In Mr. Holisky’s gun rights hearing in Oc- The case of Charles Hairston in Cuyahoga Right away, Mr. Zettergren retrieved his tober 2010 in Two Harbors, a small town on County stands out. guns from Mr. Williams and soon obtained a the north shore of Lake Superior, Russell Mr. Hairston was 17 in January 1971, when concealed pistol license. He made something Conrow, the prosecutor in Lake County, ar- he shot a man to death in Winston-Salem, of a sport of showing off his Glock to friends. gued that Mr. Holisky had not yet proved N.C. Mr. Hairston and a group of neighbor- ‘‘He was so proud of that thing,’’ said Larry that he could stay clean, given that he had hood toughs had been preparing to rob a Persons, a friend. ‘‘He was flashing it in just gotten out of prison. Mr. Conrow also local grocery store when the owner, Charles front of everybody.’’ pointed out that there were two active or- Minor, 55, closed up and headed for his car. Not long after, he would use it in the kill- ders of protection against Mr. Holisky. ‘‘I am fixing to get him,’’ Mr. Hairston told ing. ‘‘There were people still scared of him,’’ one of his friends, according to witness state- Washington’s gun rights restoration stat- Mr. Conrow said recently. ments to the police, before he pulled the ute dates to a 1995 statewide initiative, the For his part, Mr. Holisky took documents trigger on a 20-gauge shotgun. Hard Times for Armed Crimes Act, that from the plea agreement in his assault case, Mr. Hairston spent 18 years in prison be- toughened penalties for crimes involving in which the prosecutor in neighboring St. fore being released on parole in 1989. He firearms. The initiative was spearheaded, in Louis County agreed not to oppose the res- moved to Cleveland and started working in part, by pro-gun activists, including leaders toration of his firearms rights. heating and cooling, a trade he had learned of the Second Amendment Foundation, an Mr. Holisky, who is 59, did not specify in behind bars. advocacy group, and the N.R.A. his often-rambling petition exactly why he In 1995, he pleaded no contest to a mis- Although it drew little notice at the time, wanted a gun. He described his behavior in demeanor charge for allegedly grabbing and the legislation also included an expansion of 2006 as an ‘‘aberration.’’ pushing his wife. what had been very limited eligibility for The county judge, Kenneth Sandvik, was More seriously, later that year he was in- restoration of firearms rights. set to retire in a few months. He knew Mr. dicted on 60 counts of rape, felonious sexual ‘‘There were a lot of people who we felt Holisky’s family from growing up in the penetration and gross sexual imposition; should be able to get their gun rights re- community. Several weeks later, he ruled prosecutors charged that he had forced sex stored who could not,’’ said Alan M. Gott- that Mr. Holisky had met the basic require- upon his stepdaughter, starting when she lieb, founder of the Second Amendment ments of the law. was 12. He was acquitted of the most serious Foundation, who was active in the effort. In an interview, Judge Sandvik said he had charges and convicted only of corruption of a Under the legislation, ‘‘Class A’’ felons— given considerable weight to the St. Louis minor for one encounter at a motel for which who have committed the most serious County prosecutor’s agreement not to oppose prosecutors were able to provide corrobo- crimes, like murder and manslaughter—are the restoration of gun rights for Mr. Holisky. rating evidence beyond the girl’s detailed ineligible, as are sex offenders. Otherwise, But Gary Bjorklund, an assistant St. Louis testimony. judges are required to grant the petitions as County attorney, said in an interview that Mr. Hairston, who denies the charges and long as, essentially, felons have not been he had been focused on extracting a guilty is still fighting the conviction, filed his first convicted of any new crimes in the five years plea that would send Mr. Holisky to prison gun rights restoration application in 2006 in after completing their sentences. Judges and had thought no judge would take a fire- Cuyahoga County but was summarily denied. have no discretion to deny the requests arms request from Mr. Holisky seriously. When he filed a new petition two years based upon character, mental health or any Judge Sandvik acknowledged that he had later, a judge thought he was ineligible and other factors. Mr. Gottlieb said they explic- not looked into the details of Mr. Holisky’s denied him again, though she wrote in her itly wrote the statute this way. assault case, arguing that his job had been decision that she did not believe Mr. Hair- ‘‘We were having problems with judges only to review what the prosecutor had pre- ston was likely to break the law again. But that weren’t going to restore rights no mat- sented to him. an appeals court ruled that the judge had ter what,’’ he said. ‘‘We’re not investigators,’’ he said. misread the statute, and sent the case back The statute’s mix of strictness and leni- The ease with which Mr. Holisky regained for another hearing late last year. ency makes Washington a useful testing his gun rights does not appear to be an The county prosecutor’s office had vigor- ground. anomaly. Using partial data from Min- ously opposed the restoration from the be- The Times’s analysis found that among the nesota’s Judicial Branch, The Times identi- ginning. But Mr. Hairston, who took in sev- more than 400 people who committed crimes fied more than 70 cases since 2004 of people eral friends as character witnesses, told the after winning back their gun rights under convicted of ‘‘crimes of violence’’ who have judge he had grown up in prison. the new law, more than 70 committed Class gotten their gun rights back. A closer look ‘‘Nearly 40 years ago, you know, I was a A or B felonies. Over all, more than 80 were at a number of them found a superficial proc- dumb kid,’’ Mr. Hairston said at his first convicted of some sort of assault and more ess. The cases included those of Mr. Krueger, hearing. He added, ‘‘I am in a situation now than 100 of drug offenses. who criticized the system as insufficiently where if, God forbid, if someone was to come There were cases like that of Mitchell W. rigorous after winning back his gun rights in into my home and attack me, my wife, there Reed, disqualified from possessing firearms a perfunctory hearing, and of another man isn’t a lot I could say about it, there isn’t a after a 1984 felony cocaine conviction. He whose petition was approved without even a lot I could do.’’ also has seven misdemeanor convictions on hearing, even though his felony involved In the end, the judge, Hollie L. Gallagher, his record from the 1980s, including for as- pulling a gun on a man. granted his petition without comment. sault. In 2003, he successfully petitioned for

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.014 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7599 his gun rights in Snohomish County Supe- then went on to a shooting rampage, worried about this particular provision rior Court. first killing two young students at a nullifying the constitutional carry pro- His wife, Debi Reed, went with him to the missionary training center outside of visions that are on the books in Ari- hearing and said in an interview that she had zona, Alaska, Vermont, and Wyoming. been shocked at how easily his rights were Denver. And then at a gathering of restored. He immediately bought a 9–milli- 7,000 people in and around the New Life And that States that have a popular meter semiautomatic handgun. Church in Colorado Springs, Colorado, election method of amending the Con- The following year, she said, he beat her up with a rifle and a backpack full of am- stitution are able to do so. for the first time. In 2008 he became more munition, Murray entered the church So again, what’s the problem? I have angry and violent, she said, in one instance and opened fire, killing two sisters. not had any constituents contact me putting a gun in her hand during an argu- Murray was ultimately stopped and worried that they can’t use their con- ment, pointing it at his head and saying he killed by a church member and a vol- cealed weapons permit in a particular was going to frame her for murder. During unteer security guard, Jeanne Assam, State. I think they are generally, and I another fight that year, he struck her with a have many concealed-carry license gun, giving her a black eye, and held a load- who has a concealed-carry permit and ed gun to her head. once worked in law enforcement. holders in my district. I don’t happen Mr. Reed was ultimately arrested in 2009 Assam shot Murray several times, lead- to be one myself, but they are able to, and charged with harassing and threatening ing him to kill himself. again, in all the bordering States drive to kill his wife’s ex-husband. While those I reserve the balance of my time. across State borders and not have to charges were pending, he was arrested on Mr. MCGOVERN. Madam Speaker, I worry about relicensing or notifying second-degree assault charges after he beat would like to yield 3 minutes to the authorities in those States. I think the up and tried to strangle his wife. The charg- gentleman from Colorado, a member of gentleman from Florida articulated an ing documents also mentioned the 2008 gun example in Colorado where our con- episode. He eventually pleaded guilty to the Rules Committee, Mr. POLIS. third-degree assault and intimidating a wit- Mr. POLIS. I thank the gentleman cealed-carry permit holder helped save ness, as well as fourth-degree assault and from Massachusetts. some lives, and I think that is a fine harassment. In hearing the story of my friend and good thing. Again, it is an area of Jason C. Keller, disqualified because of a from Florida and my colleague on the State sovereignty. 1997 burglary conviction, had his rights re- Rules Committee, again I think it just I asked the chair of the Judiciary stored after a brief hearing in 2006. He waited emphasizes that my State, Colorado, Committee yesterday in Rules whether a few years before buying a Hi-Point .40-cal- he thought this provision was constitu- iber semiautomatic pistol, according to his also has a concealed-carry process. We have a must-issue provision. Some of tionally required to protect the Second girlfriend at the time, Shawna Braylock. But Amendment. He responded that no, the she did not trust him with the gun because of our county sheriffs were not issuing his temper, making him keep it at his par- and were denying issuance unreason- State does not have to have a con- ents’ house. ably. Again, it highlights that this en- cealed weapons system, a concealed- In 2010, Mr. Keller left a Fourth of July tire bill is a dangerous solution in carry system under the Second Amend- party in the late evening, picked up his gun search of a problem. ment. It is a matter of discretion or and drove to the house of a woman he knew. Colorado has reciprocal concealed- policy in that State. He fired several shots as she stood out front I think this bill runs contrary to with her 9-year-old son; her 6-year-old carry arrangements with over 30 States, including all of our neighboring State sovereignty and to the privacy of daughter was sleeping inside. Mr. Keller individuals. That’s why I encourage my pleaded guilty to drive-by shooting, a felony. States. So you can drive from Colorado In Mr. Zettergren’s case, his friends said to Wyoming in the north, to the south colleagues to vote ‘‘no’’ on this bill. Mr. NUGENT. The gentleman talks they were shocked that a judge had restored to New Mexico, and east or west, and about States’ rights. We agree, there his gun rights, because they knew he was re- you’re in no danger about your con- are States that do not have concealed- ceiving disability payments, in part because cealed weapon permit not being recog- carry permits. So it is within the of mental health problems. nized. ‘‘Most of the people around here that knew States’ rights to decide how they are And, yes, there are some States that him, knew that he could be dangerous,’’ said going to regulate that particular issue we don’t have a reciprocal agreement Darrell Reinhardt, one of Mr. Zettergren’s in regards to weapons in their State. friends. from. For instance, the State of Ne- Madam Speaker, I would like to yield Mr. Zettergren’s mental health issues, in vada. I fail to be convinced that the 3 minutes to the gentlewoman from fact, have been at the heart of his efforts to proper venue for that is not for the appeal his convictions for second-degree North Carolina, Dr. FOXX. people of the sovereign State of Nevada Ms. FOXX. I thank my colleague murder, second-degree assault and unlawful and the sovereign State of Colorado to imprisonment. He had been in counseling from Florida for handling the rule. since 2000, and several mental health experts elect leadership that will work on a re- Madam Speaker, I rise today in sup- had found he had post-traumatic stress dis- ciprocal carry arrangement if that’s port of this rule and the underlying order and major depression, saying he had a what they want to do. If there is a real bill. As a life member of the National ‘‘very high degree of psychological disturb- issue there, and my constituents are Rifle Association and strong supporter ance’’ and suffered frequent ‘‘flashbacks and hampered by their ability not to have of the Second Amendment to the disturbing images,’’ according to a declara- their Colorado concealed weapons per- United States Constitution, I am tion from a forensic psychologist in one of mit recognized let’s say in the State of pleased to speak in support of H.R. 822, Mr. Zettergren’s appeal briefs. The post- California, that’s a matter between the traumatic stress, according to the psycholo- the National Right-to-Carry Reci- gist, resulted from scenes he had witnessed States. procity Act, which will help protect years before, including his mother’s death by Opening the door for Federal inter- law-abiding American citizens’ right to electrocution and the shooting death of a vention in this very sensitive area bear arms. friend. opens the door to a Federal gun owner The Supreme Court ruled in District None of this was reviewed by the judge who registry, which a number of gun rights of Columbia v. Heller that ‘‘the inher- heard Mr. Zettergren’s gun rights petition. advocates in my district have ex- ent right of self-defense has been cen- Donna Bly, the mother of Jason Robinson, pressed a great deal of worry over, as tral to the Second Amendment right,’’ Mr. Zettergren’s shooting victim, considered well as opening the door for a whole and in McDonald v. City of Chicago suing the county for negligence over the decision but could not find a lawyer to take host of other problems that can come that the Federal Government can in- the case. She also tried bringing the issue up from Washington, D.C., bureaucrats de- tervene to ensure that State and local with a state legislator but got nowhere. ciding where you can and can’t take governments are not restricting Sec- ‘‘This man did not deserve to have his gun your guns rather than protecting our ond Amendment rights. Statistics show rights back,’’ she said. Second Amendment in the States. correlation between right-to-carry laws Mr. NUGENT. Madam Speaker, I Some other concerns have been ar- and a decrease in violent crime rates. yield myself such time as I may con- ticulated to me from some of the gun According to NRA estimates based on sume. owner rights groups in the State of the FBI’s Annual Uniform Crime Re- In 2007 a Colorado man named Mat- Colorado. They’re worried about more port, States that have right-to-carry thew Murray allegedly wrote online, onerous standards to acquire a permit. laws have 22 percent lower total vio- ‘‘All I want to do is kill and injure as They’re worried about a national data- lent crime rates, 30 percent lower mur- many Christians as I can.’’ Murray base of permit holders. They’re also der rates, 46 percent lower robbery

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.016 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7600 CONGRESSIONAL RECORD — HOUSE November 15, 2011 rates, and 12 percent lower aggravated issued by another State, I believe rying by dangerous criminals—those assault rates compared to the rest of States should recognize conceal-and- convicted of a misdemeanor such as as- the country. carry licenses issued by another. sault, harassment, or driving while in- Law-abiding citizens have the right Today, some States already have rec- toxicated—I think those are reason- to protect themselves from criminals iprocity agreements to recognize the able. That’s the minimum in Oregon. and defend themselves with firearms. conceal-and-carry laws of other States, And instead, the enactment of this leg- Throughout my career in elected of- while some do not. The result is a islation will enable a race to the bot- fice, I have worked with my colleagues piecemeal system where a law-abiding tom where the lowest common denomi- to ensure that American citizens main- citizen may be required to give up his nator will determine gun safety laws in tain their Second Amendment rights. or her weapon at a State line. If passed, Oregon. I think that’s wrong. Each State has different eligibility this bill would streamline the system I urge a rejection of the rule and the requirements, and H.R. 822 maintains by making it more simple and uniform. bill. the State’s ability to set its own eligi- H.R. 822 does not create Federal stand- Mr. NUGENT. I continue to reserve bility. However, the bill would end un- ards for obtaining permits nor does it the balance of my time. certainty and confusion for concealed- require States to adopt a specific li- Mr. MCGOVERN. Madam Speaker, I carry permit holders when they travel. censing system. Each State’s right to would like to yield 2 minutes to the Forty-nine States allow individuals determine its own permitting system gentleman from Virginia, a member of to conceal and carry handguns, and the will remain intact regardless of H.R. the Judiciary Committee, Mr. SCOTT. bill before us would allow individuals 822. Mr. SCOTT of Virginia. Madam who hold a concealed-carry permit in Since the founding of our Nation, Speaker, this bill undermines public their State of residence to carry that American citizens have had the con- safety, and that’s why law enforcement weapon in other States that allow constitutional right to bear arms, and I organizations oppose the bill. It’s said cealed carry. Madam Speaker, this rule believe this legislation is a common- that this is no national law established should be passed unanimously, as sense solution to preserve that right. I by this legislation. That’s right, be- should the underlying bill. urge my colleagues to vote ‘‘yes’’ on cause if there were a national law, b 1300 the rule today and to support final pas- there would be national standards. sage of H.R. 822. This is actually worse. The law, in ef- Mr. MCGOVERN. Madam Speaker, I Mr. NUGENT. I reserve the balance fect, will actually be the law of the would like to insert in the RECORD dis- of my time. State with the weakest concealed senting views from the Judiciary Com- Mr. MCGOVERN. Madam Speaker, at weapons permits that will essentially mittee, entitled, ‘‘Loosening Restric- this time I would like to yield 2 min- become the law of the land, because tions on the Carrying of Concealed utes to the gentleman from Oregon you could use that permit in any State. Guns in Public Does Not Improve Pub- (Mr. BLUMENAUER). This bill allows people who are ineli- lic Safety.’’ Mr. BLUMENAUER. It’s sad that gible to get a concealed weapons per- Concealed carry laws have not made us we’re taking time that should be spent safer. As a result, forcing states with strict mit in their home State to go to an- permitting standards to recognize permits on the economy and making commu- other jurisdiction and get a concealed issued by states with weak standards would nities safer and stronger to facilitate, weapons permit and use that concealed make us even less safe. Proponents of H.R. instead, less rational and less effective weapons permit anywhere in the coun- 822 have cited research by John Lott that gun safety laws. try except their home State. has been widely discredited. In fact, as col- I deeply appreciate the gentlewoman Now States have different minimum umnist Michelle Malkin has pointed out, from New York putting The New York standards for concealed weapons, such Lott has been accused of fabricating a study Times article from last Sunday in the as some require minimum training so on which he bases the claim that 98 percent RECORD. The gentleman from Florida of defensive gun uses involved mere bran- that you know what you’re dealing dishing as opposed to shooting. Malkin re- talks about his experience. Well, in with. Others deny permits to certain ported that Lott incorrectly tried to at- that article is sad evidence. For exam- sex offenders or domestic violence of- tribute the data to three different studies, ple, in the State of Washington where fenders. All of those minimum stand- and when another researcher offered to inde- that tragic occurrence occurred, since ards would be overridden by this bill pendently verify Lott’s findings, Lott 1995, more than 3,300 felons and people because permits from other States will claimed to have lost all of his data in a com- convicted of domestic violence mis- have to be recognized. puter crash. He also could not produce any demeanors have regained gun rights. The basic controversy, Madam financial records, contemporaneous records And according to the analysis provided Speaker, presented by this bill is the or any of the students who supposedly worked on the survey. 78 other studies con- by the State court system, of those, question of what happens if more peo- clude that guns are far more likely to be more than 400, about 13 percent, have ple carry firearms. Some people believe used in crime than in self-defense. One such subsequently committed new crimes, that if more people carry firearms, the study found that the number of criminal gun and more than 200 committed felonies crime rate will go down. The studies uses outnumbered the self-defense use of a including murder, assault in the first that I’ve seen conclude that if more gun by a factor of at least 4 to 1.79 and second degree, child rape, and people are carrying firearms, it is more At this time I am happy to yield 2 drive-by shooting. likely that someone in their home or minutes to the gentleman from Okla- The gentleman talks about evidence. an innocent neighbor will be killed. homa (Mr. BOREN). Well, the study in the American Public That’s more likely than the firearm Mr. BOREN. Madam Speaker, I rise Health Journal referenced in that arti- being successfully used to thwart a today in support of H.R. 822, the Na- cle found that denying handgun pur- crime. tional Right-to-Carry Act of 2011. The chases to felons cut the risk of their We should not undermine public safe- Second Amendment of the United committing new gun or violent crimes ty. We should allow States to set their States Constitution provides citizens by 20 to 30 percent. And another study own concealed weapons standards and with the individual right to keep and by the Journal of the American Med- defeat this rule, and if the rule passes, bear arms. This right enables Ameri- ical Association found that handgun defeat the bill. cans to use firearms for self-protection, purchasers with at least one prior mis- Mr. NUGENT. I continue to reserve for hunting, and for other lawful ac- demeanor—not a felony, a mis- the balance of my time. tivities. demeanor—were more than seven times Mr. MCGOVERN. Madam Speaker, I H.R. 822 would guarantee that indi- as likely as those with no criminal am happy to yield 11⁄2 minutes to the viduals who are legally licensed to record to be charged with new offenses. gentlewoman from New York (Mrs. carry a concealed weapon in their I come from a State that would have MCCARTHY). home State could also legally carry a its protections undermined by this pro- Mrs. MCCARTHY of New York. I concealed weapon in another State. posal. Now, I think that the fact that thank the gentleman. The bill seeks to protect our funda- we require character references, that Madam Speaker, I rise today in oppo- mental liberty, not restrict it. Just as people have to be 21 years of age, and sition to the rule for H.R. 822. As you one State recognizes a driver’s license that we prohibit concealed weapon car- know, this committee voted down a

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.035 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7601 motion to consider the bill under an I rise in reluctant support, however, of-state residents even if they have not open rule. This is such an important of the rule and the bill only from this met basic licensing or training require- issue that we really need to have the standpoint, and that’s the reason, in ments mandated for carrying in that entire Nation hear about it and have part, for my time here today, which I State. all of us have our voices heard. thank the gentleman for and I thank This total disregard for State laws I want to make sure that I get to the Members of this Chamber for. may come as a shock to Americans speak on an amendment of mine that is Illinois is unique in that we have no who have always been told that these going to be considered. Under my carry-conceal weapon law. We have no Tea Party Republicans want to shrink amendment, States would be required ability on the part of Illinois citizens the scope of the Federal Government, to proactively opt-in to the agreements to defend themselves. We have no right but instead of creating jobs, we are called for by H.R. 822. This would re- or ability on the part of Illinois citi- here considering—strongly—a bill that store the critical decision of who zens to exercise their Second and 14th is opposed by law enforcement officials should be able to carry a concealed Amendment rights. This bill, as it now throughout the States and throughout handgun in our communities back to reads, would extend the right only to the country. This bill is nothing more where it belongs—to the local govern- other States—and I’m supportive of than a piece of special interest legisla- ments that have to deal with the polic- that because I think it’s critical that tion for the National Rifle Association. ing and other consequences such as we extend that right—but I am com- Under this bill, States will no longer this provision will do. We also will hear mitted, as well as a number of my Illi- be able to set standards for who may about other amendments that would nois colleagues, and I think Second carry concealed, loaded guns in public. restore rights back to States and safe- Amendment and fundamental rights States that prevent those convicted of ty back to our communities and some Congressmen throughout the United violent crime from carrying a con- sanity back into this debate. States, to restore that right and to cealed weapon would no longer be able Madam Speaker, I think it’s ex- bring that right to Illinois citizens. to enforce their State laws. The Second tremely important that we look at this Time after time after time, as I visit Amendment protects the right to bear as a States’ rights issue. My State has the coffee houses, as I meet with indi- arms, but it is not, ladies and gentle- concealed weapons laws. We allow peo- viduals throughout the district, as I men, absolute. ple to have concealed weapons. But meet with people throughout the I urge my colleagues to oppose this there are other States that do not State, we are essentially denied in Illi- rule and the underlying bill. come up to our standard, and we don’t nois the rights and privileges of every Mr. NUGENT. Madam Speaker, I want them coming into our State and other citizen of every other State in yield 2 minutes to the gentleman from telling us what to do. I suggest that we the Union except Illinois. That’s a glar- Kansas (Mr. POMPEO). really look at this very carefully, and ing deficiency, it’s an omission, and I Mr. POMPEO. I applaud the House hopefully my colleagues will definitely believe, frankly, that it strikes at the for taking up H.R. 822, the National vote for my amendment tomorrow core of our constitutional guarantees. Right-to-Carry Reciprocity Act. As a when it comes up. I am going to continue to fight, not veteran and a strong defender of the We can deal with this. The Supreme only on this bill, but on standalone leg- Second Amendment, I encourage all of Court has said people have the right to islation down the line and through the my colleagues to support me in this own a gun. They also said localities process to bring to Illinois the same important piece of legislation. have the right to make the laws safe rights, keep and bear arms, Second and In Kansas, in 2007, we began to issue for their constituents. I happen to be- 14th Amendment rights, that other concealed-carry permits. Since then, lieve that H.R. 822 and the way this citizens have throughout the country. Kansas has entered into agreements rule is written is not good for the It’s extraordinarily important. It with many other States across the re- United States of America, it’s not good reaches at the essence of our Constitu- gion to create interstate reciprocity. for the people of America, and I know tion, the essence of our guarantees as And while many States have similar it’s not good for my State of New York. participants in a republic of civil lib- agreements, they benefit only a por- erties, and I believe that it is critical tion of the American population that b 1310 that we continue the fight now to- have this basic fundamental right to Mr. NUGENT. Madam Speaker, I gether with my colleagues, Congress- keep and bear arms. yield 3 minutes to the gentleman from man HULTGREN and others from Illinois The legislation and the rule we’re Illinois (Mr. JOHNSON). who have joined me in this process. considering today offer an opportunity Mr. JOHNSON of Illinois. Madam The SPEAKER pro tempore. The for the Federal Government to facili- Speaker, I rise today in support of the time of the gentleman has expired. tate cohesion between the States with- underlying bill and the rule. This is a Mr. NUGENT. I yield the gentleman out extending its reach further into critical issue with respect to Ameri- an additional 30 seconds. our laws than is necessary. The Na- cans’ basic rights. Mr. JOHNSON of Illinois. I appre- tional Right-to-Carry Reciprocity Act Courts have held over almost a cen- ciate the time. would allow concealed-carry permits in tury and a half that the right to bear I support the bill. I support the rule. one State to be legally recognized in arms is simply more than the Second But I also support—and I want to con- another and accepted in every other and the 14th Amendment. It decided in clude by saying this—Illinois citizens’ State of the Union that has similar set the case of Beard v. U.S. in 1895 that right to keep and bear arms that are of laws. citizens were entitled to repel force by being flagrantly denied by our Illinois Under the bill, everyone is still re- force, and entitled to stand their legislature. quired to follow the firearm laws in ground and meet any attack made on Mr. MCGOVERN. Madam Speaker, I each of the different States in which them by a deadly weapon. They then would like to yield 2 minutes to the they choose to carry. Our Founding Fa- ruled 3 years ago in the D.C. v. Heller gentleman from Georgia, a member of thers considered this right to bear case, where they essentially declared the Judiciary Committee, Mr. JOHN- arms so important they put it in the self-defense as an inherent right cen- SON. Constitution. Allowing this reciprocity tral to the Second Amendment. And Mr. JOHNSON of Georgia. Madam is a simple act of extending what our then in the case emanating in my Speaker, I rise in opposition to this founders originally intended. State of Illinois, in the case of McDon- rule and the bill, the National Right- I hope that Congress will honor this ald v. City of Chicago, further elabo- to-Carry Reciprocity Act. It’s the epit- principle by supporting this rule and rated and extended that constitutional ome of Federal arrogance that would passing this bill, which at its core does protection. impose its will on the 50 State legisla- nothing more than protect the Second So the underlying bill and American tures in this country. Amendment right of every Kansan and citizens’ right and the ability to carry This bill tramples on our system of every law-abiding citizen. firearms from State to State and to federalism and endangers the public Mr. NUGENT. Madam Speaker, I ad- have that essential right built in, I safety by forcing States to allow the vise my colleague from Massachusetts think, is critical. carrying of concealed firearms by out- that I have one remaining speaker.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.038 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7602 CONGRESSIONAL RECORD — HOUSE November 15, 2011 Mr. MCGOVERN. Then I will reserve bring forward a bill that other Con- [From the New York Times, Oct. 24, 2011] the balance of my time. gresses have not had the courage to HAVE GLOCK, WILL TRAVEL Mr. NUGENT. Madam Speaker, I bring forward, but it brought it forward (By Frank Bruni) yield 3 minutes to the gentleman from in a way that this body can work its Between the struggle to fold a sport jacket Georgia (Mr. WOODALL). will. Eight Democratic amendments, as so it doesn’t wrinkle, the 45-minute wait on Mr. WOODALL. I thank my friend on I recall, two Republican amendments. a security line if I’m flying, the price of gas the Rules Committee for yielding. That’s the kind of House I came to if I’m driving and the worry either way that I rise in strong support of this rule Congress as a freshman to work in. I left the coffee maker on, I thought I was today. Now, I hear a lot of conversa- pretty well versed in the inconveniences and I appreciate the work the Rules Com- tion about States’ rights here on the stresses of domestic travel. mittee did to make this possible, and I House floor—federalism, you know, Hardly! Things could be much, much that debate that James Madison and appreciate, Madam Speaker, the work worse, namely if I were a gun owner with a permit to carry a concealed firearm in my Thomas Jefferson had more than two of the leadership in guiding us down this path. home state and an itch to do so in any other centuries ago. It’s an important debate state I visited as well. to have, and I hope we have that debate Mr. MCGOVERN. Madam Speaker, I As matters now stand, I’d have to defer to on every single thing that we do in this would like to insert into the RECORD an the laws of those states, which vary widely. body. I hope we ask ourselves that article from The New York Times, en- In some, my permit from back home would question every single day: Is this a re- titled, ‘‘So Much for Small Govern- suffice, even if getting it required little more sponsibility and a role the Federal ment.’’ than proper adult identification, proof of Government ought to be playing, or residency and a smile. The smile might even [From the New York Times, Oct. 25, 2011] have been negotiable. A scowl and a clean should this be something that’s left to SO MUCH FOR SMALL GOVERNMENT felony record and I was good to go. the States? Other states are sticklers, recognizing only Sadly, I’ve heard more of that enthu- House Republicans usually claim to be their own concealed-carry permits and siasm today than I usually hear down champions of both small government and granting or withholding those based on such here, but I welcome it—not as a step in states’ rights, which makes it hypocritical, killjoy criteria as whether someone has a the wrong direction, but a step towards and downright reckless, that they are ob- violent misdemeanor conviction, a history of sessed with taking away the authority of that new beginning. I believe that we alcohol abuse or any actual training in weap- states to decide who is allowed to carry a on safety. Some free country, ours. can absolutely come together around concealed and loaded handgun. those kinds of uniting issues: Does the Thank heaven for the National Rifle Asso- On Tuesday, the House Judiciary Com- ciation, its sights ever fixed on the forces Federal Government need to be in- mittee voted 19 to 11 for a measure that that try to separate Americans from the volved in this or does it not? would do exactly that. Only one Republican, deadly firearms they like to keep snug at The reason I’m in strong support of Representative Dan Lungren of California, their sides. this rule, however, is that it made 10 joined the committee’s Democratic members The N.R.A. is pushing a bill, the National amendments in order. You know, this in voting against the bill. Right-to-Carry Reciprocity Act of 2011, that bill, this concealed-carry reciprocity This extreme legislation, the National would eliminate the gun-toting traveler’s bill—and in fairness, full disclosure, Right-to-Carry Reciprocity Act of 2011, woes. Should it become law, any state that I’m literally a card-carrying member of would obliterate state and local eligibility grants concealed-carry permits, no matter the concealed-carry bandwagon. I’ve rules for concealed weapons and the state’s how strict the conditions, would be forced to got my Georgia carry permit here in discretion to decide whether to honor an- honor a visitor’s concealed-carry permit from another state, no matter how lax that my pocket, I have since I was 22 and other’s permits. At least 36 states now set a minimum age state’s standards. living in a neighborhood that I thought Chris W. Cox, the N.R.A.’s chief lobbyist, I needed some self-protection living in. of 21 for carrying concealed guns, and 35 states require some sort of gun-safety train- recently wrote that the current situation This is a discussion that this body ing. Thirty-eight states prohibit people con- ‘‘presents a nightmare for interstate travel, has been trying to have for about 15 victed of certain violent crimes like mis- as many Americans are forced to check their years. As long as I can remember demeanor assault or sex crimes from car- Second Amendment rights, and their funda- watching Congress, this bill has been rying concealed weapons. mental right to self-defense, at the state line.’’ knocking around in Congress and no The act would override those rules, requir- one has ever brought it to the floor of Nightmare? I think that term better ap- ing states with tight restrictions, like New plies to the N.R.A., though it’s not the first the House despite a broad bipartisan York and California, to allow people with word that springs to mind when I mull its majority of the body cosponsoring it. permits from states with lax laws to tote current effort. I’ve always wondered why, because for concealed and loaded guns in their jurisdic- Contradiction, hypocrisy: those words rush Pete’s sakes, if it’s something that a tion. Wording added by the committee ex- in ahead. The bill thus far has more than 200 majority of the body is going to co- empts people with a concealed-carry permit Republican cosponsors in the House, many of from one state from having to meet eligi- them conservatives who otherwise complain sponsor, then it ought to be something bility standards set by the state they are vis- that the majority of the body is going about attempts by an overbearing federal iting. government to trample on states’ rights in to support, and we ought to bring it to The measure, pushed by the National Rifle the realms of health care, tort reform, edu- the House floor and let the House work Association, would undermine legitimate cation—you name it. But to promote con- its will. states’ rights by nationalizing lenient gun cealed guns, they’re encouraging big, bad I’m still struggling with the under- rules most states have rejected for them- Washington to trample to its heart’s con- lying legislation, but I appreciate this selves. It would increase the chance for gun tent. leadership and this Rules Committee violence and make it harder to combat ille- Imagine how apoplectic they’d be if, on for bringing a bill to the floor when gal gun trafficking. certain other matters, Washington forced more than a majority of the House has Nevertheless, the full House is expected to their states to yield to others’ values the cosponsored it. And I appreciate this approve the bill soon. That would leave it to way this bill, H.R. 822, would compel New York, Massachusetts and Connecticut to leadership and this Rules Committee the Senate, where a similar bill could surface any day, to protect Americans. Much honor more permissive gun-control regula- for giving us 10 amendments from will depend on Senator Harry Reid of Ne- tions from the South and West. As it happens which to choose to improve the bill. vada, the majority leader. He voted for a these three Northeastern states all perform There are opt-in provisions if you’re similar measure two years ago while running same-sex marriages, which more conserv- worried about federalism. There are for reelection. Nevada law enforcement ative states do not have to recognize. honor State compact amendments if groups oppose the bill, and the state recently It’s not fair to talk only about Repub- you’re worried about federalism. There ended reciprocity for concealed-carry per- licans. H.R. 822 has dozens of Democratic co- are study amendments with the GAO to mits with Utah and Florida out of concern sponsors as well, and when Democrats controlled Congress for the first two years of sort out whether or not there are unin- about the weak licensing rules in those states. For the safety of the people in Ne- Barack Obama’s presidency, they made no tended consequences with regard to vada and elsewhere, he needs to lead in the major progress on gun control. Reluctant to nonresident permits. right direction this time. cross the N.R.A., they let it slide. b 1320 In 2009, when Harry Reid, the Democratic I would also like to insert into the majority leader in the Senate, was about to These choices are out there for us. RECORD an article by Frank Bruni, en- enter a tough reelection battle in Nevada, he Not only did this Rules Committee titled, ‘‘Have Glock, Will Travel.’’ actually voted in favor of legislation highly

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.040 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7603 similar to H.R. 822. It was defeated. That Indeed, laws permitting individuals to carry that we have an economic crisis before same year President Obama signed a law per- concealed weapons vary from state-to-state. us. There are 14 million Americans mitting concealed guns in national parks. For example, some states require residents without jobs. There are millions more The story on the state level has been just to complete training and meet other condi- who are underemployed. as sad over the last few years. Wisconsin re- tions before obtaining a permit, while others cently approved concealed-carry legislation, do not. We just came back from another con- leaving Illinois the only state in which civil- National concealed carry reciprocity could gressional break. I don’t know where ians can’t carry concealed firearms. Several create serious and potentially life-threat- you went on your congressional break, states have enacted laws spelling out that ening situations for police officers. During but if you went back to your district, I concealed weapons can in many cir- police traffic stops, it would be nearly im- find it hard to believe that the most cumstances be carried into bars. possible for officers to verify every other pressing issue that faces your constitu- One was Tennessee, where a state law- state’s carry permits. In addition, this legis- ency is trying to figure out a way to maker who sponsored the legislation, Curry lation would make it easier for gun traf- make it easier to carry concealed Todd, sometimes carries a loaded .38-caliber fickers to travel across state lines with con- gun. I know this because it was beside him cealed, loaded firearms, exposing police offi- weapons from State to State to State. when Nashville Cops pulled him over two cers to unnecessary danger and making our I just don’t believe that that’s what weeks ago for drunken driving. They also communities less safe. people are talking about, certainly not charged him with carrying a firearm in pub- This dangerous initiative is opposed by a people in my congressional district. My lic while intoxicated. At least that’s still il- broad coalition of national law enforcement people are talking about jobs. legal. organizations, including the International When I’m at the airport, people are New York, Connecticut, Massachusetts, Association of Chiefs of Police, the Major talking to me about jobs. That’s what New Jersey and several other states don’t Cities Chiefs Association, and the Police they want us to focus on, not on re- have reciprocity arrangements that allow Foundation; more than 600 members of May- affirming the national motto of the someone like Todd to pay an armed courtesy ors Against Illegal Guns; various state law call. That’s because New York officials can enforcement organizations; faith leaders; United States as ‘‘In God We Trust.’’ I deny concealed-carry permits on a case-by- prosecutors, including the American Pros- mean, we wasted a day on that. It case basis, whereas many other states— ecutors Association and the American Bar didn’t need reaffirming. There it is South Dakota, for example—don’t put much Association; and the National Network to right up there in gold lettering above stock in such scrutiny. End Domestic Violence, representing 56 do- where the Speaker sits. It’s on the H.R. 822, now in the House Judiciary Com- mestic violence prevention organizations na- back of the dollar bill. Why did we have mittee, makes a mockery of our diverse val- tionwide—a similar coalition to the one that to spend time debating that? ues and strategies for public safety. If it helped to defeat this legislation on the floor And today we’re not talking about were enacted, off to New York the South Da- of the Senate in 2009. kotan tourist could go, 9-millimeter Glock Massachusetts has some of most stringent jobs; we’re talking about a gun bill? in tow. firearms safety protections in the nation. By Now, I know that the special interest That’s not liberty. More like lunacy. allowing out-of-state permit holders to bring lobbyist, the National Rifle Associa- I would also like to insert into the concealed, loaded firearms into our commu- tion, they like this and they want us to nities where they would not otherwise be al- RECORD a letter to the leadership of move forward on this. But put the spe- lowed to carry, this legislation would greatly this House signed by Martha Coakley, cial interests aside for a second and put undermine public safety in our Common- your constituents first. the attorney general of Massachusetts, wealth. A national concealed carry reci- opposing this legislation. What do our constituents want us to procity amendment puts our citizens and po- do? They want us to fix this economy. THE COMMONWEALTH OF MASSACHU- lice at risk and takes away the ability of We should be debating some of the SETTS, OFFICE OF THE ATTORNEY state and local government to carefully craft GENERAL, laws that protect the public. components of the President’s jobs bill Boston, MA, November 9, 2011. I urge Congress to defeat this dangerous or a jobs bill of your own. But we Re H.R. 822, ‘‘National Right-to-Carry Reci- initiative. should be talking about how to put procity Act of 2011’’. Cordially, people back to work, not spending time Hon. HARRY REID, MARTHA COAKLEY, here talking about how to make it Senate Majority Leader, Hart Senate Office Massachusetts Attorney General. easier to carry a concealed weapon Building, Washington, DC. Madam Speaker, we just heard from from State to State to State. This is Hon. MITCH MCCONNELL, the gentleman from Georgia that we nuts that we’re spending and wasting Senate Republican Leader, Russell Senate Of- should somehow be grateful that the this time on this issue. fice Building, Washington, DC. Rules Committee majority threw some Madam Speaker, the gentleman from Hon. JOHN BOEHNER, crumbs our way. But the fact is this is Speaker of the House, The Capitol, Washington, Georgia said a majority of Members DC. not an open rule. This is not an open favor this bill; therefore, we should Hon. NANCY PELOSI, process. And for a majority that came bring it to the floor. Well, you know House Democratic Leader, The Capitol, Wash- in saying that everything was going to what? A majority of Members of this ington, DC. be open, they have not kept their Chamber also support a bill to hold DEAR HONORABLE CONGRESSIONAL LEADERS: promise, and this is far from it. A lot of China accountable for the fact that As the chief law enforcement officer for the good amendments were not made in China manipulates its currency and, as Commonwealth of Massachusetts, I am writ- order. Members don’t have the right to a result of that, if we actually held ing to express my strong opposition to H.R. offer amendments here on the floor. 822, the ‘‘National Right-to-Carry Reci- them accountable, we could actually procity Act of 2011,’’ which would permit in- I urge my colleagues on both sides of create an estimated 1 million to 1.5 dividuals who are authorized to carry con- the aisle, out of fairness, and especially million jobs in America. A majority of cealed firearms in their state of residence to my Republican friend, in keeping with Members of this House on both sides of carry concealed handguns in other states, your promise when you took the ma- the aisle support that, yet we can’t get forcing states to recognize all other states’ jority, please vote ‘‘no’’ on this rule. that to the floor. That will help create permits to carry concealed firearms. Any I will also say, Madam Speaker, that some jobs. I mean, there’s bipartisan legislation that would override the concealed I oppose this bill because it tramples support for that. There’s bipartisan carry laws of nearly every state is an affront on the rights of my State and it tram- to states’ individual law enforcement efforts support for the components of the and should not be passed into law. ples on the rights of a number of States President’s jobs bill, yet you will not A national concealed carry reciprocity law that have reasonable guidelines for bring it to the floor. Instead, we’re would force states to recognize every other who can carry a concealed weapon. And dealing with this stuff. state’s permit to carry concealed, loaded under this bill, those guidelines all go Again, this may be good for pleasing firearms, creating a lowest common denomi- away, so the lowest common denomi- the special interests, but it is not what nator approach to public safety that would nator carries the day. I don’t think we should be doing in this Chamber. undermine state and municipal authorities, that’s good for public safety. And if What’s good for this country is to focus endanger police officers and make it more you care about States’ rights, it’s not difficult to prosecute gun traffickers. As you on the economy. What’s good for this know, states issue permits to carry con- goods for States’ rights advocates ei- country is to focus on jobs. cealed firearms, and each state establishes ther. I would say to my Republican its own criteria in deciding who may carry But I want to just spend my final mo- friends, your indifference on the issue concealed firearms within its jurisdiction. ments just reminding my colleagues of jobs is shameful, is absolutely

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.018 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7604 CONGRESSIONAL RECORD — HOUSE November 15, 2011 shameful. There are millions of Ameri- Most people who use a gun to kill a (1) to use the vessel as a historic memorial, cans out of work, millions under- human being are not just using a gun make the vessel available to the public as a employed, people worried about wheth- they obtained legally, that they are li- museum, and work cooperatively with other er they can pay their mortgages, pay censed legally, that they got a legal museums to provide education on and memo- rialize the maritime heritage of the vessel their heating bills, pay their prescrip- concealed-carry permit for. When you and other maritime activities in Alaska, the tion drug bills, whether they can afford look at the numbers of CCW permit Pacific Northwest, the Arctic Ocean, and ad- to send their kids to college, and this is holders that have actually violated the jacent oceans and seas; what we’re spending our time on? Give law, at least in the State of Florida, (2) not to use the vessel for commercial me a break. it’s .001 percent. transportation purposes; We need to refocus in this Congress. There are people that are criminals, (3) to make the vessel available to the We need to get our priorities straight. and they’re criminals simply for hav- United States Government if needed for use I’m going to tell you, at the top of ing a firearm. Even in the State of by the Commandant in time of war or a na- the list is not reaffirming the motto of tional emergency or based on the critical Florida, a felon can’t possess a firearm. needs of the Coast Guard; this country. It’s not abortion bills or The discussion of what to do with these gun bills. What’s at the top of the list (4) to hold the Government harmless for folks and how to keep them from ille- any claims arising from exposure to haz- is jobs. Let’s put America back to gally possessing a firearm is another ardous materials, including asbestos and pol- work. debate at another time. ychlorinated biphenyls (PCBs), except for I urge my colleagues to vote ‘‘no’’ on Today we’re talking about one thing. claims arising from the use of the vessel by this restrictive rule and vote ‘‘no’’ on We’re talking about legal gun owners the Government; the underlying bill, and let’s bring a to legally travel from one State to an- (5) to bear all costs of transportation and jobs bill to this floor. other that have a concealed weapons delivery of the vessel; I yield back the balance of my time. (6) to bear all costs of vessel disposal in ac- permit. I support that effort, and that’s Mr. NUGENT. Madam Speaker, I am cordance with Federal law when the vessel is always amazed at what goes on in why I’m a proud cosponsor—and stand no longer used as a museum; and these Chambers. We hear from the here today—of H.R. 822 and as the spon- (7) to any other conditions the Com- other side of the aisle about talking sor of this rule, H. Res. 463. mandant considers appropriate. (b) MAINTENANCE AND DELIVERY OF VES- about jobs, even though this House has I encourage my colleagues on both sides of the aisle to support this SEL.—Before conveyance of the vessel under passed 20—20, count them—jobs bills. If this section, the Commandant shall make, to you don’t believe it, read it. strongly—I underline ‘‘strongly’’—bipartisan legislation. the extent practical and subject to other We talk about issues about ‘‘In God Coast Guard mission requirements, every ef- We Trust.’’ I think it is something that With that, I yield back the balance of fort to maintain the integrity of the vessel we should affirm here in America, my time, and I move the previous ques- and its equipment until the time of delivery. about our belief in God. tion on the resolution. (c) OTHER EXCESS EQUIPMENT.—The Com- I believe that the Second Amendment The previous question was ordered. mandant may convey to the recipient of the is not a special interest group. I believe The SPEAKER pro tempore. The vessel under this section any excess equip- the Second Amendment needs to be question is on the resolution. ment or parts from other decommissioned Coast Guard vessels for use to enhance the protected at all costs. You’ve heard The question was taken; and the Speaker pro tempore announced that vessel’s operability and function for purposes some in this House that would take of a public museum and historical display. away our right to even carry or possess the ayes appeared to have it. Mr. LOBIONDO (during the reading). a firearm. Mr. MCGOVERN. Madam Speaker, on Madam Speaker, in 40 years in law that I demand the yeas and nays. Mr. Speaker, I ask unanimous consent enforcement, it wasn’t just guns that The yeas and nays were ordered. to dispense with the reading of the killed people; it was every object imag- The SPEAKER pro tempore. Pursu- amendment. inable, from fists to feet to pipes to ant to clause 8 of rule XX, further pro- The SPEAKER pro tempore. Is there kitchen knives and baseball bats. ceedings on this question will be post- objection to the request of the gen- Madam Speaker, this is about the poned. tleman from New Jersey? ability for those that have a legitimate f There was no objection. The SPEAKER pro tempore. Is there carry permit to go across the State b 1330 line and not be subject to arrest, some- objection to the original request of the one who makes an honest mistake by COAST GUARD AND MARITIME gentleman from New Jersey? going across the State line that doesn’t TRANSPORTATION ACT OF 2011 There was no objection. have a reciprocity agreement with Mr. LOBIONDO. Mr. Speaker, I ask GENERAL LEAVE their current State and they have a unanimous consent that, during fur- Mr. LOBIONDO. Mr. Speaker, I ask carry permit. ther consideration of H.R. 2838 in the unanimous consent that all Members Madam Speaker, this is more about Committee of the Whole pursuant to may have 5 legislative days in which to what’s right with America in regards House Resolution 455, the amendment revise and extend their remarks and in- to upholding our Second Amendment, by Mr. YOUNG of Alaska now at the clude extraneous material on H.R. 2838. our constitutional right. And so those desk be considered as though printed as The SPEAKER pro tempore. Is there that are in favor of doing away with all the last amendment printed in the objection to the request of the gen- types of guns, I guess, it smacks that House Report 112–267 and be debatable tleman from New Jersey? they disagree with our Founding Fa- for 10 minutes. There was no objection. thers and our Second Amendment The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Pursu- right. WOODALL). The Clerk will report the ant to House Resolution 455 and rule Madam Speaker, I support this rule amendment. XVIII, the Chair declares the House in and encourage my colleagues to sup- The Clerk read as follows: the Committee of the Whole House on port it as well. H.R. 822 protects the Amendment offered by Mr. YOUNG of the state of the Union for the further rights of legal gun owners throughout Alaska: consideration of the bill, H.R. 2838. the United States. Page 56, after line 3, insert the following b 1334 I’ve heard this debate this afternoon (and conform the table of contents accord- about the dangers of gun crime. I com- ingly): IN THE COMMITTEE OF THE WHOLE pletely agree. Guns are dangerous tools SEC. 612. CONVEYANCE OF DECOMMISSIONED Accordingly, the House resolved that need to be treated with respect. COAST GUARD CUTTER STORIS. itself into the Committee of the Whole Guns can be used by people to kill (a) IN GENERAL.—The Commandant of the House on the state of the Union for the other people. However, what I saw in Coast Guard shall convey, without consider- further consideration of the bill (H.R. those 40 years as a cop is we need to ation, all right, title, and interest of the 2838) to authorize appropriations for United States in and to the decommissioned talk about these in broader terms. Coast Guard Cutter STORIS (in this section the Coast Guard for fiscal years 2012 What we really need to do is talk about referred to as the ‘‘vessel’’) to the Storis Mu- through 2015, and for other purposes, the difference between legal and illegal seum, a nonprofit entity of Juneau, Alaska, with Mrs. EMERSON (Acting Chair) in guns. if the Storis Museum agrees— the chair.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.044 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7605 The Clerk read the title of the bill. For this reason, I would offer to Mr. PIERLUISI. Madam Chair, I The Acting CHAIR. Pursuant to the withdraw my amendment if the chair- yield myself such time as I may con- order of the House of today, an addi- man will promise to help me work with sume. tional amendment has been made in the Coast Guard to get this common- My amendment will make a narrow order. sense approach made and American and carefully targeted modification to When the Committee of the Whole workers back at work. the Passenger Vessel Services Act of rose on Friday, November 4, 2011, I yield to the chairman. 1886 as it applies to Puerto Rico. This amendment No. 8 printed in House Re- Mr. LOBIONDO. I thank the gen- amendment would authorize foreign- port 112–267 offered by the gentle- tleman from coastal Louisiana. flagged vessels—in particular, large woman from New York (Ms. SLAUGH- As we discussed previously, we will yachts and recreational vessels—to TER) had been disposed of. be very happy to work with the gen- transport tourists and other paying AMENDMENT NO. 13 OFFERED BY MR. LANDRY tleman to see if we can’t figure out a passengers between ports within Puer- The Acting CHAIR. It is now in order way to do this, and I thank him for his to Rico. to consider amendment No. 13 printed cooperative efforts. My amendment would remove an out- in House Report 112–267. Mr. LANDRY. Madam Chairman, I dated obstacle that makes it impos- Mr. LANDRY. Madam Chairwoman, I ask unanimous consent to withdraw sible for the United States to compete have an amendment at the desk. my amendment. with foreign jurisdictions in the Carib- The Acting CHAIR. The Clerk will The Acting CHAIR. Without objec- bean region when it comes to attract- designate the amendment. tion, the amendment is withdrawn. ing investment in nautical tourism. The text of the amendment is as There was no objection. Puerto Rico has the highest unemploy- follows: AMENDMENT NO. 15 OFFERED BY MR. PIERLUISI ment rate in the U.S., and increased At the end of title IV of the committee The Acting CHAIR. It is now in order print, insert the following: nautical tourism has the potential to to consider amendment No. 15 printed create new American jobs and spur eco- SEC. 409. ABILITY FOR U.S.-FLAGGED OFFSHORE in House Report 112–267. SUPPLY VESSELS TO WORK IN nomic growth. OTHER COUNTRIES. Mr. PIERLUISI. I have an amend- Current Federal law already allows Any offshore supply vessel that is in comment at the desk. foreign-flagged vessels to transport The Acting CHAIR. The Clerk will pliance with the damage stability require- tourists and other paying customers ments of section 1.1.4 of the Guidance on Im- designate the amendment. from a port in Puerto Rico to any port plementation of IMO Resolution A.673(16) for The text of the amendment is as fol- in the Caribbean region outside of U.S. Offshore Supply Vessels may carry un- lows: limited amounts of Grade D and E cargoes in Puerto Rico, including to ports in the Page 56, after line 3, insert the following addition to the unlimited amounts of drilling neighboring U.S. Virgin Islands, where new section: fluids outlined in such section 1.1.4 when the act does not apply at all. Yet, con- such vessel is operating seaward of the SEC. 612. TRANSPORTATION OF PASSENGERS BE- TWEEN PORTS IN PUERTO RICO. trary to common sense, these very United States boundary line. Notwithstanding chapter 551 of title 46, same vessels cannot be used to trans- The Acting CHAIR. Pursuant to United States Code, a vessel of 100 gross tons port tourists and other paying pas- House Resolution 455, the gentleman or more not qualified to engage in the coast- sengers between Puerto Rico’s own from Louisiana (Mr. LANDRY) and a wise trade may transport passengers between ports. Member opposed each will control 5 ports in Puerto Rico. For example, individuals and busi- minutes. The Acting CHAIR. Pursuant to nesses cannot charter larger, foreign- The Chair recognizes the gentleman House Resolution 455, the gentleman flagged yachts or recreational vessels from Louisiana. from Puerto Rico (Mr. PIERLUISI) and a for tourists and other customers who Mr. LANDRY. Thank you, Madam Member opposed each will control 5 would like to sail between Puerto Chairman. minutes. Rico’s various marinas. My amendment My amendment is simple. It says The Chair recognizes the gentleman would allow this to happen. that if another country is fine with from Puerto Rico. Madam Chair, the status quo simply having an offshore supply vessel carry Mr. PIERLUISI. I yield 1 minute to defies common sense. Puerto Rico con- a certain cargo in that country’s water, the gentleman from Florida (Mr. MICA). sists of multiple islands and is home to then Coast Guard cannot object to it. Mr. MICA. I thank the gentleman for 3.7 million American citizens. It has I bring this amendment because a yielding, and I would like to yield to company in my district is trying to get over 700 miles of coastline and over 150 the gentleman from Texas for the pur- beaches. It is located in the heart of a vessel certified to operate in Mexico pose of entering into a colloquy. trying to preserve American jobs. Mex- the Caribbean Sea, often recognized as Mr. OLSON. I thank the gentleman the yachting capital of the world. It is ico has okayed the vessel and the AVS for yielding. has said it has no objection. The only surrounded by island nations like the Chairman MICA, H.R. 2838 requires Dominican Republic, Aruba, and the holdup is the Coast Guard. As a result, standby vessels near oil rigs. Subse- the company in my district currently British Virgin Islands, all of which quent to Deepwater Horizon, five major have established thriving nautical has my vessel sitting at the dock and ports have made numerous rec- workers sitting at home and capital tourism industries. Yet the United ommendations for improvements in oil States in general, and Puerto Rico in tied up fighting the regulation. spill prevention and response. Again, my amendment is simple. It particular, have been unable to partici- allows an offshore supply vessel to b 1340 pate in this growing market. carry as much oil as it does drilling Do you agree that it would be pref- According to the U.S. Coast Guard, fluids when that vessel is operating erable to review these recommenda- there are a mere 30 or so recreational outside of U.S. waters if that vessel is tions and then make comprehensive de- vessels now operating in the Caribbean in compliance with the international cisions on prevention and response im- that, under current law, are authorized safety standards for that class vessel. provements rather than to act on a sin- to transport tourists and other paying This is a commonsense change. Drill- gle, limited, expensive response strat- customers between Puerto Rico ports. ing fluids have the same flash point as egy—standby vessels? Nothing could better illustrate how the oil, as such, an equal risk. Thus, there Mr. MICA. I agree with the gen- U.S. jurisdiction of Puerto Rico is should be a uniform standard for how tleman from Texas. being disadvantaged by present law. much of that type of cargo the vessel Mr. OLSON. Will the chairman work As noted, the purpose of my amend- can carry outside of U.S. waters. with me as the process moves forward ment is simple and straightforward. Unfortunately, I don’t believe that to look for oil spill prevention and re- Puerto Rico faces many economic chal- Congress needs to act on this matter. I sponse strategies that are more effec- lenges. The territory’s current unem- believe that the Coast Guard can easily tive and less expensive than standby ployment rate exceeds 15 percent. make the necessary changes by simply vessels? While the increased nautical tourism adopting commonsense language and Mr. MICA. I understand the gentle- that my amendment would allow will listening to the host country. man’s concern. We will work with him. not alone solve these problems, it does

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.047 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7606 CONGRESSIONAL RECORD — HOUSE November 15, 2011 have the potential to make a meaning- tleman from Puerto Rico (Mr. ber opposed each will control 5 min- ful difference for the communities and PIERLUISI). utes. constituencies I represent. The question was taken; and the Act- The Chair recognizes the gentleman I hope my colleagues on both sides of ing Chair announced that the ayes ap- from Alaska. the aisle will support this narrow peared to have it. Mr. YOUNG of Alaska. Madam Chair- amendment, which simply enables the Mr. LARSEN of Washington. Madam man, this is well explained in the unan- United States to compete with foreign Chair, I demand a recorded vote. imous consent by the gentleman from jurisdictions in the Caribbean’s grow- The Acting CHAIR. Pursuant to New Jersey. ing nautical tourism market. clause 6 of rule XVIII, further pro- I just urge the passage of the convey- I reserve the balance of my time. ceedings on the amendment offered by ance of the decommissioned Coast Mr. LARSEN of Washington. Madam the gentleman from Puerto Rico will Guard Cutter STORIS to the nonprofit Chair, I claim the time in opposition. be postponed. organization in Juneau, Alaska, for use The Acting CHAIR. The gentleman is AMENDMENT OFFERED BY MR. YOUNG OF as an historic memorial. recognized for 5 minutes. ALASKA I reserve the balance of my time. Mr. LARSEN of Washington. I reluc- Mr. LARSEN of Washington. Madam tantly rise to object to the amendment The Acting CHAIR. Pursuant to the order of the House of today, it is now Chair, I claim the time in opposition, offered by the gentleman from Puerto but I do not oppose the amendment. Rico, which would undermine the in order to consider the amendment by Mr. YOUNG of Alaska. The Acting CHAIR. Without objec- Jones Act. tion, the gentleman is recognized for 5 The amendment would allow foreign- Mr. YOUNG of Alaska. Madam Chair, minutes. flagged, foreign-built, foreign-owned, I have an amendment at the desk. There was no objection. and foreign-manned vessels over 100 The Acting CHAIR. The Clerk will Mr. LARSEN of Washington. I en- gross tons to carry passengers within designate the amendment. courage my colleagues to support the Puerto Rico. As such, this waiver The text of the amendment is as fol- Young amendment, and I yield back would disadvantage U.S. maritime op- lows: the balance of my time. erators and U.S. seafarers who might Page 56, after line 3, insert the following Mr. YOUNG of Alaska. I yield back otherwise provide such services. In its (and conform the table of contents accordingly): the balance of my time. present form, we cannot support the SEC. 612. CONVEYANCE OF DECOMMISSIONED The Acting CHAIR. The question is amendment. COAST GUARD CUTTER STORIS. I commend the gentleman from Puer- on the amendment offered by the gen- (a) IN GENERAL.—The Commandant of the to Rico for his sincere efforts to expand tleman from Alaska (Mr. YOUNG). Coast Guard shall convey, without consider- The amendment was agreed to. maritime commerce in Puerto Rico, ation, all right, title, and interest of the but I cannot support the amendment United States in and to the decommissioned AMENDMENT NO. 15 OFFERED BY MR. PIERLUISI he has offered today. Coast Guard Cutter STORIS (in this section The Acting CHAIR. Pursuant to With that, I reserve the balance of referred to as the ‘‘vessel’’) to the Storis Mu- clause 6 of rule XVIII, the unfinished my time. seum, a nonprofit entity of Juneau, Alaska, business is the request for a recorded The Acting CHAIR. The gentleman if the Storis Museum agrees— vote on amendment No. 15 printed in from Puerto Rico has 1 minute remain- (1) to use the vessel as a historic memorial, House Report 112–267 by the gentleman make the vessel available to the public as a ing, and the gentleman from Wash- from Puerto Rico (Mr. PIERLUISI) on 1 museum, and work cooperatively with other ington has 4 ⁄2 minutes remaining. museums to provide education on and memo- which further proceedings were post- The gentleman from Washington has rialize the maritime heritage of the vessel poned and on which the ayes prevailed the right to close. and other maritime activities in Alaska, the by voice vote. Mr. PIERLUISI. In closing, Madam Pacific Northwest, the Arctic Ocean, and ad- The Clerk will redesignate the Chair, I hear that there is some opposi- jacent oceans and seas; amendment. tion, but what frustrates me is that (2) not to use the vessel for commercial The Clerk redesignated the amend- there are no specifics. I haven’t yet transportation purposes; ment. heard a specific way in which my pro- (3) to make the vessel available to the United States Government if needed for use RECORDED VOTE posed amendment would harm any The Acting CHAIR. A recorded vote U.S.-flagged vessel or industry. by the Commandant in time of war or a national emergency or based on the critical has been demanded. Indeed, the groups that are sup- needs of the Coast Guard; A recorded vote was ordered. posedly opposing have not been able to (4) to hold the Government harmless for The vote was taken by electronic de- articulate any specific amendment any claims arising from exposure to haz- vice, and there were—ayes 322, noes 100, that I could make to my bill to take ardous materials, including asbestos and pol- not voting 11, as follows: care of their concerns. Rather, their ychlorinated biphenyls (PCBs), except for concerns appear to be more of a gener- claims arising from the use of the vessel by [Roll No. 840] alized and of a vague quality, namely the Government; AYES—322 that they are concerned that allowing (5) to bear all costs of transportation and Ackerman Brooks Conaway delivery of the vessel; any modification or revision to the Adams Brown (FL) Conyers (6) to bear all costs of vessel disposal in ac- Aderholt Buchanan Cooper Passenger Vessel Services Act will cordance with Federal law when the vessel is Akin Bucshon Crawford eventually lead to other requests for no longer used as a museum; and Alexander Buerkle Crenshaw modifications down the line. (7) to any other conditions the Com- Amodei Burgess Crowley Andrews Burton (IN) Cuellar I believe we have to be balanced. mandant considers appropriate. Austria Butterfield Culberson Puerto Rico has been economically (b) MAINTENANCE AND DELIVERY OF VES- Baca Calvert Davis (CA) going through a recession now for 5 SEL.—Before conveyance of the vessel under Bachus Camp Davis (IL) years in a row, and this could make a this section, the Commandant shall make, to Barletta Canseco Davis (KY) Barrow Cantor Denham difference. Helping Puerto Rico helps the extent practical and subject to other Coast Guard mission requirements, every ef- Bartlett Capito Dent the U.S. We are talking, after all, fort to maintain the integrity of the vessel Barton (TX) Capps DesJarlais about an American territory, about Bass (CA) Capuano Deutch and its equipment until the time of delivery. Bass (NH) Carney Dingell American jobs, and about the nautical (c) OTHER EXCESS EQUIPMENT.—The Com- Becerra Carson (IN) Dold tourism industry in Puerto Rico and mandant may convey to the recipient of the Benishek Carter Dreier the U.S. vessel under this section any excess equip- Berg Castor (FL) Duffy I urge my colleagues to support my ment or parts from other decommissioned Berkley Chabot Duncan (SC) amendment. Coast Guard vessels for use to enhance the Biggert Chu Ellison vessel’s operability and function for purposes Bilbray Cicilline Ellmers I yield back the balance of my time. Bilirakis Clarke (MI) Engel Mr. LARSEN of Washington. Madam of a public museum and historical display. Blackburn Clarke (NY) Eshoo Chair, I yield back the balance of my The Acting CHAIR. Pursuant to Bonner Clyburn Farenthold time. House Resolution 455 and the order of Bono Mack Coble Fitzpatrick Boren Coffman (CO) Flake The Acting CHAIR. The question is the House of today, the gentleman Boswell Cohen Flores on the amendment offered by the gen- from Alaska (Mr. YOUNG) and a Mem- Braley (IA) Cole Forbes

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.051 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7607 Fortenberry Lucas Ros-Lehtinen Hunter Matsui Roybal-Allard The SPEAKER pro tempore. Under Foxx Luetkemeyer Roskam Inslee McCarthy (NY) Runyan the rule, the previous question is or- Frank (MA) Luja´ n Ross (AR) Johnson (GA) McCollum Sarbanes Franks (AZ) Lummis Ross (FL) Kind McCotter Scalise dered. Frelinghuysen Lungren, Daniel Rothman (NJ) King (NY) McDermott Schilling Is a separate vote demanded on any Fudge E. Royce Kingston McNerney Scott (VA) amendment to the amendment re- Langevin Meehan Gallegly Maloney Ruppersberger Sherman ported from the Committee of the Garrett Manzullo Rush Larsen (WA) Michaud Shimkus Larson (CT) Miller (MI) Whole? Gerlach Marchant Ryan (OH) Speier Gibbs Marino Ryan (WI) Latham Miller, George Sutton If not, the question is on the amend- Gibson Markey Sa´ nchez, Linda LaTourette Moore Thompson (CA) ment in the nature of a substitute, as Gingrey (GA) Matheson T. Lee (CA) Nadler Tierney Gohmert McCarthy (CA) Sanchez, Loretta Lewis (GA) Owens amended. Gonzalez McCaul Schakowsky Lipinski Pallone Waxman The amendment was agreed to. Goodlatte McClintock Schiff LoBiondo Pastor (AZ) Woolsey The SPEAKER pro tempore. The Gosar McGovern Schmidt Lynch Peterson Young (AK) Gowdy McHenry Schock Mack Rahall question is on the engrossment and Granger McIntyre Schrader third reading of the bill. Graves (GA) McKeon Schwartz NOT VOTING—11 The bill was ordered to be engrossed Graves (MO) McKinley Schweikert Bachmann Costello Kinzinger (IL) and read a third time, and was read the Green, Al McMorris Scott (SC) Bishop (UT) Diaz-Balart Murphy (CT) third time. Griffin (AR) Rodgers Scott, Austin Brady (TX) Gardner Payne Griffith (VA) Meeks Scott, David Carnahan Giffords MOTION TO RECOMMIT Grijalva Mica Sensenbrenner Mr. LARSEN of Washington. Mr. Grimm Miller (FL) Serrano b 1417 Speaker, I have a motion to recommit Guinta Miller (NC) Sessions Mr. DUNCAN of Tennessee, Ms. Guthrie Miller, Gary Sewell at the desk. Gutierrez Moran Shuler WOOLSEY, Ms. MCCOLLUM, Messrs. The SPEAKER pro tempore. Is the Hall Mulvaney Shuster CUMMINGS, LATOURETTE, Ms. gentleman opposed to the bill? Hanna Murphy (PA) Simpson DEGETTE, Messrs. PASTOR of Ari- Harper Myrick Sires Mr. LARSEN of Washington. Mr. Harris Napolitano Slaughter zona, CONNOLLY of Virginia, LYNCH, Speaker, I am opposed to the bill in its Hartzler Neal Smith (NE) Ms. SPEIER, Ms. EDWARDS, Mr. current form. Hastings (FL) Neugebauer Smith (NJ) SCOTT of Virginia, Ms. BALDWIN, Hayworth Noem Smith (TX) The SPEAKER pro tempore. The Messrs. LEWIS of Georgia, MCNER- Heck Nugent Smith (WA) Clerk will report the motion to recom- Heinrich Nunes Southerland NEY, Ms. HIRONO, Mr. FLEMING, Ms. mit. Hensarling Nunnelee Stark MATSUI, Mr. BLUMENAUER, Ms. The Clerk read as follows: Herger Olson Stearns HERRERA BEUTLER, Messrs. Himes Olver Stivers Mr. Larsen of Washington moves to recom- Hinchey Palazzo Stutzman FATTAH, KING of New York, SAR- mit the bill H.R. 2838 to the Committee on Hinojosa Pascrell Sullivan BANES, LANGEVIN, and LARSON of Transportation and Infrastructure with in- Holt Paul Terry Connecticut changed their vote from structions to report the same back to the Hoyer Paulsen Thompson (MS) ‘‘aye’’ to ‘‘no.’’ House forthwith with the following amend- Huelskamp Pearce Thompson (PA) Huizenga (MI) Pelosi Thornberry Ms. BUERKLE, Messrs. NEUGE- ment: Hultgren Pence Tiberi BAUER, MCHENRY, Ms. JENKINS, At the end of the bill, add the following: Hurt Perlmutter Tipton Messrs. PEARCE, CRENSHAW, TITLE VIII—PROHIBITION ON Israel Peters Tonko CONTRACTOR FRAUD, WASTE, AND ABUSE Issa Petri Towns SCHWEIKERT, GARRETT, Mrs. Jackson (IL) Pingree (ME) Tsongas BLACKBURN, Ms. HAYWORTH, Mrs. SEC. 801. PROHIBITION ON CONTRACTOR FRAUD, Jackson Lee Pitts Turner (NY) CAPPS, and Mr. BUCSHON changed WASTE, AND ABUSE. (TX) Platts Turner (OH) their vote from ‘‘no’’ to ‘‘aye.’’ (a) PROHIBITION.—The Secretary of the de- Jenkins Poe (TX) Upton partment in which the Coast Guard is oper- Johnson (IL) Polis Van Hollen So the amendment was agreed to. ating and the Secretary of the Army, acting Johnson (OH) Pompeo Vela´ zquez The result of the vote was announced through the Chief of Engineers, are each pro- Johnson, E. B. Posey Visclosky as above recorded. hibited from awarding a contract or issuing Johnson, Sam Price (GA) Walberg Jones Price (NC) Walden Stated against: a delivery order or task order to a person Jordan Quayle Walsh (IL) Mr. CICILLINE. Mr. Chair, during rollcall that the Secretary finds has been convicted Kaptur Quigley Walz (MN) vote No. 840 on H.R. 2838, I mistakenly re- of— Keating Rangel Wasserman corded my vote as ‘‘aye’’ when I should have (1) fraud or a criminal offense in connec- Kelly Reed Schultz voted ‘‘no.’’ tion with obtaining, attempting to obtain, or Kildee Rehberg Waters performing a contract or subcontract with King (IA) Reichert Watt Mr. SMITH of Washington. Mr. Chair, today the Federal Government; or Kissell Renacci Webster I recorded an erroneous vote on agreeing to Kline Reyes Welch (2) embezzlement, theft, forgery, bribery, Kucinich Ribble West Mr. PIERLUISI’s amendment to H.R. 2838. I in- falsification or destruction of records, mak- Labrador Richardson Westmoreland tended to vote ‘‘no’’ on rollcall vote No. 840, ing false statements, tax evasion, violating Lamborn Richmond Whitfield on agreeing to Mr. PIERLUISI’s amendment to Federal criminal tax laws, or receiving sto- Lance Rigell Wilson (FL) H.R. 2838. len property. Landry Rivera Wilson (SC) The Acting CHAIR (Mr. POE of (b) PERIOD OF DEBARMENT.—If a Secretary Lankford Roby Wittman referred to in subsection (a) finds that a per- Latta Roe (TN) Wolf Texas). The question is on the amend- Levin Rogers (AL) Womack ment in the nature of a substitute, as son has been convicted of a violation de- Lewis (CA) Rogers (KY) Woodall scribed in subsection (a), the person shall be Loebsack Rogers (MI) Yarmuth amended. barred from being awarded a contract or Lofgren, Zoe Rohrabacher Yoder The amendment was agreed to. being issued a delivery order or task order Long Rokita Young (FL) The Acting CHAIR. Under the rule, from the Secretary for the 10-year period be- Lowey Rooney Young (IN) the Committee rises. ginning on the date of the conviction. (c) WAIVER AUTHORITY.—A Secretary re- NOES—100 Accordingly, the Committee rose; and the Speaker pro tempore (Mr. ferred to in subsection (a) may waive the ap- Altmire Cleaver Farr CHAFFETZ) having assumed the chair, plication of subsection (a) in a specific in- Amash Connolly (VA) Fattah stance if the Secretary determines that the Mr. POE of Texas, Acting Chair of the Baldwin Costa Filner waiver is necessary in the national security Berman Courtney Fincher Committee of the Whole House on the interests of the United States. Bishop (GA) Cravaack Fleischmann state of the Union, reported that that Bishop (NY) Critz Fleming b 1420 Black Cummings Garamendi Committee, having had under consider- Blumenauer DeFazio Green, Gene ation the bill (H.R. 2838) to authorize Mr. LARSEN of Washington (during Boustany DeGette Hahn appropriations for the Coast Guard for the reading). Mr. Speaker, I ask unani- Brady (PA) DeLauro Hanabusa Broun (GA) Dicks Hastings (WA) fiscal years 2012 through 2015, and for mous consent that the amendment be Campbell Doggett Herrera Beutler other purposes, and, pursuant to House considered as read. Cardoza Donnelly (IN) Higgins Resolution 455, reported the bill back The SPEAKER pro tempore. Is there Cassidy Doyle Hirono to the House with an amendment objection to the request of the gen- Chaffetz Duncan (TN) Hochul Chandler Edwards Holden adopted in the Committee of the tleman from Washington? Clay Emerson Honda Whole. There was no objection.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.020 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7608 CONGRESSIONAL RECORD — HOUSE November 15, 2011 Mr. LOBIONDO. Mr. Speaker, I re- Engineers from awarding a contract to [Roll No. 841] serve a point of order. a contractor convicted of fraud or a YEAS—189 The SPEAKER pro tempore. A point criminal offense related to obtaining a Ackerman Fudge Napolitano of order is reserved. contract or subcontract with the Fed- Altmire Garamendi Neal The gentleman from Washington is eral Government. Andrews Gonzalez Olver recognized for 5 minutes. It also prohibits a contract for a con- Baca Green, Al Owens Mr. LARSEN of Washington. Mr. Baldwin Green, Gene Pallone tractor convicted of embezzlement, Barrow Grijalva Pascrell Speaker, this final amendment pro- theft, forgery, bribery, falsification or Bass (CA) Gutierrez Pastor (AZ) hibits the U.S. Coast Guard and U.S. destruction of records, making false Becerra Hahn Pelosi Army Corps of Engineers from award- Berkley Hanabusa Perlmutter statements, tax evasion, violating Fed- Berman Hastings (FL) Peters ing contracts to felons convicted of eral criminal tax laws, or receiving Bishop (GA) Heinrich Pingree (ME) contract fraud, waste and abuse. stolen property from participating. Bishop (NY) Higgins Polis It was just 1 month ago, Mr. Speaker, This final amendment ensures that Blumenauer Himes Price (NC) that a Federal magistrate judge in- Boren Hinchey Quigley felons convicted of criminal offenses Boswell Hinojosa Rahall dicted four individuals on an alleged related to receiving government con- Brady (PA) Hirono Rangel bribery and kickback scheme regarding tracts and abusing the public trust will Braley (IA) Hochul Reyes U.S. Army Corps of Engineers’ con- Brown (FL) Holden Richardson no longer stand to benefit from future Butterfield Holt Richmond tracts that defrauded U.S. taxpayers of Federal contracts for at least 10 years. Capps Honda Ross (AR) a minimum of $20 million; taxpayer This amendment will not kill the bill. Capuano Hoyer Rothman (NJ) dollars wasted on BMWs, Rolexes, flat- It will simply immediately add this Cardoza Inslee Roybal-Allard screen televisions, first-class airline Carnahan Israel Ruppersberger taxpayer safeguard, and then the House Carney Jackson (IL) Rush tickets, investment properties across will vote on final passage of the bill Carson (IN) Jackson Lee Ryan (OH) the globe, and the list goes on. In ex- right here and right now. Castor (FL) (TX) Sa´ nchez, Linda change for these kickbacks, the con- Chandler Johnson (GA) T. So I urge my colleagues on both sides Chu Johnson, E. B. Sanchez, Loretta tractors were guaranteed millions in of the aisle to join me in supporting Cicilline Jones Sarbanes sole-sourced, open-ended contracts this final amendment, which will en- Clarke (MI) Kaptur Schakowsky with a total award potential of more sure that we bust waste, fraud, and Clarke (NY) Keating Schiff than $1.7 billion—that’s billion with a Clay Kildee Schrader abuse and throw those kickback cro- Cleaver Kind Schwartz ‘‘B.’’ They were sailing high on tax- nies into the penalty box. Clyburn Kissell Scott (VA) payer dollars while other Americans With that, I yield back the balance of Cohen Kucinich Scott, David Connolly (VA) Langevin Serrano were struggling to stay afloat. my time. When they were arrested, the co- Conyers Larsen (WA) Sewell Mr. LOBIONDO. Mr. Speaker, I with- Cooper Larson (CT) Sherman conspirators had their sights set on a draw the point of order and claim the Costa Lee (CA) Shuler $780 million Corps of Engineers’ con- time in opposition. Costello Levin Sires tract. Fortunately, they were appre- Courtney Lewis (GA) Slaughter The SPEAKER pro tempore. The res- Critz Lipinski Smith (WA) hended before this very large contract ervation is withdrawn. Crowley Loebsack Speier was awarded. The gentleman from New Jersey is Cuellar Lofgren, Zoe Stark Similarly, in August of this year, a Cummings Lowey Sutton recognized for 5 minutes. ´ Federal court grand jury in Norfolk, Davis (CA) Lujan Thompson (CA) Davis (IL) Lynch Thompson (MS) Virginia indicted four coconspirators Mr. LOBIONDO. Mr. Speaker, we’ve had a very bipartisan effort in coming DeFazio Maloney Tierney of multiple alleged criminal charges, DeGette Markey Tonko including conspiracy, theft of public to this point on this Coast Guard legis- DeLauro Matheson Towns money, wire fraud, illegal gratuities, lation in our subcommittee and in our Deutch Matsui Tsongas full committee. And I must say I’m dis- Dicks McCarthy (NY) Van Hollen false statements and money laundering ´ appointed that, with all the coopera- Dingell McCollum Velazquez in connection with a kickback scheme Doggett McDermott Visclosky involving Coast Guard vessel repair tion and back and forth that we’ve had, Donnelly (IN) McGovern Walz (MN) Doyle McIntyre Wasserman contracts. this is an issue that’s never been raised. But not withstanding that, Edwards McNerney Schultz Mr. Speaker, this August 2011 kick- Ellison Meeks Waters back scheme is particularly striking bribery and kickbacks are illegal under Engel Michaud Watt because of the Coast Guard’s spectac- any circumstances. This is redundant. Eshoo Miller (NC) Waxman It’s already illegal to do these things. Farr Miller, George Welch ular contract failures in recent history Fattah Moore Wilson (FL) under the Deepwater program. We all I urge everyone to vote ‘‘no’’ on the Filner Moran Woolsey may recall that under Deepwater, the motion to recommit and ‘‘yes’’ on final Frank (MA) Nadler Yarmuth passage. Coast Guard’s most infamous failure NAYS—235 was the effort to lengthen the Coast I yield back the balance of my time. The SPEAKER pro tempore. Without Adams Calvert Fincher Guard’s existing 110-foot patrol boats Aderholt Camp Fitzpatrick to 123 feet and install new, upgraded in- objection, the previous question is or- Akin Campbell Flake formation technology equipment. After dered on the motion to recommit. Alexander Canseco Fleischmann There was no objection. Amash Cantor Fleming eight boats were delivered, the Coast Amodei Capito Flores Guard determined that the lengthened The SPEAKER pro tempore. The Austria Carter Forbes hulls cracked and were unsafe. question is on the motion to recommit. Bachus Cassidy Fortenberry We simply cannot afford to allow one The question was taken; and the Barletta Chabot Foxx Bartlett Chaffetz Franks (AZ) more dollar of our limited Federal re- Speaker pro tempore announced that Barton (TX) Coble Frelinghuysen sources—of the taxpayers’ limited re- the noes appeared to have it. Bass (NH) Coffman (CO) Gallegly sources—to be wasted. We can help Mr. LARSEN of Washington. Mr. Benishek Cole Garrett Speaker, on that I demand the yeas Berg Conaway Gerlach root out these crony kickbacks with Biggert Cravaack Gibbs this final and straightforward amend- and nays. Bilbray Crawford Gibson ment. This is a plain and simple vote The yeas and nays were ordered. Bilirakis Crenshaw Gingrey (GA) to eliminate fraud, waste and abuse. The SPEAKER pro tempore. Pursu- Bishop (UT) Culberson Gohmert Black Davis (KY) Goodlatte When you hear about contractors ant to clause 8 and clause 9 of rule XX, Blackburn Denham Gosar who engage in the largest corruption this 15-minute vote on the motion to Bonner Dent Gowdy scheme in modern history, like those recommit will be followed by 5-minute Bono Mack DesJarlais Granger Boustany Dold Graves (GA) in the Army Corps, it’s clear they need votes on passage of H.R. 2838, if or- Brooks Dreier Graves (MO) to be put in the penalty box. This final dered, and adoption of House Resolu- Broun (GA) Duffy Griffin (AR) amendment simply says that contrac- tion 463. Buchanan Duncan (SC) Griffith (VA) tors who rip off taxpayers can’t get The vote was taken by electronic de- Bucshon Duncan (TN) Grimm Buerkle Ellmers Guinta more contracts. Specifically, it pro- vice, and there were—yeas 189, nays Burgess Emerson Guthrie hibits the Coast Guard and the Corps of 235, not voting 9, as follows: Burton (IN) Farenthold Hall

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.058 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7609 Hanna McCotter Roskam [Roll No. 842] Brady (PA) Hinojosa Perlmutter Harper McHenry Ross (FL) Braley (IA) Hirono Peters Harris McKeon Royce YEAS—271 Brown (FL) Holt Peterson Hartzler McKinley Runyan Adams Gibbs Noem Butterfield Honda Pingree (ME) Hastings (WA) McMorris Ryan (WI) Aderholt Gibson Nugent Capps Hoyer Polis Hayworth Rodgers Scalise Akin Gingrey (GA) Nunes Capuano Inslee Price (NC) Heck Meehan Schilling Alexander Gohmert Nunnelee Carnahan Israel Quigley Hensarling Mica Schmidt Altmire Goodlatte Olson Carney Jackson (IL) Rangel Herger Miller (FL) Schock Amash Gosar Owens Carson (IN) Jackson Lee Reyes Herrera Beutler Miller (MI) Schweikert Amodei Gowdy Palazzo Castor (FL) (TX) Richmond Huelskamp Miller, Gary Scott (SC) Austria Granger Paul Chu Johnson (GA) Rothman (NJ) Huizenga (MI) Mulvaney Scott, Austin Baca Graves (GA) Paulsen Cicilline Johnson, E. B. Roybal-Allard Hultgren Murphy (PA) Sensenbrenner Bachus Graves (MO) Pearce Clarke (MI) Kaptur Ruppersberger Hunter Myrick Sessions Barletta Green, Gene Pence Clarke (NY) Keating Rush Hurt Neugebauer Shimkus Barrow Griffin (AR) Petri Clay Kildee Sa´ nchez, Linda Issa Noem Shuster Bartlett Griffith (VA) Pitts Cleaver Kucinich T. Jenkins Nugent Simpson Barton (TX) Grimm Platts Clyburn Langevin Sanchez, Loretta Johnson (IL) Nunes Smith (NE) Bass (NH) Guinta Poe (TX) Cohen Larsen (WA) Sarbanes Johnson (OH) Nunnelee Smith (NJ) Benishek Guthrie Pompeo Connolly (VA) Larson (CT) Schakowsky Johnson, Sam Olson Smith (TX) Berg Hall Posey Conyers Lee (CA) Schiff Jordan Palazzo Southerland Biggert Hanna Price (GA) Crowley Levin Schwartz Kelly Paul Stearns Bilbray Harper Quayle Cummings Lewis (GA) Scott (VA) King (IA) Paulsen Stivers Bilirakis Harris Rahall Davis (CA) Lipinski Serrano King (NY) Pearce Stutzman Bishop (GA) Hartzler Reed Davis (IL) Loebsack Sewell Kingston Pence Sullivan Bishop (UT) Hastings (WA) Rehberg DeGette Lofgren, Zoe Sherman Kline Petri Terry Black Hayworth Reichert DeLauro Lowey Sires Labrador Pitts Thompson (PA) Blackburn Heck Renacci Deutch Luja´ n Slaughter Lamborn Platts Thornberry Bonner Heinrich Ribble Dicks Lynch Smith (WA) Lance Poe (TX) Tiberi Bono Mack Hensarling Richardson Doggett Maloney Speier Landry Pompeo Tipton Boren Herger Rigell Doyle Markey Stark Lankford Posey Turner (NY) Boswell Herrera Beutler Rivera Edwards Matsui Sutton Latham Price (GA) Turner (OH) Boustany Higgins Roby Ellison McCarthy (NY) Thompson (CA) LaTourette Quayle Upton Brooks Hochul Roe (TN) Engel McCollum Thompson (MS) Latta Reed Walberg Broun (GA) Holden Rogers (AL) Eshoo McDermott Tierney Lewis (CA) Rehberg Walden Buchanan Huelskamp Rogers (KY) Farr McGovern Tonko LoBiondo Reichert Walsh (IL) Bucshon Huizenga (MI) Rogers (MI) Fattah McNerney Towns Long Renacci Webster Buerkle Hultgren Rohrabacher Filner Meeks Tsongas Lucas Ribble West Burgess Hunter Rokita Frank (MA) Miller (NC) Vela´ zquez Luetkemeyer Rigell Westmoreland Burton (IN) Hurt Rooney Fudge Miller, George Visclosky Lummis Rivera Whitfield Calvert Issa Ros-Lehtinen Garamendi Moore Walz (MN) Lungren, Daniel Roby Wilson (SC) Camp Jenkins Roskam Gonzalez Moran Wasserman E. Roe (TN) Wittman Campbell Johnson (IL) Ross (AR) Green, Al Nadler Schultz Mack Rogers (AL) Wolf Canseco Johnson (OH) Ross (FL) Grijalva Napolitano Waters Manzullo Rogers (KY) Womack Cantor Johnson, Sam Royce Gutierrez Neal Watt Marchant Rogers (MI) Woodall Capito Jones Runyan Hahn Olver Waxman Marino Rohrabacher Yoder Cardoza Jordan Ryan (OH) Hanabusa Pallone Welch McCarthy (CA) Rokita Young (AK) Carter Kelly Ryan (WI) Hastings (FL) Pascrell Wilson (FL) McCaul Rooney Young (FL) Cassidy Kind Scalise Himes Pastor (AZ) Woolsey McClintock Ros-Lehtinen Young (IN) Chabot King (IA) Schilling Hinchey Pelosi Yarmuth NOT VOTING—9 Chaffetz King (NY) Schmidt NOT VOTING—9 Chandler Kingston Schock Bachmann Gardner Murphy (CT) Coble Kissell Schrader Bachmann Gardner Murphy (CT) Brady (TX) Giffords Payne Coffman (CO) Kline Schweikert Brady (TX) Giffords Payne Diaz-Balart Kinzinger (IL) Peterson Cole Labrador Scott (SC) Diaz-Balart Kinzinger (IL) Van Hollen Conaway Lamborn Scott, Austin b 1455 b 1444 Cooper Lance Scott, David Costa Landry Sensenbrenner Messrs. CUMMINGS, CARNEY, Ms. So the motion to recommit was re- Costello Lankford Sessions BROWN of Florida, and Messrs. PAL- jected. Courtney Latham Shimkus Cravaack LaTourette Shuler LONE, COHEN, PASCRELL, and The result of the vote was announced Crawford Latta Shuster LIPINSKI changed their vote from as above recorded. Crenshaw Lewis (CA) Simpson ‘‘yea’’ to ‘‘nay.’’ The SPEAKER pro tempore. The Critz LoBiondo Smith (NE) So the resolution was agreed to. Cuellar Long Smith (NJ) The result of the vote was announced question is on the passage of the bill. Culberson Lucas Smith (TX) The bill was passed. Davis (KY) Luetkemeyer Southerland as above recorded. A motion to reconsider was laid on DeFazio Lummis Stearns A motion to reconsider was laid on the table. Denham Lungren, Daniel Stivers the table. Dent E. Stutzman DesJarlais Mack Sullivan f f Dingell Manzullo Terry EDEN PRAIRIE HIGH SCHOOL: Dold Marchant Thompson (PA) PROVIDING FOR CONSIDERATION Donnelly (IN) Marino Thornberry SCHOLARS AND ATHLETES Dreier Matheson Tiberi (Mr. PAULSEN asked and was given OF H.R. 822, NATIONAL RIGHT-TO- Duffy McCarthy (CA) Tipton CARRY RECIPROCITY ACT OF 2011 Duncan (SC) McCaul Turner (NY) permission to address the House for 1 minute and to revise and extend his re- The SPEAKER pro tempore. The un- Duncan (TN) McClintock Turner (OH) Ellmers McCotter Upton marks.) finished business is the vote on adop- Emerson McHenry Walberg Mr. PAULSEN. Aside from having tion of the resolution (H. Res. 463) pro- Farenthold McIntyre Walden one of the best academic programs in viding for consideration of the bill Fincher McKeon Walsh (IL) Fitzpatrick McKinley Webster Minnesota, the Eden Prairie School (H.R. 822) to amend title 18, United Flake McMorris West District is now home to new State States Code, to provide a national Fleischmann Rodgers Westmoreland champions in two sports: boys’ soccer standard in accordance with which Fleming Meehan Whitfield Flores Mica Wilson (SC) and girls’ volleyball. nonresidents of a State may carry con- Forbes Michaud Wittman Despite going up against an cealed firearms in the State, on which Fortenberry Miller (FL) Wolf undefeated team, the Eden Prairie the yeas and nays were ordered. Foxx Miller (MI) Womack boys’ soccer team struck early, scoring The Clerk read the title of the resolu- Franks (AZ) Miller, Gary Woodall Frelinghuysen Mulvaney Yoder their first goal in the 4th minute of the tion. Gallegly Murphy (PA) Young (AK) 2A State championship. The Eden Prai- The SPEAKER pro tempore. The Garrett Myrick Young (FL) rie Eagles kept up the pressure, question is on the resolution. Gerlach Neugebauer Young (IN) outshooting the opposition and win- This is a 5-minute vote. NAYS—153 ning the game 3–1 while capturing their The vote was taken by electronic de- Ackerman Bass (CA) Berman second State championship since 2002. vice, and there were—yeas 271, nays Andrews Becerra Bishop (NY) Then this past weekend, in what the 153, not voting 9, as follows: Baldwin Berkley Blumenauer Minneapolis Star Tribune deemed

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.033 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7610 CONGRESSIONAL RECORD — HOUSE November 15, 2011 ‘‘epic,’’ the Eden Prairie girls’ Since its founding, the group has do- All of this has been accomplished through volleyball team won the 3A State nated over $2 million in medical equip- the CHC Volunteers’ unwavering commitment championship throughout five sets, by ment and supplies. Many of these dona- to improving the quality of health care in the battling 32 tied scores and 14 lead tions include life-saving diagnostic and Northern Marianas. Every year, the group sets changes, until Eden Prairie took the treatment equipment and other sup- about fundraising with an awe-inspiring vigor: final set 22–20 to win the first State plies that dramatically improve the they host a Thanksgiving raffle, an annual championship ever. quality of life for patients and their Christmas bazaar, walkathons, concerts, and So congratulations to these fantastic families. pancake breakfasts, just to name a few. The student athletes at Eden Prairie High The volunteers have withstood the Volunteers have supported our community in School and also to the coaches. many challenges that have faced our other important ways as well, such as spon- community over the past 25 years, and f soring health conferences and public edu- I think that’s a good indication of their cation programs. They have also served as an INCREASING JOBS AND ECONOMIC ability to successfully navigate the important link between the Commonwealth GROWTH next 25. Health Center and other charitable organiza- (Mr. KINGSTON asked and was given Please join me in celebrating the tions and businesses. The Volunteers have permission to address the House for 1 wonderful men and women who founded come a long way since their initial fundraising, minute and to revise and extend his re- and over the years staffed and sup- which was accomplished by selling cold drinks marks.) ported the Commonwealth Health Cen- and snacks from two portable coolers at the Mr. KINGSTON. Mr. Speaker, I think ter Volunteers Association. hospital. They now operate a full-service gift there are three things that we need to Mr. Speaker, 25 years ago, there were two shop at the hospital to help fund their endeav- do in America in order to increase jobs important developments to better serve the ors. and economic growth. health needs of the people of the Northern A testament to the enduring nature of the Number one, we’ve got to drill our Mariana Islands. One was the opening of the CHC Volunteers Association is that some of own oil. If you drive a car or if you use Commonwealth Health Center; the other, less the original volunteers are still actively in- publicly recognized, but also of great signifi- goods and services that come to you by volved. Twenty-five years after committing to cance, was the formation of the Common- a vehicle using an internal combustion do what they could to improve local health wealth Health Center Volunteers Association. engine, somebody had to drill for that care, Mrs. Amparo LG Tenorio, Mrs. Rita V. A group of forward-thinking and civic-minded gas. Now, do you really believe that Tenorio, and Mrs. Rieko M. Guerrero are still individuals realized the need for volunteer sup- Kuwait and Saudi Arabia and Libya are volunteering. The Volunteers have withstood port and fundraising for the new hospital. An the many challenges that have faced our com- more environmentally sensitive than initial meeting was organized by the late Dr. munity over the past 25 years, and I think we are? Of course not. We can do it in Jose T. Villagomez, Gregorio S. Calvo, Jua- that’s a good indication of their ability to suc- an environmentally sensitive way and nita Dortch, Angie V. Guerrero, Norma Mat- cessfully navigate the next 25. Their continued become oil independent. thews, and Rosa T. Palacios. These founding success not only benefits hospital patients, but Secondly, we need to have tax sim- individuals, and the many more who have an- plification. I’m outraged when I hear swered the call for volunteers, have made crit- it serves our entire population. It is important about people not paying their fair ical contributions to the availability and quality for the youth of today to see all that can be share of taxes. We need to have a Tax of health care in our local community. accomplished through good intentions and Code that is a half-an-inch deep and As in every corner of our country, we in the hard work. The group also serves as a con- miles and miles wide so that everybody Northern Marianas have always faced the stant reminder of the importance of vol- is paying their fair share. issue of bridging the gap between providing unteerism, which is alive and well in the North- Then, thirdly, we need to change the affordable health care and what the true cost ern Mariana Islands. regulatory environment. Regulators of that care is. The CHC Volunteers Associa- Please join me in celebrating the wonderful don’t need to approach businesses with tion has made tremendous contributions to our men and women who founded, and over the an ‘‘I gotcha. I’m against you’’ atti- hospitals and has made an appreciable dif- years staffed and supported, the Common- tude, but as more of a partnership— ference to the experience of every patient who wealth Health Center Volunteers Association. ‘‘Hey, we want to work with you on receives health care in the Northern Marianas. f worker safety and environmental pro- Since its founding, the group has donated b 1500 tection and product liability laws’’— over $2 million in medical equipment and sup- and things like this so that we can plies which have benefited health care needs WHEN YOU MAKE IT IN AMERICA, work for business and nurture respon- on Saipan, Tinian, and Rota. Many of these EVERY AMERICAN CAN MAKE IT sible corporate citizenship. donations include lifesaving diagnostic and The SPEAKER pro tempore (Mr. I think we can do that, and that will treatment equipment such as telemetry ma- HUIZENGA of Michigan). Under the increase our jobs and our economic chines, nebulizers, and hemodialysis chairs. In Speaker’s announced policy of January growth. fact, they have been responsible for the pur- 5, 2011, the gentleman from California f chase of two mammography diagnostic units (Mr. GARAMENDI) is recognized for 60 minutes as the designee of the minor- HONORING THE COMMONWEALTH over the years. The availability of equipment such as this means lives have been saved. It ity leader. HEALTH CENTER VOLUNTEERS Mr. GARAMENDI. Mr. Speaker, we ASSOCIATION also means our residents do not need to travel to receive medical care with the frequency are going to spend the next hour talk- (Mr. SABLAN asked and was given they once did. The group’s current goal is to ing about what’s on the minds of most permission to address the House for 1 raise funds for a hyperbaric chamber, which every American: jobs. How do we get a minute and to revise and extend his re- will cost approximately a quarter million dol- job? What’s it going to take to finally marks.) lars. This will help doctors heal their patients go back to work? There’s a lot of pain Mr. SABLAN. Mr. Speaker, 25 years more effectively. Many of our residents suffer out there, and there’s a lot of suffering. ago, a group of forward-thinking and from diabetes, and the hyperbaric chamber And people really wonder what this civic-minded individuals realized the can be used to assist in healing persistent Congress is going to do to help allevi- need for volunteer support and fund- wounds in these patients and decrease the ate this crisis of unemployment. raising for the new hospital nearing need for amputations. Many of our residents I want to just share a couple of sto- completion in the Northern Mariana Is- and tourists alike enjoy deep-sea diving, and ries and then ask my colleague from lands. So was born the Commonwealth the equipment can also be used to provide New York (Mr. TONKO) to join me. I Health Center Volunteers Association. lifesaving treatment in the event an individual was at a meeting that was set up in The volunteers have made tremendous suffers decompression illness. Other supplies Berkeley, California, at the Lawrence contributions to our hospitals in the Volunteers provide are not lifesaving, but Berkeley National Laboratory, one of Saipan, Tinian, and Rota, and have dramatically improve the quality of life for pa- the premiere laboratories in the United made an appreciable difference to the tients: new bedsheets, televisions, and reclin- States. And the director of the lab was experience of every patient who re- ing chairs, for example. These make extended talking about technology transfer; that ceives health care in the Northern Mar- hospital stays more tolerable than they once is, research, the product of that re- ianas. were. search coming out of the laboratories,

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.063 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7611 and then jobs being created from that, ing it in America, I would like to yield b 1510 and new businesses, the entrepre- to Mr. JOHN LARSON of the great State This supercommittee, by embracing neurial spirit. As he went through his of Connecticut, who is our caucus lead- jobs has an opportunity, unprecedented story, I suddenly was so upset, not by er. opportunity without a cloture vote the research, not by the technology Mr. LARSON of Connecticut. I thank that is used to block, and has been used transfer, but rather by the fact that his the gentleman from California. I thank in the Senate, for over 497 bills that final statement was, ‘‘And this com- him for his leadership on this issue, as we’ve passed, or without poison pill pany is moving to China to manufac- he has repeatedly taken to this floor in amendments in the House to allow an ture the product of this research.’’ And talking about what I think is themati- up-or-down vote on job creation, the I thought to myself, How can that be, cally something that America is in President’s proposals, the proposals that the investment of the American tune with, and that’s the under- that have been put forward by our col- people in the research, the education of standing and the commitment that we leagues on the other side of the aisle. the engineers and scientists, and then need to return to manufacturing, we And while we may disagree in terms of this research coming out of the labora- need to return to our industrial base, our approach and methods, we all agree tory and all of the development work, we need to enhance our innovative about jobs and so why not embrace this but finally we find that the whole skills, we need to make things here in opportunity to create jobs. thing winds up in China? If this should fail, it will fail because So what we want to talk about today, America. So Make It in America has become our agenda. Over the last sev- we didn’t embrace job creation. We at least in part, is this: making it in didn’t embrace the concept of making America. What are the governmental eral weeks, there have been more than 1,000-plus town forums and hearings things here in America. We didn’t do policies that will, once again, create a what Bing Murphy has been doing back situation where we will be making it in where people have discussed the concept of creating jobs and making in Connecticut, and other manufactur- America, and the director of the lab- ers, focusing on and refusing to do any- oratory won’t be telling me in a meet- things here in America. We all know that for every manufacturing job, that thing other than the patriotic thing, ing that, Gee, this great idea is moving which is to invest in your people, in- offshore so that the manufacturing will creates four other service-sector jobs. And this is vitally important. vest in a commitment to America, in- take place in China? The reason he said vest in our manufacturing base so that that the manufacturing was going I visited a company with its presi- we can put this country back to work, overseas is that there was no capital dent, Bing Murphy. The company is grow the economy and lower the deficit formation, no capital available. So I’m called Industrial Air Flow Dynamics. at the same time. going to spend just a few moments on IAFD is a manufacturer in the State of Americans simply want one thing. As this before I turn it over to my col- Connecticut. They make everything they sit across their dinner tables this leagues. right here in America. They compete evening and have these discussions Here is what’s important. This is with foreign companies. They’re beg- with their spouses, all they want is the where innovation is, and this is where ging to make sure that they get more simple dignity that comes from a job. innovation fits into our economy. If skilled workers lined up to do some- We have an agenda. We have an oppor- you take a look, over the last decade, thing that is extraordinarily unique in tunity. Let’s not spoil this chance. the enormous growth in the sales of manufacturing. Let’s take advantage of this oppor- the innovation companies, it’s grown And a recent study and survey in the tunity that we have before us to unite from about $1.5 trillion to $3.1 trillion. State of Connecticut indicated that in the country, put them back to work by And all of this is in an innovation the State alone, 2,500 manufacturing making things here in America. economy. So this is exceedingly impor- jobs were going unfilled because of a I commend the gentleman for his on- tant in the job growth of this country. lack of skills or the appropriate train- going work, and I commend our col- Another thing to keep in mind is ing, and the need, oftentimes, for the leagues that have come to the floor this: The innovative companies create small entrepreneur and manufacturer, this evening to express this deep and the jobs, and they grow quickly. Just who doesn’t have a huge human re- abiding concern about jobs, deficit re- looking at the total GDP—the innova- sources department, to sort through duction, putting this country back to tion companies that I showed in the applicants and to make sure that work, embracing innovation, embrac- previous chart, the total volume, over there’s this opportunity for them to do ing education, and investing in Ameri- 21 percent of the American GDP is in that. But we’re hoping to pilot and lead cans so that we can succeed. these innovation companies. So why is the way in making sure that we’re Thank you so much, and I commend it that this new company can’t find the matching skills with manufacturers as the gentleman from California. capital to build a manufacturing facil- we continue to focus on making things Mr. GARAMENDI. Mr. LARSON, ity in the United States? Well, one of here in America. We all know, as the thank you so very much. You speak the reasons is Wall Street and all the gentleman from California has pointed well of Connecticut and you speak well games that are going on on Wall out, that when you make it in Amer- for Connecticut. Street. But there’s also another one. I guess we are going to do our East- ica, every American can make it. And this is particularly important to West show here. I would just point out California. That is venture capital and We have an opportunity that is before we go there that America has IPOs, the initial public offerings. quickly going to disappear, and that is lost about 40 percent of its manufac- If you take a look at this, you will the supercommittee. We have taken turing jobs in the last 20 years. We can notice that a decade ago, we had a lot the position within the Democratic rebuild it. Most of the economic indica- of public offerings. And over the last Caucus that there’s a very simple equa- tors are that America can be competi- several years, we’ve seen a decline in tion: that job creation equals deficit tive in manufacturing. We need to have the public offerings. What the public reduction. Let me say that again: Job a level playing field, so China currency offerings do is to free up capital by creation equals deficit reduction. We is an issue. going out to the public, offering stock. know from CBO scoring that just get- Mr. TONKO, you’ve been involved in That money then comes back to the ting unemployment—which is at an un- this innovation economy for a long venture capital firms, and this whole acceptable level of more than 14 mil- time. As I recall, you ran the State of process goes round and round and over lion-plus Americans and 25 million New York’s innovation efforts before and over again, creating jobs in innova- Americans that are underemployed— you became a Member of Congress. So tion. This is something we’re going to that if we get the figure of 9.1 percent please share with us today your have to address, and legislation is unemployment to below 7 percent, we thoughts, and we’ll begin once again going to be introduced in the weeks cut the deficit by a third. There is no the East-West show. ahead to address this part of making it other silver bullet. There is no other Mr. TONKO. Thank you, Representa- in America. item before us that brings that ex- tive GARAMENDI, and thank you for So with that as an introduction to traordinary relief that I know people bringing us together for some very one piece of this larger picture of mak- on both sides of the aisle desire. thoughtful dialogue about the highest

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.065 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7612 CONGRESSIONAL RECORD — HOUSE November 15, 2011 priority that is held by Americans about job creation and job retention. on the mind of the Democrats. We want coast to coast, and that is job creation, They know it is about investing in the to make sure that China currency is no job retention. Make no mistake about tools and the tool kits that get us longer used to the advantage. it, there is no other higher priority. those jobs. We are an ideas economy, But there is also something here, and I agree with the previous statements and we need to invest in those ideas, I will take just a couple of seconds be- made by the gentleman from Con- build the prototype, allow it to move fore I turn to my friend from Texas, necticut. Representative LARSON spoke to a manufacturing sector and be ro- American manufacturing does exist. of the absolute simplistic equation of bust in our attempts. Make it in Amer- It’s the great middle class. I want to job creation and retention equals def- ica is the mantra to which we have give you one example where public pol- icit reduction. It doesn’t get plainer, brought the conference, the Demo- icy makes all the difference. Near Sac- simpler, or more sound than that. It is cratic conference, of this House. ramento, there is a very large and very about creating jobs, reducing the def- We are talking in straightforward new heavy manufacturing facility in icit. The job growth will move forward language about revitalizing America’s place. It stretches about a quarter in resolving several of our major issues manufacturing sector. We can do it and mile, maybe almost a half mile. It is out there. we can compete keenly if we do it thousands of square feet of buildings, You know, your focus, Representa- smarter. We don’t necessarily have to and in those buildings they’re manu- tive GARAMENDI, on the initial public do it cheaper. We have to do it smarter. facturing trolley cars, streetcars, light offerings, the IPOs as they’re ref- I have talked in my tours with manu- rail, and they’re also manufacturing lo- erenced, they have dropped precipi- facturing throughout the 21st Congres- comotives. The company is a German tously, and knowing that then is a sional District in the capital region of company. In fact, it’s one of the largest downward spiral that doesn’t find the New York State, I have talked with a manufacturers in the world—it’s Sie- sort of investing that is absolutely es- number of manufacturers. We have mens—and they have moved to Sac- sential is a very troubling notion. You done tours. We have visited and heard ramento to manufacture these pieces of know, many will talk about just leav- front and center from the leadership equipment, transportation equipment, ing it to the capitalist model, let it squad: there are thousands of jobs in because Federal law said that the just work on its own. Well, it’s obvious this country from coast to coast for money from the Federal Government we need to prime the pump in many which skill sets have to be developed. If must be used to buy American made areas. we move to an automated phase of equipment—buy American-made equip- You talked about my role in the manufacturing, there are qualities, ment so that we will, once again, make State of New York. When I served as there are skills, the academics, the an- it in America. the head of the New York State Energy alytical skill sets that are required in b 1520 Research Development Authority, we order for us to move forward aggres- found that investing from the public sively. Now I happen to have two bills that sector sources leveraged tremendous Now there is a sophistication in our do that, that extend that stimulus bill amounts of private sector capital. We society, a sophistication that finds us law into the future not only for trans- see it in this global race. This global creating product lines not yet on the portation but also for solar systems, race on clean energy and innovation is radar screen. People will suggest, they wind, and renewed green energy sys- driven by a robust competition. What will lament that the glory days of man- tem. Our tax money supports it. Let’s we find are the counterparts, the com- ufacturing have passed us by. No, we use our tax money to rebuild the man- petitors to our American industries are need to move forward aggressively and ufacturing base by buying it in Amer- helped along the way with a co-invest- proactively in creating the agenda that ica. ing, if you will, that comes from their will develop the products of the future. I know the view from Texas is also native country. There are those econo- If someone is to suggest that every similar. I’ve heard SHEILA JACKSON mies out there that are co-investing idea out there, every concept of a prod- LEE, the honorable Representative with their private sector. Here we are uct has been conceived, designed, engi- from the area of Houston, speak on this asked to cut dollars for research and neered, manufactured, produced, we are issue. She’s joining us here today on development, cut dollars for partner- kidding ourselves. And so this is an in- the floor. ships, cut dollars for incentives that vestment in the future. This is a vi- Ms. JACKSON LEE of Texas. I thank will inspire that sort of robust quality sionary attempt to pull us along into the gentleman from California and my that is essential if Americans are going an area that was ignored and ignored, colleagues from Ohio, Alabama, Min- to compete and compete effectively that found that ignoring of the manu- nesota, and New York. I think that is a well. So our trends are out there. They facturing sector found us falling into sufficiently far reach to know that this are well documented. the woes of a recession. And so it’s is a national issue. Mr. GARAMENDI, we We saw that we ignored manufac- time now for us to do it smart, to do it thank you from your perch as an in- turing as a sector of the economy. We in a way that invests in our manufac- surer, meaning your experience in in- ignored agriculture, and we focused turing base, celebrates the empower- surance, which is also a source of fund- primarily on service sector. And then ment that small business brings to the ing sometimes. As the insurance indus- very narrowly within that service sec- fabric of our economy, the small busi- try invests, you know that America is tor with the financial sector. We know nesses, the economic engine that pro- not broke and that America can, in what happened. We turned our back, vides the jump start to our economy. fact, create jobs and do it by manufac- let the watchdog leave the cage and They need the assistance, and that has turing. allow for freestyle to go amuck. And been our effort here: talk about revital- So I’m delighted to see the Make It what happened? Across this country izing manufacturing, supporting small In America theme continue over and people who had invested all their life business, moving forward with edu- over again. And let me just share some savings into the trusted hands of port- cation, higher education, and research statistics, because as the supercom- folio activity were found without any and development to move the ideas mittee works, one of the challenges is sort of return. And then America’s economy along. That’s America at her whether or not they are focusing on economy was brought to its knees. best. That’s her pioneer spirit, and let’s creating jobs or just cutting taxes for That is not the kind of outcome we continue to move in that direction. those who do not need tax relief. want here. So we have said hey, let’s go Again, thank you for bringing this Eighty-two percent of Americans say forward and we have witnessed now the dialogue to the floor. it is important for Congress to produce growth of some 2.8 million private sec- Mr. GARAMENDI. Mr. TONKO, thank legislation this year to reduce the Fed- tor jobs. That’s after a trend with the you very much. The view from New eral deficit through a balanced plan Bush recession of 8.2 million jobs lost. York is very similar to the view from combining spending cuts and also en- Just this past election day, I think you California. We’ve lost 40 percent of our suring that all Americans pay their can see some trends out there that are manufacturing jobs. We can get them fair share. In a couple of days, will that finding the public swing to the Demo- back. We need a level playing field. occur or will we have the same old cratic message because they know it is China currency issues are very much same old, which is protecting the rich

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.067 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7613 and not allowing a fair, equal assess- some new concepts in funding, I think culture, and we will maybe talk about ment of one’s responsibility? we can make it. that in a few minutes. Eighty-four percent of Americans say I want to close by simply saying to Ms. JACKSON LEE of Texas. You’re it’s important for Congress to reach a my friends in the private sector, you absolutely right. new Federal spending agreement to complain when we talk about pass the Just one point about Make It In create jobs rehabilitating schools, im- jobs bill. Frankly, I think it’s a com- America and the idea of companies proving needs and public transit and monsense approach—payroll tax relief, such as Siemens, our colleague from preventing layoffs. And 60 percent of hiring the chronically unemployed, California, indicated, that they are in those surveyed think the Federal Gov- putting to work teachers so that class California, rightly so. And we should be ernment should pursue policies to re- sizes can go down, educating your next very, very strong in making sure that duce the gap between the wealthiest workforce, firefighters, police, et our Federal dollars—this is not selfish. few and the less well-off Americans. cetera. It is well documented that our We are probably more expansive and Well, that is what we’re talking about large companies have a very flush cash liberal than many other countries today. flow. It is well documented that our around the world to ensure that if I notice that Mr. GARAMENDI had a major banks, our multinational banks, you’re using our Federal tax dollars, poster on IPOs are down, particularly are well endowed with resources. My you build it and make it in America, small IPOs, and that is a source of cash plea is that all of us become patriots, and you spread it. There’s a company called Caf, and I for investing back into small busi- not party belongers, not card-carrying know that they’re located in New nesses and manufacturing. We did a sign wavers as it relates to what party survey of the manufacturing companies York. We want them to spread some of you’re in, and begin to invest in Amer- that construction and building work in our district. My friends, you can ica. down in Houston, Texas, because turn the corner in your neighborhood Frankly, our President has sta- they’re building a light rail with $900 and find a building that is making bilized—stabilized—the economy. It’s million, potentially, of Federal dollars. something. We do not have to look for not where we want it to be. It’s not So we can do this together, make ev- the large conglomerates. I’m delighted bleeding. It’s not where we want to go, erybody happy, create jobs, and insist that we bailed out the auto industry. but it’s on the surge up. The numbers upon putting our families, our young They are doing well. But you know will show that it can do that. people, and America first in job cre- them. You know they’ll go to Detroit. We need the kind of partnership with ation, building buildup and making it You know they make big things and the private sector that is long overdue, in America. not little things. But we actually found and we need the support by our govern- I thank the gentleman. that our manufacturers were embed- ment of supporting our manufacturing. ded—by the way, our zoning is non- We can come back. Before you know it, b 1530 existent, so we have a little bit more we will be percolating along and being Mr. TONKO. Absolutely. And I think flexibility. But we found these compa- the leader, if you will, of manufac- it is about investing, the key word; in- nies embedded in neighborhoods, down turing, businesses, job creation, and investing our way to a stronger tomor- the street and around the corner from vestment as not arrogantly so but the row, investing our way to opportunity, different neighborhoods. They are right model for the world in how do you in- investing our way to prosperity. I see there amongst us. vest in your people. And I’m looking it all the time. The dollars that were And the question is are we going to forward to that starting with sup- invested from State sources, public go into the 46th week when our friends porting a number of initiatives that sources, and some Federal dollars into on the other side of the aisle do not are already suggested and certainly the capital region of New York that I focus on how to enhance Make It In some that I’m introducing. represent leveraged tremendous pri- America? What I would suggest is that But I am just delighted that we have vate sector dollars with an investment the payroll tax relief would help that is the thinkers that realize that investing in the bottom-line calculation in nano- in the—pass the jobs bill, and access to in America is not the end but the be- technology, in semiconductor science, credit, making sure that banks give ac- ginning of a greater and greater Amer- in chip manufacturing, and in green cess to credit so that the startups can ica. collar workforce development. These have the equal playing field. Mr. TONKO. Thank you, Representa- dynamics are so powerful that they have lifted that region to the first of But also, my friend, these companies tive JACKSON LEE, for your outstanding want to expand. When I visited small leadership on behalf of the Texas dis- all hubs in America for job growth of businesses, happened not to be manu- trict that you represent with your out- the green collar variety, and in the top five as a hub for high-tech growth. So facturers, they all said: Can we have standing leadership on this floor. it happens. When you invest, it hap- money to expand, to create new offices, You’re so right. Everywhere we turn, pens. new services in the doctors’ office, new you can see job creation and what it Now, speaking about sound voices for ways of exploring resources for a small means to the local regional economy. a resurgence in our private sector job energy company? I have a touring concept that we do growth, in our public sector support So I’m here today to challenge the in our district, and we have a round- networks, for those employees, a tre- friends on the other side of the aisle, table discussion routinely held with mendously dynamic voice from our new the Speaker, ready to challenge him to the small business community. And it freshman class, Representative TERRI say: You come from Ohio, a working is just profound to go around and see SEWELL from the great State of Ala- family. You get it, Mr. Speaker. Work how many people are investing in man- bama. with our leader, NANCY PELOSI. Work ufacturing out there; and their product Representative, thank you for join- with our leadership, from the chairman delivery is powerful, and the fact that ing us this afternoon. And I know that of the caucus who has been so eloquent, they’re exporting is an encouraging you’ve been a very powerful voice for JOHN LARSON, on jobs to the whip that and enthusiastic thought. So it’s all job creation, job retention in our econ- talks about Make It In America, Mr. about showcasing what can happen. omy. HOYER, and, of course, our vice chair And just think of it on a grander Ms. SEWELL. Thank you very much. and, of course, our assistant leader, Mr. scale when we provide the I am indeed delighted to join my col- CLYBURN, and our vice chair, Mr. underpinnings of support, when we in- leagues in discussing making it in BECERRA. All of these folks, if I have vest in that concept of manufacturing America. not left out anyone, have been talking and move forward with the incubator I think you will all agree that any time after time of Make It In America. networks and all of the activities that playbook about job creation must have But more importantly, we are not nourish this sort of comeback story as its cornerstone the creation of jobs broke. If we can insist on letting our that is so essential right now after this in our small businesses. And so today I small businesses and our manufactur- economy was brought to its knees by rise in support of small businesses and ers get a leg up and we stop giving an approach that was hard-hearted to entrepreneurs across the Seventh Con- giveaways to those who are the bene- manufacturing. It ignored what was gressional District of Alabama, and in- ficiaries of the Bush tax cuts and begin happening. The same is true in agri- deed this Nation.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.068 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7614 CONGRESSIONAL RECORD — HOUSE November 15, 2011 As America recovers from our eco- bold, new initiatives with common- differently, manufactured differently, nomic recession, we must continue to sense solutions so that we can how value could be added to it. It is make strategic policy decisions that strengthen our economy and create very important. But what it’s going to benefit our economy and encourage job jobs right here in America. take, in part, and what’s been hap- creation. Small businesses play a crit- I thank my colleagues for letting me pening in Ohio is a coalition, I believe, ical role in our economy. They provide join them in this hour in promoting all of working class people, of small busi- jobs, they spur innovation, they indeed that is good in America, and in pro- ness people who recognize that we have strengthen our economy. moting innovation and entrepreneur- to make investments into our States Small businesses are the backbone of ship right here in America by sup- and into our country. our economy and are responsible for porting our small businesses. And what happened in Ohio last week generating half of the Nation’s gross Thank you very much. with the referendum that was trying to national product as well as employing Mr. TONKO. You are most welcome, dismantle the bargaining rights of pub- over half of its workforce. In fact, over Representative SEWELL. lic employees, police, fire, teachers— the past decade and a half, America’s The SPEAKER pro tempore. Under the very people that we need to protect small businesses and entrepreneurs the Speaker’s announced policy of Jan- our communities so that we can have have created 65 percent of all new jobs uary 5, 2011, the gentleman from New good, strong, vibrant small businesses, in this country. That is why I intro- York (Mr. TONKO) will control the re- the very people who are educating our duced H.R. 1730, the Small Business mainder of the hour. kids and our students who are eventu- Start-Up Savings Account Act. More Mr. TONKO. Thank you very much, ally going to go into these businesses— entrepreneurs will benefit if they are Mr. Speaker. were under attack. provided better incentives that will Representative SEWELL, absolutely The upside to this whole thing is that allow them to save and start a new right on in your focus as to the a coalition formed in Ohio, a coalition business. strengthening and the value added of of working class people who get edu- On average, an entrepreneur who small business. cated, get trained, have master’s de- wants to launch a new business spends H.R. 1730 is a powerful response to grees, protect us, go into burning on average $80,000 in their first year in the needs of small business, making buildings, we call them when we get in startup costs. Entrepreneurs often go certain that the savings opportunities, trouble, they deal with all of the soci- into debt to start their own businesses. especially in those early startup years, etal problems that go into their class- Many even use their savings from their are made more valid and more avail- room, but they are committed to edu- retirement accounts to build the capable to small business as a network. cating our young people. Eighty-two ital they need to run those small busi- Certainly the small business commu- out of 88 counties in Ohio helped beat nesses. This bill will allow entre- nity is a tremendous corporate citizen back this attack, and with over 61 per- preneurs to save up to $10,000 per year in the fabric of our communities, and cent of the vote in Ohio, beat back this tax free so they can start their own they get tethered into our commu- attack. And the real upside to this small businesses. Once an individual nities in a way that enables them to whole thing is that a lot of people who starts their small business, funds from grow and prosper, all while adding jobs are in this coalition of police, fire, a savings account can be used for their and providing the intellect and innova- teachers, public employees, as well as operating expenses. tive sort of spirit, which is important. the private sector unions—the auto- The government can’t guarantee a Speaking of colleagues who have workers, the steelworkers, the plumb- company’s success—I think all of us been outstanding voices on job cre- ers, the pipefitters, the piledrivers and would agree with that—but the govern- ation, job retention, we know that millwrights and the ironworkers and ment can knock down barriers that Ohio has been in the news lately. And sheet metal workers, there were a lot prevent hardworking Americans from we have one of those voices from Ohio of these people who used to watch Fox starting their own businesses. serving in the Democratic Caucus, one News. They used to listen to Rush Innovation is the key to keeping whom I am very proud to know and Limbaugh. They used to listen to America number one, and small busi- work with. Representative TIM RYAN, Glenn Beck. And they said, in story nesses have always been at the fore- representing communities like Youngs- after story, after campaigning for this front of American innovation. We can’t town and Akron, has been a very pow- for months, that they realized what’s expect to start and continue to be com- erful force in acknowledging that it’s been happening here. They’ve realized petitive in a global economy without investing in job creation that is our this assault that’s been coming in and making small businesses and the cre- number one concern right now. funded campaigns across the country, ation of small businesses the center- We’ve seen what’s been happening in big money coming in to try to divide piece of our playbook. Ohio. There is an outburst of pride the middle class and try to dismantle As we continue to build our economy, coming from that State about the ac- the agenda. And I believe that this coa- we must give entrepreneurs incentives tivism that is really speaking to and lition, Mr. Speaker, is an opportunity and the tools they need to prosper empowering the middle class. And we for us to have the political coalition right here in America. When American empower the middle class by providing needed to recognize what investments small businesses are given the oppor- jobs. we have to make back into our coun- tunity to grow and thrive, they help re- Representative RYAN, thank you so try. That’s what happened in Ohio. build our country, our country’s mid- very much for being that outstanding dle class, and strengthen our economy. voice. b 1540 We must recommit ourselves to help- Mr. RYAN of Ohio. I thank the gen- People are recognizing that they’ve ing create businesses right here in tleman. been trying to get us divided, who’s in America. He hit the nail right on the head a union, who’s not in a union, who’s in My colleagues have been talking when he was articulating the kind of a public sector union, who’s in a pri- about rebuilding in America and in- things, whether in New York or Ohio or vate sector union, who’s black, who’s vesting in what’s good in America. Our anywhere in the country, really what white, who’s gay, who’s straight; just small businesses are where it’s at. the essence is, and that’s resuscitating divide the middle class, divide the They create the bright and prosperous manufacturing back in the United working class. And this coalition came future that we as Americans want to States. And that needs to be a goal together. ensure. Small businesses will help to throughout the country because of And I believe that if we’re going to out-innovate and out-build our other what it does for the local economy and have the kind of investment, if we’re competitors globally. I urge my col- what it does for the States, what it going to resuscitate manufacturing in leagues to join with me in standing up does for tax revenue, what it does for the United States, if we’re going to re- for small businesses and entrepreneurs the creation of intellectual property, alize that the government certainly across this great Nation and support because there are many people on the can’t do everything, but it has to do H.R. 1730, the Small Business Start-Up factory floor actually thinking about something, it has to make these invest- Savings Act. Now is the time to blend how this product can maybe be made ments into engineers and good, solid

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.069 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7615 public schools, and community col- You talked about government’s role our national farmers’ impacted farms leges, and colleges and Pell Grants, so to plant the garden. Let me just talk under water, valuable farm land being that you can have the work force avail- about another sector just to associate eroded away. And we changed rules? I able to ignite this kind of economic de- with that element of agriculture just mean, it was unacceptable. velopment that’s needed around our for a bit here this afternoon. And just speaking to that hard- country. Why such a struggle on this House heartedness was an exercise for me These are about investment. And to floor to get the dollars for farmers who that was a learning curve because it have 2 to $3 trillion in transportation were impacted by natural disaster? took every bit of providing evidence, and infrastructure investments that I saw record flooding in my district. from pictorial evidence to documenta- need to get made, we now need a polit- We had wonderfully productive soils in tion of loss that finally moved this ical coalition to say, hey, let’s make the upstate regions of New York State. House to respond to the needs of our these investments. Akron, Ohio does You would think that it wasn’t part of farmers. not have $1 billion to finance their some industrial sector, that there So, that being said, it’s about, I combined sewer problem, so let’s put wasn’t an ag sector in our economy. think, investing, as has been said here these building trades workers back to All they were asking for was to have in this special order hour. It’s about in- work, which is going to generate rev- debris removal dollars, to have farm vesting and believing in America. The enue for the City of Akron and Youngs- land restoration, crop land restoration middle class needs that empowerment. town and Cleveland and Pittsburgh and dollars at a time when we were im- They deserve and require it. all these others, which is going to in- pacted by the ravages of Hurricane Think of it. None of the strata can crease their coffers, that they will have Irene and Tropical Storm Lee. Was survive without a powerful middle money to spend on police and fire and that too much to ask? class. Someone needs to build the prod- teachers and investments back into the Well, I’m happy to see that the push uct, someone needs to purchase the community, and then partner with the here in this House coming from those product. Enhancing the purchasing private sector. of us who have visited those districts power, growing consumer demand will Ultimately, at the end of the day, the and really pushed the agenda are able drive private sector jobs growth. More private sector has got to come in and to account for $338.6 million being expectation, more desire to buy prod- drive this revolution, without a doubt. added so that we can take programs ucts, you put more people on, you de- But it is time for us to make the in- like the Emergency Conservation Pro- velop product line. It works. It’s a simplistic thing to vestments necessary that are going to gram, the Emergency Water Protection follow. It’s a pattern that’s sensible. allow the private sector to come in Program, and allow for restoration of And so what we want to do is make cer- here and make the private investments farm land, debris removal and all the tain that we empower that middle that will lead to job creation. So the activities that will drive productivity class. We’ve seen a lot of outbursts bills that we have and that we’re offer- back to the farm. about the social and economic injus- ing are an alternative vision. All they were asking for was a tice out there, and it’s about providing I’ll tell one quick story. We were hav- chance to recover from the forces of a reasonable approach so that our mid- ing a conversation one day, a Member Mother Nature. And if you can’t assist of Congress and I, one from the other dle class can be vibrant again. in a situation like that, if it took this party, talking about investments into I think it’s what people were stating tug of war, if it took advocacy, if it the semiconductor industry. And they a week ago at the polls. They were say- took putting a bill in the House to were down here lobbying, the semicon- ing, we’re listening to the Democrats’ really push everyone to move on behalf ductor industry was down here lob- message; we’re embracing it and we’re of our farmers—you know, I voted bying on investments that need to be shifting our loyalties. We’re now choos- against that original package because made. ing to side with those who are talking And one of our colleagues said well, they said zero additional aid for the ag about a wise approach, investing in job that’s why we’re giving you tax cuts, community. Unacceptable. creation, which equals deficit reduc- so that you guys in your business can So you talk about government plant- tion. Basic, simple, sound. make these investments. And the four ing the garden. That’s just a sampling Mr. RYAN of Ohio. And I don’t think or five CEOs said, you don’t under- of investing that was critical so you anybody’s of the illusion that somehow stand. We’re talking about billions of could keep those ag forces going, those a coalition like this is going to agree dollars that need to get invested in ag related jobs. Absolutely critical, not on every issue. But what happened in order for the semiconductor industry only to our economic recovery, but to Ohio was that there was a to go in and partner and use the tech- the nutritional impact that it bears for prioritization of what really matters, nology and the research that has been all of America’s families. of what are the fundamental issues developed. Mr. RYAN of Ohio. If the gentleman that it means to be an American, and So it’s the government’s job to plant will yield, I think there’s really some- what’s the recipe that America always the garden, to till the soil, the sun- thing to this idea that there’s a lot of had that led to our success. light, the water, to grow the plant, and things that happen that support our It wasn’t an accident that we jumped then let the private sector come in and economy that we take for granted, that the Soviet Union in the race to space. pick the fruits and the vegetables that we don’t see all the time. And I think It was a concerted effort on behalf of they may need. That’s what we’ve al- what you’re talking about, with farm- the government, private industry and ways done in this country, whether it ers, you know, food just arrives at the the people in the country. And we had was military research, NASA, NIH, grocery store. You know, a lot of us this recipe that was investments and that’s what we did, and that’s been a don’t pay enough attention to all the infrastructure and research and edu- recipe for success for us. intricacies that go into that getting cation and making sure we had good So I’m excited about what’s going on there. regulations in the financial industry. in Ohio because I think we finally have The same with the police, same with And we were the world power for a the political coalition that is needed to the fire, same with the teachers. You long, long time, and we still are. give politicians and leaders in the take it for granted that this is always But we’ve seen the decrease in wages State and country the backing that going to be there. But these people who or stagnant wages for 30 years, and at- they need to push this kind of agenda. are sanitation workers in your city or tacking the workers now to say, as Mr. TONKO. Representative RYAN, town are essential to the functioning of they were in Ohio, that it’s your fault. what a great coalescing going on in our commerce, and so we’ve got to pay You’re making too much. Ohio, and what a statement by the attention to this stuff and reinvest There was a great placard at one of middle class, of people of all back- back into it. the rallies. The guy said, I make $30,000 grounds coming together speaking with Mr. TONKO. And it took putting the a year, I have a Master’s Degree and one voice, based on a common thread of flood lights on to the situation, where I’m the problem. So this is the kind of jobs, the dignity of work, powerful in the middle of tragedy we’re looking coalition I think we need. statement. And we should all be moti- to change the rules; we are looking for I think it gets to, hopefully, a new al- vated and inspired by that outcome. offsets in order to provide assistance to ternative vision for the country and for

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.071 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7616 CONGRESSIONAL RECORD — HOUSE November 15, 2011 our government which, to me, is it’s workers who are sitting there every attached to the great thinking out not about government being too big or day thinking about how this can be there, the overwhelming thinking of too small. It’s about the government done better. Americans. working. We have so much potential within Mr. GARAMENDI. Mr. TONKO, thank And if the people, the working class the workforce that is undeveloped, un- you very much for carrying on; and, people see that the government is tapped, and not utilized properly that Mr. RYAN, thank you for your insight working, that it is regulating its mar- could lift us up and help us create this into what is so obvious. The American kets, making wise investments, recog- whole new economy that is going to people do not want their rights taken nizing the value of education and the get created somewhere by somebody away from them. They have the right investments we need to make, then somehow, and it might as well be us. of collective bargaining; you’re quite they’re going to vote in who’s ever And if we make the proper invest- correct about that. doing that. ments, we have the talent and the cre- Excuse me for having to step out. My But this shrink it and drown it in the ativity in the country to make it hap- constituents from California were here bathtub and don’t make the kind of in- pen. But I think it gets back to having in town, and interestingly enough, vestments that we made for so many a general respect for the workers. they were talking about one of the jobs different years is not a recipe for suc- We had firefighters that I met make programs that we really need to do. cess. It’s a recipe for disaster. 30 runs in one day on a rig and get paid I represent the central valley of Cali- 40-some thousand dollars a year. And fornia, the great California Delta, the b 1550 the runs aren’t like me and you run- Sacramento-San Joaquin Delta, the Mr. TONKO. I think the people feel ning over to vote. They’re runs into largest estuary on the west coast of the at risk when they believe that those burning buildings. Western Hemisphere, and there’s al- who have this highest concentration of Mr. TONKO. With a lot of weight on ways been severe flooding problems in wealth have just so much influence on your back. that area. So they were asking about the outcome in Washington that it’s Mr. RYAN of Ohio. Carrying oxygen how are we going to fund the necessary unacceptable. And they now know tanks and everything else. And there flood projects. who’s paid the price. just has been a disrespect for that kind It’s been a long, long history of the You know, the middle class, when of work—the sanitation worker, the Federal Government through the Corps given the opportunity, remains silent, custodian, the teacher—pushing the of Engineers supporting the construc- or at least mildly content. When you blame of all society’s problems onto tion of levees and other flood protec- take that away and you then involve these public workers in that instance. tion devices. But all of that seems to this unjust outcome to impact them, Then, now in Ohio, for example, be ramping down as this mania of cut, then they get angry. they’re coming in and they want to slash, and burn the budget occurs So the outburst here is we need the make it a right-to-work State. So around here. Now, the President offered the Amer- investing. We want our children to those building trade folks who we’re ican Jobs Act; and in the American have the opportunity to reach for the going to try to get back to work, Jobs Act, there’s $50 billion for infra- American Dream. It has always been there’s 20 percent unemployment in the structure, part of which is water sys- the passion that drives this country. trade. We’re trying to get them back to tems, sanitation systems, road trans- And when you talked about the global work with the infrastructure invest- portation systems, but also flood con- race on space during the JFK years, ments that we need to make. To say to trol systems—desperately needed in President Kennedy acknowledged up them, ‘‘You’re not going to be allowed our area. We could probably employ a front we’re going to do this, not be- to have a fundamental right of collec- cause it’s easy, but because it’s hard. couple hundred thousand construction tively bargaining and to be able to ne- workers immediately if somehow this People know that these are tough de- gotiate contracts, and it’s going to di- cisions, but they also want to hear the House were to pass the American Jobs minish the wages and everything else,’’ Act. commitment. They want to hear con- similar to what happened or what they So I’m just thinking about the rela- viction. Are we going to support, are wanted to do in Ohio—it’s about re- tionship of what we’re talking about we going to be the underpinnings of specting these people. And when you here on the floor and what my con- human infrastructure, the development respect them, they’ll come to perform, stituents were talking about, the ne- of a workforce, training, retraining, but it takes those investments and cessity of developing water projects as education, higher education; incentives that general appreciation. well as flood control. We really ought that provide for research so you can be Mr. TONKO. And essential services to do that, because we can take these a land of discovery, a land of creating that are performed. unemployed construction workers, sev- product line, of traveling into new You talked about water and sewer eral hundred thousand of them who are spheres of influence that can just ex- opportunities, the construction now receiving unemployment checks— press the magnanimous quality of projects that we require. It’s about they’re tax takers. We can put them to America and all she offers? human infrastructure, capital infra- work building the infrastructure, the When you suffocate those areas of po- structure, physical infrastructure. If foundation for tomorrow’s economy, tential, you’re denying the middle we feed that with soundness of invest- and they become taxpayers. class its chance at the American ment—not just spending and throwing You started off this conversation Dream. And that’s what this is about. money at something, but with an ac- with something that is so very, very People see undue influence coming countable plan, one with a vision, one true—I guess Mr. LARSON did—and that from a very few and denying the vast with goals, one that embraces a sound- is the best way to deal with the deficit majority their chance at the American ness of future—we are ahead of the race is put Americans back to work. It was Dream. And that’s what this Nation of anyone else out there. We can main- an interesting side bar to our work has always been about. It’s been there tain the soundness of leadership in this here on the floor; but it fits so well as an ideal. It’s been a beacon of hope. global economy if we believe in our- with what we’re talking about here, It’s seen as a garden of opportunity, selves, if we believe in the American which is jobs, putting people back to and we need to culture, move that cul- Dream, if we invest. work, using our collective powers of ture forward in a way that is driven by We’ve been joined by Representative citizens of this great country to em- sound programs, sound projects, sound JOHN GARAMENDI from the great State ploy people by building the foundation policy. It’s about the programs, of California. He kicked us off. The for future economic growth. And you projects, and policies. hour came into my hands, and now mentioned education as one of those Mr. RYAN of Ohio. And a respect for you’re back to revisit. So we thank you pieces. There’s so much to do. the workers who are ultimately going Representative GARAMENDI, again, for If you would kind of wrap us up. I to elevate this. And we see that within serving as inspiration to really get the think we’ve got 3 or 4 minutes, and we manufacturing, how the ideas and the thought process moving and verbalize can go from there. intellectual property that come from where we are as a powerful conference It’s been a good afternoon sharing the factory floor are driven by those in this House and where I think we’ve our thoughts about how we can create

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.072 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7617 jobs, get Americans back to work, get Research, as I discussed earlier, from So you can imagine the surprise I our economy back to work. And the our laboratories and our universities of had when I got to Congress and realized President’s laid out a good, bold pro- the new products. we don’t balance our budget at the gram. We need to make sure the research is Federal level, that we don’t balance Incidentally, it’s paid for. We’re not there and then take the research out of our checkbook. I was amazed why we going to borrow money to put these the laboratories and create the new don’t do this. Maybe that’s the reason construction workers back to work. products—making it in America be- we continue to have bloated spending It’s paid for. The way it’s paid for is cause manufacturing matters. that is weighing down, not just the fu- that those 1 percent of Americans, the The fourth thing is the infrastructure that lays before us, but our chil- superwealthy who’ve had an income of ture, which I was discussing and that I dren’s future and their children’s fu- more than a million dollars a year know you discussed while I was gone ture. after all of the deductions—that’s after here, and laying the foundation upon In 1982, Ronald Reagan said regarding adjusted gross income, a million dol- which the economy will grow—trans- a balanced budget that only a constitu- lars or more—they have enjoyed enor- portation, communication, sanitation, tional amendment will do the job. He mous tax reductions over the last 11 water-flood protection—all of those in- said, We’ve tried the carrot and it years, what we would ask is some basic frastructure items. failed. With the stick of a balanced fairness, that they contribute to put- Then we need to always think in this budget amendment, we can stop gov- ting Americans back to work with a context about our Nation’s security ernment’s squandering, overtaxing small increase in their taxes over and and use our money wisely to provide ways and save our economy. above a million dollars. No increase the kind of defense and security that Man, that was 29 years ago. I’ve got below. we need. That’s also an energy issue, to repeat that because that’s kind of Mr. TONKO. Well, I think to just which we didn’t bring up today but like where we are today. match some words to what your most that we will the next time we talk. Only a constitutional amendment recent statement was, we have to think Finally, the sixth thing is one that I will do the job. We’ve tried the carrot back, too, and look at recent history to think is so very, very important, which and it failed. With the stick of a bal- have it speak to us. We borrowed to- is the willingness to change. What we anced budget amendment, we can stop tally for the millionaire-billionaire tax did yesterday will probably not work government’s squandering, overtaxing cuts and for two wars that were being today or tomorrow, so we must always ways and save our economy. fought, and now we wonder why we be willing to change and not be stuck Ronald Reagan was right. In fact, in have a problem, a deficit situation, and back in the 1790s, but rather deal with 1995, under legislation that was in the why we want to blame the worker. the reality of the world in which we House, which was controlled by the Re- Now, look. We say it’s about invest- live today and change our systems and publicans under Newt Gingrich, they ing in the human fabric, in the core in- be willing to adapt and change. tried to pass a balanced budget amend- dividual, making certain that the Mr. TONKO. This has been a Special ment. Lost it by one vote. I believe to- skills that can be unleashed by that in- Order hour that I’ve enjoyed. I thank morrow or the next day or sometime vestment are put into a work situation the gentleman from California. this week, under the leadership of JOHN that can enable us to be a nation of dis- Mr. GARAMENDI. And I thank you. BOEHNER, we’re going to try this same covery, a nation of innovation, of de- Mr. TONKO. Mr. Speaker, I yield thing again. I just think it’s impera- sign, of invention. That’s America in back the balance of my time. tive that we don’t lose that vote. her greatest moments, and I think f The American people, I believe, are those moments lie ahead of us. on the side of myself and my female I’m optimistic that if we do this plan GOP WOMEN’S HOUR: A BALANCED colleagues who are going to join me of investment, we will see tremendous BUDGET AMENDMENT here this afternoon, because the Amer- growth in our economy. We will see our The SPEAKER pro tempore (Mr. ican people get the fact that we are not competitive edge in the global market RIBBLE). Under the Speaker’s an- balancing the checkbook. When we get all the sharper and more keen. nounced policy of January 5, 2011, the don’t balance the checkbook, we don’t However, it takes that investment. It gentlewoman from Ohio (Mrs. SCHMIDT) know what we’re spending. If we don’t takes that vision, laser sharp, and it is recognized for 60 minutes as the des- know what we’re spending, we don’t takes the commitment to stand up ignee of the majority leader. know how to correct our past mistakes against this tide to just slash and burn, Mrs. SCHMIDT. Thank you, Mr. and plan appropriately for the future. as you indicated, after so many were Speaker. So, in the last election in 2010, when witnessing that the very few were Today, I really want to talk about a lot of seats were changed in this very given a gift for which we borrowed. something that I think is very critical room, I believe it was a mandate by the b 1600 for this Nation. It’s about how we get citizens of our great Nation who said, Now we’re asking for someone else to our spending in order. Enough is enough. Stop the spending have their turn—America’s middle I came from local government before and stop it now. The United States is class. I got here and then State government staring down the barrel of a $15 trillion Pursuing the American Dream de- before I got here. Actually, I came accumulation of debt. $3.7 trillion of serves that sort of attention. It de- from a household where I ran the new debt in just 2 years is more than a serves the dignity of work. It deserves checking account for my husband and figure, my colleagues—it is a wake-up the respect of those who lead this Na- myself and our family. In all cases, I call. tion, and for them to do it in a fashion balanced things. When I made out my When President Obama took office, that is going to respond in fullest bills once a month, I did what this lady he said he would correct the problem, measure. is doing right here: I balanced the and in 2009, he put out an $821 billion Representative GARAMENDI, it has checkbook first to see how much stimulus program to stimulate the been a pleasure to join with you on the money I had in the account so I knew economy. Of course it cost us over $1 floor. how much I was spending and, more trillion with interest because, you see, Mr. GARAMENDI. The gentleman importantly, whether I was over- we didn’t balance the checkbook, so we from New York says it so eloquently. spending, so that next month I could really didn’t know what that was going Long ago, I did a study of the Cali- ratchet back on the spending to bal- to cost. Guess what? It didn’t stimulate fornia economy. We decided there were ance things out. When I was a township the economy. It didn’t resolve unem- basically five things that needed to be trustee, the same thing. We looked at ployment. done, and now, from the Federal level, our revenue sheets and our income For the last 33 months, it has been I’d add a sixth. They are the things sheets at every single meeting twice a over 8 percent. In fact, for 31 of 33 that you’ve been talking about: month and balanced things out. In months, it has been at 9 percent or Education, the best education in the Ohio, like 49 other States, we have to higher. In October of this year, 14 mil- world, so that our workers are capable balance our State budget, in our case, lion workers were unemployed, with an of carrying on the new tasks. every 2 years. additional 8.9 million working part

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.074 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7618 CONGRESSIONAL RECORD — HOUSE November 15, 2011 time because they couldn’t find full- Federal Government be allowed to do balanced budget amendment, and we time work. There were 2.5 million that either? need it now. workers who were available for work So I would just say to my colleagues But if you don’t want to take my but who had to stop actively searching on the other side of the aisle in both word for it, you can take the word of because of poor economic conditions. the House and the Senate, let’s do this our colleagues from across the aisle All told, over 16 percent of the United together. Let’s do this for the Amer- who, in the past few years, have said States workforce is now unemployed or ican people. Let’s do this for all the things like this: ‘‘The issue of bal- underemployed. I truly believe it’s be- people that are out of work who are ancing the budget is not a conservative cause we can’t get our fiscal house in looking to us to lead by example and or liberal one, nor is it an easy one; but order right here on Capitol Hill, and I get our fiscal house in order, just like it is an essential one.’’ Or again, I believe the linchpin in all that is a bal- the millions of hardworking, tax-pay- quote a friend from across the aisle, anced budget amendment. ing Americans do every single day. ‘‘I’m proud to be part of a coalition I’m going to turn right now to one of Thank you for the opportunity again that is actively working to begin put- my colleagues to have her weigh in on to share this hour with you. ting our country back on secure eco- this, the gentlelady from the good Mrs. SCHMIDT. I thank my colleague nomic footing. The balanced budget State of Alabama. from Alabama. amendment won’t achieve that all by Mrs. ROBY. I thank my friend from I would just like to add with all of itself, but it will help ensure that we Ohio for yielding, and I do appreciate this that I think the reason why we don’t repeat the mistakes that helped the opportunity to spend time again have such uncertainty in the market- create our current situation.’’ And fi- with my GOP women colleagues here place with the job creators is because nally, again, I quote a friend from on the floor to talk about these impor- they’re looking at us and are saying, across the aisle, ‘‘This amendment tant issues. You lack fiscal discipline here on Cap- would send a strong signal to the finan- With your visual here on the floor, I itol Hill. cial markets, U.S. businesses, and the think you have really done a great job One of my colleagues said to me, American people that we are serious of encapsulating what the issue is, Well, why do we need a balanced budg- about stabilizing our economy for the which is that hardworking American et amendment to do this? Well, quite long term.’’ And what did the Demo- taxpayers are balancing their budgets frankly, because it will tie our hands crat leadership say about this very every single day. That’s why almost 75 and force us to do what every single issue in past years? They said they percent of Americans are with us on American is doing across the Nation, would welcome it. But what are they this. They want this balanced budget which is looking at their cash on hand saying today? No. They’re whipping amendment, and this is a bipartisan ac- to figure out how much they’ve got and against it. tion that can be taken in order to re- how much they can spend, balancing It is time for our friends across the store fiscal sanity. We know that every the checkbook before they even at- aisle to put our children before their day there are more and more Ameri- tempt to pay a bill. And if you don’t politics. Stop fighting this landmark cans who are out of work and that have it in the form of an amendment, achievement out of sheer partisan there are more and more Americans future legislators will be able to undo spite, and do the right things. We all who have just given up looking for a anything we do here today or tomor- need to support this measure not be- job. We’re not setting a real good ex- row, and that’s why the amendment is cause it’s easy, but we need to show the ample here in Congress when we can’t critical. It will force us to do what 49 courage because this is what matters. get our fiscal house in order. out of 50 States already do, which is So let’s come together to take a stand what local governments do all across for fiscal responsibility, show our kids b 1610 Ohio and across the Nation, which is and grandkids that we cherish their fu- I just want to point back to our jobs what families do at their kitchen table ture, and pass the balanced budget agenda, the 22 bills that we have sit- each and every month, if not more amendment. ting over in the hands of the Senate than a month, balance the checkbook Mrs. SCHMIDT. I thank my colleague right now that we know will get gov- and figure out what’s in there. from Kansas. And I couldn’t agree with ernment out of the way so that the pri- I now would like to yield to my other you more. The passage of a balanced vate sector can do what they do best, good friend, the gentlewoman from budget amendment will legally prevent and that is create jobs. You know, Kansas. us from spending more than we take in. there are so many men and women, Ms. JENKINS. I thank the gentlelady It is the only method guaranteed to small business owners throughout this for yielding, and I thank you for your control our spending. By controlling country that are looking to us to re- leadership on this important issue. our spending, we will lower the deficit, duce the size of government, get the As a CPA who spent nearly two dec- which will lower interest rates, which job-killing regulations out of the way. ades helping American families chart will contribute to greater economic And they have capital to invest, to cre- their way toward fiscal responsibility, growth. The passage of a balanced ate jobs, but they’re not doing it be- I can tell you that if you want to get budget amendment will provide job cause of the uncertainty associated serious about getting your finances in creators with a better understanding of with what’s going on right here in order, then the very first thing you the economic environment in which Washington, D.C. have to do is balance your budget. If we they can expect to do business—that’s Here we have a proposal before us. want to see our economy moving again, called certainty—thereby encouraging We have a way for us to restore this if we want to see the job market grow- investment and expansion. I could go fiscal sanity; and that is for us to bal- ing again, if we want to ensure that we on and on. ance our budget, not spend more remain the most powerful and pros- I will now turn to my good friend money than we bring in. We’ve talked perous nation on Earth, then we must from Florida because I want to hear about this before when we were down balance our budget. your thoughts on this balanced budget here during the debt ceiling debate. Yet if we’ve learned one thing over amendment. You can’t pick up the phone and call the past few years, it’s that we can’t Ms. ROS-LEHTINEN. I thank the your credit card company and say, expect Washington to balance its books gentlelady from Ohio for yielding to Hey, I owe you all this money, and I on its own. To really force the tough me, and I congratulate her for her lead- can’t make my monthly payment, and spending decisions and to ensure we ership on this very important fiscal I can’t make the interest payment, so spend our money as efficiently as pos- issue that really permeates throughout can you make me another loan just so sible, we must require that Washington our society and throughout our fami- I can pay the interest payment on the balance its budget. To put it frankly, lies and throughout the entire budg- money that I already owe you? That’s America needs a balanced budget etary crisis that we find ourselves in. where this Federal Government is right amendment. We came close 16 years I’m so pleased that for the first time now. Now if you can’t do that from ago; but since then, our national debt in nearly 15 years the House will be your kitchen table with the bills that has grown from $4 trillion to $15 tril- voting this week on a constitutional you owe, why in the world should the lion. We’re facing a crisis. We need a amendment to balance the Federal

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.076 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7619 budget. As a mother and a grand- us, tie our hands from spending more doing this and doing it this week be- mother, I have long supported this pro- than we take in. It’s the only method cause I do not believe we can wait any posal. It will ensure that we fix the available to control spending in Wash- longer. You know, the United States, burden—and that’s what it is, the bur- ington, and it will lower our interest as was said before, has spent almost $15 den of endless deficits that has fallen rates which will contribute to eco- trillion of accumulated debt, 3.7 of new on future generations. Unfortunately, nomic growth. debt in just 2 years. It’s an alarming as you know, Mrs. SCHMIDT, the need This balanced budget amendment is a figure. No wonder our bond creditors for this amendment has never been job creator because it puts certainty are looking at us and shaking their fin- greater. A constitutional amendment back into the marketplace. It will re- gers. can set us on a path to long-term fiscal move legislative gimmicks—you know, Our spending driven debt crisis poses stability and restore confidence after the kind of accounting gimmicks that a lethal threat to our country’s eco- decades of deficits. say we’ve cut when we really haven’t— nomic recovery, our national security Two years ago, the United States ex- from the budgeting process because it and our sovereignty and the standard perienced its first trillion-dollar Fed- will be just like what this woman is of living for future generations. And, eral budget deficit. We thought things doing with her checkbook, how much Mr. Speaker, I have a stake in these fu- were bad then. Last year, we experi- in, how much is going out, are we in ture generations because not only do I enced our second trillion-dollar deficit. the black or are we in the red. have a wonderful daughter and a great We thought things were bad then. This Since the passage of a balanced budg- son-in-law, but I have the two best year, our annual deficit has reached et amendment, or the attempt to pass grandsons a grandmother could ever over $1.3 trillion, the third trillion-dol- a balanced budget amendment in 1995 have. And I look at them and I see such lar-plus deficit in our Nation’s history. by a bipartisan House and its subse- potential in their eye. And I look at It took the United States over 200 quent failure by one vote in the Sen- them and I remember how my ances- years, from the presidency of George ate, the national debt has grown by $9 tors came from Ellis Island with noth- Washington to the presidency of Bill trillion. You know, if we just had that ing but pennies in their pockets, maybe Clinton, to amass the amount of debt courageous person in the Senate in 1995 not even pennies, how my own father that was added since the year 2006. to say yes, I dare say we wouldn’t be in started with nothing and worked and That is shocking. And according to the the position we are in today. The pas- worked and worked to put food on the U.S. Treasury Department, our Na- sage of a balanced budget amendment table and give us the promise for a bet- tion’s debt currently stands at nearly would be a key step to rebuild, restore, ter future. How me, from an ordinary $15 trillion. Think of that astronomical and regain the American public’s trust beginning, born and raised on a farm, amount, $15 trillion, which amounts and confidence in the United States, could end up serving in the U.S. Con- to—how much is that per person? Be- and not just the confidence for the gress. All of that is the fabric of the cause the figure is so large that we Americans to have in us, but the con- American dream. All of that is the po- can’t fathom, we can’t really appre- fidence for our creditors around the tential that we can be and we should ciate what it is. It amounts to a $47,900 world. be, and I see it being threatened by our tax for every living American. The debt This resolution does a couple of overspending. has sharply increased to nearly 100 per- things. It prohibits outlays for a fiscal Mr. Speaker, about 10 days ago I took cent this year, the highest level since year except for those repayment of the Staten Island ferry to Staten Is- World War II. These are alarming sta- debt principal from exceeding total re- land. You know me, I’m a runner. I was tistics. ceipts for that fiscal year except those doing my 90th-whatever marathon it Growing debt increases the prob- derived from borrowing unless Con- was. My friend, my cousin, said let’s ability of a sudden fiscal crisis during gress by a three-fifths rollcall vote, take the ferry and we did. It reminded which investors would lose confidence none of this voice vote, rollcall, we me of the critical juncture we are in in and the government could lose its abil- have to put our card in the machine our Nation. ity to borrow at affordable rates. If we and show how we vote up on the wall, On the way down in the cab, where do nothing, the annual deficit will authorizes a specific excess over the you catch the ferry is real close to the grow to consume nearly one-fifth of the outlay. So if you have to overspend, World Trade Center. My daughter lived entire U.S. economy, and the debt three-fifths of us are going to have to in New York during the time of the at- would grow to Greece-like levels of agree to overspending. tack on the World Trade Center. I had over 100 percent. I believe that just as It requires a three-fifths rollcall vote just taken her to the Windows of the our families and neighbors—like the of each Chamber to increase the public World for dinner just 3 weeks before lady you show there on that poster— debt limit. Again, none of these she- those towers came crashing down. So I have had to tighten our belts during nanigans about a voice vote when we’re said to the cab driver: Would you mind this recession, well, then, the Federal all in the corners of the hallways or driving me around, I want to see what bureaucracy must do the same. back home. Each and every one of us the new building looks like. You know, are going to have to take our voting I saw the rebirth of the brick and mor- 1620 b card and put it in the machine and tar of that emblem in New York. While the budget reforms that we Americans are going to see how we And then I got on the boat, on the have passed in the House were a good voted right on that screen. ferry. The sun was coming up and it start, only a constitutional amend- It directs the President to submit a was dancing across the water, and I ment can ensure that we will not stray balanced budget to Congress annually. saw Ellis Island. I thought: Wow, my from the path of a balanced budget as Wouldn’t that be a breath of fresh air? ancestors came through there; my own we did 10 years ago. A constitutional It prohibits any bill to increase rev- grandfather with nothing came amendment will help ensure a future of enue from becoming law unless ap- through there and ended up in Cin- stability for our children and for our proved by a majority of each Chamber cinnati. And then I saw the Statue of grandchildren. by again a rollcall vote. That means Liberty. I thought: Oh, my gosh; that’s So I urge all of our colleagues on putting your card in the machine and the beacon of hope. That is where peo- both sides of the aisle to vote in favor having it displayed on the wall. ple from across the globe want to come of this balanced budget amendment. It authorizes waivers of those provi- to America because they know they It’s history in the making this week, sions when a declaration of war is in ef- have the chance to be the best person and I thank Mrs. SCHMIDT for her lead- fect or under other specified cir- they can be. They have the choice and ership and for trying to straighten out cumstances involving military con- the chance and the opportunity to be this fiscal insanity mess that we find flict. So again, in a case of national what they want to be, to chart their ourselves in. emergency where we would be placed in own destiny. And there are so few Mrs. SCHMIDT. I thank my good harm’s way, it allows for those provi- places around the world that give them friend from Florida. sions to occur. that choice. As I said a moment ago, a balanced My fellow friends in this Chamber, it And then we landed, got to the budget amendment will legally prevent is so important that we think about bridge, the Verrazano Bridge, where we

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.078 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7620 CONGRESSIONAL RECORD — HOUSE November 15, 2011 start the marathon. Because I was in Federal Government having to be held This is what the American people are the second wave, we started with to— calling for us to do. They’re crying out ‘‘America the Beautiful’’ and then they Mrs. SCHMIDT. May I ask a ques- for leadership. If we pass this balanced sang ‘‘New York, New York,’’ you tion? When you do your bills, do you do budget amendment in the House and it know, the Frank Sinatra song. Actu- what this lady is doing and balance goes on to the Senate and passes there ally, it wasn’t ‘‘America the Beau- your checkbook first? What would hap- as well, then it will move on to the tiful,’’ it was ‘‘God Bless America,’’ but pen if you didn’t do that? States for ratification. This will be his- I digress. And I started to cry. And it Mrs. ELLMERS. Absolutely. All of toric. We will now be saying to the wasn’t just soft tears, these were tears our homes, we all live by budgets. The Federal Government, you must adhere running down my face and I cried be- American people have had to redo their to a budget. It’s as simple as that. The cause I realized we are at a crossroad. budgets over and over and over again. most basic function of any household We could lose all of this. All of this Why? Because of the economy that and of any business is to have a work- could be lost because we’re allowing we’re in today, because of the cost. And ing budget in place, and yet the Fed- ourselves to become obese with debt. yet the Federal Government does not eral Government, in its arrogance, Let me repeat that, obese with debt. do this. Now we are up to what, 930 says, no, we do not. Therefore, we are You know, our First Lady likes to days that the Senate has not passed a stuck in this situation that we, as you talk about obesity in America. And budget? We passed our budget. We know, are dealing with every day, try- yes, it’s a problem, but we have become passed a budget in the House. The ing to figure out how we’re going to obese with debt and we have no road President had a budget. But his budget pay for the things that we have that map to get out of it. The road map to called for over $1 trillion more of the American people need. get out of it is a balanced budget spending that we were not taking in. Under President Obama, the national amendment because it says you can’t Mrs. SCHMIDT. So it didn’t balance, debt has increased 34 percent. Clearly, spend more than you take in. You can’t did it? it is time to stop. Clearly, the Amer- do it. And oh, if you decide in this Mrs. ELLMERS. It didn’t balance, ican people are saying to us, come up Chamber to do it, we’re going to see and it didn’t pass in the Senate. Ours with a solution. We’re dealing every how you vote. And it’s not just going did not come up for a vote. So Wash- day here in Washington with trying to to be 51 percent, or 50 plus one, it’s ington continues to function without a make it through, trying to build a going to be three-fifths of everybody in budget. And yet, again, our households foundation for the future. This bal- this Chamber. And we’re going to have function with a budget. Mothers and anced budget amendment will be a tool to show America how we voted right fathers are up at 3 o’clock in the morn- that we can use so that our children there on that wall. So if you’re going ing worrying about how they’re going and our grandchildren will know pros- to overspend, you better dog on well to pay the bills this month, and yet the perity, and we will ensure it. It’s time have a good reason to do it. Federal Government just says, it to get it done. Again, let me repeat what this meas- doesn’t matter. We can just continue Thank you so much for letting me ure does. It requires the Congress not to spend money. As long as we don’t speak on this issue. to spend more than it receives in reve- have a budget, we can spend as much Mrs. SCHMIDT. I thank you for your nues unless a supermajority, three- we want. attention in this matter, and you’re fifths vote and a rollcall vote to pro- That is the problem. And the Amer- absolutely right. We’ve got to get con- vide otherwise. ican people are tired of this. They are trol of the spending and get control of It requires a corresponding three- tired of us just with our open check- it now. fifths vote to raise that debt ceiling; book writing, having to raise the debt It reminds me of when you’re trying again, a rollcall vote. ceiling to take care of the bills that to go on a diet. And so if I’m trying to It requires the President to submit a have already been submitted and the go on a diet back home—believe it or balanced budget to this auspicious interest that we have to pay. not, every once in a while I have to body. It requires him to do that—him The balanced budget amendment watch what I eat—I don’t sit there and or her. that we’re talking about passing passed have every candy bar in the world out the House in 1995, went on to the Sen- in front of me and open them up. That b 1630 ate, missed passing by one vote. Where only entices me to want to eat it. So if It requires a majority rollcall vote would we be today in our economy if I’m going to go on a diet, I don’t buy for any proposed bill to increase taxes. that had passed back then? The Fed- the candy. I buy an apple, I buy ba- So if we want to do this by increasing eral Government would have been held nanas, I buy something that is filling taxes, you’ve got to have three-fifths to a vote, they would have been held to and good for me. But I certainly don’t to do that. It also provides for a lim- a budget, and we wouldn’t be deciding tempt myself with something that I ited exemption in times of war and se- these things. We wouldn’t be having to know is only going to be wasted cal- rious military conflict. So it protects pass continuing resolutions that the ories and put on weight. And yet, we us in case we have a national strike American people look to us in Wash- don’t do that here at the Federal level. against us. And it would take effect be- ington and say, where is the leader- We say, well, it’s okay, we’ll cut spend- ginning the fifth fiscal year after the ship? How can it possibly be that that’s ing tomorrow, but we’ll spend today. If ratification by the States, because my the way they’re functioning? And yet we had a balanced budget amendment, friends, the problem is our national this is what we have to do to keep we couldn’t have that attitude. We’d debt crisis. Washington running because Wash- have to look at every single dime that I would now like to turn to my good ington does have a purpose. We have to is in our checking account and account friend from North Carolina. provide for the national defense, we for it before we built a new program. Mrs. ELLMERS. I thank my good have to take care of our seniors, and Look at how many attempts there friend from Ohio. Thank you for hold- we have to take care of those individ- are for new programs, small and large, ing this Special Order. The American uals who cannot take care of them- right here in this body. You’ve been people are ready for solutions, as you selves. And yet, without a budget, we here 11 months. How many programs know. We are working so hard here in have no way of deciding how much that and ideas have come before you and the House on coming up with those so- will be. And so we continue on. you’ve had to say, can we afford it? But lutions. We will be voting on a bal- This version makes it harder to raise here we don’t have to answer that ques- anced budget amendment—and I’m taxes. This version is substantial. The tion. We have the freedom to do it. We very excited about that—as has been balanced budget amendment says that may not be able to afford it, but I’m required by the Budget Control Act in order to raise the debt ceiling, the not balancing the checkbook, so we that we passed in August. future Congress will have to have a don’t know. It doesn’t matter. It’s I’m here now as one of those new three-fifths majority to vote in each okay. freshmen. And it is amazing to me and, Chamber in order to raise the debt ceil- No, it’s not. We have to force our- of course, we all know that for over 200 ing. That will become even more dif- selves to do what’s right for America, years we’ve functioned without the ficult. and not just here in 2011, but in 2111

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.080 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7621 and 2211 and beyond. Our protection, be in today, both economically and as I yield to my good friend, if you have the only protection that we have is it relates to national security, if we anything to add. with a balanced budget amendment be- had that balanced budget amendment Mrs. MCMORRIS RODGERS. You cause it ties our hands to future spend- in place. said it well. This is an issue that Amer- ing. It forces us to balance that check- Forty-nine States already have a bal- icans get. All across this country, fam- book and do what’s right for America. anced budget amendment. Seventy- ilies have been making very tough de- As we are looking at this, we know four percent of Americans are demand- cisions. Small business owners, local that the American public is with us on ing it. The House Republican women governments, States have had to make this. Ninety-five percent of Americans will join together in strong support of very difficult decisions because they believe that the deficit problem is a constitutional amendment that will don’t have the luxury that the Federal what’s ruining our Nation, and almost forever change the way Washington Government does to either continue to 75 percent of those that recognize that spends money. This is our time, this is borrow or print money to cover every- the problem is the debt and the deficit, our moment, and we must seize it. thing that we want to spend money on. almost 75 percent say a balanced budg- Thank you again for yielding me Mrs. SCHMIDT. You know, you’re et amendment is the right tool to some time. right. If I could go back a little bit, the make the answer. Stop the spending. Mrs. SCHMIDT. And I thank you, my local government that I represent, they I turn now to my good friend from good friend, for that eloquent view and have to ratchet back their revenue the State of Washington. argument for the balanced budget spending because their revenues are amendment because we are at a crisis, not what they used to be. The State b 1640 we are at a threshold, we are at a fork that I represent, Ohio, they’ve had to Mrs. MCMORRIS RODGERS. Thank in the road in our country. And if we ratchet back on their spending because you so much, to my good friend from don’t get this spending under control, guess what they have to do? They have the State of Ohio, for organizing this your children and my grandchildren— to balance their budget. They can’t go Special Order this evening focused on they’re about the same age—are going in the red. the balanced budget amendment and to have a really tough time charting Mrs. MCMORRIS RODGERS. I don’t having the Republican women come to- their own destiny. pretend for a moment that the bal- gether to the talk about the impor- This is America. This is the place anced budget amendment will solve all where streets are ‘‘paved in gold,’’ and tance of the balanced budget amend- our problems, but I do believe that it it’s the gold of sweat from the Ameri- ment. will force Congress to start living with- cans before us, the Americans that are We stand together tonight from all in its means, start setting priorities, here with us now, and the Americans of across this country as businesswomen, start having that debate over what is our future. But if we don’t stop the un- teachers, doctors, farmers, mothers, the appropriate role of the Federal bridled spending in Washington, our fu- educators, nurses, and attorneys com- Government? How can services be bet- ture is not going to be able to continue mitted to restoring America’s pros- ter delivered? What can we send back to pave the way with gold. perity, committed to getting our fiscal to the States? That’s the debate that house in order, committed to stopping This spending has to stop. To say we’ll do it tomorrow is not enough. We we need. That’s the debate that the wasteful spending, and committed to have to force ourselves into fiscal dis- balanced budget amendment will force. putting Americans back to work. And cipline. And the only way to do that, We came one vote short in 1997. It in- that’s why we stand together united in the only legal way to bind us is cluded JOE BIDEN’s vote. He voted for support of the balanced budget amend- through a constitutional amendment, the balanced budget amendment in the ment. because the Constitution says one leg- Senate because it was what the people As a mom of two young children, I islative session can’t bind a future leg- wanted, and he felt it was important to am greatly concerned about the growth islative session with anything unless it be on the side of the people. And that’s of government spending and the gov- is written in the Constitution. That why we need to just continue to ele- ernment debt. I believe it hurts our means what? A balanced budget vate this issue, make sure that Ameri- economy today and threatens our chil- amendment. If we’re going to control cans are calling their Members of Con- dren tomorrow. the spending, we have to have the bal- gress, their Senators and asking for James Madison said that the anced budget amendment. this vote on the balanced budget trickiest question the Constitutional I think we’re going to take this his- amendment. This is one of the most Convention confronted was how to toric vote on Thursday or Friday. This important votes that we will take dur- oblige a government to control itself. is not a partisan vote. This is what is ing our time in Congress, and this is History records not a single example of right for our future. Three-quarters of one that we need to make sure that we a nation that spent, borrowed, and Americans get it. That woman that pass. taxed its way to prosperity, but it of- balanced her checkbook on this picture Mrs. SCHMIDT. I thank you, and I fers us many, many examples of na- gets it. My family that’s back home, thank you for your time because I tions that spent and borrowed and my brothers and sister and nieces and know you’ve got a busy schedule and taxed their way to economic ruin and nephews that are probably balancing you’ve got those two adorable children bankruptcy. And history is screaming their own checkbooks sometime this that you want to throw some love to. this warning to us, that nations that week, they get it. The local govern- And the best love that we can give to bankrupt themselves aren’t around ment that I used to represent, they our children and our grandchildren is very long, because before you can pro- have to do it, they get it. The State the balanced budget amendment. vide for the common defense and pro- legislature that I came from, they just Ronald Reagan was right in so many mote the general welfare and secure balanced theirs on June 30 of this year, ways, but he was right in 1982 when he the blessings of liberty, you have to be they get it. I think it’s insane that we said, if we are going to resolve our able to pay for it. don’t do the same thing. overspending, it has to be through a Not long after the Constitutional Mr. Speaker, this week we’re going balanced budget amendment. My good Convention, Thomas Jefferson said, if to do something that is right for Amer- colleagues, 29 years later, we’ve got to he could make one change to the Con- ica. It’s not a partisan thing. It’s not a hear his words and act on them be- stitution, it would have been to limit bipartisan thing. It is an American cause, if we don’t, 29 years from now, the Federal Government’s ability to thing. It is what will preserve for us I’m not sure if we will be the greatest borrow money. Ronald Reagan said the American Dream, not just for our nation that we are today. there were two things he wished he children, but their children and their My good friends across the aisle want would have accomplished while in of- children. It will promote economic se- to talk about how we create jobs, and fice, and that was a line-item veto and curity and national security. It will we do need to create jobs. Our Presi- a balanced budget amendment. As has say to the world we’re ready to stand dent, as I said earlier, had this stim- been mentioned, we came one vote as a nation with a firm financial foun- ulus bill that he thought was going to short in 1995. And I can’t help but dation. It has to happen with a bal- create jobs, and it didn’t create any think what a different world we would anced budget amendment. jobs. And then just a few months ago

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.082 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7622 CONGRESSIONAL RECORD — HOUSE November 15, 2011 he rolled out a new jobs bill of a half friend from Ohio, from Washington we know that this body, different par- trillion dollars that he thought was State, good people, good observations. ties in charge, different groups in here, going to create jobs, but I just don’t It’s an honor to serve with devoted peo- as Members of the House and Senate, think that it’s going to create jobs ei- ple like that. have always had people that found a ther. It’s just going to add to our na- Spending is at an all-time crisis. We way, found a loophole, found a way to tional debt. And the reason why he can do need a balanced budget amendment. get around the laws, the Constitution. do all of these things is because he There’s no question. We have got to A good example of that, no, a great doesn’t have to do what this lady does have a balanced budget amendment. example of that is the ObamaCare bill. each and every day, and that’s to bal- The great Senator from the State of Article I of the United States Constitu- ance the checkbook. Americans want a Texas, Phil Gramm, joined forces and tion, section 7 makes very clear that checkbook that’s balanced. got a bill referred to as Gramm-Rud- any bill that raises revenue, increases I would like to show another visual. man through. That was supposed to the amount of revenue, it has to start I’d like to talk about what a few other force, legislatively, the House and Sen- here in the House. It can’t originate in people said in addition to Ronald ate to only spend within the revenue the Senate. It has to start in the Reagan. coming in. But since it was legislation, House. That’s where the founders want- Ben Franklin: ‘‘Creditors have better since both bodies can create such legis- ed bills involving taxes in any way, memories than debtors.’’ lation, then both bodies can undo such that raise revenue at all, had to start George Washington: ‘‘As a very im- legislation. Just like both bodies can in the House. portant source of strength and secu- create a debt ceiling bill, as occurred Over the years, people found a way rity, cherish public credit. One method late July, early August this year, both around that. And we saw that with the of preserving it is to use it as sparingly bodies can decide to do something dif- ObamaCare bill. The election of SCOTT as possible.’’ ferent a few months later. That’s the BROWN in the Senate made clear that problem with legislation. That’s why they were going to have to do some- b 1650 we do need a balanced budget amend- thing different than what was origi- Oh, my good friends in the House, if ment. nally planned in order to get the we had only utilized his words, to use Now, the bill that was brought ObamaCare bill passed. So they took a it sparingly as possible. through committee this year, this House bill—they knew they couldn’t Both sides have been part of the 112th Congress, titled H.J. Res. 1, it wait on the House to do anything. They problem. This is not a Republican or a passed out of committee, the Judiciary were going to have to start it. Democrat sin. This is a sin from past Committee. It says that the purpose is So to get around the clear require- Congresses. This is a sin we can rectify. proposing a balanced budget amendment of the Constitution that bills Thomas Jefferson: ‘‘The principle of ment to the Constitution of the United that raise revenue, as did the Presi- spending money to be paid by posterity States. Massive number of cosponsors. dent’s health care bill—raised taxes under the name of funding is but swin- And it was a good bill. It was, it is. quite a bit actually—they said, okay, dling futurity on a large scale.’’ The And all gratitude goes to Mr. BOB we’re going to take a House bill that’s principle of spending money to be paid GOODLATTE. He has been a strong pro- already passed the House. They took by posterity under the name of funding ponent for advancing a balanced budget one that provided a tax credit for first- is but swindling futurity on a large amendment for numerous Congresses time homebuyers who happened to be scale. for many years, and he has done a good veterans. That was the basic intent of He was saying you can’t spend your thing with this bill. I appreciated his the bill. way out of debt. You can’t spend today, also including an amendment that I Beginning with line 1, page 1, the put the burden on your children of to- brought to committee that was passed Senate then deleted every word and morrow and expect a healthy economy. in committee and is part of the joint substituted therein 2,400, 2,500 pages of No Nation has ever been successful in resolution. But it’s House Joint Reso- ObamaCare. That way the Senate could doing that. We in America will not be lution 1. It’s a good bill. It’s to provide say, hey, it didn’t originate here in the successful in doing that, and that’s for a balanced budget amendment. Senate. This is a bill that originated in why we have to have the balanced In section 1 it simply says: the House. We just struck every single budget amendment. Total outlays for any fiscal year shall not word and put in the Senate bill. My good friends in the House, this exceed total receipts for that fiscal year, un- Well, that violates the intent of the week is a very important week for less three-fifths of the whole number of each Constitution because, clearly, that America. We need to pass the balanced House of Congress shall provide by law for a health care bill did not originate in the budget amendment. specific excess of outlays over receipts by a rollcall vote. House. But that was deemed to be a I yield back the balance of my time. loophole in the rules and in the con- Well, you might think that would be f stitutional law, and so it’s been gotten sufficient just to say total outlays can- away with before and it was gotten REPORT ON RESOLUTION PRO- not exceed total receipts. But those of VIDING FOR CONSIDERATION OF away with on that bill. us who’ve been around Congress long So we know games get played like MOTIONS TO SUSPEND THE enough know that’s not good enough RULES that. If you don’t specify that receipts unless you add, as Mr. GOODLATTE does do not include borrowed money, then Mr. NUGENT, from the Committee in Section 8: somebody’s going to figure that out on Rules (during the Special Order of Total receipts shall include all receipts of and use it and probably get away with Mrs. SCHMIDT), submitted a privileged the United States Government except those it. So it has to be in there. derived from borrowing. report (Rept. No. 112–285) on the resolu- The rule has now been reported from tion (H. Res. 466) providing for consid- If Section 8 is not in there, some the Rules Committee about the bal- eration of motions to suspend the Member of Congress down the road, if anced budget amendment version that rules, which was referred to the House the balanced budget amendment were we’re going to be taking up. And people Calendar and ordered to be printed. made into law as an amendment to the keep referring to it as a clean balanced f U.S. Constitution, would be clever budget amendment. That’s the one enough to say, hey, it doesn’t say you we’re going to take up, one that does WE NEED A BALANCED BUDGET can’t borrow. It just says you can’t AMENDMENT not have anything else other than total have outlays exceed total receipts. outlays must not exceed total receipts. The SPEAKER pro tempore. Under Well receipts, if you get loans, you’ve the Speaker’s announced policy of Jan- got money coming in, even from loans, b 1700 uary 5, 2011, the gentleman from Texas well, that ought to be good enough. Now, in this House Joint Resolution (Mr. GOHMERT) is recognized for 30 min- So we need Section 8 that says total 1, it has another provision that says: utes. receipts include all receipts except Total outlays for any fiscal year shall not Mr. GOHMERT. Mr. Speaker, I appre- those derived from borrowing. That’s a exceed 18 percent of economic output of the ciate so much the comments of my good provision to have in there because United States, unless two-thirds of each

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.084 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7623 House of Congress shall provide for a specific tax. We’re now told over 47 percent of to know them, these are good people. increase of outlays above this amount. American adults are not paying any in- These are good Members of Congress. It goes on in section 3: come tax. When a country has close to They came with the right motivation. The limit on the debt of the United States 50 percent who are not paying any in- They were elected by people who had held by the public shall not be increased un- come tax, then you’re always going to the right motivation. They want to see less three-fifths of the whole number of each have a situation where there is a hue this country thrive and not just sur- House shall provide by law for such an in- and cry among those who are getting vive but really prosper and protect lib- crease by a rollcall vote. money from the government and not erty. They were driven by those beliefs. That means in order to increase the paying money in not to cut spending They were driven by the same desire debt ceiling, you can’t do it with one but to raise taxes. that I have that motivated me to run more than 50 percent, that also will re- I feel like having a cap on spending is for Congress in 2004. quire three-fifths to raise the debt ceil- so important that even though I really I do not want to be a part of the gen- ing. appreciate and think a supermajority eration that gave our children a lesser Section 4 is a requirement that the to raise taxes is a good idea, I think it country than we inherited. That’s why President transmit to the Congress a would be okay to let that go. If we so many of us work so hard. We don’t budget for the United States Govern- have a cap on spending, the provision want to be that generation. This coun- ment. That’s a proposed budget for that would say it takes three-fifths to try could go on for 200 more years and that fiscal year. ‘‘Total outlays do not raise the debt ceiling, if we have a bal- still be the greatest, freest land in the exceed total receipts.’’ anced budget amendment and a cap on history of the world, but not with the Well, we’ve already seen with the spending, I think we can let those go. level of spending that we have em- Senate, seen previously the President But I’ve become increasingly con- braced. can just choose to ignore that, not be- vinced that if we don’t have a cap, a b 1710 cause it’s not a matter of law. The law maximum amount of spending—and the requires the Senate to pass a budget. best way we’ve seen, I’m open to other So I’ve come to see, when you look at They’ve chosen to ignore that, to vio- ideas, but the best proposals have indi- what has happened with that wave late the law. They have violated the cated a percentage of our gross domes- election coming in and when you go law. They continue to refuse to follow tic product is the best thing to take a back and look at our conservative Re- the law. But, unfortunately, it’s an- percentage of and make that the max- publican pledge made by wonderful other loophole in the law even though imum amount the government can people I love serving with, that we they’re required to pass a budget, and spend. If we don’t do that, I’ve seen re- pledged to the American people. I the Senate’s failed to do so for going on peatedly, whether the Republicans are didn’t write that pledge, but I agreed a thousand days now. There is no en- in charge or the Democrats are in to it. It said we were going to return forcement mechanism of what we do to charge, we can’t control spending. No spending to pre-stimulus, pre-bailout the Senate if the Senate violates the better example than what’s been going levels. We promised that. We pledged law by not submitting a budget, so on lately. that. Not only that, we said, Here is we’ve seen games get played. The We have a President in the White our marker. We promise you we’re games continue. House who has threatened that he’ll going to cut at least $100 billion in the Now, in this House Joint Resolution veto a bill that makes cuts that he first year if you put us in office. That’s 1, section 5 says: ‘‘A bill to increase doesn’t want. He’s threatened to veto a our pledge. revenue’’—in other words, raising bill that tries to rein in the extra tril- Everybody who took that pledge taxes—‘‘shall not become law unless lion dollars of spending that he imme- meant it. Then we had a wave election two-thirds of the whole number of each diately came in and spent. after that pledge, and wonderful, won- House shall provide by law for such an I mean, good grief. It would seem derful people came into this body with increase by a rollcall vote.’’ So, in that since this body, under control of the intention of keeping the pledge. other words, a supermajority is re- Speaker PELOSI for 2007, 2008, 2009, 2010, We got to the spring of this year. quired in the House and the Senate in that we had spent more money than in Well, actually, we got to December— order to raise taxes. history, that we could at least go be- Speaker PELOSI was still in charge. Now, of course, section 6 makes an fore the big Wall Street bailout, Octo- There was more money given away by exception for war. As it says: ‘‘The ber of 2008, we could at least go back to Congress in December than in any lame Congress may waive the provisions of 2007 spending. That was spending that duck session in the history of the coun- this article for any fiscal year in which was created by the liberal Congress try, which was after the most conserv- a declaration of war is in effect.’’ It’s a headed by Speaker PELOSI. Surely we ative wave election since the 1930s. Ac- war exception because we know in could go back to 2007 before we added tually, that wasn’t a conservative elec- times of war we have to do whatever an extra trillion dollars and then Presi- tion back in the thirties, but this was has to be done in order to provide for dent Obama added a trillion dollars, a wave election. A powerful majority of the common defense and to ward off and then we keep adding that extra Americans wanted restraint on spend- those who would destroy this country trillion dollars that we didn’t spend in ing, and with the wonderful people who that we love. 2007 and actually wasn’t spent until fis- were elected and sent up here, we had So I think those are all important. cal year 2009 because it was so late in the biggest giveaway last December of But now we’re going to be taking up 2008. We’d already passed October 1. any lame duck session in history. something that is so important to the We’re in 2009 spending. Why couldn’t Then we come in at the first of this country, a balanced budget amend- we go back to 2008 levels of spending year, still with the best of intentions. ment. And I believed when I was elect- before we added an extra trillion, be- We still knew, Okay. Just forget about ed in 2004 a balanced budget amend- fore this President ran up spending to December because we’re going to keep ment is very important to become a about $1.5 trillion more than we were our pledge. Then some realized, Gee, part of the Constitution through the bringing in in receipts? we’re up against an awful lot of people amendment process, and I still believe It just seems so grossly ridiculous to who don’t pay any income tax, and that. My beliefs have not changed. But have a President come in and increase they don’t want any cuts in spending. in my over 61⁄2 years now here in Con- and say: We’re going to have this big, We may not get enough in the Senate gress, it’s become very clear to me that over a trillion dollars in added spend- to do what we promised, so let’s do a unless we have a constitutional cap on ing we’ve never had before. And, by the compromise. It was with the best of in- spending, the House and Senate will way, if you dare try to cut any of this tentions. There was nothing ill-in- not be able to control themselves. And spending, I’m going to veto the bill. tended about working out a com- all one need do is look at who’s paying So we don’t cut spending. We had the promise with the Senate. the taxes now. biggest wave election last November The way it should have worked is for We’re told somewhere between 50 per- since the 1930s. Over 80 new Repub- this House to pass the bill that they cent and 53 percent of all of the adult licans coming into the House of Rep- believed was appropriate. It was for Americans will pay all of the income resentatives. Having met them, gotten this House to pass a bill that cut $100

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.087 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7624 CONGRESSIONAL RECORD — HOUSE November 15, 2011 billion off of spending and then wait ance. There were some issues and con- the demand had been made by the Sen- and demand for the Senate to pass cerns I had, but overall it was a good ate Democrats and by the President. something, because the Senate just bill and it passed. We should have de- Some of us were wincing at it—ooh— seemed to have trouble passing any- manded that the Senate pass some- but he was willing to do that. It looked thing. It’s why the President is 50 per- thing that would go to the conference like the Democrats were so impressed— cent right when he says this is a do- committee with our Cut, Cap, and Bal- gee, this is great. So I’ll tell you what. nothing Congress, because the Senate ance and that we would work out a This may be the deal that works. Then has been doing nothing. They’ve got compromise from there, but that’s not they went back and talked to their our bills piled up down there, led by what we did. We turned around and Democratic leadership, whoever that able leadership here in the House. passed a debt ceiling increase that had is, and they came back and said, We They’re letting them pile up down been negotiated and, basically, was can’t work out a deal here. there. They’re not going to pass them. what the Senate said they might be That should have made it pretty They don’t want to create those jobs or willing to pass, and we got it passed. clear, when the agreement was made to it might look good for Republicans who My point being, we keep passing bills cut hundreds of billions of dollars from are driving the agenda. So they’re just that really haven’t cut spending. With our national security and at the same going to let them die down there unless the wave election like we had and with time cut hundreds of billions of dollars the American public makes it very a big group coming in, we couldn’t con- from Medicare, that some people on the clear: You either pick up those Repub- trol spending? We couldn’t get a major- other side of the aisle have realized, if lican bills in the Senate and pass them ity to pass it in the House to cut $100 we go into next year’s election and if or over 20 Democratic Senators won’t billion in spending? What are the hopes the only cuts to Medicare have been be back come January 2013. Maybe that in the future? the $500 billion that ObamaCare did will motivate them. The time has come for a balanced last year—that the Democrats rammed In the meantime, we should have budget amendment with a cap on through against the will of the Repub- forced them to pass something. Then it spending. I think that cap on spending licans in the House and the Senate and would go to conference, and then a is so important to help future Con- against the people across America— compromise would be worked out. gresses, to help this country last. I we’re going to be toast next November. That’s how the system was intended to think it is so important that I think we So, if we could have this failure of the work. Then we could say to our con- can forget about the two-thirds to raise supercommittee and if all this doesn’t stituents here from the House, where taxes. I think we could forget about work out and if all these hundreds of the Republicans have the majority, some of the other provisions if we just billions are cut from Medicare, then we You see what the House passed. This is have those two things: one, a balanced can tell them the Republicans did it in- what we believe. We passed what we budget requirement where outlays do stead of ObamaCare, which AARP said we would. If you want this to be- not exceed the receipts and where the thought was a good idea. receipts don’t include borrowed money; come law as we passed it in the House, b 1720 you’ve got to give us the majority in number two, a cap on spending. We’ve the Senate, and we’ll do that. seen time and time again we haven’t They’ll forget about that if we have As it is, all we have is a majority in been able to control spending even with those cuts this year because we blame the House. This is the only place we the incredibly good Representatives the Republicans. can pass it. We had to work out a com- that were added last November. Mr. Speaker, may I inquire how promise in the conference committee, With regard to the debt ceiling and much time is left. The SPEAKER pro tempore (Mr. and that’s why we got what we did. But bringing down the spending, good grief. HUIZENGA of Michigan). The gentleman in the meantime, if you want what the We added over $1 trillion. We’re spending nearly $1.5 trillion more than we’re from Texas has 55 seconds remaining. House passed before the compromise, Mr. GOHMERT. Let me finish up by bringing in in receipts—and we can’t give us the Senate next year and you’ll saying, we need a cap on spending. get it. That’s the way the system was find $100 billion to cut from that? I And with respect for the veterans, let designed to work. mean, good grief. This House this year me finish with a prayer from George Then it allows the Senate to say, had agreed to a 5 percent cut in our Washington, just a small excerpt since Look, see all these giveaway programs legislative budgets. We did that to our- my time is so short. It’s Washington’s that we passed here in the Senate? We selves. Most of America has no idea prayer: had to drop some of these giveaway about that. Then for next year, we’re Almighty God, we make our earnest prayer programs in the conference committee going to have a little over a 6 percent that Thou wilt keep the United States in because, the dadgum fiscally respon- cut in our legislative budget. Most of Thy holy protection; and Thou wilt incline sible Republicans in the House, they America has no idea about that either, the hearts of the citizens to entertain a wouldn’t go along with all the give- but we did it. brotherly affection and love for one another aways, so we had to cut some in con- The only way that’s going to really and for their fellow citizens of the United ference; but if you want more and more make a difference in the deficit is if we States at large, and particularly for their giveaways like we’re passing in the make that demand of every other agen- brethren who have served in the field. Senate, then give us back the majority cy, of every other department, of every Those are our veterans. I’m a vet- in the House, and you’ll get more and other amount of discretionary spending eran. I didn’t serve in combat. But more giveaway programs. That’s the and if we say, Look, we did it to our- thank God for those willing to make way the system is supposed to work. selves, that gives us the moral author- the ultimate sacrifice for our liberties. Then in November next year, the ity to say, You’re cutting your budget Now we should not squander it. American voters can say either they 5 percent next year and 6 percent the With that, I yield back the balance of want a majority in the House to have year after that, and we’re going to my time. more giveaway programs like the Sen- bring this down 11 percent over the f ate has passed or they can say we want next 2 years. Then, voila, we have met ENROLLED BILL SIGNED more fiscal responsibility as we found the requirement that was put upon the Karen L. Haas, Clerk of the House, in the House by virtue of the bills they supercommittee. reported and found truly enrolled a bill passed. The problem has been that we You see some problems with the so- of the House of the following title, have been negotiating with the Senate called supercommittee. There are some which was thereupon signed by the to see what we think they might pass great people on there. The people who Speaker: and then shoot at the target that they were put on there from the House and say they might pass in the Senate the Senate, the Republicans, they’re H.R. 398. An act to amend the Immigration and Nationality Act to toll, during active- friends and they’re good people. PAT rather than passing what we believe in duty service abroad in the Armed Forces, the in the House. TOOMEY—there’s not a more conserv- periods of time to file a petition and appear This summer, it is to the Repub- ative guy anywhere—he was even will- for an interview to remove the conditional licans’ credit in the House that we ing, from the reports, to have a frame- basis for permanent resident status, and for passed a bill called Cut, Cap, and Bal- work that actually raised revenue like other purposes.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K15NO7.088 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE November 15, 2011 CONGRESSIONAL RECORD — HOUSE H7625 BILLS PRESENTED TO THE 3845. A letter from the Director, Defense 3856. A letter from the Chief, Publications PRESIDENT Security Cooperation Agency, transmitting and Regulations Branch, Internal Revenue Transmittal No. 11-19, pursuant to the re- Service, transmitting the Service’s final rule Karen L. Haas, Clerk of the House, porting requirements of Section 36(b)(1) of — 2012 Cost-of-Living Adjustments to the In- reports that on November 4, 2011 she the Arms Export Control Act, as amended; to ternal Revenue Code Tax Tables and Certain presented to the President of the the Committee on Foreign Affairs. Other Tax Items (Rev. Proc. 2011-52) received United States, for his approval, the fol- 3846. A letter from the Director, Defense October 26, 2011, pursuant to 5 U.S.C. lowing bills. Security Cooperation Agency, transmitting 801(a)(1)(A); to the Committee on Ways and Transmittal No. 11-34, pursuant to the re- Means. H.R. 368. To amend title 28, United States porting requirements of Section 36(b)(1) of 3857. A letter from the Chief, Publications Code, to clarify and improve certain provi- the Arms Export Control Act, as amended; to and Regulations Branch, Internal Revenue sions relating to the removal of litigation the Committee on Foreign Affairs. Service, transmitting the Service’s final rule against Federal officers or agencies to Fed- 3847. A letter from the Director, Defense — Applicable Federal Rates — November 2011 eral courts, and for other purposes. Security Cooperation Agency, transmitting (Rev. Rul. 2011-25) received October 26, 2011, H.R. 818. To direct the Secretary of the In- Transmittal No. 11-39, pursuant to the re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- terior to allow for prepayment of repayment porting requirements of Section 36(b)(1) of mittee on Ways and Means. contracts between the United States and the the Arms Export Control Act, as amended; to 3858. A letter from the Chief, Publications Uintah Water Conservancy District. the Committee on Foreign Affairs. and Regulations Branch, Internal Revenue f 3848. A letter from the Assistant Secretary Service, transmitting the Service’s final rule — Guidance Regarding the Treatment of ADJOURNMENT of the Army, Civil Works, Department of De- fense, transmitting the 2011 list of U.S. Army Stock of a Controlled Corporation under Sec- tion 355(a)(3)(B) [TD 9548] (RIN: 1545-BH49) Mr. GOHMERT. Mr. Speaker, I move Corps of Engineers projects that have been received October 26, 2011, pursuant to 5 identified as candidates for de-authorization; that the House do now adjourn. U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Transportation and In- The motion was agreed to; accord- Ways and Means. ingly (at 5 o’clock and 22 minutes frastructure. 3859. A letter from the Chief, Publications p.m.), under its previous order, the 3849. A letter from the Attorney Advisor, and Regulations Branch, Internal Revenue Department of Homeland Security, transmit- House adjourned until tomorrow, Service, transmitting the Service’s final rule ting the Department’s final rule — Special — Eligibility for Exemption from User Fee Wednesday, November 16, 2011, at 10 Local Regulation for Marine Events; Tem- a.m. for morning-hour debate. Requirement for Employee Plans Determina- porary Change of Dates for Recurring Marine tion Letter Applications Filed After January f Events in the Fifth Coast Guard District, 31, 2011 [Notice 2011-86] received October 26, John H. Kerr Reservoir, Clarksville, VA EXECUTIVE COMMUNICATIONS, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No.: USCG-2011-0545] (RIN: 1625- Committee on Ways and Means. ETC. AA08) received October 24, 2011, pursuant to 3860. A letter from the Chief, Publications Under clause 2 of Rule XIV, executive 5 U.S.C. 801(a)(1)(A); to the Committee on and Regulations Branch, Internal Revenue communications were taken from the Transportation and Infrastructure. Service, transmitting the Service’s final rule 3850. A letter from the Attorney Advisor, Speaker’s table and referred as follows: — Salvage Discount Factors for 2011 (Rev. Department of Homeland Security, transmit- Proc. 2011-54) received October 26, 2011, pur- 3838. A letter from the Under Secretary, ting the Department’s final rule — Safety suant to 5 U.S.C. 801(a)(1)(A); to the Com- Deparmtent of Defense, transmitting a letter Zone; East Coast Drag Boat Bucksport Blow- mittee on Ways and Means. on the approved retirement of Lieutenant out Boat Race, Waccamaw River, Bucksport, 3861. A letter from the Chief, Publications General Dana T. Atkins, United States Air SC [Docket No.: USCG-2011-0672] (RIN: 1625- and Regulations Branch, Internal Revenue Force, and his advancement on the retired AA00) received October 24, 2011, pursuant to Service, transmitting the Service’s final rule list in the grade of lieutenant general; to the 5 U.S.C. 801(a)(1)(A); to the Committee on — Disregarded Entities; Excise Taxes and Committee on Armed Services. Transportation and Infrastructure. Employment Taxes [TD 9553] (RIN: 1545- 3839. A letter from the Under Secretary, 3851. A letter from the Attorney Advisor, BH90) received October 26, 2011, pursuant to 5 Department of Defense, transmitting a letter Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on on the approved retirement of Vice Admiral ting the Department’s final rule — Safety Ways and Means. Adam M. Robinson, Jr., United States Navy, Zone; M/V DAVY CROCKETT, Columbia 3862. A letter from the Chief, Publications and his advancement to the grade of vice ad- River [Docket No.: USCG-2010-0939] (RIN: and Regulations Branch, Internal Revenue miral on the retired list; to the Committee 1625-AA00) received October 24, 2011, pursuant Service, transmitting the Service’s final rule on Armed Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on — Unpaid Loss Discount Factors for 2011 3840. A letter from the Under Secretary, Transportation and Infrastructure. (Rev. Proc. 2011-53) received October 24, 2011, Department of Defense, transmitting a letter 3852. A letter from the Attorney, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on the approved retirement of Lieutenant ment of Homeland Security, transmitting mittee on Ways and Means. General Eric B. Schoomaker, United States the Department’s final rule — Safety Zone; 3863. A letter from the Chief Privacy Offi- Army, and his advancement to the grade of TriRock Triathlon, San Diego Bay, San cer, Department of Homeland Security, transmitting the Privacy Office third quar- lieutenant general on the retired list; to the Diego, CA [Docket No.: USCG-2011-0789] terly report for fiscal year 2011; to the Com- Committee on Armed Services. (RIN: 1625-AA00) received October 24, 2011, 3841. A letter from the Under Secretary, mittee on Homeland Security. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 3864. A letter from the Chief Privacy Offi- Department of Defense, transmitting a letter mittee on Transportation and Infrastruc- cer, Department of Homeland Security, on the approved retirement of Lieutenant ture. transmitting a report entitled, ‘‘DHS Pri- General Francis H. Kearney III, United 3853. A letter from the Attorney Advisor, vacy Office 2011 Annual Report to Congress’’; States Army, and his advancement to the Department of Homeland Security, transmit- to the Committee on Homeland Security. grade of lieutenant general on the retired ting the Department’s final rule — Safety 3865. A letter from the Secretary, Depart- list; to the Committee on Armed Services. Zone; Ryder Cup Captain’s Duel Golf Shot, ment of Health and Human Services, trans- 3842. A letter from the President and Chicago River, Chicago, IL [Docket No.: mitting a report entitled: ‘‘Implementation Chairman, Export-Import Bank, transmit- USCG-2011-0847] (RIN: 1625-AA00) received of Recovery Auditing at the Centers for ting a report on transactions involving U.S. October 24, 2011, pursuant to 5 U.S.C. Medicare and Medicaid Services’’; jointly to exports to Ethiopia pursuant to Section 801(a)(1)(A); to the Committee on Transpor- the Committees on Energy and Commerce 2(b)(3) of the Export-Import Bank Act of 1945, tation and Infrastructure. and Ways and Means. as amended, pursuant to 12 U.S.C. 635(b)(3)(i); 3854. A letter from the Attorney Advisor, 3866. A letter from the Board Members, to the Committee on Financial Services. Department of Homeland Security, transmit- Railroad Retirement Board, transmitting 3843. A letter from the Assistant Secretary, ting the Department’s final rule — Safety the Board’s budget request for fiscal year Employee Benefits Security Administration, Zone; Head of the Cuyahoga, Cuyahoga River 2013, in accordance with Section 7(f) of the Department of Labor, transmitting the De- Cleveland, OH [Docket No.: USCG-2011-0825] Railroad Retirement Act; jointly to the partment’s ‘‘Major’’ final rule — Investment (RIN: 1625-AA00) received October 24, 2011, Committees on Appropriations, Transpor- Advice — Participants and Beneficiaries pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure, and Ways and (RIN: 1210-AB35) received October 27, 2011, mittee on Transportation and Infrastruc- Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. 3867. A letter from the Secretary, Depart- mittee on Education and the Workforce. 3855. A letter from the Chief, Publications ment of Energy, transmitting proposed legis- 3844. A letter from the Secretary, Depart- and Regulations Branch, Internal Revenue lation to restore the Restricted Data (RD) ment of Health and Human Services, trans- Service, transmitting the Service’s final rule category certain information that has been mitting the first biennial report concerning — Deduction for Qualified Film and Tele- removed from that category pursuant to sec- the Food Emergency Response Network vision Production Costs [TD 9552] (RIN: 1545- tion 142 of the Atomic Energy Act of 1954, as mandated by the FDA Food Safety Mod- BJ24) received October 26, 2011, pursuant to 5 amended; jointly to the Committees on En- ernization Act (FSMA); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on ergy and Commerce, Intelligence (Perma- Energy and Commerce. Ways and Means. nent Select), and Armed Services.

VerDate Mar 15 2010 04:46 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A15NO7.011 H15NOPT1 pwalker on DSK5TPTVN1PROD with HOUSE H7626 CONGRESSIONAL RECORD — HOUSE November 15, 2011 3868. A letter from the Secretary, Depart- adults, provide summer employment and corporate entities established by the laws of ment of Transportation, transmitting a draft year-round employment opportunities for any state, the United States, or any foreign of proposed legislation entitled ‘‘Pipeline low-income youth, and carry out work-re- state; to the Committee on the Judiciary. and Hazardous Material Transportation lated and educational strategies and activi- f Safety Reauthorization Act of 2011’’; jointly ties of demonstrated effectiveness, and for to the Committees on Transportation and In- other purposes; to the Committee on Edu- CONSTITUTIONAL AUTHORITY frastructure, Energy and Commerce, cation and the Workforce. STATEMENT Science, Space, and Technology, and the Ju- By Mr. CONNOLLY of Virginia: Pursuant to clause 7 of rule XII of diciary. H.R. 3426. A bill to amend the Federal the Rules of the House of Representa- f Water Pollution Control Act to require the closure of oil storage and processing facili- tives, the following statements are sub- REPORTS OF COMMITTEES ON ties that have spilled oil multiple times near mitted regarding the specific powers PUBLIC BILLS AND RESOLUTIONS residential neighborhoods, and for other pur- granted to Congress in the Constitu- Under clause 2 of rule XIII, reports of poses; to the Committee on Transportation tion to enact the accompanying bill or committees were delivered to the Clerk and Infrastructure. joint resolution. By Mr. DOGGETT (for himself, Mr. for printing and reference to the proper By Mr. POE of Texas: PETERS, Mr. STARK, Mr. BLU- H.R. 3422. calendar, as follows: MENAUER, and Mr. RANGEL): Congress has the power to enact this legis- Mr. NUGENT: Committee on Rules. House H.R. 3427. A bill to provide for the avail- lation pursuant to the following: Resolution 466. Resolution providing for con- ability of self-employment assistance to in- Clause 1 of Section 8, of Article 1, in the sideration of motions to suspend the rules dividuals receiving extended compensation United States Constitution. (Rept. 112–285). Referred to the House Cal- or emergency unemployment compensation; By Mr. CRENSHAW: endar. to the Committee on Ways and Means, and in H.R. 3423. f addition to the Committees on Financial Congress has the power to enact this legis- Services, Small Business, and Appropria- PUBLIC BILLS AND RESOLUTIONS lation pursuant to the following: tions, for a period to be subsequently deter- Article I, Section 8, Clause 1 of the U.S. Under clause 2 of rule XII, public mined by the Speaker, in each case for con- Constitution bills and resolutions of the following sideration of such provisions as fall within By Mr. HOLT: titles were introduced and severally re- the jurisdiction of the committee concerned. H.R. 3424. By Mr. FRANK of Massachusetts: ferred, as follows: Congress has the power to enact this legis- H.R. 3428. A bill to amend the Federal Re- lation pursuant to the following: By Mr. POE of Texas (for himself and serve Act to replace the Federal Open Mar- Article I of the Constitution of the United Mr. CARTER): ket Committee members representing the States H.R. 3422. A bill to require the Secretary of Federal Reserve banks with additional mem- By Mr. GEORGE MILLER of Cali- Defense to transfer at least 10 percent of cer- bers appointed by the President, and for fornia: tain military equipment returning from Iraq other purposes; to the Committee on Finan- H.R. 3425. to Federal and State agencies; to the Com- cial Services. Congress has the power to enact this legis- mittee on Armed Services. By Mr. PALAZZO (for himself and Mr. lation pursuant to the following: By Mr. CRENSHAW (for himself, Mr. SCALISE): Article I, Section 8, Clause 1, 3, 18 of the VAN HOLLEN, Mrs. MCMORRIS ROD- H.R. 3429. A bill to authorize the use of cer- U.S. Constitution; Article I, Section 9, GERS, Mr. PAUL, Mr. HARPER, Mr. tain offshore oil and gas platforms in the Clause 7 of the U.S. Constitution. YOUNG of Florida, Mr. ROGERS of Ken- Gulf of Mexico for artificial reefs, and for By Mr. CONNOLLY of Virginia: tucky, Mr. DEUTCH, Mr. CARNAHAN, other purposes; to the Committee on Natural H.R. 3426. Mr. BISHOP of New York, Mr. HOLT, Resources. Congress has the power to enact this legis- Mr. SESSIONS, Mr. FRANK of Massa- By Mr. ROTHMAN of New Jersey: lation pursuant to the following: chusetts, Mr. BURTON of Indiana, Ms. H.R. 3430. A bill to direct the Federal Com- Article 1 of the Constitution NORTON, Mr. MICHAUD, Mr. TOWNS, munications Commission to extend the final By Mr. DOGGETT: Mrs. EMERSON, Mr. DIAZ-BALART, Mr. deadline for private land mobile radio licens- H.R. 3427. WOLF, Mr. LANGEVIN, Mr. KLINE, Mr. ees to migrate to narrowband technology by Congress has the power to enact this legis- VISCLOSKY, Mr. CONNOLLY of Virginia, 2 years; to the Committee on Energy and lation pursuant to the following: Mr. KING of New York, Mr. POE of Commerce. Article I, Section 8 of the Constitution Texas, Mr. ROTHMAN of New Jersey, By Mr. SENSENBRENNER: that grants Congress the authority, ‘‘To Mr. GALLEGLY, and Mr. MILLER of H.R. 3431. A bill to prohibit the Adminis- make all Laws which shall be necessary and Florida): trator of the Environmental Protection proper for carrying into Execution the for- H.R. 3423. A bill to amend the Internal Rev- Agency from granting a waiver under section going Powers, and all other Powers vested by enue Code of 1986 to provide for the tax 211(f)(4) of the Clean Air Act for any fuel or this Constitution in the Government of the treatment of ABLE accounts established fuel additive that will reduce fuel efficiency United States, or in any Department or Offi- under State programs for the care of family or cause or contribute to engine damage; to cer thereof.’’ members with disabilities, and for other pur- the Committee on Energy and Commerce. By Mr. FRANK of Massachusetts: poses; to the Committee on Ways and Means, By Mr. SMITH of Washington (for him- H.R. 3428. and in addition to the Committee on Energy self, Mr. GRIJALVA, Mr. DEFAZIO, Mr. Congress has the power to enact this legis- and Commerce, for a period to be subse- BLUMENAUER, Ms. SCHWARTZ, Ms. LEE lation pursuant to the following: quently determined by the Speaker, in each of California, and Mr. HINCHEY): Article I Section 8, Clause 3 (the Com- case for consideration of such provisions as H.R. 3432. A bill to authorize voluntary merce Clause). fall within the jurisdiction of the committee grazing permit retirement on Federal lands By Mr. PALAZZO: concerned. managed by the Department of Agriculture H.R. 3429. By Mr. HOLT (for himself, Mr. AN- or the Department of the Interior where live- Congress has the power to enact this legis- DREWS, and Mr. SIRES): stock grazing is impractical, and for other lation pursuant to the following: H.R. 3424. A bill to establish a program purposes; to the Committee on Natural Re- According to Article I, Section 8, Clause 1 under which the Administrator of the Envi- sources, and in addition to the Committee on of the Constitution. ronmental Protection Agency shall provide Agriculture, for a period to be subsequently By Mr. ROTHMAN of New Jersey: grants to eligible State consortia to estab- determined by the Speaker, in each case for H.R. 3430. lish and carry out municipal sustainability consideration of such provisions as fall with- Congress has the power to enact this legis- certification programs, and for other pur- in the jurisdiction of the committee con- lation pursuant to the following: poses; to the Committee on Energy and Com- cerned. This bill is enacted pursuant to the power merce, and in addition to the Committee on By Mr. CARNEY (for himself, Mr. granted to Congress under Article I, Section Transportation and Infrastructure, for a pe- POLIS, Mr. CONNOLLY of Virginia, Mr. 8, Clause 18 of the United States Constitu- riod to be subsequently determined by the PERLMUTTER, and Mr. SCHRADER): tion. Speaker, in each case for consideration of H.J. Res. 87. A joint resolution proposing a By Mr. SENSENBRENNER: such provisions as fall within the jurisdic- balanced budget amendment to the Constitu- H.R. 3431. tion of the committee concerned. tion of the United States; to the Committee Congress has the power to enact this legis- By Mr. GEORGE MILLER of California on the Judiciary. lation pursuant to the following: (for himself, Mr. PAYNE, Mr. HINO- By Mr. MCGOVERN: Article I, Section 8, Clause 3 of the U.S. JOSA, Mr. BISHOP of New York, Ms. H.J. Res. 88. A joint resolution proposing Constitution WOOLSEY, Mr. KILDEE, and Mr. an amendment to the Constitution of the By Mr. SMITH of Washington: LOEBSACK): United States to clarify the authority of H.R. 3432. H.R. 3425. A bill to provide subsidized em- Congress and the States to regulate corpora- Congress has the power to enact this legis- ployment for unemployed, low-income tions, limited liability companies or other lation pursuant to the following:

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Article IV Section 3. ‘‘The Congress shall H.R. 1815: Mr. LOEBSACK, Mr. SCHRADER, SON, Mr. BOSWELL, Mr. LUJA´ N, Mr. MURPHY of have Power to dispose of and make all need- and Mr. REYES. Connecticut, Mr. DEFAZIO, and Ms. MATSUI. ful Rules and Regulations respecting the H.R. 1951: Mr. MICHAUD. H.R. 3068: Mr. RIBBLE. Territory or other Property belonging to the H.R. 1956: Mr. NUNNELEE and Mr. SCOTT of H.R. 3086: Ms. WOOLSEY, Mr. ISRAEL, Mr. United States . . .’’ South Carolina. LEWIS of Georgia, Mr. CONYERS, and Mr. MIL- By Mr. CARNEY: H.R. 1980: Mr. COURTNEY and Mr. GOWDY. LER of North Carolina. H.J. Res. 87. H.R. 1996: Mr. MCCLINTOCK, Mr. CRAVAACK, H.R. 3090: Mr. SCOTT of South Carolina and Congress has the power to enact this legis- and Mrs. MYRICK. Mr. SAM JOHNSON of Texas. lation pursuant to the following: H.R. 2014: Mr. WELCH and Mr. MATHESON. H.R. 3095: Mr. CANSECO. H.R. 2016: Mr. LEVIN and Ms. MCCOLLUM. Article V of The Constitution. H.R. 3126: Ms. WOOLSEY. By Mr. MCGOVERN: H.R. 2040: Mr. GARRETT, Mr. CONAWAY, Mr. H.R. 3159: Mr. PAYNE, Mr. FLORES, and Ms. H.J. Res. 88. SOUTHERLAND, and Mrs. ROBY. BALDWIN. Congress has the power to enact this legis- H.R. 2052: Mr. KISSELL. H.R. 3162: Mr. BASS of New Hampshire, Mr. lation pursuant to the following: H.R. 2071: Mr. SCHOCK. HARPER, and Mr. LUETKEMEYER. Article V H.R. 2077: Ms. HAYWORTH. H.R. 2082: Mr. DANIEL E. LUNGREN of Cali- H.R. 3187: Mrs. LUMMIS and Mr. TONKO. f fornia. H.R. 3194: Mr. AMODEI. ADDITIONAL SPONSORS H.R. 2108: Mr. BOREN, Mr. BUCHANAN, and H.R. 3202: Mr. MICHAUD. H.R. 3210: Mr. ROHRABACHER, Mr. COBLE, Under clause 7 of rule XII, sponsors Mr. DAVID SCOTT of Georgia. H.R. 2131: Mr. CLEAVER, Mr. BACHUS, and and Mrs. ELLMERS. were added to public bills and resolu- Mr. KISSELL. H.R. 3213: Mr. CANSECO. tions as follows: H.R. 2139: Ms. CLARKE of New York, Ms. H.R. 3236: Mr. MICHAUD. H.R. 10: Mr. AMODEI and Mr. WALSH of Illi- LEE of California, Ms. NORTON, Ms. H.R. 3245: Mr. BARTLETT. nois. BORDALLO, Mrs. BLACKBURN, and Mr. STARK. H.R. 3256: Mr. COBLE. H.R. 58: Mr. AMODEI. H.R. 2229: Mr. BOSWELL. H.R. 3272: Mr. PALAZZO. H.R. 104: Mrs. BLACKBURN. H.R. 2234: Ms. WOOLSEY and Mrs. NAPOLI- H.R. 3290: Mr. KLINE. H.R. 178: Mr. HASTINGS of Florida. TANO. H.R. 3307: Mr. AMODEI, Mr. INSLEE, and Mr. H.R. 361: Mr. WALSH of Illinois. H.R. 2238: Mr. WALZ of Minnesota. LOEBSACK. H.R. 376: Ms. RICHARDSON, Mr. BARTLETT, H.R. 2245: Mr. REYES. H.R. 3308: Mr. BROUN of Georgia and Mr. Mr. BRADY of Pennsylvania, and Mrs. MALO- H.R. 2284: Mrs. NAPOLITANO. WEST. NEY. H.R. 2299: Ms. HERRERA BEUTLER, Mr. BON- H.R. 3325: Mr. POLLS, Mr. CARNAHAN, Mr. H.R. 396: Mr. MICHAUD. NER, and Mr. COLE. HOLT, Ms. HIRONO, and Mr. PRICE of North H.R. 607: Mr. NADLER. H.R. 2335: Mr. SIMPSON, Mr. HERGER, and Carolina. H.R. 721: Mr. CICILLINE, Mr. MCNERNEY, Mr. Mr. DENHAM. H.R. 3334: Mr. HOLT. GRAVES of Missouri, Mr. LATTA, Ms. FOXX, H.R. 2342: Mr. MORAN. H.R. 3346: Mr. BRALEY of Iowa, Mr. FARR, Mr. MANZULLO, Mr. LUETKEMEYER, Ms. ROS- H.R. 2412: Mr. TIERNEY, Mr. GRIMM, Mr. Mr. LANGEVIN, Ms. HAHN, Mr. FILNER, Mr. LEHTINEN, Mr. MILLER of Florida, Mr. KING of New York, Mr. HONDA, and Mr. TUR- MCGOVERN, Mr. CLARKE of Michigan, Mr. REICHERT, Mrs. EMERSON, Mr. CRENSHAW, Mr. NER of New York. GUTIERREZ, Mr. MARKEY, Mr. ACKERMAN, Ms. MCCARTHY of California, Mr. SULLIVAN, and H.R. 2492: Mr. KLINE, Mr. JOHNSON of Illi- RICHARDSON, and Mr. PRICE of North Caro- Ms. GRANGER. nois, and Ms. HAYWORTH. H.R. 763: Mr. CANSECO. H.R. 2514: Mr. SESSIONS. lina. H.R. 780: Mr. RANGEL. H.R. 2528: Mr. RIBBLE. H.R. 3352: Mr. KING of New York. H.R. 862: Mr. COOPER. H.R. 2559: Ms. BALDWIN, Mr. TOWNS, Mr. H.R. 3365: Mrs. MCMORRIS RODGERS and Mr. H.R. 885: Mrs. NAPOLITANO. CLEAVER, and Mr. CICILLINE. CHAFFETZ. H.R. 959: Mr. DIAZ-BALART. H.R. 2563: Mr. KINZINGER of Illinois. H.R. 3367: Mr. REED. H.R. 984: Mr. DESJARLAIS. H.R. 2568: Mr. WEST. H.R. 3368: Ms. DELAURO, Mr. OLVER, and H.R. 1111: Mr. RIBBLE. H.R. 2569: Ms. CLARKE of New York. Mr. DOGGETT. H.R. 1148: Mr. SHERMAN, Mrs. CAPPS, Ms. H.R. 2580: Mr. TURNER of New York, Mr. H.R. 3387: Mr. TURNER of New York. HANABUSA, Mr. GUTIERREZ, Mr. MORAN, Mr. HANNA, Mr. MEEKS, Mr. OWENS, Mr. TOWNS, H.R. 3403: Mr. NUNNELEE, Mr. YOUNG of OWENS, Ms. HERRERA BEUTLER, Mrs. NAPOLI- Mr. FATTAH, Mr. HOLDEN, Mr. ROTHMAN of Florida, and Mr. MARINO. TANO, and Mr. SHULER. New Jersey, and Mr. MORAN. H.R. 3405: Mr. JACKSON of Illinois, Mr. H.R. 1161: Mr. MATHESON. H.R. 2632: Mr. FITZPATRICK. PRICE of North Carolina, Mr. STARK, Ms. H.R. 1164: Mr. LATTA. H.R. 2657: Mr. BISHOP of New York and Ms. SCHAKOWSKY, and Mr. MEEKS. H.R. 1173: Mr. KLINE and Mr. SMITH of Ne- BALDWIN. H.J. Res. 13: Mr. FLORES. braska. H.R. 2672: Mr. BRADY of Texas. H.J. Res. 80: Mr. GRIJALVA and Mr. FARR. H.R. 1175: Mr. CARTER, Mr. BRADY of Penn- H.R. 2746: Mr. HOLT and Mr. FORTENBERRY. H.J. Res. 83: Mr. SIRES. sylvania, and Mr. FITZPATRICK. H.R. 2758: Mr. CICILLINE. H.J. Res. 85: Mr. CARTER and Mr. H.R. 1176: Mr. JONES. H.R. 2827: Ms. JENKINS. NUNNELEE. H.R. 1179: Mr. FARENTHOLD. H.R. 2833: Mr. PEARCE. H.J. Res. 86: Mr. FILNER and Mr. CICILLINE. ARRETT H.R. 1183: Mr. KING of New York. H.R. 2874: Mr. G . H. Con. Res. 72: Mr. KEATING. H.R. 2918: Mr. GARRETT. H.R. 1186: Mr. SCHWEIKERT and Mr. THORN- H. Con. Res. 82: Mr. BUCSHON. BERRY. H.R. 2959: Mr. POE of Texas. H. Res. 98: Mr. CRAWFORD. H.R. 1221: Mr. ISSA. H.R. 2972: Ms. MOORE. H. Res. 111: Mr. MULVANEY, Mr. LATTA, Ms. H.R. 1288: Mr. COSTELLO and Mr. HASTINGS H.R. 2982: Mr. MCINTYRE. EDDIE BERNICE JOHNSON of Texas, Mr. of Florida. H.R. 3000: Mr. NUNNELEE and Mr. COFFMAN DESJARLAIS, Mr. YOUNG of Indiana, Mr. H.R. 1385: Mr. GERLACH. of Colorado. HUIZENGA of Michigan, and Mr. WALSH of Illi- H.R. 1386: Mr. BUTTERFIELD and Ms. LEE of H.R. 3010: Mr. ISSA, Mr. DONNELLY of Indi- nois. California. ana, Mr. WHITFIELD, Mr. JONES, Mr. KING of H. Res. 134: Mr. CARNAHAN and Mr. RUNYAN. H.R. 1475: Mr. HUIZENGA of Michigan. Iowa, and Mrs. LUMMIS. H. Res. 220: Mr. COSTELLO, Mr. GEORGE H.R. 1489: Ms. WILSON of Florida. H.R. 3012: Mr. JACKSON of Illinois. MILLER of California, and Mr. KUCINICH. H.R. 1509: Mrs. HARTZLER and Mr. KLINE. H.R. 3039: Mr. WEST. ALDWIN H.R. 1513: Mr. LOBIONDO, Mr. PRICE of H.R. 3044: Mr. NUNNELEE. H. Res. 282: Ms. B . North Carolina, Mr. COHEN, Mr. CLAY, Mr. H.R. 3050: Mr. RIBBLE, Mr. GRIFFIN of Ar- H. Res. 356: Mr. BILIRAKIS, Mr. FRANKS of HANNA, and Mr. FITZPATRICK. kansas, and Mr. BENISHEK. Arizona, and Mr. JONES. H.R. 1581: Mr. AMODEI and Mr. HULTGREN. H.R. 3059: Ms. JENKINS, Ms. WOOLSEY, Ms. H. Res. 367: Mr. MANZULLO. H.R. 1639: Mr. AKIN, Mr. POE of Texas, Mr. NORTON, Mr. JACKSON of Illinois, and Mrs. H. Res. 378: Ms. NORTON. KISSELL, Mr. HUIZENGA of Michigan, and Mr. LOWEY. H. Res. 397: Ms. LEE of California. OWENS. H.R. 3067: Mr. LYNCH, Mr. GRIJALVA, Mr. H. Res. 450: Mr. KISSELL, Ms. BORDALLO, H.R. 1659: Mr. LARSON of Connecticut. FILNER, Ms. TSONGAS, Mr. COURTNEY, Mr. and Mr. POLLS. H.R. 1661: Mr. LATTA. SARBANES, Mr. ELLISON, Ms. NORTON, Mr. H. Res. 452: Mr. TONKO, Ms. CASTOR of Flor- H.R. 1697: Mr. TERRY. LATOURETTE, Mr. TIBERI, Mr. MCCOTTER, Mr. ida, and Mr. SCOTT of Virginia. H.R. 1744: Mrs. ROBY. CHABOT, Mr. GERLACH, Mrs. EMERSON, Mrs. H. Res. 460: Ms. RICHARDSON, Ms. H.R. 1756: Mr. HECK. BIGGERT, Ms. ESHOO, Mr. DOLD, Mr. BISHOP of BORDALLO, Ms. LEE of California, Mrs. MALO- H.R. 1781: Ms. HAHN, Mr. CUMMINGS, and New York, Mr. LATHAM, Mr. JOHNSON of NEY, Mr. ISRAEL, Ms. WILSON of Florida, Mr. Ms. VELA´ ZQUEZ. Georgia, Mr. LEWIS of Georgia, Mr. PETER- LANCE, Mr. RUSH, and Ms. HAHN.

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Vol. 157 WASHINGTON, TUESDAY, NOVEMBER 15, 2011 No. 174 Senate The Senate met at 10 a.m. and was Mrs. SHAHEEN thereupon assumed we are going to be able to spend on this called to order by the Honorable the chair as Acting President pro tem- with never-ending amendments. What I JEANNE SHAHEEN, a Senator from the pore. would like to do is what we have done State of New Hampshire. f in the past, which is to have people

PRAYER RECOGNITION OF THE MAJORITY offer amendments. But we have to have The Chaplain, Dr. Barry C. Black, of- LEADER some kind of a limit that will be self- imposed—that we will have maybe 10 fered the following prayer: The ACTING PRESIDENT pro tem- stacked amendments and we will have O God, our Father, who fills the uni- pore. The majority leader is recog- verse with the mysteries of Your nized. to figure out some way to dispose of power, give Your light to our Senators. those before we move to another batch Illuminate their paths with Your wis- f of amendments. We will work our way dom that they may embrace Your pre- SCHEDULE through that. Our staffs, Mr. Myrick cepts and seek Your truth. Make the Mr. REID. The Republican leader and and Mr. Schiappa, have been working light of Your truth guide them as they I will make a few remarks today. After to see if they can help us work through seek to solve the complex problems of these issues we have. our time. Lord, help them to see the that, the majority will hold the first things they ought to do and give them half and the Republicans the final half We also have the CR we have to do. the courage to act. Show them where of 1 hour in morning business. Fol- We hope we will have the first minibus to go, how they should decide, and lowing morning business, the Senate conference completed on that, and we will be in executive session to consider which pitfalls they should avoid. Guid- will finish that this work period. ed by Your light, lead them to Your de- the Gleason and Rogers nominations. So there is a lot to do. When we come sired destination, as they find joy in At this stage, we have two scheduled both serving and loving You. votes. We are going to work with the back after Thanksgiving, we only have We pray in Your strong Name. Amen. managers, Senators LEAHY and GRASS- 3 or 4 weeks until we are there at f LEY, and see whether we need that sec- Christmas. ond vote, and that decision will be PLEDGE OF ALLEGIANCE As I said yesterday, it looks as if we made later this morning. At around 12, are going to be able to finish our work The Honorable JEANNE SHAHEEN led there will be, as I indicated, up to two here at a reasonable time this week. I the Pledge of Allegiance, as follows: rollcall votes on confirmation of these hope we don’t have to work this week- I pledge allegiance to the Flag of the nominations. Following that vote, the United States of America, and to the Repub- Senate will recess until 2:15 p.m. to end, and I hope we don’t have to work lic for which it stands, one nation under God, allow for the weekly caucus meetings. next week. I don’t think we will have indivisible, with liberty and justice for all. At 2:15, we will resume consideration of to do that, but everyone should be pre- f the Energy and Water appropriations pared in case we do because we have APPOINTMENT OF ACTING bill. some things that have to be done, such PRESIDENT PRO TEMPORE As I indicated yesterday, we have a as the CR. The PRESIDING OFFICER. The lot to do. Thanksgiving is the week When we come back after the clerk will please read a communication after the day after tomorrow, and we Thanksgiving recess, I tell everyone to the Senate from the President pro have a lot of things we have to com- now that we are not going to be able to tempore (Mr. INOUYE). plete. do our normal short weeks here. So I gave my word that we are going to The legislative clerk read the fol- people are going to have to spend less do the Defense authorization bill. It lowing letter: time at home because the workload U.S. SENATE, still hasn’t been worked out to the satisfaction of everyone, but there comes after Thanksgiving is really full of lots PRESIDENT PRO TEMPORE, to do. Again, we have expiring tax pro- Washington, DC, November 15, 2011. a time when we have to stop negoti- To the Senate: ating and move to the legislation. We visions we have to work on. If we are Under the provisions of rule I, paragraph 3, are going to do that following our fin- fortunate, if the committee comes up of the Standing Rules of the Senate, I hereby ishing the next minibus we have. It with something, that is 30 hours they appoint the Honorable JEANNE SHAHEEN, a will have to debate that issue. So we Senator from the State of New Hampshire, will be wonderful if we can complete to perform the duties of the Chair. that quickly. As I indicated yesterday, have to be prepared after Thanksgiving DANIEL K. INOUYE, I am not going to fill the legislative to just be here until we are ready to President pro tempore. tree, but I don’t know how much time leave for Christmas.

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

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VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7422 CONGRESSIONAL RECORD — SENATE November 15, 2011 GOVERNMENT REGULATIONS case of political opportunism, not a serious lighted some of the good work Repub- effort to deal with high unemployment. Mr. REID. Madam President, it is im- licans in the House are doing in identi- possible to open a newspaper or watch But why use regulations proven to fying jobs legislation that Members of cable news these days without hearing protect the health of every mom, dad, both parties can agree on, and I have my Republican colleagues talk about man, woman, and child in this Nation suggested that the Democratic major- the evils of ‘‘job-killing regulations.’’ as a scapegoat? What are the origins of ity here in the Senate follow the lead Each day, they arrive on the Senate this myth? of House Republicans and take up bi- floor to rail against the safeguards I believe, as Bartlett does, that Re- partisan legislation that has already that keep our water clean, our air publicans are attacking regulation be- passed in the House and pass it here in fresh, and our mines safe. According to cause they don’t have a plan to create the Senate. The American people want us to do something about jobs. They the GOP, these safeguards are actually jobs and turn our economy around—no want us to work together. Here is the the source of all this Nation’s eco- plan. While Democrats have been pushing time-tested remedies for a flagging formula. Let’s apply it. nomic woes—these terrible, horrible, We made some progress last week time-consuming government regula- economy, such as infrastructure investments or middle-class tax cuts, Re- with the Veterans bill and the 3-per- tions that hinder the economic cent withholding bill, but there is a lot progress of America. publican colleagues have been peddling a cure-all tonic of deregulation. more we could do. The House has now Republicans will have you believe passed more than 20 pieces of jobs leg- that these commonsense rules that Bartlett says: People are increasingly concerned about islation, many of which have com- check the greed of Wall Street banks, panion bills that are ready to go here keep huge corporations honest, and unemployment, but Republicans have nothing to offer them. in the Senate. I outlined some of them stop Big Oil’s unnecessary risk-taking They have offered up the spectre of last week. Why don’t we take them up? are also causing small businesses great Let’s acknowledge the fact that we harm. Indeed, that would be a terrible overreaching government regulation to distract from the fact that they live in a two-party system and that if thing if that were true. And it isn’t. we are going to make progress, we need While it is proper to guard against haven’t offered a single idea for how to put America back to work. They use to do it on a bipartisan basis. That and remove onerous regulations—and means doing precisely what Repub- we need to do that—my Republican the argument to justify rolling back everything from clean air and water licans in the House have been doing for friends have yet to produce a single the past year—finding areas where the safeguards to Wall Street and health shred of evidence that the regulations two parties can actually agree and insurance industry reforms. We voted they hate so much do the broad eco- passing bills that reflect those areas of on a number of those last week. nomic harms they claim. That is be- agreement. That is how legislation What is more, they spread the tall cause there isn’t any. works. It is easy to push partisan legis- tale that removing these regulations Conversely, there is plenty of evi- lation and then complain, when it and letting big business do exactly as dence to prove those regulations save doesn’t go anywhere, that the other it pleases will not only prevent job lives, prevent asthma attacks, and en- party is intransigent. The more dif- losses but actually create new jobs. sure that mom-and-pops face a fair ficult job and the one we were sent Bartlett called that logical leap ‘‘non- fight against these multinational cor- here to do is to work together to find sense. It’s just made up.’’ porations and moneyed interest groups. solutions, to accomplish more than So let’s talk fact, not fiction. Accord- There is plenty of evidence to prove fodder for campaign ads and bus tours. that disasters such as the BP oilspill ing to the Bureau of Labor Statistics, This morning, I would like to call on and the financial crisis of 2008 could which asked executives why they our Democratic friends again to take have been prevented by better, strong- downsized, only a tiny, tiny fraction of up these bipartisan House-passed bills. er government watchdog regulations. layoffs had anything to do with tighter One of these bills, for example, makes But Republicans aren’t relying on regulation. Last year, only three- it easier for businesses to raise the cap- evidence as they propagate the myth of tenths of 1 percent of people who lost ital they need to expand and to create the job-killing regulations; they are re- their jobs were let go principally be- jobs. Senators TESTER and TOOMEY lying on repetition. There are many cause of government regulations or have companion legislation right here people, but let’s just take one—Bruce government intervention. On the other in the Senate. Bartlett, an adviser to President Ron- hand, 25 percent of them were laid off Another one increases the number of ald Reagan, a Treasury official under because of no business, lack of busi- shareholders who are allowed to invest President George H.W. Bush, and a ness. In a recent survey by the Small in a community bank before that bank trusted conservative voice on econom- Business Majority, only 13 percent of is required to shoulder costly new bur- ics. I had many to choose from, but I small businesses cited regulation as dens from the SEC. chose this one to talk a little bit about their biggest concern. Half said eco- Senators HUTCHISON and PRYOR have today. He offered a number of strong nomic uncertainty was the greatest companion legislation to this bill in words on the regulation monster under challenge they had. the Senate. Senators TOOMEY and CAR- big business’s bed: That is why Democrats have been of- PER have a bill that would expand it, No hard evidence is offered for this claim: fering real solutions to our job crisis by applying it to businesses other than It is simply asserted as self-evident and re- and policies that help small firms hire, banks. Let’s take them both up and peated endlessly throughout the conserv- grow, and thrive again. The truth is, let’s pass them. ative echo chamber . . . In my opinion, regu- we have enough to worry about in Two other bipartisan House-passed latory uncertainty is a canard invented by these tough economic times. We can’t bills give small businesses a new ave- Republicans that allows them to use current allow the myth to distract us from the nue to raise capital and small investors economic problems to pursue an agenda sup- real crisis of high unemployment fac- a new opportunity to invest in them by ported by the business community year in ing this great Nation. allowing small businesses to raise and year out. In other words, it is a simple money over the Internet and through case of political opportunism, not a serious f effort to deal with high unemployment. social media without having to shoul- RECOGNITION OF THE MINORITY der the same kind of regulatory obsta- Listen to what he said again because LEADER cles as big businesses. it is worth repeating. The ACTING PRESIDENT pro tem- We all know access to capital is one No hard evidence is offered for this claim: pore. The Republican leader is recog- of the key ingredients to economic It is simply asserted as self-evident and re- nized. growth. Here is a way to make it easier peated endlessly throughout the conserv- for folks to get capital that also creative echo chamber . . . In my opinion, regu- f latory uncertainty is a canard invented by ates new avenues for the little guy to CONSIDERING HOUSE-PASSED invest—and to start hiring. Senators Republicans that allows them to use current LEGISLATION economic problems to pursue an agenda sup- THUNE and SCOTT BROWN have com- ported by the business community year in Mr. MCCONNELL. Madam President, panion bills in the Senate. Why don’t and year out. In other words, it is a simple over the past few weeks I have high- we take them up and pass them?

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7423 This is the kind of approach we ready for their holiday dinner and the makes up all or more than half their should be taking in the Senate, putting family gathering and all the wonderful income. In my own State, 500,000 work- aside these great big partisan bills that traditions that go into this very spe- ers are on Social Security, so pro- Democrats know have bipartisan oppo- cial holiday they are saying: Where are tecting the social contract is clearly in sition and focusing on smaller pro- we? Have we lost our way? Are we so our national interest. posals that can actually pass. On their mired in partisanship we cannot seem What brings me to the floor today? own, these bills will not solve the jobs to find a path forward? Two things. No. 1, I don’t think Social crisis. Frankly, no piece of legislation They think we are the turkeys. They Security should be in the debate about can, large or small—but they will help, want us to stuff it. They want us to get how to reduce our debt or our deficit. I and they make it easier for businesses on and start worrying about the table, do think Social Security should be dis- to start hiring. worry about their kitchen table, and cussed in a rational, calm, nonpartisan They will show the American people bring everybody to the table here and way to ensure safety and solvency and something they do not believe we do begin to solve national problems and to reliability. enough of around here; that is, to work do it in a way that brings the country The other issue that brings me to the together on their behalf. This is how together. What do they want us to do? floor is how do we put our arms around divided government works, through While maybe at the kitchen table the the cost-of-living problem? It is indeed real cooperation and a search for com- children will argue over who gets the vexing. How do we meet the needs of mon ground and solutions. This is what wishbone, they want us to have back- the people but not exacerbate the Republicans on the joint committee bone to make the tough decisions that drawdown in the trust fund? These are have been trying to do for the past sev- these times call for but not to be tough valid conversations. Wise people should eral weeks. It is what House Repub- on one another. talk about it. But one thing I am op- licans have been doing all year. As I think about this, I think about posed to is called the chained CPI— I say let’s take up these bills and Social Security. We say everything isn’t that a terrible word, ‘‘chained’’ pass them and then send them on down should be on the table. I think every- CPI? In our country, the very word to the President for signature. The ad- thing should be on the table that ‘‘chains’’ has such a negative connota- ministration supports many of these caused our deficit. I think everything tion. House-passed bills. Democrats in the should be on the table that caused our What I worry about is that its Draco- House strongly support many of them debt. Social Security did not cause our nian effect will have a chain reaction and Republicans support them over- deficit. Social Security did not cause on seniors that will cause a tremen- whelmingly. So let’s do it. Let’s build our debt. Do we need to take a look at dous crash. I am concerned we are on the momentum we have from last Social Security to ensure its safety and about to shred the social contract. Let week after passing the 3-percent with- solvency for the rest of the century—or me tell you what the chained CPI is. It holding and the veterans bill, and let’s certainly well beyond 2050 or 2070? Ab- would actually cut Social Security by show the American people we have hit solutely. But I say this: While the over $100 billion over the next 10 years. upon a formula for legislative success supercommittee is charged with look- It does it by changing the cost of living around here. ing at a more frugal government, we as calculated. It is based on a theory. I yield the floor. must maintain the social contract. The It is based on social engineering, some social contract in the United States of kind of abstract concepts about human f America is the contract that the U.S. behavior, that invisible hand that RESERVATION OF LEADER TIME Government made with its people. It Adam Smith talks about. I worry that this invisible hand will actually pinch The ACTING PRESIDENT pro tem- said, if a person went by the rules and Social Security. It assumes consumers pore. Under the previous order, leader- they paid their dues, al la the payroll will substitute lower cost items for ship time is reserved. tax, there will be a benefit for them. It will be a defined benefit. It is called what they normally purchase; that is, f Social Security. It will be undeniable, if the price of apples increases, they MORNING BUSINESS it will be reliable, and it will be infla- will go buy oranges. I am afraid what tion-proof. we are doing is we are going to buy The ACTING PRESIDENT pro tem- Every President has agreed there is a lemons. pore. Under the previous order, the social contract. Every President has The chained CPI is inappropriate be- Senate will be in a period of morning taken a look at how to provide for cause actually seniors have a fixed business until 11 a.m., with Senators that. Some ways we have agreed with, market basket. They not only have a permitted to speak therein for up to 10 some we have disagreed with. Where we fixed income, but they have a fixed minutes each, with the time equally di- agreed was the great, wonderful way market basket. Their primary expendi- vided and controlled between the two we worked in the 1980s when Social Se- ture is health care, over which they leaders or their designees, with the ma- curity was facing challenges and Presi- have little control. The cost of health jority controlling the first half and the dent Reagan reached out to Tip O’Neil, care continues to rise. Their next one Republicans controlling the final half. Bob Dole, Bob Byrd, Howard Baker, is energy, then food, and then housing. The Senator from Maryland. and we made Social Security solvent For seniors, this is not like giving up f for 30 or 40 years. We did the same opera tickets for movie tickets. It is under President Bill Clinton. not like giving up a latte for Dunkin’ CHAINED CPI President George Bush, the No. 2 Donuts. For them, it is not giving up Ms. MIKULSKI. Madam President, I Bush, ‘‘W,’’ wanted to privatize Social Whole Foods, it is having no food. We wish to address one of the most impor- Security. We stopped that. We do not have to get real about the market bas- tant issues facing the supercommittee; believe in the privatization of Social ket of seniors. that is: Where does Social Security fit Security. We did not want to turn So- I wish to make three points about into their plans? The Chair knows be- cial Security over to Wall Street. We the myths. No. 1, the chained CPI is cause she is very close to the people of believed Wall Street got enough, they not a technical fix. Despite popular no- New Hampshire, she knows all over her didn’t have to get Social Security. If a tions, op-eds, editorial boards, it is not great State, and mine in Maryland, person were older or sick, we didn’t just a technical corrective. It would ac- people are getting ready for Thanks- want them to rely on the bull of polit- tually fundamentally restructure So- giving. As they get ready, they first of ical promises or the bear of a market. cial Security. It could very well have a all give gratitude for living in the Social Security affects so many peo- chain reaction, pushing old people into United States of America, the land of ple. There are 50 million Americans poverty. Under the way the CPI is cal- the free and the brave. But they are who rely on Social Security: retired culated, if a person is now getting also wondering what kind of country workers, their spouses, people with dis- $15,000 a year when they are 65, when are we living in right now because the abilities. For two-thirds of the people they are 75, they will have $5,000 less, Chair and I know they are worried on Social Security, their benefit is be- and if they live to 85, it will be reduced about paying their bills. As they get tween $14,000 and $15,000 a year. It by $1,000.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7424 CONGRESSIONAL RECORD — SENATE November 15, 2011 I have this in this chart. The num- Mr. COBURN. It is my understanding Code and our safety net programs are bers I am giving do not come from we have until 11 a.m. for those who truly need it and not for BARB MIKULSKI. They don’t come from The ACTING PRESIDENT pro tem- those who don’t. some wonky, lefty think tank, this pore. The Senator is correct. We went through the total tax breaks comes from the Social Security Actu- f of $113.7 billion over the last 4 years. ary, the keeper of the books and the Mortgage interest: $27.7 billion in tax THE TAX CODE projections for Social Security. For a breaks to people who are making more single woman on Social Security under Mr. COBURN. Madam President, our than $1 million a year. That is a lot of the chained CPI, from the time she is country is at a crossroads. Anybody dough. 65 until the time she is 80, she could who is watching Europe will find that Rental expenses. The writeoff of rent- lose as much as $6,000. In other words, they have been very slow to address al expenses for those making more—we the older we get, the worse it will get. the real underlying problems of debt are not talking businesses. None of Remember, under chained CPI, the and deficits there. They have a much these are business deductions. These older we get, the less we will get; the more difficult time than what we are personal deductions for the very older we get, the worse it will get. should because they have a monetary wealthy in this country who are mak- Myth No. 2 is, this is not an imme- union without a political union. We ing more than $1 million adjusted gross diate cut. Oh, it is going to go into fu- have a monetary and political union. income a year. We allow them to write ture beneficiaries. Oh, it is a long way The fact is that over the next 10 off $64.3 billion in rental expenses. off. Whomever it hits, it will hit hard. years we are going to have a debt—in- Gambling losses. We allowed the rich Remember the chain reaction. But it is cluding borrowing money for student and famous to reduce their taxes by $21 a myth. According to the Social Secu- loans, borrowing money to pay back billion because we allow them to gam- rity Actuary, the chained CPI will af- Social Security, what has been stolen— ble, and if they lose money, they get to fect everyone, and if we pass it as part we are going to have a true debt of write it off. So we are subsidizing the of the supercommittee, it will go into about $27 trillion to $28 trillion. It is loss. We are subsidizing their gambling effect December 2012. It will go into ef- absolutely unsustainable. It won’t hap- losses. fect immediately, December 2012. That pen—according to Ben Bernanke—be- Canceled debt, debt writeoffs, debt is a pretty big deal. cause his statement is, the world will forgiveness. We have allowed $128 bil- The third myth is, this change would not loan us the money. lion in terms of writeoffs for those peo- mirror people’s behavior, but it doesn’t What is going on in Europe today? ple making more than $1 million ad- take into account health care costs, What is going on in Europe today is the justed gross income. the cost of prescription drugs, copays, markets are punishing the countries Business entertainment—and this is and premiums. Remember, one way or that have excessive debt-to-GDP ra- not through business, though, not run the other we are going to change Medi- tios. We sit at 100 percent debt to GDP. through a business; this is personal de- care. We see what has happened just in the ductions for business entertainment— What I want to do at this time is last 2 weeks to bond rates for Italy. $607 billion. sound the alert. I want to ring the bell. The differential between an Italian Electric vehicle. What are we seeing? I am at my battle station. I am at my bond rate and a German bond rate is Who are the people taking advantage of duty station. I want every Senator, now about 430 basis points, a 4.3 dif- our messing in the economy and cre- when they vote on this, to have in- ferential for the same length maturity ating an incentive for somebody to buy formed consent. I want people to read bond for Italy versus Germany. What is an electric vehicle? The vast majority about it and know about it and make the difference? Germany is living with- are the people who don’t need the up their own minds. I oppose the in the confines of its economic capa- writeoff in the first place. What we chained CPI. I oppose Social Security bility. Italy didn’t. How does that have is $12.5 million last year alone in being in the supercommittee. I am not apply to us? It applies to us in that we tax credits for the very wealthy to drawing a line in the sand today. I are not and what will happen to us if take a $7,500 or $8,500 tax credit for want to say for the supercommittee, we don’t make the difficult changes buying an electric car. God bless them in their work, they are that are necessary. Childcare, nanny care for the very truly pursuing this in a duly diligent There has been a lot of rhetoric on wealthy last year: $18 million. way, and we hope we can come to a both sides of the aisle and there has Renewable energy tax credits for the great resolution where we can reduce been rhetoric from the President in very wealthy: $75.6 million. our debt, reduce our deficit, and do it terms of us looking at who pays what The whole point of putting this rein a way that is a balanced approach in terms of taxes in this country. But port out is we are schizophrenic with but does not balance all this on the nobody is looking at what we are doing our Tax Code. We have it upside down. backs of senior citizens. with our Tax Code that enables those When people talk about how they want FDR signed this bill 75 years ago. who are the wealthy in this country to millionaires to pay more—they are Every President, regardless of party, pay less taxes. So I had my staff put paying plenty. The top 1 percent pays said we will keep the social contract, together a list of the subsidies for the 38 percent, the top 20 percent pays 80 pay your dues through this payroll tax, wealthy in this country, because the percent of all of the taxes in this coun- Social Security is going to be there for answer isn’t just to raise taxes; part of try. But if we want to start getting at you. We want Social Security to be the answer is to quit subsidizing these this, the way we do it is start taking there for the seniors, and we need to be behaviors. away the things that reduce their tax there for the Social Security Program. We came up with a piece that we put burden that don’t make sense, that I hope my colleagues put due dili- out called ‘‘Subsidies for the Rich and aren’t smart, and that don’t help those gence into understanding this policy. Famous.’’ It is a report that looked at who need the true safety net in our I yield the floor and note the absence every government program. We looked country. These people aren’t dependent of a quorum. at everything we do. What we found is on these. They will do fine without The ACTING PRESIDENT pro tem- every year, for people having adjusted them. The whole purpose for most of pore. The clerk will call the roll. gross incomes above $1 million, we give these programs was to create and sus- The legislative clerk proceeded to $28 billion worth of benefits in the Tax tain a safety net for those who are less call the roll. Code or through our programs. I will fortunate. The ACTING PRESIDENT pro tem- tell my colleagues that if we wanted— When we allow $113.7 billion in tax pore. The Senator from Oklahoma. I am one of those who thinks we ought breaks for the wealthy over 4 years, Mr. COBURN. Madam President, I to reform our Tax Code, we ought to what could we do with that money? ask unanimous consent that the order lower the rates, we ought to make it Well, we could run a NASA that is for the quorum call be rescinded. where it actually increases produc- twice as big. We could not borrow $113 The ACTING PRESIDENT pro tem- tivity in this country, creates capital billion because the interest rates on pore. Without objection, it is so or- investment. But one of the first steps that are significant; another $4 billion dered. in doing that is to make sure our Tax or $5 billion a year in interest that we

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7425 wouldn’t have to borrow. We wouldn’t derpinning for those who need it. We The ACTING PRESIDENT pro tem- have to make some defense cuts that have gone completely the other way. pore. Under the previous order, there are going to have to come. We could My point is we have all this discus- will be 1 hour for debate, equally di- maybe put more money into Medicare sion about what we should do. We are vided in the usual form. prevention and disease prevention wringing our hands. The first thing to The Senator from Alaska. rather than what we have done. There do is to fix the Tax Code and the best Mr. BEGICH. Madam President, I am are all sorts of things we could do. way to fix it is to say 3 months from glad the Senate will confirm two more The point behind the report is that now it is going away, and have Finance highly experienced Federal judges this most Americans don’t realize how we and Ways and Means Committee in the morning. I wish to take a moment to are subsidizing through tax credits the House come together with a new Tax speak in support of the nomination of very wealthy in this country. I don’t Code that fixes all of this. Everybody one of Alaska’s finest State judges to have any real problem with them tak- in Washington says that can’t be done. the Federal bench. ing the tax credits. We put it out there. Nobody outside of Washington says it Today, the Senate will vote to con- The real question we ought to be ask- can’t be done, but we say it can’t be firm the nomination of Judge Sharon ing is why are we doing all of this in done. It can be done. It needs to be Gleason to be a judge for the U.S. Dis- the first place. Does the economy itself done. trict Court for the District of Alaska. I in a free market not allocate resources If we want a healthy future, we need know Sharon quite well, and I rec- better than we can do? How many to reform our Tax Code to generate ommended her to the President for this Chevy Volts have been sold this year? greater investment, greater job oppor- opening. The answer is 5,000. So 5,000 times tunity. We need to lower the rates, and I can say without hesitation that she $7,500 is what we paid in tax credits to we need to eliminate things such as is one of Alaska’s finest. She is smart, have the Chevy Volt sold because ev- these that don’t truly help the econ- she is compassionate, well rounded, erybody who bought it got a $7,500 tax omy, but help those who were smart and possesses an ample supply of com- credit. If it is a viable product, then let enough to figure out how to play the mon sense. people buy it. If it is not, they won’t. game, who are the wealthiest in this Alaska’s judicial candidates are rated Yet who are the people who bought country. I am proud of them. I want by their peers, and Judge Gleason con- most of the Chevy Volts? People mak- them to be more successful. But in sistently receives among the highest ing significantly more than the aver- these difficult times, we need to ask marks possible. For these reasons, and age American. them to contribute more. We need to many others, I hope all my Senate col- If we are going to play in the Tax not have these kinds of programs in leagues will join me in supporting her Code, what we ought to do is play on a our Tax Code that actually subsidize nomination. very level playing field. If we want to those who need no subsidy. Her confirmation will make Judge create incentives, then we ought to With that, I yield the floor and note Gleason the first female judge ap- create incentives that actually will do the absence of a quorum. pointed to the Federal bench in Alaska something for the economy rather than The ACTING PRESIDENT pro tem- history. That is truly momentous for benefit those who make the most pore. The clerk will call the roll. our State and long overdue. money in the economy. The legislative clerk proceeded to I know many Alaskans back home— I would say what this spells is a case call the roll. and 4 hours earlier—are watching these for us to totally reform our Tax Code. Mr. BEGICH. Madam President, I ask floor proceedings today because of the Most people don’t realize this is one of unanimous consent that the order for significance of this appointment. the side effects. That is not to say the quorum call be rescinded. Sharon was appointed to the Anchor- there are not some good side effects. The ACTING PRESIDENT pro tem- age Superior Court in 2001 by Gov. But the fact is when we are running pore. Without objection, it is so or- Tony Knowles, who was my boss when $1.3 trillion deficits, do we want to be dered. he served as mayor of Anchorage. On subsidizing the rich and famous in this the Superior Court, Judge Gleason has f country with our programs? I would presided over a large variety of cases, say no. CONCLUSION OF MORNING including complex civil litigation, di- When Medicare Part B started, 50 BUSINESS vorce and custody proceedings, child- percent of the cost of Medicare Part B The ACTING PRESIDENT pro tem- in-need-of-aid proceedings, and crimi- was to be borne by the Medicare recipi- pore. Morning business is closed. nal cases. ent. We are at 25 percent now. There Judge Gleason now serves as the pre- was never any thought—and, remem- f siding judge of the Third Judicial Dis- ber, nobody ever paid anything for EXECUTIVE SESSION trict in Alaska. That position is re- that. In other words, that is all bor- sponsible for overseeing 70 percent of rowed money to do that. Nobody ever the caseload of the entire State trial contributed into a Part B fund. They NOMINATION OF SHARON L. GLEA- courts and includes 40 judges and 20 contributed into a Part A fund which, SON TO BE UNITED STATES DIS- magistrates. by the way, will be bankrupt in 41⁄2 TRICT JUDGE FOR THE DISTRICT Her record as a judge has been excel- years. What about those on Part D? No- OF ALASKA lent. She is widely praised for her judi- body ever paid a penny, and we have cial temperament, her fairness on the $13 trillion in unfunded liability in bench, and especially her pioneering Part D. Why should the very wealthy NOMINATION OF YVONNE GON- work on behalf of families and chil- get subsidized drugs in this country? ZALEZ ROGERS TO BE UNITED dren. For that work, she was awarded Why should they get subsidized Part D? STATES DISTRICT JUDGE FOR the prestigious Light of Hope award in In other words, we ought to ask our- THE NORTHERN DISTRICT OF Alaska. selves a question. CALIFORNIA Sharon is an active member of her Think about Social Security. Why is The ACTING PRESIDENT pro tem- community, serving on numerous legal Canada’s Social Security system not in pore. Under the previous order, the committees. She also is a heck of a trouble? Because Canada looks at how Senate will proceed to executive ses- clarinet player, and she has been play- much income a person is making every sion to consider the following nomina- ing in the Anchorage Symphony Or- year, and at certain levels a person tions, which the clerk will report. chestra for more than 25 years. gets half of their Social Security be- The bill clerk read the nominations Judge Gleason received the unani- cause they obviously don’t need it be- of Sharon L. Gleason, of Alaska, to be mous bipartisan support of every mem- cause their income is up there, and at United States District Judge for the ber of the Senate Judiciary Com- a certain other level they get none of District of Alaska and Yvonne Gon- mittee. The American Bar Association it. Why? Because it is based on a zalez Rogers, of California, to be has rated her ‘‘unanimously well quali- means-testing mechanism that says United States District Judge for the fied,’’ their highest possible rating for this program is designed to be an un- Northern District of California. a Federal judge.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7426 CONGRESSIONAL RECORD — SENATE November 15, 2011 If confirmed, Judge Gleason will fol- Alaska are quite proud of. We think it end day every week. She insists upon low a long line of excellent Federal is a very effective process and works litigants being respectful of one an- judges in Alaska. She will replace re- well. Every candidate is formally eval- other in litigation and during the hear- tiring Judge Jack Sedwick, who has uated on issues such as integrity, pro- ings. She spends many hours evalu- served our State with distinction for fessional competence, fairness, judicial ating herself to ensure that she is not nearly a decade on the Federal bench. temperament, and suitability of experi- only meeting her own standards about Judge Sharon Gleason is one of my ence. being fair to all sides but also behaves State’s finest legal minds, and I am As a member of the Alaska bar, I get in a manner that leaves the parties to confident she will continue to fairly the bar survey polls to evaluate the in- know she is being fair. She takes great and effectively serve Alaskans from dividuals as their names go forward, pains to articulate to parties how she the Federal bench. and you look through the categories to will run a hearing and why she is rul- I urge all my colleagues to support rate each candidate. I think if you were ing as she does. She has tremendous her nomination to the U.S. District to ask any Alaska attorney about the control of her own demeanor so that Court. rigor of this process, you would get the she maintains control of proceedings. I yield the floor and suggest the ab- same answer, that it is a very effective As a result, parties almost universally sence of a quorum. process. The grading is tough, and leave a hearing or a case feeling she The ACTING PRESIDENT pro tem- those who are not up to the challenge has understood them and thought care- pore. The clerk will call the roll. do not slip through any cracks. The fully about her decision. She acts with The bill clerk proceeded to call the Governor may only appoint a candidate an appreciation that for the litigants roll. who has been recommended by the involved the case before her is the most Ms. MURKOWSKI. Madam President, Alaska Judicial Council. important thing in their lives at the I ask unanimous consent that the order Once selected, a Superior Court judge time. She is, and I believe will con- for the quorum call be rescinded. must stand for periodic retention elec- tinue to be, a superb judge. The ACTING PRESIDENT pro tem- tions. The Alaska Judicial Council re- Another judge said: Sharon’s skills as pore. Without objection, it is so or- evaluates each judge standing for re- a capable trial court judge and an ex- dered. tention and then makes a recommenda- cellent presiding judge are well known Ms. MURKOWSKI. Madam President, tion to the voting public on whether to Alaskans. She will be missed by her this is a big day for us in Alaska and in that judge should be retained. Once colleagues in the State court but she Alaska’s legal history. The Senate is again, the process is quite rigorous. will make a fantastic addition to the today considering the nomination of The judicial council surveys attorneys, Federal district court. Sharon Gleason. Sharon is the first jurors, law enforcement, court employ- The American Bar Association has woman to be nominated for United ees, social workers, guardians ad litem, evaluated Judge Gleason as being ‘‘well States district court judge in Alaska. and court-appointed special advocates. qualified’’ for elevation to the U.S. dis- She is an outstanding nominee and I The scores then are made public. So it trict court. I think she will make an regard it as a privilege to speak in sup- is a very open process. It involves exemplary U.S. district court judge. I port of her nomination today. many, many within the Alaska legal am proud to support this nomination, Sharon Gleason is a native of Roch- community and is quite transparent. and I would encourage my colleagues ester, NY. She earned her bachelor’s Sharon Gleason last stood for reten- to do the same. degree from Washington University in tion in 2010, and she scored high on Mr. GRASSLEY. Mr. President, St. Louis. She received her law degree measures of legal ability, impartiality, today the Senate will confirm two from the University of California- integrity, temperament, and diligence. more of President Obama’s judicial Davis. Upon graduation from Davis, In her 2010 retention questionnaire, nominees. If my colleagues feel like Sharon was elected to the Order of the Judge Gleason stated this about her they have been spending a lot of time Coif, which is the national legal honor job: on the Senate floor voting on judicial society. Following her graduation, she The workload is particularly demanding nominees, I would tell them they have. clerked for Edmond Burke, who was . . ., involving many long days and week- In just a little over a month, we have the chief justice of the Alaska Supreme ends. But I continue to love going to work confirmed 20 article III judicial nomi- Court. just about every day . . . I strive to be the nees for lifetime appointments. In This was the beginning of an excep- best judicial officer that I can be in every total, the Senate has confirmed 71 per- tional legal career in the State of Alas- case that comes before me. cent of the President’s judicial nomi- ka for Sharon Gleason. After 17 years Those were the words of Judge Glea- nees since he took office. in private practice, Sharon was se- son. I think that is an excellent out- I would like to say a few words about lected to serve on the Alaska Superior look for a member of our judiciary, and the nominees. Court for the Third Judicial District in Alaskans clearly agreed. The Alaska First, Sharon Gleason is nominated Anchorage. She came to the bench in Judicial Council recommended her re- to be United States District Judge for 2001. In 2009, Sharon was elevated to tention and she was retained with the District of Alaska. Judge Gleason the role of presiding judge for the nearly 61 percent of the vote. received her bachelor of arts from Third Judicial District. This is the ju- As a product of the Alaska court sys- Washington University in St. Louis in dicial district that is the busiest of our tem, Sharon Gleason has functioned 1979 and her juris doctorate from the four judicial districts in the State of with great distinction in a merit-based, University of California, Davis, School Alaska. nonpartisan, and nonpolitical environ- of Law in 1983. She then served as a law I think it is important to take a moment. In advance of the vote we will clerk for Chief Justice Edmond Burke ment here to explain how the process hold here in the Senate in about a half of the Alaska Supreme Court. works in the State of Alaska for ap- hour, I took the opportunity to survey After her clerkship, Judge Gleason pointment as a judge. Sharon was se- some judges who either worked with became an associate at the law firm lected, again, to serve on the Superior Sharon in Alaska or who have had the Reese, Rice, and Volland in Anchorage, Court. All applicants for State judicial opportunity to work with her. One of AK, where she worked on a variety of positions are vetted by the Alaska Ju- them reported that Judge Gleason has civil litigation. Judge Gleason became dicial Council. There is a commission presided over complex technical cases a partner in 1989 and remained at the that is composed of attorneys and of that lasted several weeks and required firm until 1995 when she became a sole public members, and the top candidates her to pour over thousands of pages of practitioner. are recommended to the Governor for exhibits and transcripts. She has also In 2001, Judge Gleason was appointed consideration and ultimate appoint- presided over child custody cases, mak- to the Anchorage Superior Court by ment. That merit process was created ing sure that she understands the needs then-Governor Tony Knowles. She was by the Alaska constitution, and it was of each child and how to assist or re- retained by voters in 2004 and again in intended to keep the politics out of the quire the parents to raise their chil- 2010. judicial selection process, and it is a dren appropriately. She is at work late The American Bar Association process that many of us in the State of each night and at least one full week- Standing Committee on the Federal

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In 2008, she Judge Gonzalez Rogers earned her had been elected into the partnership was appointed by then-Governor Ar- bachelor’s degree from Princeton Uni- of any major San Francisco law firm. nold Schwarzenegger to the Alameda versity in 1987 and her juris doctorate In her own words, Judge Gonzalez County Superior Court, where she cur- from the University of Texas, Austin Rogers ‘‘worked hard to break that rently serves. She has also served as re- School of Law in 1991. mold by becoming an excellent attor- gional president for the Hispanic Na- She began her legal career with ney worthy of invitation to the part- tional Bar Association. Cooley LLP and served as a member of nership.’’ She was elevated to Cooley’s I congratulate Judge Gonzalez Rog- the General Business Litigation prac- partnership in 1998. tice and the Real Estate Litigation ers and her family on this important In her application to my committee, day and urge my colleagues in the Sen- practice. She focused on large and com- she described her story as the ‘‘Amer- plex civil litigation matters, including ate to join in voting to confirm this ican dream,’’ and she said that she real estate and technology-related liti- highly qualified nominee to the Fed- ‘‘would be honored to spend the re- gation. eral bench. In addition to her legal practice, mainder of [her] professional career With that, Mr. President, I yield the Judge Gonzalez Rogers also chaired the serving the country that has given floor, and I suggest the absence of a Judiciary Committee for the northern [her] so much.’’ quorum. She currently serves as an Alameda California Hispanic National Bar Asso- The PRESIDING OFFICER (Mr. ciation and the San Francisco La Raza County superior court judge. Judge Gonzalez Rogers is an impressive ju- WEBB). The clerk will call the roll. Lawyers Association. In these roles, The bill clerk proceeded to call the she investigated candidates for the jurist—smart, personable, and with roll. diciary and recommended endorsement mainstream views of the law—who I be- where appropriate. lieve would serve very well as a Fed- Mr. LEAHY. Mr. President, I ask Governor Arnold Schwarzenegger ap- eral district judge. unanimous consent that the order for pointed Judge Gonzalez Rogers as a su- On the Superior Court, she has pre- the quorum call be rescinded. perior court judge for the State of Cali- sided over both a criminal and civil The PRESIDING OFFICER. Without fornia on July 25, 2008. She was re- calendar. She currently oversees a objection, it is so ordered. elected without opposition in 2010. docket of more than 500 civil cases. Mr. LEAHY. Mr. President, today the The American Bar Association She has also been active in the com- Senate is going to finally consider two Standing Committee on the Federal munity. She was appointed by the pre- of President Obama’s highly qualified Judiciary has rated Judge Gonzalez siding judge to serve as foreperson of nominees to fill Federal district court Rogers with a unanimous ‘‘Qualified’’ the Alameda County Civil Grand vacancies in Alaska and the Northern rating. Jury—an active investigative body District of California. They were Mrs. FEINSTEIN. Mr. President, I that examines complaints about the unanimously voted out by the Judici- am very pleased that we are consid- administration of county government. ary Committee 2 months ago. I am ering the historic nomination of Judge She served as cochair of Citizens for sorry it has taken so long because of Yvonne Gonzalez Rogers to the United Piedmont Schools, leading a campaign objections on the other side, but I am States District Court for the Northern to pass ballot measures for the benefit glad they now will be considered. District of California. of the local school systems. Each meas- Both Sharon Gleason and Yvonne When she is confirmed, she will be ure passed with over 80 percent of the Gonzalez Rogers have the strong sup- the first Latina district judge in the vote. port of their home State Senators and Northern District of California. Her dedication to her community is both were reported by the Judiciary Judge Gonzalez Rogers first came to admirable, as is her dedication to the Committee unanimously over 2 months my attention through a bipartisan Ju- law. dicial Advisory Committee that I have As she said in her own words, ‘‘I have ago. I thank the majority leader for se- set up in California. This committee a deep respect for judicial leadership, curing votes on their nominations. I recommended her to me, and I inter- for judges who manage the process and am disappointed that the Senate Re- viewed her personally. their courtrooms well, apply the law publican leadership would not agree to Judge Gonzalez Rogers is a tested fairly, and explain their reasoning a vote on the other 23 judicial nomi- judge with a proven track record of clearly. Reasonable people can dis- nees waiting for final Senate action. success and dedication to the northern agree. We need judges who will listen These delays are inexcusable and dam- California community. It was my privi- and then decide. I hope to have a long aging. lege to recommend her nomination to judicial career to live up to this stand- All 25 nominees on the Senate cal- President Obama. ard.’’ endar are qualified and have the sup- She lives in Piedmont, CA. She and I have no doubt she will live up to port of their home State Senators, Re- her husband have three children— that standard, and I strongly believe publican and Democratic. Twenty-one Christopher, Maria, and Joshua. she will be an outstanding Federal of these judicial nominations were Judge Gonzalez Rogers was born in unanimously approved by the Judici- Houston, TX. Her parents were each judge. The Judiciary Committee reported ary Committee. Senate Democrats are the oldest of nine siblings and grew up prepared to have votes on all these im- in south Texas. Spanish was their first her nomination by voice vote in Sep- tember, and I urge my colleagues to portant nominations. I know of no language. good reason why the Republican lead- Her father served in the U.S. Army vote to confirm her nomination today. ership is refusing to proceed on the 23 and went to college with assistance Mrs. BOXER. Mr. President, I want other judicial nominations that they from the G.I. Bill. to express my strong support for Cali- Out of a large extended family, she fornia Superior Court Judge Yvonne have stalled before the Senate. was one of only three family members Gonzalez Rogers as the Senate prepares The Senate Republican leadership to attend college. to vote on her confirmation to the U.S. has, again, insisted that the Senate She earned her undergraduate degree District Court for the Central District skip over two circuit court nominees from Princeton University, where she of California. Judge Gonzalez Rogers who would fill judicial emergency va- excelled, graduating cum laude in 1987. was recommended to the President by cancies on the Second and Ninth Cir- During school breaks and weekends, my colleague, Senator FEINSTEIN, and cuit. They, too, were reported unani- she spent her time cleaning houses and will be a great addition to the Federal mously and have the support of their cutting grass to help pay her tuition. bench. home State Senators. There is no good

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The Administrative Office’s More than half of all Americans—al- vacancy on the Second Circuit and data show that many of the circuits most 164 million—live in districts or Morgan Christen of Alaska to fill a ju- with the highest number of vacant dis- circuits that have a judicial vacancy dicial emergency vacancy on the Ninth trict judgeships also have the highest that could be filled today if Senate Re- Circuit. backlog of pending cases. The Ninth publicans just agreed to vote on the Senator GRASSLEY and I have worked Circuit has over 1,700 civil cases that nominations now pending on the Sen- together to ensure that each of these 25 have been pending for more than three ate calendar. As many as 25 states are nominations was fully considered by years. There are currently 14 district served by Federal courts with vacan- the Judiciary Committee after a thor- judgeships vacant in that circuit, in- cies that would be filled by these nomi- ough, fair process, including com- cluding five vacancies that the Admin- nations. Millions of Americans across pleting our extensive questionnaire and istrative Office has classified as judi- the country are harmed by delays in questioning at a hearing. This White cial emergency vacancies. The Fifth overburdened courts. The Republican House has worked with the home State Circuit has over 1,300 civil cases that leadership should explain why they will Senators, Republicans and Democrats, have been pending for more than three not consent to vote on the qualified, and each of the judicial nominees being years. There are eight district judge- consensus candidates nominated to fill delayed from a Senate vote is sup- ships vacant in that circuit, six of these extended judicial vacancies. ported by both home State Senators. which are emergency vacancies. I have heard some Senators excuse The FBI has conducted a thorough Our courts need qualified Federal the delays and the extraordinary num- background review of each nominee. judges, not vacancies, if they are to re- bers of nominations left pending on the The American Bar Association’s Stand- duce the excessive wait times that bur- Senate calendar by claiming that our ing Committee on the Federal Judici- den litigants seeking their day in progress on nominations this year has ary has conducted a peer review of court. While 3 years may be necessary been among the best in history. This is their professional qualifications. When for some of the most complex business not true on its face, and ignores the the nominations are then reported disputes, it is unacceptable for hard- Senate’s failure to confirm judges in unanimously by the Judiciary Com- working Americans who are seeking the first 2 years of the Obama adminis- mittee, there is no reason for months their day in court. When an injured tration, a practice which has led to his- and months of further delay before plaintiff sues to help cover the cost of torically high vacancies. The 56 circuit they can start serving the American his or her medical expenses, that plain- and district court nominations we have people. tiff should not have to wait for 3 years confirmed thus far this year is well be- With the vacancy rate on Federal before a judge rules on his or her case. hind the 68 we confirmed in the third courts throughout the country near 10 When two small business owners dis- year of President George W. Bush’s percent, the delay in taking up and agree over a contract, they should not first term. What makes the claim of confirming these consensus judicial have to wait years for a court to re- progress even more misleading is that nominees is damaging. Last week, The solve their dispute. of the 56 nominations we confirmed Wall Street Journal reported on the With almost one in 10 Federal judge- this year, 17 could have and should impact of these vacancies at a time ships currently vacant, the Senate have been confirmed when they were when the criminal docket on Federal must come together to address the se- reported by the Judiciary Committee district courts is growing. The article rious judicial vacancies crisis on Fed- last year and instead took us until states: eral courts around the country. Bill June of this year to consider. Even in- Robinson, the president of the Amer- Exacerbating the problem are vacancies on cluding these nominees on this year’s the Federal bench. Despite the surge in case ican Bar Association, warned recently total, the Senate’s progress this year loads, the number of authorized federal in a letter to Senate leaders that exces- barely cracks the top 10 years for con- judgeships has risen just 4% since 1990. Of sive vacancies and high caseloads, ‘‘de- firmed nominees in the last 35 years. the 677 district court judgeships currently prive . . . our federal courts of the ca- The truth is that the actions of the authorized, about 9.5% are vacant. (‘‘Crimi- pacity to deliver timely justice in civil Senate Republican leadership in stall- nal Case Glut Impedes Civil Suits’’) matters and has real consequences for ing judicial nominations during Presi- As a result, according to Judge the financial well-being of businesses dent Obama’s first 2 years led to con- McCuskey of the Central District of Il- and for individual litigants whose lives firmation of few judges, leading to high linois, ‘‘civil litigation has ground to a are put on hold pending resolution of vacancies. Republican leadership al- halt.’’ These delays affect both individ- their disputes.’’ Justice Scalia, Justice lowed the Senate to confirm only 47 uals and businesses. The article high- Kennedy and Chief Justice Roberts circuit and district court nominations lights that over 2,000 citizens of have also warned of the serious prob- last year and set the modern record for Merced, California who filed suit in lems created by persistent judicial va- fewest nominations confirmed with 2007 over toxic chemical contamination cancies. This is not a partisan issue, only 13 the year before—a total of 60 stemming from a 2006 flood are still but an issue affecting hardworking nominees confirmed in President awaiting resolution, and only one civil Americans who are denied justice when Obama’s first 2 years in office—leading trial has been held in the matter. In their cases are delayed by overbur- to judicial vacancies that stood at 97 at the article, Senior Judge W. Royal dened courts. the start of this year. In stark con- Furgeson of the Northern District of During President Bush’s first 4 years, trast, at the start of President Bush’s Texas is quoted warning that if deci- the Senate confirmed a total of 205 third year, 2003, judicial vacancies sions on contracts, mergers and intel- Federal circuit and district court stood at only 60 because the Senate had lectual-property rights ‘‘can’t be judges. As of today, we would need an- confirmed 72 of his circuit and district reached through quick and prompt jus- other 89 confirmations over the next 12 court nominations the year before and tice, things unravel for business.’’ months to match that total. That 28 in his first year in office, a total of Mr. President, I ask unanimous con- means a faster confirmation rate for 100 in the 17 months prior to 2003 with sent to have printed in the RECORD a the next 12 months than in any 12 a Democratic majority. copy of this article at the conclusion of months of the Obama administration The 100 circuit and district court my remarks. to date. That would require Senate Re- nominations we confirmed in President The PRESIDING OFFICER. Without publicans to abandon their delaying Bush’s first 2 years leading to a va- objection, it is so ordered. tactics. I hope they will. This is an cancy total of 60 at the beginning of his (See exhibit 1.) area where the Senate must come to- third year is almost a complete reverse Mr. LEAHY. A report published last gether to address the serious judicial of the 60 we confirmed in President month by the Administrative Office of vacancies crisis on Federal courts Obama’s first 2 years, leading to nearly the U.S. Courts demonstrates the ex- around the country that has persisted 100 vacancies at the start of 2011. Yet, tent of these delays in Federal court. for well over 2 years. We can and must even following those years of real

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We worked to reduce vation, as well as by the proliferation of more- 1997, federal court statistics show, Judge cancies on the circuit courts to single obscure federal criminal laws, threatens the McCuskey’s district had 55 civil cases that digits and throughout the Federal judi- functioning of the nation’s judicial system, were pending more than three years. Last ciary to fewer than 30. say some judges and attorneys. year, it had 1,200. The two nominees we consider today ‘‘We need the resources to do both’’ civil ‘‘Civil litigation has ground to a halt,’’ should have been confirmed 2 months and criminal law, says W. Royal Furgeson, a Judge McCuskey said, adding that ‘‘you’ve ago. Sharon Gleason is nominated to senior federal judge in Dallas. If decisions on got a right to sue but you do not get a right fill a vacancy in the District Court for contracts, mergers and intellectual-property to a speedy jury trial.’’ rights ‘‘can’t be reached through quick and The Illinois jurist blames the glut of crimi- the District of Alaska. She is currently nal cases on a shift in jurisdiction. Many the Presiding Judge on the Superior prompt justice, things unravel for business.’’ In the Northern District of California, a cases that once would have been handled by Court for Alaska’s Third Judicial Dis- widely watched intellectual-property fight state courts, including those dealing with trict, where she has served for nearly a between Google Inc. and Oracle Corp. has drugs, weapons and child pornography, are decade. Judge Gleason spent 17 years in stalled to an indefinite halt. The two-year- now being filed federally. Congress has private practice and clerked for Chief old case, in which Oracle alleges that passed statutes that duplicate existing state Justice Edmond Burke of the Alaska Google’s Android smartphone software in- laws but often carry heavier sentences, an Supreme Court. The ABA’s Standing fringes its copyrights and patents, was added attraction to law-enforcement offi- Committee on the Federal Judiciary scheduled to go to trial last month. Judge cials. William Alsup postponed it ‘‘due to a One of the nation’s heaviest loads can be unanimously rated her ‘‘well qualified’’ found in the federal courts of the eastern dis- to serve, its highest rating. Her home lengthy criminal trial.’’ In a written order, he said the trial would occur ‘‘in due trict of California, which covers an inland State Senators, Senator MURKOWSKI, a course.’’ swath from north of Los Angeles to the Or- Republican, and Senator BEGICH, a Oracle and Google declined to comment. egon border. Its per-judge caseload is 1,129 Democrat, gave Judge Gleason their Judge Alsup’s clerk said he was too busy to and getting worse with the September retire- strong support when they introduced comment. ment of Judge Oliver Wanger. Because he her to the Committee at a hearing in Over the past three decades, the U.S. has won’t be replaced, his cases will be divided July. If confirmed, Judge Gleason will steadily added to the federal rule book among those who remain. through new criminal statutes and regula- One of Judge Wanger’s cases was a lawsuit be the first woman to serve as a Fed- involving hundreds of people from a neigh- eral district court judge in Alaska. tions that carry criminal penalties. Com- bined with beefed-up enforcement, that has borhood in Merced, Calif., stemming from a Judge Yvonne Gonzalez Rogers is 2006 flood and subsequent concern about nominated to serve as a United States led to a 70% jump in the number of pending federal criminal cases in the past decade—to toxic chemical contamination from a nearby District Judge for the Northern Dis- over 76,000, according to the Administrative industrial site. In 2007, current and former residents filed trict of California. Since 2008, she has Office of U.S. Courts. suit in federal court against municipal enti- served as a judge for the Superior Civil litigation, which accounts for over ties and the former owners of the industrial Court of California in Alameda County. three quarters of federal court cases, is get- site seeking damages. Judge Gonzalez Rogers previously ting squeezed the most. In 2007, fewer than Judge Wanger divided the case into small- worked for 12 years as a litigator in 7% of civil cases were more than three years er trials, which would allow him to inter- private practice in the San Francisco old. By last year, that percentage more than sperse those hearings with other ongoing office of Cooley LLP, and served for 2 doubled, with nearly 45,000 cases in a holding cases. But only one of those civil trials has pattern. been held so far. years as a civil grand juror for Ala- While some of the case overload stems meda County. Originally appointed to Mick Marderosian, the plaintiffs’ attorney, from mass litigation, such as damage claims said many of his 2,000 clients are waiting for the Superior Court by Republican Gov- from Hurricane Katrina in 2005, much of it ernor Arnold Schwarzenegger in Octo- a resolution of the case, now heading to- traces back to the crowded criminal docket, wards its fifth year. ‘‘We get calls every day ber 2008, Judge Gonzalez Rogers has the say judges and other legal experts. The Con- from clients asking what is happening, what strong support of both of her home stitution and the Speedy Trial Act of 1974 is causing the delay,’’ he said. State Democratic Senators, Senators mandate criminal cases take precedence over Kathy Ramos said she and her husband, a FEINSTEIN and BOXER. civil cases. truck driver, spent $35,000 repairing their I hope that the Senate can build on Exacerbating the problem are vacancies on home after the flood. Her husband dropped our progress today by considering the the federal bench. Despite the surge in case plans to buy his own rig and the couple is loads, the number of authorized federal still paying credit-card debts from the home- other 23 judicial nominations pending judgeships has risen just 4% since 1990. Of on the Senate calendar. With less than repair work. As for the lawsuit, ‘‘we would the 677 district court judgeships currently just like to have it over with,’’ she said. 5 weeks left before Senate adjournment authorized, about 9.5% are vacant. To get around the eastern district’s prob- for the year, the Senate needs to con- Instead of waiting, many civil litigants are lems, the suit has been transferred to a fed- sider at least 5 judges every week in settling their disputes. That can be appro- eral judge in Santa Ana, Calif. order to begin to catch up and erase priate in many cases, but there is ‘‘no short- For two and a half years, Amy Bullock has the backlog that has developed from age of plaintiffs who wind up taking inad- been waiting for her day in court seeking the delays in the consideration of con- equate settlements’’ or businesses that make damages for the death of her husband in a unnecessary payments to end the expense 2006 truck accident. Her suit was filed in sensus nominees caused by the Senate and uncertainty of litigation, says Ian Republican leadership. We should not Denver federal court two years later against Millhiser, a policy analyst at the Center for Daimler Trucks North America LLC, for- end another year with the Senate Re- American Progress, a liberal think tank. merly Freightliner LLC. publican leadership refusing to give Elizabeth and Nicholas Powers were await- It has been postponed twice, once in No- final consideration to qualified judicial ing jury selection in their employment-dis- vember 2010, about two weeks before the nominees and insisting on their nomi- crimination suit against the University of Il- trial was supposed to start, and again this nations being returned to the President linois when the federal judge assigned to the October to make way for a firearms case. to begin the process all over again. case earlier this year called a sudden halt to ‘‘It was devastating to hear it was post- instead tackle a mounting series of criminal poned,’’ says Ms. Bullock. Such delaying tactics are a disservice cases. Daimler disputes the merits of Ms. Bul- to the American people. The Senate Their 2008 lawsuit, which named the Board lock’s claim, which revolves around the should fulfill its constitutional duty of Trustees of the University of Illinois as truck’s safety design and whether it had ade- and ensure the ability of our Federal defendant, alleged Ms. Powers received lower quate safety restraints in its sleeper com- courts to provide justice to Americans pay for her work than male employees. It partment. Its attorney, Peter Jones, a Den- around the country. also alleged Mr. Powers, who also worked for ver lawyer, nonetheless agrees that the EXHIBIT 1 the university, was treated differently than delays represent ‘‘a huge inconvenience to the wives of male professors who worked at the clients and the witnesses who are in- [From the Wall Street Journal, Nov. 10, 2011] the school. volved on both sides.’’ CRIMINAL CASE GLUT IMPEDES CIVIL SUITS After the delay, the couple decided to set- The trial is now scheduled for March 2012. (By Gary Fields and John R. Emshwiller) tle for $85,000 rather than wait for a new Said the 41–year-old Ms. Bullock: ‘‘I’m look- An explosion of criminal prosecutions in trial. An attorney for the University of Illi- ing forward to having my day in court but, the nation’s overextended federal courts has nois declined comment on the settlement. honestly, I feel like it may never happen.’’

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7430 CONGRESSIONAL RECORD — SENATE November 15, 2011 VERMONT’S REBUILDING I traveled around the State the day some, people I have known literally all Mr. LEAHY. Mr. President, I want to after Irene. It was hard to believe it my life, who drew from their deep res- talk for a few moments about the posi- was such a beautiful day. The Sun was ervoirs of resiliency and resolve in the tive impact next year’s Transpor- shining. It looked like the nicest sum- wake of Hurricane Irene; people help- tation-HUD appropriations bill is going mer day you could imagine, except ing people they don’t even know but to have on my home State of Vermont, that as the Governor and I and General saying, ‘‘That is the way we do it in particularly as we continue rebuilding Dubie, the head of our National Guard, Vermont’’; people moving even before from Hurricane Irene’s destructive went by helicopter, we would go along FEMA or anybody else came to help forces back in August. and we would see a beautiful road, with the disaster, moving to make sure I want to praise subcommittee chair houses, farms, a river running along that people who might need to get to a PATTY MURRAY and ranking member one side, everything peaceful, and we hospital, even if we had to carve a road SUSAN COLLINS. Their hard work and would go about a mile, and all of a sud- through woods for them, it would be dedication ensures the final bill, filed den the river was on the wrong side of done. This is the Vermont way. last night, provides both appropriate the road and hundreds of yards of road But I was moved to tears going funding for disaster relief accounts and had disappeared, there were gaping through the State and seeing things also moves heavy truck traffic out of holes 50-, 100-, 150-feet deep and busi- that I remembered as a child that had historic downtowns both in Vermont nesses, houses, barns in the river, de- always been there and I assumed would and in Maine. stroyed. These are places that have not be there all my life destroyed in a mat- As you and the others know, ever changed for 100 years but did in this. I ter of hours. since Hurricane Irene, I have spoken remember saying to the Governor: We These storms are going to enter the over and over again on the floor of the will get the aid. history books alongside the horrific Senate but also in meeting after meet- I was already getting e-mails from floods of 1927 in our State—something I ing of the Appropriations Committee some of my colleagues—both Repub- remember my grandparents and par- and probably in hundreds of hours in licans and Democrats—here in the Sen- ents talking about. I remember my discussions with both Republican and ate saying that Vermont had always grandparents and parents saying: We Democratic Senators, especially on the supported their States when they had hope we never see something like this Appropriations Committee, about the disasters, and they would support us. again. They didn’t, but their son did, needs to Vermont. But the Governor and I and everybody and I can’t tell you how much it hurt. Irene was devastating to our small else realized that we had to have waiv- But I cannot tell you how much it State of Vermont. Both my wife and I ers in the final bill to do the things we means to me that, again, Senators were born in Vermont, and never in our needed. They are essential to ensuring joined with me in saying: We will find lifetime have we seen anything like that Vermont can promptly begin work the money Vermont needs. Back in what we saw—record rains, and flash on emergency and permanent repairs 1927, the National Government helped floods simply washed away homes, sooner rather than later. It is the mid- our State recover, as it should, be- farms, businesses, roads, and bridges dle of November, and they no longer cause, after all, we are the United all over the State, including some that make asphalt after about the middle of States of America. The American peo- had been there for 100 years. Of all the November. Severe winter weather is ple come together in times such as body blows we suffered when Irene right around the corner. So it will these, just as Vermonters have always raked our State from border to border, make it nearly impossible to rebuild been among the helping hands extended repairing the damage to our roads and before March or April. to other States at their time in need. our bridges and our rail lines is one of When I proposed the waivers in this So the progress this bill makes in help- our most urgent priorities, especially bill, I can’t tell you how much I appre- ing Vermont and other States meet in a State in which we have already ciated the fact that Senators MURRAY their urgent needs is a testament to had substantial snowfalls. and COLLINS supported that, as did Re- the determination of many in this The huge expense of mending our publicans and Democrats alike, on the body. Again, Republicans and Demo- transportation network is well beyond appropriations bill. It may seem like a crats have been willing to set aside ide- the ability of a small State such as small thing, but to our little State, it ological differences and partisan ten- ours. When we tallied up the destruc- is the difference between economic dis- sions to accomplish the work the tion, it became quickly very clear that aster and being able to rebuild, and I American people expect from their gov- Vermont is going to need more Federal can’t thank Senators enough for sup- ernment. help than the money that is now in the porting me on these waivers. When I first proposed this increase in pipeline. In fact, we are not alone in The bill also includes another high disaster aid not only for Vermont but that. The same can be said of other priority for Vermont: moving heavy for every other State, when I first pro- States ravaged by Irene. trucks off the State’s secondary roads posed these waivers, I hoped they With many Federal aid disaster pro- and onto our interstate highways. would happen. None of us knew wheth- grams underfunded, I am especially Overweight truck traffic in our villages er they would. I am pleased now to see pleased that this bill contains $1,662 and downtown poses a threat to the a bill where they have. It came about million to replenish the Federal high- State’s infrastructure, but it is also an because Senators from all over the way disaster relief fund. That is going unnecessary safety risk to both motor- country of both political parties to help Vermont and the other States ists and pedestrians. worked together. You know, I wish we that were so badly damaged rebuild The Leahy-Collins provision in this had more of that in Washington these vital roadways and bridges. Of course, bill will end the steady parade of over- days. I would like to think that maybe these connections are crucial to dis- weight trucks in Vermont and Maine this is a wonderful step forward and we tributing aid, rebuilding our economy, from rumbling through our historic are all going to benefit from it. and serving as a lifeline to small com- downtowns and small, narrow roads Mr. President, I know we are shortly munities, and, working with Governor that come within a few feet of schools, to vote on the judicial nominations. I Shumlin, Senator SANDERS, Congress- houses, businesses, and town greens. It would ask the Chair how much time re- man WELCH, and community leaders will help Vermont businesses and com- mains before that vote. across Vermont, it became clear right munities struggling even more right The PRESIDING OFFICER. There is away that, given the mammoth de- now because of the large number of 131⁄2 minutes remaining before the vote. struction of the storm, certain waivers State and local roads already heavily Mr. LEAHY. Mr. President, just to are going to be needed to allow States damaged during the recent flooding. notify other Senators, I am shortly to have these emergency funds without When we first met in the Appropria- going to suggest the absence of a unnecessary burdens or delays. We tions Committee and I first raised the quorum. I will then ask us to come out have made adjustments to these caps needs of Vermont, I have to admit that of the quorum at noon, and unless I in the past after major natural disas- I got emotional in that appropriations hear that somebody wishes to speak on ters such as Hurricanes Katrina and meeting, as I did here on the floor. It is either of the nominees, I will then Andrew and tornadoes in the South. because I saw my fellow Vermonters, move that time be yielded back. I will

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7431 not do that until 12:00. But I now sug- Schumer Stabenow Udall (NM) VOTE EXPLANATION Sessions Tester Webb ∑ gest the absence of a quorum. Shaheen Thune Whitehouse Mr. DURBIN. Mr. President, on vote The PRESIDING OFFICER. The Shelby Toomey Wicker Nos. 206 and 207, the confirmations of clerk will call the roll. Snowe Udall (CO) Wyden Sharon Gleason to be United States The assistant bill clerk proceeded to NAYS—8 District Judge for the District of Alas- call the roll. Blunt Inhofe Rubio ka, and Yvonne Gonzalez Rogers to be Mr. LEAHY. Mr. President, I ask Crapo McConnell Vitter United States District Judge for the unanimous consent the order for the DeMint Paul Northern District of California, I was quorum call be rescinded. NOT VOTING—5 unavoidably absent. Had I been present, I would have supported the The PRESIDING OFFICER. Without Durbin Lee Warner objection, it is so ordered. Isakson Risch nominations and voted yea on both.∑ The PRESIDING OFFICER. The Sen- Mr. LEAHY. Mr. President, I see no- The nomination was confirmed. ator from Vermont. body on either side who wishes to The PRESIDING OFFICER. The Mr. LEAHY. Mr. President, I ask speak. I ask unanimous consent all question is, Will the Senate advise and unanimous consent that the Senate time be yielded back on the two nomi- consent to the nomination of Yvonne stand in recess until 3 p.m. today. nations. Gonzalez Rogers, of California, to be The PRESIDING OFFICER. Will the The PRESIDING OFFICER. Is there United States District Judge for the Senator withhold? objection? Without objection, it is so Northern District of California? Mr. LEAHY. Of course. ordered. Mr. CORKER. I ask for the yeas and Mr. LEAHY. Mr. President, have the The PRESIDING OFFICER. Under nays. the previous order, the motions to re- yeas and nays been ordered on the The PRESIDING OFFICER. Is there a nominations? consider are considered made and laid sufficient second? upon the table and the President will The PRESIDING OFFICER. They There appears to be a sufficient sec- have not. be immediately notified of the Senate’s ond. action. Mr. LEAHY. Mr. President, when the The clerk will call the roll. first nomination is called up, I will ask The legislative clerk called the roll. f for the yeas and nays. Mr. REID. I announce that the Sen- The PRESIDING OFFICER. The ator from Illinois (Mr. DURBIN) and the LEGISLATIVE SESSION question is, Will the Senate advise and Senator from Virginia (Mr. WARNER) consent to the nomination of Sharon L. The PRESIDING OFFICER. Under are necessarily absent. Gleason, of Alaska, to be United States the previous order, the Senate will re- Mr. KYL. The following Senators are District Judge for the District of Alas- sume legislative session. necessarily absent: the Senator from ka. The Senator from Vermont. Georgia (Mr. ISAKSON), the Senator Mr. LEAHY. Mr. President, I ask for from Utah (Mr. LEE), and the Senator f the yeas and nays. from Idaho (Mr. RISCH). The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Are there NOTIFYING THE PRESIDENT sufficient second? any other Senators in the Chamber de- Mr. LEAHY. I thank the Chair. After There appears to be a sufficient sec- siring to vote? decades of doing this, I should have re- ond. The result was announced—yeas 89, membered, of course, we have to notify The clerk will call the roll. nays 6, as follows: the President. I recall one day, when The assistant bill clerk called the we went into the beginning of the ses- roll. [Rollcall Vote No. 207 Ex.] YEAS—89 sion and swore in new Senators, one Mr. REID. I announce that the Sen- was the new Senator from New York, Akaka Franken Merkley ator from Illinois (Mr. DURBIN) and the Hillary Clinton. The President of the Senator from Virginia (Mr. WARNER) Alexander Gillibrand Mikulski Ayotte Graham United States was sitting in the gal- are necessarily absent. Moran Barrasso Grassley Murkowski lery. When we convened as a Senate, Mr. KYL. The following Senators are Baucus Hagan Murray the usual notice was said to notify the necessarily absent: the Senator from Begich Harkin Nelson (NE) Bennet Hatch President that the Senate has con- Georgia (Mr. ISAKSON), the Senator Nelson (FL) Bingaman Heller Portman vened for that session, at which point from Utah (Mr. LEE), and the Senator Blumenthal Hoeven Pryor several of my colleagues rather honor- from Idaho (Mr. RISCH). Blunt Hutchison Reed Boozman Inouye ably pointed out the President: You do The PRESIDING OFFICER. Are there Reid Boxer Johanns Roberts not have to notify him. He is sitting any other Senators in the Chamber de- Brown (MA) Johnson (SD) Rockefeller right up in the gallery. siring to vote? Brown (OH) Johnson (WI) Rubio The result was announced—yeas 87, Burr Kerry f Cantwell Kirk Sanders nays 8, as follows: Cardin Klobuchar Schumer [Rollcall Vote No. 206 Ex.] Carper Kohl Sessions RECESS Shaheen YEAS—87 Casey Kyl Chambliss Landrieu Snowe Mr. LEAHY. With that, Mr. Presi- Akaka Coons Landrieu Coats Lautenberg Stabenow dent, I ask unanimous consent that the Alexander Corker Lautenberg Coburn Leahy Tester Senate stand in recess until 3 p.m. Ayotte Cornyn Leahy Cochran Levin Thune today. Barrasso Enzi Levin Collins Lieberman Toomey Baucus Feinstein Lieberman Conrad Lugar Udall (CO) There being no objection, the Senate, Begich Franken Lugar Coons Manchin Udall (NM) at 12:50 p.m., recessed until 3 p.m. and Bennet Gillibrand Manchin Corker McCain Webb reassembled when called to order by Bingaman Graham McCain Cornyn McCaskill Whitehouse DALL Blumenthal Grassley McCaskill Enzi McConnell Wicker the Presiding Officer (Mr. U of Boozman Hagan Menendez Feinstein Menendez Wyden New Mexico). Boxer Harkin Merkley Mr. MENENDEZ. Mr. President, I NAYS—6 Brown (MA) Hatch Mikulski suggest the absence of a quorum. Brown (OH) Heller Moran Crapo Inhofe Shelby The PRESIDING OFFICER. The Burr Hoeven Murkowski DeMint Paul Vitter Cantwell Hutchison Murray clerk will call the roll. Cardin Inouye Nelson (NE) NOT VOTING—5 The bill clerk proceeded to call the Carper Johanns Nelson (FL) Durbin Lee Warner roll. Casey Johnson (SD) Portman Isakson Risch Chambliss Johnson (WI) Pryor Mr. REID. Mr. President, I ask unan- Coats Kerry Reed The nomination was confirmed. imous consent that the order for the Coburn Kirk Reid (At the request of Mr. REID, the fol- quorum call be rescinded. Cochran Klobuchar Roberts Collins Kohl Rockefeller lowing statement was ordered to be The PRESIDING OFFICER. Without Conrad Kyl Sanders printed in the RECORD.) objection, it is so ordered.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7432 CONGRESSIONAL RECORD — SENATE November 15, 2011 ENERGY AND WATER DEVELOP- a monopoly on all banking, commerce, Among those arrested were Jorge MENT AND RELATED AGENCIES and trade. Luis Garcia Perez ‘‘Antu´ nez,’’ Pastor APPROPRIATIONS ACT, 2012 Therefore, this amendment would Alexei Go´ mez, Rene Quiroga, Jose´ ´ ´ Mr. REID. Under the previous order, allow Cuba’s totalitarian regime to di- Angel Abreu, Oscar Veranes Martınez, ´ ´ the Senate will resume consideration rectly open corresponding accounts in Marıa del Carmen Martınez, Donaida ´ of H.R. 2354, which the clerk will re- U.S.-based financial institutions. Perez Paseiro, Xiomara Martin Jimeńez, Jorge Va´ zquez Chaviano, Or- port. It would allow a country that does lando Alfonso Martıńez, Enrique The legislative clerk read as follows: not subscribe to basic principles of antimoney laundering and counterter- Martıńez Marıń Mayra Conlledo Garcıá A bill (H.R. 2354) making appropriations rorism to make direct transfers to U.S. and Victor Castillo Ortega. for energy and water development and re- The Cuban people, like those strug- lated agencies for the fiscal year ending Sep- financial institutions! tember 30, 2012, and for other purposes. Currently, the Castro regime is re- gling for democratic reforms in the quired to use a third country European Middle East, yearn for the opportunity COMMITTEE AMENDMENT IN THE NATURE OF A to control their destinies and provide a SUBSTITUTE WITHDRAWN bank to settle its payment for U.S. ag- vibrant future for their children. Mr. REID. Mr. President, I have been ricultural products. If there are clearance problems, the The message we should send to such authorized by the chairman of the Sen- regimes—whether in Cuba or Syria, ate Appropriations Committee to with- U.S. settlement is entitled to protection under the terms of contract with North Korea or Iran, is that they are draw the committee-reported sub- pariahs—that their blood money has no stitute amendment. Euroclear—the European clearance and settlement agency. place in our economy—that the cur- The PRESIDING OFFICER. The rency of freedom prevails over the cur- amendment is withdrawn. If direct bank transfers are allowed, these transactions would be provided rency of repression. AMENDMENT NO. 956 The United States will continue in protections from operational risk by Mr. REID. Mr. President, I have a its mission to support the Cuban people the Cuban originator of payment. and to promote democracy until the substitute amendment which is at the Also consider the timing of these pro- Castro brothers relinquish power and desk. visions, these concessions, these gifts The PRESIDING OFFICER. The restore the rights and liberties de- to the regime. served by the Cuban people and by all clerk will report. As American commercial interests The bill clerk read as follows: people. buy their way into the Cuban market, But these provisions don’t move us or The Senator from Nevada [Mr. REID] pro- an American—Alan Gross—remains a poses an amendment numbered 956. the Cuban people closer to that goal— hostage in Cuban prison. and must be rejected. Mr. REID. Mr. President, I ask unan- His crime? Working with U.S. democ- Therefore, along with my colleagues, imous consent that the reading of the racy programs to enhance the ability Senator NELSON and Senator RUBIO of amendment be dispensed with. of the island’s small Jewish commu- Florida, I raise a rule XVI point of The PRESIDING OFFICER. Without nity to communicate with the world. order against the pending substitute objection, it is so ordered. December 3 will mark 2 years of his amendment. (The amendment is printed in today’s unjust imprisonment—2 years that The PRESIDING OFFICER. The RECORD under ‘‘Text of Amendment.’’) Alan Gross has been a hostage of the point of order is well taken and the The PRESIDING OFFICER. The Sen- Cuban regime. amendment falls. ator from New Jersey. Recent months have also seen a nota- The majority leader. Mr. MENENDEZ. Mr. President, I ble crackdown on peaceful democracy Mr. REID. Without losing my right rise to raise concerns about this activists, like Las Damas de Blanca— to the floor, I yield 3 minutes to the amendment that would constitute a the ladies in White who take to walk- Senator from Florida, Mr. NELSON. significant change to U.S. foreign and ing in the streets every Sunday to pro- Mr. NELSON of Florida. I thank the banking policies that should be care- test the political imprisonment of majority leader. I will not take the 3 fully considered by the Senate Com- their husbands, brothers, and sons. minutes but just to say my objection is mittee on Foreign Relations and the Last month, the founder of Las the same as the Senator from New Jer- Senate Banking Committee. Damas de Blanca, Laura Pollan Toledo sey and my colleague from Florida, These provisions have far-reaching died, not ever knowing a free Cuba. Senator RUBIO. foreign policy implications which In March 2003 the he regime arrested The fact is, the provision in the bill make their inclusion in this bill her husband, Hector Maseda, an inde- would allow direct payments between unsupportable. pendent journalist, along with 74 oth- U.S. sellers and Cuban buyers of agri- According to the State Department, ers in a protest known as the Black cultural goods. Under the existing restrictions, U.S. exports to Cuba have ‘‘Cuba has one of the world’s most se- Spring. After a 1-day trial, Hector fallen dramatically in the last few cretive and non-transparent national Maseda was sentenced to 20 years in years, largely due to the regime’s banking systems. Cuba has no financial prison. shortage of hard currency. In other intelligence unit.’’ Laura Pollan Toledo’s life, rallying words, the sanctions are working. Now Moreover, according to an October 28 the wives of Cuban dissidents jailed is not the time to relax U.S. economic statement by the Financial Action under the iron fist of the repressive sanctions, particularly while we see on Task Force, FATF, ‘‘Cuba has not com- Castro regime, gave Cuba hope and she this planet Earth in 2011 a repressive mitted to the anti-money laundering became one of Cuba’s most public and regime such as the one in Cuba and the and combating the financing of ter- most powerful dissidents. rorism international standards. Cuba one that continues to hold Alan Gross. She continued her work, as do those The PRESIDING OFFICER. The ma- has also not constructively engaged who follow in her footsteps, despite in- jority leader. with the Task Force, which has identi- tense harassment, beatings and deten- Mr. REID. Without losing the floor, I fied Cuba as having strategic defi- tions. yield 3 minutes to the Senator from ciencies that pose a risk to the inter- In one case, in the city of Santiago Florida, Senator RUBIO. national financial system.’’ de Cuba, these ladies were stripped to The PRESIDING OFFICER. The Sen- This amendment would allow Cuba— their waist and dragged through the ator from Florida. the Banco Nacional de Cuba—to be- streets. Mr. RUBIO. Mr. President, I wish to come the only country on the State In another instance they were bitten. thank the majority leader for that. I Department’s State-Sponsors of Ter- Just last week, on November 8, over will be brief. I think my colleagues rorism list to have direct access to a dozen Cuban prodemocracy activists touched upon it and the public policy U.S.-based financial institutions. were violently arrested for partici- behind this. We do not have similar exceptions for pating in a peaceful public sit-in de- Lost in all the things happening Iran, Syria, and Sudan. manding the release of all political around the world that are very impor- It is important to understand that prisoners and an end to the Castro re- tant, I think we need to remind our- under Cuban law the Castro regime has gime’s violence against the opposition. selves that a few miles off the coast of

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7433 the United States the most repressive the House Appropriations Committee are trying to bring to the floor, simply government in the Western Hemisphere and division C of amendment No. 957, spend too much money. conducts its business and is able to be deemed House-passed text in H.R. Our greatest challenge as a nation fund it through a lot of this interaction 2354 for purposes of rule XVI; finally, right now is our economy. A big part of going on as we speak between commer- that amendment No. 957 for the pur- that challenge is the fact that we have cial interests in the United States and poses of paragraph 1 of Rule XVI be completely unsustainable Federal in Cuba. considered a committee amendment. spending and deficit and debt. Yet in By the way, I know these are folks in The PRESIDING OFFICER. Is there the midst of all that, these appropria- business and are not doing anything objection? tions bills spend more money than we with bad intentions, but the practical The Senator from Kansas. are spending already, not less. intention of this agreed interaction Mr. MORAN. Reserving the right to Every American with any common with the Castro regime is hard cur- object, Mr. President, I am a member sense knows when they are in a deep rency—money they take and use to pay of the Appropriations Committee, and hole, the first step one takes is to stop for this repressive arm. This is hap- a member—in fact, the ranking minor- digging. We as a country are in a deep pening at a time when we have seen ity member—of the Financial Services fiscal hole, but these bills have us con- this year more repression than we have and General Government Sub- tinuing to dig further. The three bills in recent years as the Castro govern- committee. The amendment the major- the majority leader wants to bring to ment continues to fear it is losing its ity leader offered, that excluded the the floor together spend $6 billion more grip on power and on influence over its provisions related to Cuba, was an than we are spending now. own society. amendment that was adopted by the We are spending more, not less, even I would say I am supportive of what full Appropriations Committee in a though we are $15 trillion in debt. That Senator MENENDEZ is trying to do, and very bipartisan way. In fact, the vote is simply continuing to dig when we I urge our colleagues to keep a watch- was two-thirds to one-third—20 votes are in a deep fiscal hole. ful eye on what happens in Cuba. in favor, 10 votes against. Also, when you look at some of the Mr. REID. Mr. President, let me take The provisions that have been struck details of this spending, it makes it a moment to explain what has hap- by the procedure that has occurred even more offensive to millions upon pened. today are the final implementation of millions of Americans—allowing funds I offered the substitute amendment legislation that was passed by this for overseas groups that perform abor- to include versions of the Energy and Congress in 2001 in which we provided tion, allowing taxpayer-funded abor- Water, Financial Services, and State/ for the first time the sale for cash up- tion in the District of Columbia, allow- Foreign Ops appropriations bills that front of agricultural commodities, ing elective abortions in the Federal the Senate Appropriations Committee, food, and medicine. It has always been Employee Health Benefits Program, al- on a bipartisan basis, had reported. my view, when we fail to sell agricul- lowing funding of abortion by the Senator MENENDEZ then raised a point tural commodities to Cuba, we only Peace Corps, and $40 million for the of order against that substitute amend- harm ourselves. Again, the amendment U.N. Population Fund, which is deeply ment. He had a right to do that. Sen- that has been eliminated from consid- involved in China’s proabortion popu- ator MENENDEZ has explained he ob- eration today, through this process, lation control program. jects to provisions of the committee- would implement the ability for money I think it is a deadly combination in reported Financial Services bill that to be transferred to the United States more ways than one. We are continuing were linked to Cuba. That has been un- by a Cuban bank for purposes of paying to dig when we are already in a deep derscored by my friend Senator BILL for that sale upfront. hole, and then, when you look at the NELSON of Florida, and my friend We have worked closely with the ad- details of the spending, so many parts MARCO RUBIO from Florida. ministration, with the Treasury De- of that in and of themselves are deeply The amendment I just offered is ex- partment, to make certain that noth- offensive to tens of millions of Ameri- actly the same as my last substitute ing contained or nothing that would be cans. Based on that and joined by amendment in the last minibus, except contained in this provision would be many conservative colleagues of the that it does not include the Cuba-re- objectionable to the security or the fi- Senate, I also object. lated provisions to which Senator nancial safety and soundness of our I yield the floor. MENENDEZ objected. It deletes sections country. So with the process that has The PRESIDING OFFICER (Mr. 620 and 624 of the Financial Services occurred, while there could have been BINGAMAN). The majority leader. bill reported to the Senate. I hope this many rule XVI points of order made Mr. REID. Mr. President, the bills we amendment can give us the basis to today, one was made that defeats the brought before the Senate—Energy and move forward on this bill. will of the majority of our committee, Water, Financial Services, Foreign Op- AMENDMENT NO. 957 and I do object. erations—are all within the agreement Mr. President, I have a substitute The PRESIDING OFFICER. Objec- we made in July, the deficit reduction amendment at the desk. tion is heard. package, debt ceiling package we The PRESIDING OFFICER. The Mr. REID. Mr. President, I have a passed. It passed the Senate, passed the clerk will report. full statement that I want to give as to House, was signed by the President. So The legislative clerk read as follows: why I am going to move through the my friend from Louisiana is trying to The Senator from Nevada [Mr. REID] pro- next process, but I understand my renegotiate something that was passed poses an amendment numbered 957. friend from Louisiana is here. Before after we did 3 months’ work on it. Mr. REID. I ask unanimous consent going to him, I ask for the yeas and I regret that there has been objection that the reading of the amendment be nays on the substitute amendment. to my request, but what I just sought dispensed with. The PRESIDING OFFICER. Is there a was the same understanding we had in The PRESIDING OFFICER. Without sufficient second? the last appropriations measure, which objection, it is so ordered. Mr. REID. Mr. President, without worked pretty well. We passed those (The amendment is printed in today’s losing my right to the floor, I yield to three bills. The conference should be RECORD under ‘‘Text of Amendments.’’) my friend from Louisiana for 3 min- completed momentarily. We will have Mr. REID. I ask unanimous consent utes. to vote on that this coming week. In- that amendment No. 957, which con- The PRESIDING OFFICER. The Sen- cluded in that is the CR to fund the sists of the text of the withdrawn com- ator from Louisiana. government until sometime in the mid- mittee-reported amendment as division Mr. VITTER. I thank the majority dle of December. But there has been an A, the text of S. 1573 with the excep- leader, and I also rise to object to the objection to proceeding along those tion of sections 620 and 624, to which I motion for completely different rea- same lines. have just referred, Calendar No. 171, as sons than my colleague from Kansas. I Everything that was raised by my division B and the text of S. 1601, Cal- rise to object, and several join me in friend from Louisiana—is what the endar No. 179, as division C; provided this view, because I believe these addi- amendment process is all about. But further that H.R. 2434, as reported by tional appropriations bills, which we we wanted it to be the way we have

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7434 CONGRESSIONAL RECORD — SENATE November 15, 2011 done it in the past—that on these ap- There is a sufficient second. The legislative clerk read as follows: propriations matters, the amendments The yeas and nays were ordered. The Senator from Nevada [Mr. REID] pro- would have to be germane. But he was AMENDMENT NO. 959 TO AMENDMENT NO. 958 poses amendment numbered 963 to the in- unwilling to live by that standard and Mr. REID. I have a second-degree structions of 962 of the motion to recommit H.R. 2354. offered amendments that had nothing amendment at the desk. to do with the underlying bill. That is The PRESIDING OFFICER. The Mr. REID. I ask for the yeas and what the American people can’t stand. clerk will report the amendment. nays. The PRESIDING OFFICER. Is there a The Senate has rules that govern ap- The legislative clerk read as follows: sufficient second? propriations measures. These Senate The Senator from Nevada [Mr. REID] pro- rules are necessary because appropria- There is a sufficient second. poses amendment numbered 959 to amend- The yeas and nays were ordered. tions matters are must-pass bills, and ment No. 958. The amendment is as follows: we need some rules to prevent them The amendment is as follows: In the amendment, strike ‘‘3 days’’ and in- from becoming Christmas trees. The In the amendment, strike ‘‘7 days’’ and insert ‘‘2 days’’. Senate rules thus prevent nongermane sert ‘‘6 days’’. AMENDMENT NO. 964 TO AMENDMENT NO. 963 amendments, and the Senate rules pre- AMENDMENT NO. 960 TO AMENDMENT NO. 957 Mr. REID. I have a second-degree vent legislating on appropriations bills. Mr. REID. I have an amendment at amendment at the desk. So those two things have the protec- the desk to the language proposed to be The PRESIDING OFFICER. The tion only on appropriations bills. If we stricken. clerk will report. didn’t have these rules, these appro- The PRESIDING OFFICER. The The legislative clerk read as follows: priations measures would become un- clerk will report the amendment. The Senator from Nevada [Mr. REID] pro- manageable. The legislative clerk read as follows: poses an amendment numbered 964 to amend- So what I sought with my unanimous ment No. 963. The Senator from Nevada [Mr. REID] pro- consent request was to create an envi- poses amendment numbered 960 to the lan- The amendment is as follows: ronment where the regular rules of the guage proposed to be stricken by amendment In the amendment, strike ‘‘2 days’’ and in- Senate for appropriations measures No. 957. sert ‘‘1 day’’. could be in effect. Regrettably, we The amendment is as follows: Mr. REID. Mr. President, I indicated didn’t get that agreement. If we did At the end, add the following new section: during the last week that I did not those bills individually, that would be SEC. lll . want to have to fill the tree. It is un- automatic. This Act shall become effective 5 days fortunate that an objection was raised. Without such an agreement, though, after enactment. We were able to move forward, as I in- we have another thing about which we Mr. REID. I ask for the yeas and nays dicated, in the last so-called minibus have to worry: Funding for the govern- on that amendment. with three appropriations bills made ment runs out at the end of this week. The PRESIDING OFFICER. Is there a into one. So we are now in a situation So before we leave this week, the Sen- sufficient second? where we have no way to move forward ate needs to pass the continuing reso- There is a sufficient second. unless we have an agreement on the lution contained in the conference re- The yeas and nays were ordered. underlying bill, which is the Energy port on the Agriculture appropriations and Water bill. AMENDMENT NO. 961 TO AMENDMENT NO. 960 bill, which also included other appro- I have some knowledge of that bill. I Mr. REID. I have a second-degree priations matters. We can’t allow the was on the Appropriations Committee amendment at the desk. Senate to get tied up in knots in a way from the day I came to the Senate, and The PRESIDING OFFICER. The that would prevent us from getting I worked on that subcommittee for clerk will report the second-degree that work done. many years—several decades—and I amendment. As I said this morning, I have made a was chairman of that subcommittee The legislative clerk read as follows: commitment to Senators LEVIN and quite a few times. I worked with Sen- The Senator from Nevada [Mr. REID] pro- MCCAIN that we are going to move to ator Domenici when we would go back poses an amendment numbered 961 to amend- and forth as to who was the Chair, and the authorization bill as soon as we fin- ment No. 960. ish this appropriations package, and I we worked extremely well together. We intend to do that. So we will engage in The amendment is as follows: were able to get the bill done quickly further discussions about how we can In the amendment, strike ‘‘5 days’’ and in- and satisfy the needs of the Members of this body. move forward with these important sert ‘‘4 days’’. If I can have the efforts of my measures. In the meantime, we need to MOTION TO RECOMMIT WITH AMENDMENT NO. 962 friends, Senator FEINSTEIN and Senator take steps to at least temporarily hold Mr. REID. I have a motion to recommit the bill with instructions. That is ALEXANDER, to move forward on this in matters where they are. So, as I indi- a way that we can have some view of cated, I have the yeas and nays pending also at the desk. The PRESIDING OFFICER. The how we can end this legislation fairly on the substitute. quickly, with the ability to have The PRESIDING OFFICER. Is there a clerk will report the motion. The legislative clerk read as follows: amendments, I would have no problem sufficient second? because, as I have indicated, we have a There is a sufficient second. The Senator from Nevada [Mr. REID] moves lot of things to do before we leave here. The yeas and nays were ordered. to recommit the bill (H.R. 2354) to the Com- We cannot come back here in Decem- mittee on Appropriations, with the instruc- AMENDMENT NO. 958 TO AMENDMENT NO. 957 ber with a lot of unfinished business. I Mr. REID. I have a first-degree tions to report back forthwith, with amendment numbered 962. talked to my caucus today about the amendment which is perfecting in na- Defense authorization bill. I think we The amendment is as follows: ture at the desk. have to finish that bill before we leave The PRESIDING OFFICER. The At the end, add the following new section: here for Thanksgiving. So we have the SEC. l. clerk will report the amendment. minibus conference report, we now The legislative clerk read as follows: This Act shall become effective 3 days after enactment. have this Energy and Water appropria- The Senator from Nevada [Mr. REID] pro- tions bill, which I believe is so impor- Mr. REID. I ask for the yeas and nays poses an amendment numbered 958 to amend- tant, and we have, of course, the De- on that motion. ment No. 957. fense authorization bill. So I say to ev- The PRESIDING OFFICER. Is there a The amendment is as follows: eryone here, if we can work something sufficient second? At the end, add the following new section: out, good. I hope we can. There is a sufficient second. SEC ll . The PRESIDING OFFICER. The Sen- This Act shall become effective 7 days The yeas and nays were ordered. ator from Tennessee. after enactment. AMENDMENT NO. 963 TO AMENDMENT NO. 962 Mr. ALEXANDER. Mr. President, I Mr. REID. I ask for the yeas and nays Mr. REID. I have an amendment to wonder if I might respond through the on that amendment. the instruction at the desk. Chair to the majority leader. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The I have been consulting with the sufficient second? clerk will report. chairman of our committee, and on the

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7435 Republican side, we understand what is my hope that we will soon be able to mally joined Esteé Lauder, pitching in the majority leader is saying. What I start voting on those amendments, wherever she was needed. As the com- hear him saying is that we have some vote on them tomorrow, and finish the pany grew to become an international important work we have to do this bill sometime tomorrow. conglomerate, so, too, did Evelyn’s role week. He wants to move to the Defense Mrs. FEINSTEIN. Mr. President, I and influence. She held many different authorization bill before the end of the note the absence of a quorum. positions at the company over the week. We have a conference report that The PRESIDING OFFICER. The years. includes a continuing resolution. He clerk will call the roll. One of the earliest projects she tack- wants that acted on before the end of The bill clerk proceeded to call the led was to create the company’s train- the week. roll. ing programs. She enhanced the Esteé Our hope is that we can deal with the The PRESIDING OFFICER. The Sen- Lauder product lineup by adding new Energy and Water bill today and to- ator from California is recognized. colors and products that appealed to a morrow. I am beginning to ask our Re- Mrs. FEINSTEIN. Mr. President, I range of complexions and skin types. publican Senators—and Senator FEIN- ask unanimous consent that the order She had great instincts about new STEIN can speak for herself, but she is for the quorum call be rescinded. trends, about the needs of a consumer, doing the same with Democratic mem- The PRESIDING OFFICER. Without and about the development of skin care bers—I am asking them to get their objection, it is so ordered. and cosmetics. In fact, it was Evelyn proposed amendments to the floor this Mrs. FEINSTEIN. I ask unanimous who helped launch the name ‘‘the afternoon, if at all possible, so we can consent to speak as if in morning busi- Clinique brand.’’ In the last 25 years, she focused on give the majority leader some idea of ness. fragrance—a lifelong passion she how many amendments there might be The PRESIDING OFFICER. Without objection, it is so ordered. shared with her famous mother-in-law so he can evaluate how to proceed. So that stemmed from her love of flowers we appreciate the opportunity to do REMEMBERING EVELYN H. LAUDER Mrs. FEINSTEIN. Mr. President, I and gardening. that. We believe that doing the appro- In 1999 and again in 2007, she was rec- rise to remember the life and to honor priations bill is the basic work of the ognized as one of New York’s 100 Most the legacy of a remarkable woman—an Senate. This is important both from a Influential Women in Business by advocate for breast cancer research and defense and a nondefense point of view. Crain’s New York Business. It had broad support in our committee, awareness, a philanthropist, a savvy Evelyn was diagnosed with breast and so far, I have not found anyone on businesswoman, an accomplished pho- cancer in 1989 and soon became a tire- our side who isn’t agreeable to moving tographer and author, a wife, a mother, less advocate for women’s health. True quickly on it. I will know more at the a grandmother, and a dear friend, Eve- to form, she was reluctant to publicly end of the afternoon, and I will report lyn Lauder. discuss her own condition. ‘‘My situa- to the majority leader about the Re- Evelyn lost her courageous battle tion doesn’t really matter,’’ she told a publican side. with ovarian cancer on Saturday. She reporter in 1995. Instead, she chose to I ask my colleagues who are listening is survived by her husband of 52 years, channel her energy and attention into to please bring their amendments to Leonard Lauder; her sons, William and helping raise money and educate the floor this afternoon as soon as pos- Gary; and five grandchildren. women with less access and informa- sible. In many ways, her life parallels the tion about the disease. In 1989, as a Mr. REID. I have absolute confidence familiar immigrant story of 20th-cen- member of the board of overseers at in the chairman and ranking member tury America. It is the story of a Sloan-Kettering Cancer Center in New of the subcommittee. They are two of woman who escaped Nazi Europe, York, she initiated a fundraising drive our finest. They have a reputation here voyaged to the United States of Amer- that raised more than $18 million to es- of working to get things done on a bi- ica, and proceeded to enrich this coun- tablish the Evelyn H. Lauder Breast partisan basis, and that is certainly try in countless ways. Center, the country’s first ever breast necessary on this most important piece Evelyn Hausner was born on August and diagnostic center. The center of legislation. 12, 1936, in Vienna. She was the only opened in 1992 and is a model for simi- The PRESIDING OFFICER. The Sen- child of Ernest and Mimi Hausner. lar facilities around the world. ator from California is recognized. When Hitler annexed Austria in 1938, In 1992 Evelyn developed the iconic Mrs. FEINSTEIN. Mr. President, if I the family fled to Belgium with just a pink ribbon, which we all know today understand this correctly, it is, as Sen- few sentimental belongings. Later, the as the worldwide symbol of breast ator ALEXANDER has stated, that the family relocated to England during the health. She spearheaded the distribu- effort is to, under a germane rule, have Blitz. tion of millions of pink ribbons and the Energy and Water appropriations In England, Evelyn’s mother was breast self-exam instruction cards at bill brought to the floor. If that is sent to an internment camp on the Isle Esteé Lauder cosmetic counters all achieved, then all Members, including of Man. Evelyn was sent to live in a across the country. Her efforts elevated Democratic Members, should get their nursery. Eventually the family was re- breast cancer awareness in the public amendments to the floor as soon as united, and in 1940 they set sail for New consciousness, and almost two decades possible. York City. later more than 115 million pink rib- We know what this week is like. We Evelyn often told a story about arriv- bons and millions of educational bro- know the Defense authorization bill ing in New York Harbor at the dawn of chures and bookmarks have been hand- has to come to the floor. We know the Second World War. She said: ed out around the world. there are other items that have to My mother woke me up really early in the In 1993 she turned her attention to come to the floor this week. Therefore, morning to see the Statue of Liberty. That’s supporting the world’s leading medical I hope that this effort is successful and a sight I will remember all my life. and scientific researchers and estab- that we will be able to begin to work She fell in love with New York that lished the Breast Cancer Research on our bills. morning and would give back to her Foundation to address the crucial lack Mr. ALEXANDER. I thank the chair- adopted city for the next seven dec- of breast cancer research funding. man. ades. Under her leadership, the foundation Mr. President, that is exactly right. She was a proud product of the New has grown to become the largest na- Just so Senators know, Senator REID York City public school system. As a tional organization dedicated exclu- has filled the tree, but what we hope to freshman at Hunter College, she met sively to funding research relating to persuade him is that we know the num- her future husband on a blind date. the causes, treatment, and prevention ber of amendments we have and that he Leonard Lauder was the son of Esteé of breast cancer. To date, this founda- doesn’t need to do that. He is perfectly and Joseph Lauder, the owners of what tion has raised $350 million, and sup- able to withdraw that. And I know sev- then was just a small, family cosmetics ports 186 researchers around the United eral of our Republican colleagues are business. States, Canada, Latin America, Eu- discussing this afternoon how many Evelyn was a public school teacher rope, the Middle East, Australia, and amendments they want to offer, and it for several years, and in 1959 she for- China.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7436 CONGRESSIONAL RECORD — SENATE November 15, 2011 In 2000, Evelyn Lauder launched the the Marketplace Fairness Act. In doing big debate on the Internet access tax a Global Landmark Illuminations Initia- so, I think they solved a problem that few years ago. I was right in the middle tive. We have all enjoyed seeing his- has persisted in almost every State in of that. By the time we got through toric landmarks illuminated in pink the Union and that Congress has had a with it, we had a compromise and we lights during the month of October. difficult time dealing with for the last put a moratorium on new Internet ac- Each year, more than 200 prominent 10 years. The problem is what do we do cess taxes. So we are not talking about landmarks around the world partici- about State sales taxes which every- taxing the Internet or a new Internet pate. Evelyn has bathed the Empire body owes every time they make a pur- tax. We are talking about the plain old State Building, Niagara Falls, the chase. State sales tax that everybody—except Tower of London, the Leaning Tower of If you buy a television set at the in five States, one of them being New Pisa, and the Tokyo Tower in pink local appliance store in Tennessee you Hampshire, which doesn’t have a sales lights. owe Tennessee sales tax. If you buy it tax—in 45 States owes. There was another side to Evelyn. online you still owe the sales tax. The I have been very pleased with the re- She was an accomplished photographer difference has been that the local reception I have heard to the bill intro- with a keen eye and ability to capture tailer is required to collect the sales duced by Senator ENZI and Senator extraordinary images. I have two of her tax, and does, and sends it to the State, DURBIN. It has five Republican cospon- photographs and treasure them. Her but the online vendor, let’s say Ama- sors. I am one of them. It has five photography included rainbows rising zon, is not required to collect the sales Democratic cosponsors. We hope there from the Pacific Ocean, snow scenes in tax and so it does not. will be more. Many of the people who Colorado, patterns created by light re- So, like most individuals—I bought a saw problems with earlier attempts to flecting on water, and landscapes in television set from Amazon earlier this fix the bill believe this legislation year. At the end of the year, I would Chile, Tuscany, and the south of solves the problem. Some of the early need to file a form with our State gov- France, among others. Evelyn’s works bills were large. This bill is 10 pages. It ernment and say I bought it, acknowl- were featured in exhibitions at art gal- is very simple. If the problem was it edge that they didn’t collect the sales leries in London, Paris, Jerusalem, was too complicated for remote sellers tax, tell the State I owe the sales tax Barcelona, and Beijing, and well-re- to collect the online tax, they fixed on my purchase, and pay it. The truth ceived exhibitions in New York, Los that. They have said if Tennessee is most Americans do not do that. That Angeles, Seattle, and my hometown of wants to require remote sellers like is a $23 billion a year tax avoidance, a San Francisco. She also published two Amazon to do the same thing the local great big tax loophole. books of photographs and had her work One may ask why has that loophole boot company does, it has to provide featured in many publications, includ- not been closed. We hear a lot of talk Amazon with software that will make ing American Photo, House & Garden, about loopholes around here and we it simple for Amazon to collect the tax. When I want to know the weather in the Oprah Magazine, and Town & Coun- know States want to have dollars right my hometown outside of Maryville, try. now, either to lower taxes or pay for Evelyn was modest and self-effacing, services, and most of us think we TN, I simply put in weather and the but she donated all proceeds from her should not prefer one business over an- ZIP Code 37886, and back comes the in- photographic exhibitions and royalties other business or one taxpayer over an- formation. That is all a remote vendor from her books to the Breast Cancer other taxpayer. The problem is 20 years will have to do. It will put in LAMAR Research Foundation. ago the technology did not exist to ALEXANDER, cowboy boots, whatever Evelyn Lauder was one of a kind. She make it easy for an online or remote they cost, the ZIP Code, and the com- was a beautiful woman. I knew her. I vendor to collect the sales tax in the puter software will figure out the state remember Evelyn, her husband, my same way the local shoestore or local and local sales tax and report it to the husband, and me sitting around a small vendor collects it, so the Supreme vendor, and the vendor will send the table in a small Italian restaurant in Court said it would be an undue burden money electronically to whatever New York City. I looked across that on interstate commerce. State. So the old problems don’t exist. table at this beautiful woman and all Here is the loophole in practical I saw an article in the Wall Street that she has done in her lifetime. It is terms. I called the owner of the Nash- Journal today which I thought was truly amazing. Her life may have begun ville Boot Company last week after we very well balanced. It takes a whole under challenging circumstances but introduced the bill, Frank Harwell. At page. States require online retailers to she became one of the country’s most the beginning he sold cowboy boots on- collect sales tax. Yes, it is fair. No, it generous philanthropists and accom- line. I think it is the Nashville Cowboy protects small firms. I am not going to plished businesswomen. She was fun, Boot company. But he sold boots on- put this in the RECORD, but I do want she was smart, she was talented. She line, and he said he sold as much as to take issue with one argument was a devoted wife, mother, grand- $400,000 a year of cowboy boots online. among those who said: No, it protects mother, and friend. She was a remark- That was his major business. When he small firms. Two arguments, really. able American woman. She will be began, he was about the only one doing One, the Enzi-Durbin legislation has missed. that, and I assume if you wanted cow- a $500,000 exemption. So my friend in Mr. President, I yield the floor. boy boots, Nashville sounded like a Nashville, who was the only, and I I suggest the absence of a quorum. good place to buy them, so he was guess for a while, leading seller of cow- The PRESIDING OFFICER. The doing all right. Now he said there are boy boots online never made more than clerk will call the roll. about 200 people selling boots online $400,000 in revenues. He said, I could The bill clerk proceeded to call the and so he does most of his boot selling tell that. So if he doesn’t have more roll. out of his store. He has a store in Belle than $400,000 or $500,000 in revenue, he Mr. ALEXANDER. Mr. President, I Meade Plaza right next to where I take is not even affected by this legislation ask unanimous consent the order for my granddaughter to breakfast on Sat- that gives States the option to decide the quorum call be rescinded. urday mornings. what to do. The PRESIDING OFFICER. Without This is what he says happens to him. Second, this says the legislation objection, it is so ordered. He says people come into the Nashville would overturn the Supreme Court rul- Mr. ALEXANDER. I ask consent to Cowboy Boot company store and they ing of 20 years ago. That is not accu- speak as in morning business. try on the cowboy boots and then they rate. It does not overturn anything. The PRESIDING OFFICER. Without go home and buy them online because What the Supreme Court said 20 years objection, it is so ordered. they don’t have to pay the sales tax. ago was that with the state of tech- INTERNET SALES TAX They owe the sales tax, but, as I said, nology that existed with so many dif- Mr. ALEXANDER. Mr. President, the online sellers are not required to ferent taxing jurisdictions, it was an last week the Senator from Wyoming, collect it and many taxpayers fail to undue burden on interstate commerce Mr. ENZI, and the Senator from Illi- pay it even though they owe it. for States to require online sellers to nois, the Democratic whip, introduced Now we are not talking about Inter- collect the tax that was owed. This is a piece of legislation which is called net tax here. The Senate had a great what the Court said:

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7437 This aspect of our decision is made easier National Review about this problem Under an arrangement worked out between by the fact that the underlying issue is not and that it needed a result. Gov. Bill Haslam and the company, those only one that Congress may be better quali- The same sort of argument was made collections currently aren’t due to begin, ab- fied to resolve, but also one that Congress by Al Cardenas, head of the American sent federal standardization, until 2014. has the ultimate power to resolve. No matter In fact, Amazon, which has been seeking how we evaluate the burdens that use taxes Conservative Union, who wrote an arti- sales tax relief in several states as part of its impose on interstate commerce, Congress re- cle last week and said this needs to be decision making process regarding new sites, mains free to disagree with our conclusions. fixed and supports a bill such as the has turned out to be a supporter of the Alex- Then it said: one we introduced. ander bill. Accordingly, Congress is now free to decide There is also an editorial from the There is software available to ease the whether, when, and to what extent the Seattle Times, an editorial from the transition for online retailers—nothing, in States may burden interstate mail-order Paris Post-Intelligencer, an editorial fact, to prevent Congress from closing this concerns with a duty to collect use taxes. from the Denver Post, and one from long-standing loophole in current tax law. It’s also the right thing to do. This is not overturning anything. It Belleville in Illinois. All of these make is simply responding to the invitation the same points. [From Knoxnews.com, Nov. 11, 2011] There being no objection, the mate- by the Supreme Court 20 years ago that ONLINE SALES TAX BILL WOULD LEVEL said: As we look at it, this is too big a rial was ordered to be printed in the PLAYING FIELD burden. That was back when there were RECORD, as follows: (By Greg Johnson) [From the Commercial Appeal, Nov. 13, 2011] thousands of taxing districts and no Almost exactly 10 years ago, William F. easy way to collect the money. But it A LEVEL FIELD FOR RETAILERS Buckley Jr., the father of modern conserv- did say that Congress had the right to REQUIRING ONLINE AND CATALOGUE RETAILERS atism, opined in the National Review about decide what represents a burden. What TO COLLECT SALES TAXES COULD HELP THE the vexing problem of e-commerce and the this bill says is, there are two ways STATE REACH WORTHWHILE GOALS collection—or lack thereof—of sales taxes by States may do this. There is the When was the last time you sent a check state governments. Buckley stood firmly Streamlined Sales and Use Tax Agree- to state government for the sales tax you athwart principled, conservative convictions owed for an online purchase? against any tax on Internet usage. ment where about half the States have More to the point, did you know you were But when it came to the collection of taxes joined together and said, we will create supposed to? on Internet purchases, Buckley saw how the a single way to allow online vendors to Join the club. growth in online commerce was changing the operate, or the State of Kentucky may Tennessee Sen. Lamar Alexander has come world of retail sales and how local businesses say, we don’t like what they are doing, up with a way to relieve shoppers of a re- were being harmed by the uneven playing we will create our own way. As long as sponsibility many of us don’t even know we field on which out-of-state vendors did not have. collect sales taxes. it is a simple way, a single return, a Alexander has predicted passage of the bi- single audit, and the State provides the ‘‘The estimated commerce done by the partisan Marketplace Fairness Act, whose Internet in 1998 was $9 billion,’’ Buckley software, then the State has that op- co-sponsors include five Democrats and five wrote. ‘‘Last year (2000) it was $26 billion. tion. That is why Amazon decided last Republicans, including Sen. Bob Corker of Which means we have to come to earth and week that it supported the Enzi-Durbin Tennessee. face homespun economic truths. If the ad- bill. The bill would require online and cata- vantage of tax-free Internet commerce mar- On the Republican or conservative logue retailers to begin collecting and remit- ginally closes out local industry, reforms are side, there have been a lot of people ting state sales taxes. required.’’ In Tennessee, annual revenue from online U.S. Sen. Lamar Alexander, R–Tenn., pro- who said, wait, this is about taxes. sales tax collections has been estimated at Well, it is about taxes, but it is about posed such reform this week, co-sponsoring between $300 million and $400 million. the bipartisan Marketplace Fairness Act. taxes in a way that conservatives like In a 2009 study, University of Tennessee- ‘‘The reason I’m a co-sponsor is that it’s a Knoxville economics and business professors to talk about. We like to say we don’t states’’ rights issue,’’ Alexander said in a estimated that $52 billion in potential reve- like it when the government policy Wednesday conference call. ‘‘(The bill) gives nues will have been lost in 46 states and the prefers some taxpayers over others, or the state of Tennessee the right to decide District of Columbia over a six-year period some businesses over others. We also, how to collect or not to collect its own state through 2012 because taxes on online sales sales tax.’’ on this side of the aisle, believe in are not being collected. Alexander noted how bricks-and-mortar re- States’ rights, and this bill doesn’t de- The measure’s primary appeal is one of tailers are at a disadvantage. ‘‘Main Street cide anything. It simply empowers fairness—the elimination of an unfair advan- sellers are up at arms because they have to tage online sellers have over large and small States to make their own decisions collect a tax when they sell a television set about taxes. brick-and-mortar stores. Very small businesses would be protected or a computer, and online sellers don’t,’’ Al- In our State, for example, we have exander said. ‘‘(This legislation) ends the one of the lowest tax burdens, but we by an exemption that covers annual online sales of less than $500,000 in the Senate subsidy of some businesses over others.’’ have the highest State sales tax. If we version of the bill, or $1 million if the House Gov. Bill Haslam backs Alexander. ‘‘The are able to collect $300 million, $400 version is adopted. Marketplace Fairness Act will bring much- million, $500 million more in Tennessee The benefits to a state such as Tennessee needed, and long overdue, relief to the state from this tax that is now avoided be- could be significant. of Tennessee,’’ Haslam wrote in a letter to cause of the loophole, there could be The state’s public college students were hit Alexander. ‘‘Tennessee and other states are by annual tuition and fee increases that currently unable to compel out-of-state busi- proposals to reduce the sales tax rate nesses to collect sales taxes the same way or reduce some other tax. Certainly the ranged from 7.4 percent to 13.7 percent for the current school year. local businesses do.’’ The University of Ten- money will help to avoid the arrival of Increases for the 2012–13 school year will nessee’s Center for Business and Economic a State income tax, which is about the seem even worse than usual next fall if the Research estimates the state loses more most hated word in our tax vocabulary General Assembly decides to cut back on the than $300 million per year in uncollected rev- in Tennessee. eligibility standards and/or the size of state enue. I ask unanimous consent to have lottery scholarships. While Ebay opposes the bill, Paul Misener, Amazon’s vice president for global public printed in the RECORD some of the re- An expansion of the TennCare rolls called policy, pledged support, writing to Alex- sponses that have come since last for by the federal Patient Protection and Af- fordable Care Act of 2010 will be offset to ander, ‘‘Your bill will allow states to obtain week. The Memphis Commercial Ap- some extent by a larger federal match, but additional revenue without new taxes or fed- peal editorial which urged that Con- TennCare officials have predicted that the eral spending and will make it easy for congress close this longstanding loophole state will have to cover at least part of the sumers and small retailers to comply with in the current tax law. ‘‘It’s the right expansion. state sales tax laws.’’ thing to do.’’ And with new revenue from online sales, Alexander moved to pre-empt fire from the Greg Johnson, a conservative col- Tennessee could also consider the elimi- right. ‘‘Conservatives understand (collection umnist in the Knoxville News Sentinel nation of its sales tax on food, one of the from online vendors) is not a new tax. It is a said: ‘‘Online sales tax bill would level most regressive aspects of the state revenue tax that already exists. It is not an Internet system. tax,’’ Alexander said. ‘‘This is an existing the playing field.’’ His article refers to Passage of the measure also would move up tax on all sales, and it is not fair to charge the fact that 10 years ago William F. the date on which Tennessee could begin re- it to some taxpayers and not others. It is not Buckley, Jr., whom he calls the father ceiving revenue on sales from Amazon’s new fair to discriminate against stores in Ten- of modern conservatism, opined to the Tennessee distribution centers. nessee in favor of stores outside Tennessee.’’

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7438 CONGRESSIONAL RECORD — SENATE November 15, 2011 A decade ago, Buckley embraced reality states collect sales taxes. If enacted, the bill It would likely mean that there would still when online sales were $26 billion and local would negate a Supreme Court ruling that be a difference—one tax rate if you buy industry was being crowded out by uneven allows a state to collect taxes only when a something in a store locally and another if and unfair application of existing tax laws. seller has a physical location within the you buy online. Optimally, you’d want those Last year, online retailers sold $142 billion in state. to be pretty close, but given the variation in merchandise. As Buckley wrote and Alex- ‘‘It’s a state rights issue,’’ Alexander said. Colorado’s sales tax rates from one jurisdic- ander recognizes, reforms are required. ‘‘It gives the State of Tennessee the right to tion to another, there would certainly be a decide how to collect or not to collect its difference between the sales taxes you’d pay [From the Seattle Times, Nov. 11, 2011] own sales tax. at a brick and mortar store versus online. ‘‘It ends the subsidy for some businesses ‘‘It’s not a perfect remedy, but it’s not the BILL TO TAP INTO ONLINE SALES-TAX over others, it ends the subsidy for some tax- injustice that it used to be,’’ Wilson told us. REVENUE MAKES SENSE payers over others, it closes a loophole that’s What he means by that is now, people who The Seattle Times editorial board supports been growing for 20 years, and it permits the buy goods online from out-of-state retailers the Marketplace Fairness Act, which would state to collect that avoided revenue.’’ frequently do so without paying any sales allow states to collect sales taxes on mail- It’s no small matter. This year, University taxes. order and online purchases across state lines. of Tennessee economists have estimated, the That puts a local retailer with the store Washington’s delegation in Congress, Dem- Volunteer State is losing $365 million in down the street at a big disadvantage in ocrat and Republican, should support the missed sales taxes. The estimate for 2012 is competing with those selling items online. A Marketplace Fairness Act, a bipartisan Sen- $410 million. uniform tax rate for an online purchase ate bill that would allow states to collect Some traditional opponents of the tax would drastically reduce the ‘‘Main Street sales taxes on online and catalog purchases move now support it. Chief among them is inequity’’ problem, Wilson said. across state lines. the on-line giant Amazon, which said State revenue officials say passage of the For years, Washington residents have es- Wednesday it will work to get Alexander’s bill, which has bipartisan support, would cre- caped sales taxes by buying online. People bill passed. The firm, under a deal negotiated ate a big incentive for Colorado’s many dis- have enjoyed doing this, brushing aside the by Gov. Bill Haslam, had already agreed to parate taxing authorities to agree on sim- irksome thought that they were short- begin collecting the tax in 2014; Alexander’s plification. We hope Colorado policy makers give this changing local merchants, wiping out local bill, if passed, could speed up that process. jobs and undermining local governments. Support also has come from Wal-Mart and serious thought. We appreciate and respect When the Internet was small and times were Best Buy, as well as from some congressional the autonomy of home rule cities and coun- good, their irresponsibility could be over- conservatives who originally had opposed the ties. However, forging an agreement on this looked. No longer. move as a new tax. The American Conserv- matter could result in a measure of fairness In the two-year period ending June 30, 2013, ative Union has endorsed a similar bill intro- for local retailers and much-needed revenue Washington state government is in a $2 bil- duced in the House. for state and local governments. lion hole. Counties and cities also suffer. The Some opposition remains—eBay opposes Department of Revenue estimates that pass- the trend on the basis that it would place a [From bnd.com, Nov. 14, 2011] ing the Marketplace Fairness Act will bring new burden on small businesses. Alexander’s INTERNET TAX IS ABOUT FAIRNESS state and local government $483 million in bill would ease that burden by exempting on- new money in the next biennium. The effect line sellers who have less than half a million The tax-free days of shopping on the Inter- in this biennium would be less but still dollars in out-of-state sales; the House bill net may soon be a thing of the past. A bipar- meaningful. sets a $1 million cutoff point. tisan group of senators, including Sen. Dick Every hundred million dollars counts. The time is right. The path is clearing. Durbin of Illinois, has introduced a bill that Most states have an income tax. Our state Congress should act. may finally have traction. does not, and has voted four times against This is good news. While no one likes pay- one. If a sales tax is what the people want, [From the Denver Post, Nov. 14, 2011] ing taxes, this bill should help level the playing field for all businesses. they must update it for the 21st century— ONLINE SALES TAX COULD BEABOON and in an Internet world, that means col- Opponents complain that the measure will A new Internet sales tax bill introduced in hurt small Internet businesses, but small lecting the tax across state lines. Congress has the potential to allow cash- This state is also the home of the most brick-and-mortar businesses have to collect strapped states to collect billions in sales sales taxes; why shouldn’t small Internet- successful Internet retailer, Amazon. For taxes from online purchases. several years, Amazon has fought efforts of based businesses also? The Marketplace Fairness Act is a signifi- The only reason they don’t already do it is other states to collect sales taxes. Despite cant step forward that could help Colorado— that the system of figuring each jurisdic- Amazon being a neighbor to The Seattle someday. tion’s sales tax rate is so complicated. This Times, we have criticized its position. The problem that Colorado and a handful bill would set up a simplified process; states Amazon now changes. It has endorsed the of other states would face in trying to use would choose whether to participate. Marketplace Fairness Act. This is strategi- the authority described in the bill is lack of The bill is called, appropriately, the Mar- cally smart, and it is welcome. uniformity. ketplace Fairness Act. It’s time for Congress ‘‘Amazon’s coming out in support is huge,’’ Colorado’s local taxing authorities have to approve this plan. says Russ Brubaker, assistant director of the many different rates for various items and Mr. ALEXANDER. Mr. President, Department of Revenue in Olympia. would have to agree on uniform sales tax Interstate sales-tax bills have been offered rates for online purchases. this is a States rights argument. It is before, by Democrats. Brubaker notes that Yes, it’s a heavy lift. However, the folks at about allowing States to close a loop- the new bill, sponsored by Sen. Dick Durbin, the state Department of Revenue say they hole—a tax loophole. It is about stop- D–Ill., now has an equal group of Repub- think it’s possible. We hope so. This measure ping the subsidization of some tax- licans behind it, including Sen. Lamar Alex- could put an end to the Amazon tax wars, payers over other taxpayers, stopping ander of Tennessee. and could help states collect revenues right- the subsidization of some businesses ‘‘Having him on that bill makes a big dif- fully due. over others. About the only ones left ference,’’ Brubaker says. Some online retailers have fought hard This is a bill that makes sense. The timing against state-level attempts to get them to complaining are the taxpayers and is right. Our delegation should support it, collect sales taxes. They argued states were businesses that enjoy being subsidized and push hard. imposing improper and burdensome regula- by other taxpayers and other busi- tions on interstate commerce, and they had nesses, and that, in our opinion, is not [From the Paris Post-Intelligencer, Nov. 10, the law on their side. the correct tax policy. 2011] The answer was federal legislation to allow I am very pleased with the work of states to compel sales tax collection. In Col- ONLINE SALES TAX PATH IS CLEARING Senator ENZI and Senator DURBIN. I orado, that could mean an additional $173 will conclude where I started. I think AFTER A LONG FIGHT, STATES ARE WINNING million in state and local taxes in 2012. Bit by bit, states are winning the battle to That’s not chump change. they have solved the problem. As more collect sales taxes for purchases made by Geoff Wilson, general counsel for the Colo- Senators look at the fairness of the computer. rado Municipal League, said his reading of Marketplace Fairness Act and look at What once seemed a solid wall of opposi- the legislation is that local taxing authori- the options it gives each State, I hope tion that gave online sellers a huge advan- ties would have to agree to the same rates we will have more cosponsors. If I were tage and caused states to lose many millions for online sales originating with out-of-state running an online retailer in this coun- in lost revenue is being dismantled brick by retailers, ones without a physical presence in try, I would begin to make my plans to brick. Colorado. They’d still keep their local rates The latest turn is that Tennessee’s senior for local sales. collect the sales taxes that are already U.S. Senator, Lamar Alexander, has intro- Those online sales taxes would be collected owed and return them to the States be- duced a bill in Congress, coauthored by Re- at the state level, and then disbursed to the cause States will have the right under publican and Democratic senators, to let local entities. this legislation to do it.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7439 I thank the President and I yield the national community and the world. If we do, United States to lead, to build alli- floor. I note the absence of a quorum. one of 2 things will happen. There will be ances, to help American companies Mr. LEAHY. Madam President, I ask chaos, because without leadership there will compete successfully, and to protect unanimous consent that the order for be chaos in the international community, the interests and security of our citi- and that is dangerous. But it’s quite pos- the quorum call be rescinded. sible, that if we don’t lead, somebody else zens. The ACTING PRESIDENT pro tem- will. And perhaps it will be someone who Yet there are unmistakable signs pore. Without objection, it is so or- does not share our values of compassion, the that our global influence is already dered. rights of the individual, of liberty, and free- waning. It is not preordained that the Mr. LEAHY. Madam President, I dom. United States will remain the world’s have mentioned this to the distin- I could not agree more, and I hope dominant power. As Former Secretary guished Republican floor leader, and I other Senators appreciate what is at Rice said: ask unanimous consent that I be al- stake. Just as past generations rallied If we don’t lead, somebody else will. lowed to speak for a few minutes as in to meet the formidable challenges of I think every one of us can imagine morning business. the Great Depression, the Nazis, and which countries that might be, and I The ACTING PRESIDENT pro tem- the Cold War, we will bear responsi- shudder to think of some of them. pore. Without objection, it is so or- bility if we fail to meet the challenges You cannot have it both ways. We dered. of today. cannot expect others to follow if we do DEPARTMENT OF STATE AND FOREIGN I wonder if, in my parents’ genera- not lead. And we cannot lead if we do OPERATIONS APPROPRIATIONS BILL tion, this country had not rallied be- not pay our way. Mr. LEAHY. Madam President, at hind President Truman and Secretary We need to stop acting as though some point we may bring up the State George Marshall, who had the Marshall these investments do not matter; that and Foreign Operations Subcommit- plan, which to many people was very the State Department is not impor- tee’s appropriations bill. I understand unpopular, whether we would have tant; that we do not need the United that several Senators on the other side given aid to countries we had just been Nations; that what happens in Brazil, have refused to allow the Senate to de- at war with. What a different world it Russia, the Philippines, Somalia, or bate and vote on this bill, for one rea- would be today if we had not helped re- other countries does not matter; and son or another. That is unfortunate, build Europe or Japan. that the global threats to the environ- because it provides the funding for It is no wonder that other countries— ment, public health, and safety will many programs that have critical im- our allies and our competitors—are somehow be solved by others. portance to the Nation’s security. Let spending more each year to project Think of this: The most deadly, con- me mention a few: their influence around the world and to tagious diseases in the world are only It supports our counterterrorism strategy compete in the global marketplace. an airplane trip away from our shore. in South Asia, the Horn of Africa, and the Great Britain’s conservative govern- This year’s State, Foreign Operations Far East. It responds to the turbulent events ment is on a path to increase its inter- bill, which was drafted in a bipartisan in the Middle East and North Africa, and national development assistance to .7 manner, balances our priorities. Fund- threats on the Mexican border. It combats ing for these programs was requested transnational crime, piracy of intellectual percent of its national budget. You property, and the denial of fundamental free- might say: Only .7 percent of its na- by Republicans and Democrats. In fact, doms. It promotes access for U.S. companies tional budget? In the United States, it I the total number of requests we re- to foreign markets. It provides the funds to is .2 percent of our national budget. ceived from both parties dwarfed what operate and secure our embassies and con- Our leadership is being challenged Senator GRAHAM and I had available to sulates that serve millions of Americans unlike at any time since the Cold War. spend. while traveling, working and studying over- In Latin America, which is a larger There are no earmarks in this bill. seas. It preserves U.S. influence in key inter- market for U.S. exports than any other Because of the budget cuts, Members national organizations and alliances. And it region except the European Union, our on my side did not get close to every- responds to a massive famine in Somalia, thing they wanted, and neither did floods, and other humanitarian disasters. share is shrinking while China’s is growing. It is the same story every- Members on Senator GRAHAM’s side. We have to do this and much more where. But to anyone who thinks the 1 per- with a budget allocation that is $6 bil- There is simply no substitute for U.S. cent of the Federal budget we spend on lion below the President’s request. global leadership. The world is chang- international diplomacy and develop- I worry that ‘‘foreign aid’’ today is a ing profoundly, and we cannot afford to ment is too much, this bill will freeze term often maligned and misunder- retrench or succumb to isolationism. most embassy and consular operations, stood. It is viewed by many as a form The funding in the State, Foreign Op- curtail programs, and in some cases of charity, or a luxury we can do with- erations bill enables us to engage with defer payments to international orga- out, or that it is a sizable part of the our allies, defeat our competitors, and nizations that we are obligated by trea- Federal budget. But it is none of those deter our adversaries. It may be an at- ty to pay. things, as that list I just mentioned il- tractive target for campaign speeches This country is at a crossroads. We lustrates. and bumper sticker politics, but with- can retreat from the world, as some These have never been Democratic or out it we cannot meet the growing seem to want, while China and our Republican issues. The funds in this threats to our struggling economy and other competitors continue to expand bill determine whether the United our national security. their influence, or we can remain a States will remain the global leader it The bill that Senator GRAHAM and I leader. This Senator hopes we will have has been since the Second World War. will, I hope, be able to bring to the the sense to choose the latter course. Six weeks ago, former President floor of this body, was reported by the I was barely a child at the end of George W. Bush said: Appropriations Committee on a bipar- World War II, but I watched as our sol- One of the lessons of September 11th is tisan vote of 28 to 2. It is $6 billion diers came home, and I saw America’s that what happens overseas matters here at influence grow. I saw it as a young stu- home. . . . We face an enemy that can only below the President’s budget request. recruit when they find hopeless people, and It scales back many Department of dent in college and in law school. I saw there is nothing more hopeless to a child State and U.S. Agency for Inter- students who came to this country to who loses a mom or dad to AIDS [than] to national Development operations and learn what we did—why?—they were in- watch the wealthy nations of the world sit programs. It is going to force signifi- spired by America and wanted to learn back and do nothing. cant reductions in planned expendi- from our example. I saw members of Former President Bush is right. tures. I wish it did not, but I also agree my family and friends join the Peace In fact, his former Secretary of that we have to control spending. Corps. And when I have traveled over- State, Condoleezza Rice, was equally I doubt there is any Member of Con- seas since becoming a Senator, I hear blunt about the stakes involved. She gress from either party or either body people say: Thank goodness America said: who does not care if the United States helped us. I hope my children and my We don’t have an option to retire, to take becomes a second or third rate power. I grandchildren do not hear a different a sabbatical from leadership in the inter- think all of us in Congress expect the story.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7440 CONGRESSIONAL RECORD — SENATE November 15, 2011 The funding in this bill, which is I am very proud to be an alum of this these students might not have, how strongly supported by the Department important program, and I am delighted will they get a feel for what goes on of Defense, is, along with the U.S. mili- to help celebrate that later tonight at here, which is very important. tary, the best form of insurance the a reception for the 40th anniversary, Each year the Close Up Washington American people have. which is today. program participants engage in 1,000 I want to thank Chairman INOUYE Close Up’s mission is to inform, edu- meetings with Members of Congress and Senator COCHRAN for their support cate, and inspire young people to be ac- and their staffs on Capitol Hill. Our of the subcommittee’s budget. And I tive citizens in our democracy. Close Capital’s institutions and historic sites want to thank Senator GRAHAM, who is Up seeks to create a generation of are used as classrooms to help students a highly informed and passionate advo- Americans that exercise their rights explore the link between history and cate for U.S. global leadership. I appre- and accept the responsibilities of citi- contemporary political issues. It brings ciate his input and support, as I do the zenship. it alive to them. It makes it real for other members of the Appropriations Each year, Close Up serves thousands them. That is why it is so important Committee from both parties. of high school and middle school stu- for us to continue this program. It is easy for us to stand up and dents and their teachers on Wash- Students also learn and practice the speak about how we want America to ington-based government and citizen- habits of active, effective citizenship be No. 1. It is easy to sit on the side- ship education programs. These pro- with an intense emphasis on civil dis- lines and say you want to win the New grams demonstrate that an active citi- course. One of the most important and York marathon but you do not want to zenry is necessary for the perpetuation commendable aspects of the Close Up train for it. If we want to be No. 1, we of our democracy, and they provide program is its accessibility to eco- have to earn it. students with the knowledge and skills nomically disadvantaged students. I One thing that has united some of to participate firsthand—hands on, see- wish to take a minute to stress this. the great leaders of our country—both ing is believing, being here in Wash- There are many programs that are Republicans and Democrats—is their ington, seeing the buildings, experi- sponsored directly or indirectly by the desire to expand, in the most positive encing firsthand the ways of the Sen- Federal Government that allow stu- way, America’s influence around the ate and the House operating, seeing the dents to come to Washington. Then, of world, one, so we could help others, and Supreme Court in action leaves a last- course, there are many privately fund- two, because it protects us. If we get to ing impression, believe me, on these ed activities. this bill, I hope we will not find our- students—since the 1970s. But this is the only Federal program selves tangled in knots with I know my colleagues will join me in that I know of that reaches out in a sloganeering or special interest amend- the pride that 750,000 students and special way to students that would be ments, but, rather, debate it with only teachers from across the country have unable to come under any other cir- one interest in mind: that of the participated in Close Up programs. cumstances, they just could not afford United States of America. Participating students return to their it. Their families cannot afford it, and Madam President, I yield the floor schools and share with their class- so it would be out of reach for many of and suggest the absence of a quorum. rooms, with their student bodies, what them. That is what is so important The ACTING PRESIDENT pro tem- they learned and experienced. So while about Close Up. pore. The clerk will call the roll. we have had 750,000 students partici- The other important aspect, it is not The legislative clerk proceeded to pate, we have directly touched millions just for the kids in the class who are call the roll. of students and teachers and family 4.0 students. Many students come on Ms. LANDRIEU. Madam President, I members, as these students go back academic scholarships or they are cho- ask unanimous consent that the order and relay very fine experiences. sen because of their academic prowess. for the quorum call be rescinded. Students who participate in Close Up This is for the average kid, as well as The ACTING PRESIDENT pro tem- Washington travel to our Nation’s Cap- those who are achieving academically. pore. Without objection, it is so or- ital, usually for about 1 week, joining But it is for the average kid, the kid dered. with their peers from all over the whom we depend on to be our citizen CLOSE UP FOUNDATION United States, to live and learn to- for the future. Ms. LANDRIEU. Madam President, I gether during an intensive, inspiring, So because of that, it is especially rise to speak for just a few moments on and skill-building program. The pro- important for us to continue this op- a very special anniversary that we are gram is designed to enrich students’ portunity. Close Up provides a diverse celebrating, not just here in Wash- knowledge of the basic concepts and in- program experience for its participants ington but around the country; that is, stitutions of the Federal Government, and has provided over $100 million in the 40th anniversary of the Close Up an important part of our democracy, fellowship assistance to students and Foundation, familiar to us all. and to develop a practical under- teachers from underserved commu- It is a foundation that was started in standing of the process of the demo- nities through public funding and a 1971. Close Up has worked for four dec- cratic political system and the role of committed network of corporate and ades to promote responsible and in- citizens in this system, which is cen- philanthropic donors. So to the Federal formed participation in the democratic tral, as the Chair knows. money that serves as its base, we get process through Washington-based To engage students, expert institu- additional support from individuals civic education programs and class- tional staff use best practices and and from foundations to leverage that room publications. I had the pleasure methodologies, including role mod- resource, to provide an opportunity for myself of participating in one of the eling, small group discussions, simula- kids who would never be able to see first ever Close Up programs back in tions, and student-driven interaction with their own eyes the Capitol or the 1972. So I participated in the second with key policy experts. In other White House, would never be able to year when the program was in its fledg- words, this is not just a tour of Wash- walk into the Supreme Court, to actu- ling stage. ington, it is not just a tour of the ally see it and touch it and to experi- Little did I believe then or know then building, it is an interactive, hands-on ence it. that I would be a Member of the Sen- experience for young middle school and If it sparks an interest in one-fourth ate. But I can remember the tremen- high school students to have a better of the children who come, that would dous impact that program had on me understanding of how their government be great. But I think it sparks an inter- at that age. It was the first time I had operates. est in almost 100 percent of them in ever visited Washington, DC. I can tell If we think about it, we know they some way. When they leave, they are you without the Close Up program, I understand by maybe reading the paper forever changed in a positive way and probably would not have made that and talking to friends how their local can become active participants in this trip until many years later. But it government operates. They get a sense democracy. made a lasting impression on me and I of how their State governments oper- So at a time when students through- believe gave me some idea back then of ate. Without a real opportunity to visit out the United States show an alarm- a potential career in public service. the Nation’s Capital, which many of ing lack of proficiency in civics, as

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7441 demonstrated by the recent results of jective over the years and from whom vivid clarity what measures remain the National Assessment of Edu- it has obtained assistance. should our other efforts continue to cational Progress testing of 4th, 8th, The report also shows our own intel- fail. The Iranian regime must be espe- and 12th graders, Close Up continues to ligence community’s official estimate cially nondelusional about those poten- work to engage young people so they in 2007 that Iran had suspended these tial consequences, should it not change understand the political process, find activities in 2003 was wrong. The ac- its behavior. Indeed, to make all our ef- their own voice, and they embrace the tivities to design nuclear weapons soon forts to find a solution credible, the rights and responsibilities of citizen- resumed and are continuing. military option itself must be entirely ship, which is indeed a gift, and they Ironically, it seems efforts to slow believable. learn to appreciate that gift and to down or halt nuclear weapons develop- It is also essential to note that mili- participate more fully in this democ- ment through sanctions or even tary options are not ours alone. There racy. through computer viruses have only is broad, open discussion now in Israel I commend and congratulate Close had minimal or temporary effect. and elsewhere about whether Israel Up for 40 years of excellent service. I Many have been unwisely comforted by itself should act to remove this threat hope it will continue for another 40 such delays and, therefore, have been to the survival of their state. This also years. I am proud to be a strong sup- less focused and less determined to find must be part of our own policy calcula- porter of the Close Up program. I urge real solutions to this mortal security tion. my colleagues, as we have an oppor- threat. As former Secretary of State tunity, to support the funding for this Also, we have been mistakenly reas- Condoleezza Rice said in a television program, even in these tough budg- sured by the contention that Iran has interview this weekend: ‘‘I don’t have etary times. not yet made the political decision to any doubt that the Israelis will defend I yield the floor and suggest the ab- actually assemble nuclear weapons. themselves if the Iranians look as if sence of a quorum. This could potentially be one of the they really are about to cross that nu- The ACTING PRESIDENT pro tem- most dangerous conclusions of all. As I clear threshold.’’ pore. The clerk will call the roll. have repeatedly said from this floor If there is any remaining doubt the The legislative clerk proceeded to and during my tenure at the Bipartisan United States should not tolerate a nu- call the roll. Policy Center, a nuclear weapons-capa- clear Iran, I think we can assume Mr. COATS. Mr. President, I ask ble Iran is nearly as dangerous as a nu- Israel may not. unanimous consent that the order for clear-armed Iran. An Iran that has It is exactly to avoid this violent op- the quorum call be rescinded. spent years secretly pursuing—and now tion that we must renew all our efforts The PRESIDING OFFICER (Mr. we know successfully—the tech- at finding other ways to force the Ira- BLUMENTHAL). Without objection, it is nologies, the expertise, and materials nian regime to change its behavior, and so ordered. required to create nuclear weapons is a that includes compelling persuasion to Mr. COATS. Mr. President, I ask threat to the United States and to the convince our friends and allies—and unanimous consent to speak as in world. China and Russia as well—that united morning business for up to 15 minutes. Facing this imminent danger now, efforts are essential. We need a new dramatically tougher The PRESIDING OFFICER. Without with ample verification from the IAEA sanctions regime, and we need it now. objection, it is so ordered. that our anxieties are well-founded, is If we don’t impose it now, it may very IRAN’S GROWING NUCLEAR THREAT absolutely essential. It is no longer Mr. COATS. Mr. President, we have well be too late. possible to avoid the hard choices or I say this with some real reservations been seized with obviously pressing defer to the administration’s decisions. about whether any new sanctions can issues and emergencies, and I fear we In my opinion, there are only three persuade the Iranian regime to change have not been paying enough attention ways we can respond to this threat: We its policy. If we truly believe a nuclear to the issue of Iran and the growing nu- can accept the inevitability of a nu- weapons-capable Iran is unacceptable, clear threat posed by that country. The clear Iran and learn to live with it—to then the only logical response is to at recent release of the report by the tolerate and try to contain this new least prepare for a strike and send the International Atomic Energy Commis- Iranian power; secondly, we can reluc- signal that the United States is pre- sion has returned the Iran nuclear tantly take up the military option to pared to act on what has been deemed issue to the front pages and, hopefully, remove the threat—an option three by, as I said, three Presidents as unac- to the top of our list of priority issues Presidents have confirmed has always ceptable. that need to be discussed and need to been on the table; or, third, we can dra- I think it is contrary to U.S. inter- be evaluated. matically escalate the sanctions re- ests to try to outsource this task to The IAEA nuclear watchdog, which I gimes to force Iranian compliance with the State of Israel, but I also think the visited last March with a group of our collective international will. long-term danger is far greater than Members of the Senate and House In- The first option—tolerating a nuclear the serious but shorter term negative telligence Committees, has never been weapons-capable Iran—is not accept- consequences of a strike. an instrument of U.S. policy. In fact, it able. As I said, three previous U.S. Having said that, this force option has often offered perspectives contrary Presidents have unequivocally stated needs to be carefully considered, and I to America’s views or preferences and this. A nuclear-armed Iran would think we need to continue whatever ef- has rigorously defended its objectivity threaten the entire region and its enor- forts we can make to prevent us from independent of individual governments. mous energy resources, motivate broad having to ultimately choose that as Therefore, I think this latest report nuclear proliferation throughout the our only option. has all the more weight that we should Middle East, further destabilize a re- So I am suggesting a new, dramati- give serious consideration to. This ob- gion already in turmoil, encourage cally tougher sanctions regime. It is jective organization of nuclear experts radicalism and terrorism, and threaten going to have to be imposed very has had unrivaled access to informa- the destruction of the State of Israel. quickly. Publicly released information tion and sources within Iran. It has This last danger alone—to which clearly indicates that Iran is much stripped away the veneer of ambiguity Israel, as a last resort, would most cer- closer to nuclear weapons capability and uncertainty about Iranian efforts tainly respond to ensure its survival— than previously acknowledged. We to develop nuclear weapons. compels us to be clear-eyed and deter- must use the full focused power of our Iran is after the bomb, and we all mined to find a viable solution. Tolera- diplomatic instrument not to persuade know it. We can see the proof in this tion, I would suggest, is not a solution. Iran—that has clearly been a total fail- IAEA report, including compelling de- The second option—military action, ure to date—but to persuade other na- tail about Iran amassing fissile mate- while always posed as a last resort fol- tions that immediate, tough, new rial, designing explosive trigger de- lowing the failure of all other efforts— international sanctions are the only vices, and developing delivery systems. must, in my opinion, remain on the way to prevent us from having to go to The report details the way in which table. Our Nation and the international an option which none of us wishes to go Iran has relentlessly pursued this ob- community as a whole must see with to.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7442 CONGRESSIONAL RECORD — SENATE November 15, 2011 We must convince other reluctant when a well-designed comprehensive amendments they have and whether nations to make different calculations new sanctions regime with real teeth is they thought they could bring them to about their own self-interest in this presented to them, we will have the de- the floor today or tomorrow morning matter. If other Nations, including termined coalition we need to avert the so we could deal with them tomorrow, China and Russia, come to realize that disastrous consequences of our failure at the latest Thursday morning. So far a nuclear Iran truly will not be toler- to prevent the unacceptable. the news has been encouraging. There ated and that new developments bring Mr. President, I yield the floor. have not been that many amendments us closer to a military solution and its Mr. ALEXANDER. Mr. President, I and all the Senators with whom I have unforeseeable consequences, then they suggest the absence of a quorum. talked have said if they have amend- will hopefully come to different conclu- The PRESIDING OFFICER. The ments they believe there is no reason sions about how their own interests clerk will call the roll. why, as long as they are given a short can best be served. The bill clerk proceeded to call the period of time to talk and a chance to Our allies and friends, once they roll. vote on them—and they are germane, come to accept the reality of our firm Mrs. FEINSTEIN. Mr. President, I of course; they will have to be germane determination to neither tolerate a nu- ask unanimous consent the order for to fit with the rules of the Senate— clear Iran nor remove the military op- the quorum call be rescinded. they will be fine with that. tion, will increase their own commit- The PRESIDING OFFICER. Without We are going to be checking tonight ment to the sorts of sanctions regime objection, it is so ordered. with all Republican offices. We do not that are now essential. This in turn Mrs. FEINSTEIN. Mr. President, as I want to encourage any more amend- will show the Iranian regime at last understand the current situation, we ments but we want to know about that they face a truly united, truly for- do not know whether we are on three them if there are any so I can go to midable, and genuinely firm coalition bills or one bill. That is up to the lead- Senator FEINSTEIN and Senator REID entirely devoted to preventing them ership. Senator ALEXANDER and I have and say here are the amendments the from having nuclear weapons at their worked on the Energy and Water bill. Republican Senators want to offer, we disposal. Only then will we have a We are very hopeful we can move this are ready to go, we can deal with it to- chance to force the regime to change bill. It was unanimous in the sub- morrow and Thursday and hopefully we its behavior. committee on Appropriations. There will be able to do our basic work. Our So far, as I said, sanctions are simply was only one dissent in the full com- basic work is to do appropriations not achieving the desired result. Those mittee—which is one of the largest work in this body. That is our constitu- who point to their modest effect actu- committees in the Senate, in the Ap- tional responsibility. ally harm the broader effort, because propriations Committee. It is a signifi- So I thank Senator FEINSTEIN for the those effects deflect our determination cant bill. We believe we should move it way she approaches this. I understand to force a real change in Iranian behav- as quickly as we possibly can. We have where the majority leader is, and so ior. Sanctions may have reduced Ira- been talking. Obviously we are waiting far, I am encouraged. I will gather in- nian GDP by one or two percentage to hear from the leadership. We are formation. I will make my report to points and may have forced the regime hopeful that once we hear we can move you and Senator REID, and then we will to find creative ways to avoid them. very quickly to get this bill passed by see where you want to go. For example, I understand that as offi- this body. Mrs. FEINSTEIN. Let me thank the cial banks have been subject to sanc- It has been a great pleasure for me to distinguished ranking member for tions, many banks have miraculously work with Senator ALEXANDER. I know those comments, and I believe we are privatized. he has some comments he wishes to in agreement. What is sauce for the There is absolutely no evidence any- make at this time. goose is sauce for the gander. I would where that these sanctions have actu- The PRESIDING OFFICER. The Sen- hope any Democratic amendments ally forced the regime to change its be- ator from Tennessee. could come in just as quickly as pos- havior regarding its nuclear ambitions. Mr. ALEXANDER. As she usually sible, and we think we have a good bill. And now we learn from the IAEA re- does, the Senator from California said Hopefully there will not be many. I port that these sanctions have also not directly what the situation is. We on agree with what the Senator said about been serious obstacles to the techno- the Republican side understand that the Defense bill. We have a CR, and we logical, commercial, and scientific ac- the majority leader has some impor- really need to get cracking. Time is of tivities focused on acquiring nuclear tant business he has to make sure the the essence. weapons capability. We simply must do Senate finishes this week. We, as would We have been sitting here for a cou- much more, and we must do it now. many Democrats, want us to get to the ple of hours waiting for amendments. I am cosponsor of a bill, S. 1048, Defense authorization bill before we go There have been none thus far, and I which is intended to further tighten home. Senator REID wishes to do that. think the word is out: Now is the time. the noose on the Iranian regime. I will We respect that and we agree with Please, Members, if you have amend- continue to support those measures. that. ments, please file them. We have had But in light of this new information Senator REID wishes to make sure we one amendment just filed on the Re- from the IAEA, I am in favor of even have a chance to deal with the con- publican side and know of a couple of greater sanctions pressure. I have ference report that the House is ex- others, but that is about it at this signed a letter to the President calling pected to pass on Thursday, which con- stage. on him to use his prerogatives to im- tains a continuing resolution to fund Let me thank the ranking member. I pose sanctions on the Iranian central the government to mid-December. We guess we just sit here and wait. bank. Many have opposed that option understand that as well. Thank you, Mr. President. because it could constrict global en- That gives us a little time here, a I yield the floor and note the absence ergy supplies, increase oil prices, and day or two, to consider the Energy and of a quorum. would be ineffective if not supported by Water appropriations bill that Senator The PRESIDING OFFICER. The other nations. According to media re- FEINSTEIN has described. It has broad clerk will call the roll. ports, the administration itself decided consensus here in the Senate. It has no The bill clerk proceeded to call the just days before the release of this mandatory spending in it. It has an im- roll. IAEA report to take central bank sanc- portant defense component—nuclear Mr. REID. Mr. President, I ask unan- tions off the table for these reasons. weapons nonproliferation. It has a imous consent that the order for the This was, I believe, a serious mistake great many nondefense items that are quorum call be rescinded. and those judgments, I suggest, should important to the growth of our coun- The PRESIDING OFFICER (Mr. BEN- be reconsidered. try. It seems on the Republican side— NET). Without objection, it is so or- When the reality of this imminent I can speak for that—there is broad dered. threat to global security is clear, when consensus. At Senator REID’s request I Mr. REID. Mr. President, as I indi- all nations reflect on the consequences checked with many of our Republican cated, Senator FEINSTEIN and Senator of military action against Iran, and Senators, asked them how many ALEXANDER are working very hard to

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The condition of the school that we were not able to do so, but an HVAC systems. The average U.S. pub- interferes with the delivery of instruc- objection was raised that caused us not lic school building is 40 years old—ob- tion. This is problematic. Some 70 per- to be able to do that. They have not viously, many are much older—impair- cent of students are forced to learn in been able to reach an agreement to- ing teacher effectiveness and student facilities that have at least one signifi- night, so we will continue working and, achievement. In Ohio, thanks to former cant—sometimes more than that—in- hopefully, tomorrow something good Governor Taft, who, in part, was able adequate building feature, such as an will happen. to renovate a large number of our outdated heating and air-conditioning It is my understanding the Repub- school buildings about a decade ago, system, a leaky roof, a plumbing prob- licans have run a hotline with their has made a significant difference. But lem. Some 57 percent of students are Members to see if they can reduce the school buildings in my State, as they learning in a school with at least one number of amendments on the Energy are across the country, are still too unsatisfactory environmental condi- and Water bill. Remember, we can’t often old, decayed and much less effi- tion, such as poor indoor air quality, legislate on an appropriations bill, and cient and often compromise teacher poor acoustics or heating and lighting it has to be germane, so at least we and student morale and teacher effec- challenges. have those restrictions. tiveness. Conservative estimates sug- These substandard conditions can I would also say that while my gest it would cost some $270 billion to also harm the health and well-being of friends on the Republican side are make much needed maintenance and teachers and support professionals. working through amendments—if, in repairs for schools. Last week, I hosted a national call fact, there is an agreement—there are That is why I introduced the Fix with advocates to discuss this legisla- Democrats who also want to offer America’s Schools Today Act—the tion and discuss the impact sub- amendments, so it is not going to be FAST Act—which would invest some standard schools have on students and just amendments offered by Repub- $30 billion to repair and modernize our faculties and parents. One of the par- licans. If, in fact, we can work some- Nation’s school facilities. The FAST ticipants shared with me her personal thing out, Democrats also wish to offer Act would invest in States and local experience as a special ed teacher. It is amendments. So I hope, and I am cau- school districts to help them make a story I imagine many of my col- tiously optimistic, that the two fine critical repairs to existing facilities or leagues have heard before and can be Senators can work through this morass to supplement their current mainte- found anywhere in our country. we have and move forward. I sure hope nance efforts. Joellen spent 9 years of her 23-year we can do that. Modernizing our schools can save teaching career in an elementary We are not going to spend a lot of $100,000 a year in maintenance costs— school in Fairfield, CT, with severe time on this. We wasted most of the enough for two new teachers or 200 mold contamination. Poor air quality day on procedural issues relating to more computers or 5,000 textbooks. in the school forced her into an early this. But Thanksgiving is fast ap- The FAST Act would focus on areas retirement by compromising her health proaching. We have a lot of stuff to do of need—school districts with high per- and her well-being. Because of these other than this Energy and Water ap- centages of poor children and schools poor working conditions, Joellen has propriations bill. with the greatest need for repair and lost 50 percent of her lung function and The PRESIDING OFFICER. The Sen- renovation. is currently dependent on an oxygen ator from Ohio. Modernizing schools can improve the tank. She is not the only one affected Mr. BROWN of Ohio. Mr. President, I academic experience for students. In by these conditions. Eighty-five of her ask unanimous consent to speak as in September, I spoke with principals colleagues are also battling health con- morning business for up to 15 minutes. from across Ohio who discussed how ditions as a result of an unhealthy The PRESIDING OFFICER. Without the quality of their school facilities af- school environment. objection, it is so ordered. fected their students and their teach- It is unacceptable that our failure to AMERICAN EDUCATION WEEK ers. This is pretty interesting. I heard act undermines student achievement Mr. BROWN of Ohio. This week from the former principal at a high and teacher effectiveness and the marks the 90th anniversary of Amer- school near Zanesville, a city in east- health and the well-being of our entire ican Education Week where we honor ern Ohio, who described a student’s re- school communities. It is even more our teachers, education support profes- action following the renovation of disturbing that our schools go sionals, parents, and substitute teach- their school. This was a generally low- unrepaired when there are thousands of ers for their dedication and service to income, an Appalachian area of Ohio. workers ready and willing to modernize our children and to our schools. Students were used to going to schools our schools. The FAST Act, by employ- My mother was a high school English that were substandard—not in terms of ing people to repair our aging schools, teacher. Born in Mansfield, GA, a town teacher quality but in terms of the fa- would create good-paying, middle-class of about 500 people, she taught in the cility itself. We preach to our young jobs. era of segregation in central Florida. people that education matters more We know we have to fix our schools. Raising my two older brothers and me than anything else in our society, and We know we have to do this renova- in Mansfield, OH, she taught in an era then we send students to physically tion. We know as a nation, when we put of a growing American middle class. As substandard schools. But this student’s real attention into infrastructure, the have teachers throughout our history, reaction, after the renovation of the dividends it paid for generations were she taught her students and her sons school: ‘‘I felt rich,’’ he said, because significant. The United States, in the that education is the gateway to oppor- he was going to school now in a ren- 1950s, 1960s, 1970s, and 1980s, led the tunity, that it can integrate a divided ovated, modern, high-tech environ- world in infrastructure. Whether it was and segregated Nation and, in the proc- ment, something he had never seen school repairs, the building of commu- ess, create a more prosperous nation. growing up in Appalachia, Ohio, as a nity colleges, water and sewer systems, When our Nation needs our teachers kid whose parents didn’t make a lot of highways and bridges, ports and locks the most—at a time when our economy money. or medical research, we were the envy needs our schools to succeed—we must Improving school facilities, of course, of the world in our infrastructure, and remind ourselves of the importance of though, is more than just about stu- it set the foundation for decades of educators. I would add that the Pre- dent morale. Research has proven the prosperity. Unfortunately, as this Con- siding Officer is known in this body as rates of absenteeism decline and test gress has been more interested in tax one of the premier educators in our scores improve in a more modern cuts for the rich and less interested in

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7444 CONGRESSIONAL RECORD — SENATE November 15, 2011 investment in medical research, in edu- She doesn’t. She teaches in what we nine and Erin—Jeannine from a Cleve- cation, in health care facilities, in would call an affluent suburb of Cleve- land suburb; Erin, a central Ohio transportation, we have declined eco- land. teacher, both with long experience in nomically as a nation. The middle I teach in a suburban community where the classroom—I hope their words were class is under fire. We are not able to many of the houses sell for around $300,000 or compelling enough so my colleagues build and produce the way we could more. But the community has not passed a will join me in supporting the FAST have if we had kept this infrastructure levy in a while. Act, getting it through the Senate— up to date. I pay 20% toward my health insurance . . . not filibustering it. Let’s debate it, That is the importance of the FAST My colleagues may remember that talk about it, vote on it up or down, Act. It is the importance of much of Governor Kasich had just pushed and send it to the House. I hope we get the rest of the jobs bills we have through a bill to take away collective it to the President by the end of the pushed in this Congress. We know that bargaining rights for people such as year so we can start putting people every $1 billion in school renovation Jeannine, saying they should be paying back to work doing the school renova- can create 10,000 jobs. more of their health care. They have tion, putting our factory workers back The FAST Act includes strong ‘‘Buy already made those concessions at the to work making the windows and ce- American’’ provisions to ensure that bargaining table. That is why Jeannine ment and brick and all we need in Ohio construction workers, for in- says she pays 20 percent toward her school construction and school renova- stance—we are the third leading manu- health insurance. She says: tion and making a difference for our facturing State in the country, exceed- 10% toward my retirement, and [I] have students in the decades ahead. ed only by Texas, twice the size of Cali- not seen a pay increase in years. I yield the floor and suggest the ab- fornia—three times the size—building I really love what I do, but am despondent sence of a quorum. technicians, boiler repairmen, roofers, at times about the lack of community support for education. The PRESIDING OFFICER. The painters, electricians, and people who clerk will call the roll. manufacture these products are using That is a whole other issue. But we The legislative clerk proceeded to American-made products. do know we can make a difference in call the roll. The FAST Act is included in Presi- making not just Jeannine’s life bet- Mr. REID. Mr. President, I ask unan- dent Obama’s American Jobs Act. ter—that is a goal we should share— imous consent that the order for the Under his proposal, Ohio would receive but, most importantly, making teacher quorum call be rescinded. some $985 million in funding for K–12 morale, student morale, teacher effec- The PRESIDING OFFICER. Without schools and an additional $148 million tiveness, and student learning signifi- objection, it is so ordered. for Ohio’s community colleges. Ohio cantly better. has one of the best community college The last letter I will share is from f networks in the country. Erin from Columbus, OH. She is a spe- MORNING BUSINESS It is obvious our schools need fixing. cial ed teacher. She writes: Mr. REID. Mr. President, I ask unan- Our workers need work. Interest rates Of our 14 schools, 5 are currently under- imous consent that the Senate proceed are low. Construction companies want going the last of a 2 year renovation project. to a period of morning business, with to put people to work and, competing We had schools where walls were literally Senators permitted to speak therein with each other, will bid as low as they falling in, we were in urgent need of these re- for up to 10 minutes each. likely will in the next decade or two, so pairs. The PRESIDING OFFICER. Without now is the time to do this. Now, we find ourselves lacking in tech- objection, it is so ordered. This bill has been endorsed by some nology, and are in need of updating these needs, in order to compete with the ever f 50 organizations: the American Asso- changing needs of the demands of the work- ciation of School Administrators, the place that our students will be entering. PASSAGE OF S. RES. 199 American Federation of Teachers, the Investments in education such as targeted Mr. REID. Mr. President, I rise today National Education Association, the resources for school and campus repair and to express my appreciation for the pas- modernization will jump start the economy Building & Construction Trades, First sage of S. Res. 199 by unanimous con- Focus Campaign for Children, and the and ensure students the learning environments so essential to their success. sent last night. This resolution sup- Parent Teacher Association, the PTA. ports the goals and ideals of Crohn’s They agree it is about jobs, about edu- Our student day is now shorter, all in an effort to save money. and Colitis Awareness Week. cation, and our Nation’s future. I urge Crohn’s disease and ulcerative coli- my colleagues to support this common- Think about this: They are making the schoolday shorter when we are tis, known collectively as inflam- sense legislation. matory bowel disease, are chronic dis- Lastly, I wish to read a couple letters talking, in the paragraph before in her orders of the gastrointestinal tract I received about this legislation. First letter, about: How do we compete which afflict approximately 1.4 million is Jeannine from Strongsville, OH. She internationally? We are going to make Americans, 30 percent of whom are di- is a teacher: our schoolday shorter when already we go to school—I think the former Den- agnosed in their childhood years. IBD I have taught at the same middle school can cause severe abdominal pain, fever, for 24 years. During that time, I have ver school superintendent, the Pre- watched our building physically deteriorate siding Officer, would confirm this— and intestinal bleeding. Complications before my eyes. fewer days than many of our economic related to IBD can include: arthritis, Strongsville is what we would call, competitors. So because of costs, be- osteoporosis, anemia, liver disease, by most measurements, one of Cleve- cause we need to continue to give tax growth and developmental challenges, land’s more affluent suburbs. Nonethe- breaks to the wealthiest people in this and colorectal cancer. Inflammatory less, she has seen it physically deterio- country, we cannot fund the kinds of bowel disease is being diagnosed with rate in 24 years of teaching. things we want to fund in education to increased frequency in children and can The leaky roof leaves stains on the ceilings compete internationally. be especially devastating for these and the floors. Often the heating doesn’t In the end, Erin writes: young patients and their families. work. It’s the students that lose, and our edu- Despite the prevalence of IBD, a lack Two years ago, my classroom had no heat cators know this, and [we all] strive each of awareness among both the general in December. We are a suburb of Cleveland, and every day to reach every single student, public and health professionals may so do I need to tell you how cold it was in with the ever increasing demands put upon contribute to the misdiagnosis and there? them. After more than two decades with no mismanagement of Crohn’s disease and money for paint, our vice principal asked She writes: ulcerative colitis. S. Res. 199 will sup- Home Depot for help—it donated enough The FAST Act will make sure that our stu- port efforts to increase awareness and paint to spruce up the hallways, offices, and dents have the learning environments they education about these illnesses. It will a handful of classrooms. need and deserve. also recognize the individuals and fam- She writes: My words may have, I hope, con- ilies who must contend with IBD as Does it sound like I teach in the inner-city vinced some of my colleagues. I hope part of their daily lives, as well as the or an extreme rural area in Ohio? the words, the two letters from Jean- health care professionals who care for

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7445 Crohn’s disease and ulcerative colitis Eldred also served as one of three schools through the WPA. Dad was also good patients and the biomedical research- original water commissioners for the at making moonshine stills and made them ers who work to advance research McCreary County Water District. for everybody around. He had customers from as far away as Lexington and Cin- aimed at the development of new treat- Eldred presided over the Pine Knot por- cinnati. I wanted to go into the CCC, but dad ments and a cure for these illnesses. tion of the district he helped create. In wouldn’t let me.’’ The passage of this resolution will give his later years, he became involved As a teenager, Eldred was not afraid of hope to millions of Americans strug- with the McCreary County Develop- hard work. When he was 12 years old, gling with Crohn’s disease and ulcera- ment Association, and also served as a Musgrove sold ‘‘Grit’’ newspapers to people tive colitis—particularly young chil- member of McCreary County’s first air- all over the southern end of the county. Musgrove shares his memories of one special dren—that we will continue to focus port board, where he helped develop a customer. ‘‘I remember one customer in par- our attention on these very difficult local runway. Additionally, Eldred has ticular. His name was Andy Galimore. He conditions. also been a member of the McCreary was a Spanish-American War veteran. He f County Industrial Development Asso- lived up on a ridge across the railroad at ciation, the first Stearns Museum Pine Knot. He had a vineyard, and he would TRIBUTE TO MR. ELDRED Board, and the Kentucky Highlands In- let me pick all the grapes that I wanted. MUSGROVE vestment Corporation for 31 years. Andy Galimore must have been a secretary or something like that for his unit, because Mr. MCCONNELL. Mr. President, I These days, the Musgrove home is he had a roster of names that he let me see. rise today to honor and pay tribute to decorated with countless photographs, The roster listed the names of men and told a very fine Kentuckian and World War certificates, and awards including a different types of information about them. It II veteran, Mr. Eldred Musgrove of picture of Eldred shaking President told when the men were absent, when they McCreary County, KY. Eldred, who is Bill Clinton’s hand that serve as a re- were promoted, and all of the different now 91, has played an instrumental minder of Mr. Musgrove’s many suc- things they did in the service.’’ role in developing many of the basic cesses and achievements throughout ‘‘When I was 16, I worked my first ‘real’ services that are currently enjoyed by job. I worked for Neil Stephens, who was an the years. However, Eldred admits that ex-county sheriff living on Cal Hill. His saw- the citizens of McCreary County, KY. he is not yet finished. ‘‘I still have a mill was up above the Marsh Creek School- Eldred was raised in Strunk, KY, in a job to do. My job may be taking care of house. He paid me 10 cents an hour to roll house just behind the old Lum Strunk my wife, writing letters to congress- logs down for him to saw. The mill used a homeplace. As a teenager, he became men, or erecting a monument. All I steam boiler, and they had to get up steam familiar with responsibility and hard know is that I still have a job to do.’’ in order to saw. I also carried drinking work. The oldest of six, by the time he Mr. President, Mr. Eldred Musgrove’s water. I didn’t get money for pay. I got a slip was 14, Eldred remembers having to to take to Manuel Creedmoor’s (O.K.’s) store long life of selflessness and service to to buy things. I bought school clothes.’’ help raise his brothers and sisters after McCreary County and his fellow Ken- Eldred met the now 90-year-old Sophie, his their mother passed away. He recalls tuckians is truly admirable. Mr. wife of 64 years, while they attended the carrying his 3-year-old baby brother to Musgrove is a true American patriot Pine Knot School together. He laughs, ‘‘I his grandmother’s each morning and and an inspiration to the people of our didn’t pay any attention to her when we returning each afternoon to pick him great Commonwealth. A local news- were in school! When I came back home from up, before walking a mile himself just paper, the McCreary County Voice, the military, I got a job at the Ford garage in Stearns. She walked home from where she to get to school each day. published an article on October 20, 2011, ‘‘When I was 16, I worked my first worked, and I drove home from my work in to celebrate Mr. Musgrove’s many ac- an old pickup truck. We started meeting. I’d ‘real’ job,’’ Eldred explains. At the complishments in life. I ask unanimous toot the horn and wave at her. Finally, I time, ex-county sheriff Neil Stephens consent that the full article be printed asked her to go to the show with me. We owned a sawmill that was located up in the RECORD. went from there by going out to a show to- above the Marsh Creek Schoolhouse. There being no objection, the mate- gether and ended up where we are now by ‘‘He paid me 10 cents an hour to roll rial was ordered to be printed in the being married for 64 years! I don’t remember the name of the show, but I do remember logs down for him to saw,’’ Eldred says. RECORD, as follows: As a result, Eldred developed a resil- going to pick her up one time. There was a [From the McCreary County Voice, Oct. 20, store sitting up on the corner of the road ient worth ethic, which would eventu- 2011] going to her house. There was a big long ally help pave the way to a long and MAKING A DIFFERENCE bench outside. The road to Sophie’s house successful career in community serv- (By Eugenia Jones) was so bad that I couldn’t drive out it so she would meet me at the store. One time I was ice. You may or may not be personally ac- sitting on the bench waiting on her and an- Eldred met Sophie, who is 90 years quainted with Eldred Musgrove, but if you other fellow was sitting there talking to me. old and his wife of 64 years, while they are a resident of McCreary County, the ener- He said he had a date with a ‘‘Meadows’’ girl. attended school together at Pine Knot getic 91-year-old probably touches your life I said, ‘Well, I do too!’ It wasn’t long before on a daily basis. Not only did he serve his as kids. ‘‘I didn’t pay any attention to Sophie showed up with her sister as a date country in World War II, but Musgrove, her when we were in school!’’ he re- for the other fellow!’’ calls. After he returned home from the throughout his life, has been instrumental in After Eldred and Sophie married, Eldred military, though, Eldred got a job the development of many of the basic serv- began taking an active role in trying to working at the Ford garage in Stearns ices currently enjoyed by citizens of the serve his community. He remembers the in- county. fluence of the Kiwanis Club during the early and began to see Sophie as he drove Growing up in Strunk, Kentucky, in a home from work each day. They began development of the county. ‘‘I became a house just behind the old Lum Strunk charter member of the Pine Knot Kiwanis dating and have been happily married homeplace, Eldred probably did not see him- Club in 1950. The club was very active for a ever since. self becoming such a civic-minded adult. At few years. Pine Knot, at that time, had only Not long after they wed, Eldred the age of 14 and as the oldest of six children, 12 telephones on two party lines. The began taking a more active role in the Eldred helped to take care of his brothers Kiwanis Club started selling stock and community. ‘‘I became a charter mem- and sisters when his mother died. He recalls formed the first dial-telephone company in ber of the Pine Knot Kiwanis Club in walking more than a mile to school each day the county. The company had 128 customers because there were no school buses. On his and was doing well. However, we couldn’t af- 1950,’’ he remembers. Eldred and the or- way to school, Eldred would carry his three- ganization were very active for several ford a full-time maintenance man. When the year-old baby brother to his grandmother’s Highland Telephone Company offered 150 years, selling stock, helping to estab- house and then return on his way back home percent on our stock, we ended up selling out lish the county’s first dial-telephone from school to carry the toddler home. to them. We made sure that we sold under company, and even playing an instru- Eldred grins, ‘‘I’ve never had a chance to the condition that we would get free service mental role in helping to build the first study, but I still managed to make Cs all across McCreary County and in Scotty Pine Knot fire truck. In 1967, Eldred throughout school. When I got home, instead County. I remember some of the board mem- helped form the McCreary County Fire of studying, I had to take care of the stove bers when the phones were with the Kiwanis. wood. My dad was rather thrifty, but he Commission and served as the board I was on the board, as well as Leon Hayes, managed to take care of us. Dad worked Gorman Strunk, Harold Hickman, Smith chairman for the South McCreary some in coal, and later, he went together Ross, Autis Ross, and Ralph Chaney.’’ County Fire Department for many with his brother and bought a 1933 model The Kiwanis were also instrumental in years. Chevrolet truck to haul stone for building helping to build the first Pine Knot fire

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7446 CONGRESSIONAL RECORD — SENATE November 15, 2011 truck. Musgrove can remember when Clar- ment Corporation Board. The Kentucky SSG James M. Christen, 29, of ence Harmon picked up a pump and gave it Highlands Investment Corporation is an or- Loomis, CA, died July 19 in Kunar to the Kiwanis to use. ‘‘We kept it up at the ganization formed to help fund businesses so Province, Afghanistan, of wounds suf- service station, and it froze and burst. I only that jobs are created. KHIC began in the old remember us putting out one fire with it and wholesale building (now the Depot) in down- fered when enemy forces attacked his that was in a cabin down at the Shell Grove. town Stearns and has since moved to Lon- vehicle with an improvised explosive Later, when Bob Anderson was county judge- don, Kentucky, where it currently serves device. Staff Sergeant Christen was as- executive, there was a salesman with two over 20 counties. Musgrove and Bill Sin- signed to the 2nd Battalion, 27th Infan- fire trucks for sale. Bob appointed me and gleton currently represent McCreary County. try Regiment, 3rd Brigade Combat Bon L. Bybee to check on the trucks. Along with his active participation in the Team, 25th Infantry Division, Schofield Tweedy Hatfield helped too. In 1967, with the community throughout the years, Musgrove Barracks, HI. help of Mr. Wright from the Bank of has supported himself and his family SGT William B. Gross Paniagua, 28, McCreary County, we ended up forming the through self-employment. Musgrove oper- McCreary County Fire Commission and ated a car body and fender repair shop and of Daly City, CA, died July 31 in Kunar bought a truck for Pine Knot and one for was a plumbing and excavation contractor. Province, Afghanistan, of injuries suf- Whitley City. I was the board chairman for He and his wife also operated a mobile-home fered when enemy forces attacked his the South McCreary County Fire Depart- park. Always eager to learn, Musgrove at- vehicle with an improvised explosive ment for many years. During that time, we tended classes about business law and small- device. Sergeant Gross Paniagua was built the sub-station at Holy Hill.’’ business management. assigned to the 3rd Brigade Special Today, the walls of Musgrove’s home are Musgrove also played a role in the initial Troops Battalion, 3rd Brigade Combat development of the McCreary County Water adorned with many photographs, certifi- District. Judge-Executive Prince Stephens cates, and awards. Photos of U.S. presidents, Team, 25th Infantry Division, Schofield appointed Musgrove, Bill Gilreath, and Al- including former President George W. Bush, Barracks, HI. fred Kidd as water commissioners for the are displayed. One photograph, snapped when SSgt Leon H. Lucas Jr., 32, of Wilson, Pine Knot/Revelo area. ‘‘We brought engi- Musgrove visited a factory as a KHIC board NC, died August 1 while conducting neers out of Tennessee to help build a water member, shows Eldred shaking the hand of combat operations in Helmand Prov- district,’’ Musgrove recalls. ‘‘They did a President Bill Clinton. Musgrove comments ince, Afghanistan. Staff Sergeant study of the county and recommended that on that photo, ‘‘I shook his hand. It didn’t Lucas was assigned to 3rd Battalion, we join together with the Whitley City make much difference to me that he was the Water District. Whitley hadn’t done much, president.’’ 4th Marine Regiment, 1st Marine Divi- so we decided to eliminate the two districts Eldred’s latest project is an attempt to sion, I Marine Expeditionary Force, and form one new McCreary County Water erect a monument that displays the Ten Twentynine Palms, CA. District. I represented Pine Knot. A.W. Commandments and honors veterans. He SPC Jinsu Lee, 34, of Chatsworth, Holmes represented Whitley City, and Dr. comments that he still has a job to accom- CA, died August 5 in Kunar Province, Winchester represented Stearns. We were the plish in life. ‘‘I still have a job to do. I’m just Afghanistan. Specialist Lee was as- first three water commissioners for not sure what it is. My job may be taking signed to the 2nd Battalion, 27th Infan- McCreary County. The three of us ended up care of my wife, writing letters to congressmen or erecting a monument. All I know is try Regiment, 3rd Brigade Combat signing a personal note and buying a farm Team, 25th Infantry Division, Schofield that was for sale. That’s where the water res- that I still have a job to do.’’ So it is, that ervoir was built. There was a problem, Eldred Musgrove, who was not overly im- Barracks, HI. though, when the lake covered five acres of pressed by shaking the hand of the president, SSgt Andrew W. Harvell, 26, of Long Forest Service land. We had to get a special still finds great happiness in ‘‘making a dif- Beach, CA, died August 6 in Wardak permit to take care of that!’’ ference’’ in the lives of his fellow McCreary Province, Afghanistan, of wounds suf- Years later, Musgrove became involved Countians. fered when his CH–47 Chinook heli- with the McCreary County Development As- f copter crashed. Staff Sergeant Harvell sociation. The Association was formed to was assigned to the 24th Special Tac- help the water department and McCreary HONORING OUR ARMED FORCES tics Squadron, Pope Field, NC. County. Musgrove remembers when the Mrs. BOXER. Mr. President, I rise water department discovered that they could today to pay tribute to 33 servicemem- PO1 (SEAL) Jesse D. Pittman, 27, of get grants to run water lines to industrial bers from California or based in Cali- Ukiah, CA, died August 6 in Wardak sites. He smiles as he explains, ‘‘I remember fornia who have died while serving our Province, Afghanistan, of wounds suf- those people saying that they hoped we were country in Operation Enduring Free- fered when his CH–47 Chinook heli- smart enough to find a site away from town. dom since July 5, 2011. This brings to copter crashed. Petty Officer Pittman I guess we went to the extreme! Industrial was assigned to a west coast-based sites were bought in Greenwood and near the 309 the number of servicemembers either from California or based in Cali- Naval Special Warfare Unit. state line. We managed to get a grant that PO1 (SEAL) Darrik C. Benson, 28, of let us lay water lines to those sites on both fornia who have been killed while serv- ends of the county!’’ ing our country in Afghanistan. This Angwin, CA, died August 6 in Wardak In addition to busying himself with represents 17 percent of all U.S. deaths Province, Afghanistan, of wounds suf- McCreary County telephone, water, and fire in Afghanistan. fered when his CH–47 Chinook heli- department concerns over the years, SSG Nicanor Amper IV, 36, of San copter crashed. Petty Officer Benson Musgrove also turned his attention to the Jose, CA, died July 5 in Khowst, Af- was assigned to an east coast-based development of a local airport by becoming a Naval Special Warfare Unit. member of McCreary County’s first airport ghanistan, of wounds suffered when enemy forces attacked his unit with a MCPO (SEAL) Louis J. Langlais, 44, board. Musgrove can recall early attempts to of Santa Barbara, CA, died August 6 in establish an airport. ‘‘We found two pieces of rocket propelled grenade. Staff Ser- property where an airport could be built. geant Amper was assigned to the 6th Wardak Province, Afghanistan, of Both tracts belonged to the Forest Service. Squadron, 4th Cavalry Regiment, 3rd wounds suffered when his CH–47 Chi- When we chose the Pine Knot site, we had to Brigade Combat Team, 1st Infantry Di- nook helicopter crashed. Master Chief get a special use permit from them. They vision, Fort Knox, KY. Petty Officer Langlais was assigned to had clear-cut the site and planted it with LCpl Norberto Mendez Hernandez, 22, an east coast-based Naval Special War- pine trees. Burris Smith and I surveyed it of Logan, UT, died July 10 while con- fare Unit. and finally got a dirt runway built. ‘‘Doc’’ ducting combat operations in Helmand Sgt Adan Gonzales Jr., 28, of Bakers- Jim Anderson had a small plane, and he be- field, CA, died August 7 while con- came chairman of that board. We had several Province, Afghanistan. Lance Corporal people on the board, including Jim Burgess, Mendez Hernandez was assigned to 1st ducting combat operations in Helmand Harold Hickman, and Burris Smith. We got Battalion, 5th Marine Regiment, 1st Province, Afghanistan. Sergeant Bob Gable on there too, because he knew Marine Division, Camp Pendleton, CA. Gonzales was assigned to 1st Battalion, people in Frankfort. Later, there was a land LCpl Christopher L. Camero, 19, of 5th Marine Regiment, 1st Marine Divi- exchange with the Forest Service, and Kailua Kona, HI, died July 15 of wounds sion, I Marine Expeditionary Force, McCreary County was finally able to get the suffered July 6 while conducting com- Camp Pendleton, CA. airport turned over to them.’’ bat operations in Helmand province, Sgt Joshua J. Robinson, 29, of After serving on the McCreary County Air- Afghanistan. Lance Corporal Camero Omaha, NE, died August 7 while con- port Board for four years, Musgrove went on to serve on the McCreary County Industrial was assigned to 3rd Battalion, 4th Ma- ducting combat operations in Helmand Development Association, the first Stearns rine Regiment, 1st Marine Division, I Province, Afghanistan. Sergeant Rob- Museum Board, and, for 31 years, as a board Marine Expeditionary Force, inson was assigned to 1st Battalion, 5th member of the Kentucky Highlands Invest- Twentynine Palms, CA. Marine Regiment, 1st Marine Division,

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7447 I Marine Expeditionary Force, Camp signed to the 4th Squadron, 4th Cavalry SGT Carlo F. Eugenio, 29, of Rancho Pendleton, CA. Regiment, 1st Heavy Brigade Combat Cucamonga, CA, died October 29, in PFC Rueben J. Lopez, 27, of Williams, Team, 1st Infantry Division, Fort Kabul Province, Afghanistan, of CA, died August 11 in Kandahar Prov- Riley, KS. wounds suffered when enemy forces at- ince, Afghanistan, of injuries sustained SSgt Nicholas A. Sprovtsoff, 28, of tacked his vehicle with a vehicle-borne when an improvised explosive device Davison, MI, died September 28 while improvised explosive device. Sergeant detonated near his vehicle. Private conducting combat operations in Eugenio was assigned to 756th Trans- First Class Lopez was assigned to the Helmand Province, Afghanistan. Staff portation Company, 224th Sustainment 1st Battalion, 32nd Infantry Regiment, Sergeant Sprovtsoff was assigned to 1st Brigade, California Army National 3rd Brigade Combat Team, 10th Moun- Marine Special Operations Battalion, Guard, Van Nuys, CA. tain Division, Fort Drum, NY. U.S. Marine Corps Forces Special Oper- LCpl Nickolas A. Daniels, 25, of Elm- SPC Kevin R. Shumaker, 24, of Liver- ations Command, Camp Pendleton, CA. wood Park, IL, died November 5 while more, CA, died August 31 in a stateside Sgt Christopher Diaz, 27, of Albu- conducting combat operations in hospital of a noncombat related illness. querque, NM, died September 28 while Helmand Province, Afghanistan. Lance Specialist Shumaker was assigned to conducting combat operations in Corporal Daniels was assigned to 3rd the Brigade Special Troops Battalion, Helmand Province, Afghanistan. Ser- Combat Engineer Battalion, 1st Marine 2nd Brigade Combat Team, 10th Moun- geant Diaz was assigned to Head- Division, I Marine Expeditionary tain Division, Fort Drum, NY. quarters Battalion, Marine Corps Air Force, Twentynine Palms, CA. SPC Koran P. Contreras, 21, of Ground Combat Center, Twentynine I would also like to pay tribute to Lawndale, CA, died of wounds suffered Palms, CA. the one servicemember from California when enemy forces attacked his unit LCpl Benjamin W. Schmidt, 24, of who has died while serving our country with an improvised explosive device San Antonio, TX, died October 6 while in Iraq since July 5, 2011. This brings to September 8 in Kandahar, Afghanistan. conducting combat operations in 892 the number of servicemembers ei- Specialist Contreras was assigned to Helmand Province, Afghanistan. Lance ther from California or based in Cali- the 2nd Battalion, 87th Infantry Regi- Corporal Schmidt was assigned to 2nd fornia who have been killed while serv- ment, 3rd Brigade Combat Team, 10th Battalion, 4th Marine Regiment, 1st ing our country in Iraq. This represents Mountain Division, Fort Drum, NY. Marine Division, I Marine Expedi- 20 percent of all U.S. deaths in Iraq. SPC Douglas J. Jeffries Jr., 20, of tionary Force, Camp Pendleton, CA. PFC Steven F. Shapiro, 29, of Hidden Springville, CA, died of wounds suf- SPC Ricardo Cerros Jr., 24, of Sali- Valley Lake, CA, died October 21 in fered when enemy forces attacked his nas, CA, died October 8 in Logar Prov- Tallil, Iraq. Private First Class Shapiro unit with an improvised explosive de- ince, Afghanistan, of wounds suffered was assigned to the 3rd Battalion, 8th vice September 8 in Kandahar, Afghan- when insurgents attacked his unit Cavalry Regiment, 3rd Advise and As- istan. Specialist Jeffries was assigned using small arms fire. Specialist Cerros sist Brigade, 1st Cavalry Division, Fort to the 2nd Battalion, 87th Infantry was assigned to the 2nd Battalion, 75th Hood, TX. Regiment, 3rd Brigade Combat Team, Ranger Regiment, Joint Base Lewis- f 10th Mountain Division, Fort Drum, McChord, WA. NY. CW3 James B. Wilke, 38, of Ione, CA MILITARY FAMILY MONTH 2011 SSG Daniel A. Quintana, 30, of Hun- died October 10, in Doha, Qatar. Chief Mrs. BOXER. Mr. President, I rise tington Park, CA, died September 10 in Warrant Officer Wilke was assigned to today to ask my colleagues to join me Paktika Province, Afghanistan, of the 2nd Battalion, 43rd Air Defense Ar- in paying tribute to the men and wounds suffered when insurgents at- tillery Regiment, 11th Air Defense Ar- women of our Armed Forces and their tacked his unit using small arms fire. tillery Brigade, 32nd Army Air and families during Military Family Month Staff Sergeant Quintana was assigned Missile Defense Command, Fort Bliss, 2011. to the 2nd Battalion, 28th Infantry TX. Each November marks Military Fam- Regiment, 172nd Infantry Brigade, SFC Kristoffer B. Domeij, 29, of San ily Month. This is an important time Schweinfurt, Germany. Diego, CA, died October 22, in for Americans to recognize and honor Cpl Michael J. Dutcher, 22, of Ashe- Kandahar Province, Afghanistan, of the commitment and sacrifices of our ville, NC, died September 15 while con- wounds suffered when enemy forces at- extraordinary military families. ducting combat operations in Helmand tacked his unit with an improvised ex- And it is a time to express our grati- Province, Afghanistan. Corporal plosive device. Sergeant First Class tude. We know that when a service- Dutcher was assigned to 1st Battalion, Domeij was assigned to 2nd Battalion, member puts on a uniform, the entire 5th Marine Regiment, 1st Marine Divi- 75th Ranger Regiment, Joint Base family sacrifices for our country. Mili- sion, I Marine Expeditionary Force, Lewis-McChord, WA. tary families endure frequent moves, Camp Pendleton, CA. LCpl Jordan S. Bastean, 19, of Pekin, long separations, interruptions in ca- PFC Carlos A. Aparicio, 19, of San IL, died October 23 while conducting reers and education, and the anxiety Bernadino, CA, died September 23 in combat operations in Helmand Prov- that comes with having a loved one in Wardak, Province, Afghanistan, of in- ince, Afghanistan. Lance Corporal harm’s way. They face these unique juries suffered when insurgents at- Bastean was assigned to 3rd Battalion, challenges with grace and courage. tacked his unit using an improvised ex- 7th Marine Regiment, 1st Marine Divi- We also know that the security of plosive device. Private First Class sion, I Marine Expeditionary Force, our Nation and the readiness of our Aparicio was assigned to the 2nd Bat- Twentynine Palms, CA. military are inextricably linked to the talion, 4th Infantry Regiment, 4th Bri- LCpl Jason N. Barfield, 22, of strength of our military families. Not gade Combat Team, 10th Mountain Di- Ashford, AL, died October 24 while con- only do these families support our vision, Fort Polk, LA. ducting combat operations in Helmand brave men and women in uniform, they SGT Tyler N. Holtz, 22, of Dana Province, Afghanistan. Lance Corporal come together to support each other Point, CA, died September 24 in Barfield was assigned to 3rd Combat and generously dedicate their time to Wardak Province, Afghanistan, of Engineer Battalion, 1st Marine Divi- make a difference in their commu- wounds suffered when insurgents at- sion, I Marine Expeditionary Force, nities. tacked his unit using small arms fire. based at Marine Corps Air Ground As cochair of the Senate Military Sergeant Holtz was assigned to the 2nd Combat Center Twentynine Palms, CA. Family Caucus, I am deeply grateful to Battalion, 75th Ranger Regiment, SSgt Stephen J. Dunning, 31, of these incredible men, women and chil- Joint Base Lewis-McChord, WA. Milpitas, CA, died October 27 while dren for their strength and their sac- SPC Garrett A. Fant, 21, of American conducting combat operations in rifice. Their selfless service to their Canyon, CA, died September 26 in Helmand Province, Afghanistan. Staff communities and our Nation is an ex- Helmand Province, Afghanistan, of Sergeant Dunning was assigned to 9th ample for us all. wounds suffered when enemy forces at- Engineer Support Battalion, 3rd Ma- President Obama eloquently stated tacked his unit with an improvised ex- rine Logistics Group, III Marine Expe- in proclaiming Military Family Month plosive device. Specialist Fant was as- ditionary Force, Okinawa, Japan. 2011 that ‘‘With every step we take on

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7448 CONGRESSIONAL RECORD — SENATE November 15, 2011 American soil, we tread on ground The nonprofit organization provides mier service providers advocating for made safer for us through the invalu- essential skill development, career- the disabled, homeless, and unem- able sacrifices of our servicemembers building services, and work opportuni- ployed.∑ and their families.’’ ties to residents facing serious employ- f While we can never fully repay the ment barriers. This is an especially im- TRIBUTE TO ROBERT AND debt of gratitude we owe our military portant service they provide consid- MARGARET PATRICELLI families, we can do everything possible ering the continuing difficulties facing to lessen their burden and provide for many applicants in today’s job market. ∑ Mr. BLUMENTHAL. Mr. President, their needs. Despite high unemployment and a today I wish to commend Robert and I encourage all Americans to take struggling economy, Goodwill Indus- Margaret Patricelli, of Simsbury, CT, time this month and all year round to tries of New Mexico placed nearly 850 for their immense generosity and vi- recognize and honor our military fami- clients in public and private sector jobs sion in establishing an institute that lies for the countless contributions last year. Many of these clients face will promote and support important they make each and every day for our challenges with various disabilities, public service activities. great Nation. homelessness, drug addiction, and trau- Public policy and service have played f matic brain injuries, among other bar- a central role in the Patricelli’s ca- riers. And the impact of the organiza- reers and lives. Graduating from Wes- REMEMBERING CASEY RIBICOFF tion’s activities has been felt through- leyan in 1961 and Harvard Law in 1965, Mr. BLUMENTHAL. Mr. President, out the entire State. In 2010, Goodwill Bob was selected as one of 15 people for today I wish to recognize and honor the Industries served nearly 10,000 resi- the first White House Fellows Pro- life and legacy of Casey Ribicoff, an in- dents through 8 programs reaching all gram. His participation helped shape spiration, role model and friend to me 33 counties. That is a tenfold increase him as someone who understands the and so many others. from a decade ago. value of public policy and government Casey Ribicoff was a living legend. Much of its funding is derived service. Both he and Margaret are al- She and Abe shared a love that was through its retail stores, with 87 cents ways looking for ways to give back and heartfelt and moving, and obvious to of every dollar spent on programs and inspire others. all who knew them. She brought laugh- services. But last year alone, in addi- Their passion for giving back and ter and elegance to every friendship, tion to its retail sales, Goodwill Indus- helping others is what moved them to most especially to her partnership with tries of New Mexico salvaged nearly start the Robert and Margaret Abe. Together they traveled the world 1,700 tons of textiles, 188 tons of shoes, Patricelli Family Foundation to bring and country, making new friendships recycled 536 tons of cardboard and a tangible reality to programs and and visiting old ones, all the while cre- paper, and kept nearly 35 tons of used projects that serve the greater good. ating enough memories to last a life- electronics out of New Mexico landfills. What Bob and Margaret have done time. The environmental impact of Good- through their family’s foundation is in- Having served on the Abe Ribicoff will’s initiatives is making a positive spiring and moving—and will continue Senate staff, I can attest to their ex- difference as well. to serve the country, and the world, for traordinary partnership in public serv- The education and training programs generations to come. Their philan- ice, her deep caring for the people of provide intensified training to those in thropic and service activities have Connecticut, and her commitment to need at six training centers across the touched countless lives across the social justice. She regarded the Senate State. Their programs also help low-in- State, from the arts to science, hos- as a platform for advocacy and hard come seniors to market themselves and pitals to schools, and programs assist- work on behalf of Connecticut and the acquire skills to compete in today’s job ing low-income neighborhoods. public interest. She and Abe were truly market and place individuals in sub- In May of this year, the foundation a team. sidized jobs with a host agency with contributed substantially to Wesleyan Casey had an impressive energy and the goal of moving that employee into University, establishing the Patricelli strength. She was constantly involved a permanent position within the com- Center for Social Entrepreneurship. in good causes, leading to her appoint- munity. This center will support students seek- ment by Jimmy Carter to the board of Its Pathways programs assist the ing to establish programs and organiza- the Kennedy Center, a position she near homeless and chronically home- tions, providing workshops, speakers proudly held for 20 years. A founder of less in obtaining access to housing and and networking opportunities for stu- the AIDS Care Center at the New York the opportunity to begin a new life dents. It will help encourage and em- Presbyterian Hospital, Casey always through the power of work. Goodwill bolden students who are focused on be- found new ways to give back and help Industries’ GoodGuides Mentoring Pro- coming social entrepreneurs, as well as the community. gram pairs adults with at risk teens. award grants to undergraduate stu- As a personal friend, which she was Mentors provide structure and a sup- dents engaged in specific projects. The to Cynthia and me, she was endlessly portive relationship with middle and foundation’s most recent contribution loyal and generous, and she leaves a high school-aged students. Goodwill to Wesleyan is one more example of legacy of good work that will be re- volunteers work with teens to establish great caring and commitment that lead membered for decades to come. Casey goals, build career plans, and work to- me to recognize Bob and Margaret for was kind, generous and loving. She will ward high school graduation to prepare all that they have done for our State live on in the friendships and family for postsecondary training or college. and country. that she cherished. She will be sorely Traumatic brain injuries often leave A role model and inspiration to all missed but never forgotten. patients confused and bewildered, who value public service, I commend struggling with simple day-to-day f and thank Bob and Margaret Patricelli tasks. The caring staff in the TBI case for their legacy of great work for Con- ADDITIONAL STATEMENTS management program assisted over 500 necticut and the country.∑ clients in crisis last year from immi- f nent risk to their safety and health. I GOODWILL INDUSTRIES OF NEW was also pleased to announce in July TRIBUTE TO JONATHAN M. MEXICO that this highly respected organization TOPODAS ∑ Mr. BINGAMAN. Mr. President, received over a $1⁄2 million grant from ∑ Mr. LIEBERMAN. Mr. President, I today I wish to recognize the 70th anni- the VA to prevent homelessness among wish today to pay tribute to Jonathan versary of Goodwill Industries of New New Mexican veterans and their fami- M. Topodas, who will be retiring this Mexico. Working in New Mexico com- lies. month after a spectacular 38-year-ca- munities since 1941, the organization Mr. President, I join Goodwill Indus- reer with Aetna, one of Connecticut’s has helped find work and provided tries of New Mexico in celebrating its leading corporate citizens. training and development for countless 70th anniversary, and I congratulate Jonathan joined Aetna’s law depart- needy New Mexicans. them on being one of my State’s pre- ment after graduating from Southern

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7449 Methodist University Law School in and teammates, the team admirably Battalion, said to Marv in 1966. And 1974. Throughout his tenure with the transformed that defeat into an inde- this is a direct quote: company, he has provided sound legal fatigable drive to seize the gold ball. You have performed your duties as Platoon advice to many of the firm’s clients. From that point forward, the team Corpsman in an outstanding manner . . . More recently, Jonathan joined demonstrated an awe-inspiring, un- Your potential was more fully exploited as Aetna’s Federal relations team, where matched fortitude and tenacity that you participated in eight major operations he currently serves as the vice presi- propelled them to victory after victory. and numerous small unit activities. On Oper- dent and counsel responsible for Fed- As senior Liz Hintz stated in a Bangor ation Mallard’ the company sustained 13 cas- ualties from Viet Cong small arms and mor- eral health legislative and regulatory Daily News article, We took every tar fire. Without hesitation, you moved matters. In this position, Jonathan has game seriously. We knew we couldnt through the area administering aid and com- been an important voice in debates afford to let down for even ten minutes forting those in need of your assistance . . . about critical health care issues, such because we knew it could cost us. That Your performance on Operation Mallard’ is as Medicare and patient safety. undeterred, laser beam focus was re- indicative of the consistently fine work you In addition to his work with Aetna, flected in their statistics as well. In have been doing. Your eagerness to serve, Jonathan also earned a congressional the regular season alone, the team in- unswerving loyalty and professional ability fellowship through the Brookings Insti- credibly outscored their opponents 98– have earned you the respect and confidence of all who have been associated with you. It tution in 1979. Through this program, 8, and in the postseason, an even more is indeed a pleasure to have men of your cal- he worked as a counsel for the Senate impressive 18–0. iber in my command and I highly commend Judiciary Committee. He also serves on The teams unwavering motivation you for a job well done. the board of directors of the American led them all the way to their second On April 21, 1966, Marv was wounded Benefits Council, and has worked to- consecutive championship game where, in combat during ‘‘Operation Hot gether with respected business organi- in a rematch of the previous years title Springs.’’ For his sacrifice, he received zations such as the U.S. Chamber of contest, they again confronted the a Purple Heart. Commerce and the National Associa- reigning champion. Undaunted, the Marv got the medal. But his Purple tion of Manufacturers. team played with the unflagging pas- Heart was never recorded in his official Jonathan’s wife Elaine, an accom- sion and willpower that had become its records. The Navy said it was the Ma- plished dancer and teacher, shares his hallmark characteristic, working tire- rines’ job. The Marines said it was the commitment to community service. lessly on both offense and defense and Navy’s job. Elaine is affiliated with several com- never relenting to a challenge. That ir- Decades later, Marv Brewster munity groups and theaters as a cho- reversible tide of momentum as the op- reached out to my office to fix his reographer and director. She is pas- posing coach called it carried Bangor record once and for all so he could ac- sionate about her work, so much so to a convincing 4–0 victory and its first cess the health benefits he earned as he that she returns to Connecticut during Class A Championship. faces another tough challenge: cancer, the summer to work with local dance The legendary Mia Hamm once as- related to Agent Orange exposure in troupes in a variety of settings. I tutely observed, The backbone of suc- Vietnam. thank Elaine for her contributions to cess is usually found in old-fashioned, Yesterday, it was my honor to Connecticut’s vibrant artistic culture. basic concepts like hard work, deter- present Marv with the Purple Heart In his off-work hours, Jonathan en- mination, good planning and persever- Award Certificate he should have re- joys spending time with his three chil- ance. If any team epitomizes that be- ceived nearly 50 years ago, and with it dren and two grandchildren. He also lief, its the Bangor Girls Soccer Team, a corrected ‘‘DD 215’’ discharge form. loves to explore his deep Greek herit- which overcame the heart-wrenching History shows us that Marv is an age. Jonathan’s ancestors made their loss of last year to become the best honored recipient of the Purple Heart, living as divers in the Aegean Sea, and team in Class A soccer this year. and all the benefits that come with it. Jonathan is known to regale his friends Again, I congratulate and commend In researching Marv’s records, we and colleagues with fascinating anec- the Bangor High School Girls Soccer learned that Marv never received sev- dotes about Greek history and culture, Team on their well-deserved victory as eral other decorations he earned years such as the history of the Hippocratic well as their extraordinary efforts. ago. Yesterday, I also had the honor of Oath. What a wonderful success story they presenting to Marv, the Navy Good I wish Jonathan Topodas, and his are for Bangor and our great State of Conduct Medal, and the National De- family, nothing but the best as he gets Maine!∑ fense Service Medal. It was also my ready to begin a well-deserved retire- f honor to present the Vietnam Service ment.∑ TRIBUTE TO MARVIN BREWSTER Medal with three Bronze Stars, and the f ∑ Mr. TESTER. Mr. President, today I Presidential Unit Citation Ribbon. Yes- BANGOR HIGH SCHOOL’S GIRLS honor Marvin Brewster, a veteran of terday I also presented to Marv the SOCCER TEAM the Vietnam war. And a familiar volun- Combat Action Ribbon and the Viet- ∑ Ms. SNOWE. Mr. President, today I teer in the community of Great Falls, nam Campaign Medal with 1960 Device. extend my most heartfelt congratula- MT. For years, Marv has been very ac- These decorations are small tokens, tions to the Bangor High School Girls tive in Toys for Tots, and the Marine but they are powerful symbols of true Soccer Team, which on November 5, Corps League, and the Great Falls heroism—sacrifice and dedication to 2011, clinched the programs first-ever Farmers Market. service. Maine Class A State Championship, Marv Brewster is also an artist. He These medals are presented on behalf and in doing so achieved the remark- sculpted the 13-foot angel that graces of a grateful nation that wishes you able feat of a perfect season! I applaud the Montana Veterans’ Memorial. Any- and your family, Marv, the very best in ∑ Coach Johnson and each and every one who has visited that memorial has the future. member of the team on their milestone no doubt been uplifted by the power f accomplishment! and comfort of Marv’s statue. MESSAGES FROM THE PRESIDENT Indeed, the story of the Bangor Girls Through all of his work in this com- Soccer Team is truly inspiring, charac- munity, Marv never asked for recogni- Messages from the President of the terized by an extraordinary strength of tion. He just did as all Marines do—the United States were communicated to character and conviction that could very best he could on behalf of his fel- the Senate by Mr. Pate, one of his sec- not be more emblematic of our great low citizens. retaries. State of Maine. The team embarked Forty-six years ago, Marv joined the f upon this season imbued with the dis- Navy. He served with M Company, 3rd tinct recollection of its heartbreaking Battalion, 7th Marines as a combat EXECUTIVE MESSAGES REFERRED loss in last years championship match, corpsman in Vietnam. As in executive session the Presiding but under the steadfast leadership of 12 I would like to read what COL C.H. Officer laid before the Senate messages seniors who have been lifelong friends Bodley, the commander of the 3rd from the President of the United

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7450 CONGRESSIONAL RECORD — SENATE November 15, 2011 States submitting sundry nominations accompanying papers, reports, and doc- ceived in the Office of the President of the which were referred to the appropriate uments, and were referred as indicated: Senate on November 9, 2011; to the Com- mittee on Environment and Public Works. committees. EC–3917. A communication from the Con- EC–3925. A communication from the Direc- (The nominations received today are gressional Review Coordinator, Animal and tor of the Regulatory Management Division, Plant Health Inspection Service, Department printed at the end of the Senate pro- Environmental Protection Agency, transmit- of Agriculture, transmitting, pursuant to ceedings.) ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘Importa- f titled ‘‘Approval and Promulgation of Imple- tion of French Beans and Runner Beans mentation Plans; Texas; Revisions to the From the Republic of Kenya Into the United MESSAGES FROM THE HOUSE New Source Review (NSR) State Implemen- State’’ ((RIN0579–AD39)(Docket No. APHIS– At 4:22 p.m., a message from the tation Plan (SIP); Permit Renewals’’ (FRL 2010–0101)) received in the Office of the Presi- House of Representatives, delivered by No. 9489–9) received in the Office of the Presi- dent of the Senate on November 9, 2011; to dent of the Senate on November 9, 2011; to Mrs. Cole, one of its reading clerks, an- the Committee on Agriculture, Nutrition, the Committee on Environment and Public nounced that the House has passed the and Forestry. following bill, without amendment: Works. EC–3918. A communication from the Gen- EC–3926. A communication from the Direc- S. 1412. An act to designate the facility of eral Counsel of the National Credit Union tor of the Regulatory Management Division, the United States Postal Service located at Administration, transmitting, pursuant to Environmental Protection Agency, transmit- 462 Washington Street, Woburn, Massachu- law, the report of a rule entitled ‘‘Remit- ting, pursuant to law, the report of a rule en- setts, as the ‘‘Officer John Maguire Post Of- tance Transfers‘‘ (RIN3133–AD94) received in titled ‘‘Approval and Promulgation of Imple- fice’’. the Office of the President of the Senate on mentation Plans and Designations of Areas The message also announced that the November 9, 2011; to the Committee on Bank- for Air Quality Planning Purposes; Char- House has passed the following bills, in ing, Housing, and Urban Affairs. lotte–Gastonia–Rock Hill, North Carolina which it requests the concurrence of EC–3919. A communication from the Assist- and South Carolina; Determinations of At- ant to the Board of Governors of the Federal the Senate: tainment of the 1997 8–Hour Ozone Standard’’ Reserve System, transmitting, pursuant to (FRL No. 9490–5) received in the Office of the H.R. 298. An act to designate the facility of law, the report of a rule entitled ‘‘Regula- the United States Postal Service located at President of the Senate on November 9, 2011; tions G, O, W, BB, LL, MM, Rules Regarding to the Committee on Environment and Pub- 500 East Whitestone Boulevard in Cedar Availability of Information, Rules of Proce- Park, Texas, as the ‘‘Army Specialist Mat- lic Works. dure, Rules of Practice for Hearings, and EC–3927. A communication from the Direc- thew Troy Morris Post Office Building’’. Post-employment Restrictions for Senior H.R. 588. An act to redesignate the tor of the Regulatory Management Division, Examiners’’ (RIN7100–AD80) received in the Environmental Protection Agency, transmit- Noxubee National Wildlife Refuge as the Office of the President of the Senate on No- Sam D. Hamilton Noxubee National Wildlife ting, pursuant to law, the report of a rule en- vember 9, 2011; to the Committee on Bank- titled ‘‘Approval and Promulgation of Imple- Refuge. ing, Housing, and Urban Affairs. H.R. 2422. An act to designate the facility mentation Plans; Reasonably Available Con- EC–3920. A communication from the Direc- of the United States Postal Service located trol Technology for Oxides of Nitrogen for a tor of the Regulatory Management Division, at 45 Bay Street, Suite 2, in Staten Island, Specific Source in the State of New Jersey’’ Environmental Protection Agency, transmit- New York, as the ‘‘Sergeant Angel Mendez (FRL No. 9486–1) received in the Office of the ting, pursuant to law, the report of a rule en- Post Office’’. President of the Senate on November 9, 2011; titled ‘‘Air Quality Designations for the 2008 to the Committee on Environment and Pub- ENROLLED BILL SIGNED Lead (Pb) National Ambient Air Quality lic Works. At 5:30 p.m., a message from the Standards’’ (FRL No. 9492–3) received in the EC–3928. A communication from the Direc- House of Representatives, delivered by Office of the President of the Senate on No- tor of the Regulatory Management Division, Mr. Novotny, one of its reading clerks, vember 9, 2011; to the Committee on Environ- Environmental Protection Agency, transmit- announced that the Speaker has signed ment and Public Works. ting, pursuant to law, the report of a rule en- the following enrolled bill: EC–3921. A communication from the Direc- titled ‘‘Approval and Promulgation of Air tor of the Regulatory Management Division, H.R. 398. An act to amend the Immigration Quality Implementation Plans; Indiana; Re- Environmental Protection Agency, transmit- designation of the Indianapolis Area to At- and Nationality Act to toll, during active- ting, pursuant to law, the report of a rule en- duty service abroad in the Armed Forces, the tainment of the 1997 Annual Standard for titled ‘‘Revisions to the California State Im- Fine Particulate Matter’’ (FRL No. 9489–6) periods of time to file a petition and appear plementation Plan, Placer County Air Pollu- for an interview to remove the conditional received in the Office of the President of the tion Control District and Sacramento Metro- Senate on November 9, 2011; to the Com- basis for permanent resident status, and for politan Air Quality Management District’’ other purposes. mittee on Environment and Public Works. (FRL No. 9492–2) received in the Office of the EC–3929. A communication from the Direc- The enrolled bill was subsequently President of the Senate on November 9, 2011; tor of the Regulatory Management Division, signed by the President pro tempore to the Committee on Environment and Pub- Environmental Protection Agency, transmit- (Mr. INOUYE). lic Works. ting, pursuant to law, the report of a rule en- f EC–3922. A communication from the Direc- titled ‘‘National Emission Standards for Haz- tor of the Regulatory Management Division, ardous Air Pollutant Emissions for Primary MEASURES REFERRED Environmental Protection Agency, transmit- Lead Processing’’ (FRL No. 9491–2) received The following bills were read the first ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate and the second times by unanimous titled ‘‘Revisions to the California State Im- on November 9, 2011; to the Committee on plementation Plan, San Joaquin Valley Uni- consent, and referred as indicated: Environment and Public Works. fied Air Pollution Control District’’ (FRL EC–3930. A communication from the Man- H.R. 298. An act to designate the facility of No. 9490–1) received in the Office of the Presi- agement and Program Analyst, Forest Serv- the United States Postal Service located at dent of the Senate on November 9, 2011; to ice, Department of Agriculture, transmit- 500 East Whitestone Boulevard in Cedar the Committee on Environment and Public ting, pursuant to law, the report of a rule en- Park, Texas, as the ‘‘Army Specialist Mat- Works. titled ‘‘Community Forest and Open Space thew Troy Morris Post Office Building’’; to EC–3923. A communication from the Direc- Conservation Program’’ (RIN0596–AC84) re- the Committee on Homeland Security and tor of the Regulatory Management Division, ceived in the Office of the President of the Governmental Affairs. Environmental Protection Agency, transmit- H.R. 588. An act to redesignate the Senate on November 10, 2011; to the Com- ting, pursuant to law, the report of a rule en- mittee on Agriculture, Nutrition, and For- Noxubee National Wildlife Refuge as the titled ‘‘National Emission Standards for Haz- Sam D. Hamilton Noxubee National Wildlife estry. ardous Air Pollutant Emissions for Ship- EC–3931. A communication from the Man- Refuge; to the Committee on Environment building and Ship Repair (Surface Coating); agement and Program Analyst, Forest Serv- and Public Works. National Emission Standards for Wood Fur- H.R. 2422. An act to designate the facility ice, Department of Agriculture, transmit- niture Manufacturing Operations’’ (FRL No. of the United States Postal Service located ting, pursuant to law, the report of a rule en- 9491–4) received in the Office of the President at 45 Bay Street, Suite 2, in Staten Island, titled ‘‘Prohibitions–Developed Recreation of the Senate on November 9, 2011; to the New York, as the ‘‘Sergeant Angel Mendez Sites’’ (RIN0596–AC98) received in the Office Committee on Environment and Public Post Office’’; to the Committee on Homeland of the President of the Senate on November Works. Security and Governmental Affairs. 10, 2011; to the Committee on Agriculture, EC–3924. A communication from the Direc- Nutrition, and Forestry. f tor of the Regulatory Management Division, EC–3932. A communication from the Chief EXECUTIVE AND OTHER Environmental Protection Agency, transmit- of Planning and Regulatory Affairs, Food COMMUNICATIONS ting, pursuant to law, the report of a rule en- and Nutrition Services, Department of Agri- titled ‘‘Revisions to the California State Im- culture, transmitting, pursuant to law, the The following communications were plementation Plan, South Coast Air Quality report of a rule entitled ‘‘Applying for Free laid before the Senate, together with Management District’’ (FRL No. 9489–2) re- and Reduced Price Meals in the National

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7451 School Lunch Program and School Breakfast Handling of Retaliation Complaints Under By Mr. LIEBERMAN, from the Committee Program and for Benefits in the Special Milk Section 806 of the Sarbanes–Oxley Act of on Homeland Security and Governmental Af- Program, and Technical Amendments’’ 2002, as Amended’’ (RIN1218–AC53) received fairs, with an amendment: (RIN0584–AD54) received in the Office of the in the Office of the President of the Senate H.R. 1059. A bill to protect the safety of President of the Senate on November 10, on November 9, 2011; to the Committee on judges by extending the authority of the Ju- 2011; to the Committee on Agriculture, Nu- Health, Education, Labor, and Pensions. dicial Conference to redact sensitive infor- trition, and Forestry. EC–3942. A communication from the Chief mation contained in their financial disclo- EC–3933. A communication from the Assist- Counsel, Federal Emergency Management sure reports, and for other purposes. ant to the Board of Governors of the Federal Agency, Department of Homeland Security, By Mr. LEVIN, from the Committee on Reserve System, transmitting, pursuant to transmitting, pursuant to law, the report of Armed Services, without amendment: law, the report of a rule entitled ‘‘Resolution a rule entitled ‘‘Changes in Flood Elevation S. 1867. An original bill to authorize appro- Plans Required’’ (RIN7100–AD73; RIN3064– Determinations’’ ((44 CFR Part 65)(Docket priations for fiscal year 2012 for military ac- AD77) received in the Office of the President No. FEMA–2011–0002)) received in the Office tivities of the Department of Defense, for of the Senate on November 10, 2011; to the of the President of the Senate on November military construction, and for defense activi- Committee on Banking, Housing, and Urban 10, 2011; to the Committee on Homeland Se- ties of the Department of Energy, to pre- Affairs. curity and Governmental Affairs. scribe military personnel strengths for such EC–3934. A communication from the Dep- EC–3943. A communication from the Chief fiscal year, and for other purposes. uty to the Chairman for External Affairs, Counsel, Federal Emergency Management f Federal Deposit Insurance Corporation, Agency, Department of Homeland Security, INTRODUCTION OF BILLS AND transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of a rule entitled ‘‘Transfer and Redesignation a rule entitled ‘‘Changes in Flood Elevation JOINT RESOLUTIONS of Certain Regulations Involving State Sav- Determinations’’ ((44 CFR Part 65)(Docket The following bills and joint resolu- ings Associations Pursuant to the Dodd– No. FEMA–2011–0002)) received in the Office tions were introduced, read the first Frank Wall Street Reform and Consumer of the President of the Senate on November and second times by unanimous con- Protection Act of 2010’’ (RIN3064–AD82) re- 9, 2011; to the Committee on Homeland Secu- sent, and referred as indicated: ceived in the Office of the President of the rity and Governmental Affairs. Senate on November 10, 2011; to the Com- EC–3944. A communication from the Chair- By Mr. BLUMENTHAL: S. 1861. A bill to provide subsidized employ- mittee on Banking, Housing, and Urban Af- man, Merit Systems Protection Board, ment for unemployed, low-income adults, fairs. transmitting, pursuant to law, a report enti- provide summer employment and year-round EC–3935. A communication from the Sec- tled ‘‘Telework: Weighing the Information, employment opportunities for low-income retary, Office of Regulatory Policy, Securi- Determining an Appropriate Approach’’; to youth, and carry out work-related and edu- ties and Exchange Commission, transmit- the Committee on Homeland Security and cational strategies and activities of dem- ting, pursuant to law, the report of a rule en- Governmental Affairs. onstrated effectiveness, and for other pur- titled ‘‘Rescission of Outdated Rules and EC–3945. A communication from the Sec- poses; to the Committee on Health, Edu- Forms, and Amendments to Correct Ref- retary of the Senate, transmitting, pursuant cation, Labor, and Pensions. erences’’ (Release Nos. 33–9273, 34–65686, 39– to law, the report of the receipts and expend- By Mr. LAUTENBERG (for himself, 2480, IA–3310 and IC–29855) received in the Of- itures of the Senate for the period from April Ms. SNOWE, Mr. KERRY, Mr. JOHNSON fice of the President of the Senate on No- 1, 2011 through September 30, 2011, received of South Dakota, Mrs. HAGAN, and vember 9, 2011; to the Committee on Bank- in the Office of the President of the Senate Mr. MENENDEZ): ing, Housing, and Urban Affairs. on November 14, 2011; ordered to lie on the S. 1862. A bill to amend the Public Health EC–3936. A communication from the Direc- table. Service Act to improve the health of chil- tor of Congressional Affairs, Nuclear Regu- EC–3946. A communication from the Con- dren and reduce the occurrence of sudden un- latory Commission, transmitting, pursuant gressional Review Coordinator, Animal and expected infant death and to enhance public to law, the report of a rule entitled ‘‘Regu- Plant Health Inspection Service, Department health activities related to stillbirth; to the latory Changes to Implement the United of Agriculture, transmitting, pursuant to Committee on Health, Education, Labor, and States/Australian Agreement for Peaceful law, the report of a rule entitled ‘‘Importa- Pensions. Nuclear Cooperation’’ received in the Office tion of Live Swine, Swine Semen, Pork, and By Mr. MENENDEZ (for himself, Mr. of the President of the Senate on November Pork Products From Lichtenstein and Swit- REID, Mr. BURR, and Mr. CHAMBLISS): 10, 2011; to the Committee on Energy and zerland’’ (Docket No. APHIS–2009–0093) re- S. 1863. A bill to amend the Internal Rev- Natural Resources. ceived in the Office of the President of the enue Code of 1986 to encourage alternative EC–3937. A communication from the Sec- Senate on November 14, 2011; to the Com- energy investments and job creation; to the retary of Health and Human Services, trans- mittee on Agriculture, Nutrition, and For- Committee on Finance. mitting, pursuant to law, a report entitled estry. By Mr. VITTER: ‘‘National Coverage Determinations’’; to the EC–3947. A communication from the Acting S. 1864. A bill to extend the National Flood Committee on Finance. Administrator of the Fruit and Vegetable Insurance Program until September 30, 2012; EC–3938. A communication from the Assist- Programs, Agricultural Marketing Service, to the Committee on Banking, Housing, and ant Secretary, Bureau of Legislative Affairs, Department of Agriculture, transmitting, Urban Affairs. Department of State, transmitting, pursuant pursuant to law, the report of a rule entitled By Mr. FRANKEN (for himself, Mr. AL- to the Arms Export Control Act, the certifi- ‘‘Walnuts Grown in California; Increased As- EXANDER, Mr. KERRY, and Mrs. cation of a proposed amendment to a tech- sessment Rate’’ (Docket No. AMS–FV–11– HAGAN): nical assistance agreement to include the ex- 0062; FV11–984–1 FR) received in the Office of S. 1865. A bill to improve patient access to port of defense articles, including, technical the President of the Senate on November 14, medical innovation; to the Committee on data, and defense services to Turkey to sup- 2011; to the Committee on Agriculture, Nu- Health, Education, Labor, and Pensions. port the manufacture of X200 Transmissions, trition, and Forestry. By Mr. COONS (for himself and Mr. Parts, Components and Accessories in the EC–3948. A communication from the Acting RUBIO): amount of $100,000,000 or more; to the Com- Administrator of the Fruit and Vegetable S. 1866. A bill to provide incentives for eco- mittee on Foreign Relations. Programs, Agricultural Marketing Service, nomic growth, and for other purposes; to the EC–3939. A communication from the Assist- Department of Agriculture, transmitting, Committee on Finance. ant Secretary, Office of Legislative Affairs, pursuant to law, the report of a rule entitled By Mr. LEVIN: Department of State, transmitting, pursuant ‘‘Onions Grown in Certain Designated Coun- S. 1867. An original bill to authorize appro- to law, the report of a rule entitled ‘‘Visas: ties in Idaho, and Malheur County, Oregon; priations for fiscal year 2012 for military ac- Documentation of Immigrants Under the Im- Modification of Handling Regulation’’ (Dock- tivities of the Department of Defense, for migration and Nationality Act, as Amended’’ et No. AMS–FV–11–0025; FV11–958–1 FR) re- military construction, and for defense activi- (RIN1400–AC86) received in the Office of the ceived in the Office of the President of the ties of the Department of Energy, to pre- President of the Senate on November 10, Senate on November 14, 2011; to the Com- scribe military personnel strengths for such 2011; to the Committee on Foreign Relations. mittee on Agriculture, Nutrition, and For- fiscal year, and for other purposes; from the EC–3940. A communication from the Assist- estry. Committee on Armed Services; placed on the ant Secretary, Bureau of Legislative Affairs, calendar. Department of State, transmitting, pursuant f By Mr. MENENDEZ (for himself, Mr. to law, a report relative to a proposed REPORTS OF COMMITTEES REID, Mr. RUBIO, Mrs. GILLIBRAND, amendments to part 126 of the International Mr. SCHUMER, Mr. CASEY, Mr. AKAKA, The following reports of committees Traffic in Arms Regulations (ITAR); to the Mrs. HAGAN, and Mr. UDALL of New Committee on Foreign Relations. were submitted: Mexico): EC–3941. A communication from the Direc- By Mrs. BOXER, from the Committee on S. 1868. A bill to establish within the tor, Directorate of Enforcement Programs, Environment and Public Works, with an Smithsonian Institution the Smithsonian Occupational Safety and Health Administra- amendment: American Latino Museum, and for other pur- tion, transmitting, pursuant to law, the re- S. 899. A bill to provide for the eradication poses; to the Committee on Rules and Ad- port of a rule entitled ‘‘Procedures for the and control of nutria (Rept. No. 112–94). ministration.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7452 CONGRESSIONAL RECORD — SENATE November 15, 2011 By Mr. DEMINT: (Ms. CANTWELL) was added as a cospon- of S. 1214, a bill to amend title 10, S. 1869. A bill to terminate the Economic sor of S. 296, a bill to amend the Fed- United States Code, regarding restric- Development Administration, and for other eral Food, Drug, and Cosmetic Act to tions on the use of Department of De- purposes; to the Committee on Environment and Public Works. provide the Food and Drug Administra- fense funds and facilities for abortions. By Mr. BOOZMAN: tion with improved capacity to prevent S. 1249 S. 1870. A bill to authorize the Adminis- drug shortages. At the request of Mr. UDALL of Colo- trator of General Services to convey a parcel S. 299 rado, the names of the Senator from of real property in the District of Columbia At the request of Mr. PAUL, the name Missouri (Mrs. MCCASKILL) and the to provide for the establishment of a Na- Senator from Alaska (Mr. BEGICH) were tional Women’s History Museum and direct of the Senator from Arizona (Mr. MCCAIN) was added as a cosponsor of S. added as cosponsors of S. 1249, a bill to the Administrator of General Services to amend the Pittman-Robertson Wildlife transfer administrative jurisdiction, cus- 299, a bill to amend chapter 8 of title 5, tody, and control of the building located at United States Code, to provide that Restoration Act to facilitate the estab- 600 Pennsylvania Avenue, NW, in the Dis- major rules of the executive branch lishment of additional or expanded trict of Columbia, to the National Gallery of shall have no force or effect unless a public target ranges in certain States. Art, and for other purposes; to the Com- joint resolution of approval is enacted S. 1277 mittee on Environment and Public Works. into law. At the request of Ms. CANTWELL, the By Mr. BROWN of Massachusetts (for name of the Senator from South Da- S. 362 himself and Mr. RUBIO): kota (Mr. JOHNSON) was added as a co- S. 1871. A bill to prohibit commodities and At the request of Mr. WHITEHOUSE, securities trading based on nonpublic infor- sponsor of S. 1277, a bill to amend the the name of the Senator from Arkansas Internal Revenue Code of 1986 to mod- mation relating to Congress, to require addi- (Mr. BOOZMAN) was added as a cospon- tional reporting by Members and employees ify the incentives for the production of of Congress of securities transactions, and sor of S. 362, a bill to amend the Public biodiesel. Health Service Act to provide for a for other purposes; to the Committee on S. 1440 Pancreatic Cancer Initiative, and for Homeland Security and Governmental Af- At the request of Mr. ALEXANDER, the fairs. other purposes. name of the Senator from Maine (Ms. By Mr. CASEY (for himself and Mr. S. 431 SNOWE) was added as a cosponsor of S. BURR): At the request of Mr. PRYOR, the S. 1872. A bill to amend the Internal Rev- 1440, a bill to reduce preterm labor and enue Code of 1986 to provide for the tax name of the Senator from Vermont delivery and the risk of pregnancy-re- treatment of ABLE accounts established (Mr. SANDERS) was added as a cospon- lated deaths and complications due to under State programs for the care of family sor of S. 431, a bill to require the Sec- pregnancy, and to reduce infant mor- members with disabilities, and for other pur- retary of the Treasury to mint coins in tality caused by prematurity. poses; to the Committee on Finance. commemoration of the 225th anniver- S. 1541 By Mr. LUGAR: sary of the establishment of the Na- S. 1873. A bill to amend the Internal Rev- At the request of Mr. BENNET, the enue Code of 1986 to extend for 1 year the al- tion’s first Federal law enforcement name of the Senator from Vermont lowance for bonus depreciation and the in- agency, the United States Marshals (Mr. SANDERS) was added as a cospon- creased expensing limitations for depreciable Service. sor of S. 1541, a bill to revise the Fed- business assets; to the Committee on Fi- S. 641 eral charter for the Blue Star Mothers nance. At the request of Mr. DURBIN, the of America, Inc. to reflect a change in By Mr. MERKLEY (for himself, Ms. name of the Senator from Maryland eligibility requirements for member- LANDRIEU, and Ms. SNOWE): S. 1874. A bill to require the timely identi- (Ms. MIKULSKI) was added as a cospon- ship. fication of qualified census tracts for pur- sor of S. 641, a bill to provide 100,000,000 S. 1593 poses of the HUBZone program, and for other people with first-time access to safe At the request of Mrs. GILLIBRAND, purposes; to the Committee on Banking, drinking water and sanitation on a sus- the name of the Senator from New Housing, and Urban Affairs. tainable basis within six years by im- Mexico (Mr. UDALL) was added as a co- By Mr. LEE (for himself and Mr. proving the capacity of the United sponsor of S. 1593, a bill to amend the RUBIO): Food and Nutrition Act of 2008 to re- S. 1875. A bill to reauthorize the Inter- States Government to fully implement national Religious Freedom Act of 1998; to the Senator Paul Simon Water for the quire State electronic benefit transfer the Committee on Foreign Relations. Poor Act of 2005. contracts to treat wireless program retail food stores in the same manner as f S. 1048 At the request of Mr. MENENDEZ, the wired program retail food stores. SUBMISSION OF CONCURRENT AND name of the Senator from California S. 1597 SENATE RESOLUTIONS (Mrs. BOXER) was added as a cosponsor At the request of Mr. BROWN of Ohio, The following concurrent resolutions of S. 1048, a bill to expand sanctions the name of the Senator from Mary- and Senate resolutions were read, and imposed with respect to the Islamic land (Ms. MIKULSKI) was added as a co- referred (or acted upon), as indicated: Republic of Iran, North Korea, and sponsor of S. 1597, a bill to provide as- By Mr. HATCH (for himself, Mr. REID, Syria, and for other purposes. sistance for the modernization, renova- Mr. CRAPO, Mr. HELLER, Mr. LEE, and tion, and repair of elementary school S. 1106 Mr. UDALL of New Mexico): and secondary school buildings in pub- S. Res. 323. A resolution recognizing the At the request of Mr. KOHL, the lic school districts and community col- 75th Anniversary of the Welfare Program of names of the Senator from Minnesota leges across the United States in order The Church of Jesus Christ of Latter-day (Ms. KLOBUCHAR) and the Senator from to support the achievement of im- Saints and the significant impact of the Wel- Florida (Mr. NELSON) were added as co- fare Program in the United States and proved educational outcomes in those sponsors of S. 1106, a bill to authorize schools, and for other purposes. throughout the world in helping people in Department of Defense support for pro- S. 1651 need; considered and agreed to. grams on pro bono legal assistance for f At the request of Mr. SESSIONS, the members of the Armed Forces. name of the Senator from Arkansas ADDITIONAL COSPONSORS S. 1173 (Mr. BOOZMAN) was added as a cospon- S. 276 At the request of Mr. WYDEN, the sor of S. 1651, a bill to provide for At the request of Mr. BENNET, the name of the Senator from Oregon (Mr. greater transparency and honesty in name of the Senator from Missouri MERKLEY) was added as a cosponsor of the Federal budget process. (Mrs. MCCASKILL) was added as a co- S. 1173, a bill to amend title XVIII of S. 1670 sponsor of S. 276, a bill to amend the the Social Security Act to modernize At the request of Mr. REID, his name National Trails System Act to provide payments for ambulatory surgical cen- was added as a cosponsor of S. 1670, a for the study of the Pike National His- ters under the Medicare program. bill to eliminate racial profiling by law toric Trail. S. 1214 enforcement, and for other purposes. S. 296 At the request of Mrs. GILLIBRAND, S. 1676 At the request of Ms. KLOBUCHAR, the the name of the Senator from Oregon At the request of Mr. THUNE, the name of the Senator from Washington (Mr. WYDEN) was added as a cosponsor name of the Senator from Alabama

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7453 (Mr. SHELBY) was added as a cosponsor S. RES. 320 There being no objection, the text of of S. 1676, a bill to amend the Internal At the request of Ms. SNOWE, the the bill was ordered to be printed in Revenue Code of 1986 to provide for tax- names of the Senator from South Da- the RECORD, as follows: payers making donations with their re- kota (Mr. THUNE), the Senator from S. 1870 turns of income tax to the Federal Ohio (Mr. PORTMAN) and the Senator Be it enacted by the Senate and House of Rep- Government to pay down the public from Idaho (Mr. CRAPO) were added as resentatives of the United States of America in debt. cosponsors of S. Res. 320, a resolution Congress assembled, S. 1679 designating November 26, 2011, as SECTION 1. SHORT TITLE. ‘‘Small Business Saturday’’ and sup- At the request of Mr. THUNE, the This Act may be cited as the ‘‘National porting efforts to increase awareness of name of the Senator from Connecticut Women’s History Museum and Federal Fa- the value of locally owned small busi- cilities Consolidation and Efficiency Act of (Mr. LIEBERMAN) was added as a co- nesses. 2011’’. sponsor of S. 1679, a bill to ensure effec- AMENDMENT NO. 934 tive control over the Congressional TITLE I—NATIONAL WOMEN’S HISTORY At the request of Mr. HATCH, the MUSEUM budget process. names of the Senator from Missouri SEC. 101. SHORT TITLE. S. 1776 (Mr. BLUNT), the Senator from Ken- This title may be cited as the ‘‘National At the request of Mr. CARDIN, the tucky (Mr. PAUL), the Senator from Women’s History Museum Act of 2011’’. name of the Senator from West Vir- Nebraska (Mr. JOHANNS) and the Sen- SEC. 102. DEFINITIONS. ginia (Mr. ROCKEFELLER) was added as ator from South Carolina (Mr. In this title, the following definitions a cosponsor of S. 1776, a bill to amend GRAHAM) were added as cosponsors of apply: title 10, United States Code, to expand amendment No. 934 intended to be pro- (1) ADMINISTRATOR.—The term ‘‘Adminis- the Operation Hero Miles program to posed to H.R. 2354, a bill making appro- trator’’ means the Administrator of General include the authority to accept the do- priations for energy and water develop- Services. nation of travel benefits in the form of ment and related agencies for the fiscal (2) CERCLA.—The term ‘‘CERCLA’’ means hotel points or awards for free or re- the Comprehensive Environmental Response, year ending September 30, 2012, and for Compensation, and Liability Act of 1980 (42 duced-cost accommodations. other purposes. U.S.C. 9601 et seq.). S. 1792 AMENDMENT NO. 940 (3) COMMITTEES.—The term ‘‘Committees’’ At the request of Mr. WHITEHOUSE, At the request of Mr. MCCAIN, the means the Committee on Transportation and the name of the Senator from Alabama names of the Senator from Montana Infrastructure of the House of Representa- (Mr. SESSIONS) was added as a cospon- (Mr. TESTER), the Senator from South tives and the Committee on Environment sor of S. 1792, a bill to clarify the au- Carolina (Mr. GRAHAM), the Senator and Public Works of the Senate. from West Virginia (Mr. MANCHIN) and (4) MUSEUM.—The term ‘‘Museum’’ means thority of the United States Marshals the National Women’s History Museum, Inc., the Senator from Virginia (Mr. WEBB) Service to assist other Federal, State, a District of Columbia nonprofit corporation and local law enforcement agencies in were added as cosponsors of amend- exempt from taxation pursuant to section the investigation of cases involving sex ment No. 940 intended to be proposed to 501(c)(3) of the Internal Revenue Code of 1986. offenders and missing children. H.R. 2354, a bill making appropriations (5) PROPERTY.—The term ‘‘Property’’ for energy and water development and means the property located in the District of S. 1798 related agencies for the fiscal year end- Columbia, subject to survey and as deter- At the request of Mr. UDALL of New ing September 30, 2012, and for other mined by the Administrator, generally con- Mexico, the name of the Senator from purposes. sisting of Squares 325 and 326 and a portion West Virginia (Mr. ROCKEFELLER) was of Square 351. The Property is generally f added as a cosponsor of S. 1798, a bill to bounded by 12th Street, Independence Ave- direct the Secretary of Veterans Af- STATEMENTS ON INTRODUCED nue, C Street, and the James Forrestal fairs to establish an open burn pit reg- BILLS AND JOINT RESOLUTIONS Building, all in Southwest Washington, Dis- trict of Columbia, and shall include all asso- istry to ensure that members of the By Mr. BOOZMAN: Armed Forces who may have been ex- ciated air rights, improvements thereon, and S. 1870. A bill to authorize the Ad- appurtenances thereto. posed to toxic chemicals and fumes ministrator of General Services to con- caused by open burn pits while de- SEC. 103. CONVEYANCE OF PROPERTY. vey a parcel of real property in the Dis- (a) AUTHORITY TO CONVEY.— ployed to Afghanistan or Iraq receive trict of Columbia to provide for the es- (1) IN GENERAL.—Subject to the require- information regarding such exposure, tablishment of a National Women’s ments of this title, the Administrator shall and for other purposes. History Museum and direct the Admin- convey the Property to the Museum, on such S.J. RES. 28 istrator of General Services to transfer terms and conditions as the Administrator At the request of Mr. WYDEN, the administrative jurisdiction, custody, considers reasonable and appropriate to pro- name of the Senator from Iowa (Mr. and control of the building located at tect the interests of the United States and further the purposes of this title. ARKIN 600 Pennsylvania Avenue, NW, in the H ) was added as a cosponsor of (2) AGREEMENT.—As soon as practicable, S.J. Res. 28, a joint resolution limiting District of Columbia, to the National but not later than 180 days after the date of the issuance of a letter of offer with re- Gallery of Art, and for other purposes; enactment of this Act, the Administrator spect to a certain proposed sale of de- to the Committee on Environment and shall enter into an agreement with the Mu- fense articles and defense services to Public Works. seum for the conveyance. the Kingdom of Bahrain. Mr. BOOZMAN. Mr. President, today (3) TERMS AND CONDITIONS.—The terms and I am introducing a piece of legislation conditions of the agreement shall address, S.J. RES. 29 that will save taxpayers an estimated among other things, mitigation of develop- At the request of Mr. UDALL of New $50 million. This bill will change the mental impacts to existing Federal buildings Mexico, the name of the Senator from ownership of two properties in D.C. and and structures, security concerns, and oper- New York (Mrs. GILLIBRAND) was added ational protocols for development and use of provide a space for the National Wom- the property. as a cosponsor of S.J. Res. 29, a joint en’s History museum. Under my legis- resolution proposing an amendment to (b) PURCHASE PRICE.— lation, the current headquarters of the (1) IN GENERAL.—The purchase price for the the Constitution of the United States Federal Trade Commission, the Apex relating to contributions and expendi- Property shall be its fair market value based Building, would be transferred to the on its highest and best use as determined by tures intended to affect elections. National Gallery of Art. Current Fed- an independent appraisal commissioned by S. RES. 251 eral Trade Commission employees the Administrator and paid for by the Mu- At the request of Mr. CARPER, the would be relocated to office space al- seum. name of the Senator from New Mexico ready leased to the federal government. (2) SELECTION OF APPRAISER.—The appraisal (Mr. UDALL) was added as a cosponsor The Apex building, under my legisla- shall be performed by an appraiser mutually of S. Res. 251, a resolution expressing acceptable to the Administrator and the Mu- tion, would be used more efficiently seum. support for improvement in the collec- and opened up for maximum public use. (3) TERMS AND CONDITIONS FOR APPRAISAL.— tion, processing, and consumption of Mr. President, I ask unanimous con- (A) IN GENERAL.—Except as provided by recyclable materials throughout the sent that the text of the bill be printed subparagraph (B), the assumptions, scope of United States. in the RECORD. work, and other terms and conditions related

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7454 CONGRESSIONAL RECORD — SENATE November 15, 2011 to the appraisal assignment shall be mutu- limits the application of or obligation to General Services shall relocate the Federal ally acceptable to the Administrator and the comply with any environmental law, includ- Trade Commission employees and operations Museum. ing section 120(h) of CERCLA (42 U.S.C. housed in the building identified in such sec- (B) REQUIRED TERMS.—The appraisal shall 9620(h)). tion to not more than 160,000 usable square assume that the Property does not contain SEC. 105. INCIDENTAL COSTS. feet of space in the southwest quadrant of hazardous substances (as defined in section Subject to section 104, the Museum shall the leased building known as Constitution 101 of CERCLA (42 U.S.C. 9601)) or any other bear any and all costs associated with com- Center located at 400 7th Street, Southwest hazardous waste or pollutant that requires a plying with the provisions of this title, in- in the District of Columbia. response action or corrective action under cluding studies and reports, surveys, relo- (b) OCCUPANCY AGREEMENT.—Not later than any applicable environmental law. cating tenants, and mitigating impacts to 30 days following enactment of this Act, the (c) APPLICATION OF PROCEEDS.—The pur- existing Federal buildings and structures re- Administrator of General Services and the chase price shall be paid into an account in sulting directly from the development of the Securities and Exchange Commission shall the Federal Buildings Fund established property by the Museum. execute an agreement to assign or sublease under section 592 of title 40, United States SEC. 106. LAND USE APPROVALS. the space (leased pursuant to a Letter Con- Code. Upon deposit, the proceeds from the (a) EXISTING AUTHORITIES.—Nothing in this tract entered into by the Securities and Ex- conveyance may only be expended subject to title shall be construed as limiting or affect- change Commission on July 28, 2010) as de- a specific future appropriation. ing the authority or responsibilities of the scribed in subsection (a), for the purposes of (d) QUIT CLAIM DEED.—The Property shall National Capital Planning Commission or housing the Federal Trade Commission em- be conveyed pursuant to a quit claim deed. the Commission of Fine Arts. ployees and operations relocating from the (e) USE RESTRICTION.—The Property shall (b) COOPERATION.— building located at 600 Pennsylvania Avenue, be dedicated for use as a site for a national (1) ZONING AND LAND USE.—Subject to para- NW., District of Columbia, pursuant to sub- women’s history museum for the 99-year pe- graph (2), the Administrator shall reasonably section (a) of this section. riod beginning on the date of conveyance to cooperate with the Museum with respect to SEC. 205. NATIONAL GALLERY OF ART. the Museum. any zoning or other land use matter relating Beginning on the date that the National (f) FUNDING RESTRICTION.—No Federal to development of the Property in accord- Gallery of Art occupies the building referred funds shall be made available— ance with this title. Such cooperation shall to in section 202— (1) to the Museum for— include consenting to applications by the (1) the building shall be known and des- (A) the purchase of the Property; or Museum for applicable zoning and permit- ignated as the ‘‘North Building of the Na- (B) the design and construction of any fa- ting with respect to the property. tional Gallery of Art’’; and cility on the Property; or (2) LIMITATIONS.—The Administrator shall (2) any reference in a law, map, regulation, (2) by the Museum or any affiliate of the not be required to incur any costs with re- document, paper, or other record of the Museum as a credit pursuant to section spect to cooperation under this subsection United States to the building shall be 104(b) and any consent provided under this sub- deemed to be a reference to the ‘‘North (g) REVERSION.— section shall be premised on the property Building of the National Gallery of Art’’. (1) BASES FOR REVERSION.—The Property being developed and operated in accordance shall revert to the United States, at the op- with this title. f tion of the United States, without any obli- SEC. 107. REPORTS. SUBMITTED RESOLUTIONS gation for repayment by the United States of Not later than 1 year after the date of en- any amount of the purchase price for the actment of this Act, and annually thereafter property, if— until the end of the 5-year period following SENATE RESOLUTION 323—RECOG- (A) the Property is not used as a site for a conveyance of the Property or until substan- national women’s history museum at any tial completion of the museum facility NIZING THE 75TH ANNIVERSARY time during the 99-year period referred to in (whichever is later), the Museum shall sub- OF THE WELFARE PROGRAM OF subsection (e); or mit annual reports to the Administrator and THE CHURCH OF JESUS CHRIST (B) the Museum has not commenced con- the Committees detailing the development OF LATTER-DAY SAINTS AND struction of a museum facility on the Prop- and construction activities of the Museum THE SIGNIFICANT IMPACT OF erty in the 5-year period beginning on the with respect to this title. THE WELFARE PROGRAM IN THE date of enactment of this Act, other than for TITLE II—FEDERAL TRADE COMMISSION UNITED STATES AND THROUGH- reasons beyond the control of the Museum as AND THE NATIONAL GALLERY OF ART reasonably determined by the Adminis- OUT THE WORLD IN HELPING SEC. 201. SHORT TITLE. trator. PEOPLE IN NEED This title may be cited as the ‘‘Federal (2) ENFORCEMENT.—The Administrator may Trade Commission and National Gallery of Mr. HATCH (for himself, Mr. REID of perform any acts necessary to enforce the re- Art Facility Consolidation, Savings, and Ef- Nevada, Mr. CRAPO, Mr. HELLER, Mr. versionary rights provided in this section. ficiency Act of 2011’’. LEE, and Mr. UDALL of New Mexico) (3) CUSTODY OF PROPERTY UPON REVER- SEC. 202. TRANSFER. SION.—If the Property reverts to the United submitted the following resolution; Notwithstanding any other provision of States pursuant to this section, such prop- which was considered and agreed to: law and not later than December 31, 2012, the erty shall be under the custody and control S. RES. 323 Administrator of General Services shall of the Administrator. transfer administrative jurisdiction, cus- Whereas in 1936, while the United States (h) CLOSING.—The conveyance pursuant to tody, and control of the building located at was mired in the Great Depression, Heber J. this title shall occur not later than 3 years 600 Pennsylvania Avenue, NW., District of Grant, President of The Church of Jesus after the date of enactment of this Act. The Columbia, to the National Gallery of Art for Christ of Latter-day Saints (referred to in Administrator may extend that period for the purpose of housing and exhibiting works this Resolution as ‘‘the LDS Church’’), an- such time as is reasonably necessary for the of art and to carry out administrative func- nounced the creation of what came to be Museum to perform its obligations under tions and other activities related to the mis- known as the Welfare Program; section 104(a). sion of the National Gallery of Art. Whereas President Grant explained, ‘‘Our SEC. 104. ENVIRONMENTAL MATTERS. SEC. 203. REMODELING, RENOVATING, OR RE- primary purpose was to set up . . . a system (a) AUTHORIZATION TO CONTRACT FOR ENVI- CONSTRUCTING. under which the curse of idleness would be RONMENTAL RESPONSE ACTIONS.—In fulfilling (a) IN GENERAL.—The National Gallery of done away with, the evils of a dole abolished, the responsibility of the Administrator to Art shall pay for the costs of remodeling, and independence, industry, thrift and self address contamination on the Property, the renovating, or reconstructing the building respect be once more established amongst Administrator may contract with the Mu- referred to in section 202. our people . . . The aim of the Church is to seum or an affiliate of the Museum for the (b) FEDERAL SHARE.—No appropriated help the people to help themselves. Work is performance (on behalf of the Administrator) funds may be used for the initial costs for to be re-enthroned as the ruling principle of of response actions on the Property. the remodeling, renovating, or recon- the lives of our Church membership.’’; (b) CREDITING OF RESPONSE COSTS.— structing of the building referred to in sec- Whereas, the LDS Church’s Welfare Pro- (1) IN GENERAL.—Any costs incurred by the tion 202. gram, which is based on the principles of Museum or an affiliate of the Museum using (c) PROHIBITION.—The National Gallery of self-reliance and industry, has expanded non-Federal funding pursuant to subsection Art may not use sale, lease, or exchange, in- throughout the world and assists people of (a) shall be credited to the purchase price for cluding leaseback arrangements, for the pur- all faiths by caring for the needy while si- the Property. poses of remodeling, renovating, or recon- multaneously teaching principles to help (2) LIMITATION.—A credit under paragraph structing the building referred to in section them become self-reliant and retain their (1) shall not exceed the purchase price of the 202. self respect; Property. SEC. 204. RELOCATION OF THE FEDERAL TRADE Whereas funding for the LDS Church’s Wel- (c) NO EFFECT ON COMPLIANCE WITH ENVI- COMMISSION. fare Program is provided by the members of RONMENTAL LAWS.—Nothing in this title, or (a) RELOCATION.—Not later than the date The Church of Jesus Christ of Latter-day any amendment made by this title, affects or specified in section 202, the Administrator of Saints, who routinely fast for 2 consecutive

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7455 meals every month and make donations to AMENDMENTS SUBMITTED AND tended to be proposed to amendment SA 957 the LDS Church’s Welfare Program that is at PROPOSED proposed by Mr. REID to the bill H.R. 2354, least equal to the money they would have supra; which was ordered to lie on the table. spent on food; SA 950. Mr. HOEVEN (for himself, Mr. SA 971. Mr. SESSIONS submitted an Whereas the LDS Church’s Welfare Pro- ROCKEFELLER, and Mr. PORTMAN) submitted amendment intended to be proposed to an amendment intended to be proposed by gram provides opportunities for members of amendment SA 957 proposed by Mr. REID to him to the bill H.R. 2354, making appropria- The Church of Jesus Christ of Latter-day the bill H.R. 2354, supra; which was ordered tions for energy and water development and Saints to help the less fortunate by working to lie on the table. related agencies for the fiscal year ending SA 972. Mr. SESSIONS submitted an at dozens of farms and canneries located September 30, 2012, and for other purposes; amendment intended to be proposed to throughout the United States and Canada which was ordered to lie on the table. amendment SA 957 proposed by Mr. REID to that produce food for needy people; SA 951. Mr. WICKER submitted an amend- the bill H.R. 2354, supra; which was ordered Whereas needy people in the community ment intended to be proposed by him to the to lie on the table. are identified by the leader of each local bill H.R. 2354, supra; which was ordered to lie SA 973. Mr. BLUNT (for himself, Mr. church congregation, in consultation with on the table. INHOFE, and Mrs. MCCASKILL) submitted an other local leaders, including the Relief So- SA 952. Mr. CASEY (for himself, Mr. amendment intended to be proposed to ciety President (a woman from the congrega- BARRASSO, Mr. BLUMENTHAL, Mr. BENNET, amendment SA 957 proposed by Mr. REID to tion who serves as the local leader of the and Mr. WHITEHOUSE) submitted an amend- the bill H.R. 2354, supra; which was ordered LDS Church’s women’s organization); ment intended to be proposed by him to the to lie on the table. Whereas people in need are provided free bill H.R. 2354, supra; which was ordered to lie SA 974. Mr. BLUNT (for himself and Mrs. food and household items at facilities called on the table. MCCASKILL) submitted an amendment in- Bishop’s Storehouses after receiving a writ- SA 953. Mr. RUBIO (for himself and Mr. tended to be proposed to amendment SA 957 ten requisition from the leader of their local MENENDEZ) submitted an amendment in- proposed by Mr. REID to the bill H.R. 2354, congregation; tended to be proposed by him to the bill H.R. supra; which was ordered to lie on the table. Whereas the 129 Bishop’s Storehouses, 2354, supra; which was ordered to lie on the SA 975. Mr. BLUNT (for himself and Mrs. which are located throughout the world, pro- table. MCCASKILL) submitted an amendment in- vide needed commodities from the con- SA 954. Mr. BINGAMAN (for himself and tended to be proposed to amendment SA 957 secrated sacrifices of members of The Church Ms. MURKOWSKI) submitted an amendment proposed by Mr. REID to the bill H.R. 2354, of Jesus Christ of Latter-day Saints; intended to be proposed by him to the bill supra; which was ordered to lie on the table. Whereas recipients of these commodities H.R. 2354, supra; which was ordered to lie on SA 976. Mr. BLUNT (for himself and Mrs. are given service opportunities, to the extent the table. MCCASKILL) submitted an amendment in- SA 955. Ms. KLOBUCHAR (for herself, Mr. of their ability, which allow them to dem- tended to be proposed to amendment SA 957 THUNE, Mr. JOHNSON of South Dakota, Mr. onstrate their gratitude for what they have proposed by Mr. REID to the bill H.R. 2354, FRANKEN, Mr. HARKIN, and Mr. GRASSLEY) supra; which was ordered to lie on the table. received; submitted an amendment intended to be pro- SA 977. Mr. NELSON of Florida submitted Whereas employment resource service cen- posed by her to the bill H.R. 2354, supra; an amendment intended to be proposed to ters, which are also part of the LDS Church’s which was ordered to lie on the table. amendment SA 957 proposed by Mr. REID to Welfare Program, provide a place where peo- SA 956. Mr. REID proposed an amendment the bill H.R. 2354, supra; which was ordered ple can receive job training, learn to enhance to the bill H.R. 2354, supra. to lie on the table. their resumes, and find job opportunities; SA 957. Mr. REID proposed an amendment SA 978. Mr. NELSON of Florida submitted Whereas there are nearly 300 employment to the bill H.R. 2354, supra. an amendment intended to be proposed to resource service centers throughout the SA 958. Mr. REID proposed an amendment amendment SA 957 proposed by Mr. REID to world, at which volunteers help hundreds of to amendment SA 957 proposed by Mr. REID the bill H.R. 2354, supra; which was ordered thousands of people to find jobs every year, to the bill H.R. 2354, supra. to lie on the table. a large percentage of whom are not members SA 959. Mr. REID proposed an amendment SA 979. Mr. BEGICH (for himself, Mr. of The Church of Jesus Christ of Latter-day to amendment SA 958 proposed by Mr. REID MCCAIN, Mr. VITTER, and Mrs. SHAHEEN) sub- Saints; to the amendment SA 957 proposed by Mr. mitted an amendment intended to be pro- Whereas the LDS Church’s Welfare Pro- REID to the bill H.R. 2354, supra. posed to amendment SA 957 proposed by Mr. gram also includes Deseret Industries, which SA 960. Mr. REID proposed an amendment REID to the bill H.R. 2354, supra; which was serves as an employment training facility to the bill H.R. 2354, supra. ordered to lie on the table. and operates thrift stores; SA 961. Mr. REID proposed an amendment SA 980. Mr. WEBB (for himself, Mr. Whereas these thrift stores provide on-the- to amendment SA 960 proposed by Mr. REID BOOZMAN, Mr. HELLER, Mr. ROBERTS, and Mr. job experience for refugees or others who to the bill H.R. 2354, supra. BEGICH) submitted an amendment intended SA 962. Mr. REID proposed an amendment need help qualifying for long-term employ- to be proposed to amendment SA 957 pro- to the bill H.R. 2354, supra. posed by Mr. REID to the bill H.R. 2354, supra; ment and are stocked by individual dona- SA 963. Mr. REID proposed an amendment tions, which are offered to the public at inex- which was ordered to lie on the table. to amendment SA 962 proposed by Mr. REID SA 981. Mr. PRYOR (for himself and Mr. pensive prices; to the bill H.R. 2354, supra. BOOZMAN) submitted an amendment intended Whereas the LDS Church’s Welfare Pro- SA 964. Mr. REID proposed an amendment to be proposed to amendment SA 957 program also includes LDS Family Services, a to amendment SA 963 proposed by Mr. REID posed by Mr. REID to the bill H.R. 2354, supra; private, nonprofit organization that provides to the amendment SA 962 proposed by Mr. which was ordered to lie on the table. counseling, adoption services, addiction re- REID to the bill H.R. 2354, supra. SA 982. Mr. MENENDEZ (for himself, Mr. covery support groups, and resources for so- SA 965. Mr. HELLER submitted an amend- REID, and Mr. RUBIO) submitted an amend- cial, emotional, and spiritual challenges; ment intended to be proposed to amendment ment intended to be proposed to amendment Whereas the influence and power for good SA 957 proposed by Mr. REID to the bill H.R. SA 957 proposed by Mr. REID to the bill H.R. exerted by the Welfare Program of the LDS 2354, supra; which was ordered to lie on the 2354, supra; which was ordered to lie on the Church has greatly expanded over its 75-year table. table. history; and SA 966. Mr. PAUL submitted an amend- SA 983. Mrs. McCASKILL (for herself and Whereas the positive impact of the LDS ment intended to be proposed to amendment Mr. BLUNT) submitted an amendment in- Church’s Welfare Program in the United SA 957 proposed by Mr. REID to the bill H.R. tended to be proposed to amendment SA 957 States has assisted untold numbers of United 2354, supra; which was ordered to lie on the proposed by Mr. REID to the bill H.R. 2354, States citizens: table. supra; which was ordered to lie on the table. Now, therefore, be it SA 967. Mr. PAUL submitted an amend- SA 984. Mr. ROBERTS submitted an ment intended to be proposed to amendment amendment intended to be proposed to Resolved, That the Senate— SA 957 proposed by Mr. REID to the bill H.R. amendment SA 957 proposed by Mr. REID to (1) recognizes the 75th Anniversary of the 2354, supra; which was ordered to lie on the the bill H.R. 2354, supra; which was ordered Welfare Program of The Church of Jesus table. to lie on the table. Christ of Latter-day Saints; SA 968. Mr. PAUL submitted an amend- SA 985. Ms. MURKOWSKI submitted an (2) congratulates the members of The ment intended to be proposed to amendment amendment intended to be proposed to Church of Jesus Christ of Latter-day Saints SA 957 proposed by Mr. REID to the bill H.R. amendment SA 957 proposed by Mr. REID to for the significant contribution that its Wel- 2354, supra; which was ordered to lie on the the bill H.R. 2354, supra; which was ordered fare Program has had on United States citi- table. to lie on the table. zens and many people throughout the world; SA 969. Mr. RUBIO submitted an amend- SA 986. Mr. PAUL submitted an amend- and ment intended to be proposed to amendment ment intended to be proposed to amendment (3) commends the many efforts made by SA 957 proposed by Mr. REID to the bill H.R. SA 957 proposed by Mr. REID to the bill H.R. The Church of Jesus Christ of Latter-day 2354, supra; which was ordered to lie on the 2354, supra; which was ordered to lie on the Saints and its members, through its Welfare table. table. Program, to serve others regardless of reli- SA 970. Mr. MCCAIN (for himself and Mrs. SA 987. Mr. RUBIO (for himself, Mr. gious affiliation. MCCASKILL) submitted an amendment in- CORNYN, and Mrs. HUTCHISON) submitted an

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7456 CONGRESSIONAL RECORD — SENATE November 15, 2011 amendment intended to be proposed by him the bill H.R. 2354, supra; which was ordered him to the bill H.R. 2354, making ap- to the bill H.R. 2354, supra; which was or- to lie on the table. propriations for energy and water de- dered to lie on the table. SA 1005. Ms. SNOWE (for herself and Mr. velopment and related agencies for the KOHL) submitted an amendment intended to SA 988. Mr. ENZI (for himself, Mr. DEMINT, fiscal year ending September 30, 2012, Mr. PAUL, and Mr. JOHANNS) submitted an be proposed to amendment SA 957 proposed amendment intended to be proposed to by Mr. REID to the bill H.R. 2354, supra; and for other purposes; which was or- amendment SA 957 proposed by Mr. REID to which was ordered to lie on the table. dered to lie on the table; as follows: the bill H.R. 2354, supra; which was ordered SA 1006. Mr. THUNE submitted an amend- At the appropriate place, insert the fol- to lie on the table. ment intended to be proposed to amendment lowing: SA 989. Mr. THUNE submitted an amend- SA 957 proposed by Mr. REID to the bill H.R. SEC. ll. None of the funds made available ment intended to be proposed to amendment 2354, supra; which was ordered to lie on the under this Act may be used to pay compensa- SA 957 proposed by Mr. REID to the bill H.R. table. tion in the form of bonuses for senior execu- 2354, supra; which was ordered to lie on the SA 1007. Mr. MERKLEY submitted an tives at the Federal National Mortgage Asso- table. amendment intended to be proposed to ciation or the Federal Home Loan Mortgage SA 990. Mr. DEMINT submitted an amend- amendment SA 957 proposed by Mr. REID to Corporation during fiscal year 2012. ment intended to be proposed by him to the the bill H.R. 2354, supra; which was ordered bill H.R. 2354, supra; which was ordered to lie to lie on the table. SA 952. Mr. CASEY (for himself, Mr. SA 1008. Mr. CASEY submitted an amend- on the table. BARRASSO, Mr. BLUMENTHAL, Mr. BEN- SA 991. Mr. COONS submitted an amendment intended to be proposed by him to the NET, and Mr. WHITEHOUSE) submitted ment intended to be proposed to amendment bill H.R. 2354, supra; which was ordered to lie an amendment intended to be proposed on the table. SA 957 proposed by Mr. REID to the bill H.R. SA 1009. Mrs. HAGAN (for herself and Mr. by him to the bill H.R. 2354, making ap- 2354, supra; which was ordered to lie on the CASEY) submitted an amendment intended to propriations for energy and water de- table. be proposed by her to the bill H.R. 2354, velopment and related agencies for the SA 992. Mr. CASEY submitted an amend- supra; which was ordered to lie on the table. fiscal year ending September 30, 2012, ment intended to be proposed to amendment SA 1010. Mr. MENENDEZ (for himself, Mr. SA 957 proposed by Mr. REID to the bill H.R. and for other purposes; which was or- REID, and Mr. RUBIO) submitted an amend- dered to lie on the table; as follows: 2354, supra; which was ordered to lie on the ment intended to be proposed to amendment In section 7065(c)(5), strike ‘‘PRECURSOR table. SA 957 proposed by Mr. REID to the bill H.R. SA 993. Mr. CASEY submitted an amend- 2354, supra; which was ordered to lie on the CHEMICALS.—Funds’’ and insert the fol- ment intended to be proposed to amendment table. lowing: ‘‘PRECURSOR CHEMICALS.— SA 957 proposed by Mr. REID to the bill H.R. SA 1011. Mr. VITTER submitted an amend- (A) CERTIFICATION.— 2354, supra; which was ordered to lie on the ment intended to be proposed to amendment (i) LIMITATION.—Funds appropriated or oth- table. SA 957 proposed by Mr. REID to the bill H.R. erwise made available by this division under SA 994. Mr. CARDIN (for himself and Mr. 2354, supra; which was ordered to lie on the the headings ‘‘FOREIGN MILITARY FINANCING WICKER) submitted an amendment intended table. PROGRAM’’ and ‘‘PAKISTAN COUNTER-INSUR- to be proposed to amendment SA 957 pro- SA 1012. Mr. VITTER submitted an amend- GENCY CAPABILITY FUND’’ should not be obli- posed by Mr. REID to the bill H.R. 2354, supra; ment intended to be proposed by him to the gated until the Secretary of State certifies which was ordered to lie on the table. bill H.R. 2354, supra; which was ordered to lie to the Committee on Foreign Relations and SA 995. Mr. HARKIN submitted an amend- on the table. the Committee on Appropriations of the Sen- ment intended to be proposed to amendment SA 1013. Mr. DEMINT submitted an amend- ate and the Committee on Foreign Affairs SA 957 proposed by Mr. REID to the bill H.R. ment intended to be proposed by him to the and the Committee on Appropriations of the 2354, supra; which was ordered to lie on the bill H.R. 2354, supra; which was ordered to lie House of Representatives that the Govern- table. on the table. ment of Pakistan is demonstrating a con- SA 996. Mr. DEMINT submitted an amend- SA 1014. Ms. SNOWE submitted an amend- tinuing commitment to and is making sig- ment intended to be proposed to amendment ment intended to be proposed to amendment nificant efforts towards the implementation SA 957 proposed by Mr. REID to the bill H.R. SA 957 proposed by Mr. REID to the bill H.R. of a strategy to counter improvised explosive 2354, supra; which was ordered to lie on the 2354, supra; which was ordered to lie on the devices (IEDs). For purposes of this clause, table. table. significant implementation efforts include SA 997. Ms. MURKOWSKI submitted an SA 1015. Mr. MERKLEY submitted an attacking IED networks, monitoring of amendment intended to be proposed to amendment intended to be proposed by him known precursors used in IEDs, and the de- amendment SA 957 proposed by Mr. REID to to the bill H.R. 2354, supra; which was or- velopment of a strict protocol for the manu- the bill H.R. 2354, supra; which was ordered dered to lie on the table. facture of explosive materials, including cal- to lie on the table. SA 1016. Mr. RUBIO submitted an amend- cium ammonium nitrate, and accessories SA 998. Mrs. SHAHEEN (for herself and Mr. ment intended to be proposed by him to the and their supply to legitimate end users. bill H.R. 2354, supra; which was ordered to lie COBURN) submitted an amendment intended (ii) WAIVER.—The Secretary of State may to be proposed to amendment SA 957 pro- on the table. waive the requirements of clause (i) if the SA 1017. Mr. DEMINT submitted an amend- posed by Mr. REID to the bill H.R. 2354, supra; Secretary determines it is in the national se- ment intended to be proposed by him to the which was ordered to lie on the table. curity interest of the United States to do so. bill H.R. 2354, supra; which was ordered to lie SA 999. Mr. INHOFE submitted an amend- (B) ASSISTANCE.—Funds ment intended to be proposed to amendment on the table. SA 957 proposed by Mr. REID to the bill H.R. f SA 953. Mr. RUBIO (for himself and 2354, supra; which was ordered to lie on the TEXT OF AMENDMENTS Mr. MENENDEZ) submitted an amend- table. ment intended to be proposed by him SA 1000. Mr. WICKER (for himself, Mr. SA 950. Mr. HOEVEN (for himself, to the bill H.R. 2354, making appropria- BOOZMAN, and Mr. INHOFE) submitted an Mr. ROCKEFELLER, and Mr. PORTMAN) amendment intended to be proposed to tions for energy and water develop- submitted an amendment intended to ment and related agencies for the fiscal amendment SA 957 proposed by Mr. REID to be proposed by him to the bill H.R. the bill H.R. 2354, supra; which was ordered year ending September 30, 2012, and for 2354, making appropriations for energy other purposes; which was ordered to to lie on the table. and water development and related SA 1001. Mr. INHOFE submitted an amend- lie on the table; as follows: agencies for the fiscal year ending Sep- ment intended to be proposed to amendment On page 481, after line 21, add the fol- SA 957 proposed by Mr. REID to the bill H.R. tember 30, 2012, and for other purposes; lowing: 2354, supra; which was ordered to lie on the which was ordered to lie on the table; SEC. 7088. (a) None of the amounts appro- table. as follows: priated or otherwise made available by this SA 1002. Mr. ISAKSON submitted an On page 40, lines 8 and 9, strike ‘‘445,471,000, division may be appropriated or otherwise amendment intended to be proposed to to remain available until expended: Pro- made available for a United States contribu- amendment SA 957 proposed by Mr. REID to vided,’’ and insert ‘‘$475,471,000, to remain tion to the United Nations Educational, Sci- the bill H.R. 2354, supra; which was ordered available until expended: Provided, That entific and Cultural Organization (UNESCO). to lie on the table. $10,000,000 shall be available for natural gas (b) United States contributions that would SA 1003. Mr. ROBERTS (for himself, Mr. technologies, $10,000,000 shall be available for have otherwise been provided to UNESCO JOHANNS, and Mr. BOOZMAN) submitted an unconventional fossil energy technologies, should be redirected by the Secretary of the amendment intended to be proposed to and $10,000,000 shall be available for advanced Treasury for payment to the Inter-American amendment SA 957 proposed by Mr. REID to energy systems: Provided further,’’. Development Bank for the United States the bill H.R. 2354, supra; which was ordered On page 44, line 11, strike ‘‘$2000,000,000’’ share of the paid-in portion of the increase in to lie on the table. and insert ‘‘$170,000,000’’. capital stock. SA 1004. Ms. MURKOWSKI submitted an amendment intended to be proposed to SA 951. Mr. WICKER submitted an SA 954. Mr. BINGAMAN (for himself amendment SA 957 proposed by Mr. REID to amendment intended to be proposed by and Ms. MURKOWSKI) submitted an

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7457 amendment intended to be proposed by TITLE I navigation needs of general commerce, him to the bill H.R. 2354, making ap- CORPS OF ENGINEERS—CIVIL where authorized by law; surveying and charting northern and northwestern lakes propriations for energy and water de- DEPARTMENT OF THE ARMY velopment and related agencies for the and connecting waters; clearing and CORPS OF ENGINEERS—CIVIL straightening channels; and removing ob- fiscal year ending September 30, 2012, The following appropriations shall be ex- structions to navigation, $2,360,000,000, to re- and for other purposes; which was or- pended under the direction of the Secretary main available until expended, of which such dered to lie on the table; as follows: of the Army and the supervision of the Chief sums as are necessary to cover the Federal of Engineers for authorized civil functions of share of eligible operation and maintenance On page 41, strike lines 11 through 22. the Department of the Army pertaining to costs for coastal harbors and channels, and rivers and harbors, flood and storm damage for inland harbors shall be derived from the SA 955. Ms. KLOBUCHAR (for herself, reduction, short protection, aquatic eco- Harbor Maintenance Trust Fund; of which system restoration, and related efforts. such sums as become available from the spe- Mr. THUNE, Mr. JOHNSON of South Da- GENERAL INVESTIGATIONS cial account for the Corps established by the kota, Mr. FRANKEN, Mr. HARKIN, and Land and Water Conservation Act of 1965 (16 For expenses necessary where authorized Mr. GRASSLEY) submitted an amend- U.S.C. 460l–6a(i)) shall be derived from that by law for the collection and study of basic ment intended to be proposed by her to account for resource protection, research, in- information pertaining to river and harbor, terpretation, and maintenance activities re- the bill H.R. 2354, making appropria- flood and storm damage reduction, shore lated to resource protection in areas man- tions for energy and water develop- protection, aquatic ecosystem restoration, aged by the Corps at which outdoor recre- ment and related agencies for the fiscal and related needs; for surveys and detailed ation is available; and of which such sums as year ending September 30, 2012, and for studies, and plans and specifications of pro- become available from fees collected under posed river and harbor, flood and storm dam- other purposes; which was ordered to section 217 of Public Law 104–303 shall be age reduction, shore protection, and aquatic lie on the table; as follows: used to cover the cost of operation and main- ecosystem restoration projects and related tenance of the dredged material disposal fa- On page 37, between lines 15 and 16, insert efforts prior to construction; for restudy of cilities for which such fees have been col- the following: authorized projects; and for miscellaneous lected. EC investigations and, when authorized by law, S . 2ll. None of the funds appropriated REGULATORY PROGRAM or otherwise made available by this Act for surveys and detailed studies, and plans and For expenses necessary for administration ongoing work on rural water regional pro- specifications of projects prior to construc- of laws pertaining to regulation of navigable grams of the Bureau of Reclamation that is tion, $125,000,000, to remain available until waters and wetlands, $193,000,000, to remain in addition to the amount requested in the expended. available until September 30, 2013. annual budget submission of the President CONSTRUCTION, GENERAL FORMERLY UTILIZED SITES REMEDIAL ACTION (including funds for related settlements) (INCLUDING TRANSFER OF FUNDS) PROGRAM shall be used by the Secretary of the Interior For expenses necessary for the construc- For expenses necessary to clean up con- to carry out any authorized rural water sup- tion of river and harbor, flood and storm tamination from sites in the United States ply project (as defined in section 102 of the damage reduction, shore protection, aquatic resulting from work performed as part of the Reclamation Rural Water Supply Act of 2006 ecosystem restoration, and related projects Nation’s early atomic energy program, (43 U.S.C. 2401)) unless the Secretary of the authorized by law; for conducting detailed $109,000,000, to remain available until ex- Interior, not later than 30 days after the date studies, and plans and specifications, of such pended. of enactment of this Act, issues a work plan projects (including those involving participa- prioritizing funding of rural water supply tion by States, local governments, or private FLOOD CONTROL AND COASTAL EMERGENCIES projects carried out by the Bureau of Rec- groups) authorized or made eligible for selec- For expenses necessary to prepare for lamation based on the following criteria to tion by law (but such detailed studies, and flood, hurricane, and other natural disasters better utilize taxpayer dollars: plans and specifications, shall not constitute and support emergency operations, repairs, (1) The percentage of the rural water sup- a commitment of the Government to con- and other activities in response to such dis- ply project to be carried out that is complete struction); $1,610,000,000, to remain available asters as authorized by law, $27,000,000, to re- (as of the date of enactment of this Act) or until expended; of which such sums as are main available until expended. will be completed by September 30, 2012. necessary to cover the Federal share of con- GENERAL EXPENSES (2) The number of people served or ex- struction costs for facilities under the pected to be served by the rural water supply For expenses necessary for the supervision Dredged Material Disposal Facilities pro- and general administration of the civil project. gram shall be derived from the Harbor Main- (3) The amount of non-Federal funds pre- works program in the headquarters of the tenance Trust Fund as authorized by Public United States Army Corps of Engineers and viously provided or certified as available for Law 104–303; and of which such sums as are the cost of the rural water supply project. the offices of the Division Engineers; and for necessary to cover one-half of the costs of the management and operation of the Hum- (4) The extent to which the rural water construction, replacement, rehabilitation, supply project benefits tribal components. phreys Engineer Center Support Activity, and expansion of inland waterways projects the Institute for Water Resources, the (5) The extent to which there is an urgent (including only Lock and Dam 27, Mississippi and compelling need for a rural water supply United States Army Engineer Research and River, Illinois; Lock and Dams 2, 3, and 4 Development Center, and the United States project that would— Monongahela River, Pennsylvania; Olmsted (A) improve the health or aesthetic quality Army Corps of Engineers Finance Center, Lock and Dam, Illinois and Kentucky; and $185,000,000, to remain available until Sep- of water; Emsworth Locks and Dam, Ohio River, (B) result in continuous, measurable, and tember 30, 2013, of which not to exceed $5,000 Pennsylvania) shall be derived from the In- may be used for official reception and rep- significant water quality benefits; or land Waterways Trust Fund. (C) address current or future water supply resentation purposes and only during the needs of the population served by the rural MISSISSIPPI RIVER AND TRIBUTARIES current fiscal year: Provided, That no part of water supply project. For expenses necessary for flood damage any other appropriation provided in title I of reduction projects and related efforts in the this Act shall be available to fund the civil Mississippi River alluvial valley below Cape works activities of the Office of the Chief of SA 956. Mr. REID proposed an amend- Girardeau, Missouri, as authorized by law, Engineers or the civil works executive direc- ment to the bill H.R. 2354, making ap- $250,000,000, to remain available until ex- tion and management activities of the divi- propriations for energy and water de- pended, of which such sums as are necessary sion offices: Provided further, That any Flood to cover the Federal share of eligible oper- Control and Coastal Emergencies appropria- velopment and related agencies for the tion may be used to fund the supervision and fiscal year ending September 30, 2012, ation and maintenance costs for inland harbors shall be derived from the Harbor Main- general administration of emergency oper- and for other purposes; as follows: tenance Trust Fund. ations, repairs, and other activities in response to any flood, hurricane, or other nat- Strike out all after the enacting clause and OPERATION AND MAINTENANCE ural disaster. insert the following: For expenses necessary for the operation, OFFICE OF THE ASSISTANT SECRETARY OF THE maintenance, and care of existing river and DIVISION A—ENERGY AND WATER ARMY FOR CIVIL WORKS DEVELOPMENT AND RELATED AGENCIES harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related For the Office of the Assistant Secretary of The following sums are appropriated, out projects authorized by law; providing secu- the Army for Civil Works as authorized by 10 of any money in the Treasury not otherwise rity for infrastructure owned or operated by U.S.C. 3016(b)(3), $5,000,000, to remain avail- appropriated, for energy and water develop- the Corps, including administrative build- able until September 30, 2013. ment and related agencies for the fiscal year ings and laboratories; maintaining harbor ADMINISTRATIVE PROVISION ending September 30, 2012, and for other pur- channels provided by a State, municipality, The Revolving Fund, Corps of Engineers, poses, namely: or other public agency that serve essential shall be available during the current fiscal

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7458 CONGRESSIONAL RECORD — SENATE November 15, 2011 year for purchase (not to exceed 100 for re- $50,000 be submitted to the House and Senate ployees of the Department of the Army to placement only) and hire of passenger motor Committees on Appropriations. serve without compensation as director, offi- vehicles for the civil works program. (c) CONTINUING AUTHORITIES PROGRAM.— cer, or otherwise in the management of the GENERAL PROVISIONS—CORPS OF ENGINEERS— Subsection (a)(1) shall not apply to any organization established to support and CIVIL project or activity funded under the con- maintain the participation of the United SEC. 101. (a) None of the funds provided in tinuing authorities program. States in the permanent international com- title I of this Act, or provided by previous (d) Not later than 60 days after the date of mission of the congresses of navigation, or appropriations Acts to the agencies or enti- enactment of this Act, the Corps of Engi- any successor entity. EC. 108. (a) ACQUISITION.—The Secretary is ties funded in title I of this Act that remain neers shall submit a report to the House and S authorized to acquire any real property and available for obligation or expenditure in fis- Senate Committees on Appropriations to es- associated real property interests in the vi- cal year 2010, shall be available for obliga- tablish the baseline for application of re- cinity of Hanover, New Hampshire as may be tion or expenditure through a reprogram- programming and transfer authorities for needed for the Engineer Research and Devel- ming of funds that: the current fiscal year: Provided, That the re- opment Center laboratory facilities at the (1) creates or initiates a new program, port shall include: Cold Regions Research and Engineering Lab- project, or activity; (1) A table for each appropriation with a oratory. This real property to be acquired (2) eliminates a program, project, or activ- separate column to display the President’s consists of 18.5 acres more or less, identified ity; budget request, adjustments made by Con- as Tracts 101–1 and 101–2, together with all (3) increases funds or personnel for any gress, adjustments due to enacted rescis- necessary easements located entirely within program, project, or activity for which funds sions, if appropriate, and the fiscal year en- the Town of Hanover, New Hampshire. The have been denied or restricted by this Act, acted level; real property is generally bounded to the unless prior approval is received from the (2) A delineation in the table for each ap- east by state route 10-Lyme Road, to the House and Senate Committees on Appropria- propriation both by object class and pro- north by the vacant property of the Trustees tions; gram, project and activity as detailed in the of the Dartmouth College, to the south by (4) proposes to use funds directed for a spe- budget appendix for the respective appro- Fletcher Circle graduate student housing cific activity for a different purpose, unless priations; and owned by the Trustees of Dartmouth College, prior approval is received from the House (3) An identification of items of special and to the west by approximately 9 acres of and Senate Committees on Appropriations; congressional interest. real property acquired in fee through con- (5) augments or reduces existing programs, SEC. 102. None of the funds in this Act, or demnation in 1981 by the Secretary of the projects or activities in excess of the previous Acts, making funds available to the Army. amounts contained in subsections 6 through Corps, shall be used to implement any pend- (b) REVOLVING FUND.—The Secretary is au- ing or future competitive sourcing actions 10, unless prior approval is received from the thorized to use the Revolving Fund (33 U.S.C. under OMB Circular A–76 or High Performing House and Senate Committees on Appropria- 576) through the Plant Replacement and Im- Organizations. tions; provement Program to acquire the real prop- SEC. 103. None of the funds in this Act, or (6) GENERAL INVESTIGATIONS.—For a base erty and associated real property interests in level over $100,000, reprogramming of 25 per- previous Acts, making funds available to the Corps, shall be used to award any continuing subsection (a). The Secretary shall ensure cent of the base amount up to a limit of that the Revolving Fund is appropriately re- $150,000 per project, study or activity is al- contract that commits additional funding from the Inland Waterways Trust Fund un- imbursed from the benefiting appropriations. lowed: Provided, That for a base level less (c) RIGHT OF FIRST REFUSAL.—The Sec- less or until such time that a long-term than $100,000, the reprogramming limit is retary may provide the Seller of any real $25,000: Provided further, That up to $25,000 mechanism to enhance revenues in this Fund property and associated property interests may be reprogrammed into any continuing sufficient to meet the cost-sharing author- identified in subsection (a)— study or activity that did not receive an ap- ized in the Water Resources Development (1) a right of first refusal to acquire such propriation for existing obligations and con- Act of 1986 (Public Law 99–662), as amended, property, or any portion thereof, in the comitant administrative expenses; is enacted. event the property, or any portion thereof, is SEC. 104. Within 120 days of the date of the (7) CONSTRUCTION, GENERAL.—For a base no longer needed by the Department of the Chief of Engineers Report on a water re- level over $2,000,000, reprogramming of 15 Army. source matter, the Assistant Secretary of percent of the base amount up to a limit of (2) a right of first refusal to acquire any the Army (Civil Works) shall submit the re- $3,000,000 per project, study or activity is al- real property or associated real property in- port to the appropriate authorizing and ap- lowed: Provided, That for a base level less terests acquired by condemnation in Civil propriating committees of the Congress. than $2,000,000, the reprogramming limit is Action No. 81–360–L, in the event the prop- $300,000: That up to $3,000,000 SEC. 105. During the fiscal year period cov- Provided further, erty, or any portion thereof, is no longer may be reprogrammed for settled contractor ered by this Act, the Secretary of the Army needed by the Department of the Army. claims, changed conditions, or real estate de- is authorized to implement measures rec- (3) the purchase of any property by the ficiency judgments: Provided further, That up ommended in the efficacy study authorized Seller exercising either right of first refusal to $300,000 may be reprogrammed into any under section 3061 of the Water Resources authorized in this section shall be for consid- continuing study or activity that did not re- Development Act of 2007 (121 Stat. 1121) or in eration acceptable to the Secretary and shall ceive an appropriation for existing obliga- interim reports, with such modifications or be for not less than fair market value at the tions and concomitant administrative ex- emergency measures as the Secretary of the time the property becomes available for pur- penses; Army determines to be appropriate, to pre- chase. The right of first refusal authorized in (8) OPERATION AND MAINTENANCE.—Unlim- vent aquatic nuisance species from dis- ited reprogramming authority is granted in persing into the Great Lakes by way of any this section shall not inure to the benefit of order for the Corps to be able to respond to hydrologic connection between the Great the Sellers successors or assigns. (d) DISPOSAL.—The Secretary of the Army emergencies: Provided, That the Chief of En- Lakes and the Mississippi River Basin. is authorized to dispose of any property or gineers must notify the House and Senate SEC. 106. The Secretary is authorized to associated real property interests that are Committees on Appropriations of these transfer to the ‘‘Construction’’ account up to subject to the exercise of the right of first emergency actions as soon thereafter as $100,000,000 of the funds provided for rein- refusal as set forth herein. practicable: Provided further, That for a base forcing or replacing flood walls under the SEC. 109. The Secretary of the Army may level over $1,000,000, reprogramming of 15 ‘‘Flood Control and Coastal Emergencies’’ transfer, and the Fish and Wildlife Service percent of the base amount a limit of heading in Public Law 109–234 (120 Stat. 455) may accept and expend, up to $3,800,000 of $5,000,000 per project, study or activity is al- and Public Law 110–252 (122 Stat. 2350) and up funds provided in this title under the head- lowed: Provided further, That for a base level to $75,000,000 of the funds provided for ing ‘‘Operation and Maintenance’’, to miti- less than $1,000,000, the reprogramming limit projects and measures for the West Bank and gate for fisheries lost due to Corps of Engi- is $150,000: Provided further, That $150,000 may Vicinity and Lake Ponchartrain and Vicin- neers projects. be reprogrammed into any continuing study ity projects under the ‘‘Flood Control and SEC. 110. The Secretary of the Army, act- or activity that did not receive an appropria- Coastal Emergencies’’ heading in Public Law ing through the Chief of Engineers, is dition; 110–28 (121 Stat. 153) to be used with funds rected to fully utilize the Federal dredging (9) MISSISSIPPI RIVER AND TRIBUTARIES.— provided for the West Bank and Vicinity fleet in support of all Army Corps of Engi- The same reprogramming guidelines for the project under the ‘‘Construction’’ heading in neers missions and no restrictions shall be Investigations, Construction, and Operation Public Law 110–252 (122 Stat. 2349) and Public placed on the use or maintenance of any and Maintenance portions of the Mississippi Law 110–329 (122 Stat. 3589), consistent with dredge in the Federal Fleet. River and Tributaries Account as listed 65 percent Federal and 35 percent non-Fed- SEC. 111. The Secretary of the Army, act- above; and eral cost share and the financing of, and paying through the Chief of Engineers, is di- (10) FORMERLY UTILIZED SITES REMEDIAL AC- ment terms for, the non-Federal cash con- rected to maintain the Federal dredging TION PROGRAM.—Reprogramming of up to 15 tribution associated with the West Bank and fleet to technologically modern and efficient percent of the base of the receiving project is Vicinity project. standards. permitted. SEC. 107. The Secretary of the Army may SEC. 112. The Secretary of the Army, act- (b) DE MINIMUS REPROGRAMMINGS.—In no authorize a member of the Armed Forces ing through the Chief of Engineers is di- case should a reprogramming for less than under the Secretary’s jurisdiction and em- rected to utilize funds from the revolving

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fund to expeditiously undertake necessary SEC. 118. (a) That portion of the project for with coordinates 376403.52, 144295.24 thence health and safety improvements, including navigation, Newport Harbor, Rhode Island running south 60 degrees 5 minutes 58.2 sec- lead and asbestos abatement, to the dredge adopted by the Rivers and Harbors Acts of onds west 255.02 feet to an end point (28) with ‘‘McFarland’’: Provided, That the Secretary March 2, 1907 (34 Stat. 1075); June 25, 1910 (36 coordinates 376182.45, 144168.12; and the 13- shall ensure that the Revolving Fund is ap- Stat. 632); August 26, 1937 (50 Stat. 845); and, Foot Anchorage beginning at a point (29) propriately reimbursed from appropriations modified by the Consolidated Appropriations with coordinates 376363.39, 143666.99; thence of the Corps’ benefiting programs by collec- Act, 2000, Public Law 106–113, appendix E, running north 63 degrees 34 minutes 19.3 section each year of amounts sufficient to repay title II, section 221 (113 Stat. 1501A–298); con- onds east 1,962.37 feet to a point (30) with co- the capitalized cost of such construction and sisting of a 13-foot anchorage, an 18-foot an- ordinates 378120.68, 144540.38; thence running improvements. chorage, a 21-foot channel, and 18-foot chan- north 3 degrees 50 minutes 3.1 seconds west SEC. 113. With respect to the property cov- nels described by the following shall no 1,407.47 feet to an end point (26) with coordi- ered by the deed described in Auditor’s in- longer be authorized after the date of enact- nates 378026.56, 145944.71; and the 18-Foot strument No. 2006–014428 of Benton County, ment of this Act: the 21-Foot Entrance Chan- East Channel beginning at a point (23) with Washington, approximately 1.5 acres, the fol- nel, beginning at a point (1) with coordinates coordinates 376684.14, 147467.05; thence run- lowing deed restrictions are hereby extin- 374986.03, 150611.01; thence running south 46 ning north 2 degrees 10 minutes 43.3 seconds guished and of no further force and effect: degrees 54 minutes 30.7 seconds east 900.01 west 262.95 feet to a point (31) with coordi- (1) The reversionary interest and use re- feet to a point (2) with coordinates 375643.27, nates 376674.14, 147729.81; thence running strictions related to port and industrial pur- 149996.16; thence running south 8 degrees 4 north 9 degrees 42 minutes 20.3 seconds west poses; minutes 58.3 east 2,376.87 feet to a point (3) 301.35 feet to a point (32) with coordinates (2) The right for the District Engineer to with coordinates 375977.47, 147643.00; thence 376623.34, 148026.85; thence running south 80 review all pre-construction plans and/or running south 4 degrees 28 minutes 20.4 sec- degrees 17 minutes 42.4 seconds west 313.6 specifications pertaining to construction onds west 738.56 feet to a point (4) with co- feet to a point (33) with coordinates 376314.23, and/or maintenance of any structure in- ordinates 375919.88, 146906.60; thence running 147973.99; thence running north 7 degrees 47 tended for human habitation, other building south 6 degrees 2 minutes 42.4 seconds east minutes 21.9 seconds west 776.24 feet to an structure, parking lots, or roads, if the ele- 1,144.00 feet to a point (5) with coordinates end point (34) with coordinates 376209.02, vation of the property is above the standard 376040.35, 145768.96; thence running south 34 148743.06; and the 18-Foot North Anchorage project flood elevation; and degrees 5 minutes 51.7 seconds west 707.11 beginning at a point (35) with coordinates (3) The right of the District Engineer to feet to a point (6) with coordinates 375643.94, 376123.98, 148744.69; thence running south 88 object to, and thereby prevent, in his/her dis- 145183.41; thence running south 73 degrees 11 degrees 54 minutes 16.2 seconds east 377.90 cretion, such activity. minutes 42.9 seconds west 1,300.00 feet to the feet to a point (36) with coordinates 376501.82, SEC. 114. That portion of the project for end point (7) with coordinates 374399.46, 148737.47; thence running north 9 degrees 42 navigation, Block Island Harbor of Refuge, 144807.57; Returning at a point with coordi- minutes 19.0 seconds west 500.01 feet to a Rhode Island adopted by the Rivers and Har- nates (8) with coordinates 374500.64, 144472.51; point (37) with coordinates 376417.52, bors Act of July 11, 1870, consisting of the thence running north 73 degrees 11 minutes 149230.32; thence running north 6 degrees 9 cut-stone breakwater lining the west side of 42.9 seconds east 1,582.85 feet to a point (9) minutes 53.2 seconds west 1,300.01 feet to an the Inner Basin; beginning at a point with with coordinates 376015.90, 144930.13; thence end point (38) with coordinates 376277.92, coordinates N32579.55, E312625.53, thence run- running north 34 degrees 5 minutes 51.7 sec- 150522.81. ning northerly about 76.59 feet to a point onds east 615.54 feet to a point (10) with co- (b) The area described by the following with coordinates N32655.92, E312631.32, thence ordinates 376360.97, 145439.85; thence running shall be redesignated as an eighteen-foot running northerly about 206.81 feet to a point north 2 degrees 10 minutes 43.3 seconds west channel and turning basin: Beginning at a with coordinates N32858.33, E312673.74, thence 2,236.21 feet to a point (11) with coordinates point (1) with coordinates N144759.41, running easterly about 109.00 feet to a point 376275.96, 147674.45; thence running north 8 E374413.16; thence running north 73 degrees 11 with coordinates N32832.15, E312779.54, shall degrees 4 minutes 55.6 seconds west 2,652.83 minutes 42.9 seconds east 1,252.88 feet to a no longer be authorized after the date of en- feet to a point (12) with coordinates 375902.99, point (2) with coordinates N145121.63, actment. 150300.93; thence running north 46 degrees 54 E375612.53; thence running north 26 degrees 29 SEC. 115. The Secretary of the Army, act- minutes 30.7 seconds west 881.47 feet to an minutes 48.1 seconds east 778.89 feet to a ing through the Chief of Engineers, is au- end point (13) with coordinates 375259.29, point (3) with coordinates N145818.71, thorized, using amounts available in the Re- 150903.12; and the 18-Foot South Goat Island E375960.04; thence running north 0 degrees 3 volving Fund established by section 101 of Channel beginning at a point (14) with co- minutes 38.1 seconds west 1,200.24 feet to a the Act of July 27, 1953, chap. 245 (33 U.S.C. ordinates 375509.09, 149444.83; thence running point (4) with coordinates N147018.94, 576), to construct a Consolidated Infrastruc- south 25 degrees 44 minutes 0.5 second east E375958.77; thence running north 2 degrees 22 ture Research Equipment Facility, an Envi- 430.71 feet to a point (15) with coordinates minutes 45.2 seconds east 854.35 feet to a ronmental Processes and Risk Lab, a Hy- 375696.10, 149056.84; thence running south 10 point (5) with coordinates N147872.56, draulic Research Facility, an Engineer Re- degrees 13 minutes 27.4 seconds east 1,540.89 E375994.23; thence running north 7 degrees 47 search and Development Center headquarters feet to a point (16) with coordinates 375969.61, minutes 21.9 seconds west 753.83 feet to a building, a Modular Hydraulic Flume build- 147540.41; thence running south 4 degrees 29 point (6) with coordinates N148619.44, ing, and to purchase real estate, perform minutes 11.3 seconds west 1,662.92 feet to a E375892.06; thence running north 88 degrees 46 construction, and make facility, utility, point (17) with coordinates 375839.53, minutes 16.7 seconds east 281.85 feet to a street, road, and infrastructure improve- 145882.59; thence running south 34 degrees 5 point (7) with coordinates N148625.48, ments to the Engineer Research and Devel- minutes 51.7 seconds west 547.37 feet to a E376173.85; thence running south 7 degrees 47 opment Center’s installations and facilities. point (18) with coordinates 375532.67, minutes 21.9 seconds east 716.4 feet to a point The Secretary shall ensure that the Revolv- 145429.32; thence running south 86 degrees 47 (8) with coordinates N147915.69, E376270.94; ing Fund is appropriately reimbursed from minutes 37.7 seconds west 600.01 feet to an thence running north 80 degrees 17 minutes the benefitting appropriations. end point (19) with coordinates 374933.60, 42.3 seconds east 315.3 feet to a point (9) with SEC. 116. Section 1148 of the Water Re- 145395.76; and the 18-Foot Entrance Channel coordinates N147968.85, E.76581.73; thence run- sources Development Act of 1986 (100 Stat. beginning at a point (20) with coordinates ning south 9 degrees 42 minutes 20.3 seconds 4254; 110 Stat. 3718; 114 Stat. 2609) is amended by striking subsection (b) and inserting the 374567.14, 144252.33; thence running north 73 east 248.07 feet to a point (10) with coordi- following: degrees 11 minutes 42.9 seconds east 1,899.22 nates N147724.33, E376623.55; thence running ‘‘(b) DISPOSITION OF ACQUIRED LAND.—The feet to a point (21) with coordinates 376385.26, south 2 degrees 10 minutes 43.3 seconds east Secretary may transfer land acquired under 144801.42; thence running north 2 degrees 10 318.09 feet to a point (11) with coordinates this section to the non-Federal sponsor by minutes 41.5 seconds west 638.89 feet to an N147406.47, E376635.64; thence running north quitclaim deed subject to such terms and end point (10) with coordinates 376360.97, 78 degrees 56 minutes 15.6 seconds east 571.11 conditions as the Secretary determines to be 145439.85; and the 18-Foot South Anchorage feet to a point (12) with coordinates in the public interest.’’. beginning at a point (22) with coordinates N147516.06, E377196.15; thence running south SEC. 117. The New London Disposal Site 376286.81, 147389.37; thence running north 78 88 degrees 57 minutes 2.3 seconds east 755.09 and the Cornfield Shoals Disposal Site in degrees 56 minutes 15.6 seconds east 404.86 feet to a point (13) with coordinates Long Island Sound selected by the Depart- feet to a point (23) with coordinates 376684.14, N147502.23, E377951.11; thence running south 1 ment of the Army as alternative dredged ma- 147467.05; thence running north 78 degrees 56 degree 2 minutes 57.7 seconds west 100.00 feet terial disposal sites under section 103(b) of minutes 15.6 seconds east 1,444.33 feet to a to a point (14) with coordinates N147402.25, the Marine Protection, Research, and Sanc- point (24) with coordinates 378101.63, E377949.28; thence running north 88 degrees 57 tuaries Act of 1972, as amended, shall remain 147744.18; thence running south 5 degrees 18 minutes 2.3 seconds west 744.48 feet to a open until completion of a Supplemental En- minutes 43.8 seconds west 1,228.20 feet to a point (15) with coordinates N147415.88, vironmental Impact Statement to support point (25) with coordinates 377987.92, E377204.92; thence running south 78 degrees 56 final designation of an Ocean Dredged Mate- 146521.26; thence running south 3 degrees 50 minutes 15.6 seconds west 931.17 feet to a rial Disposal Site in eastern Long Island minutes 3.4 seconds east 577.84 feet to a point point (16) with coordinates N147237.21, Sound under section 102(c) of the Marine (26) with coordinates 378026.56, 145944.71; E376291.06; thence running south 39 degrees 26 Protection, Research, and Sanctuaries Act of thence running south 44 degrees 32 minutes minutes 18.7 seconds west 208.34 feet to a 1972. 14.7 seconds west 2,314.09 feet to a point (27) point (17) with coordinates N147076.31,

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7460 CONGRESSIONAL RECORD — SENATE November 15, 2011 E376158.71; thence running south 0 degrees 3 Provided further, That none of the funds made any program, project, or activity in the minutes 38.1 seconds east 1,528.26 feet to a available under this heading may be used for other category, unless prior approval is re- point (18) with coordinates N145548.05, the acquisition or leasing of water for in- ceived from the Committees on Appropria- E376160.32; thence running south 26 degrees 29 stream purposes if the water is already com- tions of the House of Representatives and minutes 48.1 seconds west 686.83 feet to a mitted to in-stream purposes by a court the Senate; or point (19) with coordinates N144933.37, adopted decree or order. (7) transfers, where necessary to discharge E375853.90; thence running south 73 degrees 11 CALIFORNIA BAY-DELTA RESTORATION legal obligations of the Bureau of Reclama- minutes 42.9 seconds west 1,429.51 feet to end (INCLUDING TRANSFERS OF FUNDS) tion, more than $5,000,000 to provide ade- at a point (20) with coordinates N144520.08, quate funds for settled contractor claims, in- For carrying out activities authorized by E374485.44. creased contractor earnings due to acceler- the Water Supply, Reliability, and Environ- ated rates of operations, and real estate defi- TITLE II mental Improvement Act, consistent with ciency judgments, unless prior approval is DEPARTMENT OF THE INTERIOR plans to be approved by the Secretary of the received from the Committees on Appropria- Interior, $39,651,000, to remain available until CENTRAL UTAH PROJECT tions of the House of Representatives and expended, of which such amounts as may be CENTRAL UTAH PROJECT COMPLETION ACCOUNT the Senate. necessary to carry out such activities may For carrying out activities authorized by (b) Subsection (a)(5) shall not apply to any be transferred to appropriate accounts of transfer of funds within the Facilities Oper- the Central Utah Project Completion Act, other participating Federal agencies to carry $28,991,000, to remain available until ex- ation, Maintenance, and Rehabilitation cat- out authorized purposes: Provided, That egory. pended, of which $2,000,000 shall be deposited funds appropriated herein may be used for into the Utah Reclamation Mitigation and (c) For purposes of this section, the term the Federal share of the costs of CALFED ‘‘transfer’’ means any movement of funds Conservation Account for use by the Utah Program management: Provided further, That Reclamation Mitigation and Conservation into or out of a program, project, or activity. the use of any funds provided to the Cali- (d) The Bureau of Reclamation shall sub- Commission, and of which $1,550,000 for nec- fornia Bay-Delta Authority for program-wide essary expenses incurred in carrying out remit reports on a quarterly basis to the Com- management and oversight activities shall mittees on Appropriations of the House of lated responsibilities of the Secretary of the be subject to the approval of the Secretary of Interior. For fiscal year 2012, the Commis- Representatives and the Senate detailing all the Interior: Provided further, That CALFED the funds reprogrammed between programs, sion may use an amount not to exceed implementation shall be carried out in a bal- $1,500,000 for administrative expenses. projects, activities, or categories of funding. anced manner with clear performance meas- The first quarterly report shall be submitted WATER AND RELATED RESOURCES ures demonstrating concurrent progress in not later than 60 days after the date of en- (INCLUDING TRANSFERS OF FUNDS) achieving the goals and objectives of the actment of this Act. The following appropriations shall be ex- Program. SEC. 202. (a) None of the funds appropriated pended to execute authorized functions of POLICY AND ADMINISTRATION or otherwise made available by this Act may the Bureau of Reclamation: For necessary expenses of policy, adminis- be used to determine the final point of dis- For management, development, and res- tration, and related functions in the Office of charge for the interceptor drain for the San toration of water and related natural re- the Commissioner, the Denver office, and of- Luis Unit until development by the Sec- sources and for related activities, including fices in the five regions of the Bureau of Rec- retary of the Interior and the State of Cali- the operation, maintenance, and rehabilita- lamation, to remain available until Sep- fornia of a plan, which shall conform to the tion of reclamation and other facilities, par- tember 30, 2013, $60,000,000, to be derived from water quality standards of the State of Cali- ticipation in fulfilling related Federal re- the Reclamation Fund and be nonreimburs- fornia as approved by the Administrator of sponsibilities to Native Americans, and re- able as provided in 43 U.S.C. 377: Provided, the Environmental Protection Agency, to lated grants to, and cooperative and other That no part of any other appropriation in minimize any detrimental effect of the San agreements with, State and local govern- this Act shall be available for activities or Luis drainage waters. ments, federally recognized Indian tribes, functions budgeted as policy and administra- (b) The costs of the Kesterson Reservoir and others, $885,670,000, to remain available tion expenses. Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be until expended, of which $10,698,000 shall be GENERAL PROVISIONS—DEPARTMENT classified by the Secretary of the Interior as available for transfer to the Upper Colorado OF THE INTERIOR River Basin Fund and $6,136,000 shall be reimbursable or nonreimbursable and col- SEC. 201. (a) None of the funds provided in available for transfer to the Lower Colorado lected until fully repaid pursuant to the title II of this Act for Water and Related Re- River Basin Development Fund; of which ‘‘Cleanup Program-Alternative Repayment sources, or provided by previous appropria- such amounts as may be necessary may be Plan’’ and the ‘‘SJVDP-Alternative Repay- tions Acts to the agencies or entities funded advanced to the Colorado River Dam Fund: ment Plan’’ described in the report entitled in title II of this Act for Water and Related Provided, That such transfers may be in- ‘‘Repayment Report, Kesterson Reservoir Resources that remain available for obliga- creased or decreased within the overall ap- Cleanup Program and San Joaquin Valley tion or expenditure in fiscal year 2010, shall propriation under this heading: Provided fur- Drainage Program, February 1995’’, prepared be available for obligation or expenditure ther, That of the total appropriated, the by the Department of the Interior, Bureau of through a reprogramming of funds that— amount for program activities that can be fi- Reclamation. Any future obligations of funds (1) initiates or creates a new program, nanced by the Reclamation Fund or the Bu- by the United States relating to, or pro- project, or activity; reau of Reclamation special fee account es- viding for, drainage service or drainage stud- (2) eliminates a program, project, or activ- tablished by 16 U.S.C. 460l-6a(i) shall be de- ies for the San Luis Unit shall be fully reim- ity; rived from that Fund or account: Provided bursable by San Luis Unit beneficiaries of (3) increases funds for any program, further, That funds contributed under 43 such service or studies pursuant to Federal project, or activity for which funds have U.S.C. 395 are available until expended for reclamation law. been denied or restricted by this Act, unless the purposes for which contributed: Provided SEC. 203. Section 529(b)(3) of Public Law prior approval is received from the Commit- further, That funds advanced under 43 U.S.C. 106–541, as amended by section 115 of Public tees on Appropriations of the House of Rep- 397a shall be credited to this account and are Law 109–103, is further amended by striking resentatives and the Senate; available until expended for the same pur- ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’ in (4) restarts or resumes any program, poses as the sums appropriated under this lieu thereof. project or activity for which funds are not SEC. 204. Section 8 of the Water Desalina- heading: Provided further, That of the provided in this Act, unless prior approval is tion Act of 1996 (42 U.S.C. 10301 note; Public amounts provided herein, funds may be used received from the Committees on Appropria- Law 104–298) is amended— for high priority projects which shall be car- tions of the House of Representatives and (1) in subsection (a), in the first sentence, ried out by the Youth Conservation Corps, as the Senate; by striking ‘‘2011’’ and inserting ‘‘2016’’; and authorized by 16 U.S.C. 1706. (5) transfers funds in excess of the fol- (2) in subsection (b), by striking CENTRAL VALLEY PROJECT RESTORATION FUND lowing limits, unless prior approval is re- ‘‘$25,000,000 for fiscal years 1997 through 2011’’ For carrying out the programs, projects, ceived from the Committees on Appropria- and inserting ‘‘$3,000,000 for each of fiscal plans, habitat restoration, improvement, and tions of the House of Representatives and years 2012 through 2016’’. acquisition provisions of the Central Valley the Senate: SEC. 205. (a) PERMITTED USES.—Section Project Improvement Act, $53,068,000, to be (A) 15 percent for any program, project or 2507(b) of the Farm Security and Rural In- derived from such sums as may be collected activity for which $2,000,000 or more is avail- vestment Act of 2002 (43 U.S.C. 2211 note; in the Central Valley Project Restoration able at the beginning of the fiscal year; or Public Law 107–171) is amended— Fund pursuant to sections 3407(d), 3404(c)(3), (B) $300,000 for any program, project or ac- (1) in the matter preceding paragraph (1), and 3405(f) of Public Law 102–575, to remain tivity for which less than $2,000,000 is avail- by striking ‘‘In any case in which there are available until expended: Provided, That the able at the beginning of the fiscal year; willing sellers’’ and inserting ‘‘For the ben- Bureau of Reclamation is directed to assess (6) transfers more than $500,000 from either efit of at-risk natural desert terminal lakes and collect the full amount of the additional the Facilities Operation, Maintenance, and and associated riparian and watershed re- mitigation and restoration payments author- Rehabilitation category or the Resources sources, in any case in which there are will- ized by section 3407(d) of Public Law 102–575: Management and Development category to ing sellers or willing participants’’;

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7461 (2) in paragraph (2), by striking ‘‘in the be considered to meet the conditions de- available until expended: Provided, That Walker River’’ and all that follows through scribed in subparagraphs (A) and (I) of sec- $27,010,000 shall be available until September ‘‘119 Stat. 2268)’’; and tion 3405(a)(1) of the Reclamation Projects 30, 2013 for program direction. (3) in paragraph (3), by striking ‘‘in the Authorization and Adjustment Act of 1992 NUCLEAR ENERGY Walker River Basin’’. (Public Law 102–575; 106 Stat. 4709). For Department of Energy expenses includ- (b) WALKER BASIN RESTORATION PRO- (b) The Secretary of the Interior, acting ing the purchase, construction, and acquisi- GRAM.—Section 208(b) of the Energy and through the Director of the United States tion of plant and capital equipment, and Water Development and Related Agencies Fish and Wildlife Service and the Commis- other expenses necessary for nuclear energy Appropriations Act, 2010 (Public Law 111–85; sioner of the Bureau of Reclamation shall activities in carrying out the purposes of the 123 Stat. 2858) is amended— initiate and complete, on the most expedited Department of Energy Organization Act (42 (1) in paragraph (1)(B)(iv), by striking ‘‘ex- basis practicable, programmatic environ- U.S.C. 7101 et seq.), including the acquisition ercise water rights’’ and inserting ‘‘manage mental compliance so as to facilitate vol- or condemnation of any real property or any land, water appurtenant to the land, and re- untary water transfers within the Central facility or for plant or facility acquisition, lated interests’’; and Valley Project, consistent with all applica- construction, or expansion, and the purchase (2) in paragraph (2)(A), by striking ‘‘The ble Federal and State law. of not more than 10 buses, all for replace- amount made available under subsection (c) Not later than 180 days after the date of ment only, $583,834,000, to remain available (a)(1) shall be provided to the National Fish enactment of this Act and each of the 4 years until expended: Provided, That $86,279,000 and Wildlife Foundation’’ and inserting thereafter, the Commissioner of the Bureau shall be available until September 30, 2013 for ‘‘Any amount made available to the National of Reclamation shall submit to the com- program direction: Provided further, That, Fish and Wildlife Foundation under sub- mittee on Appropriations of the House of notwithstanding any other provision of law, section (a) shall be provided’’. Representatives and the Committee on Ap- the Department shall develop a strategy SEC. 206. The Federal policy for addressing propriations of the Senate a report that de- within 3 months of the publication of the California’s water supply and environmental scribes the status of efforts to help facilitate final report of the Blue Ribbon Commission issues related to the Bay-Delta shall be con- and improve the water transfers within the on America’s Nuclear Future to manage sistent with State law, including the co- Central Valley Project and water transfers spent nuclear fuel and other nuclear waste at equal goals of providing a more reliable between the Central Valley Project and consolidated storage facilities and perma- water supply for the State of California and other water projects in the State of Cali- nent repositories that can be implemented as protecting, restoring, and enhancing the fornia; evaluates potential effects of this Act expeditiously as possible. Delta ecosystem. The Secretary of the Inte- on Federal programs, Indian tribes, Central rior, the Secretary of Commerce, the Army Valley Project operations, the environment, FOSSIL ENERGY RESEARCH AND DEVELOPMENT Corps of Engineers and the Environmental groundwater aquifers, refuges, and commu- (INCLUDING RESCISSION) Protection Agency Administrator shall nities; and provides recommendations on For necessary expenses in carrying out fos- jointly coordinate the efforts of the relevant ways to facilitate and improve the process sil energy research and development activi- agencies and work with the State of Cali- for these transfers. ties, under the authority of the Department fornia and other stakeholders to complete SEC. 209. Section 10009(c)(2) of the San Joa- of Energy Organization Act (Public Law 95– and issue the Bay Delta Conservation Plan quin River Restoration Settlement Act (Pub- 91), including the acquisition of interest, in- Final Environmental Impact Statement no lic Law 111–11; 123 Stat. 1356) is amended by cluding defeasible and equitable interests in later than February 15, 2013. Nothing herein striking ‘‘October 1, 2019, all funds in the any real property or any facility or for plant modifies existing requirements of Federal Fund shall be available for expenditure with- or facility acquisition or expansion, and for law. out further appropriation.’’ and inserting conducting inquiries, technological inves- SEC. 207. The Secretary of the Interior may ‘‘October 1, 2014, all funds in the Fund shall participate in non-Federal groundwater tigations and research concerning the ex- be available for expenditure on an annual banking programs to increase the oper- traction, processing, use, and disposal of basis in an amount not to exceed $40,000,000 ational flexibility, reliability, and efficient mineral substances without objectionable so- without further appropriation.’’ in lieu use of water in the State of California, and cial and environmental costs (30 U.S.C. 3, thereof. this participation may include making pay- 1602, and 1603), $445,471,000, to remain avail- ment for the storage of Central Valley TITLE III able until expended: Provided, That Project water supplies, the purchase of DEPARTMENT OF ENERGY $151,729,000 shall be available until Sep- tember 30, 2013 for program direction: Pro- stored water, the purchase of shares or an in- ENERGY PROGRAMS vided further, That for all programs funded terest in ground banking facilities, or the ENERGY EFFICIENCY AND RENEWABLE ENERGY use of Central Valley Project water as a me- under Fossil Energy appropriations in this For Department of Energy expenses includ- dium of payment for groundwater banking Act or any other Act, the Secretary may ing the purchase, construction, and acquisi- services: Provided, That the Secretary of the vest fee title or other property interests action of plant and capital equipment, and Interior shall participate in groundwater quired under projects in any entity, includ- other expenses necessary for energy effi- banking programs only to the extent allowed ing the United States: Provided further, That ciency and renewable energy activities in under State law and consistent with water of prior-year balances, $187,000,000 are hereby carrying out the purposes of the Department rights applicable to the Central Valley rescinded: Provided further, That no rescis- of Energy Organization Act (42 U.S.C. 7101 et Project: Provided further, That any water sion made by the previous proviso shall seq.), including the acquisition or condemna- user to which banked water is delivered shall apply to any amount previously appropriated tion of any real property or any facility or pay for such water in the same manner pro- in Public Law 111–5 or designated by the for plant or facility acquisition, construc- vided by that water user’s then-current Cen- Congress as an emergency requirement pur- tion, or expansion, $1,795,641,000, to remain tral Valley Project water service, repay- suant to a concurrent resolution on the available until expended: Provided, That ment, or water rights settlement contract at budget or the Balanced Budget and Emer- $165,000,000 shall be available until Sep- the rate provided by the then-current Cen- gency Deficit Control Act of 1985. tember 30, 2013 for program direction: Pro- tral-Valley Project Irrigation or Municipal NAVAL PETROLEUM AND OIL SHALE RESERVES vided further, That of the amount appro- and Industrial Rate Setting Policies; and: For expenses necessary to carry out naval priated, the Secretary may use not more Provided further, That in implementing this petroleum and oil shale reserve activities, than $170,000,000 for activities of the Depart- section, the Secretary of the Interior shall $14,909,000, to remain available until ex- ment of Energy pursuant to the Defense Pro- comply with applicable environmental laws, pended: Provided, That, notwithstanding any duction Act of 1950 (50 U.S.C. App. 2061, et including the National Environmental Pol- other provision of law, unobligated funds re- seq.): Provided further, That within 12 months icy Act of 1969 (42 U.S.C. 4321 et seq.) and the maining from prior years shall be available of the date of enactment, the Secretary shall Endangered Species Act of 1973 (16 U.S.C. for all naval petroleum and oil shale reserve initiate separate rulemakings to establish 1531 et seq.) Nothing herein shall alter or activities. efficiency standards for televisions and set limit the Secretary’s existing authority to top television boxes. STRATEGIC PETROLEUM RESERVE use groundwater banking to meet existing For necessary expenses for Strategic Pe- fish and wildlife obligations. ELECTRICITY DELIVERY AND ENERGY troleum Reserve facility development and SEC. 208. (a) Subject to compliance with all RELIABILITY applicable Federal and State laws, a transfer For Department of Energy expenses includ- operations and program management activi- of irrigation water among Central Valley ing the purchase, construction, and acquisi- ties pursuant to the Energy Policy and Con- Project contractors from the Friant, San tion of plant and capital equipment, and servation Act of 1975, as amended (42 U.S.C. Felipe, West San Joaquin, and Delta divi- other expenses necessary for electricity de- 6201 et seq.), $192,704,000, to remain available sions, and a transfer from a long-term Friant livery and energy reliability activities in until expended. Division water service or repayment con- carrying out the purposes of the Department SPR PETROLEUM ACCOUNT tractor to a temporary or prior temporary of Energy Organization Act (42 U.S.C. 7101 et Notwithstanding sections 161 and 167 of the service contractors within the place of use in seq.), including the acquisition or condemna- Energy Policy and Conservation Act (42 existence on the date of the transfer, as iden- tion of any real property or any facility or U.S.C. 6241, 6247), the Secretary of Energy tified in the Bureau of Reclamation water for plant or facility acquisition, construc- shall sell $500,00,000 in petroleum products rights permits for the Friant Division, shall tion, or expansion, $141,010,000, to remain from the Reserve not later than March 1,

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2012, and shall deposit any proceeds from appropriated to remain available until ex- DEPARTMENTAL ADMINISTRATION such sales in the General Fund of the Treas- pended: Provided, That the amounts in this For salaries and expenses of the Depart- ury: Provided, That paragraphs (a)(1) and (2) section are in addition to those provided in ment of Energy necessary for departmental of section 160 of the Energy Policy and Con- any other Act: Provided further, That, not- administration in carrying out the purposes servation Act of 1975 (42 U.S.C. 6240(a)(1) and withstanding section 1703(a)(2) of the Energy of the Department of Energy Organization (2)) are hereby repealed: Provided further, Policy Act of 2005, funds appropriated for the Act (42 U.S.C. 7101 et seq.), including the hire That unobligated balances in this account cost of loan guarantees are also available for of passenger motor vehicles and official re- shall be available to cover the costs of any projects for which an application has been ception and representation expenses not to sale under this Act. submitted to the Department of Energy prior exceed $30,000, $237,623,000, to remain avail- NORTHEAST HOME HEATING OIL RESERVE to February 24, 2011, in whole or in part, for able until expended, plus such additional a loan guarantee under 1705 of the Energy amounts as necessary to cover increases in (INCLUDING RESCISSION) Policy Act of 2005: Provided further, That an the estimated amount of cost of work for For necessary expenses for Northeast additional amount for necessary administra- others notwithstanding the provisions of the Home Heating Oil Reserve storage, oper- tive expenses to carry out this Loan Guar- Anti-Deficiency Act (31 U.S.C. 1511 et seq.): ation, and management activities pursuant antee program, $38,000,000 is appropriated, to Provided, That such increases in cost of work to the Energy Policy and Conservation Act, remain available until expended: Provided are offset by revenue increases of the same $10,119,000, to remain available until ex- further, That $38,000,000 of the fees collected or greater amount, to remain available until pended: Provided, That amounts net of the pursuant to section 1702(h) of the Energy expended: Provided further, That moneys re- purchase of 1 million barrels of petroleum Policy Act of 2005 shall be credited as offset- ceived by the Department for miscellaneous distillates in fiscal year 2011; costs related to ting collections to this account to cover ad- revenues estimated to total $111,883,000 in transportation, delivery, and storage; and ministrative expenses and shall remain fiscal year 2012 may be retained and used for sales of petroleum distillate from the Re- available until expended, so as to result in a operating expenses within this account, and serve under section 182 of the Energy Policy final fiscal year 2011 appropriations from the may remain available until expended, as au- and Conservation Act of 1975 (42 U.S.C. 6250a) general fund estimated at not more than $0: thorized by section 201 of Public Law 95–238, are hereby rescinded. Provided further, That fees collected under notwithstanding the provisions of 31 U.S.C. ENERGY INFORMATION ADMINISTRATION section 1702(h) in excess of the amount ap- 3302: Provided further, That the sum herein For necessary expenses in carrying out the propriated for administrative expenses shall appropriated shall be reduced by the amount activities of the Energy Information Admin- not be available until appropriated: Provided of miscellaneous revenues received during istration, $105,000,000, to remain available further, That for amounts collected pursuant 2012, and any related appropriated receipt ac- until expended. to section 1702(b)(2) of the Energy Policy Act count balances remaining from prior years’ miscellaneous revenues, so as to result in a NON-DEFENSE ENVIRONMENTAL CLEANUP of 2005, the source of such payment received from borrowers is not a loan or other debt final fiscal year 2012 appropriation from the For Department of Energy expenses, in- obligation that is guaranteed by the Federal general fund estimated at not more than cluding the purchase, construction, and ac- Government: Provided further, That pursuant $125,740,000. quisition of plant and capital equipment and to section 1702(b)(2) of the Energy Policy Act OFFICE OF THE INSPECTOR GENERAL other expenses necessary for non-defense en- of 2005, no appropriations are available to For necessary expenses of the Office of the vironmental cleanup activities in carrying pay the subsidy cost of such guarantees for Inspector General in carrying out the provi- out the purposes of the Department of En- nuclear power or fossil energy facilities: Pro- sions of the Inspector General Act of 1978, as ergy Organization Act (42 U.S.C. 7101 et seq.), vided further, That none of the loan guar- amended, $41,774,000, to remain available including the acquisition or condemnation of antee authority made available in this Act until expended. any real property or any facility or for plant shall be available for commitments to guar- or facility acquisition, construction, or ex- ATOMIC ENERGY DEFENSE ACTIVITIES antee loans for any projects where funds, pansion, $219,121,000, to remain available NATIONAL NUCLEAR SECURITY personnel, or property (tangible or intan- until expended. ADMINISTRATION gible) of any Federal agency, instrumen- WEAPONS ACTIVITIES URANIUM ENRICHMENT DECONTAMINATION AND tality, personnel or affiliated entity are ex- DECOMMISSIONING FUND pected to be used (directly or indirectly) For Department of Energy expenses, in- For necessary expenses in carrying out through acquisitions, contracts, demonstra- cluding the purchase, construction, and ac- uranium enrichment facility decontamina- tions, exchanges, grants, incentives, leases, quisition of plant and capital equipment and other incidental expenses necessary for tion and decommissioning, remedial actions, procurements, sales, other transaction au- atomic energy defense weapons activities in and other activities of title II of the Atomic thority, or other arrangements, to support carrying out the purposes of the Department Energy Act of 1954, and title X, subtitle A, of the project or to obtain goods or services of Energy Organization Act (42 U.S.C. 7101 et the Energy Policy Act of 1992, $429,000,000, to from the project: Provided further, That the seq.), including the acquisition or condemna- be derived from the Uranium Enrichment previous provision shall not be interpreted as tion of any real property or any facility or Decontamination and Decommissioning precluding the use of the loan guarantee au- for plant or facility acquisition, construc- Fund, to remain available until expended. thority in this Act for commitment to guar- tion, or expansion, the purchase of not to ex- antee loans for projects as a result of such SCIENCE ceed one ambulance and one aircraft; projects benefiting from (a) otherwise allow- For Department of Energy expenses includ- $7,190,000,000, to remain available until ex- able Federal income tax benefits; (b) being ing the purchase, construction, and acquisi- pended. located on Federal land pursuant to a lease tion of plant and capital equipment, and DEFENSE NUCLEAR NONPROLIFERATION other expenses necessary for science activi- or right-of-way agreement for which all con- (INCLUDING RESCISSION) ties in carrying out the purposes of the De- sideration for all uses is (i) paid exclusively partment of Energy Organization Act (42 in cash, (ii) deposited in the Treasury as off- For Department of Energy expenses, in- U.S.C. 7101 et seq.), including the acquisition setting receipts, and (iii) equal to the fair cluding the purchase, construction, and ac- or condemnation of any real property or fa- market value as determined by the head of quisition of plant and capital equipment and cility or for plant or facility acquisition, the relevant Federal agency; (c) Federal in- other incidental expenses necessary for de- construction, or expansion, and purchase of surance programs, including Price-Anderson; fense nuclear nonproliferation activities, in not more than 49 passenger motor vehicles or (d) for electric generation projects, use of carrying out the purposes of the Department for replacement only, including one ambu- transmission facilities owned or operated by of Energy Organization Act (42 U.S.C. 7101 et lance and one bus, $4,842,665,000, to remain a Federal Power Marketing Administration seq.), including the acquisition or condemna- available until expended: Provided, That or the Tennessee Valley Authority that have tion of any real property or any facility or $180,786,000 shall be available until Sep- been authorized, approved, and financed for plant or facility acquisition, construc- tember 30, 2013 for program direction. independent of the project receiving the tion, or expansion, and the purchase of not guarantee: Provided further, That none of the to exceed one passenger motor vehicle for re- ADVANCED RESEARCH PROJECTS AGENCY— loan guarantee authority made available in placement only, $2,404,300,000, to remain ENERGY this Act shall be available for any project available until expended: Provided, That of For necessary expenses in carrying out the unless the Director of the Office of Manage- the unobligated balances available under activities authorized by section 5012 of the ment and Budget has certified in advance in this heading, $21,000,000 are hereby rescinded. America COMPETES Act (Public Law 110– writing that the loan guarantee and the NAVAL REACTORS 69), as amended, $250,000,000, to remain avail- project comply with the provisions under For Department of Energy expenses nec- able until expended. this title. essary for naval reactors activities to carry TITLE 17 INNOVATIVE TECHNOLOGY LOAN out the Department of Energy Organization ADVANCED TECHNOLOGY VEHICLES GUARANTEE PROGRAM Act (42 U.S.C. 7101 et seq.), including the ac- MANUFACTURING LOAN PROGRAM Subject to section 502 of the Congressional quisition (by purchase, condemnation, con- Budget Act of 1974, for the cost of loan guar- For administrative expenses in carrying struction, or otherwise) of real property, antees for renewable energy or efficient end- out the Advanced Technology Vehicles Man- plant, and capital equipment, facilities, and use energy technologies under section 1703 of ufacturing Loan Program, $6,000,000, to re- facility expansion, $1,100,000,000, to remain the Energy Policy Act of 2005, $200,000,000 is main available until expended. available until expended.

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OFFICE OF THE ADMINISTRATOR power and wheeling expenses shall be cred- priated, not more than $3,375,000 is for de- For necessary expenses of the Office of the ited to this account as offsetting collections, posit into the Utah Reclamation Mitigation Administrator in the National Nuclear Secu- to remain available until expended for the and Conservation Account pursuant to title rity Administration, including official recep- sole purpose of making purchase power and IV of the Reclamation Projects Authoriza- tion and representation expenses not to ex- wheeling expenditures: Provided further, That tion and Adjustment Act of 1992: Provided ceed $12,000,$404,000,000, to remain available for purposes of this appropriation, annual ex- further, That notwithstanding 31 U.S.C. 3302, until September 30, 2013. penses means expenditures that are gen- up to $306,541,000 collected by the Western erally recovered in the same year that they ENVIRONMENTAL AND OTHER DEFENSE Area Power Administration pursuant to the are incurred (excluding purchase power and ACTIVITIES Flood Control Act of 1944 and the Reclama- wheeling expenses). tion Project Act of 1939 to recover purchase DEFENSE ENVIRONMENTAL CLEANUP OPERATION AND MAINTENANCE, power and wheeling expenses shall be cred- For Department of Energy expenses, in- SOUTHWESTERN POWER ADMINISTRATION ited to this account as offsetting collections, cluding the purchase, construction, and ac- For necessary expenses of operation and to remain available until expended for the quisition of plant and capital equipment and maintenance of power transmission facilities sole purpose of making purchase power and other expenses necessary for atomic energy and of marketing electric power and energy, wheeling expenditures: Provided further, That defense environmental cleanup activities in for construction and acquisition of trans- for purposes of this appropriation, annual ex- carrying out the purposes of the Department mission lines, substations and appurtenant penses means expenditures that are gen- of Energy Organization Act (42 U.S.C. 7101 et facilities, and for administrative expenses, erally recovered in the same year that they seq.), including the acquisition or condemna- including official reception and representa- are incurred (excluding purchase power and tion of any real property or any facility or tion expenses in an amount not to exceed wheeling expenses). for plant or facility acquisition, construc- $1,500 in carrying out section 5 of the Flood FALCON AND AMISTAD OPERATING AND tion, or expansion, and the purchase of not Control Act of 1944 (16 U.S.C. 825s), as applied MAINTENANCE FUND to exceed one ambulances and one fire truck to the Southwestern Power Administration, For operation, maintenance, and emer- for replacement only, $5,002,308,000, to re- $45,010,000, to remain available until ex- gency costs for the hydroelectric facilities at main available until expended: Provided, pended: Provided, That notwithstanding 31 the Falcon and Amistad Dams, $4,169,000, to That $321,628,000 shall be available until Sep- U.S.C. 3302 and section 5 of the Flood Control remain available until expended, and to be tember 30, 2013 for program direction. Act of 1944 (16 U.S.C. 825s), up to $33,118,000 derived from the Falcon and Amistad Oper- OTHER DEFENSE ACTIVITIES collected by the Southwestern Power Admin- ating and Maintenance Fund of the Western istration from the sale of power and related For Department of Energy expenses, in- Area Power Administration, as provided in services shall be credited to this account as cluding the purchase, construction, and ac- section 2 of the Act of June 18, 1954 (68 Stat. discretionary offsetting collections, to requisition of plant and capital equipment and 255) as amended: Provided, That notwith- main available until expended, for the sole other expenses, necessary for atomic energy standing the provisions of that Act and of 31 purpose of funding the annual expenses of defense, other defense activities, and classi- U.S.C. 3302, up to $3,949,000 collected by the the Southwestern Power Administration: fied activities, in carrying out the purposes Western Area Power Administration from Provided further, That the sum herein appro- of the Department of Energy Organization the sale of power and related services from priated for annual expenses shall be reduced Act (42 U.S.C. 7101 et seq.), including the ac- the Falcon and Amistad Dams shall be cred- as collections are received during the fiscal quisition or condemnation of any real prop- ited to this account as discretionary offset- year so as to result in a final fiscal year 2012 erty or any facility or for plant or facility ting collections, to remain available until appropriation estimated at not more than acquisition, construction, or expansion, and expended for the sole purpose of funding the $11,892,000: Provided further, That, notwith- the purchase of not to exceed 10 passenger annual expenses of the hydroelectric facili- standing 31 U.S.C. 3302, up to $40,000,000 col- motor vehicles for replacement only, ties of these Dams and associated Western lected by the Southwestern Power Adminis- $819,000,000, to remain available until ex- Area Power Administration activities: Pro- tration pursuant to the Flood Control Act of pended. vided further, That the sum herein appro- 1944 to recover purchase power and wheeling POWER MARKETING ADMINISTRATION priated for annual expenses shall be reduced expenses shall be credited to this account as as collections are received during the fiscal BONNEVILLE POWER ADMINISTRATION FUND offsetting collections, to remain available year so as to result in a final fiscal year 2012 Expenditures from the Bonneville Power until expended for the sole purpose of mak- appropriation estimated at not more than Administration Fund, established pursuant ing purchase power and wheeling expendi- $220,000: Provided further, That for purposes to Public Law 93–454, are approved for the tures: Provided further, That for purposes of of this appropriation, annual expenses means Kootenai River Native Fish Conservation this appropriation, annual expenses means expenditures that are generally recovered in Aquaculture Program, Lolo Creek Perma- expenditures that are generally recovered in the same year that they are incurred. nent Weir Facility, and Improving Anad- the same year that they are incurred (ex- romous Fish production on the Warm cluding purchase power and wheeling ex- FEDERAL ENERGY REGULATORY COMMISSION Springs Reservation, and, in addition, for of- penses). SALARIES AND EXPENSES ficial reception and representation expenses CONSTRUCTION, REHABILITATION, OPERATION For necessary expenses of the Federal En- in an amount not to exceed $7,000. During fis- AND MAINTENANCE, WESTERN AREA POWER ergy Regulatory Commission to carry out cal year 2012, no new direct loan obligations ADMINISTRATION the provisions of the Department of Energy may be made. For carrying out the functions authorized Organization Act (42 U.S.C. 7101 et seq.), in- OPERATION AND MAINTENANCE, SOUTHEASTERN by title III, section 302(a)(1)(E) of the Act of cluding services as authorized by 5 U.S.C. POWER ADMINISTRATION August 4, 1977 (42 U.S.C. 7152), and other re- 3109, the hire of passenger motor vehicles, For necessary expenses of operation and lated activities including conservation and and official reception and representation ex- maintenance of power transmission facilities renewable resources programs as authorized, penses not to exceed $3,000,$304,600,000, to re- and of marketing electric power and energy, including official reception and representa- main available until expended: Provided, including transmission wheeling and ancil- tion expenses in an amount not to exceed That notwithstanding any other provision of lary services pursuant to section 5 of the $1,500; $285,900,000, to remain available until law, not to exceed $304,600,000 of revenues Flood Control Act of 1944 (16 U.S.C. 825s), as expended, of which $278,856,000 shall be de- from fees and annual charges, and other applied to the southeastern power area, rived from the Department of the Interior services and collections in fiscal year 2012 $8,428,000, to remain available until ex- Reclamation Fund: Provided, That notwith- shall be retained and used for necessary expended: Provided, That notwithstanding 31 standing 31 U.S.C. 3302, section 5 of the Flood penses in this account, and shall remain U.S.C. 3302 and section 5 of the Flood Control Control Act of 1944 (16 U.S.C. 825s), and sec- available until expended: Provided further, Act of 1944, up to $8,428,000 collected by the tion 1 of the Interior Department Appropria- That the sum herein appropriated from the Southeastern Power Administration from tion Act, 1939 (43 U.S.C. 392a), up to general fund shall be reduced as revenues are the sale of power and related services shall $189,932,000 collected by the Western Area received during fiscal year 2012 so as to re- be credited to this account as discretionary Power Administration from the sale of power sult in a final fiscal year 2012 appropriation offsetting collections, to remain available and related services shall be credited to this from the general fund estimated at not more until expended for the sole purpose of fund- account as discretionary offsetting collec- than $0: Provided further, That not later than ing the annual expenses of the Southeastern tions, to remain available until expended, for 180 days after the date of enactment of this Power Administration: Provided further, That the sole purpose of funding the annual ex- Act, the Commission shall issue such regula- the sum herein appropriated for annual expenses of the Western Area Power Adminis- tions as are necessary to clarify that a State penses shall be reduced as collections are re- tration: Provided further, That the sum here- may establish rates for the wholesale sale of ceived during the fiscal year so as to result in appropriated for annual expenses shall be electric energy in interstate commerce pur- in a final fiscal year 2012 appropriation esti- reduced as collections are received during suant to the Public Utility Regulatory Poli- mated at not more than $0: Provided further, the fiscal year so as to result in a final fiscal cies Act of 1978 such that those rates shall That, notwithstanding 31 U.S.C. 3302, up to year 2012 appropriation estimated at not not unduly discriminate against the quali- $100,162,000 collected by the Southeastern more than $95,968,000, of which $88,924,000 is fying cogeneration facility or qualifying Power Administration pursuant to the Flood derived from the Reclamation Fund: Provided small power production facility selling the Control Act of 1944 to recover purchase further, That of the amount herein appro- electric energy or exceed the costs to

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produce and deliver the electric energy, as (c) CONSISTENCY IN BUDGETING.— SEC. 311. (a) Any determination (including determined for the specific technology at (1) The Secretary of Energy shall ensure a determination made prior to the date of issue. that amounts described in subparagraph (A) enactment of this Act) by the Secretary pur- GENERAL PROVISIONS—DEPARTMENT of paragraph (2) for any fiscal year are con- suant to section 3112(d)(2)(B) of the USEC OF ENERGY sistent with amounts described in subpara- Privatization Act (110 Stat. 1321–335), as graph (B) of paragraph (2) for that fiscal amended, that the sale or transfer of ura- SEC. 301. The unexpended balances of prior appropriations provided for activities in this year. nium will not have an adverse material im- Act may be available to the same appropria- (2) Amounts referred to in paragraph (1) pact on the domestic uranium mining, con- tion accounts for such activities established are the following: version, or enrichment industry shall be pursuant to this title. Available balances (A) The amounts specified in program and valid for not more than 2 calendar years sub- may be merged with funds in the applicable budget information submitted to Congress sequent to such determination. established accounts and thereafter may be by the Secretary of Energy in support of ex- (b) Not less than 30 days prior to the trans- accounted for as one fund for the same time penditure estimates and proposed appropria- fer, sale, barter, distribution, or other provi- period as originally enacted. tions in the budget submitted to Congress by sion of uranium in any form for the purpose SEC. 302. When the Department of Energy the President under section 1105(a) of title of accelerating cleanup at a Federal site, the makes a user facility available to univer- 31, United States Code, for any fiscal year, as Secretary shall notify the House and Senate sities or other potential users, or seeks input shown in the future-years energy program Committees on Appropriations of the fol- from universities or other potential users re- submitted pursuant to subsection (a). lowing: garding significant characteristics or equip- (B) The total amounts of estimated ex- (1) the amount of uranium to be trans- ment in a user facility or a proposed user fa- penditures and proposed appropriations nec- ferred, sold, bartered, distributed, or other- cility, the Department shall ensure broad essary to support the programs, projects, and wise provided; public notice of such availability or such activities of the administration included (2) an estimate by the Secretary of the need for input to universities and other po- pursuant to paragraph (5) of section 1105(a) gross market value of the uranium on the ex- tential users. When the Department of En- of such title in the budget submitted to Con- pected date of the transfer, sale, barter, dis- ergy considers the participation of a univer- gress under that section for any fiscal year. tribution, or other provision of the uranium; SEC. 305. Section 1702 of the Energy Policy sity or other potential user as a formal part- (3) the expected date of transfer, sale, bar- Act of 2005 (42 U.S.C. 16512) is amended— ner in the establishment or operation of a ter, distribution, or other provision of the (1) by striking subsection (b) and inserting user facility, the Department shall employ uranium; the following: full and open competition in selecting such a (4) the recipient of the uranium; and ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- partner. For purposes of this section, the (5) the value of the services the Secretary TION.— term ‘‘user facility’’ includes, but is not lim- expects to receive in exchange for the ura- ‘‘(1) IN GENERAL.—No guarantee shall be ited to: nium, including any reductions to the gross made unless— (1) a user facility as described in section value of the uranium by the recipient. ‘‘(A) an appropriation for the cost of the 2203(a)(2) of the Energy Policy Act of 1992 (42 (c) Not later than June 30, 2012, the Sec- guarantee has been made; U.S.C. 13503(a)(2)); retary shall submit to the House and Senate ‘‘(B) the Secretary has received from the (2) a National Nuclear Security Adminis- Committees on Appropriations a revised ex- borrower a payment in full for the cost of tration Defense Programs Technology De- cess uranium inventory management plan the guarantee and deposited the payment ployment Center/User Facility; and for fiscal years 2013 through 2018. into the Treasury; or (3) any other Departmental facility des- (d) Not later than December 31, 2011 the ‘‘(C) a combination of one or more appro- ignated by the Department as a user facility. Secretary shall submit to the House and priations under subparagraph (A) and one or SEC. 303. Funds appropriated by this or any Senate Committees on Appropriations a re- more payments from the borrower under sub- other Act, or made available by the transfer port evaluating the economic feasibility of paragraph (B) has been made that is suffi- of funds in this Act, for intelligence activi- re-enriching depleted uranium located at cient to cover the cost of the guarantee.’’. ties are deemed to be specifically authorized SEC. 306. Plant or construction projects for Federal sites. by the Congress for purposes of section 504 of which amounts are made available under SEC. 312. (a) The Secretary of Energy may the National Security Act of 1947 (50 U.S.C. this and subsequent appropriation Acts with allow a third party, on a fee-for-service 414) during fiscal year 2012 until the enact- a current estimated cost of less than basis, to operate and maintain a metering ment of the Intelligence Authorization Act $10,000,000 are considered for purposes of sec- station of the Strategic Petroleum Reserve for fiscal year 2012. tion 4703 of Public Law 107–314 as a plant that is underutilized (as defined in section SEC. 304. (a) SUBMISSION TO CONGRESS.—The project for which the approved total esti- 102–75.50 of title 41, Code of Federal Regula- Secretary of Energy shall submit to Con- mated cost does not exceed the minor con- tions (or successor regulations)) and related gress each year, at the time that the Presi- struction threshold and for purposes of sec- equipment. dent’s budget is submitted to Congress that tion 4704 of Public Law 107–314 as a construc- (b) Funds collected under subsection (a) year under section 1105(a) of title 31, United tion project with a current estimated cost of shall be deposited in the general fund of the States Code, a future-years energy program less than a minor construction threshold. Treasury. reflecting the estimated expenditures and SEC. 307. In section 839b(h)(10)(B) of title 16, TITLE IV proposed appropriations included in that United States Code, strike ‘‘$1,000,000’’ and budget. Any such future-years energy pro- insert ‘‘$5,000,000.’’ INDEPENDENT AGENCIES gram shall cover the fiscal year with respect (RESCISSION) APPALACHIAN REGIONAL COMMISSION to which the budget is submitted and at least the four succeeding fiscal years. A fu- SEC. 308. None of the funds in this Act or For expenses necessary to carry out the ture-years energy program shall be included any other Act shall be used to deposit funds programs authorized by the Appalachian Re- in the fiscal year 2014 budget submission to in excess of $25,000,000 from any Federal roy- gional Development Act of 1965, as amended, Congress and every fiscal year thereafter. alties, rents, and bonuses derived from Fed- for necessary expenses for the Federal Co- (b) ELEMENTS.—Each future-years energy eral onshore and off-shore oil and gas leases Chairman and the Alternate on the Appa- program shall contain the following: issued under the Outer Continental Shelf lachian Regional Commission, for payment (1) The estimated expenditures and pro- Lands Act (43 U.S.C. 1331 et seq.) and the of the Federal share of the administrative posed appropriations necessary to support Mineral Leasing Act (30 U.S.C. 181 et seq.) expenses of the Commission, including serv- programs, projects, and activities of the Sec- into the Ultra-Deepwater and Unconven- ices as authorized by 5 U.S.C. 3109, and hire retary of Energy during the 5-fiscal year pe- tional Natural Gas and Other Petroleum Re- of passenger motor vehicles, $58,024,000, to riod covered by the program, expressed in a search Fund. remain available until expended. level of detail comparable to that contained (RESCISSION) DEFENSE NUCLEAR FACILITIES SAFETY BOARD in the budget submitted by the President to SEC. 309. Of the amounts appropriated in SALARIES AND EXPENSES Congress under section 1105 of title 31, this title, $73,700,000 are hereby rescinded, to United States Code. reflect savings from the contractor pay For necessary expenses of the Defense Nu- (2) The estimated expenditures and pro- freeze instituted by the Department. The De- clear Facilities Safety Board in carrying out posed appropriations shaped by high-level, partment shall allocate the rescission among activities authorized by the Atomic Energy prioritized program and budgetary guidance the appropriations made in this title. Act of 1954, as amended by Public Law 100– that is consistent with the administration’s SEC. 310. Recipients of grants awarded by 456, section 1441, $29,130,000, to remain avail- policies and out year budget projections and the Department in excess of $1,000,000 shall able until September 30, 2013: Provided, That reviewed by DOE’s senior leadership to en- certify that they will, by the end of the fis- within 90 days of enactment of this Act the sure that the future-years energy program is cal year, upgrade the efficiency of their fa- Defense Nuclear Facilities Safety Board consistent and congruent with previously es- cilities by replacing any lighting that does shall enter into an agreement for fiscal year tablished program and budgetary guidance. not meet or exceed the energy efficiency 2012 and hereafter with the Office of the In- (3) A description of the anticipated work- standard for incandescent light bulbs set spector General of either the Nuclear Regu- load requirements for each DOE national forth in section 325 of the Energy Policy and latory Commission or the Department of En- laboratory during the 5-fiscal year period. Conservation Act (42 U.S.C. 6295). ergy for inspector general services.

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DELTA REGIONAL AUTHORITY activities authorized by subtitle V of title 40, TITLE VI SALARIES AND EXPENSES United States Code, $1,275,000, to remain ADDITIONAL FUNDING FOR DISASTER For necessary expenses of the Delta Re- available until expended: Provided, That such RELIEF gional Authority and to carry out its activi- amounts shall be available for administra- DEPARTMENT OF DEFENSE—CIVIL tive expenses, notwithstanding section ties, as authorized by the Delta Regional Au- DEPARTMENT OF THE ARMY thority Act of 2000, as amended, notwith- 15751(b) of title 40, United States Code. CORPS OF ENGINEERS—CIVIL standing sections 382C(b)(2), 382F(d), 382M, SOUTHEAST CRESCENT REGIONAL COMMISSION and 382N of said Act, $9,925,000, to remain MISSISSIPPI RIVER AND TRIBUTARIES available until expended. For necessary expenses of the Southeast For an additional amount for ‘‘Mississippi DENALI COMMISSION Crescent Regional Commission in carrying River and Tributaries’’ for expenses result- For expenses of the Denali Commission in- out activities authorized by subtitle V of ing from a major disaster designation pursu- cluding the purchase, construction, and ac- title 40, United States Code, $213,000, to re- ant to the Robert T. Stafford Disaster Relief quisition of plant and capital equipment as main available until expended. and Emergency Assistance Act (42 U.S.C. necessary and other expenses, $9,077,000, to 5122(2)), $890,177,300, to remain available until remain available until expended, notwith- GENERAL PROVISIONS expended for repair of damages to Federal standing the limitations contained in section projects: Provided, That the Assistant Sec- SEC. 401. (a) DEFINITIONS.—In this section: retary of the Army for Civil Works shall pro- 306(g) of the Denali Commission Act of 1998: (1) CHAIRPERSON.—The term ‘‘Chairperson’’ Provided, That funds shall be available for vide a monthly report to the Committees on means the Chairperson of the Commission. Appropriations of the House of Representa- construction projects in an amount not to (2) COMMISSION.—The term ‘‘Commission’’ exceed 80 percent of total project cost for tives and the Senate detailing the allocation means the Nuclear Regulatory Commission. and obligation of these funds, beginning not distressed communities, as defined by sec- (3) SPENT FUEL POOL.—The term ‘‘spent tion 307 of the Denali Commission Act of 1998 later than 60 days after enactment of this fuel pool’’ means an underwater storage and Act: Provided further, That the amount in (division C, title III, Public Law 105–277), as cooling facility for spent (or depleted) fuel amended by section 701 of appendix D, title this paragraph is designated by Congress as assemblies that have been removed from a being for disaster relief pursuant to section VII, Public Law 106–113 (113 Stat. 1501A–280), reactor. and an amount not to exceed 50 percent for 251(b)(2)(D) of the Balanced Budget and non-distressed communities. (b) As soon as practicable after the date of Emergency Deficit Control Act of 1985 (Pub- enactment of this Act, the Chairperson shall lic Law 99–177), as amended. NUCLEAR REGULATORY COMMISSION order licencees to, in accordance with the OPERATION AND MAINTENANCE SALARIES AND EXPENSES recommendations of the 90-day task force of For necessary expenses of the Commission For an additional amount for ‘‘Operation the Commission, enhance spent fuel pools by: and Maintenance’’ for expenses resulting in carrying out the purposes of the Energy (1) providing sufficient safety-related in- Reorganization Act of 1974, as amended, and from a major disaster designation pursuant strumentation that is able to withstand de- to the Robert T. Stafford Disaster Relief and the Atomic Energy Act of 1954, as amended, sign-basis natural phenomena to monitor including official representation expenses Emergency Assistance Act (42 U.S.C. 5122(2)) key spent fuel pool parameters (such as to dredge navigation channels and repair (not to exceed $25,000), $1,027,240,000, to re- water level, temperature, and area radiation main available until expended: Provided, damage to Corps projects nationwide, levels) from a control room; $88,003,700, to remain available until ex- That revenues from licensing fees, inspection (2) providing safety-related, alternating- services, and other services and collections pended: Provided, That the Assistant Sec- current electrical power for the spent fuel retary of the Army for Civil Works shall pro- estimated at $899,726,000 in fiscal year 2012 pool makeup system; shall be retained and used for necessary sala- vide a monthly report to the Committees on (3) providing onsite emergency electrical Appropriations of the House of Representa- ries and expenses in this account, notwith- power for spent fuel pools and instrumenta- standing 31 U.S.C. 3302, and shall remain tives and the Senate detailing the allocation tion for cases in which there exists irradi- and obligation of these funds, beginning not available until expended: Provided further, ated fuel in a spent fuel pool, regardless of That the sum herein appropriated shall be later than 60 days after enactment of this the operational mode of the relevant reactor; Act: Provided further, That the amount in reduced by the amount of revenues received and during fiscal year 2012 so as to result in a this paragraph is designated by Congress as (4) installing a seismically qualified means being for disaster relief pursuant to section final fiscal year 2012 appropriation estimated to spray water into spent fuel pools, includ- at not more than $127,514,000. 251(b)(2)(D) of the Balanced Budget and ing an easily accessible connection to supply Emergency Deficit Control Act of 1985 (Pub- OFFICE OF INSPECTOR GENERAL the water (such as using a portable pump or lic Law 99–177), as amended. For necessary expenses of the Office of the pumper truck) at grade outside a relevant FLOOD CONTROL AND COASTAL EMERGENCIES Inspector General in carrying out the provi- structure. For an additional amount for ‘‘Flood Con- sions of the Inspector General Act of 1978, SEC. 402. Consistent with the findings of its $10,860,000, to remain available until ex- trol and Coastal Emergencies’’, for expenses 90 Day Task Force, the Nuclear Regulatory resulting from a major disaster designation pended: Provided, That revenues from licens- Commission shall order licensees to reevalu- ing fees, inspection services, and other serv- pursuant to the Robert T. Stafford Disaster ate the seismic, tsunami, flooding and other Relief and Emergency Assistance Act (42 ices and collections estimated at $9,774,000 in hazards at their sites as expeditiously as pos- fiscal year 2012 shall be retained and be U.S.C. 5122(2)) as authorized by section 5 of sible, and thereafter, at least once every 10 the Act of August 18, 1941 (33 U.S.C. 701n), for available until expended, for necessary sala- years, and the Commission shall require li- ries and expenses in this account, notwith- necessary expenses to prepare for flood, hur- censees to demonstrate to the Commission standing section 3302 of title 31, United ricane and other natural disasters and sup- that the design basis of structures, systems, States Code: Provided further, That the sum port emergency operations, repair and other and components for each operating reactor herein appropriated shall be reduced by the activities in response to recent natural dis- meet current NRC requirements and guid- amount of revenues received during fiscal asters as authorized by law, $66,387,000, to re- ance with regard to these threats. The Com- year 2012 so as to result in a final fiscal year main available until expended: Provided, mission shall require licensees to update the 2012 appropriation estimated at not more That the Assistant Secretary of the Army design basis of structures, systems, and com- than $1,086,000. for Civil Works shall provide a monthly re- ponents for each operating reactor, if nec- port to the Committees on Appropriations of NUCLEAR WASTE TECHNICAL REVIEW BOARD essary. the House of Representatives and the Senate SALARIES AND EXPENSES detailing the allocation and obligation of TITLE V For necessary expenses of the Nuclear these funds, beginning not later than 60 days Waste Technical Review Board, as author- GENERAL PROVISIONS after enactment of this Act: Provided further, ized by Public Law 100–203, section 5051, That the amount in this paragraph is des- $3,400,000 to be derived from the Nuclear SEC. 501. None of the funds appropriated by ignated by Congress as being for disaster re- Waste Fund, and to remain available until this Act may be used in any way, directly or lief pursuant to section 251(b)(2)(D) of the expended. indirectly, to influence congressional action Balanced Budget and Emergency Deficit OFFICE OF THE FEDERAL COORDINATOR FOR on any legislation or appropriation matters Control Act of 1985 (Public Law 99–177), as ALASKA NATURAL GAS TRANSPORTATION pending before Congress, other than to com- amended. PROJECTS municate to Members of Congress as de- This Act may be cited as the ‘‘Energy and For necessary expenses for the Office of the scribed in 18 U.S.C. 1913. Water Development and Related Agencies Federal Coordinator for Alaska Natural Gas SEC. 502. None of the funds made available Appropriations Act, 2012’’. Transportation Projects pursuant to the in this Act may be transferred to any depart- DIVISION B—FINANCIAL SERVICES AND Alaska Natural Gas Pipeline Act of 2004, ment, agency, or instrumentality of the GENERAL GOVERNMENT $1,000,000. United States Government, except pursuant The following sums are appropriated, out NORTHERN BORDER REGIONAL COMMISSION to a transfer made by, or transfer authority of any money in the Treasury not otherwise For necessary expenses of the Northern provided in this Act or any other appropria- appropriated, for financial services and gen- Border Regional Commission in carrying out tion Act. eral government for the fiscal year ending

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September 30, 2012, and for other purposes, General of the Treasury; and of which not to UNITED STATES MINT namely: exceed $2,500 shall be available for official re- UNITED STATES MINT PUBLIC ENTERPRISE FUND TITLE I ception and representation expenses. Pursuant to section 5136 of title 31, United DEPARTMENT OF THE TREASURY TREASURY INSPECTOR GENERAL FOR TAX States Code, the United States Mint is pro- ADMINISTRATION vided funding through the United States DEPARTMENTAL OFFICES SALARIES AND EXPENSES Mint Public Enterprise Fund for costs asso- SALARIES AND EXPENSES For necessary expenses of the Treasury In- ciated with the production of circulating (INCLUDING TRANSFERS OF FUNDS) spector General for Tax Administration in coins, numismatic coins, and protective For necessary expenses of the Depart- carrying out the Inspector General Act of services, including both operating expenses mental Offices including operation and 1978, including purchase (not to exceed 150 and capital investments. The aggregate maintenance of the Treasury Building and for replacement only for police-type use) and amount of new liabilities and obligations incurred during fiscal year 2012 under such sec- Annex; hire of passenger motor vehicles; hire of passenger motor vehicles (31 U.S.C. tion 5136 for circulating coinage and protec- maintenance, repairs, and improvements of, 1343(b)); services authorized by 5 U.S.C. 3109, tive service capital investments of the and purchase of commercial insurance poli- at such rates as may be determined by the United States Mint shall not exceed cies for, real properties leased or owned over- Inspector General for Tax Administration; $20,000,000. seas, when necessary for the performance of $151,696,000, of which not to exceed $6,000,000 official business, $306,388,000, including for shall be available for official travel expenses; BUREAU OF THE PUBLIC DEBT terrorism and financial intelligence activi- of which not to exceed $500,000 shall be avail- ADMINISTERING THE PUBLIC DEBT ties; executive direction program activities; able for unforeseen emergencies of a con- For necessary expenses connected with any international affairs and economic policy ac- fidential nature, to be allocated and ex- public-debt issues of the United States, tivities; domestic finance and tax policy ac- pended under the direction of the Inspector $173,635,000, of which not to exceed $2,500 tivities; and Treasury-wide management General for Tax Administration; and of shall be available for official reception and policies and programs activities: Provided, which not to exceed $1,500 shall be available representation expenses, and of which not to That of the amount appropriated under this for official reception and representation ex- exceed $10,000,000 shall remain available heading, not to exceed $3,000,000, to remain penses. until September 30, 2014, for the Do Not Pay portal initiative: Provided, That the sum ap- available until September 30, 2013, is for in- SPECIAL INSPECTOR GENERAL FOR THE propriated herein from the general fund for formation technology modernization re- TROUBLED ASSET RELIEF PROGRAM quirements; not to exceed $200,000 is for offi- fiscal year 2012 shall be reduced by not more SALARIES AND EXPENSES cial reception and representation expenses; than $8,000,000 as definitive security issue For necessary expenses of the Office of the $200,000 is to support international represen- fees and Legacy Treasury Direct Investor Special Inspector General in carrying out tation commitments of the Secretary; and Account Maintenance fees are collected, so the provisions of the Emergency Economic not to exceed $258,000 is for unforeseen emer- as to result in a final fiscal year 2012 appro- Stabilization Act of 2008 (Public Law 110– gencies of a confidential nature, to be allo- priation from the general fund estimated at 343), $41,800,000. $165,635,000. In addition, $165,000 to be derived cated and expended under the direction of from the Oil Spill Liability Trust Fund to re- the Secretary of the Treasury and to be ac- FINANCIAL CRIMES ENFORCEMENT NETWORK imburse the Bureau for administrative and counted for solely on his certificate: Provided SALARIES AND EXPENSES personnel expenses for financial manage- further, That of the amount appropriated For necessary expenses of the Financial ment of the Fund, as authorized by section under this heading, $6,787,000, to remain Crimes Enforcement Network, including hire 1012 of Public Law 101–380. available until September 30, 2013, is for the of passenger motor vehicles; travel and COMMUNITY DEVELOPMENT FINANCIAL Treasury-wide Financial Statement Audit training expenses, including for course devel- INSTITUTIONS FUND PROGRAM ACCOUNT and Internal Control Program, of which such opment, of non-Federal and foreign govern- amounts as may be necessary may be trans- ment personnel to attend meetings and To carry out the Community Development ferred to accounts of the Department’s of- training concerned with domestic and for- Banking and Financial Institutions Act of fices and bureaus to conduct audits: Provided eign financial intelligence activities, law en- 1994 (Public Law 103–325), including services further, That this transfer authority shall be forcement, and financial regulation; not to authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate in addition to any other provided in this Act: exceed $14,000 for official reception and rep- equivalent to the rate for ES–3, notwith- Provided further, That of the amount appro- resentation expenses; and for assistance to standing section 4707(e) of title 12, United priated under this heading, $500,000, to re- Federal law enforcement agencies, with or States Code, $200,000,000, to remain available main available until September 30, 2013, is without reimbursement, $110,788,000, of until September 30, 2013; of which $12,000,000 for secure space requirements: Provided fur- which not to exceed $34,335,000 shall remain shall be for financial assistance, technical ther, That of the amount appropriated under available until September 30, 2014: Provided, assistance, training and outreach programs, this heading, up to $3,400,000, to remain That funds appropriated in this account may designed to benefit Native American, Native available until September 30, 2014, is to de- be used to procure personal services con- Hawaiian, and Alaskan Native communities velop and implement programs within the tracts. and provided primarily through qualified Office of Critical Infrastructure Protection TREASURY FORFEITURE FUND community development lender organiza- and Compliance Policy, including entering (RESCISSION) tions with experience and expertise in com- into cooperative agreements: Provided fur- munity development banking and lending in ther, That notwithstanding any other provi- Of the unobligated balances available under this heading, $750,000,000 are rescinded. Indian country, Native American organiza- sion of law, up to $1,000,000, may be contrib- tions, tribes and tribal organizations and FINANCIAL MANAGEMENT SERVICE uted to the Global Forum on Transparency other suitable providers; of which, notwith- and Exchange of Information for Tax Pur- SALARIES AND EXPENSES standing sections 4707(d) and 4707(e) of title poses, a Part II Program of the Organization For necessary expenses of the Financial 12, United States Code, up to $22,000,000 shall for Economic Cooperation and Development, Management Service, $217,805,000, of which be for a Healthy Food Financing Initiative to cover the cost assessed by that organiza- not to exceed $4,210,000 shall remain avail- to provide grants and loans to community tion for Treasury’s participation therein: able until September 30, 2013, for information development financial institutions for the Provided further, That of the amount appro- systems modernization initiatives; and of purpose of offering affordable financing and priated under this heading, up to $2,500,000 which not to exceed $2,500 shall be available technical assistance to expand the avail- may be used for training, recruitment, reten- for official reception and representation ex- ability of healthy food options in distressed tion, and hiring additional members of the penses. communities; of which up to $36,000,000 shall acquisition workforce as defined by the Of- ALCOHOL AND TOBACCO TAX AND TRADE be for initiatives designed to enable individ- fice of Federal Procurement Policy Act, as BUREAU uals with low or moderate income levels to amended (41 U.S.C. 401 et seq.) and for infor- SALARIES AND EXPENSES establish bank accounts and to improve ac- mation technology in support of acquisition cess to the provision of bank accounts as au- For necessary expenses of carrying out sec- workforce effectiveness and management. thorized by sections 1204 and 1205 of Public tion 1111 of the Homeland Security Act of OFFICE OF INSPECTOR GENERAL Law 111–203; of which $19,000,000 shall be for 2002, including hire of passenger motor vehi- the Bank Enterprise Award program; and of SALARIES AND EXPENSES cles, $99,878,000; of which not to exceed $6,000 which up to $22,965,000 may be used for ad- For necessary expenses of the Office of In- for official reception and representation ex- ministrative expenses, including administra- spector General in carrying out the provi- penses; not to exceed $50,000 for cooperative tion of the New Markets Tax Credit. sions of the Inspector General Act of 1978, research and development programs for lab- $29,641,000, of which not to exceed $2,000,000 oratory services; and provision of laboratory INTERNAL REVENUE SERVICE shall be available for official travel expenses, assistance to State and local agencies with TAXPAYER SERVICES including hire of passenger motor vehicles; or without reimbursement: Provided, That of (INCLUDING TRANSFER OF FUNDS) of which not to exceed $100,000 shall be avail- the amount appropriated under this heading, For necessary expenses of the Internal able for unforeseen emergencies of a con- $2,000,000 shall be for the costs of special law Revenue Service to provide taxpayer serv- fidential nature, to be allocated and ex- enforcement agents to target tobacco smug- ices, including pre-filing assistance and edu- pended under the direction of the Inspector gling and other criminal diversion activities. cation, filing and account services, taxpayer

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7467 advocacy services, and other services as au- be obligated until the Internal Revenue the Departmental Offices—Salaries and Ex- thorized by 5 U.S.C. 3109, at such rates as Service submits to the Committees on Ap- penses, Office of Inspector General, Special may be determined by the Commissioner, propriations, and such Committees approve, Inspector General for the Troubled Asset Re- $2,195,522,000, of which not less than $6,100,000 a plan for expenditure that: lief Program, Financial Management Serv- shall be for the Tax Counseling for the Elder- (1) meets the capital planning and invest- ice, Alcohol and Tobacco Tax and Trade Bu- ly Program, of which not less than $10,000,000 ment control review requirements estab- reau, Financial Crimes Enforcement Net- shall be available for low-income taxpayer lished by the Office of Management and work, and Bureau of the Public Debt, may be clinic grants, of which not less than Budget, including Circular A–11; transferred between such appropriations $12,000,000, to remain available until Sep- (2) complies with the Internal Revenue upon the advance approval of the Commit- tember 30, 2013, shall be available for a Com- Service’s enterprise architecture, including tees on Appropriations: Provided, That no munity Volunteer Income Tax Assistance the modernization blueprint; transfer may increase or decrease any such matching grants demonstration program for (3) conforms with the Internal Revenue appropriation by more than 2 percent. tax return preparation assistance, of which Service’s enterprise life cycle methodology; SEC. 108. Not to exceed 2 percent of any ap- not less than $207,738,000 shall be available (4) is approved by the Internal Revenue propriation made available in this Act to the for operating expenses of the Taxpayer Advo- Service, the Department of the Treasury, Internal Revenue Service may be transferred cate Service, and of which up to $6,000,000 and the Office of Management and Budget; to the Treasury Inspector General for Tax may be transferred as necessary from this (5) has been reviewed by the Government Administration’s appropriation upon the ad- account to ‘‘Health Insurance Tax Credit Ad- Accountability Office; and vance approval of the Committees on Appro- ministration’’ upon advance notification of (6) complies with the acquisition rules, re- priations: Provided, That no transfer may in- the Committees on Appropriations: Provided, quirements, guidelines, and systems acquisi- crease or decrease any such appropriation by That this transfer authority shall be in addition management practices of the Federal more than 2 percent. SEC. 109. Of the funds available for the pur- tion to any transfer authority provided in Government. chase of law enforcement vehicles, no funds the Act: Provided further, That notwith- HEALTH INSURANCE TAX CREDIT may be obligated until the Secretary of the standing any other provision of law, the Sec- ADMINISTRATION Treasury certifies that the purchase by the retary may publicize the low-income tax- For expenses necessary to implement the respective Treasury bureau is consistent payer clinic program and refer taxpayers to health insurance tax credit included in the with departmental vehicle management specific qualified low-income taxpayer clin- Trade Act of 2002 (Public Law 107–210), principles: Provided, That the Secretary may ics receiving funding under this heading. $15,481,000. delegate this authority to the Assistant Sec- ENFORCEMENT ADMINISTRATIVE PROVISIONS—INTERNAL retary for Management. (INCLUDING TRANSFER OF FUNDS) REVENUE SERVICE SEC. 110. None of the funds appropriated in For necessary expenses for tax enforce- (INCLUDING TRANSFER OF FUNDS) this Act or otherwise available to the De- ment activities of the Internal Revenue SEC. 101. Not to exceed 5 percent of any ap- partment of the Treasury or the Bureau of Service to determine and collect owed taxes, propriation made available in this Act to the Engraving and Printing may be used to rede- to provide legal and litigation support, to Internal Revenue Service or not to exceed 3 sign the $1 Federal Reserve note. conduct criminal investigations, to enforce percent of appropriations under the heading SEC. 111. The Secretary of the Treasury criminal statutes related to violations of in- ‘‘Enforcement’’ may be transferred to any may transfer funds from Financial Manage- ternal revenue laws and other financial other Internal Revenue Service appropria- ment Service, Salaries and Expenses to the crimes, to purchase (for police-type use, not tion upon the advance approval of the Com- Debt Collection Fund as necessary to cover to exceed 850) and hire passenger motor vehi- mittees on Appropriations. the costs of debt collection: Provided, That cles (31 U.S.C. 1343(b)), and to provide other SEC. 102. The Internal Revenue Service such amounts shall be reimbursed to such services as authorized by 5 U.S.C. 3109, at shall maintain a training program to ensure salaries and expenses account from debt col- such rates as may be determined by the that Internal Revenue Service employees are lections received in the Debt Collection Commissioner, $5,228,613,000, of which not trained in taxpayers’ rights, in dealing cour- Fund. SEC. 112. Section 122(g)(1) of Public Law less than $60,257,000 shall be for the Inter- teously with taxpayers, and in cross-cultural 105–119 (5 U.S.C. 3104 note), is further amend- agency Crime and Drug Enforcement pro- relations. ed by striking ‘‘12 years’’ and inserting ‘‘14 gram. SEC. 103. The Internal Revenue Service shall institute and enforce policies and pro- years’’. OPERATIONS SUPPORT cedures that will safeguard the confiden- SEC. 113. None of the funds appropriated or For necessary expenses of the Internal tiality of taxpayer information. otherwise made available by this or any Revenue Service to support taxpayer serv- SEC. 104. Funds made available by this or other Act may be used by the United States ices and enforcement programs, including any other Act to the Internal Revenue Serv- Mint to construct or operate any museum rent payments; facilities services; printing; ice shall be available for improved facilities without the explicit approval of the Commit- postage; physical security; headquarters and and increased staffing to provide sufficient tees on Appropriations of the House of Rep- other IRS-wide administration activities; re- and effective 1–800 help line service for tax- resentatives and the Senate, the House Com- search and statistics of income; tele- payers. The Commissioner shall continue to mittee on Financial Services, and the Senate communications; information technology de- make the improvement of the Internal Rev- Committee on Banking, Housing and Urban velopment, enhancement, operations, main- enue Service 1–800 help line service a priority Affairs. tenance, and security; the hire of passenger and allocate resources necessary to increase SEC. 114. None of the funds appropriated or motor vehicles (31 U.S.C. 1343(b)); and other phone lines and staff to improve the Internal otherwise made available by this or any services as authorized by 5 U.S.C. 3109, at Revenue Service 1–800 help line service. other Act or source to the Department of the such rates as may be determined by the SEC. 105. None of the funds made available Treasury, the Bureau of Engraving and Commissioner; $3,893,216,000, of which up to in this Act may be used to enter into, renew, Printing, and the United States Mint, indi- $250,000,000 shall remain available until Sep- extend, administer, implement, enforce, or vidually or collectively, may be used to con- tember 30, 2013, for information technology provide oversight of any qualified tax collec- solidate any or all functions of the Bureau of support; of which up to $65,000,000 shall re- tion contract (as defined in section 6306 of Engraving and Printing and the United main available until expended for acquisi- the Internal Revenue Code of 1986). States Mint without the explicit approval of the House Committee on Financial Services; tion of real property, equipment, construc- ADMINISTRATIVE PROVISIONS—DEPARTMENT the Senate Committee on Banking, Housing, tion and renovation of facilities; of which OF THE TREASURY and Urban Affairs; the House Committee on not to exceed $1,000,000 shall remain avail- (INCLUDING TRANSFERS OF FUNDS) able until September 30, 2014, for research; of Appropriations; and the Senate Committee SEC. 106. Appropriations to the Department which not less than $2,000,000 shall be for the on Appropriations. of the Treasury in this Act shall be available Internal Revenue Service Oversight Board; of SEC. 115. Funds appropriated by this Act, for uniforms or allowances therefor, as au- which not to exceed $25,000 shall be for offi- or made available by the transfer of funds in thorized by law (5 U.S.C. 5901), including cial reception and representation expenses. this Act, for the Department of the Treas- maintenance, repairs, and cleaning; purchase ury’s intelligence or intelligence related ac- BUSINESS SYSTEMS MODERNIZATION of insurance for official motor vehicles oper- tivities are deemed to be specifically author- For necessary expenses of the Internal ated in foreign countries; purchase of motor ized by the Congress for purposes of section Revenue Service’s business systems mod- vehicles without regard to the general pur- 504 of the National Security Act of 1947 (50 ernization program, $330,210,000, to remain chase price limitations for vehicles pur- U.S.C. 414) during fiscal year 2011 until the available until September 30, 2014, for the chased and used overseas for the current fis- enactment of the Intelligence Authorization capital asset acquisition of information cal year; entering into contracts with the Act for Fiscal Year 2012. technology systems, including management Department of State for the furnishing of SEC. 116. Not to exceed $5,000 shall be made and related contractual costs of said acquisi- health and medical services to employees available from the Bureau of Engraving and tions, including related Internal Revenue and their dependents serving in foreign coun- Printing’s Industrial Revolving Fund for Service labor costs, and contractual costs as- tries; and services authorized by 5 U.S.C. necessary official reception and representa- sociated with operations authorized by 5 3109. tion expenses. U.S.C. 3109: Provided, That, with the excep- SEC. 107. Not to exceed 2 percent of any ap- SEC. 117. The Secretary of the Treasury tion of labor costs, none of these funds may propriations in this Act made available to shall submit a Capital Investment Plan to

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7468 CONGRESSIONAL RECORD — SENATE November 15, 2011 the Committees on Appropriations of the for expenses relating to reimbursable polit- States Code, $90,833,000, of which not to ex- Senate and the House of Representatives not ical events sponsored by such committee ceed $3,000 shall be available for official rep- later than 30 days following the submission during such fiscal year: Provided further, resentation expenses: Provided, That none of of the annual budget for the Administration That the Executive Residence shall ensure the funds appropriated in this Act for the Of- submitted by the President: Provided, That that a written notice of any amount owed for fice of Management and Budget may be used such Capital Investment Plan shall include a reimbursable operating expense under this for the purpose of reviewing any agricultural capital investment spending from all ac- paragraph is submitted to the person owing marketing orders or any activities or regula- counts within the Department of the Treas- such amount within 60 days after such ex- tions under the provisions of the Agricul- ury, including but not limited to the Depart- pense is incurred, and that such amount is tural Marketing Agreement Act of 1937 (7 ment-wide Systems and Capital Investment collected within 30 days after the submission U.S.C. 601 et seq.): Provided further, That Programs account, the Working Capital of such notice: Provided further, That the Ex- none of the funds made available for the Of- Fund account, and the Treasury Forfeiture ecutive Residence shall charge interest and fice of Management and Budget by this Act Fund account: Provided further, That such assess penalties and other charges on any may be expended for the altering of the tran- Capital Investment Plan shall include ex- such amount that is not reimbursed within script of actual testimony of witnesses, expenditures occurring in previous fiscal years such 30 days, in accordance with the interest cept for testimony of officials of the Office of for each capital investment project that has and penalty provisions applicable to an out- Management and Budget, before the Com- not been fully completed. standing debt on a United States Govern- mittees on Appropriations or their sub- This title may be cited as the ‘‘Department ment claim under 31 U.S.C. 3717: Provided fur- committees: Provided further, That none of of the Treasury Appropriations Act, 2012’’. ther, That each such amount that is reim- the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office TITLE II bursed, and any accompanying interest and charges, shall be deposited in the Treasury of Management and Budget, for evaluating EXECUTIVE OFFICE OF THE PRESIDENT or determining if water resource project or AND FUNDS APPROPRIATED TO THE as miscellaneous receipts: Provided further, That the Executive Residence shall prepare study reports submitted by the Chief of En- PRESIDENT gineers acting through the Secretary of the and submit to the Committees on Appropria- COMPENSATION OF THE PRESIDENT Army are in compliance with all applicable tions, by not later than 90 days after the end laws, regulations, and requirements relevant For compensation of the President, includ- of the fiscal year covered by this Act, a re- to the Civil Works water resource planning ing an expense allowance at the rate of port setting forth the reimbursable oper- process: Provided further, That the Office of $50,000 per annum as authorized by 3 U.S.C. ating expenses of the Executive Residence Management and Budget shall have not more 102, $450,000: Provided, That none of the funds during the preceding fiscal year, including than 60 days in which to perform budgetary made available for official expenses shall be the total amount of such expenses, the policy reviews of water resource matters on expended for any other purpose and any un- amount of such total that consists of reim- which the Chief of Engineers has reported: used amount shall revert to the Treasury bursable official and ceremonial events, the pursuant to 31 U.S.C. 1552. Provided further, That the Director of the Of- amount of such total that consists of reim- fice of Management and Budget shall notify THE WHITE HOUSE bursable political events, and the portion of the appropriate authorizing and appro- SALARIES AND EXPENSES each such amount that has been reimbursed priating committees when the 60-day review For necessary expenses for the White as of the date of the report: Provided further, is initiated: Provided further, That if water House as authorized by law, including not to That the Executive Residence shall maintain resource reports have not been transmitted exceed $3,850,000 for services as authorized by a system for the tracking of expenses related to the appropriate authorizing and appro- 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence ex- to reimbursable events within the Executive priating committees within 15 days after the penses as authorized by 3 U.S.C. 105, which Residence that includes a standard for the end of the Office of Management and Budget shall be expended and accounted for as pro- classification of any such expense as polit- review period based on the notification from vided in that section; hire of passenger ical or nonpolitical: Provided further, That no the Director, Congress shall assume Office of motor vehicles, newspapers, periodicals, tele- provision of this paragraph may be construed Management and Budget concurrence with type news service, and travel (not to exceed to exempt the Executive Residence from any the report and act accordingly. other applicable requirement of subchapter I $100,000 to be expended and accounted for as GOVERNMENT-WIDE MANAGEMENT COUNCILS or II of chapter 37 of title 31, United States provided by 3 U.S.C. 103); and not to exceed (INCLUDING TRANSFER OF FUNDS) $19,000 for official entertainment expenses, to Code. Notwithstanding 31 U.S.C. 1346 and section be available for allocation within the Execu- WHITE HOUSE REPAIR AND RESTORATION 708 of this Act, the head of each Executive tive Office of the President; and for nec- For the repair, alteration, and improve- department and agency is hereby authorized essary expenses of the Office of Policy Devel- ment of the Executive Residence at the to transfer to or reimburse ‘‘General Serv- opment, including services as authorized by 5 White House, $990,000, to remain available ices Administration, Government-wide Pol- U.S.C. 3109 and 3 U.S.C. 107, $57,851,000. until expended, for required maintenance, icy’’ with the approval of the Director of the EXECUTIVE RESIDENCE AT THE WHITE HOUSE resolution of safety and health issues, and Office of Management and Budget, funds OPERATING EXPENSES continued preventative maintenance. made available for fiscal year 2012 by this or For the care, maintenance, repair and al- COUNCIL OF ECONOMIC ADVISERS any other Act, including rebates from charge teration, refurnishing, improvement, heat- SALARIES AND EXPENSES card and other contracts: Provided, That these funds shall be administered by the Ad- ing, and lighting, including electric power For necessary expenses of the Council of ministrator of General Services to support and fixtures, of the Executive Residence at Economic Advisers in carrying out its func- Government-wide and other multi-agency fi- the White House and official entertainment tions under the Employment Act of 1946 (15 nancial, information technology, procure- expenses of the President, $13,536,000, to be U.S.C. 1021 et seq.), $4,192,000. expended and accounted for as provided by 3 ment, and other management innovations, NATIONAL SECURITY COUNCIL AND HOMELAND U.S.C. 105, 109, 110, and 112–114. initiatives, and activities, as approved by the SECURITY COUNCIL Director of the Office of Management and REIMBURSABLE EXPENSES SALARIES AND EXPENSES Budget, in consultation with the appropriate For the reimbursable expenses of the Exec- interagency and multi-agency groups des- utive Residence at the White House, such For necessary expenses of the National Se- curity Council and the Homeland Security ignated by the Director, including the Presi- sums as may be necessary: Provided, That all dent’s Management Council for overall man- reimbursable operating expenses of the Exec- Council, including services as authorized by 5 U.S.C. 3109, $13,048,000. agement improvement initiatives, the Chief utive Residence shall be made in accordance Financial Officers Council for financial man- with the provisions of this paragraph: Pro- OFFICE OF ADMINISTRATION agement initiatives, the Chief Information vided further, That, notwithstanding any SALARIES AND EXPENSES Officers Council for information technology other provision of law, such amount for re- For necessary expenses of the Office of Ad- initiatives, the Chief Human Capital Officers imbursable operating expenses shall be the ministration, including services as author- Council for human capital initiatives, the exclusive authority of the Executive Resi- ized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire Chief Acquisition Officers Council for pro- dence to incur obligations and to receive off- of passenger motor vehicles, $114,908,000, of curement initiatives, and the Performance setting collections, for such expenses: Pro- which $10,670,000 shall remain available until Improvement Council for performance im- vided further, That the Executive Residence expended for continued modernization of the provement initiatives: Provided further, That shall require each person sponsoring a reim- information technology infrastructure with- the total funds transferred or reimbursed bursable political event to pay in advance an in the Executive Office of the President. shall not exceed $17,000,000: Provided further, amount equal to the estimated cost of the That the funds transferred to or for reim- OFFICE OF MANAGEMENT AND BUDGET event, and all such advance payments shall bursement of ‘‘General Services Administra- be credited to this account and remain avail- SALARIES AND EXPENSES tion, Government-wide Policy’’ during fiscal able until expended: Provided further, That For necessary expenses of the Office of year 2012 shall remain available for obliga- the Executive Residence shall require the na- Management and Budget, including hire of tion through September 30, 2013: Provided fur- tional committee of the political party of passenger motor vehicles and services as au- ther, That such transfers or reimbursements the President to maintain on deposit $25,000, thorized by 5 U.S.C. 3109 and to carry out the may only be made following written ap- to be separately accounted for and available provisions of chapter 35 of title 44, United proval of the Committees on Appropriations

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7469 of the House of Representatives and the Sen- for the United States membership dues to ing how the estimates and assumptions con- ate. the World Anti-Doping Agency; and $1,150,000 tained in previous reports have changed: Pro- OFFICE OF NATIONAL DRUG CONTROL POLICY shall be made available as directed by sec- vided further, That any new projects and tion 1105 of Public Law 109–469. changes in funding of ongoing projects shall SALARIES AND EXPENSES UNANTICIPATED NEEDS be subject to the prior approval of the Com- For necessary expenses of the Office of Na- For expenses necessary to enable the Presi- mittees on Appropriations. tional Drug Control Policy; for research ac- SEC. 203. Not to exceed 2 percent of any ap- tivities pursuant to the Office of National dent to meet unanticipated needs, in furtherance of the national interest, security, or de- propriations in this Act made available to Drug Control Policy Reauthorization Act of the Office of National Drug Control Policy 2006 (Public Law 109–469); not to exceed fense which may arise at home or abroad during the current fiscal year, as authorized may be transferred between appropriated $10,000 for official reception and representa- programs upon the advance approval of the tion expenses; and for participation in joint by 3 U.S.C. 108, $988,000, to remain available until September 30, 2013. Committees on Appropriations: Provided, projects or in the provision of services on That no transfer may increase or decrease SPECIAL ASSISTANCE TO THE PRESIDENT matters of mutual interest with nonprofit, any such appropriation by more than 3 per- research, or public organizations or agencies, SALARIES AND EXPENSES cent. with or without reimbursement, $26,125,000: For necessary expenses to enable the Vice SEC. 204. Not to exceed $1,000,000 of any ap- Provided, That the Office is authorized to ac- President to provide assistance to the Presi- propriations in this Act made available to cept, hold, administer, and utilize gifts, both dent in connection with specially assigned the Office of National Drug Control Policy real and personal, public and private, with- functions; services as authorized by 5 U.S.C. may be reprogrammed within a program, out fiscal year limitation, for the purpose of 3109 and 3 U.S.C. 106, including subsistence project, or activity upon the advance ap- aiding or facilitating the work of the Office. expenses as authorized by 3 U.S.C. 106, which proval of the Committees on Appropriations. FEDERAL DRUG CONTROL PROGRAMS shall be expended and accounted for as pro- SEC. 205. From the unobligated balances of HIGH INTENSITY DRUG TRAFFICKING AREAS vided in that section; and hire of passenger prior year appropriations made available for PROGRAM motor vehicles, $4,328,000. the Counterdrug Technology Assessment (INCLUDING TRANSFERS OF FUNDS) OFFICIAL RESIDENCE OF THE VICE PRESIDENT Center, $11,328,000 are rescinded. OPERATING EXPENSES This title may be cited as the ‘‘Executive For necessary expenses of the Office of Na- Office of the President Appropriations Act, (INCLUDING TRANSFER OF FUNDS) tional Drug Control Policy’s High Intensity 2012’’. Drug Trafficking Areas Program, $238,522,000, For the care, operation, refurnishing, im- TITLE III to remain available until September 30, 2013, provement, and to the extent not otherwise for drug control activities consistent with provided for, heating and lighting, including THE JUDICIARY the approved strategy for each of the des- electric power and fixtures, of the official SUPREME COURT OF THE UNITED STATES ignated High Intensity Drug Trafficking residence of the Vice President; the hire of SALARIES AND EXPENSES Areas (‘‘HIDTAs’’), of which not less than 51 passenger motor vehicles; and not to exceed For expenses necessary for the operation of percent shall be transferred to State and $90,000 for official entertainment expenses of the Supreme Court, as required by law, ex- local entities for drug control activities and the Vice President, to be accounted for sole- cluding care of the building and grounds, in- shall be obligated not later than 120 days ly on his certificate, $307,000: Provided, That cluding purchase or hire, driving, mainte- after enactment of this Act: Provided, That advances or repayments or transfers from nance, and operation of an automobile for up to 49 percent may be transferred to Fed- this appropriation may be made to any de- the Chief Justice, not to exceed $10,000 for eral agencies and departments in amounts partment or agency for expenses of carrying the purpose of transporting Associate Jus- determined by the Director of the Office of out such activities. tices, and hire of passenger motor vehicles as National Drug Control Policy (‘‘the Direc- ADMINISTRATIVE PROVISIONS—EXECUTIVE OF- tor’’), of which up to $2,700,000 may be used authorized by 31 U.S.C. 1343 and 1344; not to FICE OF THE PRESIDENT AND FUNDS APPRO- exceed $10,000 for official reception and rep- for auditing services and associated activi- PRIATED TO THE PRESIDENT ties (including up to $500,000 to ensure the resentation expenses; and for miscellaneous (INCLUDING TRANSFERS OF FUNDS) continued operation and maintenance of the expenses, to be expended as the Chief Justice Performance Management System): Provided SEC. 201. From funds made available in this may approve, $74,819,000, of which $2,000,000 further, That, notwithstanding the require- Act under the headings ‘‘The White House’’, shall remain available until expended. ments of Public Law 106–58, any unexpended ‘‘Executive Residence at the White House’’, CARE OF THE BUILDING AND GROUNDS ‘‘White House Repair and Restoration’’, funds obligated prior to fiscal year 2010 may For such expenditures as may be necessary ‘‘Council of Economic Advisers’’, ‘‘National be used for any other approved activities of to enable the Architect of the Capitol to Security Council and Homeland Security that High Intensity Drug Trafficking Area, carry out the duties imposed upon the Archi- Council’’, ‘‘Office of Administration’’, ‘‘Spe- subject to reprogramming requirements: Pro- tect by 40 U.S.C. 6111 and 6112, $8,159,000, to cial Assistance to the President’’, and ‘‘Offi- vided further, That each High Intensity Drug remain available until expended. Trafficking Area designated as of September cial Residence of the Vice President’’, the UNITED STATES COURT OF APPEALS FOR THE 30, 2011, shall be funded at not less than the Director of the Office of Management and FEDERAL CIRCUIT fiscal year 2011 base level, unless the Direc- Budget (or such other officer as the Presi- tor submits to the Committees on Appropria- dent may designate in writing), may, 15 days SALARIES AND EXPENSES tions of the House of Representatives and after giving notice to the Committees on Ap- For salaries of the chief judge, judges, and the Senate justification for changes to those propriations of the House of Representatives other officers and employees, and for nec- levels based on clearly articulated priorities and the Senate, transfer not to exceed 10 per- essary expenses of the court, as authorized and published Office of National Drug Con- cent of any such appropriation to any other by law, $31,913,000. such appropriation, to be merged with and trol Policy performance measures of effec- UNITED STATES COURT OF INTERNATIONAL available for the same time and for the same tiveness: Provided further, That the Director TRADE shall notify the Committees on Appropria- purposes as the appropriation to which SALARIES AND EXPENSES tions of the initial allocation of fiscal year transferred: Provided, That the amount of an 2012 funding among HIDTAs not later than 45 appropriation shall not be increased by more For salaries of the chief judge and eight days after enactment of this Act, and shall than 50 percent by such transfers: Provided judges, salaries of the officers and employees notify the Committees of planned uses of dis- further, That no amount shall be transferred of the court, services, and necessary ex- cretionary HIDTA funding, as determined in from ‘‘Special Assistance to the President’’ penses of the court, as authorized by law, consultation with the HIDTA Directors, not or ‘‘Official Residence of the Vice President’’ $20,968,000. later than 90 days after enactment of this without the approval of the Vice President. COURTS OF APPEALS, DISTRICT COURTS, AND Act. SEC. 202. The Director of the Office of Na- OTHER JUDICIAL SERVICES tional Drug Control Policy shall submit to OTHER FEDERAL DRUG CONTROL PROGRAMS SALARIES AND EXPENSES the Committees on Appropriations of the (INCLUDING TRANSFERS OF FUNDS) House of Representatives and the Senate not (INCLUDING TRANSFER OF FUNDS) For other drug control activities author- later than 60 days after the date of enact- For the salaries of circuit and district ized by the Office of National Drug Control ment of this Act, and prior to the initial ob- judges (including judges of the territorial Policy Reauthorization Act of 2006 (Public ligation of more than 20 percent of the funds courts of the United States), justices and Law 109–469), $105,950,000, to remain available appropriated in any account under the head- judges retired from office or from regular ac- until expended, which shall be available as ing ‘‘Office of National Drug Control Pol- tive service, judges of the United States follows: $92,600,000 for the Drug-Free Commu- icy’’, a detailed narrative and financial plan Court of Federal Claims, bankruptcy judges, nities Program, of which $2,000,000 shall be on the proposed uses of all funds under the magistrate judges, and all other officers and made available as directed by section 4 of account by program, project, and activity: employees of the Federal Judiciary not oth- Public Law 107–82, as amended by Public Law Provided, That the reports required by this erwise specifically provided for, and nec- 109–469 (21 U.S.C. 1521 note); $1,400,000 for section shall be updated and submitted to essary expenses of the courts, and the pur- drug court training and technical assistance; the Committees on Appropriations every 6 chase of uniforms for Probation and Pretrial $8,900,000 for anti-doping activities; $1,900,000 months and shall include information detail- Services office staff, as authorized by law,

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7470 CONGRESSIONAL RECORD — SENATE November 15, 2011 $4,970,646,000 (including the purchase of fire- United States Marshals Service, which shall tive Office of the U.S. Courts shall submit to arms and ammunition); of which not to ex- be responsible for administering the Judicial the Committees on Appropriations a com- ceed $27,817,000 shall remain available until Facility Security Program consistent with prehensive financial plan for the Judiciary expended for space alteration projects and standards or guidelines agreed to by the Di- allocating all sources of available funds infor furniture and furnishings related to new rector of the Administrative Office of the cluding appropriations, fee collections, and space alteration and construction projects. United States Courts and the Attorney Gen- carryover balances, to include a separate and In addition, for expenses of the United eral. detailed plan for the Judiciary Information States Court of Federal Claims associated ADMINISTRATIVE OFFICE OF THE UNITED Technology Fund, which will establish the with processing cases under the National STATES COURTS baseline for application of reprogramming Childhood Vaccine Injury Act of 1986 (Public and transfer authorities for the current fis- SALARIES AND EXPENSES Law 99–660), not to exceed $4,775,000, to be ap- cal year. propriated from the Vaccine Injury Com- For necessary expenses of the Administra- SEC. 305. Section 3314(a) of title 40, United pensation Trust Fund. tive Office of the United States Courts as au- States Code, shall be applied by substituting thorized by law, including travel as author- DEFENDER SERVICES ‘‘Federal’’ for ‘‘executive’’ each place it ap- ized by 31 U.S.C. 1345, hire of a passenger For the operation of Federal Defender or- pears. motor vehicle as authorized by 31 U.S.C. SEC. 306. In accordance with 28 U.S.C. 561– ganizations; the compensation and reim- 1343(b), advertising and rent in the District bursement of expenses of attorneys ap- 569, and notwithstanding any other provision of Columbia and elsewhere, $82,000,000, of of law, the United States Marshals Service pointed to represent persons under 18 U.S.C. which not to exceed $8,500 is authorized for 3006A, and also under 18 U.S.C. 3599, in cases shall provide, for such courthouses as its Di- official reception and representation ex- rector may designate in consultation with in which a defendant is charged with a crime penses. that may be punishable by death; the com- the Director of the Administrative Office of FEDERAL JUDICIAL CENTER pensation and reimbursement of expenses of the United States Courts, for purposes of a persons furnishing investigative, expert, and SALARIES AND EXPENSES pilot program, the security services that 40 other services under 18 U.S.C. 3006A(e), and For necessary expenses of the Federal Ju- U.S.C. 1315 authorizes the Department of also under 18 U.S.C. 3599(f) and (g)(2), in cases dicial Center, as authorized by Public Law Homeland Security to provide, except for the in which a defendant is charged with a crime 90–219, $27,000,000; of which $1,800,000 shall re- services specified in 40 U.S.C. 1315(b)(2)(E). that may be punishable by death; the com- main available through September 30, 2013, For building-specific security services at pensation (in accordance with the maxi- to provide education and training to Federal these courthouses, the Director of the Ad- mums under 18 U.S.C. 3006A) and reimburse- court personnel; and of which not to exceed ministrative Office of the United States ment of expenses of attorneys appointed to $1,500 is authorized for official reception and Courts shall reimburse the United States assist the court in criminal cases where the representation expenses. Marshals Service rather than the Depart- ment of Homeland Security. defendant has waived representation by JUDICIAL RETIREMENT FUNDS counsel; the compensation and reimburse- SEC. 307. Section 203(c) of the Judicial Im- PAYMENT TO JUDICIARY TRUST FUNDS ment of travel expenses of guardians ad provements Act of 1990 (Public Law 101–650; litem appointed under 18 U.S.C. 4100(b), act- For payment to the Judicial Officers’ Re- 28 U.S.C. 133 note), is amended— ing on behalf of financially eligible minor or tirement Fund, as authorized by 28 U.S.C. (1) in the third sentence (relating to the incompetent offenders in connection with 377(o), $86,968,000; to the Judicial Survivors’ District of Kansas), by striking ‘‘20 years’’ transfers from the United States to foreign Annuities Fund, as authorized by 28 U.S.C. and inserting ‘‘21 years’’; and countries with which the United States has a 376(c), $12,600,000; and to the United States (2) in the seventh sentence (related to the treaty for the execution of penal sentences Court of Federal Claims Judges’ Retirement District of Hawaii), by striking ‘‘17 years’’ (18 U.S.C. 4100(b)); the compensation and re- Fund, as authorized by 28 U.S.C. 178(l), and inserting ‘‘18 years’’. imbursement of expenses of attorneys ap- $4,200,000. This title may be cited as the ‘‘Judiciary pointed to represent jurors in civil actions UNITED STATES SENTENCING COMMISSION Appropriations Act, 2012’’. for the protection of their employment, as SALARIES AND EXPENSES TITLE IV authorized by 28 U.S.C. 1875(d)(1); the com- For the salaries and expenses necessary to DISTRICT OF COLUMBIA pensation and reimbursement of expenses of carry out the provisions of chapter 58 of title FEDERAL FUNDS attorneys appointed under 18 U.S.C. 983(b)(1) 28, United States Code, $16,500,000, of which in connection with certain judicial civil for- FEDERAL PAYMENT FOR RESIDENT TUITION not to exceed $1,000 is authorized for official SUPPORT feiture proceedings; and for necessary train- reception and representation expenses. ing and general administrative expenses, For a Federal payment to the District of ADMINISTRATIVE PROVISIONS—THE JUDICIARY $1,034,182,000, to remain available until ex- Columbia, to be deposited into a dedicated pended. (INCLUDING TRANSFER OF FUNDS) account, for a nationwide program to be ad- FEES OF JURORS AND COMMISSIONERS SEC. 301. Appropriations and authoriza- ministered by the Mayor, for District of Co- For fees and expenses of jurors as author- tions made in this title which are available lumbia resident tuition support, $30,000,000, ized by 28 U.S.C. 1871 and 1876; compensation for salaries and expenses shall be available to remain available until expended: Provided, of jury commissioners as authorized by 28 for services as authorized by 5 U.S.C. 3109. That such funds, including any interest ac- U.S.C. 1863; and compensation of commis- SEC. 302. Not to exceed 5 percent of any ap- crued thereon, may be used on behalf of eli- sioners appointed in condemnation cases propriation made available for the current gible District of Columbia residents to pay pursuant to rule 71.1(h) of the Federal Rules fiscal year for the Judiciary in this Act may an amount based upon the difference be- of Civil Procedure (28 U.S.C. Appendix Rule be transferred between such appropriations, tween in-State and out-of-State tuition at 71.1(h)), $59,000,000, to remain available until but no such appropriation, except ‘‘Courts of public institutions of higher education, or to pay up to $2,500 each year at eligible private expended: Provided, That the compensation Appeals, District Courts, and Other Judicial of land commissioners shall not exceed the Services, Defender Services’’ and ‘‘Courts of institutions of higher education: Provided daily equivalent of the highest rate payable Appeals, District Courts, and Other Judicial further, That the awarding of such funds may under 5 U.S.C. 5332. Services, Fees of Jurors and Commis- be prioritized on the basis of a resident’s aca- sioners’’, shall be increased by more than 10 demic merit, the income and need of eligible COURT SECURITY percent by any such transfers: Provided, That students and such other factors as may be (INCLUDING TRANSFERS OF FUNDS) any transfer pursuant to this section shall be authorized: Provided further, That the Dis- For necessary expenses, not otherwise pro- treated as a reprogramming of funds under trict of Columbia government shall maintain vided for, incident to the provision of protec- sections 604 and 608 of this Act and shall not a dedicated account for the Resident Tuition tive guard services for United States court- be available for obligation or expenditure ex- Support Program that shall consist of the houses and other facilities housing Federal cept in compliance with the procedures set Federal funds appropriated to the Program court operations, and the procurement, in- forth in section 608. in this Act and any subsequent appropria- stallation, and maintenance of security sys- SEC. 303. Notwithstanding any other provi- tions, any unobligated balances from prior tems and equipment for United States court- sion of law, the salaries and expenses appro- fiscal years, and any interest earned in this houses and other facilities housing Federal priation for ‘‘Courts of Appeals, District or any fiscal year: Provided further, That the court operations, including building ingress- Courts, and Other Judicial Services’’ shall be account shall be under the control of the egress control, inspection of mail and pack- available for official reception and represen- District of Columbia Chief Financial Officer, ages, directed security patrols, perimeter se- tation expenses of the Judicial Conference of who shall use those funds solely for the pur- curity, basic security services provided by the United States: Provided, That such avail- poses of carrying out the Resident Tuition the Federal Protective Service, and other able funds shall not exceed $11,000 and shall Support Program: Provided further, That the similar activities as authorized by section be administered by the Director of the Ad- Office of the Chief Financial Officer shall 1010 of the Judicial Improvement and Access ministrative Office of the United States provide a quarterly financial report to the to Justice Act (Public Law 100–702), Courts in the capacity as Secretary of the Committees on Appropriations of the House $500,000,000, of which not to exceed $15,000,000 Judicial Conference. of Representatives and the Senate for these shall remain available until expended, to be SEC. 304. Within 90 days after the date of funds showing, by object class, the expendi- expended directly or transferred to the the enactment of this Act, the Administra- tures made and the purpose therefor.

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FEDERAL PAYMENT FOR EMERGENCY PLANNING ing, technical assistance, and such other viso, and shall make such records available AND SECURITY COSTS IN THE DISTRICT OF CO- services as are necessary to improve the for audit and public inspection: Provided fur- LUMBIA quality of guardian ad litem representation, ther, That the Court Services and Offender For a Federal payment of necessary ex- payments for counsel appointed in adoption Supervision Agency Director is authorized to penses, as determined by the Mayor of the proceedings under chapter 3 of title 16, D.C. accept and use reimbursement from the Dis- District of Columbia in written consultation Official Code, and payments authorized trict of Columbia Government for space and with the elected county or city officials of under section 21–2060, D.C. Official Code (re- services provided on a cost reimbursable surrounding jurisdictions, $14,900,000, to relating to services provided under the District basis. main available until expended and in addi- of Columbia Guardianship, Protective Pro- FEDERAL PAYMENT TO THE PUBLIC DEFENDER tion any funds that remain available from ceedings, and Durable Power of Attorney Act SERVICE FOR THE DISTRICT OF COLUMBIA of 1986), $55,000,000, to remain available until prior year appropriations under this heading For salaries and expenses, including the expended: Provided, That funds provided for the District of Columbia Government, for transfer and hire of motor vehicles, of the under this heading shall be administered by the costs of providing public safety at events District of Columbia Public Defender Serv- the Joint Committee on Judicial Adminis- related to the presence of the national cap- ice, as authorized by the National Capital tration in the District of Columbia: Provided ital in the District of Columbia, including Revitalization and Self-Government Im- further, That notwithstanding any other pro- support requested by the Director of the provement Act of 1997, $37,241,000: Provided, vision of law, this appropriation shall be ap- United States Secret Service Division in car- That notwithstanding any other provision of portioned quarterly by the Office of Manage- rying out protective duties under the direc- law, all amounts under this heading shall be ment and Budget and obligated and expended tion of the Secretary of Homeland Security, apportioned quarterly by the Office of Man- in the same manner as funds appropriated and for the costs of providing support to re- agement and Budget and obligated and ex- for expenses of other Federal agencies, with spond to immediate and specific terrorist pended in the same manner as funds appro- payroll and financial services to be provided threats or attacks in the District of Colum- priated for salaries and expenses of Federal on a contractual basis with the General bia or surrounding jurisdictions. agencies. Services Administration (GSA), and such FEDERAL PAYMENT TO THE DISTRICT OF services shall include the preparation of FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS monthly financial reports, copies of which COLUMBIA WATER AND SEWER AUTHORITY For salaries and expenses for the District shall be submitted directly by GSA to the For a Federal payment to the District of of Columbia Courts, $230,319,000 to be allo- President and to the Committees on Appro- Columbia Water and Sewer Authority, cated as follows: for the District of Columbia priations of the House of Representatives $15,000,000, to remain available until ex- Court of Appeals, $12,830,000, of which not to and the Senate, the Committee on Oversight pended, to continue implementation of the exceed $2,500 is for official reception and rep- and Government Reform of the House of Rep- Combined Sewer Overflow Long-Term Plan: resentation expenses; for the District of Co- resentatives, and the Committee on Home- Provided, That the District of Columbia lumbia Superior Court, $111,687,000, of which land Security and Governmental Affairs of Water and Sewer Authority provides a 100 not to exceed $2,500 is for official reception the Senate: Provided further, That not more percent match for this payment. and representation expenses; for the District than $10,000,000 of the funds provided in this FEDERAL PAYMENT TO THE CRIMINAL JUSTICE of Columbia Court System, $66,712,000, of account may be transferred to, and merged COORDINATING COUNCIL which not to exceed $2,500 is for official re- with, funds made available under the head- For a Federal payment to the Criminal ception and representation expenses; and ing ‘‘Federal Payment to the District of Co- $39,090,000, to remain available until Sep- Justice Coordinating Council, $1,800,000, to lombia Courts’’ for District of Columbia remain available until expended, to support tember 30, 2013, for capital improvements for courthouse facilities. District of Columbia courthouse facilities: initiatives related to the coordination of FEDERAL PAYMENT TO THE COURT SERVICES Provided, That funds made available for cap- Federal and local criminal justice resources AND OFFENDER SUPERVISION AGENCY FOR THE ital improvements shall be expended con- in the District of Columbia. DISTRICT OF COLUMBIA sistent with the District of Columbia Courts FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS For salaries and expenses, including the master plan study and building evaluation For a Federal payment, to remain avail- report: Provided further, That notwith- transfer and hire of motor vehicles, of the Court Services and Offender Supervision able until September 30, 2013, to the Commis- standing any other provision of law, all sion on Judicial Disabilities and Tenure, amounts under this heading shall be appor- Agency for the District of Columbia, as authorized by the National Capital Revitaliza- $295,000, and for the Judicial Nomination tioned quarterly by the Office of Manage- Commission, $205,000. ment and Budget and obligated and expended tion and Self-Government Improvement Act FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT in the same manner as funds appropriated of 1997, $212,983,000, of which not to exceed for salaries and expenses of other Federal $2,000 is for official reception and representa- For a Federal payment for a school im- agencies, with payroll and financial services tion expenses related to Community Super- provement program in the District of Colum- to be provided on a contractual basis with vision and Pretrial Services Agency pro- bia, $60,000,000, to be allocated as follows: for the General Services Administration (GSA), grams; of which not to exceed $25,000 is for the District of Columbia Public Schools, and such services shall include the prepara- dues and assessments relating to the imple- $20,000,000 to improve public school edu- tion of monthly financial reports, copies of mentation of the Court Services and Of- cation in the District of Columbia, to remain which shall be submitted directly by GSA to fender Supervision Agency Interstate Super- available until expended; for the State Edu- the President and to the Committees on Ap- vision Act of 2002; of which $1,000,000 shall re- cation Office, $20,000,000 to expand quality propriations of the House of Representatives main available until September 30, 2014 for public charter schools in the District of Co- and the Senate, the Committee on Oversight relocation of the Pretrial Services Agency lumbia, to remain available until expended; and Government Reform of the House of Rep- drug testing laboratory; of which $153,548,000 and for the Secretary of the Department of resentatives, and the Committee on Home- shall be for necessary expenses of Commu- Education, $20,000,000 to provide opportunity land Security and Governmental Affairs of nity Supervision and Sex Offender Registra- scholarships for students in the District of the Senate: Provided further, That 30 days tion, to include expenses relating to the su- Columbia in accordance with the Scholar- after providing written notice to the Com- pervision of adults subject to protection or- ships for Opportunity and Results Act (Pub- mittees on Appropriations of the House of ders or the provision of services for or re- lic Law 112–10, division C, 125 Stat. 199), to Representatives and the Senate, the District lated to such persons; of which $59,435,000 remain available until expended. of Columbia Courts may reallocate not more shall be available to the Pretrial Services FEDERAL PAYMENT FOR THE DISTRICT OF than $3,000,000 of the funds provided under Agency: Provided, That notwithstanding any COLUMBIA NATIONAL GUARD other provision of law, all amounts under this heading among the items and entities For a Federal payment to the District of this heading shall be apportioned quarterly funded under this heading, but no such allo- Columbia National Guard, $375,000, to remain by the Office of Management and Budget and cation shall be increased by more than 10 available until expended for the Major Gen- obligated and expended in the same manner percent. eral David F. Wherley, Jr. District of Colum- as funds appropriated for salaries and ex- bia National Guard Retention and College FEDERAL PAYMENT FOR DEFENDER SERVICES IN penses of other Federal agencies: Provided Access Program. DISTRICT OF COLUMBIA COURTS further, That not less than $1,500,000 shall be (INCLUDING TRANSFER OF FUNDS) available for re-entrant housing in the Dis- DISTRICT OF COLUMBIA FUNDS For payments authorized under section 11– trict of Columbia: Provided further, That the The following amounts are appropriated 2604 and section 11–2605, D.C. Official Code Director is authorized to accept and use gifts for the District of Columbia for the current (relating to representation provided under in the form of in-kind contributions of space fiscal year out of the General Fund of the the District of Columbia Criminal Justice and hospitality to support offender and de- District of Columbia (‘‘General Fund’’), ex- Act), payments for counsel appointed in pro- fendant programs, and equipment and voca- cept as otherwise specifically provided: Pro- ceedings in the Family Court of the Superior tional training services to educate and train vided, That notwithstanding any other provi- Court of the District of Columbia under offenders and defendants: Provided further, sion of law, except as provided in section chapter 23 of title 16, D.C. Official Code, or That the Director shall keep accurate and 450A of the District of Columbia Home Rule pursuant to contractual agreements to pro- detailed records of the acceptance and use of Act, (114 Stat. 2440; D.C. Official Code, sec- vide guardian ad litem representation, train- any gift or donation under the previous pro- tion 1–204.50a) and provisions of this Act, the

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7472 CONGRESSIONAL RECORD — SENATE November 15, 2011 total amount appropriated in this Act for op- (7 U.S.C. 1 et seq.), including the purchase (A) to be included in any literature that erating expenses for the District of Columbia and hire of passenger motor vehicles, and the accompanies a battery-operated or assisted for fiscal year 2012 under this heading shall rental of space (to include multiple year consumer product, such as a user manual; not exceed the lesser of the sum of the total leases) in the District of Columbia and else- (B) to be included on packaging for button revenues of the District of Columbia for such where, $240,000,000, to remain available until cell batteries sold to consumers; and fiscal year or $10,911,966,000 (of which September 30, 2013, including not to exceed (C) to be included, as practicable, directly $6,208,646,000 shall be from local funds, (in- $3,000 for official reception and representa- on a battery-operated or assisted consumer cluding $526,594,000 from dedicated taxes), tion expenses, and not to exceed $25,000 for product in a manner that is visible to the $1,015,449,000 shall be from Federal grant the expenses for consultations and meetings consumer upon installation or replacement funds, $1,499,115,000 from Medicaid payments, hosted by the Commission with foreign gov- of the button cell battery. $2,040,504,000 shall be from other funds, and ernmental and other regulatory officials, and (b) Warning labels required under sub- $25,677,000 shall be from private funds, and of which $66,000,000 shall remain available for section (a) shall— $122,575,000 shall be from funds previously ap- information technology investments until (1) clearly identify the hazard of ingestion; propriated in this Act as Federal payments: September 30, 2014. and Provided further, That of the local funds, such CONSUMER PRODUCT SAFETY COMMISSION (2) instruct consumers, as practicable, to amounts as may be necessary may be derived keep new and used batteries out of the reach from the District’s General Fund balance: SALARIES AND EXPENSES of children and to seek immediate medical Provided further, That of these funds the Dis- For necessary expenses of the Consumer attention if a battery is ingested. trict’s intra-District authority shall be Product Safety Commission, including hire (c)(1) The standards required by subsection $619,632,000: in addition, for capital construc- of passenger motor vehicles, services as au- (a) shall be promulgated in accordance with tion projects, an increase of $4,024,828,000, of thorized by 5 U.S.C. 3109, but at rates for in- section 553 of title 5, United States Code. which $2,934,012,000 shall be from local funds, dividuals not to exceed the per diem rate (2) The requirements of subsections (a) $223,858,000 from the District of Columbia equivalent to the maximum rate payable through (f) and (g)(1) of section 9 of the Con- Highway Trust Fund, $50,466,000 from the under 5 U.S.C. 5376, purchase of nominal sumer Product Safety Act (15 U.S.C. 2058) Local Transportation Fund, $816,492,000 from awards to recognize non-Federal officials’ shall not apply to the promulgation of the Federal grant funds, and a rescission of contributions to Commission activities, and standards required by subsection (a) of this $2,835,689,000 of which $1,796,345,000 shall be not to exceed $4,000 for official reception and section. from local funds, $749,426,000 from Federal representation expenses, $114,500,000. grant funds, $252,694,000 from the District of (d) Each final consumer product safety ADMINISTRATIVE PROVISIONS—CONSUMER standard required by subsection (a) shall Columbia Highway Trust Fund, and PRODUCT SAFETY COMMISSION $37,224,000 from the Local Transportation apply to battery-operated or assisted con- SEC. 501. Section 4(g) of the Consumer Fund appropriated under this heading in sumer products manufactured on or after the prior fiscal years, for a net amount of Product Safety Act (15 U.S.C. 2053(g)) is date that is 1 year after the date on which $1,189,139,000, to remain available until ex- amended by adding at the end the following: the Commission promulgates the standard. pended: Provided further, That the amounts ‘‘(5) The Chairman may provide to officers SEC. 504. Not later than 1 year after the provided under this heading are to be avail- and employees of the Commission who are date of the enactment of this Act, the Comp- able, allocated, and expended as proposed appointed or assigned by the Commission to troller General of the United States shall under title III of the Fiscal Year 2012 Budget serve abroad (as defined in section 102 of the conduct an analysis of the potential safety Request Act of 2011, at the rate set forth Foreign Service Act of 1980 (22 U.S.C. 3902)) risks associated with new and emerging con- under ‘‘District of Columbia Funds Division travel benefits similar to those authorized sumer products, including chemicals and of Expenses’’ as included in the of the Fiscal for members of the Foreign Service of the other materials used in their manufacture, Year 2012 Proposed Budget and Financial United Service under chapter 9 of such Act taking into account the ability and author- Plan submitted to the Congress by the Dis- (22 U.S.C. 4081 et seq.).’’. ity of the Consumer Product Safety Commis- trict of Columbia: Provided further, That this SEC. 502. (a) The Consumer Product Safety sion— amount may be increased by proceeds of one- Act (15 U.S.C. 2051 et seq.) is amended by in- (1) to identify, assess, and address such time transactions, which are expended for serting after section 17 the following: risks in a timely manner; and emergency or unanticipated operating or ‘‘SEC. 17A. SERVICE OF PROCESS. (2) to keep abreast of the effects of new and capital needs: Provided further, That such in- ‘‘(a) DESIGNATING AGENTS.— emerging consumer products on public creases shall be approved by enactment of ‘‘(1) IN GENERAL.—The Commission may re- health and safety. local District law and shall comply with all quire a manufacturer, or class of manufac- SEC. 505. Not later than 150 days after the reserve requirements contained in the Dis- turers, offering a consumer product for im- date of the enactment of this Act, the Comp- trict of Columbia Home Rule Act: Provided port to designate an agent in the United troller General of the United States shall further, That the Chief Financial Officer of States on whom service of notices and proc- conduct an analysis of— the District of Columbia shall take such ess in administrative and judicial pro- (1) the extent to which manufacturers com- steps as are necessary to assure that the Dis- ceedings may be made. ply with voluntary industry standards for trict of Columbia meets these requirements, ‘‘(2) FILING.—The designation shall be in consumer products, particularly with respect including the apportioning by the Chief Fi- writing and filed with the Commission. to inexpensive, imported products; nancial Officer of the appropriations and ‘‘(3) MODIFICATION.—The designation may (2) whether there are consequences for such funds made available to the District during be changed in the same way originally made. manufacturers for failing to comply with fiscal year 2012, except that the Chief Finan- ‘‘(b) SERVICE.— such standards; cial Officer may not reprogram for operating ‘‘(1) PLACE OF SERVICE.—An agent may be (3) whether the Consumer Product Safety expenses any funds derived from bonds, served at the agent’s office or usual place of Commission has the authority and the abil- notes, or other obligations issued for capital residence. ity to require compliance with such stand- projects. ‘‘(2) SERVICE ON AGENT IS SERVICE ON MANU- ards; and This title may be cited as the ‘‘District of FACTURER.—Service on the agent is deemed (4) whether there are patterns of non-com- Columbia Appropriations Act, 2012’’. to be service on the manufacturer. pliance with such standards among certain TITLE V ‘‘(3) NO DESIGNATED AGENT.—If a manufac- types of products or certain types of manu- INDEPENDENT AGENCIES turer does not designate an agent, service facturers. may be made by posting the notice or proc- ADMINISTRATIVE CONFERENCE OF THE UNITED SEC. 505. Not later than 540 days after the ess in the office of the Commission.’’. STATES date of the enactment of this Act, the Con- (b) The table of contents in section 1 of SALARIES AND EXPENSES sumer Product Safety Commission shall— such Act is amended by inserting after the (1) in consultation with representatives of For necessary expenses of the Administra- item relating to section 17 the following: tive Conference of the United States, author- consumer groups, window blind manufactur- ‘‘17A. Service of process.’’. ized by 5 U.S.C. 591 et seq., $2,900,000, to reers, and independent engineers and experts, main available until September 30, 2013, of SEC. 503. (a) Not later than 1 year after the examine and assess the effectiveness of the which not to exceed $1,000,000 is for official date of the enactment of this Act, the Con- ANSI/WCMA A100.1–2010 safety standard, as reception and representation expenses. sumer Product Safety Commission shall pro- in effect on the day before the date of the en- mulgate, as a final consumer product safety actment of this Act; and CHRISTOPHER COLUMBUS FELLOWSHIP standard under section 7(a) of the Consumer (2) if the Commission determines that a FOUNDATION Product Safety Act (15 U.S.C. 2056(a))— more stringent standard for window cov- SALARIES AND EXPENSES (1) a standard requiring button cell battery erings, or revised version of the standard de- For payment to the Christopher Columbus compartments of battery-operated or as- scribed in paragraph (1), would eliminate the Fellowship Foundation, established by sec- sisted consumer products to be secured, to strangulation risk posed by corded window tion 423 of Public Law 102–281, $450,000, to re- the greatest extent practicable, in a manner coverings, promulgate, in accordance with main available until expended. that reduces access to button cell batteries section 553 of title 5, United States Code, a COMMODITY FUTURES TRADING COMMISSION by children that are 3 years of age or young- window covering safety standard that is For necessary expenses to carry out the er; and more stringent than the standard described provisions of the Commodity Exchange Act (2) standards requiring warning labels— in paragraph (1).

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ELECTION ASSISTANCE COMMISSION ity, pursuant to Reorganization Plan Num- ervation, demolition, and equipment; acqui- SALARIES AND EXPENSES bered 2 of 1978, and the Civil Service Reform sition of buildings and sites by purchase, (INCLUDING TRANSFER OF FUNDS) Act of 1978, including services authorized by condemnation, or as otherwise authorized by 5 U.S.C. 3109, and including hire of experts law; acquisition of options to purchase build- For necessary expenses to carry out the ings and sites; conversion and extension of Help America Vote Act of 2002 (Public Law and consultants, hire of passenger motor ve- federally owned buildings; preliminary plan- 107–252), $14,750,000, of which $3,250,000 shall hicles, and rental of conference rooms in the ning and design of projects by contract or be transferred to the National Institute of District of Columbia and elsewhere, otherwise; construction of new buildings (in- Standards and Technology for election re- $24,723,000: Provided, That public members of cluding equipment for such buildings); and form activities authorized under the Help the Federal Service Impasses Panel may be payment of principal, interest, and any other America Vote Act of 2002. paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. obligations for public buildings acquired by FEDERAL COMMUNICATIONS COMMISSION 5703) for persons employed intermittently in installment purchase and purchase contract; SALARIES AND EXPENSES the Government service, and compensation in the aggregate amount of $8,144,967,000, of For necessary expenses of the Federal as authorized by 5 U.S.C. 3109: Provided fur- which: (1) $65,000,000 shall remain available Communications Commission, as authorized ther, That notwithstanding 31 U.S.C. 3302, until expended for construction and acquisi- by law, including uniforms and allowances funds received from fees charged to non-Fed- tion (including funds for sites and expenses, therefor, as authorized by 5 U.S.C. 5901–5902; eral participants at labor-management rela- and associated design and construction serv- not to exceed $4,000 for official reception and tions conferences shall be credited to and ices): Provided, That the General Services representation expenses; purchase and hire merged with this account, to be available Administration shall submit a detailed plan, of motor vehicles; special counsel fees; and without further appropriation for the costs by project, regarding the use of funds to the services as authorized by 5 U.S.C. 3109, of carrying out these conferences. Committees on Appropriations of the House $354,181,000: Provided, That $354,181,000 of off- of Representatives and the Senate within 30 FEDERAL TRADE COMMISSION setting collections shall be assessed and col- days of enactment of this section and will lected pursuant to section 9 of title I of the SALARIES AND EXPENSES provide notification to the Committees with- Communications Act of 1934, shall be re- For necessary expenses of the Federal in 15 days prior to any changes regarding the tained and used for necessary expenses in Trade Commission, including uniforms or al- use of these funds; (2) $280,000,000, including this appropriation, and shall remain avail- lowances therefor, as authorized by 5 U.S.C. $20,000,000 for a Judicial Capital Security able until expended: Provided further, That 5901–5902; services as authorized by 5 U.S.C. program, to remain available until expended the sum herein appropriated shall be reduced 3109; hire of passenger motor vehicles; and for repairs and alterations, which includes as such offsetting collections are received not to exceed $2,000 for official reception and associated design and construction services: during fiscal year 2012 so as to result in a representation expenses, $311,563,000, to re- Provided further, That funds made available final fiscal year 2012 appropriation estimated main available until expended: Provided, in this or any previous Act in the Federal at $0: Provided further, That any offsetting That not to exceed $300,000 shall be available Buildings Fund for Repairs and Alterations collections received in excess of $354,181,000 for use to contract with a person or persons shall, for prospectus projects, be limited to in fiscal year 2012 shall not be available for for collection services in accordance with the amount identified for each project, ex- obligation: Provided further, That remaining the terms of 31 U.S.C. 3718: Provided further, cept each project in this or any previous Act offsetting collections from prior years col- That, notwithstanding any other provision may be increased by an amount not to ex- lected in excess of the amount specified for of law, not to exceed $149,000,000 of offsetting ceed 10 percent unless advance approval is collection in each such year and otherwise collections derived from fees collected for obtained from the Committees on Appropria- becoming available on October 1, 2011, shall premerger notification filings under the tions of a greater amount: Provided further, not be available for obligation: Provided fur- Hart-Scott-Rodino Antitrust Improvements That additional projects for which ther, That notwithstanding 47 U.S.C. Act of 1976 (15 U.S.C. 18a), regardless of the prospectuses have been fully approved may 309(j)(8)(B), proceeds from the use of a com- year of collection, shall be retained and used be funded under this category only if ad- petitive bidding system that may be retained for necessary expenses in this appropriation: vance approval is obtained from the Commit- and made available for obligation shall not Provided further, That, notwithstanding any tees on Appropriations: Provided further, exceed $85,000,000 for fiscal year 2012: Pro- other provision of law, not to exceed That the amounts provided in this or any vided further, That of the amount appro- $21,000,000 in offsetting collections derived prior Act for ‘‘Repairs and Alterations’’ may priated under this heading, not less than from fees sufficient to implement and en- be used to fund costs associated with imple- $11,721,000 shall be for the salaries and ex- force the Telemarketing Sales Rule, promul- menting security improvements to buildings penses of the Office of Inspector General. gated under the Telemarketing and Con- necessary to meet the minimum standards sumer Fraud and Abuse Prevention Act (15 for security in accordance with current law ADMINISTRATIVE PROVISIONS—FEDERAL U.S.C. 6101 et seq.), shall be credited to this and in compliance with the reprogramming COMMUNICATIONS COMMISSION account, and be retained and used for nec- guidelines of the appropriate Committees of SEC. 510. Section 302 of the Universal Serv- essary expenses in this appropriation: Pro- the House and Senate: Provided further, That ice Antideficiency Temporary Suspension vided further, That the sum herein appro- the difference between the funds appro- Act is amended by striking ‘‘December 31, priated from the general fund shall be re- priated and expended on any projects in this 2011’’, each place it appears and inserting duced as such offsetting collections are re- or any prior Act, under the heading ‘‘Repairs ‘‘December 31, 2013’’. ceived during fiscal year 2012, so as to result and Alterations’’, may be transferred to SEC. 511. None of the funds appropriated by in a final fiscal year 2012 appropriation from Basic Repairs and Alterations or used to this Act may be used by the Federal Commu- the general fund estimated at not more than fund authorized increases in prospectus nications Commission to modify, amend, or $141,563,000: Provided further, That none of the projects: Provided further, That all funds for change its rules or regulations for universal funds made available to the Federal Trade repairs and alterations prospectus projects service support payments to implement the Commission may be used to implement sub- shall expire on September 30, 2013 and re- February 27, 2004 recommendations of the section (e)(2)(B) of section 43 of the Federal main in the Federal Buildings Fund except Federal-State Joint Board on Universal Deposit Insurance Act (12 U.S.C. 1831t). funds for projects as to which funds for de- Service regarding single connection or pri- GENERAL SERVICES ADMINISTRATION sign or other funds have been obligated in mary line restrictions on universal service whole or in part prior to such date: Provided REAL PROPERTY ACTIVITIES support payments. further, That the amount provided in this or FEDERAL DEPOSIT INSURANCE CORPORATION FEDERAL BUILDINGS FUND any prior Act for Basic Repairs and Alter- OFFICE OF THE INSPECTOR GENERAL LIMITATIONS ON AVAILABILITY OF REVENUE ations may be used to pay claims against the For necessary expenses of the Office of In- Amounts in the Fund, including revenues Government arising from any projects under spector General in carrying out the provi- and collections deposited into the Fund shall the heading ‘‘Repairs and Alterations’’ or sions of the Inspector General Act of 1978, be available for necessary expenses of real used to fund authorized increases in pro- $45,261,000, to be derived from the Deposit In- property management and related activities spectus projects; (3) $126,801,000 for install- surance Fund or, only when appropriate, the not otherwise provided for, including oper- ment acquisition payments including pay- FSLIC Resolution Fund. ation, maintenance, and protection of feder- ments on purchase contracts which shall re- FEDERAL ELECTION COMMISSION ally owned and leased buildings; rental of main available until expended; (4) buildings in the District of Columbia; res- $5,285,198,000 for rental of space which shall SALARIES AND EXPENSES toration of leased premises; moving govern- remain available until expended; and (5) For necessary expenses to carry out the mental agencies (including space adjust- $2,387,968,000 for building operations which provisions of the Federal Election Campaign ments and telecommunications relocation shall remain available until expended: Pro- Act of 1971, $66,367,000, of which not to exceed expenses) in connection with the assignment, vided further, That funds available to the $5,000 shall be available for reception and allocation and transfer of space; contractual General Services Administration shall not be representation expenses. services incident to cleaning or servicing available for expenses of any construction, FEDERAL LABOR RELATIONS AUTHORITY buildings, and moving; repair and alteration repair, alteration and acquisition project for SALARIES AND EXPENSES of federally owned buildings including which a prospectus, if required by 40 U.S.C. For necessary expenses to carry out func- grounds, approaches and appurtenances; care 3307(a), has not been approved, except that tions of the Federal Labor Relations Author- and safeguarding of sites; maintenance, pres- necessary funds may be expended for each

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7474 CONGRESSIONAL RECORD — SENATE November 15, 2011 project for required expenses for the develop- izen Services Fund shall only be available explanatory statement to each of such comment of a proposed prospectus: Provided fur- for necessary expenses of Federal Citizen mittees and the Committees on Appropria- ther, That funds available in the Federal Services and other information activities in tions of the House of Representatives and Buildings Fund may be expended for emer- the aggregate amount not to exceed the Senate prior to exercising any lease au- gency repairs when advance approval is ob- $90,000,000: Provided further, That revenues thority provided in the resolution. tained from the Committees on Appropria- and collections accruing to the Fund during SEC. 526. Section 1703 of title 41 U.S.C. is tions: Provided further, That amounts nec- fiscal year 2012 in excess of such amount amended in paragraph (i)(6) by: essary to provide reimbursable special serv- shall remain available in the Fund without (1) deleting ‘‘for training’’; and ices to other agencies under 40 U.S.C. regard to fiscal year and shall not be avail- (2) deleting ‘‘paragraph (2)’’ and inserting 592(b)(2) and amounts to provide such reim- able for expenditure except as authorized in in lieu thereof ‘‘subparagraphs (A) and (C) to bursable fencing, lighting, guard booths, and appropriations acts. (J) of section 1122(a)(5) of this title’’. other facilities on private or other property SEC. 527. (a) The Administrator of General ALLOWANCES AND OFFICE STAFF FOR FORMER Services (Administrator), through a deed of not in Government ownership or control as PRESIDENTS may be appropriate to enable the United release or other appropriate instrument, For carrying out the provisions of the Act States Secret Service to perform its protec- may release to the city of Tracy, California of August 25, 1958 (3 U.S.C. 102 note), and tive functions pursuant to 18 U.S.C. 3056, (the City) the reversionary interests retained Public Law 95–138, $3,671,000. by the United States, and all other terms, shall be available from such revenues and conditions, reservations, and restrictions im- collections: Provided further, That revenues ADMINISTRATIVE PROVISIONS—GENERAL posed, in connection with the conveyance of and collections and any other sums accruing SERVICES ADMINISTRATION the 200 acres conveyed pursuant to Public to this Fund during fiscal year 2012, exclud- (INCLUDING TRANSFERS OF FUNDS AND Law 105–277 section 140, as amended by Pub- ing reimbursements under 40 U.S.C. 592(b)(2) RESCISSION) lic Law 106–31 section 3034 and Public Law in excess of the aggregate new obligational SEC. 520. Funds available to the General 108–199 section 411. The exact acreage and authority authorized for Real Property Ac- Services Administration shall be available legal description of the parcel to be released tivities of the Federal Buildings Fund in this for the hire of passenger motor vehicles. under subsection (a) shall be determined by a Act shall remain in the Fund and shall not SEC. 521. Funds in the Federal Buildings survey that is satisfactory to the Adminis- be available for expenditure except as au- Fund made available for fiscal year 2012 for trator. thorized in appropriations Acts. Federal Buildings Fund activities may be (b) As consideration for such release au- GENERAL ACTIVITIES transferred between such activities only to thorized under subsection (a), the City shall GOVERNMENT-WIDE POLICY the extent necessary to meet program repay to the Administrator an amount not less than the property’s appraised Fair Market For expenses authorized by law, not other- quirements: Provided, That any proposed Value as determined by the Administrator. wise provided for, for Government-wide pol- transfers shall be approved in advance by the The determination of the Administrator is icy and evaluation activities associated with Committees on Appropriations of the House final. The Administrator shall determine the the management of real and personal prop- of Representatives and the Senate. property’s Fair Market Value through an ap- erty assets and certain administrative serv- SEC. 522. Except as otherwise provided in praisal conducted by a licensed, independent ices; Government-wide policy support re- this title, funds made available by this Act shall be used to transmit a fiscal year 2013 appraiser. The appraisal shall be based on sponsibilities relating to acquisition, tele- the property’s highest and best use. communications, information technology request for United States Courthouse construction only if the request: (1) meets the (c) As soon as practicable, but not more management, and related technology activi- than 180 days after enactment of this Act, ties; services as authorized by 5 U.S.C. 3109; design guide standards for construction as established and approved by the General the City shall enter into a binding agree- and the Office of High Performance Green ment with the Administrator for the convey- Buildings; $61,750,000. Services Administration, the Judicial Con- ference of the United States, and the Office ance described in subsection (a) of this sec- OPERATING EXPENSES of Management and Budget; (2) reflects the tion. The net proceeds from sale shall be de- For expenses authorized by law, not other- priorities of the Judicial Conference of the posited into the Federal Buildings Fund es- wise provided for, for Government-wide ac- United States as set out in its approved 5- tablished under section 592 of title 40 of the tivities associated with utilization and dona- year construction plan; and (3) includes a United States Code. (d) The City shall be responsible for reim- tion of surplus personal property; disposal of standardized courtroom utilization study of bursing the Administrator for the costs asso- real property; agency-wide policy direction, each facility to be constructed, replaced, or ciated with implementing this section, in- management, and communications; the Ci- expanded. cluding the costs of appraisal and survey. vilian Board of Contract Appeals; services as SEC. 523. None of the funds provided in this The Administrator may require such addi- authorized by 5 U.S.C. 3109; and not to exceed Act may be used to increase the amount of tional terms and conditions in connection $7,500 for official reception and representa- occupiable square feet, provide cleaning with the release under subsection (a) as the tion expenses; $70,000,000. services, security enhancements, or any Administrator considers appropriate to pro- other service usually provided through the OFFICE OF INSPECTOR GENERAL tect the interests of the United States. For necessary expenses of the Office of In- Federal Buildings Fund, to any agency that SEC. 528. Of the amounts made available spector General and service authorized by 5 does not pay the rate per square foot assess- under the heading ‘‘Policy and Operations’’ U.S.C. 3109, $58,000,000: Provided, That not to ment for space and services as determined by for the maintenance, protection, and dis- exceed $15,000 shall be available for payment the General Services Administration in com- posal of the U.S. Coast Guard Service Center for information and detection of fraud pliance with the Public Buildings Amend- at Governor’s Island, New York and the against the Government, including payment ments Act of 1972 (Public Law 92–313). Lorton Correctional Facility in Lorton, Vir- for recovery of stolen Government property: SEC. 524. From funds made available under ginia in prior years whether approporated di- Provided further, That not to exceed $2,500 the heading ‘‘Federal Buildings Fund, Limi- rectly to the General Services Administra- shall be available for awards to employees of tations on Availability of Revenue’’, claims tion (GSA) or to any other agency of the other Federal agencies and private citizens against the Government of less than $250,000 Government and received by GSA for such in recognition of efforts and initiatives re- arising from direct construction projects and purpose, $4,600,000 are rescinded. sulting in enhanced Office of Inspector Gen- acquisition of buildings may be liquidated SEC. 529. Within 120 days of enactment, the eral effectiveness. from savings effected in other construction General Services Administration shall sub- projects with prior notification to the Com- mit a detailed report to the Committees on INFORMATION AND ENGAGEMENT FOR CITIZENS mittees on Appropriations of the House of Appropriations of the House of Representa- (INCLUDING TRANSFER OF FUNDS) Representatives and the Senate. tives and the Senate that describes each pro- For necessary expenses of the Office of Cit- SEC. 525. In any case in which the Com- gram, project, or activity that is funded by izen Services and Innovative Technologies, mittee on Transportation and Infrastructure appropriations to General Services Adminis- including services authorized by 5 U.S.C. of the House of Representatives and the tration but is not under the control or direc- 3109, and for the necessary expenses in sup- Committee on Environment and Public tion, in statute or in practice, of the Admin- port of interagency projects that enable the Works of the Senate adopt a resolution istrator of General Services. Federal Government to conduct activities granting lease authority pursuant to a pro- HARRY S TRUMAN SCHOLARSHIP FOUNDATION electronically, through the development and spectus transmitted to Congress by the Ad- SALARIES AND EXPENSES implementation of innovative uses of infor- ministrator of the General Services Adminis- For payment to the Harry S Truman mation technology, $39,084,000 to be depos- tration under 40 U.S.C. 3307, the Adminis- Scholarship Foundation Trust Fund, estab- ited to the Federal Citizen Services Fund trator shall ensure that the delineated area lished by section 10 of Public Law 93–642, and that these funds may be transferred to of procurement is identical to the delineated $700,000, to remain available until expended. Federal agencies to carry out the purpose of area included in the prospectus for all lease MERIT SYSTEMS PROTECTION BOARD the fund and this transfer authority shall be agreements, except that, if the Adminis- in addition to any other transfer authority trator determines that the delineated area of SALARIES AND EXPENSES provided in the Act: Provided, That the ap- the procurement should not be identical to (INCLUDING TRANSFER OF FUNDS) propriations, revenues, reimburseables, and the delineated area included in the pro- For necessary expenses to carry out func- collections deposited into the Federal Cit- spectus, the Administrator shall provide an tions of the Merit Systems Protection Board

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7475 pursuant to Reorganization Plan Numbered 2 shall be available to implement the National ment, hiring, training, and retention of such of 1978, the Civil Service Reform Act of 1978, Archives and Records Administration Cap- workforce and information technology in and the Whistleblower Protection Act of 1989 ital Improvement Plan: Provided further, support of acquisition workforce effective- (5 U.S.C. 5509 note), including services as au- That from amounts made available under ness or for management solutions to improve thorized by 5 U.S.C. 3109, rental of conference this heading in Public Law 111–8 for con- acquisition management, $1,416,000 shall re- rooms in the District of Columbia and else- struction costs and related services for build- main available until expended for the Human where, hire of passenger motor vehicles, di- ing the addition to the John F. Kennedy Resources Line of Business project; and in rect procurement of survey printing, and not Presidential Library and Museum and other addition $112,516,000 for administrative ex- to exceed $2,000 for official reception and rep- necessary expenses, including renovating the penses, to be transferred from the appro- resentation expenses, $40,258,000 together Library as needed in constructing the addi- priate trust funds of OPM without regard to with not to exceed $2,345,000 for administration, the remaining unobligated balances other statutes, including direct procurement tive expenses to adjudicate retirement ap- shall be available to implement the National of printed materials, for the retirement and peals to be transferred from the Civil Service Archives and Records Administration Cap- insurance programs: Provided, That the pro- Retirement and Disability Fund in amounts ital Improvement Plan. visions of this appropriation shall not affect determined by the Merit Systems Protection NATIONAL HISTORICAL PUBLICATIONS AND the authority to use applicable trust funds Board. RECORDS COMMISSION as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: MORRIS K. UDALL AND STEWART L. UDALL GRANTS PROGRAM FOUNDATION Provided further, That no part of this appro- For necessary expenses for allocations and priation shall be available for salaries and MORRIS K. UDALL AND STEWART L. UDALL grants for historical publications and records expenses of the Legal Examining Unit of TRUST FUND as authorized by 44 U.S.C. 2504, $5,000,000, to OPM established pursuant to Executive (INCLUDING TRANSFER OF FUNDS) remain available until expended. Order No. 9358 of July 1, 1943, or any suc- For payment to the Morris K. Udall and NATIONAL CREDIT UNION ADMINISTRATION cessor unit of like purpose: Provided further, Stewart L. Udall Trust Fund, pursuant to CENTRAL LIQUIDITY FACILITY That the President’s Commission on White the Morris K. Udall and Stewart L. Udall During fiscal year 2012, gross obligations of House Fellows, established by Executive Foundation Act (20 U.S.C. 5601 et seq.), the Central Liquidity Facility for the prin- Order No. 11183 of October 3, 1964, may, dur- $2,200,000, to remain available until ex- cipal amount of new direct loans to member ing fiscal year 2012, accept donations of pended, of which up to $50,000 shall be used to credit unions, as authorized by 12 U.S.C. 1795 money, property, and personal services: Pro- conduct financial audits pursuant to the Ac- et seq., shall be the amount authorized by vided further, That such donations, including countability of Tax Dollars Act of 2002 (Pub- section 307(a)(4)(A) of the Federal Credit those from prior years, may be used for the lic Law 107–289) notwithstanding sections 8 Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, development of publicity materials to pro- and 9 of Public Law 102–259: Provided, That That administrative expenses of the Central vide information about the White House Fel- up to 60 percent of such funds may be trans- Liquidity Facility in fiscal year 2012 shall lows, except that no such donations shall be ferred by the Morris K. Udall and Stewart L. not exceed $1,250,000. accepted for travel or reimbursement of Udall Foundation for the necessary expenses travel expenses, or for the salaries of em- COMMUNITY DEVELOPMENT REVOLVING LOAN of the Native Nations Institute. ployees of such Commission. FUND ENVIRONMENTAL DISPUTE RESOLUTION FUND For the Community Development Revolv- OFFICE OF INSPECTOR GENERAL For payment to the Environmental Dis- ing Loan Fund program as authorized by 42 SALARIES AND EXPENSES pute Resolution Fund to carry out activities U.S.C. 9812, 9822 and 9910, $1,247,000 shall be authorized in the Environmental Policy and available until September 30, 2013 for tech- (INCLUDING TRANSFER OF TRUST FUNDS) Conflict Resolution Act of 1998, $3,792,000, to nical assistance to low-income designated For necessary expenses of the Office of In- remain available until expended. credit unions. spector General in carrying out the provi- NATIONAL ARCHIVES AND RECORDS OFFICE OF GOVERNMENT ETHICS sions of the Inspector General Act of 1978, in- ADMINISTRATION cluding services as authorized by 5 U.S.C. SALARIES AND EXPENSES OPERATING EXPENSES 3109, hire of passenger motor vehicles, For necessary expenses to carry out func- $3,142,000, and in addition, not to exceed For necessary expenses in connection with tions of the Office of Government Ethics pur- $21,174,000 for administrative expenses to the administration of the National Archives suant to the Ethics in Government Act of audit, investigate, and provide other over- and Records Administration (including the 1978, and the Ethics Reform Act of 1989, insight of the Office of Personnel Manage- Information Security Oversight Office) and cluding services as authorized by 5 U.S.C. ment’s retirement and insurance programs, archived Federal records and related activi- 3109, rental of conference rooms in the Dis- to be transferred from the appropriate trust ties, as provided by law, and for expenses trict of Columbia and elsewhere, hire of pas- funds of the Office of Personnel Manage- necessary for the review and declassification senger motor vehicles, and not to exceed ment, as determined by the Inspector Gen- of documents and the activities of the Public $1,500 for official reception and representa- eral: Provided, That the Inspector General is Interest Declassification Board, and for nec- tion expenses, $13,664,000. authorized to rent conference rooms in the essary expenses in connection with the oper- OFFICE OF PERSONNEL MANAGEMENT District of Columbia and elsewhere. ations and maintenance of the electronic SALARIES AND EXPENSES records archives to include all direct project GOVERNMENT PAYMENT FOR ANNUITANTS, costs associated with research, program (INCLUDING TRANSFER OF TRUST FUNDS) EMPLOYEES HEALTH BENEFITS management, and corrective and adaptive For necessary expenses to carry out func- For payment of Government contributions software maintenance, and for the hire of tions of the Office of Personnel Management with respect to retired employees, as author- passenger motor vehicles, and for uniforms [OPM] pursuant to Reorganization Plan ized by chapter 89 of title 5, United States or allowances therefor, as authorized by law Numbered 2 of 1978 and the Civil Service Re- Code, and the Retired Federal Employees (5 U.S.C. 5901 et seq.), including mainte- form Act of 1978, including services as au- Health Benefits Act (74 Stat. 849), such sums nance, repairs, and cleaning, $378,845,000: Pro- thorized by 5 U.S.C. 3109; medical examina- as may be necessary. vided, That all remaining balances appro- tions performed for veterans by private phy- priated in prior fiscal years under the head- sicians on a fee basis; rental of conference GOVERNMENT PAYMENT FOR ANNUITANTS, ing ‘‘Electronic Records Archives’’ shall be rooms in the District of Columbia and else- EMPLOYEE LIFE INSURANCE transferred to this account. where; hire of passenger motor vehicles; not For payment of Government contributions OFFICE OF INSPECTOR GENERAL to exceed $2,500 for official reception and rep- with respect to employees retiring after De- resentation expenses; advances for reim- For necessary expenses of the Office of In- cember 31, 1989, as required by chapter 87 of bursements to applicable funds of OPM and spector General in carrying out the provi- title 5, United States Code, such sums as the Federal Bureau of Investigation for ex- sions of the Inspector General Reform Act of may be necessary. penses incurred under Executive Order No. 2008, Public Law 110–409, 122 Stat. 4302–16 10422 of January 9, 1953, as amended; and pay- PAYMENT TO CIVIL SERVICE RETIREMENT AND (2008), and the Inspector General Act of 1978 ment of per diem and/or subsistence allow- DISABILITY FUND (5 U.S.C. App.), and for the hire of passenger ances to employees where Voting Rights Act For financing the unfunded liability of new motor vehicles, $4,100,000. activities require an employee to remain and increased annuity benefits becoming ef- REPAIRS AND RESTORATION overnight at his or her post of duty, fective on or after October 20, 1969, as au- For the repair, alteration, and improve- $97,774,000, of which $6,004,000 shall remain thorized by 5 U.S.C. 8348, and annuities under ment of archives facilities, and to provide available until expended for the Enterprise special Acts to be credited to the Civil Serv- adequate storage for holdings, $9,659,000, to Human Resources Integration project, of ice Retirement and Disability Fund, such remain available until expended: Provided, which $642,000 may be for strengthening the sums as may be necessary: Provided, That an- That from amounts made available for the capacity and capabilities of the acquisition nuities authorized by the Act of May 29, 1944, Military Personnel Records Center require- workforce (as defined by the Office of Fed- and the Act of August 19, 1950 (33 U.S.C. 771– ment study under this heading in Public Law eral Procurement Policy Act, as amended (41 775), may hereafter be paid out of the Civil 108–199, the remaining unobligated balances U.S.C. 4001 et seq.)), including the recruit- Service Retirement and Disability Fund.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7476 CONGRESSIONAL RECORD — SENATE November 15, 2011

OFFICE OF SPECIAL COUNSEL and meetings including: (1) such incidental the applicable percentage under section SALARIES AND EXPENSES expenses as meals taken in the course of 7(m)(4)(A) of the Small Business Act shall be For necessary expenses to carry out func- such attendance; (2) any travel and transpor- 50 percent: Provided further, That $7,100,000 tions of the Office of Special Counsel pursu- tation to or from such meetings; and (3) any shall be available for the Loan Moderniza- ant to Reorganization Plan Numbered 2 of other related lodging or subsistence; Pro- tion and Accounting System, to be available 1978, the Civil Service Reform Act of 1978 vided, That fees and charges authorized by until September 30, 2013: Provided further, (Public Law 95–454), the Whistleblower Pro- section 31 of the Securities Exchange Act of That $2,000,000 shall be for the Federal and tection Act of 1989 (Public Law 101–12), Pub- 1934 (15 U.S.C. 78ee) shall be credited to this State Technology Partnership Program lic Law 107–304, and the Uniformed Services account as offsetting collections: Provided under section 34 of the Small Business Act Employment and Reemployment Rights Act further, That not to exceed $1,407,483,000 of (15 U.S.C. 657d). of 1994 (Public Law 103–353), including serv- such offsetting collections shall be available OFFICE OF INSPECTOR GENERAL until expended for necessary expenses of this ices as authorized by 5 U.S.C. 3109, payment For necessary expenses of the Office of In- account: Provided further, That the total of fees and expenses for witnesses, rental of spector General in carrying out the provi- amount appropriated under this heading conference rooms in the District of Columbia sions of the Inspector General Act of 1978, from the general fund for fiscal year 2012 and elsewhere, and hire of passenger motor $16,267,400. vehicles; $18,972,000. shall be reduced as such offsetting fees are received so as to result in a final total fiscal OFFICE OF ADVOCACY POSTAL REGULATORY COMMISSION year 2012 appropriation from the general (INCLUDING TRANSFER OF FUNDS) SALARIES AND EXPENSES fund estimated at not more than $0. For necessary expenses of the Office of Ad- (INCLUDING TRANSFER OF FUNDS) SELECTIVE SERVICE SYSTEM vocacy in carrying out the provisions of title For necessary expenses of the Postal Regu- SALARIES AND EXPENSES II of Public Law 94–305 (15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act of 1980 (5 latory Commission in carrying out the provi- For necessary expenses of the Selective U.S.C. 601 et seq.), $9,120,000, to remain avail- sions of the Postal Accountability and En- Service System, including expenses of at- able until expended. hancement Act (Public Law 109–435), tendance at meetings and of training for uni- $14,304,000, to be derived by transfer from the formed personnel assigned to the Selective BUSINESS LOANS PROGRAM ACCOUNT Postal Service Fund and expended as author- Service System, as authorized by 5 U.S.C. (INCLUDING TRANSFER OF FUNDS) ized by section 603(a) of such Act. 4101–4118 for civilian employees; purchase of For the cost of direct loans, $3,678,000, to PRIVACY AND CIVIL LIBERTIES OVERSIGHT uniforms, or allowances therefor, as author- remain available until expended, and for the BOARD ized by 5 U.S.C. 5901–5902; hire of passenger cost of guaranteed loans as authorized by SALARIES AND EXPENSES motor vehicles; services as authorized by 5 section 7(a) of the Small Business Act and For necessary expenses of the Privacy and U.S.C. 3109; and not to exceed $750 for official section 503 of the Small Business Investment Civil Liberties Oversight Board, as author- reception and representation expenses; Act of 1958, $206,862,000, to remain available ized by section 1061 of the Intelligence Re- $23,984,000: Provided, That during the current until expended: Provided, That such costs, inform and Terrorism Prevention Act of 2004 (5 fiscal year, the President may exempt this cluding the cost of modifying such loans, U.S.C. 601 note), $1,000,000, to remain avail- appropriation from the provisions of 31 shall be as defined in section 502 of the Con- able until September 30, 2013. U.S.C. 1341, whenever the President deems gressional Budget Act of 1974: Provided fur- such action to be necessary in the interest of RECOVERY ACCOUNTABILITY AND ther, That subject to section 502 of the Con- national defense: Provided further, That none TRANSPARENCY BOARD gressional Budget Act of 1974, during fiscal of the funds appropriated by this Act may be year 2012 commitments to guarantee loans SALARIES AND EXPENSES expended for or in connection with the in- under section 503 of the Small Business In- For necessary expenses of the Recovery duction of any person into the Armed Forces vestment Act of 1958 shall not exceed Accountability and Transparency Board to of the United States. $7,500,000,000: Provided further, That during carry out the provisions of title XV of the SMALL BUSINESS ADMINISTRATION fiscal year 2012 commitments for general American Recovery and Reinvestment Act of SALARIES AND EXPENSES business loans authorized under section 7(a) 2009 (Public Law 111–5), $28,400,000, to remain of the Small Business Act shall not exceed For necessary expenses, not otherwise pro- available until September 30, 2012. $17,500,000,000 for a combination of amor- vided for, of the Small Business Administra- SECURITIES AND EXCHANGE COMMISSION tizing term loans and the aggregated max- tion as authorized by Public Law 108–447, in- imum line of credit provided by revolving SALARIES AND EXPENSES cluding hire of passenger motor vehicles as loans: Provided further, That during fiscal For necessary expenses for the Securities authorized by 31 U.S.C. 1343 and 1344, and not year 2012 commitments to guarantee loans and Exchange Commission, including serv- to exceed $3,500 for official reception and rep- for debentures under section 303(b) of the ices as authorized by 5 U.S.C. 3109, the rental resentation expenses, $404,202,000: Provided, Small Business Investment Act of 1958, shall of space (to include multiple year leases) in That the Administrator is authorized to not exceed $3,000,000,000: Provided further, the District of Columbia and elsewhere, and charge fees to cover the cost of publications That during fiscal year 2012, guarantees of not to exceed $3,500 for official reception and developed by the Small Business Administra- trust certificates authorized by section 5(g) representation expenses, $1,407,483,130, to re- tion, and certain loan program activities, in- of the Small Business Act shall not exceed a main available until expended; of which not cluding fees authorized by section 5(b) of the principal amount of $12,000,000,000. In addi- less than $6,795,000 shall be for the Office of Small Business Act: Provided further, That, tion, for administrative expenses to carry Inspector General; of which not to exceed notwithstanding 31 U.S.C. 3302, revenues re- out the direct and guaranteed loan pro- $45,000 may be used toward funding a perma- ceived from all such activities shall be cred- grams, $147,958,000, which may be transferred nent secretariat for the International Orga- ited to this account, to remain available to and merged with the appropriations for nization of Securities Commissions; of until expended, for carrying out these pur- Salaries and Expenses. which, $483,130 shall be for strengthening the poses without further appropriations: Pro- capacity and capabilities of the acquisition vided further, That the Small Business Ad- DISASTER LOAN PROGRAM ACCOUNT workforce as defined by the Office of Federal ministration may accept gifts in an amount For an additional amount for the ‘‘Disaster Procurement Policy Act, as amended (41 not to exceed $4,000,000 and may co-sponsor Loans Program Account’’ for the administra- U.S.C. 401 et seq.), including the recruit- activities, each in accordance with section tive costs of direct loans authorized by sec- ment, hiring, training, and retention of such 132(a) of division K of Public Law 108-447, tion 7(b) of the Small Business Act and re- workforce and information technology in during fiscal year 2012: Provided further, That sulting from a major disaster designation support of acquisition workforce effective- $112,774,000 shall be available to fund grants pursuant to the Robert T. Stafford Disaster ness or for management solutions to improve for performance in fiscal year 2012 or fiscal Relief and Emergency Assistance Act (42 acquisition management; and of which not to year 2013 as authorized by section 21 of the U.S.C. 5122(2)), $167,300,000, to remain avail- exceed $100,000 shall be available for expenses Small Business Act, of which $1,000,000 shall able until expended, of which $1,000,000 is for for consultations and meetings hosted by the be for the Veterans Assistance and Services the Office of Inspector General of the Small Commission with foreign governmental and Program authorized by section 21(n) of the Business Administration for audits and re- other regulatory officials, members of their Small Business Act, as added by section 107 views of disaster loans and the disaster loan delegations, appropriate representatives and of Public Law 110–186, and of which $1,000,000 programs and shall be transferred to and staff to exchange views concerning develop- shall be for the Small Business Energy Effi- merged with the appropriations for the Of- ments relating to securities matters, devel- ciency Program authorized by section 1203(c) fice of Inspector General; of which opment and implementation of cooperation of Public Law 110–140: Provided further, That $157,300,000 is for direct administrative ex- agreements concerning securities matters $21,956,000 shall remain available until Sep- pense of loan making and servicing to carry and provision of technical assistance for the tember 30, 2013 for marketing, management, out the direct loan program, which may be development of foreign securities markets, and technical assistance under section 7(m) transferred to and merged with the appro- such expenses to include necessary logistic of the Small Business Act (15 U.S.C. priations for Salaries and Expenses; of which and administrative expenses and the ex- 636(m)(4)) by intermediaries that make $9,000,000 is for indirect administrative expenses of Commission staff and foreign microloans under the microloan program: penses for the direct loan program, which invitees in attendance at such consultations Provided further, That during fiscal year 2012, may be transferred to and merged with the

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7477 appropriations for Salaries and Expenses: matter of public record and available for (C) an identification of items of special Provided, That such amount is designated by public inspection, except where otherwise congressional interest: Provided further, That Congress as being for disaster relief pursuant provided under existing law, or under exist- the amount appropriated or limited for sala- to section 251(b)(2)(D) of the Balanced Budg- ing Executive order issued pursuant to exist- ries and expenses for an agency shall be re- et and Emergency Deficit Control Act of 1985 ing law. duced by $100,000 per day for each day after (Public Law 99–177), as amended. SEC. 604. None of the funds made available the required date that the report has not in this Act may be transferred to any depart- ADMINISTRATIVE PROVISIONS—SMALL BUSINESS been submitted to the Congress. ment, agency, or instrumentality of the ADMINISTRATION SEC. 609. Except as otherwise specifically United States Government, except pursuant provided by law, not to exceed 50 percent of (INCLUDING TRANSFER OF FUNDS) to a transfer made by, or transfer authority unobligated balances remaining available at SEC. 530. Not to exceed 5 percent of any ap- provided in, this Act or any other appropria- propriation made available for the current tions Act. the end of fiscal year 2012 from appropria- fiscal year for the Small Business Adminis- SEC. 605. None of the funds made available tions made available for salaries and ex- tration in this Act may be transferred be- by this Act shall be available for any activ- penses for fiscal year 2012 in this Act, shall tween such appropriations, but no such ap- ity or for paying the salary of any Govern- remain available through September 30, 2013, propriation shall be increased by more than ment employee where funding an activity or for each such account for the purposes au- 10 percent by any such transfers: Provided, paying a salary to a Government employee thorized: Provided, That a request shall be That any transfer pursuant to this paragraph would result in a decision, determination, submitted to the Committees on Appropria- shall be treated as a reprogramming of funds rule, regulation, or policy that would pro- tions of the House of Representatives and under section 608 of this Act and shall not be hibit the enforcement of section 307 of the the Senate for approval prior to the expendi- available for obligation or expenditure ex- Tariff Act of 1930 (19 U.S.C. 1307). ture of such funds: Provided further, That cept in compliance with the procedures set SEC. 606. No funds appropriated pursuant to these requests shall be made in compliance forth in that section. this Act may be expended by an entity un- with reprogramming guidelines. less the entity agrees that in expending the SEC. 610. None of the funds made available UNITED STATES POSTAL SERVICE assistance the entity will comply with the in this Act may be used by the Executive Of- PAYMENT TO THE POSTAL SERVICE FUND Buy American Act (41 U.S.C. 10a–10c). fice of the President to request from the Fed- For payment to the Postal Service Fund SEC. 607. No funds appropriated or other- eral Bureau of Investigation any official for revenue forgone on free and reduced rate wise made available under this Act shall be background investigation report on any indi- mail, pursuant to subsections (c) and (d) of made available to any person or entity that vidual, except when— has been convicted of violating the Buy section 2401 of title 39, United States Code, (1) such individual has given his or her ex- American Act (41 U.S.C. 10a–10c). $78,153,000, which shall not be available for press written consent for such request not SEC. 608. Except as otherwise provided in obligation until October 1, 2012: Provided, more than 6 months prior to the date of such That mail for overseas voting and mail for this Act, none of the funds provided in this Act, provided by previous appropriations request and during the same presidential ad- the blind shall continue to be free: Provided ministration; or further, That 6-day delivery and rural deliv- Acts to the agencies or entities funded in this Act that remain available for obligation (2) such request is required due to extraor- ery of mail shall continue at not less than or expenditure in fiscal year 2012, or provided dinary circumstances involving national se- the 1983 level: Provided further, That none of from any accounts in the Treasury derived curity. the funds made available to the Postal Serv- by the collection of fees and available to the SEC. 611. The cost accounting standards ice by this Act shall be used to implement agencies funded by this Act, shall be avail- promulgated under chapter 15 of title 41, any rule, regulation, or policy of charging able for obligation or expenditure through a United States Code shall not apply with re- any officer or employee of any State or local reprogramming of funds that: spect to a contract under the Federal Em- child support enforcement agency, or any in- (1) creates a new program; ployees Health Benefits Program established dividual participating in a State or local (2) eliminates a program, project, or activ- under chapter 89 of title 5, United States program of child support enforcement, a fee ity; Code. for information requested or provided con- (3) increases funds or personnel for any cerning an address of a postal customer: Pro- SEC. 612. For the purpose of resolving liti- program, project, or activity for which funds gation and implementing any settlement vided further, That none of the funds provided have been denied or restricted by the Con- in this Act shall be used to consolidate or agreements regarding the nonforeign area gress; cost-of-living allowance program, the Office close small rural and other small post offices (4) proposes to use funds directed for a spe- in fiscal year 2012. of Personnel Management may accept and cific activity by the Committee on Appro- utilize (without regard to any restriction on OFFICE OF INSPECTOR GENERAL priations of either the House of Representa- unanticipated travel expenses imposed in an SALARIES AND EXPENSES tives or the Senate for a different purpose; Appropriations Act) funds made available to (5) augments existing programs, projects, (INCLUDING TRANSFER OF FUNDS) the Office of Personnel Management pursu- or activities in excess of $5,000,000 or 10 per- ant to court approval. For necessary expenses of the Office of In- cent, whichever is less; spector General in carrying out the provi- (6) reduces existing programs, projects, or SEC. 613. In order to promote Government sions of the Inspector General Act of 1978, activities by $5,000,000 or 10 percent, which- access to commercial information tech- $241,468,000, to be derived by transfer from ever is less; or nology, the restriction on purchasing non- the Postal Service Fund and expended as au- (7) creates or reorganizes offices, programs, domestic articles, materials, and supplies set thorized by section 603(b)(3) of the Postal Ac- or activities unless prior approval is received forth in chapter 83 of title 41, United States countability and Enhancement Act (Public from the Committees on Appropriations of Code (popularly known as the Buy American Law 109–435). the House of Representatives and the Senate: Act), shall not apply to the acquisition by UNITED STATES TAX COURT Provided, That prior to any significant reor- the Federal Government of information technology (as defined in section 11101 of SALARIES AND EXPENSES ganization or restructuring of offices, pro- title 40, United States Code), that is a com- For necessary expenses, including contract grams, or activities, each agency or entity funded in this Act shall consult with the mercial item (as defined in section 103 of reporting and other services as authorized by title 41, United States Code). 5 U.S.C. 3109, $51,469,000: Provided, That trav- Committees on Appropriations of the House EC. 614. Notwithstanding section 1353 of el expenses of the judges shall be paid upon of Representatives and the Senate: Provided S title 31, United States Code, no officer or em- the written certificate of the judge. further, That not later than 60 days after the date of enactment of this Act, each agency ployee of any regulatory agency or commis- TITLE VI funded by this Act shall submit a report to sion funded by this Act may accept on behalf GENERAL PROVISIONS—THIS ACT the Committees on Appropriations of the of that agency, nor may such agency or com- SEC. 601. None of the funds in this Act shall House of Representatives and the Senate to mission accept, payment or reimbursement be used for the planning or execution of any establish the baseline for application of re- from a non-Federal entity for travel, subsist- program to pay the expenses of, or otherwise programming and transfer authorities for ence, or related expenses for the purpose of compensate, non-Federal parties intervening the current fiscal year: Provided further, That enabling an officer or employee to attend in regulatory or adjudicatory proceedings at a minimum, the report shall include: and participate in any meeting or similar funded in this Act. (A) a table for each appropriation with a function relating to the official duties of the SEC. 602. None of the funds appropriated in separate column to display the President’s officer or employee when the entity offering this Act shall remain available for obliga- budget request, adjustments made by Con- payment or reimbursement is a person or en- tion beyond the current fiscal year, nor may gress, adjustments due to enacted rescis- tity subject to regulation by such agency or any be transferred to other appropriations, sions, if appropriate, and the fiscal year en- commission, or represents a person or entity unless expressly so provided herein. acted level; subject to regulation by such agency or com- SEC. 603. The expenditure of any appropria- (B) a delineation in the table for each ap- mission, unless the person or entity is an or- tion under this Act for any consulting serv- propriation both by object class and pro- ganization described in section 501(c)(3) of ice through procurement contract pursuant gram, project, and activity as detailed in the the Internal Revenue Code of 1986 and ex- to 5 U.S.C. 3109, shall be limited to those budget appendix for the respective appro- empt from tax under section 501(a) of such contracts where such expenditures are a priation; and Code.

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SEC. 615. The Public Company Accounting ‘‘(4) $500,000 if the aggregate total amount maximum shall be $13,631: Provided, That Oversight Board shall have authority to obli- determined under section 7A(a)(2) of the these limits may be exceeded by not to ex- gate funds for the scholarship program es- Clayton Act (15 U.S.C. 18a(a)(2)) is not less ceed $3,700 for police-type vehicles, and by tablished by section 109(c)(2) of the Sar- than $1,000,000,000 (as so adjusted and pub- not to exceed $4,000 for special heavy-duty banes-Oxley Act of 2002 (Public Law 107–204) lished).’’; and vehicles: Provided further, That the limits set in an aggregate amount not exceeding the (2) by adding at the end the following: forth in this section may not be exceeded by amount of funds collected by the Board as of ‘‘(c) For fiscal year 2013, and each fiscal more than 5 percent for electric or hybrid ve- December 31, 2011, including accrued inter- year thereafter, the Federal Trade Commis- hicles purchased for demonstration under est, as a result of the assessment of mone- sion shall publish in the Federal Register the provisions of the Electric and Hybrid Ve- tary penalties. Funds available for obliga- and increase the amount of each filing fee hicle Research, Development, and Dem- tion in fiscal year 2012 shall remain available under subsection (b) in the same manner and onstration Act of 1976: Provided further, That until expended. on the same dates as provided under section the limits set forth in this section may be SEC. 616. From the unobligated balances of 8(a)(5) of the Clayton Act (15 U.S.C. 19(a)(5)) exceeded by the incremental cost of clean al- prior year appropriations made available for to reflect the percentage change in the gross ternative fuels vehicles acquired pursuant to the Privacy and Civil Liberties Oversight national product for the fiscal year as com- Public Law 101–549 over the cost of com- Board, $998,000 are rescinded. pared to the gross national product for fiscal parable conventionally fueled vehicles: Pro- SEC. 617. Notwithstanding section 708 of year 2011, except that the Federal Trade vided further, That the limits set forth in this this Act, funds made available to the Com- Commission— section shall not apply to any vehicle that is modity Futures Trading Commission and the ‘‘(1) shall round any increase in a filing fee a commercial item and which operates on Securities and Exchange Commission by this under this subsection to the nearest $5,000; emerging motor vehicle technology, includ- or any other Act may be used for the inter- ‘‘(2) shall not increase filing fees under this ing but not limited to electric, plug-in hy- agency funding and sponsorship of a joint ad- subsection if the increase in the gross na- brid electric, and hydrogen fuel cell vehicles. visory committee to advise on emerging reg- tional product is less than 1 percent; and SEC. 703. Appropriations of the executive ulatory issues. ‘‘(3) shall not decrease filing fees under departments and independent establishments SEC. 618. Section 1107 of title 31, United this subsection.’’. for the current fiscal year available for ex- States Code, is amended by adding to the end SEC. 623. None of the funds appropriated by penses of travel, or for the expenses of the thereof the following: ‘‘The President shall this or any other Act shall be available for activity concerned, are hereby made avail- transmit promptly to Congress without the purpose of conveying the headquarters able for quarters allowances and cost-of-liv- change, proposed deficiency and supple- building of the Federal Trade Commission ing allowances, in accordance with 5 U.S.C. mental appropriations submitted to the (located at 600 Pennsylvania Avenue, North- 5922–5924. President by the legislative branch and the west, in the District of Columbia) to any en- SEC. 704. Unless otherwise specified during judicial branch.’’. tity unless the Administrator of the General the current fiscal year, no part of any appro- SEC. 619. Section 7 of the Abraham Lincoln Services Administration determines that priation contained in this or any other Act Commemorative Coin Act (31 U.S.C. § 5112 such transaction is made in the best interest shall be used to pay the compensation of any note) is amended in subsection (b) by strik- of the taxpayer. In making a final deter- officer or employee of the Government of the ing ‘‘Abraham Lincoln Bicentennial Com- mination, the Administrator shall consider if United States (including any agency the ma- mission to further the work of the Commis- the Federal Government would be com- jority of the stock of which is owned by the sion’’ and inserting ‘‘Abraham Lincoln Bi- pensated at least the Fair Market Value of Government of the United States) whose post of duty is in the continental United centennial Foundation for the purposes of such building as determined by the Adminis- States unless such person: (1) is a citizen of commemorating the bicentennial of the trator of the General Services. The Adminis- the United States; (2) is a person who is law- birth of Abraham Lincoln, and fostering and trator shall determine the property’s Fair fully admitted for permanent residence and promoting the awareness and study of the Market Value through an appraisal con- is seeking citizenship as outlined in 8 U.S.C. life of Abraham Lincoln’’ and in subsection ducted by a licensed, independent appraiser. 1324b(a)(3)(B); (3) is a person who is admitted (c) by striking ‘‘Abraham Lincoln Bicenten- The appraisal shall be based on the prop- as a refugee under 8 U.S.C. 1157 or is granted nial Commission’’ and inserting ‘‘Abraham erty’s highest and best use. The Adminis- asylum under 8 U.S.C. 1158 and has filed a Lincoln Bicentennial Foundation’’. trator shall also consider cost to the tax- declaration of intention to become a lawful SEC. 620. During fiscal year 2012, for pur- payer for acquiring replacement space for permanent resident and then a citizen when poses of section 908(b)(1) of the Trade Sanc- the headquarters building of the Federal eligible; or (4) is a person who owes alle- tions Reform and Export Enhancement Act Trade Commission and for moving staff and giance to the United States: Provided, That of 2000 (22 U.S.C. 7207(b)(1)), the term ‘‘pay- operations to such replacement space. The for purposes of this section, affidavits signed ment of cash in advance’’ shall be inter- determination of the Administrator shall be by any such person shall be considered prima preted as payment before the transfer of title final. to, and control of, the exported items to the SEC. 624. Notwithstanding any other provi- facie evidence that the requirements of this Cuban purchaser. sion of law, the President may not restrict section with respect to his or her status are SEC. 621. The Help America Vote Act of direct transfers from a Cuban financial insti- being complied with: Provided further, That 2002 (Public Law 107–252) is amended by: tution to a United States financial institu- for purposes of subsections (2) and (3) such (1) inserting in section 255(b)(42 U.S.C. tion executed in payment for a product au- affidavits shall be submitted prior to em- 15405) ‘‘posted on the Commission’s website thorized for sale under the Trade Sanctions ployment and updated thereafter as nec- with a notice’’ after ‘‘cause to have the Reform and Export Enhancement Act of 2000 essary: Provided further, That any person plan’’; (22 U.S.C. 7201 et seq.). making a false affidavit shall be guilty of a (2) inserting in section 253(d)(42 U.S.C. felony, and upon conviction, shall be fined no TITLE VII 15403) ‘‘notice of’’ prior to ‘‘the State plan’’; more than $4,000 or imprisoned for not more (3) inserting in section 254(a)(11)(42 U.S.C. GENERAL PROVISIONS—GOVERNMENT- than 1 year, or both: Provided further, That 15404) ‘‘notice of’’ prior to ‘‘the change’’; and WIDE the above penal clause shall be in addition (4) inserting in section 254(a)(11)(C)(42 DEPARTMENTS, AGENCIES, AND CORPORATIONS to, and not in substitution for, any other U.S.C. 15404) ‘‘notice of’’ prior to ‘‘the SEC. 701. No department, agency, or instru- provisions of existing law: Provided further, change’’. mentality of the United States receiving ap- That any payment made to any officer or SEC. 622. Section 605 of the Departments of propriated funds under this or any other Act employee contrary to the provisions of this Commerce, Justice, and State, the Judiciary, for fiscal year 2012 shall obligate or expend section shall be recoverable in action by the and Related Agencies Appropriations Act, any such funds, unless such department, Federal Government: Provided further, That 1990 (15 U.S.C. 18a note) is amended— agency, or instrumentality has in place, and this section shall not apply to any person (1) in subsection (b)— will continue to administer in good faith, a who is an officer or employee of the Govern- (A) in the matter preceding paragraph (1), written policy designed to ensure that all of ment of the United States on the date of en- by striking ‘‘The filing fees’’ and inserting its workplaces are free from the illegal use, actment of this Act, or to international ‘‘Subject to subsection (c), the filing fees’’; possession, or distribution of controlled sub- broadcasters employed by the Broadcasting (B) in paragraph (1), by striking ‘‘$45,000’’ stances (as defined in the Controlled Sub- Board of Governors, or to temporary employ- and inserting ‘‘$60,000’’; stances Act (21 U.S.C. 802)) by the officers ment of translators, or to temporary em- (C) in paragraph (2)— and employees of such department, agency, ployment in the field service (not to exceed (i) by striking ‘‘$125,000’’ and inserting or instrumentality. 60 days) as a result of emergencies: Provided ‘‘$160,000’’; and SEC. 702. Unless otherwise specifically pro- further, That this section does not apply to (ii) by striking ‘‘and’’ at the end; vided, the maximum amount allowable dur- the employment as Wildland firefighters for (D) in paragraph (3)— ing the current fiscal year in accordance not more than 120 days of nonresident aliens (i) by striking ‘‘$280,000’’ and inserting with subsection 1343(c) of title 31, United employed by the Department of the Interior ‘‘$360,000’’; and States Code, for the purchase of any pas- or the USDA Forest Service pursuant to an (ii) by striking the period at the end and senger motor vehicle (exclusive of buses, am- agreement with another country. inserting ‘‘but less than $1,000,000,000 (as so bulances, law enforcement, and undercover SEC. 705. Appropriations available to any adjusted and published); and’’; and surveillance vehicles), is hereby fixed at department or agency during the current fis- (E) by adding at the end the following: $13,179 except station wagons for which the cal year for necessary expenses, including

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7479 maintenance or operating expenses, shall justment, the rate payable under paragraph initiatives which benefit multiple Federal also be available for payment to the General (1) by more than the sum of— departments, agencies, or entities, as pro- Services Administration for charges for (A) the percentage adjustment taking ef- vided by Executive Order No. 12472 (April 3, space and services and those expenses of ren- fect in fiscal year 2012 under section 5303 of 1984). ovation and alteration of buildings and fa- title 5, United States Code, in the rates of SEC. 713. (a) None of the funds appropriated cilities which constitute public improve- pay under the General Schedule; and by this or any other Act may be obligated or ments performed in accordance with the (B) the difference between the overall aver- expended by any Federal department, agen- Public Buildings Act of 1959 (73 Stat. 479), age percentage of the locality-based com- cy, or other instrumentality for the salaries the Public Buildings Amendments of 1972 (86 parability payments taking effect in fiscal or expenses of any employee appointed to a Stat. 216), or other applicable law. year 2012 under section 5304 of such title position of a confidential or policy-deter- SEC. 706. In addition to funds provided in (whether by adjustment or otherwise), and mining character excepted from the competi- this or any other Act, all Federal agencies the overall average percentage of such pay- tive service pursuant to 5 U.S.C. 3302, with- are authorized to receive and use funds re- ments which was effective in the previous out a certification to the Office of Personnel sulting from the sale of materials, including fiscal year under such section. Management from the head of the Federal Federal records disposed of pursuant to a (b) Notwithstanding any other provision of department, agency, or other instrumen- records schedule recovered through recycling law, no prevailing rate employee described in tality employing the Schedule C appointee or waste prevention programs. Such funds subparagraph (B) or (C) of section 5342(a)(2) that the Schedule C position was not created shall be available until expended for the fol- of title 5, United States Code, and no em- solely or primarily in order to detail the employee to the White House. lowing purposes: ployee covered by section 5348 of such title, (1) Acquisition, waste reduction and pre- (b) The provisions of this section shall not may be paid during the periods for which apply to Federal employees or members of vention, and recycling programs as described subsection (a) is in effect at a rate that ex- in Executive Order No. 13423 (January 24, the armed forces detailed to or from— ceeds the rates that would be payable under (1) the Central Intelligence Agency; 2007), including any such programs adopted subsection (a) were subsection (a) applicable prior to the effective date of the Executive (2) the National Security Agency; to such employee. (3) the Defense Intelligence Agency; order. (c) For the purposes of this section, the (2) Other Federal agency environmental (4) the National Geospatial-Intelligence rates payable to an employee who is covered Agency; management programs, including, but not by this section and who is paid from a sched- limited to, the development and implemen- (5) the offices within the Department of ule not in existence on September 30, 2011, Defense for the collection of specialized na- tation of hazardous waste management and shall be determined under regulations pre- tional foreign intelligence through recon- pollution prevention programs. scribed by the Office of Personnel Manage- naissance programs; (3) Other employee programs as authorized ment. (6) the Bureau of Intelligence and Research by law or as deemed appropriate by the head (d) Notwithstanding any other provision of of the Department of State; of the Federal agency. law, rates of premium pay for employees sub- (7) any agency, office, or unit of the Army, SEC. 707. Funds made available by this or ject to this section may not be changed from Navy, Air Force, and Marine Corps, the De- any other Act for administrative expenses in the rates in effect on September 30, 2011, ex- the current fiscal year of the corporations partment of Homeland Security, the Federal cept to the extent determined by the Office Bureau of Investigation and the Drug En- and agencies subject to chapter 91 of title 31, of Personnel Management to be consistent United States Code, shall be available, in ad- forcement Administration of the Department with the purpose of this section. of Justice, the Department of Transpor- dition to objects for which such funds are (e) This section shall apply with respect to tation, the Department of the Treasury, and otherwise available, for rent in the District pay for service performed after September the Department of Energy performing intel- of Columbia; services in accordance with 5 30, 2011. ligence functions; or U.S.C. 3109; and the objects specified under (f) For the purpose of administering any (8) the Director of National Intelligence or this head, all the provisions of which shall be provision of law (including any rule or regu- the Office of the Director of National Intel- applicable to the expenditure of such funds lation that provides premium pay, retire- ligence. unless otherwise specified in the Act by ment, life insurance, or any other employee SEC. 714. No part of any appropriation con- which they are made available: Provided, benefit) that requires any deduction or contained in this or any other Act shall be That in the event any functions budgeted as tribution, or that imposes any requirement available for the payment of the salary of administrative expenses are subsequently or limitation on the basis of a rate of salary any officer or employee of the Federal Gov- transferred to or paid from other funds, the or basic pay, the rate of salary or basic pay ernment, who— limitations on administrative expenses shall payable after the application of this section (1) prohibits or prevents, or attempts or be correspondingly reduced. shall be treated as the rate of salary or basic threatens to prohibit or prevent, any other SEC. 708. No part of any appropriation con- pay. officer or employee of the Federal Govern- tained in this or any other Act shall be (g) Nothing in this section shall be consid- ment from having any direct oral or written available for interagency financing of boards ered to permit or require the payment to any communication or contact with any Member, (except Federal Executive Boards), commis- employee covered by this section at a rate in committee, or subcommittee of the Congress sions, councils, committees, or similar excess of the rate that would be payable were in connection with any matter pertaining to groups (whether or not they are interagency this section not in effect. the employment of such other officer or em- entities) which do not have a prior and spe- (h) The Office of Personnel Management ployee or pertaining to the department or cific statutory approval to receive financial may provide for exceptions to the limita- agency of such other officer or employee in support from more than one agency or in- tions imposed by this section if the Office de- any way, irrespective of whether such com- strumentality. termines that such exceptions are necessary munication or contact is at the initiative of SEC. 709. None of the funds made available to ensure the recruitment or retention of such other officer or employee or in response pursuant to the provisions of this Act shall qualified employees. to the request or inquiry of such Member, be used to implement, administer, or enforce SEC. 711. During the period in which the committee, or subcommittee; or any regulation which has been disapproved head of any department or agency, or any (2) removes, suspends from duty without pursuant to a joint resolution duly adopted other officer or civilian employee of the Fed- pay, demotes, reduces in rank, seniority, sta- in accordance with the applicable law of the eral Government appointed by the President tus, pay, or performance or efficiency rating, United States. of the United States, holds office, no funds denies promotion to, relocates, reassigns, SEC. 710. (a) Notwithstanding any other may be obligated or expended in excess of transfers, disciplines, or discriminates in re- provision of law, and except as otherwise $5,000 to furnish or redecorate the office of gard to any employment right, entitlement, provided in this section, no part of any of the such department head, agency head, officer, or benefit, or any term or condition of em- funds appropriated for fiscal year 2012, by or employee, or to purchase furniture or ployment of, any other officer or employee this or any other Act, may be used to pay make improvements for any such office, un- of the Federal Government, or attempts or any prevailing rate employee described in less advance notice of such furnishing or re- threatens to commit any of the foregoing ac- section 5342(a)(2)(A) of title 5, United States decoration is transmitted to the Committees tions with respect to such other officer or Code— on Appropriations of the House of Represent- employee, by reason of any communication (1) during the period from the date of expi- atives and the Senate. For the purposes of or contact of such other officer or employee ration of the limitation imposed by the com- this section, the term ‘‘office’’ shall include with any Member, committee, or sub- parable section for previous fiscal years the entire suite of offices assigned to the in- committee of the Congress as described in until the normal effective date of the appli- dividual, as well as any other space used pri- paragraph (1). cable wage survey adjustment that is to take marily by the individual or the use of which SEC. 715. (a) None of the funds made avail- effect in fiscal year 2012, in an amount that is directly controlled by the individual. able in this or any other Act may be obli- exceeds the rate payable for the applicable SEC. 712. Notwithstanding section 31 U.S.C. gated or expended for any employee training grade and step of the applicable wage sched- 1346, or section 708 of this Act, funds made that— ule in accordance with such section; and available for the current fiscal year by this (1) does not meet identified needs for (2) during the period consisting of the re- or any other Act shall be available for the knowledge, skills, and abilities bearing di- mainder of fiscal year 2012, in an amount interagency funding of national security and rectly upon the performance of official du- that exceeds, as a result of a wage survey ad- emergency preparedness telecommunications ties;

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7480 CONGRESSIONAL RECORD — SENATE November 15, 2011 (2) contains elements likely to induce high nity, and Congress); section 103H(g)(3) of the shops, studies, and similar efforts to carry levels of emotional response or psychological National Security Act of 1947 (50 U.S.C. 403– out the purposes of the National Science and stress in some participants; 3h(g)(3) (relating to disclosures to the inspec- Technology Council (authorized by Execu- (3) does not require prior employee notifi- tor general of the Intelligence Community); tive Order No. 12881), which benefit multiple cation of the content and methods to be used sections 17(d)(5) and 17(e)(3) of the Central Federal departments, agencies, or entities: in the training and written end of course Intelligence Agency Act of 1949 (50 U.S.C. Provided, That the Office of Management and evaluation; 403q(d)(5) and 403q(e)(3)) (relating to disclo- Budget shall provide a report describing the (4) contains any methods or content associ- sures to the Inspector General of the Central budget of and resources connected with the ated with religious or quasi-religious belief Intelligence Agency and Congress);’’. National Science and Technology Council to systems or ‘‘new age’’ belief systems as de- (c) A nondisclosure agreement entered into the Committees on Appropriations, the fined in Equal Employment Opportunity before the effective date of the amendment House Committee on Science and Tech- Commission Notice N–915.022, dated Sep- in subsection (b) may continue to be imple- nology, and the Senate Committee on Com- tember 2, 1988; or mented and enforced after that effective date merce, Science, and Transportation 90 days (5) is offensive to, or designed to change, if it complies with the requirements of sub- after enactment of this Act. participants, personal values or lifestyle out- section (a) that were in effect prior to the ef- SEC. 725. Any request for proposals, solici- side the workplace. fective date of the amendment in subsection tation, grant application, form, notification, (b) Nothing in this section shall prohibit, (b). press release, or other publications involving restrict, or otherwise preclude an agency SEC. 717. No part of any funds appropriated the distribution of Federal funds shall indi- from conducting training bearing directly in this or any other Act shall be used by an cate the agency providing the funds, the upon the performance of official duties. agency of the executive branch, other than Catalog of Federal Domestic Assistance SEC. 716. (a) No funds appropriated in this for normal and recognized executive-legisla- Number, as applicable, and the amount pro- or any other Act may be used to implement tive relationships, for publicity or propa- vided: Provided, That this provision shall or enforce the agreements in Standard ganda purposes, and for the preparation, dis- apply to direct payments, formula funds, and Forms 312 and 4414 of the Government or any tribution or use of any kit, pamphlet, book- grants received by a State receiving Federal other nondisclosure policy, form, or agree- let, publication, radio, television, or film funds. ment if such policy, form, or agreement does presentation designed to support or defeat SEC. 726. (a) PROHIBITION OF FEDERAL AGEN- not contain the following provisions: ‘‘These legislation pending before the Congress, ex- CY MONITORING OF INDIVIDUALS’ INTERNET restrictions are consistent with and do not cept in presentation to the Congress itself. USE.—None of the funds made available in supersede, conflict with, or otherwise alter SEC. 718. None of the funds appropriated by this or any other Act may be used by any the employee obligations, rights, or liabil- this or any other Act may be used by an Federal agency— ities created by Executive Order No. 12958; agency to provide a Federal employee’s (1) to collect, review, or create any aggre- section 7211 of title 5, United States Code home address to any labor organization ex- gation of data, derived from any means, that (governing disclosures to Congress); section cept when the employee has authorized such includes any personally identifiable informa- 1034 of title 10, United States Code, as disclosure or when such disclosure has been tion relating to an individual’s access to or amended by the Military Whistleblower Pro- ordered by a court of competent jurisdiction. use of any Federal Government Internet site tection Act (governing disclosure to Con- SEC. 719. None of the funds made available of the agency; or gress by members of the military); section in this Act or any other Act may be used to (2) to enter into any agreement with a 2302(b)(8) of title 5, United States Code, as provide any non-public information such as third party (including another government amended by the Whistleblower Protection mailing or telephone lists to any person or agency) to collect, review, or obtain any ag- Act of 1989 (governing disclosures of ille- any organization outside of the Federal Gov- gregation of data, derived from any means, gality, waste, fraud, abuse or public health ernment without the approval of the Com- that includes any personally identifiable in- or safety threats); the Intelligence Identities mittees on Appropriations of the House of Protection Act of 1982 (50 U.S.C. 421 et seq.) formation relating to an individual’s access Representatives and the Senate. to or use of any nongovernmental Internet (governing disclosures that could expose con- SEC. 720. No part of any appropriation con- site. fidential Government agents); and the stat- tained in this or any other Act shall be used (b) EXCEPTIONS.—The limitations estab- utes which protect against disclosure that directly or indirectly, including by private lished in subsection (a) shall not apply to— may compromise the national security, in- contractor, for publicity or propaganda pur- (1) any record of aggregate data that does cluding sections 641, 793, 794, 798, and 952 of poses within the United States not here- not identify particular persons; title 18, United States Code, and section 4(b) tofore authorized by the Congress. (2) any voluntary submission of personally of the Subversive Activities Control Act of SEC. 721. (a) In this section, the term 1950 (50 U.S.C. 783(b)). The definitions, re- ‘‘agency’’— identifiable information; quirements, obligations, rights, sanctions, (1) means an Executive agency, as defined (3) any action taken for law enforcement, and liabilities created by said Executive under 5 U.S.C. 105; regulatory, or supervisory purposes, in ac- order and listed statutes are incorporated (2) includes a military department, as de- cordance with applicable law; or into this agreement and are controlling.’’: fined under section 102 of such title, the (4) any action described in subsection (a)(1) Provided, That notwithstanding the pre- Postal Service, and the Postal Regulatory that is a system security action taken by the ceding provision of this section, a nondisclo- Commission; and operator of an Internet site and is nec- sure policy form or agreement that is to be (3) shall not include the Government Ac- essarily incident to providing the Internet executed by a person connected with the con- countability Office. site services or to protecting the rights or duct of an intelligence or intelligence-re- (b) Unless authorized in accordance with property of the provider of the Internet site. lated activity, other than an employee or of- law or regulations to use such time for other (c) DEFINITIONS.—For the purposes of this ficer of the United States Government, may purposes, an employee of an agency shall use section: contain provisions appropriate to the par- official time in an honest effort to perform (1) The term ‘‘regulatory’’ means agency ticular activity for which such document is official duties. An employee not under a actions to implement, interpret or enforce to be used. Such form or agreement shall, at leave system, including a Presidential ap- authorities provided in law. a minimum, require that the person will not pointee exempted under 5 U.S.C. 6301(2), has (2) The term ‘‘supervisory’’ means exami- disclose any classified information received an obligation to expend an honest effort and nations of the agency’s supervised institu- in the course of such activity unless specifi- a reasonable proportion of such employee’s tions, including assessing safety and sound- cally authorized to do so by the United time in the performance of official duties. ness, overall financial condition, manage- States Government. Such nondisclosure SEC. 722. Notwithstanding 31 U.S.C. 1346 ment practices and policies and compliance forms shall also make it clear that they do and section 708 of this Act, funds made avail- with applicable standards as provided in law. not bar disclosures to Congress, or to an au- able for the current fiscal year by this or any SEC. 727. (a) None of the funds appropriated thorized official of an executive agency or other Act to any department or agency, by this Act may be used to enter into or the Department of Justice, that are essential which is a member of the Federal Account- renew a contract which includes a provision to reporting a substantial violation of law. ing Standards Advisory Board (FASAB), providing prescription drug coverage, except (b) Effective 180 days after enactment of shall be available to finance an appropriate where the contract also includes a provision this Act, subsection (a) is amended by— share of FASAB administrative costs. for contraceptive coverage. (1) striking ‘‘Executive Order No. 12958’’ SEC. 723. Notwithstanding any other provi- (b) Nothing in this section shall apply to a and inserting ‘‘Executive Order No. 13526 (75 sion of law, a woman may breastfeed her contract with— Fed. Reg. 707), or any successor thereto’’; and child at any location in a Federal building or (1) any of the following religious plans: (2) after ‘‘the Intelligence Identities Pro- on Federal property, if the woman and her (A) Personal Care’s HMO; and tection Act of 1982 (50 U.S.C. 421 et seq.) (gov- child are otherwise authorized to be present (B) OSF HealthPlans, Inc.; and erning disclosures that could expose con- at the location. (2) any existing or future plan, if the car- fidential Government agents);’’ inserting SEC. 724. Notwithstanding 31 U.S.C. 1346, or rier for the plan objects to such coverage on ‘‘sections 7(c) and 8H of the Inspector Gen- section 708 of this Act, funds made available the basis of religious beliefs. eral Act of 1978 (5 U.S.C. App.) (relating to for the current fiscal year by this or any (c) In implementing this section, any plan disclosures to an inspector general, the in- other Act shall be available for the inter- that enters into or renews a contract under spectors general of the Intelligence Commu- agency funding of specific projects, work- this section may not subject any individual

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to discrimination on the basis that the indi- SEC. 733. Notwithstanding section 1346 of result of this evaluation: Provided further, vidual refuses to prescribe or otherwise pro- title 31, United States Code, and section 708 That this restriction shall not preclude vide for contraceptives because such activi- of this Act and any other provision of law, issuance of a restricted-use charge, debit, or ties would be contrary to the individual’s re- the head of each appropriate executive de- stored value card made in accordance with ligious beliefs or moral convictions. partment and agency shall transfer to or re- agency procedures to: (1) an individual with (d) Nothing in this section shall be con- imburse the United States Fish and Wildlife an unsatisfactory credit history where such strued to require coverage of abortion or Service, upon the direction of the Director of card is used to pay travel expenses and the abortion-related services. the Office of Management and Budget, funds agency determines there is no suitable alter- SEC. 728. The Congress of the United States made available by this or any other Act for native payment mechanism available before recognizes the United States Anti-Doping the purposes described below, and shall sub- issuing the card; or (2) an individual who Agency (USADA) as the official anti-doping mit budget requests for such purposes. These lacks a credit history. Each executive de- agency for Olympic, Pan American, and funds shall be administered by the United partment and agency shall establish guide- Paralympic sport in the United States. States Fish and Wildlife Service, in con- lines and procedures for disciplinary actions SEC. 729. Notwithstanding any other provi- sultation with the appropriate interagency to be taken against agency personnel for im- sion of law, funds appropriated for official groups designated by the Director and shall proper, fraudulent, or abusive use of govern- travel by Federal departments and agencies be used to ensure the uninterrupted, contin- ment charge cards, which shall include ap- may be used by such departments and agen- uous operation of the Midway Atoll Airfield propriate disciplinary actions for use of cies, if consistent with Office of Management by the United States Fish and Wildlife Serv- charge cards for purposes, and at establish- and Budget Circular A–126 regarding official ice pursuant to an operational agreement ments, that are inconsistent with the official travel for Government personnel, to partici- with the Federal Aviation Administration business of the Department or agency or pate in the fractional aircraft ownership for the entirety of fiscal year 2012 and any with applicable standards of conduct. pilot program. period thereafter that precedes the enact- SEC. 738. (a) DEFINITIONS.—For purposes of SEC. 730. Notwithstanding any other provi- ment of the Financial Services and General this section the following definitions apply: sion of law, none of the funds appropriated or Government Appropriations Act, 2013. The (1) GREAT LAKES.—The terms ‘‘Great made available under this Act or any other Director of the Office of Management and Lakes’’ and ‘‘Great Lakes State’’ have the appropriations Act may be used to imple- Budget shall mandate the necessary trans- same meanings as such terms have in section ment or enforce restrictions or limitations fers after determining an equitable alloca- 506 of the Water Resources Development Act on the Coast Guard Congressional Fellowship tion between the appropriate executive de- of 2000 (42 U.S.C. 1962d–22). Program, or to implement the proposed regu- partments and agencies of the responsibility (2) GREAT LAKES RESTORATION ACTIVITIES.— lations of the Office of Personnel Manage- for funding the continuous operation of the The term ‘‘Great Lakes restoration activi- ment to add sections 300.311 through 300.316 Midway Atoll Airfield based on, but not lim- ties’’ means any Federal or State activity to part 300 of title 5 of the Code of Federal ited to, potential use, interest in maintain- primarily or entirely within the Great Lakes Regulations, published in the Federal Reg- ing aviation safety, and applicability to gov- watershed that seeks to improve the overall ister, volume 68, number 174, on September 9, ernmental operations and agency mission. health of the Great Lakes ecosystem. 2003 (relating to the detail of executive The total funds transferred or reimbursed (b) REPORT.—Not later than 45 days after branch employees to the legislative branch). shall not exceed $6,000,000 for any 12-month submission of the budget of the President to SEC. 731. Notwithstanding any other provi- period. Such sums shall be sufficient to en- Congress, the Director of the Office of Man- sion of law, no executive branch agency shall sure continued operation of the airfield agement and Budget, in coordination with purchase, construct, and/or lease any addi- throughout the period cited above. Funds the Governor of each Great Lakes State and tional facilities, except within or contiguous shall be available for operation of the air- the Great Lakes Interagency Task Force, to existing locations, to be used for the pur- field or airfield-related capital upgrades. The shall submit to the appropriate authorizing pose of conducting Federal law enforcement Director of the Office of Management and and appropriating committees of the Senate training without the advance approval of the Budget shall notify the Committees on Ap- and the House of Representatives a financial Committees on Appropriations of the House propriations of the House of Representatives report, certified by the Secretary of each of Representatives and the Senate, except and the Senate of such transfers or reim- agency that has budget authority for Great that the Federal Law Enforcement Training bursements within 15 days of this Act. Such Lakes restoration activities, containing— Center is authorized to obtain the temporary transfers or reimbursements shall begin (1) an interagency budget crosscut report use of additional facilities by lease, contract, within 30 days of enactment of this Act. that— or other agreement for training which can- SEC. 734. None of the funds appropriated or (A) displays the budget proposed, including not be accommodated in existing Center fa- otherwise made available by this or any any planned interagency or intra-agency cilities. other Act may be used to begin or announce transfer, for each of the Federal agencies SEC. 732. (a) For fiscal year 2012, no funds a study or public-private competition re- that carries out Great Lakes restoration ac- shall be available for transfers or reimburse- garding the conversion to contractor per- tivities in the upcoming fiscal year, sepa- ments to the e-government initiatives spon- formance of any function performed by Fed- rately reporting the amount of funding to be sored by the Office of Management and Budg- eral employees pursuant to Office of Manage- provided under existing laws pertaining to et prior to 15 days following submission of a ment and Budget Circular A–76 or any other the Great Lakes ecosystem; and report to the Committees on Appropriations administrative regulation, directive, or pol- (B) identifies all expenditures since fiscal of the House of Representatives and the Sen- icy. year 2004 by the Federal Government and ate by the Director of the Office of Manage- SEC. 735. Unless otherwise authorized by State governments for Great Lakes restora- ment and Budget and receipt of approval to existing law, none of the funds provided in tion activities; transfer funds by the Committees on Appro- this Act or any other Act may be used by an (2) a detailed accounting of all funds re- priations of the House of Representatives executive branch agency to produce any pre- ceived and obligated by all Federal agencies and the Senate. packaged news story intended for broadcast and, to the extent available, State agencies (b) The report in subsection (a) and other or distribution in the United States, unless using Federal funds, for Great Lakes restora- required justification materials shall include the story includes a clear notification within tion activities during the current and pre- at a minimum— the text or audio of the prepackaged news vious fiscal years; (1) a description of each initiative includ- story that the prepackaged news story was (3) a budget for the proposed projects (in- ing but not limited to its objectives, bene- prepared or funded by that executive branch cluding a description of the project, author- fits, development status, risks, cost effec- agency. ization level, and project status) to be car- tiveness (including estimated net costs or SEC. 736. None of the funds made available ried out in the upcoming fiscal year with the savings to the government), and the esti- in this Act may be used in contravention of Federal portion of funds for activities; and mated date of full operational capability; section 552a of title 5, United States Code (4) a listing of all projects to be under- (2) the total development cost of each ini- (popularly known as the Privacy Act) and taken in the upcoming fiscal year with the tiative by fiscal year including costs to date, regulations implementing that section. Federal portion of funds for activities. the estimated costs to complete its develop- SEC. 737. Each executive department and SEC. 739. (a) IN GENERAL.—None of the ment to full operational capability, and esti- agency shall evaluate the creditworthiness funds appropriated or otherwise made avail- mated annual operations and maintenance of an individual before issuing the individual able by this or any other Act may be used for costs; and a government travel charge card. Such eval- any Federal Government contract with any (3) the sources and distribution of funding uations for individually billed travel charge foreign incorporated entity which is treated by fiscal year and by agency and bureau for cards shall include an assessment of the indi- as an inverted domestic corporation under each initiative including agency contribu- vidual’s consumer report from a consumer section 835(b) of the Homeland Security Act tions to date and estimated future contribu- reporting agency as those terms are defined of 2002 (6 U.S.C. 395(b)) or any subsidiary of tions by agency. in section 603 of the Fair Credit Reporting such an entity. (c) No funds shall be available for obliga- Act (Public Law 91–508): Provided, That the (b) WAIVERS.— tion or expenditure for new e-government department or agency may not issue a gov- (1) IN GENERAL.—Any Secretary shall waive initiatives without the explicit approval of ernment travel charge card to an individual subsection (a) with respect to any Federal the Committees on Appropriations of the that either lacks a credit history or is found Government contract under the authority of House of Representatives and the Senate. to have an unsatisfactory credit history as a such Secretary if the Secretary determines

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that the waiver is required in the interest of functions from the prohibition against the (e) EFFECTIVE DATE.—This section shall national security. use of direct conversions; and apply to fiscal year 2012 and each fiscal year (2) REPORT TO CONGRESS.—Any Secretary (3) activities or functions performed by thereafter. issuing a waiver under paragraph (1) shall re- Federal employees for an executive agency SEC. 745. Except as expressly provided oth- port such issuance to Congress. who have retired or been reassigned to per- erwise, any reference to ‘‘this Act’’ con- (c) EXCEPTION.—This section shall not form other activities may not be converted tained in any title other than title IV or VIII apply to any Federal Government contract to contractor performance without first con- shall not apply to such title IV or VIII. entered into before the date of the enact- ducting a public-private competition. TITLE VIII ment of this Act, or to any task order issued SEC. 743. During fiscal year 2012, for each GENERAL PROVISIONS—DISTRICT OF pursuant to such contract. employee who— COLUMBIA SEC. 740. None of the funds made available (1) retires under section 8336(d)(2) or (INCLUDING TRANSFER OF FUNDS) by this or any other Act may be used to im- 8414(b)(1)(B) of title 5, United States Code, or SEC. 801. Whenever in this Act, an amount plement, administer, enforce, or apply the (2) retires under any other provision of rule entitled ‘‘Competitive Area’’ published is specified within an appropriation for par- subchapter III of chapter 83 or chapter 84 of ticular purposes or objects of expenditure, by the Office of Personnel Management in such title 5 and receives a payment as an in- the Federal Register on April 15, 2008 (73 Fed. such amount, unless otherwise specified, centive to separate, the separating agency shall be considered as the maximum amount Reg. 20180 et seq.). shall remit to the Civil Service Retirement SEC. 741. Section 743 of the Consolidated that may be expended for said purpose or ob- and Disability Fund an amount equal to the Appropriations Act, 2010 (Public Law 111–117; ject rather than an amount set apart exclu- Office of Personnel Management’s average 31 U.S.C. 501 note) is amended— sively therefor. unit cost of processing a retirement claim SEC. 802. Appropriations in this Act shall (1) in subsection (a)(3), by inserting after for the preceding fiscal year. Such amounts be available for expenses of travel and for ‘‘exercise of an option’’ the following: ‘‘, and shall be available until expended to the Of- the payment of dues of organizations con- task orders issued under any such con- fice of Personnel Management and shall be cerned with the work of the District of Co- tract,’’; deemed to be an administrative expense lumbia government, when authorized by the (2) in subsection (a)(3)(G), by inserting be- under section 8348(a)(1)(B) of title 5, United Mayor, or, in the case of the Council of the fore the period at the end the following: ‘‘, States Code. District of Columbia, funds may be expended using direct labor hours and associated cost SEC. 744. (a) DEFINITIONS.—In this section— with the authorization of the Chairman of data collected from contractors’’; (1) the term ‘‘agency’’— the Council. (3) in subsection (e)(2)(B), by striking the (A) means an Executive agency as defined SEC. 803. There are appropriated from the text and inserting the following: ‘‘the con- under section 105 of title 5, United States applicable funds of the District of Columbia tracts exclude to the maximum extent prac- Code; and such sums as may be necessary for making ticable functions that are closely associated (B) does not apply to the Department of refunds and for the payment of legal settle- with inherently governmental functions;’’; Defense; and ments or judgments that have been entered and against the District of Columbia govern- (2) the term ‘‘Federal employee’’ means an (4) by redesignating subsections (h) and (i) ment. employee as defined under section 2105 of as subsections (i) and (j) and by inserting SEC. 804. (a) None of the Federal funds pro- title 5, United States Code. after subsection (g) the following new sub- vided in this Act shall be used for publicity section: (b) PROHIBITION OF CERTAIN PERSONNEL or propaganda purposes or implementation ‘‘(h) SUBMISSION OF REPORT ON ACTIONS MANAGEMENT LIMITATIONS.— of any policy including boycott designed to TAKEN BEFORE PUBLIC-PRIVATE COMPETITION (1) IN GENERAL.—Federal employees in each support or defeat legislation pending before MAY OCCUR.—An executive agency may not agency shall be managed each fiscal year Congress or any State legislature. begin, plan for, or announce a study or pub- solely on the basis of, and consistent with— (b) The District of Columbia may use local lic-private competition regarding the con- (A) the workload required to carry out the funds provided in this title to carry out lob- version to contractor performance of any functions and activities of that agency; and bying activities on any matter. function performed by Federal employees (B) the funds made available to that agen- SEC. 805. (a) None of the Federal funds pro- pursuant to Office of Management and Budg- cy for that fiscal year. vided under this Act to the agencies funded et Circular A–76 or any other administrative (2) PROHIBITION ON LIMITATIONS.—Notwith- by this Act, both Federal and District gov- regulation or directive until after that agen- standing any other provision of law— ernment agencies, that remain available for cy has submitted to the Office of Manage- (A) the management of Federal employees obligation or expenditure in fiscal year 2012, ment and Budget a report, pursuant to sub- in any fiscal year shall not be subject to any or provided from any accounts in the Treas- section (f), that includes actions taken to limitation in terms of work years, full-time ury of the United States derived by the col- convert from contractor to Federal employee equivalent positions, or maximum number of lection of fees available to the agencies fund- performance functions that are not inher- Federal employees; and ed by this Act, shall be available for obliga- ently governmental, closely associated with (B) an agency may not be required to make tion or expenditures for an agency through a reprogramming of funds which— governmental functions, critical, or should a reduction in the number of full-time equiv- (1) creates new programs; not otherwise be reserved for performance by alent positions, unless that reduction is— (2) eliminates a program, project, or re- Federal employees. This subsection shall (i) necessary due to a reduction in funds sponsibility center; take effect beginning with the report re- available to the agency; or (3) establishes or changes allocations spe- quired under subsection (f) that is included (ii) required under a statute that— cifically denied, limited or increased under as an attachment to the annual inventory (I) is enacted after the date of enactment this Act; due by December 31, 2011.’’. of this Act; and (4) increases funds or personnel by any SEC. 742. The Office of Management and (II) specifically refers to this section. means for any program, project, or responsi- Budget shall issue guidance, consistent with (c) EMPLOYEE NUMBERS, SKILLS, AND QUALI- bility center for which funds have been de- section 735 of division D of the Omnibus Ap- FICATIONS.—In each fiscal year, the head of propriations Act, 2009, Public Law 111–8, and each agency shall ensure that there are em- nied or restricted; section 739(a)(1) of division D of the Consoli- ployed during that fiscal year Federal em- (5) re-establishes any program or project dated Appropriations Act, 2008 (Public Law ployees in the number and with the combina- previously deferred through reprogramming; 110–161), and section 327 of the 2008 National tion of skills and qualifications that are nec- (6) augments any existing program, Defense Authorization Act (Public Law 110– essary to carry out the functions within the project, or responsibility center through a 181), to prohibit the use of direct conversions applicable budget activity for which funds reprogramming of funds in excess of to contract out, in whole or in part, activi- are provided for that fiscal year. $3,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more per- ties or functions last performed by any num- (d) REPORTS.— sonnel assigned to a specific program, ber of Federal employees by an executive (1) IN GENERAL.—Not later than February 1 agency without first conducting a public-pri- of each year, the Director of the Office of project or responsibility center, unless the Committees on Appropriations of vate competition. Such guidance shall en- Management and Budget shall submit to the the House of Representatives and the Senate sure that— Committees on Appropriations of the Senate are notified in writing 15 days in advance of (1) activities or functions performed by an and the House of Representatives a report on the reprogramming. executive agency and are reengineered, reor- the management of the Federal workforce. (b) The District of Columbia government is ganized, modernized, upgraded, expanded, or (2) CONTENTS.—Each report submitted authorized to approve and execute re- changed to become more efficient, but still under this subsection shall include a state- programming and transfer requests of local essentially providing the same service, shall ment by the Director of the Office of Man- funds under this title through November 1, not be contacted out without first con- agement and Budget with respect to the pre- 2012. ducting a public-private conpetition; ceding fiscal year— SEC. 806. Consistent with the provisions of (2) activities or functions performed by (A) on the compliance of agencies (includ- section 1301(a) of title 31, United States Federal employees for an executive agency ing the Office of Management and Budget) Code, appropriations under this Act shall be may not be modified, reorganized, divided, or with subsections (b) and (c); and applied only to the objects for which the ap- in any way changed for the purpose of ex- (B) that identifies any agency that was not propriations were made except as otherwise empting the conversion of the activities or in compliance with subsections (b) and (c). provided by law.

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SEC. 807. None of the Federal funds pro- (2) access to substance and alcohol abuse ability insurance for, any person who is an vided in this Act may be used by the District treatment, including the number of treat- employee, member of the Board of Trustees, of Columbia to provide for salaries, expenses, ment slots, the number of people served, the or officer of the District of Columbia Public or other costs associated with the offices of number of people on waiting lists, and the ef- Defender Service for money damages arising United States Senator or United States Rep- fectiveness of treatment programs, the re- out of any claim, proceeding, or case at law resentative under section 4(d) of the District tention rates in treatment programs, and the relating to the furnishing of representational of Columbia Statehood Constitutional Con- recidivism/re-arrest rates for treatment par- services or management services or related vention Initiatives of 1979 (D.C. Law 3–171; ticipants; services while acting within the scope of D.C. Official Code, sec. 1–123). (3) education, including access to special that person’s office or employment, includ- SEC. 808. Except as otherwise provided in education services and student achievement ing, but not limited to such claims, pro- this section, none of the funds made avail- to be provided in consultation with the Dis- ceedings, or cases at law involving employ- able by this Act or by any other Act may be trict of Columbia Public Schools, repeated ment actions, injury, loss of liberty, prop- used to provide any officer or employee of grade rates, high school graduation rates, erty damage, loss of property, or personal in- the District of Columbia with an official ve- and post-secondary education attendance jury, or death arising from malpractice or hicle unless the officer or employee uses the rates; negligence of any such officer or employee. vehicle only in the performance of the offi- (4) improvement in basic District services, SEC. 819. Section 346 of the District of Co- cer’s or employee’s official duties. For pur- including rat control and abatement; and lumbia Appropriations Act, 2005 (Public Law poses of this section, the term ‘‘official du- (5) application for and management of Fed- 108–335) is amended— ties’’ does not include travel between the of- eral grants, including the number and type (1) in the title, by striking ‘‘BIENNIAL’’; ficer’s or employee’s residence and workplace, except in the case of— of grants for which the District was eligible (2) in subsection (a), by striking ‘‘Biennial (1) an officer or employee of the Metropoli- but failed to apply and the number and type management’’ and inserting ‘‘Management’’; tan Police Department who resides in the of grants awarded to the District but for (3) in subsection (a), by striking ‘‘States.’’ District of Columbia or a District of Colum- which the District failed to spend the and inserting ‘‘States every five years.’’; and bia government employee as may otherwise amounts received. (4) in subsection (b)(6), by striking ‘‘2’’ and SEC. 813. None of the Federal funds con- be designated by the Chief of the Depart- inserting ‘‘5’’. tained in this Act may be used to enact or ment; SEC. 820. Except as expressly provided oth- carry out any law, rule, or regulation to le- erwise, any reference to ‘‘this Act’’ con- (2) at the discretion of the Fire Chief, an galize or otherwise reduce penalties associ- officer or employee of the District of Colum- tained in this title or in title IV shall be ated with the possession, use, or distribution treated as referring only to the provisions of bia Fire and Emergency Medical Services of any schedule I substance under the Con- Department who resides in the District of this title or of title IV. trolled Substances Act (21 U.S.C. 801 et seq.) This Act may be cited as the ‘‘Financial Columbia and is on call 24 hours a day or is or any tetrahydrocannabinols derivative. otherwise designated by the Fire Chief; Services and General Government Appropria- SEC. 814. None of the Federal funds appro- tions Act, 2012’’. (3) at the discretion of the Director of the priated under this Act shall be expended for DIVISION C—DEPARTMENT OF STATE, Department of Corrections, an officer or em- any abortion except where the life of the FOREIGN OPERATIONS, AND RELATED ployee of the District of Columbia Depart- mother would be endangered if the fetus PROGRAMS ment of Corrections who resides in the Dis- were carried to term or where the pregnancy trict of Columbia and is on call 24 hours a is the result of an act of rape or incest. That the following sums are appropriated, day or is otherwise designated by the Direc- SEC. 815. (a) No later than 30 calendar days out of any money in the Treasury not other- tor; after the date of the enactment of this Act, wise appropriated, for the Department of (4) the Mayor of the District of Columbia; the Chief Financial Officer for the District of State, foreign operations, and related pro- and Columbia shall submit to the appropriate grams for the fiscal year ending September (5) the Chairman of the Council of the Dis- committees of Congress, the Mayor, and the 30, 2012, and for other purposes, namely: trict of Columbia. Council of the District of Columbia, a re- TITLE I SEC. 809. (a) None of the Federal funds con- vised appropriated funds operating budget in tained in this Act may be used by the Dis- DEPARTMENT OF STATE AND RELATED the format of the budget that the District of AGENCY trict of Columbia Attorney General or any Columbia government submitted pursuant to other officer or entity of the District govern- section 442 of the District of Columbia Home DEPARTMENT OF STATE ment to provide assistance for any petition Rule Act (D.C. Official Code, sec. 1–204.42), ADMINISTRATION OF FOREIGN AFFAIRS drive or civil action which seeks to require for all agencies of the District of Columbia Congress to provide for voting representa- DIPLOMATIC AND CONSULAR PROGRAMS government for fiscal year 2012 that is in the tion in Congress for the District of Colum- (INCLUDING TRANSFER OF FUNDS) total amount of the approved appropriation bia. For necessary expenses of the Department (b) Nothing in this section bars the Dis- and that realigns all budgeted data for personal services and other-than-personal serv- of State and the Foreign Service not other- trict of Columbia Attorney General from re- wise provided for, $6,877,500,000, of which viewing or commenting on briefs in private ices, respectively, with anticipated actual expenditures. $1,400,000,000 is for Worldwide Security Pro- lawsuits, or from consulting with officials of tection (to remain available until expended): the District government regarding such law- (b) This section shall apply only to an agency for which the Chief Financial Officer Provided, That funds made available under suits. this heading shall be allocated as follows: SEC. 810. None of the Federal funds con- for the District of Columbia certifies that a (1) HUMAN RESOURCES.—For necessary ex- tained in this Act may be used to distribute reallocation is required to address unantici- penses for training, human resources man- any needle or syringe for the purpose of pre- pated changes in program requirements. agement, and salaries, including employ- venting the spread of blood borne pathogens SEC. 816. No later than 30 calendar days ment without regard to civil service and in any location that has been determined by after the date of the enactment of this Act, the local public health or local law enforce- the Chief Financial Officer for the District of classification laws of persons on a temporary ment authorities to be inappropriate for Columbia shall submit to the appropriate basis (not to exceed $700,000), as authorized such distribution. committees of Congress, the Mayor, and the by section 801 of the United States Informa- SEC. 811. Nothing in this Act may be con- Council for the District of Columbia, a re- tion and Educational Exchange Act of 1948, strued to prevent the Council or Mayor of vised appropriated funds operating budget $2,387,854,000, to remain available until Sep- the District of Columbia from addressing the for the District of Columbia Public Schools tember 30, 2013, of which not less than issue of the provision of contraceptive cov- that aligns schools budgets to actual enroll- $134,700,000 shall be available only for public erage by health insurance plans, but it is the ment. The revised appropriated funds budget diplomacy American salaries, and $205,900,000 intent of Congress that any legislation en- shall be in the format of the budget that the is for Worldwide Security Protection and acted on such issue should include a ‘‘con- District of Columbia government submitted shall remain available until expended. science clause’’ which provides exceptions pursuant to section 442 of the District of Co- (2) OVERSEAS PROGRAMS.—For necessary for religious beliefs and moral convictions. lumbia Home Rule Act (D.C. Official Code, expenses for the regional bureaus of the De- SEC. 812. Hereafter, as part of the submis- Sec. 1–204.42). partment of State and overseas activities as sion of the annual budget justification, the SEC. 817. Amounts appropriated in this Act authorized by law, $2,124,646,000, to remain Mayor of the District of Columbia shall sub- as operating funds may be transferred to the available until September 30, 2013, of which mit to the Committees on Appropriations of District of Columbia’s enterprise and capital not less than $360,602,000 shall be available the House of Representatives and the Senate, funds and such amounts, once transferred, only for public diplomacy international in- the Committee on Oversight and Govern- shall retain appropriation authority con- formation programs. ment Reform of the House of Representa- sistent with the provisions of this Act. (3) DIPLOMATIC POLICY AND SUPPORT.—For tives, and the Committee on Homeland Secu- SEC. 818. Notwithstanding any other laws, necessary expenses for the functional bu- rity and Governmental Affairs of the Senate for this and succeeding fiscal years, the Di- reaus of the Department of State including a report addressing— rector of the District of Columbia Public De- representation to certain international orga- (1) crime, including the homicide rate, im- fender Service shall, to the extent the Direc- nizations in which the United States partici- plementation of community policing, and tor considers appropriate, provide represen- pates pursuant to treaties ratified pursuant the number of police officers on local beats; tation for and hold harmless, or provide li- to the advice and consent of the Senate or

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specific Acts of Congress, general adminis- PROTECTION OF FOREIGN MISSIONS AND States Code, transmit to the Committees on tration, and arms control, nonproliferation OFFICIALS Appropriations the most recent biennial and disarmament activities as authorized, For expenses, not otherwise provided, to budget prepared by the United Nations for $865,000,000, to remain available until Sep- enable the Secretary of State to provide for the operations of the United Nations: Pro- tember 30, 2013. extraordinary protective services, as author- vided further, That the Secretary of State (4) SECURITY PROGRAMS.—For necessary ex- ized, $27,744,000, to remain available until shall notify the Committees on Appropria- penses for security activities, $1,500,000,000, September 30, 2013. tions of any United Nations action to in- to remain available until September 30, 2013, crease funding for any United Nations pro- EMBASSY SECURITY, CONSTRUCTION, AND of which $1,194,100,000 is for Worldwide Secu- gram without identifying an offsetting de- MAINTENANCE rity Protection and shall remain available crease elsewhere in the United Nations budg- until expended. For necessary expenses for carrying out et: Provided further, That notwithstanding (5) FEES AND PAYMENTS COLLECTED.—In ad- the Foreign Service Buildings Act of 1926 (22 any other provision of law, credits to United dition to amounts otherwise made available U.S.C. 292–303), preserving, maintaining, re- States assessed contributions to the United under this heading— pairing, and planning for buildings that are Nations Tax Equalization Fund should be (A) not to exceed $1,753,991 shall be derived owned or directly leased by the Department used to offset other assessed contributions to from fees collected from other executive of State, renovating, in addition to funds the United Nations, subject to the regular agencies for lease or use of facilities located otherwise available, the Harry S Truman notification procedures of the Committees at the International Center in accordance Building, and carrying out the Diplomatic on Appropriations: Provided further, That any with section 4 of the International Center Security Construction Program as author- payment of arrearages under this heading Act, and, in addition, as authorized by sec- ized, $795,000,000, to remain available until shall be directed toward activities that are tion 5 of such Act, $520,150, to be derived expended as authorized, of which not to ex- mutually agreed upon by the United States from the reserve authorized by that section, ceed $25,000 may be used for domestic and and the respective international organiza- to be used for the purposes set out in that overseas representation as authorized: Pro- tion: Provided further, That none of the funds section; vided, That none of the funds appropriated in appropriated under this heading shall be (B) as authorized by section 810 of the this paragraph shall be available for acquisi- available for a United States contribution to United States Information and Educational tion of furniture, furnishings, or generators an international organization for the United Exchange Act, not to exceed $5,000,000, to re- for other departments and agencies. States share of interest costs made known to In addition, for the costs of worldwide se- main available until expended, may be cred- the United States Government by such orga- curity upgrades, acquisition, and construc- ited to this appropriation from fees or other nization for loans incurred on or after Octo- tion as authorized, $775,000,000, to remain payments received from English teaching, li- ber 1, 1984, through external borrowings. brary, motion pictures, and publication pro- available until expended: Provided, That not grams and from fees from educational advis- later than 45 days after enactment of this CONTRIBUTIONS FOR INTERNATIONAL ing and counseling and exchange visitor pro- Act, the Secretary of State shall submit to PEACEKEEPING ACTIVITIES grams; and the Committees on Appropriations the pro- (C) not to exceed $15,000, which shall be de- posed allocation of funds made available For necessary expenses to pay assessed and rived from reimbursements, surcharges and under this heading and the actual and antici- other expenses of international peacekeeping fees for use of Blair House facilities. pated proceeds of sales for all projects in fis- activities directed to the maintenance or (6) TRANSFER, REPROGRAMMING, AND SPEND- cal year 2012. restoration of international peace and security, $1,900,000,000, of which 15 percent shall ING PLAN.— EMERGENCIES IN THE DIPLOMATIC AND remain available until September 30, 2013: (A) Notwithstanding any provision of this CONSULAR SERVICE Act, funds may be reprogrammed within and Provided, That at least 15 days in advance of (INCLUDING TRANSFER OF FUNDS) between subsections under this heading sub- voting for a new or expanded mission in the ject to section 7015 of this Act. For necessary expenses to enable the Sec- United Nations Security Council (or in an (B) Of the amount made available under retary of State to meet unforeseen emer- emergency as far in advance as is prac- this heading, not to exceed $10,000,000 may be gencies arising in the Diplomatic and Con- ticable): (1) the Committees on Appropria- transferred to, and merged with, funds made sular Service, $9,300,000, to remain available tions shall be notified of the estimated cost available by this Act under the heading until expended as authorized, of which not to and duration of the mission, the national in- ‘‘Emergencies in the Diplomatic and Con- exceed $1,000,000 may be transferred to, and terest that will be served, the exit strategy, sular Service’’, to be available only for emer- merged with, funds appropriated by this Act and that the United Nations has taken ap- gency evacuations and rewards, as author- under the heading ‘‘Repatriation Loans Pro- propriate measures to prevent United Na- ized. gram Account’’, subject to the same terms tions employees, contractor personnel, and (C) Funds appropriated under this heading and conditions. peacekeeping forces serving in the mission are available for acquisition by exchange or REPATRIATION LOANS PROGRAM ACCOUNT from trafficking in persons, exploiting vic- purchase of passenger motor vehicles as au- (INCLUDING TRANSFER OF FUNDS) tims of trafficking, or committing acts of illegal sexual exploitation or other violations thorized by law and, pursuant to 31 U.S.C. For the cost of direct loans, $1,447,000, as of human rights, and to hold accountable in- 1108(g), for the field examination of programs authorized, of which $710,000 may be made dividuals who engage in such acts while par- and activities in the United States funded available for administrative expenses nec- ticipating in the peacekeeping mission, in- from any account contained in this title. essary to carry out the direct loan program cluding the prosecution in their home coun- CAPITAL INVESTMENT FUND and may be paid to ‘‘Diplomatic and Con- tries of such individuals in connection with sular Programs’’: Provided, That such costs, For necessary expenses of the Capital In- such acts; and (2) notification pursuant to including the cost of modifying such loans, vestment Fund, $69,915,000, to remain avail- section 7015 of this Act is submitted, and the able until expended, as authorized: Provided, shall be as defined in section 502 of the Con- procedures therein followed, setting forth That section 135(e) of Public Law 103–236 gressional Budget Act of 1974. the source of funds that will be used to pay shall not apply to funds available under this PAYMENT TO THE AMERICAN INSTITUTE IN for the cost of the new or expanded mission: heading. TAIWAN Provided further, That funds shall be avail- OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the able for peacekeeping expenses unless the For necessary expenses of the Office of In- Taiwan Relations Act (Public Law 96–8), Secretary of State determines that Amer- spector General, $61,904,000, notwithstanding $21,108,000. ican manufacturers and suppliers are not section 209(a)(1) of the Foreign Service Act PAYMENT TO THE FOREIGN SERVICE being given opportunities to provide equip- of 1980 (Public Law 96–465), as it relates to RETIREMENT AND DISABILITY FUND ment, services, and material for United Na- post inspections. For payment to the Foreign Service Re- tions peacekeeping activities equal to those EDUCATIONAL AND CULTURAL EXCHANGE tirement and Disability Fund, as authorized, being given to foreign manufacturers and PROGRAMS $158,900,000. suppliers: Provided further, That the Sec- For expenses of educational and cultural retary of State shall work with the United exchange programs, as authorized, INTERNATIONAL ORGANIZATIONS Nations and governments contributing $612,000,000, to remain available until ex- CONTRIBUTIONS TO INTERNATIONAL peacekeeping troops to develop effective vet- pended: Provided, That not to exceed ORGANIZATIONS ting procedures to ensure that troops have $5,000,000, to remain available until ex- For necessary expenses, not otherwise pro- not violated human rights: Provided further, pended, may be credited to this appropria- vided for, to meet annual obligations of That notwithstanding any other provision of tion from fees or other payments received membership in international multilateral or- law, credits to United States assessed con- from or in connection with English teaching, ganizations, pursuant to treaties ratified tributions to United Nations peacekeeping educational advising and counseling pro- pursuant to the advice and consent of the missions and to the United Nations Tax grams, and exchange visitor programs as au- Senate, conventions or specific Acts of Con- Equalization Fund should be used to offset thorized. gress, $1,585,000,000: Provided, That the Sec- other assessed contributions to the United REPRESENTATION ALLOWANCES retary of State shall, at the time of the sub- Nations, subject to the regular notification For representation allowances as author- mission of the President’s budget to Con- procedures of the Committees on Appropria- ized, $7,300,000. gress under section 1105(a) of title 31, United tions.

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INTERNATIONAL COMMISSIONS ing, not to exceed $16,000 may be used for of- herein shall be used to pay any salary or For necessary expenses, not otherwise pro- ficial receptions within the United States as other compensation, or to enter into any vided for, to meet obligations of the United authorized, not to exceed $35,000 may be used contract providing for the payment thereof, States arising under treaties, or specific for representation abroad as authorized, and in excess of the rate authorized by 5 U.S.C. Acts of Congress, as follows: not to exceed $39,000 may be used for official 5376; or for purposes which are not in accord- reception and representation expenses of ance with OMB Circulars A–110 (Uniform Ad- INTERNATIONAL BOUNDARY AND WATER Radio Free Europe/Radio Liberty: Provided ministrative Requirements) and A–122 (Cost COMMISSION, UNITED STATES AND MEXICO further, That the authority provided by sec- Principles for Non-profit Organizations), in- For necessary expenses for the United tion 504(c) of the Foreign Relations Author- cluding the restrictions on compensation for States Section of the International Bound- ization Act, Fiscal Year 2003 (Public Law personal services. ary and Water Commission, United States 107–228; 22 U.S.C. 6206 note) shall remain in ISRAELI ARAB SCHOLARSHIP PROGRAM and Mexico, and to comply with laws appli- effect through September 30, 2012: Provided For necessary expenses of the Israeli Arab cable to the United States Section, including further, That the BBG shall notify the Com- Scholarship Program, as authorized by sec- not to exceed $6,000 for representation; as mittees on Appropriations within 15 days of tion 214 of the Foreign Relations Authoriza- follows: any determination by the Board that any of tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. SALARIES AND EXPENSES its broadcast entities, including its grantee 2452), all interest and earnings accruing to For salaries and expenses, not otherwise organizations, provides an open platform for the Israeli Arab Scholarship Fund on or be- provided for, $45,000,000. international terrorists or those who support fore September 30, 2012, to remain available CONSTRUCTION international terrorism, or is in violation of until expended. the principles and standards set forth in the For detailed plan preparation and con- EAST-WEST CENTER United States International Broadcasting struction of authorized projects, $29,862,000, To enable the Secretary of State to provide Act of 1994 (22 U.S.C. 6202(a) and (b)) or the to remain available until expended, as au- for carrying out the provisions of the Center entity’s journalistic code of ethics: Provided thorized. for Cultural and Technical Interchange Be- further, That reductions and increases to tween East and West Act of 1960, by grant to AMERICAN SECTIONS, INTERNATIONAL BBG broadcast hours previously justified to COMMISSIONS the Center for Cultural and Technical Inter- Congress, including changes to transmission change Between East and West in the State For necessary expenses, not otherwise pro- platforms (shortwave, medium wave, sat- of Hawaii, $16,700,000: Provided, That none of vided, for the International Joint Commis- ellite, and television), for all BBG language the funds appropriated herein shall be used sion and the International Boundary Com- services shall be subject to the regular noti- to pay any salary, or enter into any contract mission, United States and Canada, as au- fication procedures of the Committees on providing for the payment thereof, in excess thorized by treaties between the United Appropriations: Provided further, That in ad- of the rate authorized by 5 U.S.C. 5376. States and Canada or Great Britain, and the dition to funds made available under this NATIONAL ENDOWMENT FOR DEMOCRACY Border Environment Cooperation Commis- heading, and notwithstanding any other pro- sion as authorized by Public Law 103–182, vision of law, up to $2,000,000 in receipts from For grants made by the Department of State to the National Endowment for De- $11,687,000: Provided, That of the amount pro- advertising and revenue from business ven- mocracy, as authorized by the National En- vided under this heading for the Inter- tures, up to $500,000 in receipts from cooper- dowment for Democracy Act, $117,764,000, to national Joint Commission, $9,000 may be ating international organizations, and up to remain available until expended, of which made available for representation expenses. $1,000,000 in receipts from privatization ef- $100,000,000 shall be allocated in the tradi- forts of the Voice of America and the Inter- INTERNATIONAL FISHERIES COMMISSIONS tional and customary manner, including for national Broadcasting Bureau, to remain For necessary expenses for international the core institutes, and $25,000,000 shall be available until expended for carrying out au- fisheries commissions, not otherwise pro- for democracy, human rights, and rule of law thorized purposes. vided for, as authorized by law, $36,300,000: programs: Provided, That the President of Provided, That the United States share of BROADCASTING CAPITAL IMPROVEMENTS the National Endowment for Democracy such expenses may be advanced to the re- For the purchase, rent, construction, and shall submit to the Committees on Appro- spective commissions pursuant to 31 U.S.C. improvement of facilities for radio and tele- priations not later than 45 days after the 3324. vision transmission and reception, and pur- date of enactment of this Act a report on the RELATED AGENCY chase and installation of necessary equip- proposed uses of funds under this heading on ment for radio and television transmission a regional and country basis. BROADCASTING BOARD OF GOVERNORS and reception, including to Cuba, as author- OTHER COMMISSIONS INTERNATIONAL BROADCASTING OPERATIONS ized, $9,361,000, to remain available until ex- COMMISSION FOR THE PRESERVATION OF For necessary expenses to enable the pended, as authorized. AMERICA’S HERITAGE ABROAD Broadcasting Board of Governors (BBG), as RELATED PROGRAMS authorized, to carry out international com- SALARIES AND EXPENSES THE ASIA FOUNDATION munication activities, and to make and su- For necessary expenses for the Commission pervise grants for radio and television broad- For a grant to The Asia Foundation, as au- for the Preservation of America’s Heritage casting to the Middle East, $740,039,000: Pro- thorized by The Asia Foundation Act (22 Abroad, $656,000, as authorized by section vided, That of the total amount in this head- U.S.C. 4402), $17,000,000, to remain available 1303 of Public Law 99–83. ing, not less than $2,500,000 shall be used to until expended, as authorized. UNITED STATES COMMISSION ON expand unrestricted access to information on UNITED STATES INSTITUTE OF PEACE INTERNATIONAL RELIGIOUS FREEDOM the Internet through the development and For necessary expenses of the United SALARIES AND EXPENSES use of circumvention and secure communica- States Institute of Peace, as authorized by For necessary expenses for the United tion technologies: Provided further, That the the United States Institute of Peace Act, States Commission on International Reli- BBG shall coordinate the use of such tech- $31,589,000, to remain available until Sep- gious Freedom, as authorized by title II of nologies with the Secretary of State and the tember 30, 2012, which shall not be used for the International Religious Freedom Act of Administrator of the United States Agency construction activities. 1998 (Public Law 105–292), $4,291,000, to re- for International Development, as appro- CENTER FOR MIDDLE EASTERN-WESTERN main available until September 30, 2013: Pro- priate: Provided further, That the circumven- DIALOGUE TRUST FUND vided, That notwithstanding the expenditure tion technologies and programs supported by limitation specified in section 208(c)(1) of For necessary expenses of the Center for funds made available by this Act or Public such Act (22 U.S.C. 6435a(c)(1)), the Commis- Middle Eastern-Western Dialogue Trust Law 112–10 shall undergo a peer review, to in- sion may expend up to $250,000 of the funds Fund, as authorized by section 633 of the De- clude an assessment of protections against made available under this heading to procure partments of Commerce, Justice, and State, such technologies being used for illicit pur- temporary and intermittent services under the Judiciary, and Related Agencies Appro- poses such as furthering the communications the authority of section 3109(b) of title 5, priations Act, 2004 (22 U.S.C. 2078), the total capabilities of extremist groups or their sup- United States Code. porters: Provided further, That prior to obli- amount of the interest and earnings accruing to such Fund on or before September 30, 2012, COMMISSION ON SECURITY AND COOPERATION IN gation, the BBG shall submit to the Commit- EUROPE tees on Appropriations a report detailing to remain available until expended. SALARIES AND EXPENSES planned expenditures for funds made avail- EISENHOWER EXCHANGE FELLOWSHIP PROGRAM For necessary expenses of the Commission able for such activities: Provided further, For necessary expenses of Eisenhower Ex- on Security and Cooperation in Europe, as That not later than September 30, 2012, the change Fellowships, Incorporated, as author- authorized by Public Law 94–304, $2,715,000, to BBG shall submit a report to the Commit- ized by sections 4 and 5 of the Eisenhower remain available until September 30, 2013. tees on Appropriations listing programs sup- Exchange Fellowship Act of 1990 (20 U.S.C. ported by the BBG to promote unrestricted 5204–5205), all interest and earnings accruing CONGRESSIONAL-EXECUTIVE COMMISSION ON access to information through the Internet, to the Eisenhower Exchange Fellowship Pro- THE PEOPLE’S REPUBLIC OF CHINA including an assessment of the results of gram Trust Fund on or before September 30, SALARIES AND EXPENSES such programs: Provided further, That of the 2012, to remain available until expended: Pro- For necessary expenses of the Congres- total amount appropriated under this head- vided, That none of the funds appropriated sional-Executive Commission on the People’s

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Republic of China, as authorized by title III CAPITAL INVESTMENT FUND in this paragraph shall be construed to alter of the U.S.-China Relations Act of 2000 (22 For necessary expenses for overseas con- any existing statutory prohibitions against U.S.C. 6911–6919), $1,996,000, including not struction and related costs, and for the proabortion under section 104 of the Foreign As- more than $3,000 for the purpose of official curement and enhancement of information sistance Act of 1961: Provided further, That representation, to remain available until technology and related capital investments, none of the funds made available under this September 30, 2013. pursuant to section 667 of the Foreign Assist- Act may be used to lobby for or against abor- UNITED STATES-CHINA ECONOMIC AND ance Act of 1961, $137,000,000, to remain avail- tion: Provided further, That the ninth and SECURITY REVIEW COMMISSION able until expended: Provided, That this tenth provisos under this heading in the Con- SALARIES AND EXPENSES amount is in addition to funds otherwise solidated Appropriations Act, 2010 (Public For necessary expenses of the United available for such purposes: Provided further, Law 111–117) shall apply to funds appro- States-China Economic and Security Review That funds appropriated under this heading priated under this heading in this Act: Pro- Commission, as authorized by section 1238 of shall be available for obligation only pursu- vided further, That for purposes of this or any the Floyd D. Spence National Defense Au- ant to the regular notification procedures of other Act authorizing or appropriating funds thorization Act for Fiscal Year 2001 (22 the Committees on Appropriations. for the Department of State, foreign oper- U.S.C. 7002), $3,493,000, including not more OFFICE OF INSPECTOR GENERAL ations, and related programs, the term ‘‘motivate’’, as it relates to family planning as- than $4,000 for the purpose of official rep- For necessary expenses to carry out the sistance, shall not be construed to prohibit resentation, to remain available until Sep- provisions of section 667 of the Foreign As- the provision, consistent with local law, of tember 30, 2013: Provided, That the second sistance Act of 1961, $49,000,000, to remain information or counseling about all preg- through sixth provisos under this heading in available until September 30, 2013, which division F of Public Law 111–117 shall con- sum shall be available for the Office of In- nancy options: Provided further, That infor- tinue in effect during fiscal year 2012 and spector General of the United States Agency mation provided about the use of condoms as shall apply as if part of this Act. for International Development. part of projects or activities that are funded from amounts appropriated by this Act shall TITLE II TITLE III UNITED STATES AGENCY FOR be medically accurate and shall include the BILATERAL ECONOMIC ASSISTANCE INTERNATIONAL DEVELOPMENT public health benefits and failure rates of FUNDS APPROPRIATED TO THE PRESIDENT such use. FUNDS APPROPRIATED TO THE PRESIDENT For necessary expenses to enable the Presi- OPERATING EXPENSES In addition, for necessary expenses to dent to carry out the provisions of the For- carry out the provisions of the Foreign As- (INCLUDING TRANSFER OF FUNDS) eign Assistance Act of 1961, and for other sistance Act of 1961 for the prevention, treat- For necessary expenses to carry out the purposes, to remain available until Sep- ment, and control of, and research on, HIV/ provisions of section 667 of the Foreign As- tember 30, 2012, unless otherwise specified AIDS, $5,250,000,000, to remain available until sistance Act of 1961, $1,251,000,000, to remain herein, as follows: September 30, 2015, which shall be appor- available until September 30, 2013: Provided, GLOBAL HEALTH PROGRAMS tioned directly to the Department of State: That none of the funds appropriated under Provided, That of the funds appropriated this heading and under the heading ‘‘Capital (INCLUDING TRANSFER OF FUNDS) Investment Fund’’ in this title may be made For necessary expenses to carry out the under this paragraph, not less than available to finance the construction (in- provisions of chapters 1 and 10 of part I of $750,000,000 shall be made available, notwith- cluding architect and engineering services), the Foreign Assistance Act of 1961, for global standing any other provision of law, except purchase, or long-term lease of offices for health activities, in addition to funds other- for the United States Leadership Against use by the United States Agency for Inter- wise available for such purposes, HIV/AIDS, Tuberculosis and Malaria Act of national Development (USAID), unless the $2,657,500,000, to remain available until Sep- 2003 (Public Law 108–25), as amended, for a USAID Administrator has identified such tember 30, 2013, and which shall be appor- United States contribution to the Global proposed use of funds in a report submitted tioned directly to the United States Agency Fund to Fight AIDS, Tuberculosis and Ma- to the Committees on Appropriations at for International Development (USAID): Pro- laria (Global Fund), and shall be expended at least 15 days prior to the obligation of funds vided, That this amount shall be made avail- the minimum rate necessary to make timely for such purposes: Provided further, That con- able for training, equipment, and technical payment for projects and activities: Provided tracts or agreements entered into with funds assistance to build the capacity of public further, That up to 5 percent of the aggregate appropriated under this heading may entail health institutions and organizations in de- amount of funds made available to the Glob- commitments for the expenditure of such veloping countries, and for such activities al Fund in fiscal year 2012 may be made funds through the following fiscal year: Pro- as: (1) child survival and maternal health available to USAID for technical assistance vided further, That any decision to open a programs; (2) immunization and oral re- related to the activities of the Global Fund: new USAID mission, bureau, center, or office hydration programs; (3) other health, nutri- Provided further, That of the funds appro- or, except where there is a substantial secu- tion, water and sanitation programs which priated under this paragraph, up to rity risk to mission personnel, to close or directly address the needs of mothers and $14,250,000 may be made available, in addi- significantly reduce the number of personnel children, and related education programs; (4) tion to amounts otherwise available for such of any such mission or office, shall be subject assistance for children displaced or orphaned purposes, for administrative expenses of the to the regular notification procedures of the by causes other than AIDS; (5) programs for Office of the United States Global AIDS Co- Committees on Appropriations: Provided fur- the prevention, treatment, control of, and ordinator. ther, That the authority of sections 610 and research on HIV/AIDS, tuberculosis, polio, DEVELOPMENT ASSISTANCE 109 of the Foreign Assistance Act of 1961 may malaria, and other infectious diseases in- be exercised by the Secretary of State to cluding neglected tropical diseases, and for For necessary expenses to carry out the transfer funds appropriated to carry out assistance to communities severely affected provisions of sections 103, 105, 106, 214, and chapter 1 of part I of such Act to ‘‘Operating by HIV/AIDS, including children infected or sections 251 through 255, and chapter 10 of Expenses’’ in accordance with the provisions affected by AIDS; and (6) family planning/re- part I of the Foreign Assistance Act of 1961, of those sections: Provided further, That any productive health: Provided further, That $2,550,000,000, to remain available until Sep- reprogramming of funds in excess of funds appropriated under this paragraph tember 30, 2013: Provided, That relevant bu- $1,000,000 or 10 percent, whichever is less, to shall be made available for a United States reaus and offices of the United States Agen- the cost categories in the table included contribution to the GAVI Alliance: Provided cy for International Development (USAID) under this heading in the report accom- further, That none of the funds made avail- that support cross-cutting development pro- panying this Act for funds appropriated able in this Act nor any unobligated bal- grams shall coordinate such programs on a under this heading, shall be subject to the ances from prior appropriations Acts may be regular basis: Provided further, That funds regular notification procedures of the Com- made available to any organization or pro- appropriated by this Act shall be made avail- mittees on Appropriations: Provided further, gram which, as determined by the President able for water and sanitation supply projects That of the funds appropriated or made of the United States, supports or partici- pursuant to the Paul Simon Water for the available under this heading, not to exceed pates in the management of a program of co- Poor Act of 2005 (Public Law 109–121): Pro- $250,000 may be available for representation ercive abortion or involuntary sterilization: vided further, That funds appropriated by this and entertainment allowances, of which not Provided further, That any determination Act for food security and agricultural devel- to exceed $5,000 may be available for enter- made under the previous proviso must be opment programs may be made available tainment allowances, for USAID during the made no later than 6 months after enact- notwithstanding any other provision of law current fiscal year: Provided further, That no ment of this Act, and must be accompanied and shall be made available for a United such entertainment funds may be used for by the evidence and criteria utilized to make States contribution to the endowment of the the purposes listed in section 7020 of this the determination: Provided further, That Global Crop Diversity Trust pursuant to sec- Act: Provided further, That appropriate steps none of the funds made available under this tion 3202 of Public Law 110–246: Provided fur- shall be taken to assure that, to the max- Act may be used to pay for the performance ther, That funds appropriated under this imum extent possible, United States-owned of abortion as a method of family planning heading shall be made available for programs foreign currencies are utilized in lieu of dol- or to motivate or coerce any person to prac- to improve women’s leadership capacity in lars. tice abortions: Provided further, That nothing recipient countries.

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INTERNATIONAL DISASTER ASSISTANCE Eurasia and Central Asia’’: Provided, That the Congressional Budget Act of 1974, of loan For necessary expenses to carry out the funds provided under this paragraph and guarantees for Tunisia, which are authorized provisions of section 491 of the Foreign As- funds provided as a gift pursuant to section to be provided: Provided further, That sistance Act of 1961 for international disaster 635(d) of the Foreign Assistance Act of 1961 amounts that are made available under the relief, rehabilitation, and reconstruction as- shall be made available only for micro and previous proviso for the cost of guarantees sistance, $850,000,000, to remain available small enterprise programs, urban programs, shall not be considered ‘‘assistance’’ for the until expended. and other programs which further the pur- purposes of provisions of law limiting assist- poses of part I of such Act: Provided further, ance to a country: Provided further, That TRANSITION INITIATIVES That such costs, including the cost of modi- none of the funds appropriated under this For necessary expenses for international fying such direct and guaranteed loans, shall heading may be made available for the Pal- disaster rehabilitation and reconstruction be as defined in section 502 of the Congres- estinian Authority if Palestine becomes a assistance pursuant to section 491 of the For- sional Budget Act of 1974, as amended: Pro- member or non-member state of the United eign Assistance Act of 1961, $55,000,000, to re- vided further, That funds made available by Nations outside of an agreement negotiated main available until expended, to support this paragraph may be used for the cost of between Israel and the Palestinians: Provided transition to democracy and to long-term de- modifying any such guaranteed loans under further, That the Secretary may waive the velopment of countries in crisis: Provided, this Act or prior Acts, and funds used for previous proviso if the Secretary certifies to That such support may include assistance to such costs shall be subject to the regular no- the Committees on Appropriations that to do develop, strengthen, or preserve democratic tification procedures of the Committees on so is in the national security interests of the institutions and processes, revitalize basic Appropriations: Provided further, That the United States: Provided further, That of the infrastructure, and foster the peaceful reso- provisions of section 107A(d) (relating to gen- funds appropriated under this heading, lution of conflict: Provided further, That the eral provisions applicable to the Develop- $179,000,000 shall be apportioned directly to United States Agency for International De- ment Credit Authority) of the Foreign As- the United States Agency for International velopment shall submit a report to the Com- Development for alternative development/in- sistance Act of 1961, as contained in section mittees on Appropriations at least 5 days stitution building programs in Colombia: 306 of H.R. 1486 as reported by the House prior to beginning a new program of assist- Provided further, That of the funds appro- Committee on International Relations on ance: Provided further, That if the Secretary priated under this heading that are available May 9, 1997, shall be applicable to direct of State determines that it is important to for assistance for Colombia, not less than loans and loan guarantees provided under the national interests of the United States $8,000,000 shall be transferred to, and merged this heading, except that the principal to provide transition assistance in excess of with, funds appropriated under the heading amount of loans made or guaranteed under the amount appropriated under this heading, ‘‘Migration and Refugee Assistance’’ and this heading with respect to any single coun- up to $15,000,000 of the funds appropriated by shall be made available only for assistance try or borrower shall not exceed $300,000,000: this Act to carry out the provisions of part to nongovernmental and international orga- Provided further, That these funds are avail- I of the Foreign Assistance Act of 1961 may nizations that provide assistance to Colom- able to subsidize total loan principal, any be used for purposes of this heading and bian refugees in neighboring countries: Pro- portion of which is to be guaranteed, of up to under the authorities applicable to funds ap- vided further, That of the funds appropriated $1,000,000,000. under this heading, $15,000,000 may be made propriated under this heading: Provided fur- In addition, for administrative expenses to ther, That funds made available pursuant to available for assistance for Cuba, including carry out credit programs administered by humanitarian and democracy assistance, the previous proviso shall be made available the United States Agency for International subject to prior consultation with the Com- support for economic reform, private sector Development, $8,300,000, which may be trans- initiatives, and human rights. mittees on Appropriations. ferred to, and merged with, funds made DEMOCRACY FUND COMPLEX CRISES FUND available under the heading ‘‘Operating Ex- For necessary expenses to carry out the For necessary expenses to carry out the penses’’ in title II of this Act: Provided, That provisions of the Foreign Assistance Act of provisions of the Foreign Assistance Act of funds made available under this heading 1961 for the promotion of democracy glob- 1961 to enable the Administrator of the shall remain available until September 30, ally, $114,770,000, to remain available until United States Agency for International De- 2014. September 30, 2013, of which $70,910,000 shall velopment (USAID), with the concurrence of ECONOMIC SUPPORT FUND be made available for the Human Rights and the Secretary of State, to support programs (INCLUDING TRANSFER OF FUNDS) Democracy Fund of the Bureau of Democ- and activities to prevent or respond to For necessary expenses to carry out the racy, Human Rights and Labor, Department emerging or unforeseen complex crises over- provisions of chapter 4 of part II of the For- of State, and $43,860,000 shall be made avail- seas, $30,000,000, to remain available until ex- eign Assistance Act of 1961, $4,378,560,000, to able for the Office of Democracy and Govern- pended: Provided, That the administrative remain available until September 30, 2013: ance of the Bureau for Democracy, Conflict, authorities of the Foreign Assistance Act of Provided, That of the funds appropriated and Humanitarian Assistance, United States 1961 shall be applicable to funds appropriated under this heading, up to $250,000,000 shall be Agency for International Development. under this heading: Provided further, That available for assistance for Egypt, which ASSISTANCE FOR EUROPE, EURASIA AND funds appropriated under this heading may shall be for programs and activities (includ- CENTRAL ASIA be made available on such terms and condi- ing to implement sections 7039(a)(3) and (b) For necessary expenses to carry out the tions as the USAID Administrator may de- of this Act) to reduce poverty and create provisions of the Foreign Assistance Act of termine, in consultation with the Commit- jobs, strengthen democracy, and protect 1961, the FREEDOM Support Act, and the tees on Appropriations, for the purposes of human rights, including not less than Support for East European Democracy preventing or responding to such crises, ex- $35,000,000 for education programs of which (SEED) Act of 1989, $626,718,000, to remain cept that no funds shall be made available to not less than $10,000,000 is for scholarships at available until September 30, 2013, which respond to natural disasters: Provided fur- not-for-profit institutions for Egyptian stu- shall be available, notwithstanding any ther, That funds appropriated under this dents with high financial need: Provided fur- other provision of law, for assistance and for heading shall be made available notwith- ther, That funds appropriated under this related programs for countries identified in standing section 10 of Public Law 91–672 and heading that are made available for assist- section 3 of the FREEDOM Support Act and section 15 of the State Department Basic Au- ance for Cyprus shall be used only for schol- section 3(c) of the SEED Act: Provided, That thorities Act of 1956: Provided further, That arships, administrative support of the schol- funds appropriated under this heading shall funds appropriated under this heading may arship program, bicommunal projects, and be considered to be economic assistance be made available notwithstanding any other measures aimed at reunification of the is- under the Foreign Assistance Act of 1961 for provision of law, except sections 7007, 7008, land and designed to reduce tensions and purposes of making available the adminis- and 7018 of this Act: Provided further, That promote peace and cooperation between the trative authorities contained in that Act for funds appropriated under this heading shall two communities on Cyprus: Provided further, the use of economic assistance: Provided fur- be subject to the regular notification proce- That $12,000,000 of the funds made available ther, That funds made available for the dures of the Committees on Appropriations, for assistance for Lebanon under this head- Southern Caucasus region may be used for except that such notifications shall be trans- ing shall be for scholarships at not-for-profit confidence-building measures and other ac- mitted at least 5 days in advance of the obli- institutions for students in Lebanon with tivities in furtherance of the peaceful resolu- gation of funds. high financial need: Provided further, That of tion of conflicts, including in Nagorno- DEVELOPMENT CREDIT AUTHORITY the funds appropriated under this heading, Karabakh: Provided further, That of the funds (INCLUDING TRANSFER OF FUNDS) not less than $360,000,000 shall be available appropriated under this heading, not less For the cost of direct loans and loan guar- for assistance for Jordan, including for pro- than $7,000,000 shall be made available for antees provided by the United States Agency grams and activities to reduce poverty and humanitarian, conflict mitigation, human for International Development, as authorized create jobs, strengthen democracy, and pro- rights, civil society, and relief and reconstruction assistance for the North Caucasus. by sections 256 and 635 of the Foreign Assist- tect human rights: Provided further, That up ance Act of 1961, up to $50,000,000 may be de- to $30,000,000 of the funds appropriated for DEPARTMENT OF STATE rived by transfer from funds appropriated by fiscal year 2011 under this heading in Public MIGRATION AND REFUGEE ASSISTANCE this Act to carry out part I of such Act and Law 112–10, division B, may be made avail- For necessary expenses not otherwise pro- under the heading ‘‘Assistance for Europe, able for the costs, as defined in section 502 of vided for, to enable the Secretary of State to

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7488 CONGRESSIONAL RECORD — SENATE November 15, 2011 carry out the provisions of section 2(a) and gram; or commencing negotiations for any TITLE IV (b) of the Migration and Refugee Assistance new compact or threshold country program: INTERNATIONAL SECURITY ASSISTANCE Act of 1962, and other activities to meet ref- Provided further, That funds appropriated by DEPARTMENT OF STATE ugee and migration needs; salaries and ex- this Act or any prior Act appropriating funds INTERNATIONAL NARCOTICS CONTROL AND LAW penses of personnel and dependents as au- for the Department of State, foreign oper- ENFORCEMENT thorized by the Foreign Service Act of 1980; ations, and related programs that are made allowances as authorized by sections 5921 available for a Millennium Challenge Com- (INCLUDING TRANSFER OF FUNDS) through 5925 of title 5, United States Code; pact and that are suspended or terminated For necessary expenses to carry out sec- purchase and hire of passenger motor vehi- by the Chief Executive Officer of the Cor- tion 481 of the Foreign Assistance Act of cles; and services as authorized by section poration shall be subject to the regular noti- 1961, $1,056,000,000, to remain available until 3109 of title 5, United States Code, fication procedures of the Committees on September 30, 2013: Provided, That during fis- $1,700,000,000, to remain available until ex- Appropriations prior to re-obligation: Pro- cal year 2012, the Department of State may pended, of which $20,000,000 shall be made vided further, That none of the funds appro- also use the authority of section 608 of the available for refugees resettling in Israel, priated by this Act and prior Acts making Foreign Assistance Act of 1961, without re- and not less than $35,000,000 shall be made appropriations for the Department of State, gard to its restrictions, to receive excess available to respond to small-scale emer- foreign operations, and related programs property from an agency of the United gency humanitarian requirements of inter- under this heading may be used for military States Government for the purpose of pro- national and nongovernmental partners. assistance or military training, including for viding it to a foreign country or inter- INDEPENDENT AGENCIES assistance for military or paramilitary pur- national organization under chapter 8 of part I of that Act subject to the regular notifica- PEACE CORPS poses and for assistance to military forces: Provided further, That of the funds appro- tion procedures of the Committees on Appro- (INCLUDING TRANSFER OF FUNDS) priated under this heading, not to exceed priations: Provided further, That the Sec- For necessary expenses to carry out the $100,000 may be available for representation retary of State shall provide to the Commit- provisions of the Peace Corps Act (22 U.S.C. and entertainment allowances, of which not tees on Appropriations not later than 45 days 2501–2523), including the purchase of not to to exceed $5,000 may be available for enter- after the date of enactment of this Act and exceed five passenger motor vehicles for ad- tainment allowances. prior to the initial obligation of funds appro- ministrative purposes for use outside of the priated under this heading, a report on the United States, $375,000,000, of which $5,000,000 INTER-AMERICAN FOUNDATION proposed uses of all funds under this heading is for the Office of Inspector General, to re- For necessary expenses to carry out the on a country-by-country basis for each pro- main available until September 30, 2013: Pro- functions of the Inter-American Foundation posed program, project, or activity: Provided vided, That the Director of the Peace Corps in accordance with the provisions of section further, That section 482(b) of the Foreign may transfer to the Foreign Currency Fluc- 401 of the Foreign Assistance Act of 1969, Assistance Act of 1961 shall not apply to tuations Account, as authorized by 22 U.S.C. $22,500,000, to remain available until Sep- funds appropriated under this heading: Pro- 2515, an amount not to exceed $5,000,000: Pro- tember 30, 2013: Provided, That of the funds vided further, That assistance provided with vided further, That funds transferred pursu- appropriated under this heading, not to ex- funds appropriated under this heading that is ant to the previous proviso may not be de- ceed $2,000 may be available for entertain- made available notwithstanding section rived from amounts made available for Peace ment and representation allowances. 482(b) of the Foreign Assistance Act of 1961 Corps overseas operations: Provided further, shall be made available subject to the reg- AFRICAN DEVELOPMENT FOUNDATION That of the funds appropriated under this ular notification procedures of the Commit- heading, not to exceed $4,000 may be made For necessary expenses to carry out title V tees on Appropriations: Provided further, available for entertainment expenses: Pro- of the International Security and Develop- That notwithstanding any provision of this vided further, That not later than 45 days ment Cooperation Act of 1980 (Public Law 96– or any other Act, funds appropriated in prior after enactment of this Act, the Director 533), $30,000,000, to remain available until years under the headings ‘‘Andean shall submit a spending plan to the Commit- September 30, 2013: Provided, That funds Counterdrug Initiative’’ and ‘‘Andean tees on Appropriations on the proposed uses made available to grantees may be invested Counterdrug Program’’ shall be available for of funds under this heading: Provided further, pending expenditure for project purposes use in any country for which funds may be That none of the funds appropriated under when authorized by the Board of Directors of made available under this heading without this heading may be used to pay for abor- the Foundation: Provided further, That inter- regard to the geographic or purpose limitations, except when the life of the mother est earned shall be used only for the purposes tions under which such funds were originally would be endangered if the fetus were carried for which the grant was made: Provided fur- appropriated, subject to the regular notifica- to term, or the pregnancy is the result of an ther, That notwithstanding section 505(a)(2) tion procedures of the Committees on Appro- act of rape or incest. of the African Development Foundation Act, priations: Provided further, That, notwith- MILLENNIUM CHALLENGE CORPORATION in exceptional circumstances the Board of standing any other provision of law, of the (INCLUDING TRANSFER OF FUNDS) Directors of the Foundation may waive the funds appropriated under this heading, For necessary expenses to carry out the $250,000 limitation contained in that section $5,000,000 should be made available to combat provisions of the Millennium Challenge Act with respect to a project and a project may piracy of United States copyrighted mate- of 2003, $898,200,000 to remain available until exceed the limitation by up to 10 percent if rials, consistent with the requirements of expended: Provided, That of the funds appro- the increase is due solely to foreign currency section 688(a) and (b) of the Department of priated under this heading, up to $105,000,000 fluctuation: Provided further, That the Foun- State, Foreign Operations, and Related Pro- may be available for administrative expenses dation shall provide a report to the Commit- grams Appropriations Act, 2008 (division J of of the Millennium Challenge Corporation tees on Appropriations after each time such Public Law 110–161): Provided further, That (the Corporation): Provided further, That up waiver authority is exercised. not later than 90 days after enactment of this Act, the Secretary of State shall submit to 5 percent of the funds appropriated under DEPARTMENT OF THE TREASURY this heading may be made available to carry a report to the Committees on Appropria- out the purposes of section 616 of the Millen- INTERNATIONAL AFFAIRS TECHNICAL tions detailing the operation and mainte- nium Challenge Act of 2003 for fiscal year ASSISTANCE nance costs of aircraft utilized in Iraq in support of programs funded under this heading, 2012: Provided further, That section 605(e)(4) For necessary expenses to carry out the a justification for not including such costs of the Millennium Challenge Act of 2003 shall provisions of section 129 of the Foreign As- under the heading ‘‘Diplomatic and Consular apply to funds appropriated under this head- sistance Act of 1961, $27,000,000, to remain Programs’’, and estimates for overhead costs ing: Provided further, That funds appro- available until September 30, 2013, which associated with the Stabilization Operations priated under this heading may be made shall be available notwithstanding any other and Security Sector Reform program: Pro- available for a Millennium Challenge Com- provision of law. pact entered into pursuant to section 609 of vided further, That the concurrence of the DEBT RESTRUCTURING the Millennium Challenge Act of 2003 only if Secretary of State shall be required for the such Compact obligates, or contains a com- For the cost, as defined in section 502 of provision of assistance which is comparable mitment to obligate subject to the avail- the Congressional Budget Act of 1974, of to assistance made available under this ability of funds and the mutual agreement of modifying loans and loan guarantees, as the heading but which is provided under any the parties to the Compact to proceed, the President may determine, for which funds other provision of law. entire amount of the United States Govern- have been appropriated or otherwise made NONPROLIFERATION, ANTI-TERRORISM, ment funding anticipated for the duration of available for programs within the Inter- DEMINING AND RELATED PROGRAMS the Compact: Provided further, That the Chief national Affairs Budget Function 150, includ- For necessary expenses for nonprolifera- Executive Officer of the Corporation shall ing the cost of selling, reducing, or canceling tion, anti-terrorism, demining and related notify the Committees on Appropriations amounts owed to the United States as a re- programs and activities, $685,500,000, to carry not later than 15 days prior to signing any sult of concessional loans made to eligible out the provisions of chapter 8 of part II of new country compact or new threshold coun- countries, pursuant to part V of the Foreign the Foreign Assistance Act of 1961 for anti- try program; terminating or suspending any Assistance Act of 1961, $15,000,000, to remain terrorism assistance, chapter 9 of part II of country compact or threshold country pro- available until September 30, 2013. the Foreign Assistance Act of 1961, section

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7489 504 of the FREEDOM Support Act, section 23 under this heading may include civilians who That funds appropriated or otherwise made of the Arms Export Control Act or the For- are not members of a government whose par- available under this heading shall be non- eign Assistance Act of 1961 for demining ac- ticipation would contribute to improved repayable notwithstanding any requirement tivities, the clearance of unexploded ord- civil-military relations, civilian control of in section 23 of the Arms Export Control Act: nance, the destruction of small arms, and re- the military, or respect for human rights: Provided further, That funds made available lated activities, notwithstanding any other Provided further, That funds made available under this heading shall be obligated upon provision of law, including activities imple- under this heading for assistance for Angola, apportionment in accordance with paragraph mented through nongovernmental and inter- Bahrain, Bangladesh, Cameroon, Central Af- (5)(C) of title 31, United States Code, section national organizations, and section 301 of the rican Republic, Chad, Coˆ te d’Ivoire, Demo- 1501(a). Foreign Assistance Act of 1961 for a vol- cratic Republic of the Congo, Ethiopia, Gua- untary contribution to the International temala, Guinea, Haiti, Indonesia, Kenya, None of the funds made available under Atomic Energy Agency (IAEA), and for a Libya, Nepal, Nigeria, and Sri Lanka may this heading shall be available to finance the United States contribution to the Com- only be provided through the regular notifi- procurement of defense articles, defense prehensive Nuclear Test Ban Treaty Pre- cation procedures of the Committees on Ap- services, or design and construction services paratory Commission: Provided, That the propriations and any such notification shall that are not sold by the United States Gov- clearance of unexploded ordnance should include a detailed description of proposed ac- ernment under the Arms Export Control Act prioritize areas where such ordnance was tivities: Provided further, That of the funds unless the foreign country proposing to caused by the United States: Provided fur- appropriated under this heading, not to ex- make such procurement has first signed an ther, That of the funds made available under ceed $55,000 may be available for entertain- agreement with the United States Govern- this heading, not to exceed $30,000,000, to re- ment allowances. ment specifying the conditions under which main available until expended, may be made FOREIGN MILITARY FINANCING PROGRAM such procurement may be financed with such available for the Nonproliferation and Disar- (INCLUDING TRANSFER OF FUNDS) funds: Provided, That all country and funding mament Fund, notwithstanding any other For necessary expenses for grants to en- level increases in allocations shall be sub- provision of law and subject to prior con- able the President to carry out the provi- mitted through the regular notification pro- sultation with, and the regular notification sions of section 23 of the Arms Export Con- cedures of section 7015 of this Act: Provided procedures of, the Committees on Appropria- trol Act, $5,346,000,000: Provided, That to ex- further, That funds made available under this tions, to promote bilateral and multilateral pedite the provision of assistance to foreign heading may be used, notwithstanding any activities relating to nonproliferation, disar- countries and international organizations, other provision of law, for demining, the mament and weapons destruction: Provided the Secretary of State, following consulta- clearance of unexploded ordnance, and re- further, That such funds may also be used for tion with the Committees on Appropriations lated activities, and may include activities such countries other than the Independent and subject to the regular notification proce- implemented through nongovernmental and States of the former Soviet Union and inter- dures of such Committees, may use the funds international organizations: Provided further, national organizations when it is in the na- appropriated under this heading to procure That none of the funds appropriated under tional security interest of the United States defense articles and services to enhance the this heading may be made available for as- to do so: Provided further, That funds appro- capacity of foreign security forces: Provided sistance for Nepal, Sri Lanka, Pakistan, priated under this heading may be made further, That of the funds appropriated under Bangladesh, Bahrain, Philippines, Indonesia, available for the IAEA unless the Secretary this heading, not less than $3,075,000,000 shall Haiti, Guatemala, Honduras, Ethiopia, Cam- of State determines that Israel is being de- be available for grants only for Israel, and up bodia, Kenya, Chad, and the Democratic Re- nied its right to participate in the activities to $1,300,000,000 shall be made available for public of the Congo except pursuant to the of that Agency: Provided further, That funds grants only for Egypt, including for border regular notification procedures of the Com- appropriated under this heading may be security programs and activities in the mittees on Appropriations: Provided further, made available for public-private partner- Sinai: Provided further, That prior to the ob- That only those countries for which assist- ships for conventional weapons and mine ac- ligation of funds appropriated under this ance was justified for the ‘‘Foreign Military tion by grant, cooperative agreement or con- heading for assistance for Egypt, the Sec- Sales Financing Program’’ in the fiscal year tract: Provided further, That funds made retary of State shall certify to the Commit- 1989 congressional presentation for security available for demining and related activities, tees on Appropriations that the Govern- assistance programs may utilize funds made in addition to funds otherwise available for ments of the United States and Egypt have available under this heading for procurement such purposes, may be used for administra- agreed upon the specific uses of such funds, of defense articles, defense services or design tive expenses related to the operation and that such funds further the national inter- and construction services that are not sold management of the demining program: Pro- ests of the United States in Egypt and the by the United States Government under the vided further, That funds appropriated under region, and that the Government of Egypt this heading that are available for ‘‘Anti-ter- Arms Export Control Act: Provided further, has held free and fair elections and is imple- That funds appropriated under this heading rorism Assistance’’ and ‘‘Export Control and menting policies to protect the rights of Border Security’’ shall remain available shall be expended at the minimum rate nec- journalists, due process, and freedoms of ex- essary to make timely payment for defense until September 30, 2013. pression and association: Provided further, articles and services: Provided further, That PEACEKEEPING OPERATIONS That the funds appropriated under this head- not more than $62,800,000 of the funds appro- ing for assistance for Israel shall be dis- For necessary expenses to carry out the priated under this heading may be obligated bursed within 30 days of enactment of this provisions of section 551 of the Foreign As- for necessary expenses, including the pur- Act: Provided further, That to the extent that sistance Act of 1961, $262,000,000: Provided, chase of passenger motor vehicles for re- the Government of Israel requests that funds That funds appropriated under this heading placement only for use outside of the United may be used, notwithstanding section 660 of be used for such purposes, grants made available for Israel under this heading shall, as States, for the general costs of administering such Act, to provide assistance to enhance military assistance and sales, except that the capacity of foreign civilian security agreed by the United States and Israel, be available for advanced weapons systems, of this limitation may be exceeded only forces, including gendarmes, to participate through the regular notification procedures in peacekeeping operations: Provided further, which not less than $808,725,000 shall be of the Committees on Appropriations: Pro- That funds appropriated under this heading available for the procurement in Israel of de- vided further, That of the funds appropriated may be used to pay assessed expenses of fense articles and defense services, including under this heading for general costs of ad- international peacekeeping activities in So- research and development: Provided further, ministering military assistance and sales, malia and shall be available until September That funds appropriated under this heading not to exceed $4,000 may be available for en- 30, 2013: Provided further, That funds appro- estimated to be outlayed for Egypt during tertainment expenses and not to exceed priated under this Act should not be used to fiscal year 2012 may be transferred to an in- support any military training or operations terest bearing account for Egypt in the Fed- $130,000 may be available for representation that include child soldiers: Provided further, eral Reserve Bank of New York within 30 allowances: Provided further, That not more That none of the funds appropriated under days of enactment of this Act: Provided fur- than $836,900,000 of funds realized pursuant to this heading shall be obligated or expended ther, That of the funds appropriated under section 21(e)(1)(A) of the Arms Export Con- except as provided through the regular noti- this heading, $300,000,000 shall be made avail- trol Act may be obligated for expenses in- fication procedures of the Committees on able for assistance for Jordan: Provided fur- curred by the Department of Defense during Appropriations. ther, That none of the funds made available fiscal year 2012 pursuant to section 43(b) of under this heading shall be made available the Arms Export Control Act, except that FUNDS APPROPRIATED TO THE PRESIDENT to support or continue any program initially this limitation may be exceeded only INTERNATIONAL MILITARY EDUCATION AND funded under the authority of section 1206 of through the regular notification procedures TRAINING the National Defense Authorization Act for of the Committees on Appropriations: Pro- For necessary expenses to carry out the Fiscal Year 2006 (Public Law 109–163; 119 vided further, That, with respect to the pre- provisions of section 541 of the Foreign As- Stat. 3456) unless the Secretary of State, in vious proviso, up to $100,000,000 of such funds sistance Act of 1961, $105,788,000: Provided, consultation with the Secretary of Defense, may be transferred to the Special Defense That the civilian personnel for whom mili- has justified such program to the Commit- Acquisition Fund pursuant to section 51 of tary education and training may be provided tees on Appropriations: Provided further, the Arms Export Control Act.

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TITLE V without fiscal year limitation to the callable PROGRAM ACCOUNT MULTILATERAL ASSISTANCE capital portion of the United States share of The Export-Import Bank of the United such capital stock in an amount not to ex- FUNDS APPROPRIATED TO THE PRESIDENT States is authorized to make such expendi- ceed $4,098,794,833. INTERNATIONAL ORGANIZATIONS AND PROGRAMS tures within the limits of funds and bor- CONTRIBUTION TO THE ENTERPRISE FOR THE rowing authority available to such corpora- For necessary expenses to carry out the AMERICAS MULTILATERAL INVESTMENT FUND tion, and in accordance with law, and to provisions of section 301 of the Foreign As- make such contracts and commitments with- sistance Act of 1961, and of section 2 of the For payment to the Enterprise for the out regard to fiscal year limitations, as pro- United Nations Environment Program Par- Americas Multilateral Investment Fund by vided by section 104 of the Government Cor- ticipation Act of 1973, $352,950,000: Provided, the Secretary of the Treasury, $25,000,000, to poration Control Act, as may be necessary in That section 307(a) of the Foreign Assistance remain available until expended. carrying out the program for the current fis- Act of 1961 shall not apply to contributions CONTRIBUTION TO THE ASIAN DEVELOPMENT cal year for such corporation: Provided, That to the United Nations Democracy Fund. BANK none of the funds available during the cur- For payment to the Asian Development INTERNATIONAL FINANCIAL INSTITUTIONS rent fiscal year may be used to make expend- Bank by the Secretary of the Treasury for GLOBAL ENVIRONMENT FACILITY itures, contracts, or commitments for the the United States share of the paid-in por- export of nuclear equipment, fuel, or tech- For payment to the International Bank for tion of increase in capital stock, $106,586,000, nology to any country, other than a nuclear- Reconstruction and Development as trustee to remain available until expended. for the Global Environment Facility by the weapon state as defined in Article IX of the LIMITATION ON CALLABLE CAPITAL Secretary of the Treasury, $120,000,000, to re- Treaty on the Non-Proliferation of Nuclear SUBSCRIPTIONS main available until expended. Weapons eligible to receive economic or The United States Governor of the Asian CONTRIBUTION TO THE INTERNATIONAL BANK military assistance under this Act, that has Development Bank may subscribe without FOR RECONSTRUCTION AND DEVELOPMENT detonated a nuclear explosive after the date fiscal year limitation to the callable capital of the enactment of this Act: Provided fur- For payment to the International Bank for portion of the United States share of such Reconstruction and Development by the Sec- ther, That the use of the aggregate loan, capital stock in an amount not to exceed guarantee, and insurance authority available retary of the Treasury, for the United States $2,558,048,769. share of the paid-in portion of the increases to the Export-Import Bank during the cur- CONTRIBUTION TO THE ASIAN DEVELOPMENT in capital stock, $117,364,344, to remain avail- rent fiscal year should not result in green- FUND able until expended. house gas emissions from the extraction or For payment to the Asian Development production of fossil fuels and the use of fossil LIMITATION ON CALLABLE CAPITAL Bank’s Asian Development Fund by the Sec- fuels in electricity generation exceeding the SUBSCRIPTIONS retary of the Treasury, $100,000,000, to re- total amount of such emissions resulting The United States Governor of the Inter- main available until expended. from the use of such authority during fiscal national Bank for Reconstruction and Devel- CONTRIBUTION TO THE AFRICAN DEVELOPMENT year 2010, unless not less than 15 days prior opment may subscribe without fiscal year BANK to the use of such authority the Export-Im- limitation to the callable capital portion of port Bank provides written notification to For payment to the African Development the United States share of increases in cap- the Committees on Appropriations that the Bank by the Secretary of the Treasury for ital stock in an amount not to exceed use of such authority would result in green- the United States share of the paid-in por- $2,928,990,899. house gas emissions exceeding such amount tion of the increase in capital stock, CONTRIBUTION TO THE INTERNATIONAL and indicating the amount of the increase, $32,417,720, to remain available until ex- DEVELOPMENT ASSOCIATION and posts such notification on the Bank’s pended. For payment to the International Develop- Web site: Provided further, That not less than LIMITATION ON CALLABLE CAPITAL ment Association by the Secretary of the 10 percent of such aggregate should be used SUBSCRIPTIONS Treasury, $1,355,000,000, to remain available for renewable energy technology and end-use until expended. The United States Governor of the African energy efficiency technologies: Provided fur- For payment to the International Develop- Development Bank may subscribe without ther, That notwithstanding section 1(c) of ment Association by the Secretary of the fiscal year limitation to the callable capital Public Law 103–428, as amended, sections 1(a) Treasury for costs incurred under the Multi- portion of the United States share of such and (b) of Public Law 103–428 shall remain in lateral Debt Relief Initiative, $167,000,000, to capital stock in an amount not to exceed effect through October 1, 2012: Provided fur- remain available until expended. $507,860,808. ther, That notwithstanding the dates speci- CONTRIBUTION TO THE CLEAN TECHNOLOGY CONTRIBUTION TO THE AFRICAN DEVELOPMENT fied in section 7 of the Export-Import Bank FUND FUND Act of 1945 (12 U.S.C. 6350 and section 1(c) of Public Law 103–428), the Export-Import Bank For payment to the International Bank for For payment to the African Development of the United States shall continue to exer- Reconstruction and Development as trustee Fund by the Secretary of the Treasury, cise its functions in connection with and in for the Clean Technology Fund by the Sec- $125,000,000, to remain available until ex- furtherance of its objects and purposes retary of the Treasury, $350,000,000, to re- pended. through September 30, 2012. main available until expended. For payment to the African Development Fund by the Secretary of the Treasury for SUBSIDY APPROPRIATION CONTRIBUTION TO THE STRATEGIC CLIMATE costs incurred under the Multilateral Debt FUND For the cost of direct loans, loan guaran- Relief Initiative, $7,500,000, to remain avail- tees, insurance, and tied-aid grants as au- For payment to the International Bank for able until expended. Reconstruction and Development as trustee thorized by section 10 of the Export-Import EUROPEAN BANK FOR RECONSTRUCTION AND for the Strategic Climate Fund by the Sec- Bank Act of 1945, as amended, not to exceed DEVELOPMENT retary of the Treasury, $100,000,000, to re- $58,000,000: Provided, That such costs, includ- main available until expended. LIMITATION ON CALLABLE CAPITAL ing the cost of modifying such loans, shall be SUBSCRIPTIONS as defined in section 502 of the Congressional GLOBAL AGRICULTURE AND FOOD SECURITY The United States Governor of the Euro- Budget Act of 1974: Provided further, That PROGRAM pean Bank for Reconstruction and Develop- such funds shall remain available until Sep- For payment to the Global Agriculture and ment may subscribe without fiscal year limi- tember 30, 2027, for the disbursement of di- Food Security Program by the Secretary of tation to the callable capital of the United rect loans, loan guarantees, insurance and the Treasury, $200,000,000, to remain avail- States share of such capital in an amount tied-aid grants obligated in fiscal years 2012, able until expended. not to exceed $1,252,331,952. 2013, 2014, and 2015: Provided further, That CONTRIBUTION TO THE INTER-AMERICAN none of the funds appropriated by this Act or CONTRIBUTION TO THE INTERNATIONAL FUND DEVELOPMENT BANK any prior Acts appropriating funds for the FOR AGRICULTURAL DEVELOPMENT Department of State, foreign operations, and For payment to the Inter-American Devel- For payment to the International Fund for related programs for tied-aid credits or opment Bank by the Secretary of the Treas- Agricultural Development by the Secretary grants may be used for any other purpose ex- ury for the United States share of the paid- of the Treasury, $30,000,000, to remain avail- cept through the regular notification proce- in portion of the increase in capital stock, able until expended. $25,000,000, to remain available until ex- dures of the Committees on Appropriations. TITLE VI pended. ADMINISTRATIVE EXPENSES EXPORT AND INVESTMENT ASSISTANCE For payment to the Inter-American Invest- For administrative expenses to carry out ment Corporation by the Secretary of the EXPORT-IMPORT BANK OF THE UNITED STATES the direct and guaranteed loan and insurance Treasury, $4,670,000, to remain available INSPECTOR GENERAL programs, including hire of passenger motor until expended. For necessary expenses of the Office of In- vehicles and services as authorized by 5 LIMITATION ON CALLABLE CAPITAL spector General in carrying out the provi- U.S.C. 3109, and not to exceed $30,000 for offi- SUBSCRIPTIONS sions of the Inspector General Act of 1978, as cial reception and representation expenses The United States Governor of the Inter- amended, $4,000,000, to remain available until for members of the Board of Directors, not to American Development Bank may subscribe September 30, 2013. exceed $89,900,000: Provided, That the Export-

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7491 Import Bank may accept, and use, payment gated in fiscal year 2014 remain available for Judiciary, and Related Agencies Appropria- or services provided by transaction partici- disbursement through 2022: Provided further, tions Act, 2005. pants for legal, financial, or technical serv- That notwithstanding any other provision of (b) Notwithstanding the prohibition in sub- ices in connection with any transaction for law, the Overseas Private Investment Cor- section (a), a project to construct a diplo- which an application for a loan, guarantee or poration is authorized to undertake any pro- matic facility of the United States may in- insurance commitment has been made: Pro- gram authorized by title IV of chapter 2 of clude office space or other accommodations vided further, That notwithstanding sub- part I of the Foreign Assistance Act of 1961 for members of the United States Marine section (b) of section 117 of the Export En- in Iraq: Provided further, That funds made Corps. hancement Act of 1992, subsection (a) thereof available pursuant to the authority of the (c) For the purposes of calculating the fis- shall remain in effect until October 1, 2012: previous proviso shall be subject to the reg- cal year 2012 costs of providing new United Provided further, That the Export-Import ular notification procedures of the Commit- States diplomatic facilities in accordance Bank shall charge fees for necessary ex- tees on Appropriations. with section 604(e) of the Secure Embassy penses (including special services performed In addition, such sums as may be necessary Construction and Counterterrorism Act of on a contract or fee basis, but not including for administrative expenses to carry out the 1999 (22 U.S.C. 4865 note), the Secretary of other personal services) in connection with credit program may be derived from amounts State, in consultation with the Director of the collection of moneys owed the Export- available for administrative expenses to the Office of Management and Budget, shall Import Bank, repossession or sale of pledged carry out the credit and insurance programs determine the annual program level and collateral or other assets acquired by the Ex- in the Overseas Private Investment Corpora- agency shares in a manner that is propor- port-Import Bank in satisfaction of moneys tion Noncredit Account and merged with tional to the Department of State’s con- owed the Export-Import Bank, or the inves- said account. tribution for this purpose. tigation or appraisal of any property, or the TRADE AND DEVELOPMENT AGENCY (d) Funds appropriated by this Act, and evaluation of the legal, financial, or tech- For necessary expenses to carry out the any prior Act making appropriations for the nical aspects of any transaction for which an provisions of section 661 of the Foreign As- Department of State, foreign operations, and application for a loan, guarantee or insur- sistance Act of 1961, $50,000,000, to remain related programs, which may be made avail- ance commitment has been made: Provided available until September 30, 2013: Provided, able for the acquisition of property for diplo- further, That, in addition to other funds ap- That of the funds appropriated under this matic facilities in Afghanistan, Pakistan, propriated for administrative expenses, such heading, not more than $4,000 may be avail- and Iraq, shall be subject to prior consulta- fees shall be credited to this account, to re- able for representation and entertainment tion with, and the regular notification proce- main available until expended. allowances. dures of, the Committees on Appropriations. RECEIPTS COLLECTED (e) Section 604(e)(1) of the Secure Embassy TITLE VII Construction and Counterterrorism Act of Receipts collected pursuant to the Export- GENERAL PROVISIONS 1999 (22 U.S.C. 4865 note) is amended by strik- Import Bank Act of 1945, as amended, and ALLOWANCES AND DIFFERENTIALS ing ‘‘providing new,’’ and inserting in its the Federal Credit Reform Act of 1990, as place ‘‘providing, maintaining, repairing, amended, in an amount not to exceed the SEC. 7001. Funds appropriated under title I and renovating’’. amount appropriated herein, shall be cred- of this Act shall be available, except as oth- ited as offsetting collections to this account: erwise provided, for allowances and differen- PERSONNEL ACTIONS Provided, That the sums herein appropriated tials as authorized by subchapter 59 of title SEC. 7005. Any costs incurred by a depart- from the General Fund shall be reduced on a 5, United States Code; for services as author- ment or agency funded under title I of this dollar-for-dollar basis by such offsetting col- ized by 5 U.S.C. 3109; and for hire of pas- Act resulting from personnel actions taken lections so as to result in a final fiscal year senger transportation pursuant to 31 U.S.C. in response to funding reductions included in appropriation from the General Fund esti- 1343(b). this Act shall be absorbed within the total mated at $0: Provided further, That amounts UNOBLIGATED BALANCES REPORT budgetary resources available under title I collected in fiscal year 2012 in excess of obli- SEC. 7002. Any department or agency of the to such department or agency: Provided, gations, up to $50,000,000, shall become avail- United States Government to which funds That the authority to transfer funds between able on September 1, 2012 and shall remain are appropriated or otherwise made available appropriations accounts as may be necessary available until September 30, 2015. by this Act shall provide to the Committees to carry out this section is provided in addi- OVERSEAS PRIVATE INVESTMENT CORPORATION on Appropriations a quarterly accounting of tion to authorities included elsewhere in this NONCREDIT ACCOUNT cumulative unobligated balances and obli- Act: Provided further, That use of funds to carry out this section shall be treated as a The Overseas Private Investment Corpora- gated, but unexpended, balances by program, reprogramming of funds under section 7015 of tion is authorized to make, without regard project, and activity, and Treasury Account this Act and shall not be available for obliga- to fiscal year limitations, as provided by 31 Fund Symbol of all expired and unexpired tion or expenditure except in compliance U.S.C. 9104, such expenditures and commit- funds received by such department or agency with the procedures set forth in that section. ments within the limits of funds available to in fiscal year 2012 or any previous fiscal year: it and in accordance with law as may be nec- Provided, That for the purposes of this sec- LOCAL GUARD CONTRACTS tion, obligated balances shall not include ob- essary: Provided, That the amount available SEC. 7006. In evaluating proposals for local for administrative expenses to carry out the ligations made through bilateral agreements guard contracts, the Secretary of State shall credit and insurance programs (including an unless further sub-obligated. award contracts in accordance with section amount for official reception and representa- CONSULTING SERVICES 136 of the Foreign Relations Authorization tion expenses which shall not exceed $35,000) SEC. 7003. The expenditure of any appro- Act, Fiscal Years 1990 and 1991 (22 U.S.C. shall not exceed $54,990,000: Provided further, priation under title I of this Act for any con- 4864), except that the Secretary may grant That project-specific transaction costs, in- sulting service through procurement con- authorization to award such contracts on the cluding direct and indirect costs incurred in tract, pursuant to 5 U.S.C. 3109, shall be lim- basis of best value as determined by a cost- claims settlements, and other direct costs ited to those contracts where such expendi- technical tradeoff analysis (as described in associated with services provided to specific tures are a matter of public record and avail- Federal Acquisition Regulation part 15.101) investors or potential investors pursuant to able for public inspection, except where oth- in Iraq, Afghanistan, and Pakistan, notwith- section 234 of the Foreign Assistance Act of erwise provided under existing law, or under standing subsection (c)(3) of such section: 1961, shall not be considered administrative existing Executive order issued pursuant to Provided, That the authority in this section expenses for the purposes of this heading. existing law. shall apply to any options for renewal that PROGRAM ACCOUNT EMBASSY CONSTRUCTION may be exercised under such contracts that are awarded during the current fiscal year: For the cost of direct and guaranteed SEC. 7004. (a) Of funds provided under title Provided further, That prior to issuing a so- loans, $29,000,000, as authorized by section 234 I of this Act, except as provided in sub- licitation for a contract to be awarded pursu- of the Foreign Assistance Act of 1961, to be section (b), a project to construct a diplo- ant to the authority under this section, the derived by transfer from the Overseas Pri- matic facility of the United States may not Secretary of State shall consult with the vate Investment Corporation Noncredit Ac- include office space or other accommoda- Committees on Appropriations. count: Provided, That such costs, including tions for an employee of a Federal agency or the cost of modifying such loans, shall be as department if the Secretary of State deter- PROHIBITION AGAINST DIRECT FUNDING FOR defined in section 502 of the Congressional mines that such department or agency has CERTAIN COUNTRIES Budget Act of 1974: Provided further, That not provided to the Department of State the SEC. 7007. None of the funds appropriated such sums shall be available for direct loan full amount of funding required by sub- or otherwise made available pursuant to ti- obligations and loan guaranty commitments section (e) of section 604 of the Secure Em- tles III through VI of this Act shall be obli- incurred or made during fiscal years 2012, bassy Construction and Counterterrorism gated or expended to finance directly any as- 2013, and 2014: Provided further, That funds so Act of 1999 (as enacted into law by section sistance or reparations for the governments obligated in fiscal year 2012 remain available 1000(a)(7) of Public Law 106–113 and contained of Cuba, North Korea, Iran, or Syria: Pro- for disbursement through 2020; funds obli- in appendix G of that Act; 113 Stat. 1501A– vided, That for purposes of this section, the gated in fiscal year 2013 remain available for 453), as amended by section 629 of the Depart- prohibition on obligations or expenditures disbursement through 2021; and funds obli- ments of Commerce, Justice, and State, the shall include direct loans, credits, insurance

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7492 CONGRESSIONAL RECORD — SENATE November 15, 2011 and guarantees of the Export-Import Bank strumentality of the United States Govern- payments or economic policy reform objec- or its agents. ment pursuant to section 632(b) of the For- tives, shall remain available for an addi- COUPS D’E´ TAT eign Assistance Act of 1961 valued in excess tional 4 years from the date on which the SEC. 7008. None of the funds appropriated of $1,000,000 and any agreement made pursu- availability of such funds would otherwise or otherwise made available pursuant to ti- ant to section 632(a) of such Act, with funds have expired, if such funds are initially allo- tles III through VI of this Act shall be obli- appropriated by this Act and prior Acts mak- cated or obligated before the expiration of gated or expended to finance directly any as- ing appropriations for the Department of their respective periods of availability con- sistance to the government of any country State, foreign operations, and related pro- tained in this Act. whose duly elected head of government is de- grams under the headings ‘‘Global Health LIMITATION ON ASSISTANCE TO COUNTRIES IN posed by military coup d’e´tat or decree, or a Programs’’, ‘‘Development Assistance’’, and DEFAULT coup d’e´tat or decree that is supported by ‘‘Economic Support Fund’’ shall be subject SEC. 7012. No part of any appropriation pro- the military: Provided, That assistance may to the regular notification procedures of the vided under titles III through VI in this Act be resumed to such government if the Presi- Committees on Appropriations: Provided, shall be used to furnish assistance to the dent determines and certifies to the Commit- That the requirement in the previous sen- government of any country which is in de- tees on Appropriations that subsequent to tence shall not apply to agreements entered fault during a period in excess of one cal- the termination of assistance a democrat- into between USAID and the Department of endar year in payment to the United States ically elected government has taken office: State. of principal or interest on any loan made to Provided further, That the provisions of this (d) TRANSFERS BETWEEN ACCOUNTS.—None the government of such country by the section shall not apply to assistance to proof the funds made available under titles II United States pursuant to a program for mote democratic elections or public partici- through V of this Act may be obligated which funds are appropriated under this Act pation in democratic processes: Provided fur- under an appropriation account to which unless the President determines, following ther, That funds made available pursuant to they were not appropriated, except for trans- consultations with the Committees on Ap- the previous provisos shall be subject to the fers specifically provided for in this Act, un- propriations, that assistance for such coun- regular notification procedures of the Com- less the President, not less than 5 days prior try is in the national interest of the United mittees on Appropriations. to the exercise of any authority contained in States. the Foreign Assistance Act of 1961 to trans- TRANSFER AUTHORITY PROHIBITION ON TAXATION OF UNITED STATES fer funds, consults with and provides a writ- ASSISTANCE SEC. 7009. (a) DEPARTMENT OF STATE AND ten policy justification to the Committees BROADCASTING BOARD OF GOVERNORS.— SEC. 7013. (a) PROHIBITION ON TAXATION.— on Appropriations. None of the funds appropriated under titles (1) Not to exceed 5 percent of any appro- (e) AUDIT OF INTER-AGENCY TRANSFERS.— III through VI of this Act may be made priation made available for the current fiscal Any agreement for the transfer or allocation available to provide assistance for a foreign year for the Department of State under title of funds appropriated by this Act, or prior country under a new bilateral agreement I of this Act may be transferred between Acts, entered into between the Department such appropriations, but no such appropria- governing the terms and conditions under of State or USAID and another agency of the which such assistance is to be provided un- tion, except as otherwise specifically pro- United States Government under the author- vided, shall be increased by more than 10 per- less such agreement includes a provision ity of section 632(a) of the Foreign Assist- stating that assistance provided by the cent by any such transfers. ance Act of 1961 or any comparable provision (2) Not to exceed 5 percent of any appro- United States shall be exempt from taxation, of law, shall expressly provide that the In- or reimbursed, by the foreign government, priation made available for the current fiscal spector General (IG) for the agency receiving year for the Broadcasting Board of Gov- and the Secretary of State shall expedi- the transfer or allocation of such funds, or tiously seek to negotiate amendments to ex- ernors under title I of this Act may be trans- other entity with audit responsibility if the isting bilateral agreements, as necessary, to ferred between such appropriations, but no receiving agency does not have an IG, shall conform with this requirement. such appropriation, except as otherwise spe- perform periodic program and financial au- (b) REIMBURSEMENT OF FOREIGN TAXES.— cifically provided, shall be increased by more dits of the use of such funds: Provided, That An amount equivalent to 200 percent of the than 10 percent by any such transfers. funds transferred under such authority may total taxes assessed during fiscal year 2011 (3) Any transfer pursuant to this section be made available for the cost of such audits. on funds appropriated by this Act by a for- shall be treated as a reprogramming of funds REPORTING REQUIREMENT eign government or entity against commod- under section 7015(a) and (b) of this Act and SEC. 7010. The Secretary of State shall pro- ities financed under United States assistance shall not be available for obligation or ex- vide the Committees on Appropriations, not programs for which funds are appropriated penditure except in compliance with the pro- later than April 1, 2012, and for each fiscal by this Act, either directly or through grant- cedures set forth in that section. quarter, a report in writing on the uses of ees, contractors and subcontractors shall be (b) EXPORT FINANCING TRANSFER AUTHORI- funds made available under the headings withheld from obligation from funds appro- TIES.—Not to exceed 5 percent of any appro- ‘‘Foreign Military Financing Program’’, priated for assistance for fiscal year 2012 and priation other than for administrative ex- allocated for the central government of such penses made available for fiscal year 2012, for ‘‘International Military Education and Training’’, ‘‘Peacekeeping Operations’’, and country and for the West Bank and Gaza pro- programs under title VI of this Act may be gram to the extent that the Secretary of transferred between such appropriations for ‘‘Pakistan Counter-Insurgency Fund’’: Pro- vided, That such report shall include a de- State certifies and reports in writing to the use for any of the purposes, programs, and Committees on Appropriations that such activities for which the funds in such receiv- scription of the obligation and expenditure of funds, and the specific country in receipt taxes have not been reimbursed to the Gov- ing account may be used, but no such appro- ernment of the United States. priation, except as otherwise specifically of, and the use or purpose of the assistance provided by such funds. (c) DE MINIMIS EXCEPTION.—Foreign taxes provided, shall be increased by more than 25 of a de minimis nature shall not be subject AVAILABILITY OF FUNDS percent by any such transfer: Provided, That to the provisions of subsection (b). the exercise of such authority shall be sub- SEC. 7011. No part of any appropriation (d) REPROGRAMMING OF FUNDS.—Funds ject to the regular notification procedures of contained in this Act shall remain available withheld from obligation for each country or the Committees on Appropriations. for obligation after the expiration of the cur- entity pursuant to subsection (b) shall be re- (c) LIMITATION ON TRANSFERS BETWEEN rent fiscal year unless expressly so provided programmed for assistance to countries AGENCIES.— in this Act: Provided, That funds appro- which do not assess taxes on United States (1) None of the funds made available under priated for the purposes of chapters 1, 8, 11, assistance or which have an effective ar- titles II through V of this Act may be trans- and 12 of part I, section 661, section 667, chap- rangement that is providing substantial referred to any department, agency, or instru- ters 4, 5, 6, 8, and 9 of part II of the Foreign imbursement of such taxes. mentality of the United States Government, Assistance Act of 1961, section 23 of the Arms (e) DETERMINATIONS.— except pursuant to a transfer made by, or Export Control Act, and funds provided (1) The provisions of this section shall not transfer authority provided in, this Act or under the headings ‘‘Assistance for Europe, apply to any country or entity the Secretary any other appropriation Act. Eurasia and Central Asia’’ and ‘‘Develop- of State determines— (2) Notwithstanding paragraph (1), in addi- ment Credit Authority’’, shall remain avail- (A) does not assess taxes on United States tion to transfers made by, or authorized else- able for an additional 4 years from the date assistance or which has an effective arrange- where in, this Act, funds appropriated by on which the availability of such funds ment that is providing substantial reim- this Act to carry out the purposes of the For- would otherwise have expired, if such funds bursement of such taxes; or eign Assistance Act of 1961 may be allocated are initially obligated before the expiration (B) the foreign policy interests of the or transferred to agencies of the United of their respective periods of availability United States outweigh the purpose of this States Government pursuant to the provi- contained in this Act: Provided further, That section to ensure that United States assist- sions of sections 109, 610, and 632 of the For- notwithstanding any other provision of this ance is not subject to taxation. eign Assistance Act of 1961. Act, any funds made available for the pur- (2) The Secretary of State shall consult (3) Any agreement entered into by the poses of chapter 1 of part I and chapter 4 of with the Committees on Appropriations at United States Agency for International De- part II of the Foreign Assistance Act of 1961 least 15 days prior to exercising the author- velopment (USAID) or the Department of which are allocated or obligated for cash dis- ity of this subsection with regard to any State with any department, agency, or in- bursements in order to address balance of country or entity.

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(f) IMPLEMENTATION.—The Secretary of (3) increases funds or personnel by any such activity, program, or project for the State shall issue rules, regulations, or policy means for any project or activity for which current fiscal year. guidance, as appropriate, to implement the funds have been denied or restricted; (d) Notwithstanding any other provision of prohibition against the taxation of assist- (4) relocates an office or employees; law, with the exception of funds transferred ance contained in this section. (5) closes or opens a mission or post; to, and merged with, funds appropriated (g) DEFINITIONS.—As used in this section— (6) creates, reorganizes, or renames bu- under title I of this Act, funds transferred by (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer reaus, centers, or offices; the Department of Defense to the Depart- to value added taxes and customs duties im- (7) reorganizes programs or activities; or ment of State and the United States Agency posed on commodities financed with United (8) contracts out or privatizes any func- for International Development for assistance States assistance for programs for which tions or activities presently performed by for foreign countries and international orga- funds are appropriated by this Act; and Federal employees; unless the Committees nizations, and funds made available for pro- (2) the term ‘‘bilateral agreement’’ refers on Appropriations are notified 15 days in ad- grams authorized by section 1206 of the Na- to a framework bilateral agreement between vance of such reprogramming of funds. tional Defense Authorization Act for Fiscal the Government of the United States and the (b) None of the funds provided under title Year 2006 (Public Law 109–163), shall be sub- government of the country receiving assist- I of this Act, or provided under previous ap- ject to the regular notification procedures of ance that describes the privileges and immu- propriations Acts to the agency or depart- the Committees on Appropriations. ment funded under title I of this Act that re- nities applicable to United States foreign as- (e) The requirements of this section or any main available for obligation or expenditure sistance for such country generally, or an in- similar provision of this Act or any other in fiscal year 2012, or provided from any ac- dividual agreement between the Government Act, including any prior Act requiring notifi- of the United States and such government counts in the Treasury of the United States derived by the collection of fees available to cation in accordance with the regular notifi- that describes, among other things, the cation procedures of the Committees on Ap- treatment for tax purposes that will be ac- the agency or department funded under title I of this Act, shall be available for obligation propriations, may be waived if failure to do corded the United States assistance provided so would pose a substantial risk to human under that agreement. or expenditure for activities, programs, or projects through a reprogramming of funds health or welfare: Provided, That in case of RESERVATIONS OF FUNDS in excess of $1,000,000 or 10 percent, which- any such waiver, notification to the Commit- SEC. 7014. (a) Funds appropriated under ti- ever is less, that: tees on Appropriations shall be provided as tles II through VI of this Act which are spe- (1) augments existing programs, projects, early as practicable, but in no event later cifically designated may be reprogrammed or activities; than 3 days after taking the action to which for other programs within the same account (2) reduces by 10 percent funding for any such notification requirement was applica- notwithstanding the designation if compli- existing program, project, or activity, or ble, in the context of the circumstances ne- ance with the designation is made impossible numbers of personnel by 10 percent as ap- cessitating such waiver: Provided further, by operation of any provision of this or any proved by Congress; or That any notification provided pursuant to other Act: Provided, That any such re- (3) results from any general savings, in- such a waiver shall contain an explanation of programming shall be subject to the regular cluding savings from a reduction in per- the emergency circumstances. notification procedures of the Committees sonnel, which would result in a change in ex- (f) None of the funds appropriated under tion Appropriations: Provided further, That as- isting programs, activities, or projects as ap- tles III through VI and VIII of this Act shall sistance that is reprogrammed pursuant to proved by Congress; unless the Committees be obligated or expended for assistance for this subsection shall be made available on Appropriations are notified 15 days in ad- Serbia, Sudan, South Sudan, Zimbabwe, Af- under the same terms and conditions as vance of such reprogramming of funds. ghanistan, Pakistan, Cuba, Iran, Haiti, originally provided. (c) None of the funds made available under Libya, Ethiopia, Nepal, Colombia, Burma, (b) In addition to the authority contained titles II through VI and VIII in this Act Yemen, Mexico, Kazakhstan, Uzbekistan, So- in subsection (a), the original period of avail- under the headings ‘‘Global Health Pro- malia, Sri Lanka, or Cambodia except as ability of funds appropriated by this Act and grams’’, ‘‘Development Assistance’’, ‘‘Inter- provided through the regular notification administered by the United States Agency national Organizations and Programs’’, procedures of the Committees on Appropria- for International Development (USAID) that ‘‘Trade and Development Agency’’, ‘‘Inter- tions. national Narcotics Control and Law Enforce- are specifically designated for particular NOTIFICATION ON EXCESS DEFENSE EQUIPMENT programs or activities by this or any other ment’’, ‘‘Assistance for Europe, Eurasia and Act shall be extended for an additional fiscal Central Asia’’, ‘‘Economic Support Fund’’, SEC. 7016. Prior to providing excess Depart- year if the USAID Administrator determines ‘‘Democracy Fund’’, ‘‘Peacekeeping Oper- ment of Defense articles in accordance with and reports promptly to the Committees on ations’’, ‘‘Capital Investment Fund’’, ‘‘Oper- section 516(a) of the Foreign Assistance Act Appropriations that the termination of as- ating Expenses’’, ‘‘Conflict Stabilization Op- of 1961, the Department of Defense shall no- sistance to a country or a significant change erations’’, ‘‘Office of Inspector General’’, tify the Committees on Appropriations to in circumstances makes it unlikely that ‘‘Nonproliferation, Anti-terrorism, Demining the same extent and under the same condi- such designated funds can be obligated dur- and Related Programs’’, ‘‘Millennium Chal- tions as other committees pursuant to sub- ing the original period of availability: Pro- lenge Corporation’’, ‘‘Global Security Con- section (f) of that section: Provided, That be- vided, That such designated funds that contingency Fund’’, ‘‘Foreign Military Financ- fore issuing a letter of offer to sell excess de- tinue to be available for an additional fiscal ing Program’’, ‘‘International Military Edu- fense articles under the Arms Export Control year shall be obligated only for the purpose cation and Training’’, ‘‘Pakistan Counter-In- Act, the Department of Defense shall notify of such designation. surgency Capability Fund’’, and ‘‘Peace the Committees on Appropriations in accord- (c) Ceilings and specifically designated Corps’’, shall be available for obligation for ance with the regular notification proce- funding levels contained in this Act shall not activities, programs, projects, type of mate- dures of such Committees if such defense ar- be applicable to funds or authorities appro- riel assistance, countries, or other oper- ticles are significant military equipment (as priated or otherwise made available by any ations not justified or in excess of the defined in section 47(9) of the Arms Export subsequent Act unless such Act specifically amount justified to the Committees on Ap- Control Act) or are valued (in terms of origi- so directs: Provided, That specifically des- propriations for obligation under any of nal acquisition cost) at $7,000,000 or more, or ignated funding levels or minimum funding these specific headings unless the Commit- if notification is required elsewhere in this requirements contained in any other Act tees on Appropriations are notified 15 days in Act for the use of appropriated funds for spe- shall not be applicable to funds appropriated advance: Provided, That the President shall cific countries that would receive such ex- by this Act. not enter into any commitment of funds ap- cess defense articles: Provided further, That propriated for the purposes of section 23 of such Committees shall also be informed of REPROGRAMMING NOTIFICATION REQUIREMENTS the Arms Export Control Act for the provi- the original acquisition cost of such defense SEC. 7015. (a) None of the funds made avail- sion of major defense equipment, other than articles. able in title I of this Act, or in prior appro- conventional ammunition, or other major priations Acts to the agencies and depart- defense items defined to be aircraft, ships, LIMITATION ON AVAILABILITY OF FUNDS FOR ments funded by this Act that remain avail- missiles, or combat vehicles, not previously INTERNATIONAL ORGANIZATIONS AND PROGRAMS able for obligation or expenditure in fiscal justified to Congress or 20 percent in excess SEC. 7017. Subject to the regular notifica- year 2012, or provided from any accounts in of the quantities justified to Congress unless tion procedures of the Committees on Appro- the Treasury of the United States derived by the Committees on Appropriations are noti- priations, funds appropriated under titles III the collection of fees or of currency reflows fied 15 days in advance of such commitment: through VI of this Act and prior Acts mak- or other offsetting collections, or made Provided further, That requirements of this ing appropriations for the Department of available by transfer, to the agencies and de- subsection or any similar provision of this or State, foreign operations, and related pro- partments funded by this Act, shall be avail- any other Act shall not apply to any re- grams, which are returned or not made available for obligation or expenditure through a programming for an activity, program, or able for organizations and programs because reprogramming of funds that: project for which funds are appropriated of the implementation of section 307(a) of (1) creates new programs; under titles II through IV of this Act of less the Foreign Assistance Act of 1961, shall re- (2) eliminates a program, project, or activ- than 10 percent of the amount previously main available for obligation until Sep- ity; justified to the Congress for obligation for tember 30, 2013.

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PROHIBITION ON FUNDING FOR ABORTIONS AND related programs, shall not be made avail- commitments for establishing or expanding INVOLUNTARY STERILIZATION able to any foreign government which the production of any commodity for export by SEC. 7018. None of the funds made available President determines— any country other than the United States, if to carry out part I of the Foreign Assistance (A) grants sanctuary from prosecution to the commodity is likely to be in surplus on Act of 1961, as amended, may be obligated or any individual or group which has com- world markets at the time the resulting pro- expended for any country or organization if mitted an act of international terrorism; or ductive capacity is expected to become oper- the President certifies that the use of such (B) otherwise supports international ter- ative and if the assistance will cause sub- funds by any such country or organization rorism. stantial injury to United States producers of would violate any provisions related to abor- (2) The President may waive the applica- the same, similar, or competing commodity: tions and involuntary sterilizations in section of paragraph (1) to a government if the Provided, That such prohibition shall not tion 104(f)(1), (2), and (3) of such Act. President determines that national security apply to the Export-Import Bank if in the or humanitarian reasons justify such waiver: judgment of its Board of Directors the bene- ALLOCATIONS Provided, That the President shall publish fits to industry and employment in the SEC. 7019. (a) Funds provided in this Act each such waiver in the Federal Register United States are likely to outweigh the in- shall be made available for programs and and, at least 15 days before the waiver takes jury to United States producers of the same, countries in the amounts contained in the effect, shall notify the Committees on Ap- similar, or competing commodity, and the respective tables included in the report ac- propriations of the waiver (including the jus- Chairman of the Board so notifies the Com- companying this Act. tification for the waiver) in accordance with mittees on Appropriations: Provided further, (b) For the purposes of implementing this the regular notification procedures of the That this subsection shall not prohibit— section and only with respect to the tables Committees on Appropriations. (1) activities in a country that is eligible included in the report accompanying this for assistance from the International Devel- Act, the Secretary of State, the Adminis- AUTHORIZATION REQUIREMENTS opment Association, is not eligible for assist- trator of the United States Agency for Inter- SEC. 7022. Funds appropriated by this Act, ance from the International Bank for Recon- national Development and the Broadcasting except funds appropriated under the heading struction and Development, and does not ex- Board of Governors, as appropriate, may pro- ‘‘Trade and Development Agency’’, may be port on a consistent basis the agricultural pose deviations to the amounts referenced in obligated and expended notwithstanding sec- commodity with respect to which assistance subsection (a), subject to the regular notifi- tion 10 of Public Law 91–672, section 15 of the is furnished; or cation procedures of the Committees on Ap- State Department Basic Authorities Act of (2) activities in a country the President de- propriations. 1956, section 313 of the Foreign Relations Au- thorization Act, Fiscal Years 1994 and 1995 termines is recovering from widespread con- PROHIBITION OF PAYMENT OF CERTAIN (Public Law 103–236), and section 504(a)(1) of flict, a humanitarian crisis, or a complex EXPENSES the National Security Act of 1947 (50 U.S.C. emergency. SEC. 7020. None of the funds appropriated 414(a)(1)). (b) None of the funds appropriated by this or otherwise made available by this Act or any other Act to carry out chapter 1 of DEFINITION OF PROGRAM, PROJECT, AND under the headings ‘‘International Military part I of the Foreign Assistance Act of 1961 ACTIVITY Education and Training’’ or ‘‘Foreign Mili- shall be available for any testing or breeding tary Financing Program’’ for Informational SEC. 7023. For the purpose of titles II feasibility study, variety improvement or in- Program activities or under the headings through VI of this Act ‘‘program, project, troduction, consultancy, publication, con- ‘‘Global Health Programs’’, ‘‘Development and activity’’ shall be defined at the appro- ference, or training in connection with the Assistance’’, and ‘‘Economic Support Fund’’ priations Act account level and shall include growth or production in a foreign country of may be obligated or expended to pay for— all appropriations and authorizations Acts an agricultural commodity for export which (1) alcoholic beverages; or funding directives, ceilings, and limitations would compete with a similar commodity (2) entertainment expenses for activities with the exception that for the following ac- grown or produced in the United States: Pro- that are substantially of a recreational char- counts: ‘‘Economic Support Fund’’ and ‘‘For- vided, That this subsection shall not pro- acter, including but not limited to entrance eign Military Financing Program’’, ‘‘prohibit— fees at sporting events, theatrical and musi- gram, project, and activity’’ shall also be (1) activities designed to increase food se- cal productions, and amusement parks. considered to include country, regional, and curity in developing countries where such central program level funding within each PROHIBITION ON ASSISTANCE TO GOVERNMENTS activities will not have a significant impact such account; for the development assistance SUPPORTING INTERNATIONAL TERRORISM on the export of agricultural commodities of accounts of the United States Agency for the United States; SEC. 7021. (a) LETHAL MILITARY EQUIPMENT International Development ‘‘program, (2) research activities intended primarily EXPORTS.— project, and activity’’ shall also be consid- to benefit American producers; (1) None of the funds appropriated or other- ered to include central, country, regional, wise made available by titles III through VI (3) activities in a country that is eligible and program level funding, either as: for assistance from the International Devel- of this Act may be available to any foreign (1) justified to the Congress; or government which provides lethal military opment Association, is not eligible for assist- (2) allocated by the executive branch in ac- ance from the International Bank for Recon- equipment to a country the government of cordance with a report, to be provided to the which the Secretary of State has determined struction and Development, and does not ex- Committees on Appropriations within 30 port on a consistent basis the agricultural supports international terrorism for pur- days of the enactment of this Act, as re- poses of section 6(j) of the Export Adminis- commodity with respect to which assistance quired by section 653(a) of the Foreign As- is furnished; or tration Act of 1979: Provided, That the prohi- sistance Act of 1961. bition under this section with respect to a (4) activities in a country the President de- AUTHORITIES FOR THE PEACE CORPS, INTER- foreign government shall terminate 12 termines is recovering from widespread con- AMERICAN FOUNDATION AND AFRICAN DEVEL- months after that government ceases to pro- flict, a humanitarian crisis, or a complex OPMENT FOUNDATION vide such military equipment: Provided fur- emergency. ther, That this section applies with respect SEC. 7024. Unless expressly provided to the SEPARATE ACCOUNTS to lethal military equipment provided under contrary, provisions of this or any other Act, SEC. 7026. (a) SEPARATE ACCOUNTS FOR a contract entered into after October 1, 1997. including provisions contained in prior Acts LOCAL CURRENCIES.— (2) Assistance restricted by paragraph (1) authorizing or making appropriations for the (1) If assistance is furnished to the govern- or any other similar provision of law, may be Department of State, foreign operations, and ment of a foreign country under chapters 1 furnished if the President determines that to related programs, shall not be construed to and 10 of part I or chapter 4 of part II of the do so is important to the national interests prohibit activities authorized by or con- Foreign Assistance Act of 1961 under agree- of the United States. ducted under the Peace Corps Act, the Inter- ments which result in the generation of local (3) Whenever the President makes a deter- American Foundation Act or the African De- currencies of that country, the Adminis- mination pursuant to paragraph (2), the velopment Foundation Act: Provided, That trator of the United States Agency for Inter- President shall submit to the Committees on the agency shall promptly report to the national Development (USAID) shall— Appropriations a report with respect to the Committees on Appropriations whenever it (A) require that local currencies be depos- furnishing of such assistance, including a de- is conducting activities or is proposing to ited in a separate account established by tailed explanation of the assistance to be conduct activities in a country for which as- that government; provided, the estimated dollar amount of sistance is prohibited. (B) enter into an agreement with that gov- such assistance, and an explanation of how COMMERCE, TRADE AND SURPLUS COMMODITIES ernment which sets forth— the assistance furthers United States na- SEC. 7025. (a) None of the funds appro- (i) the amount of the local currencies to be tional interests. priated or made available pursuant to titles generated; and (b) BILATERAL ASSISTANCE.— III through VI of this Act for direct assist- (ii) the terms and conditions under which (1) Funds appropriated for bilateral assistance and none of the funds otherwise made the currencies so deposited may be utilized, ance in titles III through VI of this Act and available to the Export-Import Bank and the consistent with this section; and funds appropriated under any such title in Overseas Private Investment Corporation (C) establish by agreement with that gov- prior acts making appropriations for the De- shall be obligated or expended to finance any ernment the responsibilities of USAID and partment of State, foreign operations, and loan, any assistance or any other financial that government to monitor and account for

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7495 deposits into and disbursements from the of the Foreign Assistance Act of 1961 (22 IV of the Executive Schedule under section separate account. U.S.C. 2151u) is amended by adding the fol- 5315 of title 5, United States Code, or while (2) USES OF LOCAL CURRENCIES.—As may be lowing new subsection at the end: any alternate United States executive direc- agreed upon with the foreign government, ‘‘(i)(1) Restrictions contained in this or tor to such institution is compensated by the local currencies deposited in a separate ac- any other Act with respect to assistance for institution at a rate in excess of the rate count pursuant to subsection (a), or an a country shall not be construed to restrict provided for an individual occupying a posi- equivalent amount of local currencies, shall assistance in support of programs of non- tion at level V of the Executive Schedule be used only— governmental organizations from— under section 5316 of title 5, United States (A) to carry out chapter 1 or 10 of part I or ‘‘(A) funds made available to carry out this Code. chapter 4 of part II of the Foreign Assistance chapter and chapters 10, 11, and 12 of part I (b) Of the funds appropriated under title V Act of 1961 (as the case may be), for such pur- and chapter 4 of part II; or of this Act that are available for payments poses as— ‘‘(B) funds made available for economic as- to international financial institutions, 10 (i) project and sector assistance activities; sistance activities under the Support for percent should not be obligated for any such or East European Democracy (SEED) Act of institution until the Secretary of the Treas- (ii) debt and deficit financing; or 1989 (22 U.S.C. 5401 et seq.). ury reports to the Committees on Appropria- (B) for the administrative requirements of ‘‘(2) The President shall submit to Con- tions that the institution is implementing the United States Government. gress, in accordance with section 634A, ad- effective practices to protect whistleblowers (3) PROGRAMMING ACCOUNTABILITY.—USAID vance notice of an intent to obligate funds (including the institution’s employees and shall take all necessary steps to ensure that under the authority of this subsection to fur- others affected by the institution’s oper- the equivalent of the local currencies dis- nish assistance in support of programs of ations) from retaliation for internal and law- bursed pursuant to subsection (a)(2)(A) from nongovernmental organizations. ful public disclosures, including— the separate account established pursuant to ‘‘(3) This subsection shall not apply— (1) best practices for legal burdens of proof; subsection (a)(1) are used for the purposes ‘‘(A) with respect to section 620A of this (2) access to independent adjudicative bod- agreed upon pursuant to subsection (a)(2). Act or any comparable provision of law pro- ies, including external arbitration based on (4) TERMINATION OF ASSISTANCE PRO- hibiting assistance to governments that sup- consensus selection and shared costs; GRAMS.—Upon termination of assistance to a port international terrorism; or (3) results that eliminate the effects of country under chapter 1 or 10 of part I or ‘‘(B) with respect to section 116 of this Act proven retaliation; and chapter 4 of part II of the Foreign Assistance or any comparable provision of law prohib- (4) a minimum of a 6-month statute of lim- Act of 1961 (as the case may be), any iting assistance to the government of a coun- itations for reporting retaliation. unencumbered balances of funds which re- try that violates internationally recognized (c) The Secretary of the Treasury shall in- main in a separate account established pur- human rights. struct the United States executive director suant to subsection (a) shall be disposed of ‘‘(4) Nothing in this subsection shall be of each international financial institution to for such purposes as may be agreed to by the construed to alter any existing statutory oppose any loan, grant, strategy or policy of government of that country and the United prohibitions against abortion or involuntary such institution that would require user fees States Government. sterilization contained in this or any other or service charges on poor people for primary (5) REPORTING REQUIREMENT.—The USAID Act.’’. education or primary healthcare, including Administrator shall report on an annual (b) PUBLIC LAW 480.—During fiscal year prevention, care and treatment for HIV/ basis as part of the justification documents 2012, restrictions contained in this or any AIDS, malaria, tuberculosis, and infant, submitted to the Committees on Appropria- other Act with respect to assistance for a child, and maternal health, in connection tions on the use of local currencies for the country shall not be construed to restrict as- with such institution’s financing programs. administrative requirements of the United sistance under the Food for Peace Act (Pub- (d) The Secretary of the Treasury shall in- States Government as authorized in sub- lic Law 83–480, as amended): Provided, That struct the United States Executive Director section (a)(2)(B), and such report shall in- none of the funds appropriated to carry out of the International Monetary Fund (the clude the amount of local currency (and title I of such Act and made available pursu- Fund) to use the voice and vote of the United United States dollar equivalent) used and/or ant to this subsection may be obligated or States to oppose any loan, project, agree- to be used for such purpose in each applica- expended except as provided through the reg- ment, memorandum, instrument, plan, or ble country. ular notification procedures of the Commit- other program of the Fund to a Heavily In- (b) SEPARATE ACCOUNTS FOR CASH TRANS- tees on Appropriations. debted Poor Country that imposes budget FERS.— IMPACT ON JOBS IN THE UNITED STATES (1) If assistance is made available to the caps or restraints that do not allow the government of a foreign country, under SEC. 7028. None of the funds appropriated maintenance of or an increase in govern- chapter 1 or 10 of part I or chapter 4 of part under titles III through VI of this Act may mental spending on healthcare or education; II of the Foreign Assistance Act of 1961, as be obligated or expended to provide— and to promote government spending on cash transfer assistance or as nonproject sec- (1) any financial incentive to a business en- healthcare, education, agriculture and food tor assistance, that country shall be required terprise currently located in the United security, or other critical safety net pro- to maintain such funds in a separate account States for the purpose of inducing such an grams in all of the Fund’s activities with re- and not commingle them with any other enterprise to relocate outside the United spect to Heavily Indebted Poor Countries. funds. States if such incentive or inducement is (e) The Secretary of the Treasury shall in- (2) APPLICABILITY OF OTHER PROVISIONS OF likely to reduce the number of employees of struct the United States executive directors LAW.—Such funds may be obligated and ex- such business enterprise in the United States of the international financial institutions to pended notwithstanding provisions of law because United States production is being reuse the voice and vote of the United States which are inconsistent with the nature of placed by such enterprise outside the United to oppose any assistance by such institu- this assistance including provisions which States; or tions, using funds appropriated or made are referenced in the Joint Explanatory (2) assistance for any program, project, or available pursuant to titles III through VI of Statement of the Committee of Conference activity that contributes to the violation of this Act, for the production or extraction of accompanying House Joint Resolution 648 internationally recognized workers rights, as any commodity or mineral for export, if it is (House Report No. 98–1159). defined in section 507(4) of the Trade Act of in surplus on world markets and if the as- (3) NOTIFICATION.—At least 15 days prior to 1974, of workers in the recipient country, in- sistance will cause substantial injury to obligating any such cash transfer or non- cluding any designated zone or area in that United States producers of the same, similar, project sector assistance, the President shall country: Provided, That the application of or competing commodity. submit a notification through the regular section 507(4)(D) and (E) of such Act should (f) For the purposes of this Act ‘‘inter- notification procedures of the Committees be commensurate with the level of develop- national financial institutions’’ shall mean on Appropriations, which shall include a de- ment of the recipient country and sector, the International Bank for Reconstruction tailed description of how the funds proposed and shall not preclude assistance for the in- and Development, the International Develop- to be made available will be used, with a dis- formal sector in such country, micro and ment Association, the International Finance cussion of the United States interests that small-scale enterprise, and smallholder agri- Corporation, the Inter-American Develop- will be served by the assistance (including, culture. ment Bank, the International Monetary as appropriate, a description of the economic INTERNATIONAL FINANCIAL INSTITUTIONS Fund, the Asian Development Bank, the Asian Development Fund, the Inter-Amer- policy reforms that will be promoted by such SEC. 7029. (a) None of the funds appro- assistance). priated under title V of this Act may be ican Investment Corporation, the North (4) EXEMPTION.—Nonproject sector assist- made as payment to any international finan- American Development Bank, the European ance funds may be exempt from the require- cial institution while the United States exec- Bank for Reconstruction and Development, ments of subsection (b)(1) only through the utive director to such institution is com- the African Development Bank and the Afri- regular notification procedures of the Com- pensated by the institution at a rate which, can Development Fund. mittees on Appropriations. together with whatever compensation such DEBT-FOR-DEVELOPMENT ELIGIBILITY FOR ASSISTANCE executive director receives from the United SEC. 7030. In order to enhance the contin- SEC. 7027. (a) ASSISTANCE THROUGH NON- States, is in excess of the rate provided for ued participation of nongovernmental orga- GOVERNMENTAL ORGANIZATIONS.—Section 123 an individual occupying a position at level nizations in debt-for-development and debt-

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for-nature exchanges, a nongovernmental or- (d) DEBTOR CONSULTATIONS.—Before the (2) in section 599E (8 U.S.C. 1255 note) in ganization which is a grantee or contractor sale to any eligible purchaser, or any reduc- subsection (b)(2), by striking ‘‘2011’’ and in- of the United States Agency for Inter- tion or cancellation pursuant to this section, serting ‘‘2012’’. national Development may place in interest of any loan made to an eligible country, the (f) WORLD FOOD PROGRAM.—Funds managed bearing accounts local currencies which ac- President should consult with the country by the Bureau for Democracy, Conflict, and crue to that organization as a result of eco- concerning the amount of loans to be sold, Humanitarian Assistance, USAID, from this nomic assistance provided under title III of reduced, or canceled and their uses for debt- or any other Act, shall be made available as this Act and, subject to the regular notifica- for-equity swaps, debt-for-development a general contribution to the World Food tion procedures of the Committees on Appro- swaps, or debt-for-nature swaps. Program, notwithstanding any other provi- priations, any interest earned on such in- (e) AVAILABILITY OF FUNDS.—The authority sion of law. vestment shall be used for the purpose for provided by subsection (a) may be used only (g) DISARMAMENT, DEMOBILIZATION AND RE- which the assistance was provided to that or- with regard to funds appropriated by this INTEGRATION.—Notwithstanding any other ganization. Act under the heading ‘‘Debt Restruc- provision of law, regulation or Executive turing’’. order, funds appropriated by this Act and AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SPECIAL PROVISIONS prior Acts making appropriations for the De- SALES SEC. 7032. (a) AFGHANISTAN, PAKISTAN, partment of State, foreign operations, and SEC. 7031. (a) LOANS ELIGIBLE FOR SALE, IRAQ, LEBANON, VICTIMS OF WAR, DISPLACED related programs under the headings ‘‘Eco- REDUCTION, OR CANCELLATION.— CHILDREN, AND DISPLACED BURMESE.—Funds nomic Support Fund’’, ‘‘Peacekeeping Oper- (1) AUTHORITY TO SELL, REDUCE, OR CANCEL appropriated under titles III through VI of ations’’, ‘‘International Disaster Assist- CERTAIN LOANS.—Notwithstanding any other this Act that are made available for assistance’’, and ‘‘Transition Initiatives’’ should provision of law, the President may, in ac- ance for Afghanistan may be made available be made available to support programs to cordance with this section, sell to any eligi- notwithstanding section 7012 of this Act or disarm, demobilize, and reintegrate into ci- ble purchaser any concessional loan or por- any similar provision of law and section 660 vilian society former members of foreign ter- tion thereof made before January 1, 1995, of the Foreign Assistance Act of 1961, and rorist organizations: Provided, That the Sec- pursuant to the Foreign Assistance Act of funds appropriated under titles III and VI of retary of State shall consult with the Com- 1961, to the government of any eligible coun- this Act that are made available for assist- mittees on Appropriations prior to the obli- try as defined in section 702(6) of that Act or ance for Pakistan, Iraq, and Lebanon and for gation of funds pursuant to this subsection: on receipt of payment from an eligible pur- victims of war, displaced children, displaced Provided further, That for the purposes of this chaser, reduce or cancel such loan or portion Burmese, and to assist victims of trafficking subsection the term ‘‘foreign terrorist orga- thereof, only for the purpose of facilitating— in persons and, subject to the regular notifi- nization’’ means an organization designated (A) debt-for-equity swaps, debt-for-develop- cation procedures of the Committees on Ap- as a terrorist organization under section 219 ment swaps, or debt-for-nature swaps; or propriations, to combat such trafficking, of the Immigration and Nationality Act. (B) a debt buyback by an eligible country may be made available notwithstanding any (h) CONTINGENCIES.—During fiscal year of its own qualified debt, only if the eligible other provision of law except section 620M of 2012, the President may use up to $75,000,000 country uses an additional amount of the the Foreign Assistance Act, as amended by under the authority of section 451 of the For- local currency of the eligible country, equal this Act. eign Assistance Act of 1961, notwithstanding to not less than 40 percent of the price paid (b) WAIVER.— any other provision of law. for such debt by such eligible country, or the (1) The President may waive the provisions (i) CONSOLIDATION OF REPORTS.—The Sec- difference between the price paid for such of section 1003 of Public Law 100–204 if the retary of State, in coordination with the debt and the face value of such debt, to sup- President determines and certifies in writing USAID Administrator, shall submit to the port activities that link conservation and to the President pro tempore of the Senate, Committees on Appropriations not later sustainable use of natural resources with the Speaker of the House of Representatives, than 90 days after enactment of this Act rec- local community development, and child sur- and the Committees on Appropriations that ommendations for the consolidation or com- vival and other child development, in a man- it is important to the national security in- bination of reports (including plans and ner consistent with sections 707 through 710 terests of the United States. strategies) that are called for by any provi- of the Foreign Assistance Act of 1961, if the (2) PERIOD OF APPLICATION OF WAIVER.—Any sion of law to be submitted to the Congress sale, reduction, or cancellation would not waiver pursuant to paragraph (1) shall be ef- and that are substantially duplicative of oth- contravene any term or condition of any fective for no more than a period of 6 months ers called for by any other provision of law: prior agreement relating to such loan. at a time and shall not apply beyond 12 Provided, That reports are considered ‘‘sub- (2) TERMS AND CONDITIONS.—Notwith- months after the enactment of this Act. stantially duplicative’’ if they are required standing any other provision of law, the (3) Not later than 30 days after enactment to address at least more than half of the President shall, in accordance with this sec- of this Act, the Secretary of State shall sub- same substantive factors, criteria and issues tion, establish the terms and conditions mit to the Committees on Appropriations that are required to be addressed by any under which loans may be sold, reduced, or specific recommendations on appropriate ac- other report, and any such consolidated re- canceled pursuant to this section. tions to be taken with respect to the Pal- port must address all the substantive fac- (3) ADMINISTRATION.—The Facility, as de- estine Liberation Organization’s status in tors, criteria and issues required to be ad- fined in section 702(8) of the Foreign Assist- the United States, especially about the clos- dressed in each of the individual reports: Pro- ance Act of 1961, shall notify the adminis- ing of its office, if Palestine seeks to become vided further, That reports affected by this trator of the agency primarily responsible a member or non-member state of the United subsection are those within the purview of, for administering part I of the Foreign As- Nations outside an agreement negotiated be- or prepared primarily by, the Department of sistance Act of 1961 of purchasers that the tween Israel and the Palestinians. State and USAID and that relate to matters (c) SMALL BUSINESS.—In entering into mul- President has determined to be eligible, and addressed under this Act or any other Act tiple award indefinite-quantity contracts shall direct such agency to carry out the authorizing or appropriating funds for use with funds appropriated by this Act, the sale, reduction, or cancellation of a loan pur- by, or actions of, the Department of State or United States Agency for International De- suant to this section: Provided, That such USAID. velopment (USAID) may provide an excep- (j) PROMOTION OF DEMOCRACY.— agency shall make adjustment in its action to the fair opportunity process for plac- (1) Funds made available by this Act that counts to reflect the sale, reduction, or can- ing task orders under such contracts when are made available for the promotion of de- cellation. the order is placed with any category of mocracy may be made available notwith- (4) LIMITATION.—The authorities of this small or small disadvantaged business. standing any other provision of law, and subsection shall be available only to the ex- (d) RECONSTITUTING CIVILIAN POLICE AU- tent that appropriations for the cost of the THORITY.—In providing assistance with funds with regard to the National Endowment for modification, as defined in section 502 of the appropriated by this Act under section Democracy, any regulation. Congressional Budget Act of 1974, are made 660(b)(6) of the Foreign Assistance Act of (2) For the purposes of funds appropriated in advance. 1961, support for a nation emerging from in- by this Act, the term ‘‘promotion of democ- (b) DEPOSIT OF PROCEEDS.—The proceeds stability may be deemed to mean support for racy’’ means programs that support good from the sale, reduction, or cancellation of regional, district, municipal, or other sub- governance, human rights, independent any loan sold, reduced, or canceled pursuant national entity emerging from instability, as media, and the rule of law, and otherwise to this section shall be deposited in the well as a nation emerging from instability. strengthen the capacity of democratic polit- United States Government account or ac- (e) EXTENSION OF AUTHORITY.—The Foreign ical parties, governments, nongovernmental counts established for the repayment of such Operations, Export Financing, and Related organizations and institutions, and citizens loan. Programs Appropriations Act, 1990 (Public to support the development of democratic (c) ELIGIBLE PURCHASERS.—A loan may be Law 101–167) is amended— states, institutions, and practices that are sold pursuant to subsection (a)(1)(A) only to (1) In section 599D (8 U.S.C. 1157 note)— responsive and accountable to citizens. a purchaser who presents plans satisfactory (A) in subsection (b)(3), by striking ‘‘and (3) With respect to the provision of assist- to the President for using the loan for the 2011’’ and inserting ‘‘2011, and 2012’’; and ance for democracy, human rights and gov- purpose of engaging in debt-for-equity swaps, (B) in subsection (e), by striking ‘‘June 1, ernance activities in this Act, the organiza- debt-for-development swaps, or debt-for-na- 2011’’ each place it appears and inserting tions implementing such assistance and the ture swaps. ‘‘October 1, 2012’’; and specific nature of that assistance shall not

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7497 be subject to the prior approval by the gov- work for officials of a diplomatic mission or (A) in paragraph (1), by inserting ‘‘to posi- ernment of any foreign country. international organization, the Secretary tions in the Response Readiness Corps,’’ be- (4) Of the funds appropriated under the shall consider whether a final court judg- fore ‘‘or to posts vacated’’; and heading ‘‘Economic Support Fund’’, up to ment has been issued against a current or (B) in paragraph (2), by striking ‘‘2011’’ and $25,000,000 shall be made available to the Bu- former employee of such mission or organi- inserting in lieu thereof ‘‘2013’’. reau of Democracy, Human Rights and Labor zation (and the time period for a final appeal (3) Section 625 of the Foreign Assistance for programs to promote human rights by ex- has expired) or whether the Department of Act of 1961 (22 U.S.C. 2385) is amended in sub- panding open and uncensored access to infor- State has requested that immunity of indi- section (j)(1)— mation and communication through the vidual diplomats or family members be (A) in subparagraph (A), by inserting ‘‘to Internet, mobile phones, and other connec- waived to permit criminal prosecution: Pro- positions in the Response Readiness Corps,’’ tion technologies including digital safety vided further, That the Secretary should con- before ‘‘or to posts vacated’’; and training, policy and advocacy, and the devel- tinue to assist in obtaining payment of final (B) in subparagraph (B), by striking ‘‘2011’’ opment of circumvention and secure commu- court judgments awarded to A–3 and G–5 visa and inserting in lieu thereof ‘‘2013’’. nication technologies, as identified in the holders, including encouraging the sending (r) INCENTIVES FOR CRITICAL POSTS.—The Department of State’s Internet freedom states to provide compensation directly to authority contained in section 1115(d) of strategy: Provided, That funds made avail- victims: Provided further, That the Secretary Public Law 111–32 shall remain in effect able by this section should be matched by shall include, in a manner the Secretary through fiscal year 2012. sources other than the United States Gov- deems appropriate, all trafficking cases in- (s) REPORTS REPEALED.—Section 4(b) of volving A–3 or G–5 visa holders in the Traf- ernment, as appropriate: Provided further, Public Law 79–264; section 51(a)(2) of Public ficking in Persons annual report for which a That the Secretary of State shall coordinate Law 84–885; sections 133(d), 620C(c) and final civil judgment has been issued (and the the uses of circumvention and secure com- 620F(c) of Public Law 87–195; section 807 of time period for final appeal has expired) or munications technologies with the Adminis- Public Law 98–164; section 704(c) of Public the Department of Justice has determined Law 101–179; section 104 of Public Law 102– trator of the United States Agency for Inter- that the United States Government would national Development (USAID) and the 511; section 560(g) of Public Law 103–87; sec- seek to indict the diplomat or a family mem- tions 514(a) and 527(f) of Public Law 103–236; Broadcasting Board of Governors, as appro- ber but for diplomatic immunity. section 605(c) of Appendix G, Public Law 106– priate: Provided further, That the circumven- (o) MODIFICATION OF AMENDMENT.—Section 113; sections 3203 and 3204(f) of division B of tion technologies and programs supported by 620J of the Foreign Assistance Act of 1961 Public Law 106–246; section 564(g)(4) of Public funds made available by this Act, Public Law (Limitation on Assistance to Security Law 106–429; section 304(f) of Public Law 107– 111–117 or Public Law 112–10 shall undergo a Forces) is amended as follows: 173; sections 694(a), 694(b), 702, 704 and 1321 of peer review, to include an assessment of the (1) by redesignating the section as section Public Law 107–228; and section 409(c) of Pub- protection against such technologies being 620M; lic Law 108–447 are hereby repealed. used for illicit purposes, including to further (2) in subsection (a), by striking ‘‘evi- (t) FEE.—Section 1(b)(2) of the Passport the communications capabilities of extrem- dence’’ and inserting ‘‘information’’ and by Act of June 4, 1920 (22 U.S.C. 214(b)(2)) is ist groups or their supporters: Provided fur- striking ‘‘gross violations’’ and inserting ‘‘a amended by striking ‘‘2011’’ and inserting in- ther, That prior to the obligation of funds, gross violation’’; stead ‘‘2012’’. the Secretary of State shall submit to the (3) in subsection (b), by striking ‘‘meas- (u) CONFLICT STABILIZATION OPERATIONS Committees on Appropriations a report de- ures’’ and inserting ‘‘steps’’; and AUTHORITY.—Of the funds appropriated in tailing planned expenditures of funds made (4) by adding the following subsections: title I of this Act under the heading ‘‘Diplo- available for activities to promote Internet ‘‘(d) CREDIBLE INFORMATION.—Not later matic and Consular Programs’’, up to freedom: Provided further, That not later than 180 days after the enactment of this $35,000,000, to remain available until ex- than September 30, 2012, the Secretary of section, the Secretary shall establish, and pended, may be made available pursuant to State, in coordination with the USAID Ad- periodically update, procedures to— the authorities under the heading ‘‘Civilian ministrator, shall submit a report to the ‘‘(1) ensure that for each country the De- Stabilization Initiative’’ in title I of division Committees on Appropriations listing pro- partment of State has a current list of all se- F of Public Law 111–117: Provided, That the grams supported by the Department of State curity force units receiving United States third and fourth proviso under such heading and USAID to promote Internet freedom, in- training, equipment, or other types of assist- shall not apply to funds made available cluding an assessment of the results of such ance; under this subsection. programs, and detailing how such programs ‘‘(2) facilitate receipt by the Department of (v) TRANSFER OF AUTHORITY.— further, and are coordinated with cyber di- State and United States embassies of infor- (1) The State Department Basic Authori- plomacy and the United States International mation from individuals and organizations ties Act of 1956 is amended in section 1(c)(1) Strategy for Cyberspace. outside the United States Government about (22 U.S.C. 2651a(c)(1)) by striking ‘‘24’’ and in- (k) ACCOUNTABILITY REVIEW BOARDS.—The gross violations of human rights by security serting instead ‘‘26’’. authority provided by section 301(a)(3) of the force units; (2) The Secretary of State may transfer Omnibus Diplomatic Security and ‘‘(3) routinely request and obtain such in- any authority, duty, or function assigned by Antiterrorism Act of 1986 (22 U.S.C. formation from the Department of Defense, statute to the Coordinator for Counterter- 4831(a)(3)) shall remain in effect through Sep- the Central Intelligence Agency, and other rorism, the Coordinator for Reconstruction tember 30, 2012. United States Government sources; and Stabilization, or the Coordinator for (l) PARTNER VETTING.—The provisions of ‘‘(4) ensure that such information is evalu- International Energy Affairs (or to their re- section 7034(o) of division F of Public Law ated and preserved; spective offices) to such other officials or of- 111–117 shall remain in effect through fiscal ‘‘(5) ensure that when vetting an individual fices of the Department of State as the Sec- year 2012. for eligibility to receive United States train- retary may determine from time to time, (m) MOTOR VEHICLE POLLUTION CONTROL.— ing the individual’s unit is also vetted; following consultation with the Committees Not later than 90 days after enactment of ‘‘(6) seek to identify the unit involved on Appropriations. this Act, the head of each United States Gov- when credible information of a gross viola- (w) COUNTRY EXPENDITURES.—Except to re- ernment agency that receives funds appro- tion exists but the identity of the unit is spond to humanitarian crises or natural or priated by this Act shall establish a policy to lacking; and man-made disasters, or to promote democ- eliminate unnecessary idling of motor vehi- ‘‘(7) make publicly available, to the max- racy or protect human rights, funds appro- cles owned or leased by such department or imum extent practicable, the identity of priated under the headings ‘‘Global Health agency, and provide a copy of such policy to those units for which the Secretary has cred- Programs’’, ‘‘Development Assistance’’, the Committees on Appropriations including ible information. ‘‘Economic Support Fund’’, ‘‘Millennium an estimate of the amount of annual fuel ‘‘(e) REPORT.—The Secretary shall provide Challenge Corporation’’, and ‘‘International savings that will result from such policy: a copy of the procedures to the Committees Narcotics Control and Law Enforcement’’ Provided, That such policy may include ex- on Appropriations.’’ shall not be made available for programs and ceptions to accommodate important secu- (p) SECTIONS REPEALED.—Sections 494, 495, activities in any country whose government rity, health, or safety concerns, and if nec- and 495B through 495K of the Foreign Assist- is not increasing its own budgetary expendi- essary to perform an important job function, ance Act of 1961 are hereby repealed. tures for such programs and activities. ensure safe operating conditions, or to oper- (q) ANNUITANT WAIVER.— (x) PERSONNEL.—The authority provided by ate a motor vehicle in accordance with man- (1) Section 824 of the Foreign Service Act section 1113 of Public Law 111–32 shall re- ufacturer specifications. of 1980 (22 U.S.C. 4064) is amended in sub- main in effect through fiscal year 2012: Pro- (n) PROTECTIONS AND REMEDIES FOR EM- section (g)— vided, That none of the funds appropriated or PLOYEES OF DIPLOMATIC MISSIONS AND INTER- (A) in paragraph (1)(B), by inserting ‘‘to otherwise made available by this Act or any NATIONAL ORGANIZATIONS.—The Secretary of positions in the Response Readiness Corps,’’ other Act making appropriations for the De- State shall implement section 203(a)(2) of the before ‘‘or to posts vacated’’; and partment of State, foreign operations, and William Wilberforce Trafficking Victims (B) in paragraph (2), by striking ‘‘2011’’ and related programs may be used to implement Protection Reauthorization Act of 2008 (Pub- inserting in lieu thereof ‘‘2013’’. phase 3 of such authority. lic Law 110–457): Provided, That in deter- (2) Section 61 of the State Department (y) INTERNATIONAL CHILD ABDUCTIONS.—The mining whether to suspend the issuance of Basic Authorities Act of 1956 (22 U.S.C. 2733) Secretary of State may withhold funds ap- A–3 or G–5 visas to applicants seeking to is amended in subsection (a)— propriated by this Act under the heading

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7498 CONGRESSIONAL RECORD — SENATE November 15, 2011 ‘‘Economic Support Fund’’ for assistance for (E) a framework for achieving a just settle- tivity nor, with respect to private entities or the central government of any country that ment of the refugee problem. educational institutions, those that have as the Secretary determines is not taking ap- (b) SENSE OF CONGRESS.—It is the sense of a principal officer of the entity’s governing propriate steps to comply with the Conven- Congress that the governing entity should board or governing board of trustees any in- tion on the Civil Aspects of International enact a constitution assuring the rule of law, dividual that has been determined to be in- Child Abductions, done at the Hague on Oc- an independent judiciary, and respect for volved in, or advocating terrorist activity or tober 25, 1980: Provided, That the Secretary human rights for its citizens, and should determined to be a member of a designated shall report to the Committees on Appro- enact other laws and regulations assuring foreign terrorist organization: Provided, That priations within 15 days of making any such transparent and accountable governance. the Secretary of State shall, as appropriate, determination. (c) WAIVER.—The President may waive sub- establish procedures specifying the steps to ARAB LEAGUE BOYCOTT OF ISRAEL section (a) if the President determines that be taken in carrying out this subsection and it is important to the national security in- shall terminate assistance to any individual, SEC. 7033. It is the sense of the Congress terests of the United States to do so. entity, or educational institution which the that— (d) EXEMPTION.—The restriction in sub- Secretary has determined to be involved in (1) the Arab League boycott of Israel, and section (a) shall not apply to assistance in- or advocating terrorist activity. the secondary boycott of American firms tended to help reform the Palestinian Au- (c) PROHIBITION.— that have commercial ties with Israel, is an thority and affiliated institutions, or the (1) None of the funds appropriated under ti- impediment to peace in the region and to governing entity, in order to help meet the tles III through VI of this Act for assistance United States investment and trade in the requirements of subsection (a), consistent under the West Bank and Gaza Program may Middle East and North Africa; with the provisions of section 7038 of this Act be made available for the purpose of recog- (2) the Arab League boycott, which was re- (‘‘Limitation on Assistance for the Pales- nizing or otherwise honoring individuals who grettably reinstated in 1997, should be imme- tinian Authority’’). commit, or have committed acts of ter- diately and publicly terminated, and the RESTRICTIONS CONCERNING THE PALESTINIAN rorism. Central Office for the Boycott of Israel im- AUTHORITY (2) Notwithstanding any other provision of mediately disbanded; law, none of the funds made available by this SEC. 7035. None of the funds appropriated (3) all Arab League states should normalize or prior appropriations act, including funds relations with their neighbor Israel; under titles II through VI of this Act may be obligated or expended to create in any part made available by transfer, may be made (4) the President and the Secretary of available for obligation for security assist- State should continue to vigorously oppose of Jerusalem a new office of any department or agency of the United States Government ance for the West Bank and Gaza until the the Arab League boycott of Israel and find Secretary of State reports to the Commit- concrete steps to demonstrate that opposi- for the purpose of conducting official United States Government business with the Pales- tees on Appropriations on the benchmarks tion by, for example, taking into consider- that have been established for security as- ation the participation of any recipient tinian Authority over Gaza and Jericho or any successor Palestinian governing entity sistance for the West Bank and Gaza and re- country in the boycott when determining to ports on the extent of Palestinian compli- sell weapons to said country; and provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction ance with such benchmarks. (5) the President should report to Congress (d) AUDITS.— shall not apply to the acquisition of addi- annually on specific steps being taken by the (1) The Administrator of the United States tional space for the existing Consulate Gen- United States to encourage Arab League Agency for International Development shall eral in Jerusalem: Provided further, That states to normalize their relations with ensure that Federal or non-Federal audits of meetings between officers and employees of Israel to bring about the termination of the all contractors and grantees, and significant the United States and officials of the Pales- Arab League boycott of Israel, including subcontractors and sub-grantees, under the tinian Authority, or any successor Pales- those to encourage allies and trading part- West Bank and Gaza Program, are conducted tinian governing entity provided for in the ners of the United States to enact laws pro- at least on an annual basis to ensure, among Israel-PLO Declaration of Principles, for the hibiting businesses from complying with the other things, compliance with this section. purpose of conducting official United States boycott and penalizing businesses that do (2) Of the funds appropriated by this Act up Government business with such authority comply. to $500,000 may be used by the Office of In- should continue to take place in locations PALESTINIAN STATEHOOD spector General of the United States Agency other than Jerusalem: Provided further, That for International Development for audits, in- SEC. 7034. (a) LIMITATION ON ASSISTANCE.— as has been true in the past, officers and em- spections, and other activities in furtherance None of the funds appropriated under titles ployees of the United States Government of the requirements of this subsection: Pro- III through VI of this Act may be provided to may continue to meet in Jerusalem on other vided, That such funds are in addition to support a Palestinian state unless the Sec- subjects with Palestinians (including those funds otherwise available for such purposes. retary of State determines and certifies to who now occupy positions in the Palestinian (e) Subsequent to the certification speci- the appropriate congressional committees Authority), have social contacts, and have fied in subsection (a), the Comptroller Gen- that— incidental discussions. (1) the governing entity of a new Pales- eral of the United States shall conduct an PROHIBITION ON ASSISTANCE TO THE audit and an investigation of the treatment, tinian state— PALESTINIAN BROADCASTING CORPORATION (A) has demonstrated a firm commitment handling, and uses of all funds for the bilat- to peaceful co-existence with the State of SEC. 7036. None of the funds appropriated eral West Bank and Gaza Program, including Israel; or otherwise made available by this Act may all funds provided as cash transfer assist- (B) is taking appropriate measures to be used to provide equipment, technical sup- ance, in fiscal year 2012 under the heading counter terrorism and terrorist financing in port, consulting services, or any other form ‘‘Economic Support Fund’’, and such audit the West Bank and Gaza, including the dis- of assistance to the Palestinian Broadcasting shall address— mantling of terrorist infrastructures, and is Corporation. (1) the extent to which such Program com- cooperating with appropriate Israeli and ASSISTANCE FOR THE WEST BANK AND GAZA plies with the requirements of subsections (b) and (c); and other appropriate security organizations; SEC. 7037. (a) OVERSIGHT.—For fiscal year and 2012, 30 days prior to the initial obligation of (2) an examination of all programs, (2) the Palestinian Authority (or the gov- funds for the bilateral West Bank and Gaza projects, and activities carried out under erning entity of a new Palestinian state) is Program, the Secretary of State shall certify such Program, including both obligations working with other countries in the region to the Committees on Appropriations that and expenditures. to vigorously pursue efforts to establish a procedures have been established to assure (f) Funds made available in this Act for just, lasting, and comprehensive peace in the the Comptroller General of the United States West Bank and Gaza shall be subject to the Middle East that will enable Israel and an will have access to appropriate United States regular notification procedures of the Com- independent Palestinian state to exist within financial information in order to review the mittees on Appropriations. (g) Not later than 180 days after enactment the context of full and normal relationships, uses of United States assistance for the Pro- of this Act, the Secretary of State shall sub- which should include— gram funded under the heading ‘‘Economic mit a report to the Committees on Appro- (A) termination of all claims or states of Support Fund’’ for the West Bank and Gaza. priations updating the report contained in belligerency; (b) VETTING.—Prior to the obligation of (B) respect for and acknowledgment of the funds appropriated by this Act under the section 2106 of chapter 2 of title II of Public sovereignty, territorial integrity, and polit- heading ‘‘Economic Support Fund’’ for as- Law 109–13. ical independence of every state in the area sistance for the West Bank and Gaza, the LIMITATION ON ASSISTANCE FOR THE through measures including the establish- Secretary of State shall take all appropriate PALESTINIAN AUTHORITY ment of demilitarized zones; steps to ensure that such assistance is not SEC. 7038. (a) PROHIBITION OF FUNDS.—None (C) their right to live in peace within se- provided to or through any individual, pri- of the funds appropriated by this Act to cure and recognized boundaries free from vate or government entity, or educational carry out the provisions of chapter 4 of part threats or acts of force; institution that the Secretary knows or has II of the Foreign Assistance Act of 1961 may (D) freedom of navigation through inter- reason to believe advocates, plans, sponsors, be obligated or expended with respect to pro- national waterways in the area; and engages in, or has engaged in, terrorist ac- viding funds to the Palestinian Authority.

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(b) WAIVER.—The prohibition included in under the heading ‘‘Foreign Military Financ- (SEED) Act of 1989 (excluding the provisions subsection (a) shall not apply if the Presi- ing Program’’ for assistance for Egypt may of subsections (b)(c)(d)(3) and (f) of that sec- dent certifies in writing to the Speaker of be transferred to, and merged with, funds ap- tion), shall be deemed to apply to any such the House of Representatives, the President propriated for assistance for Egypt under the fund or funds, and to funds made available to pro tempore of the Senate, and the Commit- heading ‘‘Economic Support Fund’’: Provided, such fund or funds, in order to enable such tees on Appropriations that waiving such That such transfer may only be made fol- fund or funds to provide assistance for pur- prohibition is important to the national se- lowing consultation with, and subject to the poses of this section: Provided further, That curity interests of the United States. regular notification procedures of, the Com- section 7077 of division F of Public Law 111– (c) PERIOD OF APPLICATION OF WAIVER.— mittees on Appropriations. 117 shall apply to any such fund or funds es- Any waiver pursuant to subsection (b) shall (2)(A) None of the funds appropriated by tablished pursuant to this subsection: Pro- be effective for no more than a period of 6 this Act may be made available for assist- vided further, That not more than 5 percent months at a time and shall not apply beyond ance for the central Government of Egypt of the funds made available pursuant to this 12 months after the enactment of this Act. unless the Secretary of State certifies to the subsection should be available for adminis- (d) REPORT.—Whenever the waiver author- Committees on Appropriations that such trative expenses of such fund or funds and ity pursuant to subsection (b) is exercised, government is meeting its obligations under not later than 1 year after the date of enact- the President shall submit a report to the the 1979 Egypt-Israel Peace Treaty. ment of this Act, and annually thereafter Committees on Appropriations detailing the (B) The Secretary of State may waive until each fund is dissolved, each fund shall justification for the waiver, the purposes for paragraph (2)(A) if the Secretary determines submit to the Committees on Appropriations which the funds will be spent, and the ac- and reports to the Committees on Appropria- a report detailing the administrative ex- counting procedures in place to ensure that tions that to do so is important to the na- penses of such fund: Provided further, That the funds are properly disbursed: Provided, tional interests of the United States: Pro- each fund shall be governed by a Board of Di- That the report shall also detail the steps vided, That any such determination and re- rectors comprised of six private United the Palestinian Authority has taken to ar- port shall include a detailed justification for States citizens and three private citizens of rest terrorists, confiscate weapons and dis- such waiver. each country, respectively, who have had mantle the terrorist infrastructure. (3)(A) Funds appropriated under the head- international business careers and dem- (e) CERTIFICATION.—If the President exer- onstrated expertise in international and cises the waiver authority under subsection ing ‘‘Economic Support Fund’’ in this and prior Acts (including previously obligated emerging markets investment activities: (b), the Secretary of State must certify and Provided further, That not later than 1 year report to the Committees on Appropriations funds), may be made available, notwithstanding any other provision of law, for an after the entry into force of the initial grant prior to the obligation of funds that the Pal- agreement under this section and annually estinian Authority has established a single Egypt initiative, particularly for the specific costs referred to in the authorities ref- thereafter, each fund shall prepare and make treasury account for all Palestinian Author- available to the public on an Internet Web ity financing and all financing mechanisms erenced herein, for the purpose of improving the lives of the Egyptian people through edu- site administered by the fund a detailed re- flow through this account, no parallel fi- port on the fund’s activities during the pre- nancing mechanisms exist outside of the Pal- cation, investment in jobs and skills (including secondary and vocational education), and vious year: Provided further, That the author- estinian Authority treasury account, and ity of any such fund or funds to provide as- there is a single comprehensive civil service access to finance for small and medium enterprise with emphasis on expanding oppor- sistance shall cease to be effective on De- roster and payroll. cember 31, 2022: Provided further, That funds (f) PROHIBITION TO HAMAS AND THE PAL- tunities for women, as well as other appro- made available pursuant to this section shall ESTINE LIBERATION ORGANIZATION.— priate market-reform and economic growth be subject to prior consultation with the (1) None of the funds appropriated in titles activities: Provided, That the provisions of Committees on Appropriations. III through VI of this Act may be obligated title VI of Public Law 103–306 pertaining to (c) IRAN.— funds for Jordan shall be deemed to apply to for salaries of personnel of the Palestinian (1) It is the policy of the United States to any such initiative and to funds available Authority located in Gaza or may be obli- seek to prevent Iran from achieving the ca- under this section to carry out such an ini- gated or expended for assistance to Hamas or pability to produce or otherwise manufac- tiative in the same manner as such cited pro- any entity effectively controlled by Hamas, ture nuclear weapons, including by sup- visions apply to Jordan, subject to the fol- any power-sharing government of which porting international diplomatic efforts to lowing provisos: Provided further, That sub- Hamas is a member, or a government over halt Iran’s uranium enrichment program, paragraph (b)(2) shall be deemed not to apply which Hamas exercises undue influence. and the President should fully implement and the amount made available pursuant to (2) Notwithstanding the limitation of sub- and enforce the Iran Sanctions Act of 1996, as this section as set forth in the report accom- section (1), assistance may be provided to a amended (Public Law 104–172) as a means of panying this Act and incorporated herein power-sharing government only if the Presi- encouraging foreign governments to require shall be deemed to apply in lieu of the figure dent certifies and reports to the Committees state-owned and private entities to cease all in subparagraph (b)(1): Provided further, That on Appropriations that such government, in- investment in, and support of, Iran’s energy the authority to reduce debt shall include cluding all of its ministers or such equiva- sector and all exports of refined petroleum authority to exchange an outstanding obli- lent, has publicly accepted and is complying products to Iran. gation for a new obligation and to permit with the principles contained in section (2) None of the funds appropriated or other- both principal and interest payments on new 620K(b)(1)(A) and (B) of the Foreign Assist- wise made available in this Act under the obligations to be deposited into a fund estab- ance Act of 1961, as amended. heading ‘‘Export-Import Bank of the United lished for such purpose, to be used in accord- (3) The President may exercise the author- States’’ may be used by the Export-Import ance with purposes set forth in an agreement ity in section 620K(e) of the Foreign Assist- Bank of the United States to provide any between the United States and Egypt: Pro- ance Act as added by the Palestinian Anti- new financing (including loans, guarantees, vided further, That the authority of this Terrorism Act of 2006 (Public Law 109–446) other credits, insurance, and reinsurance) to paragraph shall only be made available after with respect to this subsection. any person that is subject to sanctions under the Secretary of State certifies to the Com- (4) Whenever the certification pursuant to paragraph (2) or (3) of section 5(a) of the Iran mittees on Appropriations that the Govern- paragraph (2) is exercised, the Secretary of Sanctions Act of 1996 (Public Law 104–172). ment of Egypt has held free and fair elec- State shall submit a report to the Commit- (3) The reporting requirements in section tions and is implementing policies to protect tees on Appropriations within 120 days of the 7043(c) in division F of Public Law 111–117 the rights of journalists, due process, and certification and every quarter thereafter on shall continue in effect during fiscal year whether such government, including all of freedoms of expression and association. (b) ENTERPRISE FUNDS.—Up to $60,000,000 of 2012 as if part of this Act: Provided, That the its ministers or such equivalent are con- date in subsecton (c)(1) shall be deemed to be tinuing to comply with the principles con- funds appropriated under the heading ‘‘Eco- nomic Support Fund’’ in this Act and prior ‘‘September 31, 2012’’. tained in section 620K(b)(1)(A) and (B) of the (d) IRAQ.— Foreign Assistance Act of 1961, as amended: acts making appropriations for the Depart- ment of State, foreign operations, and re- (1) Funds appropriated or otherwise made Provided, That the report shall also detail available by this Act for assistance for Iraq the amount, purposes and delivery mecha- lated programs (and including previously obligated funds), that are available for assist- shall be made available in a manner that uti- nisms for any assistance provided pursuant lizes Iraqi entities to the maximum extent to the abovementioned certification and a ance for Egypt, up to $20,000,000 of such funds that are available for assistance for Tunisia, practicable, and in accordance with the De- full accounting of any direct support of such up to $60,000,000 of such funds that are avail- partment of State’s April 9, 2009 ‘‘Guidelines government. able for assistance for Pakistan, and up to for Government of Iraq Financial Participa- (5) None of the funds appropriated under ti- $60,000,000 of such funds that are available for tion in United States Government-Funded tles III through VI of this Act may be obli- assistance for Jordan, respectively, may be Civilian Foreign Assistance Programs and gated for assistance for the Palestine Libera- made available notwithstanding any other Projects’’. tion Organization. provision of law, to establish and operate one (2) None of the funds appropriated or other- NEAR EAST or more enterprise funds for Egypt, Tunisia, wise made available by this Act may be used SEC. 7039. (a) EGYPT.— Pakistan, and Jordan, respectively: Provided, by the Government of the United States to (1) Notwithstanding any other provision of That provisions contained in section 201 of enter into a permanent basing rights agree- this Act, funds appropriated by this Act the Support for East European Democracy ment between the United States and Iraq.

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(3) Funds appropriated or otherwise made AIRCRAFT TRANSFER AND COORDINATION the Department of State, foreign operations, available by this Act for security-related SEC. 7040. (a) TRANSFER AUTHORITY.—Not- and related programs, is used to aid or abet programs in Iraq may only be made available withstanding any other provision of law or the operations of any illegal self-defense if the Secretary of State certifies to the regulation, aircraft procured with funds ap- group, paramilitary organization, illegal se- Committees on Appropriations that the Gov- propriated by this Act and prior Acts mak- curity cooperative or successor organiza- ernment of Iraq has committed to contrib- ing appropriations for the Department of tions in Colombia, such helicopter shall be uting to, and sustaining, such programs, in- State, foreign operations, and related pro- immediately returned to the United States: cluding details on the manner in which such grams under the headings ‘‘Diplomatic and Provided further, That none of the funds ap- contributions and sustainment will be Consular Programs’’, ‘‘International Nar- propriated by this Act or prior Acts making achieved. cotics Control and Law Enforcement’’, ‘‘An- appropriations for the Department of State, (4) Of the funds appropriated by this Act dean Counterdrug Initiative’’ and ‘‘Andean foreign operations, and related programs for assistance for Iraq under the heading Counterdrug Programs’’ may be used for any may be made available for assistance for the ‘‘Economic Support Fund’’, not less than other program and in any region, including Colombian Departamento Administrativo de $10,000,000 shall be made available for pro- for the transportation of active and standby Seguridad (DAS) or successor organizations. grams and activities for which policy jus- Civilian Response Corps personnel and equip- (B) None of the funds appropriated by this tifications and decisions shall be the respon- ment during a deployment: Provided, That Act under the heading ‘‘International Nar- sibility of the United States Chief of Mission the responsibility for policy decisions and cotics Control and Law Enforcement’’ that in Iraq. justification for the use of such transfer au- are available for assistance for Colombia for (e) LEBANON.— thority shall be the responsibility of the Sec- the procurement of chemicals for aerial drug (1) None of the funds appropriated by this retary of State and the Deputy Secretary of eradication may be made available unless Act may be made available for assistance for State and this responsibility shall not be del- the Secretary of State certifies to the Com- the Government of Lebanon if such govern- egated. mittees on Appropriations that any comment is controlled by a foreign terrorist or- (b) PROPERTY DISPOSAL.—The authority plaints of harm to health or licit crops ganization. provided in subsection (a) shall apply only caused by such aerial eradication are thor- (2) Funds appropriated under the heading after a determination by the Secretary of oughly investigated and evaluated, and fair ‘‘Foreign Military Financing Program’’ in State to the Committees on Appropriations compensation is paid in a timely manner for this Act for assistance for Lebanon may be that the equipment is no longer required to meritorious claims: Provided further, That made available only to professionalize the meet programmatic purposes in the des- the Secretary shall submit a report to the Lebanese Armed Forces and to strengthen ignated country or region: Provided, That Committees on Appropriations not later border security and combat terrorism, in- any such transfer shall be subject to prior than 6 months after enactment of this Act cluding training and equipping the Lebanese consultation with, and the regular notifica- and 6 months thereafter detailing the com- Armed Forces to secure Lebanon’s borders, tion procedures of, the Committees on Ap- plaints made during the previous 6 months, interdicting arms shipments, preventing the propriations. the investigations conducted, and the use of Lebanon as a safe haven for terrorist (c) AIRCRAFT COORDINATION.— amount of compensation, if any: Provided groups, and to implement United Nations Se- (1) The uses of aircraft purchased or leased further, That such funds may not be made curity Council Resolution 1701: Provided, by the Department of State and the United available for such purposes unless voluntary That funds may not be made available for States Agency for International Develop- eradication programs are not feasible and obligation until the Secretary of State pro- ment (USAID) with funds made available in programs are being implemented by the vides the Committees on Appropriations a this Act or prior Acts making appropriations United States Agency for International De- detailed spending plan: Provided further, That for the Department of State, foreign oper- velopment, the Government of Colombia, or such plan shall not be considered as meeting ations, and related programs shall be coordi- other organizations, in consultation and co- the notification requirements under section nated under the authority of the appropriate ordination with local communities, to pro- 7015 of this Act or under section 634A of the Chief of Mission: Provided, That such aircraft vide alternative sources of income in areas Foreign Assistance Act of 1961. may be used to transport, on a reimbursable where security permits for small-acreage (f) LIBYA.— or non-reimbursable basis, Federal and non- growers and communities whose illicit crops (1) Of the funds appropriated by this Act Federal personnel supporting the Depart- are targeted for aerial eradication: Provided under the heading ‘‘Economic Support ment of State and USAID programs and ac- further, That none of the funds appropriated Fund’’, not less than $20,000,000 should be tivities: Provided further, That official travel by this Act for assistance for Colombia shall made available to promote democracy, for other agencies for other purposes may be be made available for the cultivation or transparent and accountable governance, supported on a reimbursable basis, or with- processing of African oil palm, if doing so human rights, transitional justice, and the out reimbursement when traveling on a would contribute to significant loss of native rule of law in Libya, and for exchange pro- space available basis. species, disrupt or contaminate natural grams between Libyan and American stu- (2) The requirement and authorities of this water sources, reduce local food security, or dents: Provided, That such funds shall be subsection shall only apply to aircraft, the cause the forced displacement of local peo- made available, to the maximum extent primary purpose of which is the transpor- ple: Provided further, That funds appropriated practicable, on a cost matching basis. tation of personnel. by this Act may not be used for aerial drug (2) None of the funds appropriated by this WESTERN HEMISPHERE eradication in Colombia’s national parks or Act may be made available for assistance for SEC. 7041. (a) CENTRAL AMERICA AND THE reserves unless the Secretary of State cer- Libya for the rehabilitation or reconstruc- CARIBBEAN.—Funds appropriated by this Act tifies to the Committees on Appropriations tion of infrastructure except on a loan basis shall be made available for the Central that there are no effective alternatives and with terms favorable to the United States, America Regional Security Initiative the eradication is in accordance with Colom- and only following consultation with the (CARSI) and for the Caribbean Basin Secu- bian laws. Committees on Appropriations. rity Initiative (CBSI) to strengthen the ca- (2) APPLICABILITY OF FISCAL YEAR 2009 PRO- (g) MOROCCO.—Of the funds appropriated by this Act under the heading ‘‘Foreign Mili- pacity and professionalism of civilian law VISIONS.— tary Financing Program’’ for assistance for enforcement and judicial institutions. (A) IN GENERAL.—Except as provided in Morocco, $1,000,000 shall be withheld from ob- (b) COLOMBIA.— paragraph (2), the provisions of subsections ligation until the Secretary of State submits (1) ASSISTANCE.— (b) through (f) of section 7046 of the Depart- a report to the Committees on Appropria- (A) Funds appropriated by this Act and ment of State, Foreign Operations, and Re- tions on steps being taken by the Govern- made available to the Department of State lated Programs Appropriations Act, 2009 (di- ment of Morocco to— for counter-narcotics or other law enforce- vision H of Public Law 111–8), as amended by (1) respect the right of individuals to ment assistance for the Government of Co- section 7046 (b)(2)(A) of division F of Public peacefully express their opinions regarding lombia may be used to support a unified Law 111–117, shall apply to funds appro- the status and future of the Western Sahara campaign against narcotics trafficking and priated or otherwise made available by this and to document violations of human rights; organizations designated as Foreign Ter- Act for assistance for Colombia. and rorist Organizations and successor organiza- (B) EXCEPTIONS.—The following provisions (2) provide unimpeded access to human tions, and to take actions to protect human of section 7046 of division H of Public Law rights organizations, journalists, and rep- health and welfare in emergency cir- 111–8 shall apply to funds appropriated or resentatives of foreign governments to the cumstances, including undertaking rescue otherwise made available by this Act for as- Western Sahara. operations: Provided, That no United States sistance for Colombia as follows: (h) SYRIA.—Notwithstanding any other Armed Forces personnel or United States ci- (i) Subsection (b)(1)(B) is amended as fol- provision of law, funds appropriated by this vilian contractor employed by the United lows: Act shall be made available to promote de- States will participate in any combat oper- (I) By striking clause (i) and inserting the mocracy and protect human rights in Syria: ation in connection with assistance made following: Provided, That a portion of such funds should available by this Act for Colombia: Provided ‘‘(i) The Colombian Armed Forces are sus- be programmed in coordination with the further, That the President shall ensure that pending those members, of whatever rank, Government of Turkey and other govern- if any helicopter procured with funds in this who have been credibly alleged to have vio- ments in the region, as appropriate. Act or prior Acts making appropriations for lated human rights, or to have aided, abetted

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Crimes Tribunal established with regard to cases are promptly referred to civilian juris- (f) MEXICO.—Funds appropriated by this the former Yugoslavia by the United Nations diction for investigation and prosecution, Act that are available to support anti-crime Security Council or such other tribunals or and the Colombian Armed Forces are no and counter-narcotics efforts in Mexico shall commissions as the Council may establish or longer opposing civilian judicial jurisdiction be made available to strengthen the capacity authorize to deal with such violations, within such cases; and the Colombian Armed of civilian law enforcement and judicial in- out regard to the ceiling limitation con- Forces are cooperating fully with civilian stitutions. tained in paragraph (2) thereof: Provided, prosecutors and judicial authorities.’’. (g) TRADE CAPACITY.—Of the funds appro- That the determination required under this (II) By striking clause (iv) and inserting priated by this Act, not less than $10,000,000 section shall be in lieu of any determinations the following: under the heading ‘‘Development Assist- otherwise required under section 552(c): Pro- ‘‘(iv) The Government of Colombia is re- ance’’ and not less than $10,000,000 under the vided further, That funds made available pur- specting the rights of human rights defend- heading ‘‘Economic Support Fund’’ shall be suant to this section shall be made available ers, journalists, trade unionists, and other made available for labor and environmental subject to the regular notification proce- social activists, and the rights and territory capacity building activities relating to free dures of the Committees on Appropriations. of indigenous and Afro-Colombian commu- trade agreements with countries of Central PEACEKEEPING nities; and the Colombian Armed Forces are America, Peru and the Dominican Republic. SEC. 7046. (a) MISSIONS.—None of the funds implementing procedures to distinguish be- SERBIA appropriated or otherwise made available by tween civilians, including displaced persons, SEC. 7042. (a) Funds appropriated by this title I of this Act may be used for any United and combatants, in their operations.’’. Act may be made available for assistance for Nations peacekeeping mission that will in- (ii) Subsection (b)(2) shall be applied by the central Government of Serbia after May volve United States Armed Forces under the substituting ‘‘July 31, 2012’’ for the date con- 31, 2012, if the Secretary of State has sub- command or operational control of a foreign tained therein; mitted the report required in subsection (c). national, unless the President’s military ad- (iii) Subsection (c) shall be applied by sub- (b) After May 31, 2012, the Secretary of the visors have submitted to the President a rec- stituting ‘‘September 30, 2012’’ for the date Treasury should instruct the United States ommendation that such involvement is in contained therein; and executive directors of the international fi- the national interests of the United States (iv) Subsection (d)(1) shall be applied by nancial institutions to support loans and as- and the President has submitted to the Con- substituting ‘‘fiscal year 2012’’ for the fiscal sistance to the Government of Serbia subject gress such a recommendation. year contained therein. to the condition in subsection (c). (b) ASSESSMENT.—Section 404(b)(2)(B) of (C) REPORT.—Not later than 90 days after (c) The report referred to in subsection (a) the Foreign Relations Authorization Act, enactment of this Act, the Secretary of is a report by the Secretary of State to the Fiscal Years 1994 and 1995 (22 U.S.C. 287e State shall submit a report to the Commit- Committees on Appropriations that the Gov- note) is amended by adding the following at tees on Appropriations detailing any United ernment of Serbia is cooperating with the the end: States funding, assistance or other support International Criminal Tribunal for the ‘‘(vii) For assessments made during cal- for the DAS, its officials, employees, affili- former Yugoslavia, including apprehending endar year 2011 and 2012, 27.2 percent.’’. ates and contractors during the period 2002 and transferring indictees and providing in- ATTENDANCE AT INTERNATIONAL CONFERENCES through 2010, including but not limited to vestigators access to witnesses, documents, training, equipment, information sharing, SEC. 7047. None of the funds made available and other information. in this Act may be used to send or otherwise technical assistance, and facilities construc- (d) This section shall not apply to humani- tion: Provided, That to the maximum extent pay for the attendance of more than 50 em- tarian assistance or assistance to promote ployees of agencies or departments of the possible the report shall be provided in un- democracy. classified form, but may also include a clas- United States Government who are stationed sified annex. COMMUNITY-BASED POLICE ASSISTANCE in the United States, at any single inter- (c) GUATEMALA.— SEC. 7043. (a) AUTHORITY.—Funds made national conference occurring outside the (1) Of the funds appropriated in this Act available by titles III and IV of this Act to United States, unless the Secretary of State under the heading ‘‘International Narcotics carry out the provisions of chapter 1 of part reports to the Committees on Appropriations Control and Law Enforcement’’ not less than I and chapters 4 and 6 of part II of the For- that such attendance is important to the na- $5,000,000 shall be made available for a eign Assistance Act of 1961, may be used, tional interest: Provided, That for purposes United States contribution to the Inter- notwithstanding section 660 of that Act, to of this section the term ‘‘international con- national Commission Against Impunity in enhance the effectiveness and accountability ference’’ shall mean a conference attended Guatemala (CICIG). of civilian police authority through training by representatives of the United States Gov- (2) Funds appropriated under the heading and technical assistance in human rights, ernment and of foreign governments, inter- ‘‘International Military Education and the rule of law, anti-corruption, strategic national organizations, or nongovernmental Training’’ (IMET) that are available for as- planning, and through assistance to foster organizations. sistance for the Guatemalan Army may only civilian police roles that support democratic RESTRICTIONS ON UNITED NATIONS be made available for expanded IMET. governance including assistance for pro- DELEGATIONS (3) None of the funds appropriated under grams to prevent conflict, respond to disas- SEC. 7048. None of the funds made available the heading ‘‘Foreign Military Financing ters, address sexual and gender-based vio- under title I of this Act may be used to pay Program’’ may be made available for assist- lence, and foster improved police relations expenses for any United States delegation to ance for the Guatemalan Army, except that with the communities they serve. any specialized agency, body, or commission such funds may be made available for the (b) NOTIFICATION.—Assistance provided of the United Nations if such commission is Army Corps of Engineers only to improve under subsection (a) shall be subject to the chaired or presided over by a country, the disaster response capabilities and to partici- regular notification procedures of the Com- government of which the Secretary of State pate in international peacekeeping oper- mittees on Appropriations. has determined, for purposes of section 6(j)(1) ations. PROHIBITION OF PAYMENTS TO UNITED NATIONS of the Export Administration Act of 1979 (50 (d) HAITI.— MEMBERS U.S.C. App. 2405(j)(1)), supports international (1) The Government of Haiti shall be eligi- SEC. 7044. None of the funds appropriated terrorism. ble to purchase defense articles and services or made available pursuant to titles III PARKING FINES AND REAL PROPERTY TAXES under the Arms Export Control Act (22 through VI of this Act for carrying out the OWED BY FOREIGN GOVERNMENTS U.S.C. 2751 et seq.), for the Coast Guard. Foreign Assistance Act of 1961, may be used SEC. 7049. The terms and conditions of sec- (2) Funds appropriated under the heading to pay in whole or in part any assessments, tion 7055 of division F of Public Law 111–117 ‘‘Economic Support Fund’’ in this Act and arrearages, or dues of any member of the shall apply to this Act: Provided, That the prior Acts that are made available for assist- United Nations or, from funds appropriated date ‘‘September 30, 2009’’ in subsection ance for Haiti shall be made available, to the by this Act to carry out chapter 1 of part I (f)(2)(B) shall be deemed to be ‘‘September 30, maximum extent practicable, in a manner of the Foreign Assistance Act of 1961, the 2011’’. that emphasizes the participation of Haitian costs for participation of another country’s LANDMINES AND CLUSTER MUNITIONS civil society organizations and directly im- delegation at international conferences held proves the security, economic and social SEC. 7050. (a) LANDMINES.—Notwith- under the auspices of multilateral or inter- standing any other provision of law, well-being, and political status, of Haitian national organizations. women and girls. demining equipment available to the United WAR CRIMES TRIBUNALS DRAWDOWN (e) HONDURAS.—Funds appropriated by this States Agency for International Develop- Act that are available for assistance for po- SEC. 7045. If the President determines that ment and the Department of State and used lice forces in Honduras may not be made doing so will contribute to a just resolution in support of the clearance of landmines and available until the Secretary of State cer- of charges regarding genocide or other viola- unexploded ordnance for humanitarian pur- tifies to the Committees on Appropriations tions of international humanitarian law, the poses may be disposed of on a grant basis in that the Government of Honduras is inves- President may direct a drawdown pursuant foreign countries, subject to such terms and tigating, prosecuting, and punishing police to section 552(c) of the Foreign Assistance conditions as the Secretary of State may officers who have violated human rights and Act of 1961 of up to $30,000,000 of commodities prescribe.

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(b) CLUSTER MUNITIONS.—No military as- to, and merged with, funds appropriated by ‘‘Global Health Programs’’ and the United sistance shall be furnished for cluster muni- this Act in title II under the heading ‘‘Oper- States Leadership Against HIV/AIDS, Tuber- tions, no defense export license for cluster ating Expenses’’. culosis, and Malaria Act of 2003 (117 Stat. 711; munitions may be issued, and no cluster mu- (f) FOREIGN SERVICE LIMITED EXTENSIONS.— 22 U.S.C. 7601 et seq.), as amended: Provided, nitions or cluster munitions technology Individuals hired and employed by USAID, That of the funds appropriated under title III shall be sold or transferred, unless— with funds made available in this Act or of this Act, not less than $700,000,000 shall be (1) the submunitions of the cluster muni- prior Acts making appropriations for the De- made available for family planning/reproduc- tions, after arming, do not result in more partment of State, foreign operations, and tive health, including in areas where popu- than 1 percent unexploded ordnance across related programs, pursuant to the authority lation growth threatens biodiversity or en- the range of intended operational environ- of section 309 of the Foreign Service Act of dangered species. ments; and 1980, may be extended for a period of up to 4 (b) Not later than 90 days after enactment (2) the agreement applicable to the assist- years notwithstanding the limitation set of this Act, the Secretary of State, in con- ance, transfer, or sale of such cluster muni- forth in such section. sultation with the Administrator of the tions or cluster munitions technology speci- (g) DISASTER SURGE CAPACITY.—Funds ap- United States Agency for International De- fies that the cluster munitions will only be propriated under title III of this Act to carry velopment (USAID) shall submit to the Com- used against clearly defined military targets out part I of the Foreign Assistance Act of mittees on Appropriations a report on any and will not be used where civilians are 1961, including funds appropriated under the cost savings that could be achieved by known to be present or in areas normally in- heading ‘‘Assistance for Europe, Eurasia and transitioning the function, role, and duties habited by civilians. Central Asia’’, may be used, in addition to of the Office of the United States Global PROHIBITION ON PUBLICITY OR PROPAGANDA funds otherwise available for such purposes, AIDS Coordinator into USAID. for the cost (including the support costs) of (c) Not later than 90 days after enactment SEC. 7051. No part of any appropriation individuals detailed to or employed by of this Act, the Secretary of State, in con- contained in this Act shall be used for pub- USAID whose primary responsibility is to sultation with the Administrator of the licity or propaganda purposes within the carry out programs in response to natural or United States Agency for International De- United States not authorized before the date man-made disasters. velopment (USAID) shall submit to the Com- of the enactment of this Act by the Con- (h) TECHNICAL ADVISORS.—Up to $13,500,000 mittees on Appropriations a report on the gress: Provided, That not to exceed $25,000 of the funds made available in title III of this status of the Quadrennial Diplomacy and De- may be made available to carry out the pro- Act for assistance under the heading ‘‘Global velopment Review (QDDR) decision to tran- visions of section 316 of Public Law 96–533. Health Programs’’, may be used to reimburse sition the leadership of the Global Health LIMITATION ON RESIDENCE EXPENSES United States Government agencies, agen- Initiative (GHI) to USAID, to include the fol- SEC. 7052. Of the funds appropriated or cies of State governments, institutions of lowing: made available pursuant to title II of this higher learning, and private and voluntary (1) The metrics developed to measure Act, not to exceed $100,500 shall be for offi- organizations for the full cost of individuals progress towards meeting each benchmark cial residence expenses of the United States (including for the personal services of such enumerated in Appendix 2 of the QDDR and Agency for International Development dur- individuals) detailed or assigned to, or con- the method utilized to develop such metrics; ing the current fiscal year: Provided, That tracted by USAID for the purpose of carrying (2) The status of, and estimated completion appropriate steps shall be taken to assure out activities under that heading: Provided, date for, meeting each benchmark; and that, to the maximum extent possible, That up to $3,500,000 of the funds made avail- (3) An assessment of meeting the QDDR United States-owned foreign currencies are able by this Act for assistance under the target date of September 2012 for transition utilized in lieu of dollars. heading ‘‘Development Assistance’’ may be of GHI to USAID, and if such assessment de- UNITED STATES AGENCY FOR INTERNATIONAL used to reimburse such agencies, institu- termines that the target date will not be met DEVELOPMENT MANAGEMENT tions, and organizations for such costs of a detailed explanation of why it will not be met and a revised target date for the transi- (INCLUDING TRANSFER OF FUNDS) such individuals carrying out other development assistance activities. tion to be completed. SEC. 7053. (a) AUTHORITY.—Up to $93,000,000 (i) PERSONAL SERVICES CONTRACTORS.— (d) Notwithstanding any other provision of of the funds made available in title III of this Funds appropriated by this Act to carry out law, to include minimum funding require- Act to carry out the provisions of part I of chapter 1 of part I, chapter 4 of part II, and ments or funding directives, funds made the Foreign Assistance Act of 1961, including section 667 of the Foreign Assistance Act of available by this Act and prior Acts making funds appropriated under the heading ‘‘As- 1961, and title II of the Agricultural Trade appropriations for the Department of State, sistance for Europe, Eurasia and Central Development and Assistance Act of 1954, may foreign operations, and related programs Asia’’, may be used by the United States be used by USAID to employ up to 40 per- may be made available to respond to pan- Agency for International Development sonal services contractors in the United demic outbreaks, subject to prior consulta- (USAID) to hire and employ individuals in States, notwithstanding any other provision tion with, and the regular notification proce- the United States and overseas on a limited of law, for the purpose of providing direct, dures of, the Committees on Appropriations. appointment basis pursuant to the authority interim support for new or expanded over- DEVELOPMENT GRANTS PROGRAM of sections 308 and 309 of the Foreign Service seas programs and activities managed by the Act of 1980. SEC. 7055. Of the funds appropriated in title agency until permanent direct hire per- (b) RESTRICTIONS.— III of this Act, not less than $45,000,000 shall sonnel are hired and trained: Provided, That (1) The number of individuals hired in any be made available for the Development not more than 10 of such contractors shall be fiscal year pursuant to the authority con- Grants Program established pursuant to sec- assigned to any bureau or office: Provided tained in subsection (a) may not exceed 175. tion 674 of the Department of State, Foreign further, That not more than 15 of such con- (2) The authority to hire individuals con- Operations, and Related Programs Appro- tractors shall be for activities related to tained in subsection (a) shall expire on Sep- priations Act, 2008 (division J of Public Law USAID’s Afghanistan or Pakistan programs: tember 30, 2013. 110–161), primarily for unsolicited proposals, Provided further, That such funds appro- (c) CONDITIONS.—The authority of sub- to support grants of not more than $2,000,000 priated to carry out title II of the Agricul- section (a) should only be used to the extent to small nongovernmental organizations: tural Trade Development and Assistance Act that an equivalent number of positions that Provided, That funds made available under of 1954, may be made available only for per- are filled by personal services contractors or this section are in addition to other funds sonal services contractors assigned to the Of- other nondirect hire employees of USAID, available for such purposes including funds fice of Food for Peace. who are compensated with funds appro- designated by this Act by section 7063. (j) SENIOR FOREIGN SERVICE LIMITED AP- priated to carry out part I of the Foreign As- PROGRAMS TO PROMOTE GENDER EQUALITY POINTMENTS.—Individuals hired pursuant to sistance Act of 1961, including funds appro- SEC. 7056. (a) Programs funded under title the authority provided by section 7059(o) of priated under the heading ‘‘Assistance for III of this Act shall include, where appro- division F of Public Law 111–117 may be as- Europe, Eurasia and Central Asia’’, are priate, efforts to improve the status of signed to or support programs in Iraq, Af- eliminated. women, including through gender consider- ghanistan, or Pakistan with funds made (d) PRIORITY SECTORS.—In exercising the ations in the planning, assessment, imple- available in this Act and prior Acts making authority of this section, primary emphasis mentation, monitoring and evaluation of appropriations for the Department of State, shall be placed on enabling USAID to meet such programs. foreign operations, and related programs. personnel positions in technical areas cur- (b) Funds appropriated under title III of rently encumbered by contractor or other GLOBAL HEALTH ACTIVITIES this Act shall be made available to support nondirect hire personnel. SEC. 7054. (a) Funds appropriated by titles programs to expand economic opportunities (e) PROGRAM ACCOUNT CHARGED.—The ac- III and IV of this Act that are made avail- for poor women in developing countries, in- count charged for the cost of an individual able for bilateral assistance for global health cluding increasing the number and capacity hired and employed under the authority of activities including activities relating to re- of women-owned enterprises, improving this section shall be the account to which search on, and the prevention, treatment and property rights for women, increasing wom- such individual’s responsibilities primarily control of, HIV/AIDS may be made available en’s access to financial services and capital, relate: Provided, That funds made available notwithstanding any other provision of law enhancing the role of women in economic de- to carry out this section may be transferred except for provisions under the heading cisionmaking at the local, national and

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Agency for International Development shall year strategy for combating terrorism in Af- (d) Funds appropriated under in title III of consult with the Committees on Appropria- rica; this Act for food security and agricultural tions, prior to the initial obligation of funds, (B) the amount of funding provided, by ac- development shall take into consideration on the uses of such funds. count, to implement such a strategy, and a the unique needs of women, and technical as- brief description of counter-terrorism pro- sistance for women farmers should be a pri- REQUESTS FOR DOCUMENTS grams implemented on a country-by-country ority. SEC. 7059. None of the funds appropriated (e) The Secretary of State, in consultation or made available pursuant to titles III basis; with the heads of other relevant Federal through VI of this Act shall be available to (C) the mechanisms for coordinating such agencies, shall develop a National Action a nongovernmental organization, including assistance between the Department of State, Plan in accordance with United Nations Se- any contractor, which fails to provide upon the United States Agency for International curity Council Resolution 1325 (adopted on timely request any document, file, or record Development, and the Department of De- October 31, 2000) to ensure the United States necessary to the auditing requirements of fense, between the United States Govern- effectively promotes and supports the rights the United States Agency for International ment and other international donors, and be- and roles of women in conflict-affected and Development. tween the United States Government and re- post-conflict regions through clear, measur- spective host governments; and PROHIBITION ON USE OF TORTURE able commitments to— (D) the benchmarks for measuring the (1) promote the active and meaningful par- SEC. 7060. (a) None of the funds made avail- strengths and weaknesses in implementing ticipation of women in affected areas in all able in this Act may be used to support or such strategy. aspects of conflict prevention, management, justify the use of torture, cruel or inhumane (c) CRISIS RESPONSE.—Notwithstanding any and resolution; treatment by any official or contract em- other provision of law, up to $15,000,000 of the (2) integrate the perspectives and interests ployee of the United States Government. funds appropriated by this Act under the of affected women into conflict-prevention (b) Not later than 90 days after enactment heading ‘‘Global Health Programs’’ for HIV/ activities and strategies; of this Act, the Secretary of State shall sub- AIDS activities may be transferred to, and (3) promote the physical safety, economic mit to the Committees on Appropriations a merged with, funds appropriated under the security, and dignity of women and girls; report identifying those countries receiving headings ‘‘Complex Crises Fund’’, ‘‘Inter- (4) support women’s equal access to aid dis- United States assistance from funds appro- national Disaster Assistance’’, ‘‘Economic tribution mechanisms and services; and priated by this Act whose police, military, or Support Fund’’, and ‘‘Migration and Refugee (5) monitor, analyze and evaluate imple- other security forces have been credibly al- Assistance’’ to respond to unanticipated cri- mentation efforts and their impact. leged to use torture, as determined by the ses in Africa, except that funds shall not be (f) The Department of State and the United Assistant Secretary of State for Democracy, transferred unless the Secretary of State States Agency for International Develop- Human Rights and Labor based on the De- certifies to the Committees on Appropria- ment shall fully integrate gender into all partment of State’s most recent Human tions that no individual currently on anti- diplomatic and development efforts through Rights Report and other relevant informa- retroviral therapy supported by such funds the inclusion of gender in strategic planning tion. shall be negatively impacted by the transfer and budget allocations, and the development (c) Funds appropriated by this Act to carry of such funds: Provided, That the authority of indicators and evaluation mechanisms to out the provisions of chapters 1, 10, 11, and 12 of this subsection shall be subject to prior measure the impact of United States policies of part I and chapter 4 of part II of the For- consultation with the Committees on Appro- and programs on women and girls in foreign eign Assistance Act of 1961, and the Support priations. (d) EXPANDED INTERNATIONAL MILITARY countries. for East European Democracy (SEED) Act of EDUCATION AND TRAINING.— GENDER-BASED VIOLENCE 1989, shall be made available, notwith- (1) Funds appropriated under the heading standing section 660 of the Foreign Assist- SEC. 7057. (a) Funds appropriated under the ‘‘International Military Education and ance Act of 1961, for assistance to eliminate headings ‘‘Global Health Programs’’, ‘‘Devel- Training’’ (IMET) in this Act that are made torture by foreign police, military or other opment Assistance’’, ‘‘Economic Support available for assistance for Angola, Cam- security forces in countries identified in the Fund’’, and ‘‘International Narcotics Control eroon, Central African Republic, Chad, Coˆ te and Law Enforcement’’ in this Act shall be report required in subsection (b). d’Ivoire, Guinea and Zimbabwe may be made made available for sexual and gender-based AFRICA available only for expanded IMET. violence prevention and response efforts, and SEC. 7061. (a) CONFLICT MINERALS.— (2) None of the funds appropriated under funds appropriated under the headings (1) None of the funds appropriated by this the heading ‘‘International Military Edu- ‘‘International Disaster Assistance’’, ‘‘Com- Act under the heading ‘‘Foreign Military Fi- plex Crises Fund’’ and ‘‘Migration and Ref- cation and Training’’ in this Act may be nancing Program’’ may be made available ugee Assistance’’ should be made available made available for assistance for Equatorial for assistance for Rwanda or Uganda if the for such efforts. Guinea or Somalia. (b) Programs and activities funded under Secretary of State has credible evidence that (e) ETHIOPIA.— titles III and IV of this Act to train foreign the Government of Rwanda or the Govern- (1) Funds appropriated by this Act under police, judicial, and military personnel, in- ment of Uganda is providing political, mili- the heading ‘‘Foreign Military Financing cluding for international peacekeeping oper- tary or financial support to armed groups in Program’’ that are available for assistance ations, shall address, where appropriate, pre- the Democratic Republic of the Congo (DRC) for Ethiopia shall not be made available un- vention and response to sexual and gender- that are involved in the illegal exportation less the Secretary of State— based violence and trafficking in persons. of minerals out of the DRC or have violated (A) certifies to the Committees on Appro- (c) Not later than 180 days after enactment human rights. priations that the Government of Ethiopia is of this Act, the Secretary of State and the (2) The restriction in paragraph (1) shall implementing policies to respect due process Administrator of the United States Agency not apply to assistance to improve border and freedoms of expression and association, for International Development shall jointly controls to prevent the illegal exportation of and is permitting access to human rights and submit to the Committees on Appropriations minerals out of the DRC by such groups, to humanitarian organizations to the Somalia a multi-year strategy to prevent and respond protect relief efforts, or to support the train- region of Ethiopia; and to violence against women and girls in coun- ing and deployment of members of the Rwan- (B) submits a report to such Committees tries where it is common: Provided, That the dan or Ugandan militaries in international on the types and amounts of United States strategy should reflect the input of local peacekeeping operations. training and equipment proposed to be pro- women’s organizations in such countries and (b) COUNTER-TERRORISM PROGRAMS.— vided to the Ethiopian military including include achievable and sustainable goals, (1) Of the funds appropriated by this Act, steps that will be taken to ensure that such benchmarks for measuring progress, and ex- not less than $52,800,000 should be made assistance is not provided to military units pected results: Provided further, That the available for the Trans-Sahara Counter-ter- or personnel that have violated human strategy should include regular engagement rorism Partnership program, and not less rights, and steps taken by the Government of with men and boys as community leaders than $21,300,000 should be made available for Ethiopia to investigate and prosecute mem- and advocates in ending violence against the Partnership for Regional East Africa bers of the Ethiopian military who have been women and girls. Counter-terrorism program. credibly alleged to have violated such rights. RECONCILIATION PROGRAMS (2) In addition to such sums that may oth- (2) The restriction in paragraph (1) shall SEC. 7058. Of the funds appropriated by erwise be made available, of the funds appro- not apply to assistance to Ethiopian mili- title III of this Act under the headings ‘‘Eco- priated by this Act under the heading ‘‘Eco- tary efforts in support of international

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7504 CONGRESSIONAL RECORD — SENATE November 15, 2011 peacekeeping operations and for assistance are available for assistance for the Govern- (B) a strategy, including a timeline, for to the Ethiopian Defense Command and Staff ment of South Sudan, the Secretary of State bringing the indictee before such court; and College. shall submit a report to the Committees on (C) the justification for exercising the (f) THE GAMBIA.—The Secretary of the Appropriations detailing the extent to which waiver authority. Treasury shall instruct the United States ex- the Government of South Sudan is— (l) ZIMBABWE.— ecutive directors of the international finan- (A) supporting freedom of expression, the (1) The Secretary of the Treasury shall in- cial institutions to vote against any loan, establishment of democratic institutions instruct the United States executive director agreement, or other financial support for the cluding an independent judiciary, par- of each international financial institution to Gambia, except to meet basic human needs, liament, and security forces that are ac- vote against any extension by the respective unless the Secretary of State certifies to the countable to civilian authority; and institution of any loans or grants to the Gov- Committees on Appropriations that the Gov- (B) investigating and punishing members ernment of Zimbabwe, except to meet basic ernment of the Gambia is taking effective of security forces who have violated human human needs or to promote democracy, un- steps to release and account for political rights. less the Secretary of State determines and prisoners. (3) The Secretary of State shall seek to ob- reports in writing to the Committees on Ap- (g) KENYA.—Funds appropriated by this tain regular audits of the financial accounts propriations that the rule of law has been re- Act under the heading ‘‘Foreign Military Fi- of the Government of South Sudan to ensure stored in Zimbabwe, including respect for nancing Program’’ that are available for as- transparency and accountability of funds, in- ownership and title to property, freedom of sistance for Kenya should not be made avail- cluding revenues from the extraction of oil speech and association. able unless a thorough, credible investiga- and gas, and the timely, public disclosure of (2) None of the funds appropriated by this tion has been conducted of alleged crimes by such audits: Provided, That the Secretary Act shall be made available for assistance Kenyan soldiers at Mount Elgon in March should assist the Government of South for the central Government of Zimbabwe, ex- 2008, and the responsible individuals are Sudan in conducting such audits, and by pro- cept for health, education, and macro- being brought to justice. viding technical assistance to enhance the economic growth assistance, unless the Sec- (h) SUDAN LIMITATION ON ASSISTANCE.— capacity of the National Auditor Chamber to (1) Subject to paragraph (2): retary of State makes the determination re- carry out its responsibilities, and shall sub- quired in paragraph (1). (A) Notwithstanding any other provision of mit a report not later than 90 days after en- ASIA law, none of the funds appropriated by this actment of this Act to the Committees on Act may be made available for assistance for Appropriations detailing the steps that will SEC. 7062. (a) TIBET.— the Government of Sudan unless the Sec- be taken by the Government of South Sudan, (1) The Secretary of the Treasury should retary of State certifies to the Committees which are additional to those taken in the instruct the United States executive director on Appropriations that such government— previous fiscal year, to improve natural re- of each international financial institution to (i) has lifted the state of emergency in source management and ensure transparency use the voice and vote of the United States Darfur; and accountability of funds. to support projects in Tibet if such projects (ii) is cooperating with and participating (j) UGANDA.—Of the funds appropriated by do not provide incentives for the migration in good faith in an internationally recog- this Act under the headings ‘‘Development and settlement of non-Tibetans into Tibet or nized peace process for Darfur; Assistance’’ and ‘‘International Narcotics facilitate the transfer of ownership of Ti- (iii) is permitting access and freedom of Control and Law Enforcement’’, not less betan land and natural resources to non-Ti- movement for the United Nations/African than $1,000,000 shall be made available to im- betans; are based on a thorough needs-assess- Union Hybrid Mission in Darfur and the de- prove physical access, telecommunications ment; foster self-sufficiency of the Tibetan livery of humanitarian assistance in Darfur, infrastructure, and early-warning mecha- people and respect Tibetan culture and tradi- and is respecting international humanitarian nisms in areas affected by the Lord’s Resist- tions; and are subject to effective moni- law; ance Army (LRA), and not less than toring. (iv) is not engaging in provocative military $1,000,000 shall be made available to support (2) Notwithstanding any other provision of operations within Sudan or cross-border de- the disarmament, demobilization and re- law, not less than $7,500,000 of the funds ap- stabilization; and integration of former LRA combatants, espe- propriated by this Act under the heading (v) has reached a mutually acceptable cially child soldiers. ‘‘Economic Support Fund’’ should be made agreement with the Republic of South Sudan (k) WAR CRIMES IN AFRICA.— available to nongovernmental organizations regarding the status of Abyei and other out- (1) The Congress reaffirms its support for to support activities which preserve cultural standing issues related to implementation of the efforts of the International Criminal Tri- traditions and promote sustainable develop- the Comprehensive Peace Agreement (CPA), bunal for Rwanda (ICTR) and the Special ment and environmental conservation in Ti- including matters related to oil revenues and Court for Sierra Leone (SCSL) to bring to betan communities in the Tibetan Autono- the transit of oil. justice individuals responsible for war mous Region and in other Tibetan commu- (B) None of the funds appropriated by this crimes and crimes against humanity in a nities in China. Act may be made available for the cost, as timely manner. (b) BURMA.— defined in section 502, of the Congressional (2) Funds appropriated by this Act, includ- (1) The Secretary of the Treasury shall in- Budget Act of 1974, of modifying loans and ing funds for debt restructuring, may be struct the United States executive directors loan guarantees held by the Government of made available for assistance for the central of the international financial institutions to Sudan, including the cost of selling, reduc- government of a country in which individ- vote against any loan, agreement, or other ing, or canceling amounts owed to the uals indicted by the ICTR and the SCSL are financial support for Burma. United States, and modifying concessional credibly alleged to be living, if the Secretary (2) Funds appropriated by this Act may be loans, guarantees, and credit agreements. of State determines and reports to the Com- made available for assistance for Burma not- (2) The limitations of paragraph (1) shall mittees on Appropriations that such govern- withstanding any other provision of law, ex- not apply to— ment is cooperating with the ICTR and the cept no such funds shall be made available to (A) humanitarian assistance; SCSL, including the apprehension, sur- the State Peace and Development Council, (B) assistance for the Darfur region, South- render, and transfer of indictees in a timely or its successor, and its affiliated organiza- ern Kordofan, Blue Nile, White Nile, Sennar, manner: Provided, That this subsection shall tions: Provided, That such funds shall be other marginalized areas in Sudan, and the not apply to assistance provided under sec- made available to support programs in Abyei area; and tion 551 of the Foreign Assistance Act of 1961 Burma, along Burma’s borders, and for Bur- (C) assistance to support implementation or to project assistance under title VI of this mese groups and organizations located out- of the CPA, mutually agreed upon arrange- Act: Provided further, That the United States side Burma: Provided further, That not less ments related to post-referendum issues as- shall use its voice and vote in the United Na- than $5,000,000 shall be made available for sociated with the CPA, or to promote peace tions Security Council to fully support ef- community-based organizations operating in and stability between Sudan and the Repub- forts by the ICTR and the SCSL to bring to Thailand to provide food, medical, and other lic of South Sudan, or any other internation- justice individuals indicted by such tribunals humanitarian assistance to internally dis- ally recognized viable peace agreement in in a timely manner. placed persons in eastern Burma, in addition Sudan. (3) The prohibition in paragraph (2) may be to assistance for Burmese refugees appro- (i) SOUTH SUDAN.— waived on a country-by-country basis if the priated under the heading ‘‘Migration and (1) Funds appropriated by this Act should President determines that doing so is in the Refugee Assistance’’ in this Act: Provided be made available for assistance for South national security interest of the United further, That any new program or activity Sudan including to increase agricultural pro- States: Provided, That prior to exercising initiated with funds made available by this ductivity, expand educational opportunities such waiver authority, the President shall Act shall be subject to prior consultation especially for girls, strengthen democratic submit a report to the Committees on Appro- with the Committees on Appropriations, and institutions and the rule of law, and enhance priations, in classified form if necessary, all such funds shall be subject to the regular the capacity of the Federal Legislative As- on— notification procedures of the Committees sembly to conduct oversight over govern- (A) the steps being taken to obtain the co- on Appropriations. ment revenues and expenditures. operation of the government in apprehending (c) CAMBODIA.—Funds made available in (2) Not less than 15 days prior to the obli- and surrendering the indictee in question to this Act for a United States contribution to gation of funds appropriated by this Act that the court of jurisdiction; a Khmer Rouge tribunal may only be made

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available if the Secretary of State certifies INDEPENDENT STATES OF THE FORMER SOVIET SOUTH ASIA to the Committees on Appropriations that UNION SEC. 7065. (a) AFGHANISTAN.— the United Nations and the Government of SEC. 7063. (a) None of the funds appro- (1) LIMITATION.—None of the funds appro- Cambodia are taking effective steps to ad- priated under the heading ‘‘Assistance for priated or otherwise made available by this dress allegations of corruption and mis- Europe, Eurasia and Central Asia’’ may be Act under the headings ‘‘Economic Support management within the tribunal. made available for assistance for a govern- Fund’’ and ‘‘International Narcotics Control ment of an Independent State of the former (d) INDONESIA.— and Law Enforcement’’ may be obligated for (1) Of the funds appropriated by this Act Soviet Union if that government directs any assistance for the Government of Afghani- action in violation of the territorial integ- under the heading ‘‘Foreign Military Financ- stan until the Secretary of State, in con- rity or national sovereignty of any other ing Program’’ that are available for assist- sultation with the Administrator of the Independent State of the former Soviet ance for Indonesia, $2,000,000 may not be obli- United States Agency for International De- Union, such as those violations included in velopment (USAID), certifies and reports to gated until the Secretary of State submits to the Helsinki Final Act, unless the Secretary the Committees on Appropriations the re- the Committees on Appropriations that— of State determines that to do so is in the (A) The funds will be used to support pro- port on Indonesia required under such head- national security interests of the United ing in the report accompanying this Act. grams and activities that can be sustained States. by Afghan national, provincial or local gov- (2) Of the funds appropriated by this Act (b) Funds appropriated under the heading ernments. under the heading ‘‘Economic Support ‘‘Assistance for Europe, Eurasia and Central Fund’’ that are available for assistance for Asia’’ for the Russian Federation, Armenia, (B) The Government of Afghanistan is— Indonesia, not less than $400,000 should be Azerbaijan, Kazakhstan, and Uzbekistan (i) reducing corruption and improving gov- made available for grants for capacity build- shall be subject to the regular notification ernance, including by investigating, pros- ing of Indonesian human rights organiza- procedures of the Committees on Appropria- ecuting, sanctioning and/or removing cor- tions, including in Papua. tions. rupt officials from office and implementing (c) Section 907 of the FREEDOM Support financial transparency and accountability (e) PEOPLE’S REPUBLIC OF CHINA.— measures for government institutions and of- (1) None of the funds appropriated under Act shall not apply to— (1) activities to support democracy or as- ficials (including the Central Bank) as well the heading ‘‘Diplomatic and Consular Pro- as conducting oversight of public resources; grams’’ in this Act may be obligated or ex- sistance under title V of the FREEDOM Sup- port Act and section 1424 of Public Law 104– and pended for processing licenses for the export (ii) taking credible steps to protect the of satellites of United States origin (includ- 201 or nonproliferation assistance; (2) any assistance provided by the Trade human rights of Afghan women. ing commercial satellites and satellite com- (C) Funds will be used to support and ponents) to the People’s Republic of China and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 strengthen the capacity of Afghan public and unless, at least 15 days in advance, the Com- private institutions and entities to reduce mittees on Appropriations are notified of U.S.C. 2421); (3) any activity carried out by a member of corruption and to improve transparency and such proposed action. accountability of national, provincial and (2) The terms and requirements of section the United States and Foreign Commercial Service while acting within his or her offi- local governments. 620(h) of the Foreign Assistance Act of 1961 (D) Representatives of Afghan national, shall apply to foreign assistance projects or cial capacity; (4) any insurance, reinsurance, guarantee provincial or local governments, and local activities of the People’s Liberation Army communities and civil society organizations, (PLA) of the People’s Republic of China, to or other assistance provided by the Overseas Private Investment Corporation under title including women-led organizations, will be include such projects or activities by any en- consulted and participate in the design of tity that is owned or controlled by, or an af- IV of chapter 2 of part I of the Foreign As- sistance Act of 1961 (22 U.S.C. 2191 et seq.); programs, projects, and activities, including filiate of, the PLA: Provided, That none of participation in implementation and over- the funds appropriated or otherwise made (5) any financing provided under the Ex- port-Import Bank Act of 1945; or sight, and the development of specific bench- available pursuant to this Act may be used marks to measure progress and outcomes. to finance any grant, contract, or coopera- (6) humanitarian assistance. (2) DIRECT GOVERNMENT-TO-GOVERNMENT AS- tive agreement with the PLA, or any entity CENTRAL ASIA SISTANCE.— SEC. 7064. The terms and conditions of sec- that the Secretary of State has reason to be- (A) Funds appropriated or otherwise made tions 7075(a) through (d) and 7076(a) through lieve is owned or controlled by, or an affil- available by this Act for assistance for Af- (e) of the Department of State, Foreign Oper- iate of, the PLA. ghanistan may not be made available for di- ations, and Related Programs Appropria- (3) Notwithstanding any other provision of rect government-to-government assistance tions Act, 2009 (division H of Public Law 111– law and subject to prior consultation with, unless the Secretary of State certifies to the 8) shall apply to funds appropriated by this and the regular notification procedures of, Committees on Appropriations that the rel- the Committees on Appropriations, of the Act, except that the Secretary of State may waive the application of section 7076(a) for a evant Afghan implementing agency has been funds appropriated under the heading ‘‘Eco- assessed and considered qualified to manage nomic Support Fund’’, not less than period of not more than 6 months and every 6 months thereafter until September 30, 2013, such funds and the Government of the United $20,000,000 shall be made available to United States and the Government of Afghanistan States institutions of higher education and if the Secretary certifies to the Committees on Appropriations that the waiver is in the have agreed, in writing, to achievable and nongovernmental organizations for programs sustainable goals, benchmarks for measuring and activities in the People’s Republic of national security interest and necessary to obtain access to and from Afghanistan for progress, and expected results for the use of China relating to democracy, governance, such funds, and have established mechanisms rule of law, and the environment. the United States, and the waiver includes an assessment of progress, if any, by the within each implementing agency to ensure (f) PHILIPPINES.—Of the funds appropriated Government of Uzbekistan in meeting the re- that such funds are used for the purposes for by this Act under the heading ‘‘Foreign Mili- quirements in section 7076(a): Provided, That which they were intended: Provided, That the tary Financing Program’’ that are available the Secretary of State, in consultation with assessment procedures of the Department of for assistance for the Philippines, $3,000,000 the Secretary of Defense, shall submit a re- State and USAID shall be standardized and may not be obligated until the Secretary of port to the Committees on Appropriations provide reasonable assurance of detecting State submits to the Committees on Appro- not later than 180 days after enactment of significant vulnerabilities that could result priations the report on the Philippines re- this Act and 12 months thereafter, on all in the waste or misuse of United States quired under such heading in the report ac- United States Government assistance pro- funds: Provided further, That the Secretary of companying this Act. vided to the Government of Uzbekistan and State should suspend any direct government- to-government assistance to an imple- (g) TIMOR-LESTE.—Of the funds appro- expenditures made in support of the North- menting agency if the Secretary has credible priated by this Act under the heading ‘‘Eco- ern Distribution Network in Uzbekistan, in- information of misuse of such funds by any nomic Support Fund’’, not less than cluding any credible information that such such agency: Provided further, That any such $1,000,000 shall be made available for higher assistance or expenditures are being diverted assistance shall be subject to prior consulta- education scholarships in Timor-Leste. for corrupt purposes: Provided further, That information provided in the report required tion with, and the regular notification proce- (h) VIETNAM.—Of the funds appropriated by the previous proviso may be provided in a dures of, the Committees on Appropriations. under the heading ‘‘Economic Support classified annex and such annex shall indi- (B) Funds appropriated or otherwise made Fund’’, not less than $15,000,000 shall be made cate the basis for such classification: Pro- available by this Act for assistance for Af- available for remediation of dioxin contami- vided further, That for the purposes of the ap- ghanistan may be made available as a United nated sites in Vietnam and may be made plication of section 7075(c) to this Act, the States contribution to the Afghanistan Re- available for assistance for the Government report shall be submitted not later than Oc- construction Trust Fund (ARTF) unless the of Vietnam, including the military, for such tober 1, 2012 and for the purposes of the ap- Secretary of State determines and reports to purposes, and not less than $5,000,000 under plication of section 7076(e) to this Act, the the Committees on Appropriations that the the heading ‘‘Development Assistance’’ shall term ‘‘assistance’’ shall not include ex- World Bank Monitoring Agent of the ARTF be made available for related health/dis- panded international military education and is unable to conduct its financial control and ability activities. training. audit responsibilities due to restrictions on

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7506 CONGRESSIONAL RECORD — SENATE November 15, 2011 security personnel by the Government of Af- in Afghanistan shall be subject to prior con- Secretary of State should suspend any direct ghanistan. sultation with, and the regular notification government-to-government assistance to an (3) ASSISTANCE AND OPERATIONS.— procedures of, the Committees on Appropria- implementing agency if the Secretary has (A) Funds appropriated under the headings tions, except that the prior consultation re- credible information of misuse of such funds ‘‘Economic Support Fund’’ and ‘‘Inter- quirement may be waived in a manner con- by any such agency: Provided further, That national Narcotics Control and Law Enforce- sistent with section 7015(e) of this Act. funds made available pursuant to this sub- ment’’ in this Act that are available for as- (F) None of the funds appropriated by this paragraph shall be subject to prior consulta- sistance for Afghanistan— Act under the heading ‘‘Economic Support tion with, and the regular notification proce- (i) shall be made available, to the max- Fund’’ may be made available for transpor- dures of, the Committees on Appropriations. imum extent practicable, in a manner that tation infrastructure in Afghanistan unless (2) INFRASTRUCTURE PROJECTS.—Funds ap- emphasizes the participation of Afghan the Secretary of State reports to the Com- propriated under the heading ‘‘Economic women, and directly improves the security, mittees on Appropriations that the Govern- Support Fund’’ in this Act that are made economic and social well-being, and political ment of Afghanistan has established a stand- available for assistance for infrastructure status, and protects the rights of, Afghan ardized rail gauge consistent with that uti- projects in Pakistan shall be implemented in women and girls and complies with sections lized by Central Asian states, including a manner consistent with section 507(6) of 7056 and 7057 of this Act, including support Uzbekistan: Provided, That the Secretary of the Trade Act of 1974 (19 U.S.C. 2467(6)). for the Afghan Independent Human Rights State may waive the requirement of this (3) MILITARY ASSISTANCE.—Funds appro- Commission, the Afghan Ministry of Wom- paragraph if the Secretary of State reports priated by this Act under the headings ‘‘For- en’s Affairs, and women-led organizations. to the Committees on Appropriations that to eign Military Financing Program’’ and (ii) may be made available for a United do so is important to the national security ‘‘Pakistan Counter-insurgency Capability States contribution to an internationally interests of the United States. Fund’’ that are available for assistance for managed fund to support the reconciliation (G) Not later than 90 days after enactment Pakistan may be made available only to sup- with and disarmament, demobilization and of this Act, the Secretary of State shall report counter-terrorism and counter-insur- reintegration into Afghan society of former port to the Committees on Appropriations gency operations in Pakistan, and are sub- combatants who have renounced violence whether an International Monetary Fund ject to section 620M of the Foreign Assist- against the Government of Afghanistan: Pro- (IMF) country program for Afghanistan has ance Act of 1961, as amended by this Act. vided, That funds may be made available to been established: Provided, That if such pro- (4) CERTIFICATION AND REPORT.— support reconciliation and reintegration ac- gram has not been established by that date, (A) CERTIFICATION.— tivities only if: the report required by this paragraph shall (i) Prior to the obligation of funds in titles (I) Afghan women are participating at na- include specific actions requested by the III and IV and under the heading ‘‘Pakistan tional, provincial and local levels of govern- IMF, and taken by the Government of Af- Counter-Insurgency Capability Fund’’ in this ment in the design, policy formulation and ghanistan, to address the Kabul Bank crisis Act for assistance for the Government of implementation of the reconciliation or re- and restore confidence in Afghanistan’s Pakistan, the Secretary of State shall cer- integration process, and such process up- banking sector. tify to the Committees on Appropriations holds steps taken by the Government of Af- (4) OVERSIGHT.— that the Government of Pakistan is— ghanistan to protect the human rights of Af- (A) The Special Inspector General for Af- (I) cooperating with the United States in ghan women; and ghanistan Reconstruction, the Inspector efforts against the Haqqani Network, the (II) such funds will not be used to support General of the Department of State and the Quetta Shura Taliban, Lashkar e-Tayyiba, any pardon or immunity from prosecution, Inspector General of USAID, shall jointly de- Al Qaeda and other domestic and foreign ter- or any position in the Government of Af- velop and submit to the Committees on Ap- rorist organizations, including taking steps ghanistan or security forces, for any leader propriations within 45 days of enactment of to end support for such groups and prevent of an armed group responsible for crimes this Act a coordinated audit and inspection them from operating in Pakistan and car- against humanity, war crimes, or acts of ter- plan of United States assistance for, and ci- rying out cross border attacks into neigh- rorism; vilian operations in, Afghanistan. boring countries; (iii) may be made available for a United (B) The USAID Administrator should pro- (II) not impeding the issuance of visas for States contribution to the North Atlantic vide for independent, transparent evalua- United States visitors engaged in counterter- Treaty Organization/International Security tions of assistance programs and activities rorism efforts and assistance programs, in Assistance Force Post-Operations Humani- in Afghanistan which exceed $25,000,000. Pakistan; and tarian Relief Fund; and (b) NEPAL.— (III) providing humanitarian organizations (iv) may be made available, notwith- (1) Funds appropriated by this Act under access to detainees, internally displaced per- standing any provision of law that restricts the headings ‘‘Foreign Military Financing sons, and other Pakistani civilians affected assistance to foreign countries, for cross bor- Program’’ and ‘‘Peacekeeping Operations’’ by the conflict. der stabilization and development programs may be made available for assistance for (ii) The Secretary of State may waive the between Afghanistan and Pakistan or be- Nepal only if the Secretary of State certifies requirements of paragraph (i) if to do so is in tween either country and the Central Asian to the Committees on Appropriations that the national security interests of the United republics. the Nepal Army is— States. (B) The authority contained in section (A) cooperating fully with investigations (B) REPORT.—The spend plan required by 1102(c) of Public Law 111–32 shall continue in and prosecutions by civilian judicial authori- section 7083 of this Act for assistance for effect during fiscal year 2012 and shall apply ties of violations of human rights; and Pakistan shall include achievable and sus- as if part of this Act. (B) working constructively to redefine the tainable goals, benchmarks for measuring (C)(i) Of the funds appropriated by this Act Nepal Army’s mission and adjust its size ac- progress, and expected results regarding fur- that are made available for assistance for Af- cordingly, implement reforms including thering the development of Pakistan, coun- ghanistan, not less than $75,000,000 shall be strengthening the capacity of the civilian tering extremism, and establishing condi- made available for rule of law programs: Pro- ministry of defense to improve budget trans- tions conducive to the rule of law and ac- vided, That decisions on the uses of such parency and accountability, and facilitate countable governance: Provided, That not funds shall be the responsibility of the Coor- the integration of former rebel combatants later than 6 months after submission of such dinator for Rule of Law, in consultation with into the security forces including the Nepal spend plan, and each 6 months thereafter the Interagency Planning and Implementa- Army, consistent with the goals of reconcili- until September 30, 2013, the Secretary of tion Team, at the United States Embassy in ation, peace and stability. State shall submit a report on the status of Kabul, Afghanistan: Provided further, That (2) The conditions in paragraph (1) shall achieving the goals and benchmarks in the $250,000 of such funds shall be transferred to, not apply to assistance for humanitarian re- spend plan: Provided further, That the Sec- and merged with, funds appropriated under lief and reconstruction activities in Nepal. retary of State should suspend assistance for the heading ‘‘Office of Inspector General’’ in (c) PAKISTAN.— the Government of Pakistan if any such re- title I of this Act for oversight of such pro- (1) DIRECT GOVERNMENT-TO-GOVERNMENT AS- port indicates that Pakistan is failing to grams and activities. SISTANCE.—Funds appropriated by this Act make measurable progress in meeting any (ii) The Coordinator for Rule of Law at the for assistance for Pakistan may be made such goal or benchmark. United States Embassy in Kabul, Afghani- available for direct government-to-govern- (5) PRECURSOR CHEMICALS.—Funds appro- stan shall be consulted on the use of all ment assistance only if the Secretary of priated under the heading ‘‘Economic Sup- funds appropriated by this Act for rule of law State certifies to the Committees on Appro- port Fund’’ that are available for assistance programs in Afghanistan. priations that the Government of the United for Pakistan should be made available to (D) None of the funds made available by States and the Government of Pakistan have stop the flow of precursor materials used to this Act may be used by the United States agreed, in writing, to achievable and sustain- manufacture Improvised Explosive Devices, Government to enter into a permanent bas- able goals, benchmarks for measuring including calcium ammonium nitrate, from ing rights agreement between the United progress, and expected results for the use of Pakistan to Afghanistan, including programs States and Afghanistan. such funds, and have established mechanisms to train border and customs officials in Paki- (E) Any significant modification to the within each implementing agency to ensure stan and Afghanistan as well as agricultural scope, objectives or implementation mecha- that such funds are used for the purposes for extension programs that encourage alter- nisms of United States assistance programs which they were intended: Provided, That the native fertilizers among Pakistani farmers.

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(6) HUMAN RIGHTS AND DEMOCRACY.—Of the dissolution, or winding up of an Enterprise nomic Support Fund’’, and ‘‘Assistance for funds appropriated under the heading ‘‘Eco- Fund, in whole or in part, the President shall Europe, Eurasia and Central Asia’’ for clean nomic Support Fund’’ in this Act for assist- submit to the Committees on Appropria- energy programs and activities, may be ance for Pakistan $5,000,000 shall be made tions, in accordance with the regular notifi- made available only to support and promote available through the Bureau of Democracy, cation procedures of the Committees on Ap- the sustainable use of renewable energy Human Rights and Labor, Department of propriations, a plan for the distribution of technologies and end-use energy efficiency State, for human rights and democracy pro- the assets of the Enterprise Fund. technologies, carbon sequestration, and car- grams in Pakistan, including training of gov- (b) Funds made available under titles III bon accounting. ernment officials and security forces, and as- through VI of this Act for Enterprise Funds (c) TROPICAL FOREST PROGRAMS.—Funds sistance for human rights organizations and shall be expended at the minimum rate nec- appropriated under title III of this Act for the development of democratic political par- essary to make timely payment for projects tropical forest programs shall be used to pro- ties. and activities and shall be subject to the reg- tect biodiversity, including not less than $2,000,000 to implement and enforce section (7) CHIEF OF MISSION.—Of the funds appro- ular notification procedures of the Commit- priated under the heading ‘‘Economic Sup- tees on Appropriations. 8204 of Public Law 110–246, shall not be used port Fund’’ in this Act for assistance for to support or promote the expansion of in- OVERSEAS PRIVATE INVESTMENT CORPORATION dustrial scale logging into primary tropical Pakistan, up to $10,000,000 may be made (INCLUDING TRANSFER OF FUNDS) forests, and shall be subject to prior con- available to the Chief of Mission to address SEC. 7067. (a) Whenever the President de- sultation with, and the regular notification unanticipated humanitarian needs: Provided, termines that it is in furtherance of the pur- procedures of, the Committees on Appropria- That such funds shall be subject to prior con- poses of the Foreign Assistance Act of 1961, tions: Provided, That of the funds that are sultation with, and the regular notification up to a total of $20,000,000 of the funds appro- available for the Central African Regional procedures of, the Committees on Appropria- priated under title III of this Act may be Program for the Environment (CARPE) and tions, except that the prior consultation re- transferred to, and merged with, funds ap- other tropical forest programs in the Congo quirement may be waived in a manner con- propriated by this Act for the Overseas Pri- Basin, not less than $9,000,000 shall be appor- sistent with section 7015(e) of this Act. vate Investment Corporation Program Ac- tioned directly to the United States Fish and (d) SRI LANKA.— Wildlife Service to implement such pro- (1) None of the funds appropriated by this count, to be subject to the terms and conditions of that account: Provided, That such grams: Provided further, That not less than Act under the headings ‘‘Foreign Military $10,000,000 shall be made available for bio- Financing Program’’ and ‘‘Peacekeeping Op- funds shall not be available for administrative expenses of the Overseas Private Invest- diversity conservation programs in the Bra- erations’’ may be made available for assist- zilian Amazon, not less than $15,000,000 shall ance for Sri Lanka, no defense export license ment Corporation: Provided further, That designated funding levels in this Act shall not be made available for such programs in the may be issued, and no military equipment or Andean Amazon, and not less than $1,000,000 technology shall be sold or transferred to Sri be transferred pursuant to this section: Pro- vided further, That the exercise of such au- shall be apportioned directly to the Depart- Lanka pursuant to the authorities contained ment of the Interior for programs in the thority shall be subject to the regular notifi- in this Act or any other Act, unless the Sec- Guatemala Mayan Biosphere Reserve. cation procedures of the Committees on Ap- retary of State certifies to the Committees (d) AUTHORITY.—Funds appropriated by on Appropriations that the Government of propriations. this Act to carry out the provisions of sec- Sri Lanka is— (b) Notwithstanding section 235(a)(2) of the tions 103 through 106, and chapter 4 of part (A) conducting credible, thorough inves- Foreign Assistance Act of 1961 (22 U.S.C. II, of the Foreign Assistance Act of 1961 may tigations of alleged war crimes and viola- 2195(a)(2)), the authority of subsections (a) be used, notwithstanding any other provision tions of international humanitarian law by through (c) of section 234 of such Act shall of law except for the provisions of this sec- government forces and the Liberation Tigers remain in effect. tion and subject to the regular notification of Tamil Eelam; EXTRADITION procedures of the Committees on Appropria- (B) bringing to justice individuals who SEC. 7068. (a) None of the funds appro- tions, to support climate change and envi- have been credibly alleged to have com- priated in this Act may be used to provide ronment programs. mitted such violations; assistance (other than funds provided under (e) CONSULTATION.—Funds made available (C) supporting and cooperating with any the headings ‘‘International Narcotics Con- pursuant to this section are subject to prior United Nations investigation of alleged war trol and Law Enforcement’’, ‘‘Migration and consultation with, and the regular notifica- crimes and violations of international hu- Refugee Assistance’’, ‘‘Emergency Migration tion procedures of, the Committees on Ap- manitarian law; and Refugee Assistance’’, and ‘‘Nonprolifera- propriations. (f) EXTRACTION OF NATURAL RESOURCES.— (D) respecting due process, the rights of tion, Anti-terrorism, Demining and Related (1) Funds appropriated by this Act shall be journalists, and the rights of citizens to Assistance’’) for the central government of a made available to promote and support peaceful expression and association, includ- country which has notified the Department transparency and accountability of expendi- ing ending arrest and detention under emer- of State of its refusal to extradite to the tures and revenues related to the extraction gency regulations; United States any individual indicted for a of natural resources, including by strength- (E) providing access to detainees by hu- criminal offense for which the maximum ening implementation and monitoring of the manitarian organizations; and penalty is life imprisonment without the Extractive Industries Transparency Initia- (F) implementing policies to promote rec- possibility of parole or for killing a law en- tive, section 8204 of Public Law 110–246, and onciliation and justice including devolution forcement officer, as specified in a United the Kimberley Process Certification Scheme, of power as provided for in the Constitution States extradition request. and by providing technical assistance to proof Sri Lanka. (b) Subsection (a) shall only apply to the mote independent audit mechanisms and (2) Paragraph (2) shall not apply to assist- central government of a country with which support civil society participation in natural ance for humanitarian demining and aerial the United States maintains diplomatic rela- resource management. and maritime surveillance. tions and with which the United States has (2)(A) The Secretary of the Treasury shall (3) If the Secretary makes the certification an extradition treaty and the government of inform the managements of the inter- required in paragraph (2), funds appropriated that country is in violation of the terms and national financial institutions and post on under the heading ‘‘Foreign Military Financ- conditions of the treaty. the Department of the Treasury’s Web site ing Program’’ that are made available for as- (c) The Secretary of State may waive the that it is the policy of the United States to sistance for Sri Lanka should be used to sup- restriction in subsection (a) on a case-by- vote against any assistance by such institu- port the recruitment and training of Tamils case basis if the Secretary certifies to the tions (including but not limited to any loan, into the Sri Lankan military, Tamil lan- Committees on Appropriations that such credit, grant, or guarantee) for the extrac- guage training for Sinhalese military per- waiver is important to the national interests tion and export of a natural resource if the sonnel, and human rights training for all of the United States. government of the country has in place laws military personnel. CLIMATE CHANGE AND ENVIRONMENT PROGRAMS or regulations to prevent or limit the public (4) The Secretary of the Treasury shall in- SEC. 7069. (a) IN GENERAL.—Of the funds ap- disclosure of company payments as required struct the United States executive directors propriated by this Act, up to $1,250,000,000 by section 1504 of Public Law 111–203, and un- of the international financial institutions to may be made available for programs and ac- less such government has in place func- vote against any loan, agreement, or other tivities to— tioning systems in the sector in which as- financial support for Sri Lanka except to (1) reduce, mitigate, and sequester green- sistance is being considered for: meet basic human needs, unless the Sec- house gases that contribute to global cli- (i) accurately accounting for and public retary of State certifies to the Committees mate change; disclosure of payments to the host govern- on Appropriations that the Government of (2) support climate change adaptation; and ment by companies involved in the extrac- Sri Lanka is meeting the requirements in (3) protect biodiversity, including wildlife, tion and export of natural resources; paragraph (2)(D), (E), and (F) of this sub- tropical forests, and other critical land- (ii) the independent auditing of accounts section. scapes. receiving such payments and public disclo- ENTERPRISE FUNDS (b) USES OF CLEAN ENERGY FUNDING.— sure of the findings of such audits; SEC. 7066. (a) Prior to the distribution of Funds appropriated by this Act under the (iii) public disclosure of such documents as any assets resulting from any liquidation, headings ‘‘Development Assistance’’, ‘‘Eco- Host Government Agreements, Concession

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The second sentence of section to meet the requirements of this paragraph. 23(a) of the Arms Export Control Act, as the country where the alleged crime oc- (C) Not later than 180 days after enactment amended, (Public Law 96–29) is further curred and on the United Nations’ Web site. of this Act, the Secretary of the Treasury amended by striking ‘‘and Egypt’’ and in- (4) Of the funds appropriated under title I shall submit a report to the Committees on serting ‘‘, Egypt, and NATO and major non- of this Act that are available for payments Appropriations describing, for each inter- NATO allies’’. to the regular budgets of the United Nations national financial institution, the amount and the Organization of American States, and type of assistance provided, by country, INTERNATIONAL PRISON CONDITIONS and of the funds appropriated under the for the extraction and export of natural re- SEC. 7072. (a) Not later than 180 days after heading ‘‘International Organizations and sources in the preceding 12 months, whether enactment of this Act, the Secretary of Programs’’ in this Act that are available for each institution considered, in providing State shall submit to the Committees on Ap- contributions to United Nations agencies, 10 such assistance, the extent to which the propriations a report, which shall also be percent should not be obligated for any such country has functioning systems, laws or made publicly available including on the De- organization until the Secretary of State re- regulations in place to prevent or limit dis- partment of State’s Web site, describing the ports to the Committees on Appropriations closure of company payments as described in conditions in prisons and other detention fa- that the organization is implementing effec- subparagraph (A). cilities in at least 30 countries receiving tive practices to protect whistleblowers (in- (3) The Secretary of the Treasury or the United States assistance, of which 15 coun- cluding the organization’s employees and Secretary of State, as appropriate, shall in- tries shall be selected based on the Sec- others affected by the organization’s oper- struct the United States executive director retary’s determination that such conditions ations) from retaliation for internal and law- of each international financial institution raise the most serious human rights or hu- ful public disclosures, including— and the United States representatives to all manitarian concerns, and 15 countries shall (A) best practices for legal burdens of forest-related multilateral financing mecha- be selected at random. proof; nisms and processes, that it is the policy of (b) For purposes of each determination (B) access to independent adjudicative bod- the United States to vote against the expan- made pursuant to subsection (a), the Sec- ies, including external arbitration based on sion of industrial scale logging into primary retary shall consider the criteria listed in consensus selection and shared costs; tropical forests. section 7085(b)(1 through 10) of division F of (C) results that eliminate the effects of (g) CLEAN TECHNOLOGY FUND.— Public Law 111–117. proven retaliation; (1) AUTHORIZATION OF APPROPRIATIONS.— (c) Funds appropriated by this Act to carry (D) a minimum of a 6-month statute of For fiscal year 2011, up to $350,000,000 is au- out the provisions of chapters 1 and 11 of limitations for reporting retaliation; and thorized to be appropriated for a United part I and chapter 4 of part II of the Foreign (E) the option of making external disclo- States contribution to the Clean Technology Assistance Act of 1961, and the Support for sures in certain instances, in accordance Fund (the Fund). East European Democracy (SEED) Act of with standards adopted by the United Na- (2) LIMITS ON COUNTRY ACCESS.—The Sec- 1989, shall be made available, notwith- tions Secretariat on December 19, 2005. retary of the Treasury shall use the voice standing section 660 of the Foreign Assist- (5) Of the funds appropriated under the and vote of the United States to ensure ance Act of 1961, for assistance to eliminate heading ‘‘International Organizations and that— inhumane conditions in foreign prisons and Programs’’ in this Act that are available for (A) the Fund does not provide more than 15 other detention facilities. a contribution to the United Nations Devel- percent of Fund resources to any one coun- TRANSPARENCY, ACCOUNTABILITY AND ANTI- opment Program (UNDP), 10 percent should try; KLEPTOCRACY not be obligated until the Secretary of State (B) prior to the obligation of funds from SEC. 7073. (a) UNITED NATIONS.— reports to the Committees on Appropriations the Fund to a recipient country, recipient (1) The Secretary of State, following con- that the UNDP’s management is taking the countries shall submit to the governing body sultation with the Committees on Appropria- necessary steps to demonstrate UNDP’s com- of the Fund, and the governing body of the tions, may withhold from obligation funds mitment to make all audit, oversight, and fi- Fund appropriately reviews and considers, an appropriated under the heading ‘‘Inter- nancial information publicly available as investment plan that will achieve significant national Organizations and Programs’’ for a soon as possible, and to put in place proce- net reductions in national-level greenhouse United States contribution to a United Na- dures for publicly reporting on the results of gas emissions; tions organization or agency if the Secretary UNDP programs worldwide. (C) the investment plan for a recipient determines that such organization or agency (6) Notwithstanding any other provision of country, whose borrowing status is classified is not taking adequate steps to increase law, the Secretary of State should suspend by the World Bank as ‘‘International Devel- transparency and accountability. United States participation in the United opment Association blend’’, shall have at (2) Not later than 45 days after enactment Nations Human Rights Council (the Council) least 15 percent of its total cost for public of this Act, the Secretary of State shall sub- unless the Secretary determines and reports sector activities contributed from the public mit a report to the Committees on Appro- to the Committees on Appropriations that funds of the recipient country, and any re- priations detailing steps taken by the Global continued participation in the Council is in cipient country whose borrowing status is Fund to Fight AIDS, Tuberculosis, and Ma- the national interests of the United States. classified by the World Bank as ‘‘Inter- laria (the Global Fund) to: (b) INTERNATIONAL MONETARY FUND.— national Bank for Reconstruction and Devel- (A) maintain and adopt, as necessary, poli- (1) The terms and conditions of section opment Only’’ status, shall have at least 25 cies and practices to ensure transparency of 7086(b)(1) and (2) of division F of Public Law percent of its total cost for public sector ac- expenditures, including the authority of the 111–117 shall apply to this Act. tivities contributed from public funds of the Global Fund Office of Inspector General (2) The Secretary of the Treasury shall in- recipient country; and (OIG) to publish OIG reports on a public Web struct the United States Executive Director (D) assistance made available by the Fund site without restriction; of the International Monetary Fund (IMF) to is used exclusively to support the deploy- (B) ensure that the OIG has the necessary seek to ensure that any loan will be repaid ment of clean energy technologies in devel- staff, budget, independence, and authority to to the IMF before other private creditors. oping countries (including, where appro- perform functions consistent with its man- (3) The Secretary of the Treasury shall priate, through the provision of technical date, Charter and Terms of Reference, such seek to ensure that the IMF has adopted and support or support for policy or institutional as programmatic audits and evaluations, fi- is implementing effective practices to pro- reforms) in a manner that achieves substan- nancial audits, and investigations of alleged tect whistleblowers (including the IMF’s em- tial net reductions in greenhouse gas emis- misuse, misappropriation and fraud involv- ployees, contract employees, consultants, sions. ing any Global Fund grant resources; and staff of the Board of Executive Directors, (3) DEFINITIONS.—For purposes of this sub- (C) ensure that the Inspector General re- and others affected by the IMF’s operations) section the definitions contained in section ports directly to the Global Fund Board from retaliation for internal and lawful pub- 7081(g)(4) of division F of Public Law 111–117 without interference. lic disclosures, including— shall apply to this Act, except that ‘‘Public (3) Of the funds appropriated under the (A) best practices for legal burdens of Sector Activities’’ shall mean ‘‘Public heading ‘‘Contributions for International proof; Funds’’. Peacekeeping Activities’’ in this Act, 10 per- (B) access to independent adjudicative bod- PROHIBITION ON PROMOTION OF TOBACCO cent should not be obligated until the Sec- ies, including external arbitration based on SEC. 7070. None of the funds provided by retary of State reports to the Committees on consensus selection and shared costs; this Act shall be available to promote the Appropriations that the United Nations Sec- (C) results that eliminate the effects of sale or export of tobacco or tobacco prod- retariat and the governments of countries proven retaliation; and

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IMITATION ON FUNDING.—None of the (1) L this Act under the heading ‘‘Economic Sup- (2) The transfer authorities in this section funds appropriated under titles III and IV of port Fund’’, not less than $5,000,000 shall be shall be available for funds appropriated for this Act may be made available to the cen- made available for programs and activities fiscal year 2012 and for each fiscal year tral government of any country that does administered by the United States Agency thereafter, and are in addition to any trans- not meet minimum standards of fiscal trans- for International Development (USAID) to fer authority otherwise available to the De- parency: , That the Secretary of Provided address the needs and protect and promote partment of State under other provisions of State shall develop ‘‘minimum standards of the rights of people with disabilities in de- law. fiscal transparency’’ to be updated and veloping countries, including initiatives that PROHIBITION ON FIRST-CLASS TRAVEL strengthened, as appropriate, to reflect best focus on independent living, economic self- SEC. 7076. None of the funds made available practices: Provided further, That the Sec- sufficiency, advocacy, education, employ- in this Act may be used for first-class travel retary shall make an annual determination ment, transportation, sports, and integra- by employees of agencies funded by this Act of ‘‘progress’’ or ‘‘no progress’’ for countries tion of individuals with disabilities, includ- in contravention of sections 301–10.122 that do not meet minimum standards of fis- ing for the cost of translation, of which up to through 301–10.124 of title 41, Code of Federal cal transparency and make those determina- $1,000,000 shall be made available to support Regulations. tions publicly available on an annual ‘‘Fiscal disability advocacy organizations to provide Transparency Report’’. MILLENNIUM CHALLENGE CORPORATION training and technical assistance for dis- (2) MINIMUM STANDARDS OF FISCAL TRANS- COMPACTS abled persons organizations in such coun- PARENCY.—For the purposes of paragraph (1), SEC. 7077. (a) EXTENSION OF COMPACTS.— tries. Section 609(j) of the Millennium Challenge ‘‘minimum standards of fiscal transparency’’ (b) Funds appropriated under the heading Act of 2003 (22 U.S.C. 7708(j)) is amended to shall include standards for the public disclo- ‘‘Operating Expenses’’ in title II of this Act read as follows: sure of budget documentation, including re- shall be made available to develop and im- ‘‘(j) EXTENSION OF COMPACT.— ceipts and expenditures by ministry, and plement training for staff in overseas USAID ‘‘(1) IN GENERAL.—Except as provided under government contracts and licenses for nat- missions to promote the full inclusion and paragraph (2), the duration of a Compact ural resource extraction, to include bidding equal participation of people with disabil- shall not exceed 5 years. and concession allocation practices. ities in developing countries. (3) WAIVER.—The Secretary of State may (c) The Secretary of State, the Secretary ‘‘(2) EXCEPTION.—The duration of a Com- waive the limitation on funding in paragraph of the Treasury, and the USAID Adminis- pact may be extended beyond 5 years if the (1) on a country-by-country basis if the Sec- trator shall seek to ensure that, where prac- Board— retary reports to the Committees on Appro- ticable, construction projects funded by this ‘‘(A) determines that a project included in priations that the waiver is important to the Act are accessible to people with disabilities the Compact cannot be completed within 5 national interests of the United States: Pro- and in compliance with the USAID Policy on years; and vided, That such waiver shall identify any Standards for Accessibility for the Disabled, ‘‘(B) approves an extension of the Compact steps taken by the government of the coun- or other similar accessibility standards. that does not extend the total duration of try to publicly disclose its national budget (d) Of the funds made available pursuant to the Compact beyond 7 years. and contracts which are additional to those subsection (a), not more than 7 percent may ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not which were undertaken in previous fiscal be for management, oversight, and technical later than 15 days before the date on which years, include specific recommendations of support. the Board is scheduled to vote on the exten- short and long-term steps such government BUYING POWER MAINTENANCE, INTERNATIONAL sion of a Compact beyond 5 years pursuant to can take to improve budget transparency, ORGANIZATIONS paragraph (2), the Board, acting through the and identify benchmarks for measuring Chief Executive Officer, shall— SEC. 7075. (a) There may be established in progress. the Treasury of the United States a ‘‘Buying ‘‘(A) notify the Committees on Appropria- (4) ASSISTANCE.—Of the funds appropriated Power Maintenance, International Organiza- tions, the Committee on Foreign Relations under title III of this Act, not less than tions’’ account. of the Senate and the Committee on Foreign $5,000,000 should be made available for pro- (b) At the end of each fiscal year, the Sec- Affairs of the House of Representatives, of grams and activities to assist the central retary of State may transfer to, and merge its intent to approve such extension; and governments of countries named in the list with, ‘‘Buying Power Maintenance, Inter- ‘‘(B) provide such committees with a de- required by paragraph (1) to improve budget national Organizations’’ such amounts from tailed explanation for the determination and transparency or to support civil society or- ‘‘Contributions to International Organiza- approval described in paragraph (2).’’. ganizations in such countries that promote tions’’ as the Secretary determines are in ex- (b) CONCURRENT AND SUBSEQUENT COM- budget transparency: Provided, That such cess of the needs of activities funded from PACTS.—Section 609(k) of such Act (22 U.S.C. sums shall be in addition to funds otherwise ‘‘Contributions to International Organiza- 7708(k)) is amended to read as follows: made available for such purposes. tions’’ because of fluctuations in foreign cur- ‘‘(k) CONCURRENT AND SUBSEQUENT COM- (d) ANTI-KLEPTOCRACY.— rency exchange rates. PACTS.— (1) Officials of foreign governments and (c) In order to offset adverse fluctuations ‘‘(1) IN GENERAL.—Subject to paragraph (2), their immediate family members who the in foreign currency exchange rates, the Sec- and in accordance with the requirements of Secretary of State has credible information retary of State may transfer to, and merge this title, an eligible country and the United have been involved in significant corruption, with, ‘‘Contributions to International Orga- States may enter into and have in effect con- including corruption related to the extrac- nizations’’ such amounts from ‘‘Buying current and/or subsequent Compacts. tion of natural resources, shall be ineligible Power Maintenance, International Organiza- ‘‘(2) REQUIREMENTS.—An eligible country for entry into the United States. tions’’ as the Secretary determines are nec- and the United States may enter into con- (2) Individuals shall not be ineligible if essary to provide for the activities funded current or subsequent Compacts if the Board entry into the United States would further from ‘‘Contributions to International Orga- determines that such country— important United States law enforcement nizations’’. ‘‘(A) is making significant, consistent objectives or is necessary to permit the (d)(1) Subject to the limitations contained progress in implementing the terms of its ex- United States to fulfill its obligations under in this section, not later than the end of the isting Compact(s) and supplementary agree- the United Nations Headquarters Agreement: fifth fiscal year after the fiscal year for ments to such Compact(s); and Provided, That nothing in this provision shall which funds are appropriated or otherwise ‘‘(B) will contribute, in the case of a Low be construed to derogate from United States made available for ‘‘Contributions to Inter- Income Country as defined in section 606(a), Government obligations under applicable national Organizations’’, the Secretary of not less than a 7.5 percent contribution of international agreements. State may transfer any unobligated balance the total amount agreed upon for a subse- (3) The Secretary may waive the applica- of such funds to the ‘‘Buying Power Mainte- quent Compact, or in the case of a Lower tion of paragraph (1) if the Secretary deter- nance, International Organizations’’ ac- Middle Income Country (LMIC) as defined in mines that the waiver would serve a compel- count. section 606(b), a 15 percent contribution for a ling national interest or that the cir- (2) The balance of the Buying Power Main- subsequent Compact. cumstances which caused the individual to tenance, International Organizations ac- ‘‘(3) FUNDING.—Millennium Challenge Cor- be ineligible have changed sufficiently. count may not exceed $50,000,000 as a result poration (MCC) shall commit any funding for (4) Not later than 90 days after enactment of any transfer under this subsection. a concurrent Compact at the time it funds of this Act and 180 days thereafter, the Sec- (3) Any transfer pursuant to this sub- the Compact. retary of State shall submit a report, in clas- section shall be treated as a reprogramming ‘‘(4) TIMING.—A concurrent Compact shall sified form if necessary, to the Committees of funds under section 34 of the State Depart- be signed not later than 2 years after the on Appropriations describing the informa- ment Basic Authorities Act of 1956 (22 U.S.C. signing of the earlier compact. tion regarding corruption concerning each of 2706) and shall be available for obligation or ‘‘(5) LIMITATION ON COMPACTS.—The MCC the individuals found ineligible pursuant to expenditure only in accordance with the pro- shall provide no more than 15 years of com- paragraph (1), a list of any waivers provided cedures under such section. pact funding to any country.’’.

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(c) APPLICABILITY.—The amendments made of a provision of law set forth in this section cacy, efficiency, and security of the remote by subsection (a) shall apply with respect to be treated as a Government employee for videoconferencing technology as a method Compacts entered into between the United purposes of the retirement system to which for conducting visa interviews of applicants States and an eligible country under the Mil- such provision relates. and recommendations for whether it should lennium Challenge Act of 2003 (22 U.S.C. 7701 (5) The Inspector General is authorized to be continued, broadened, or modified. et seq.) before, on or after enactment of this obtain services under section 3109 of title 5, (3) No pilot program should be conducted if Act, and those made by subsection (b) shall United States Code, without regard to sub- the Secretary determines and reports to the apply prospectively to new compacts. sections (d)(1) of such section, and is consid- Committees on Appropriations that such (d) MAINTAINING CANDIDATE STATUS FOR ered the head of the agency under subsection program poses an undue security risk and PURPOSES OF INCOME CATEGORY.—Section 606 (b) of such section for purposes of exercising that it cannot be conducted in a manner con- of the Millennium Challenge Act of 2003 (22 this authority. sistent with maintaining security controls. U.S.C. 7705) is amended as follows: (A) Services may be obtained by the In- WORKING CAPITAL FUND (1) Section (a)(1) is amended by striking spector General for a period of up to 1 year, SEC. 7080. (a) The Administrator of the the words ‘‘Fiscal year 2004’’ and inserting with an option to extend such services for an United States Agency for International De- ‘‘In general’’, and by striking the words ‘‘for additional 2 years, and that the total number velopment (the Administrator) is authorized fiscal year 2004’’ and inserting ‘‘for a fiscal of individuals employed under this section to establish a Working Capital Fund (in this year’’. shall not exceed 15 percent of the total De- section referred to as the ‘‘Fund’’). (2) Section (a)(1)(A) is stricken and re- partment of State OIG workforce or 5 per- (b) Funds deposited in the Fund during any placed with the following: ‘‘The country has cent of the total USAID OIG workforce, de- fiscal year shall be available without fiscal a per capita income equal to or below the termined on a full-time equivalent basis. year limitation and used, in addition to World Bank’s lower middle income country (B) The authority to obtain such services other funds available for such purposes, for threshold for the fiscal year involved and is shall expire on September 30, 2014 except agency procurement reform efforts and re- among the 75 lowest per capita income coun- that an individual whose service under this lated administrative costs: Provided, That tries as identified by the World Bank; and’’; subsection is procured before October 1, 2014, such expenses may include— (3) Section (a)(2) is stricken. may continue to provide such service until (1) personal and non-personal services; (4) Section (b)(1)(A) is stricken and re- not later than September 30, 2015. (2) training; placed with the following: ‘‘has a per capita (b) Section 209 of the Foreign Service Act (3) supplies; and income equal to or below the World Bank’s of 1980 (22 U.S.C. 3929) is amended by: (4) other administrative costs related to lower middle income country threshold for (1) striking paragraph (5) in subsection (c); the implementation of procurement reform the fiscal year involved and is not among the and and management of the Fund. 75 lowest per capita income countries as (2) in subsection (d)(2)— (c) There may be deposited during any fis- identified by the World Bank; and’’. (A) adding ‘‘and’’ at the end of subpara- cal year in the Fund up to 1 percent of the (e) Section 606 is amended by inserting the graph (D) total value of obligations entered into by the following— (B) striking ‘‘; and’’ and inserting a period United States Agency for International De- ‘‘(d) INCOME CLASSIFICATION TRANSITION.— at the end of subparagraph (E); and velopment (USAID) from appropriations Any country with a per capita income that (C) striking subparagraph (F). available to USAID and any appropriation changes in a given fiscal year such that the CONSULAR AFFAIRS PILOT PROGRAMS made available for the purpose of providing country would be reclassified in that fiscal SEC. 7079. (a) TOURIST VISA SERVICES PILOT capital: Provided, That receipts from the dis- year from a low income country to a lower PROGRAM.— posal of, or repayments for the loss or dam- middle income country or from a lower mid- (1)(A) The Secretary of State shall imple- age to, property held in the Fund, rebates, dle income country to a low income country ment the necessary steps, including hiring a reimbursements, refunds and other credits shall retain its candidacy status in its sufficient number of consular officers which applicable to the operation of the Fund may former income classification for the fiscal may include limited non-career appointment be deposited into the Fund. year of the country’s transition and the two officers, in the People’s Republic of China, (d) Not later than 45 days after enactment subsequent fiscal years.’’. Brazil, and India to meet the Department of of this Act and any subsequent Act making INSPECTORS GENERAL PERSONNEL State’s standard of interviewing all tourist appropriations for the Department of State, SEC. 7078. (a)(1) The provisions in this sec- visa applicants within 30 days of the date of foreign operations, and related programs, the tion shall apply to the Inspector General of submitting their application. Administrator shall submit to the Commit- the Department of State and the Inspector (B) The Secretary of State shall also con- tees on Appropriations an operating plan for General of the United States Agency for duct a risk and benefit analysis regarding funds deposited in the Fund, which shall in- International Development (USAID). the extension of the expiration period for B– clude the percentage to be charged for the (2) The term ‘‘Government Employee’’ has 1 or B–2 visas for citizens of the People’s Re- current fiscal year. the meaning given the term employee in sec- public of China from 1 year to 2 years before (e) At the close of fiscal year 2013 and at tion 2105 of title 5, United States Code. requiring consular officers to re-interview a the close of each fiscal year thereafter, the (3) The Inspector General may waive any of visa applicant. Administrator shall determine the amounts the following provisions to employ annu- (2) Not later than 90 days after enactment in excess of the needs of the Fund for that itants (individuals who are entitled to bene- of this Act, the Secretary shall submit a re- fiscal year and shall transfer out of the Fund fits under a retirement system for Govern- port to the Committees on Appropriations on any excess amounts to any of the original ment employees): subsections (a) through (d) Consular Affairs programs in the People’s appropriation accounts from which deposits of section 8344 of title 5, United States Code; Republic of China, Brazil, and India includ- were made: Provided, That such transferred subsections (a), (b) and (e) of section 8468 of ing steps the Department of State has taken funds shall remain available without fiscal title 5, United States Code; subsections (a) in these countries to meet the State Depart- year limitation: Provided further, That the through (d) of section 824 of the Foreign ment’s visa processing standards; a 5-year Administrator shall report to the Commit- Service Act of 1980 (22 U.S.C. 4064); and any forecast of non-immigrant visas for each of tees on Appropriation the excess amounts other similar provision of law, as identified these countries and the number of consular and to which appropriation accounts the ex- by the Inspector General in regulations: Pro- officers necessary to meet the State Depart- cess funds will be transferred: Provided fur- vided, That the Inspector General may exer- ment’s standards; a comparison of the De- ther, That such transfers shall be subject to cise this authority: only on a case-by-case partment of State’s 5-year forecast with the the regular notification procedures of the basis and only for so long as is necessary; Commerce Department’s 5-year visitor ar- Committees on Appropriations. when necessary due to exceptional difficulty rival projections; and the impact of the dif- PROCUREMENT REFORM in the recruitment or retention of a qualified ferent projections on visa process times and SEC. 7081. (a) LOCAL COMPETITION.—Not- employee for the position involved or a tem- required number of consular officers. withstanding any other provision of law, the porary emergency hiring need; as long as it (b) VIDEO CONFERENCE PILOT PROGRAM.— Administrator of the United States Agency does not cause the number of employees (1) The Secretary of State may develop and for International Development (the Adminis- within the Office of Inspector General (OIG) conduct a pilot program for the processing of trator) may, with funds made available in employed under this or other similar author- B–1 and B–2 visas using secure remote this Act and prior Acts making appropria- ity to exceed, as of any given date, 15 percent videoconferencing technology as a method tions for the Department of State, foreign of the total OIG workforce, determined on a for conducting visa interviews of applicants, operations, and related programs, award con- full-time equivalent basis; and this authority and in consultation with other Federal agen- tracts and other instruments in which com- is repealed on October 1, 2014, except that an cies that use such secure communications to petition is limited to local entities if doing annuitant re-employed pursuant to the waiv- help ensure security of the video- so would result in cost savings, develop local er in this section before October 1, 2014, may conferencing transmission and encryption. capacity, or enable the Administrator to ini- continue such employment until not later (2) Not later than 90 days after the end of tiate a program or activity in appreciably than September 30, 2015. such a pilot program, the Secretary shall less time than if competition were not so (4) Nothing in this section may be con- submit a report to the Committees on Appro- limited: Provided, That the authority pro- strued to permit or require that any re-em- priations detailing the results of such provided in this section may not be used to ployed annuitant benefitting from a waiver gram including an assessment of the effi- make awards in excess of $5,000,000.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7511 (b) For the purposes of this section, local increase in the capital stock of the Bank, ex- States to 289,391 additional shares of the cap- entity means an individual, a corporation, or cept that any subscription to such additional ital stock of the Bank. another body of persons located in or having shares shall be effective only to such extent ‘‘(2) Any subscription by the United States as its principal place of business or oper- or in such amounts as are provided in ad- to the capital stock of the Bank shall be ef- ations in a country receiving assistance from vance in appropriations Acts. fective only to such extent and in such funds appropriated in title III of this Act. ‘‘(b) LIMITATIONS ON AUTHORIZATION OF AP- amounts as are provided in advance in appro- OPERATING AND SPEND PLANS PROPRIATIONS.— priations Acts. ‘‘(b) LIMITATIONS ON AUTHORIZATION OF AP- SEC. 7082. (a) OPERATING PLANS.—Not later ‘‘(1) In order to pay for the increase in the than 45 days after the date of enactment of United States subscription to the Bank PROPRIATIONS.— this Act, each department, agency or organi- under subsection (a)(2)(B), there are author- ‘‘(1) In order to pay for the increase in the zation funded in titles I and II, and the De- ized to be appropriated, without fiscal year United States subscription to the Bank partment of the Treasury and Independent limitation, $9,780,361,991 for payment by the under subsection (a), there are authorized to Agencies funded in title III of this Act shall Secretary of the Treasury. be appropriated, without fiscal year limita- submit to the Committees on Appropriations ‘‘(2) Of the amount authorized to be appro- tion, $4,322,228,221 for payment by the Sec- an operating plan for funds appropriated to priated under paragraph (2)(A)— retary of the Treasury. such department, agency, or organization in ‘‘(A) $586,821,720 shall be for paid in shares ‘‘(2) Of the amount authorized to be appro- such titles of this Act, or funds otherwise of the Bank; and priated under paragraph (1)— available for obligation in fiscal year 2012, ‘‘(B) $9,193,540,271 shall be for callable ‘‘(A) $259,341,759 shall be for paid in shares that provides details of the use of such funds shares of the Bank.’’. of the Bank; and at the program, project, and activity level. (b) INTERNATIONAL FINANCE CORPORATION.— ‘‘(B) $4,062,886,462 shall be for callable (b) SPEND PLANS.—Prior to the initial obli- The International Finance Corporation Act, shares of the Bank.’’. gation of funds, the Secretary of State, in Public Law 84–350, as amended (22 U.S.C. 282 (e) EUROPEAN BANK FOR RECONSTRUCTION consultation with the Administrator of the et seq.), is further amended by adding at the AND DEVELOPMENT.—The European Bank for United States Agency for International De- end thereof the following new section: Reconstruction and Development Act, Sec- velopment, shall submit to the Committees ‘‘SEC. 17. SELECTIVE CAPITAL INCREASE AND tion 562(c) of Public Law 101–513, as amended on Appropriations a detailed spend plan, AMENDMENT OF THE ARTICLES OF (22 U.S.C. 290l et seq.), is further amended by which shall include achievable and sustain- AGREEMENT. adding at the end thereof the following new able goals, benchmarks for measuring ‘‘(a) VOTE AUTHORIZED.—The United States paragraph: progress, and expected results, for the fol- Governor of the Corporation is authorized to ‘‘(12) CAPITAL INCREASE.— lowing— vote in favor of a resolution to increase the ‘‘(A) SUBSCRIPTION AUTHORIZED.— (1) funds appropriated under the heading capital stock of the Corporation by ‘‘(i) The United States Governor of the ‘‘Democracy Fund’’; $130,000,000. Bank may subscribe on behalf of the United (2) funds made available in titles III and IV ‘‘(b) AMENDMENT OF THE ARTICLES OF States up to 90,044 additional callable shares of this Act for assistance for Afghanistan, AGREEMENT.—The United States Governor of of the capital stock of the Bank in accord- Pakistan, Iraq, Haiti, Colombia, and Mexico, the Corporation is authorized to agree to and ance with Resolution No. 128 as adopted by for the Caribbean Basin Security Initiative, accept an amendment to Article IV, Section the Board of Governors of the Bank on May and the Central American Regional Security 3(a) of the Articles of Agreement of the Cor- 14, 2010. Initiative; and poration that achieves an increase in basic ‘‘(ii) Any subscription by the United States (3) funds appropriated in title III for food votes to 5.55 percent of total votes.’’. to additional capital stock of the Bank shall security and agriculture development pro- (c) INTER-AMERICAN DEVELOPMENT BANK.— be effective only to such extent and in such grams and for climate change and environ- The Inter-American Development Bank Act, amounts as are provided in advance in appro- ment programs. Public Law 86–147, as amended (22 U.S.C. 283 priations Acts. (c) NOTIFICATIONS.—The spend plans ref- et seq.), is further amended by adding at the ‘‘(B) LIMITATIONS ON AUTHORIZATION OF AP- erenced in subsection (b) shall not be consid- end thereof the following new section: PROPRIATIONS.—In order to pay for the in- ered as meeting the notification require- ‘‘SEC. 41. NINTH CAPITAL INCREASE. crease in the United States subscription to ments under section 7015 of this Act or under ‘‘(a) VOTE AUTHORIZED.—The United States the Bank under subsection (A), there are au- section 634A of the Foreign Assistance Act of Governor of the Bank is authorized to vote thorized to be appropriated, without fiscal 1961. in favor of a resolution to increase the cap- year limitation, up to $1,252,331,952 for payment by the Secretary of the Treasury.’’. AUTHORITY FOR CAPITAL INCREASES ital stock of the Bank by $70,000,000,000 as described in Resolution AG–7/10, ‘Report on the AUTHORITY FOR REPLENISHMENTS SEC. 7083. (a) INTERNATIONAL BANK FOR RE- Ninth General Capital Increase in the re- CONSTRUCTION AND DEVELOPMENT.—The SEC. 7084. (a) INTERNATIONAL DEVELOPMENT Bretton Woods Agreements Act, as amended sources of the Inter-American Development ASSOCIATION.—The International Develop- (22 U.S.C. 286 et seq.), is further amended by Bank’ as approved by Governors on July 21, ment Association Act, Public Law 86–565, as adding at the end thereof the following new 2010. amended (22 U.S.C. 284 et seq.), is further sections: ‘‘(b) SUBSCRIPTION AUTHORIZED.— amended by adding at the end thereof the ‘‘(1) The United States Governor of the ‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO following new sections: THE ARTICLES OF AGREEMENT OF Bank may subscribe on behalf of the United ‘‘SEC. 26. SIXTEENTH REPLENISHMENT. THE BANK TO INCREASE BASIC States to 1,741,135 additional shares of the ‘‘(a) The United States Governor of the VOTES. capital stock of the Bank. International Development Association is ‘‘The United States Governor of the Bank ‘‘(2) Any subscription by the United States authorized to contribute on behalf of the may accept on behalf of the United States to the capital stock of the Bank shall be ef- United States $4,075,500,000 to the sixteenth the amendment to the Articles of Agreement fective only to such extent and in such replenishment of the resources of the Asso- of the Bank as proposed in resolution No. 596, amounts as are provided in advance in appro- ciation, subject to obtaining the necessary entitled ‘Enhancing Voice and Participation priations Acts. appropriations. of Developing and Transition Countries,’ of ‘‘(c) LIMITATIONS ON AUTHORIZATION OF AP- ‘‘(b) In order to pay for the United States the Board of Governors of the Bank that was PROPRIATIONS.— contribution provided for in subsection (a), approved by such Board on January 30, 2009. ‘‘(1) In order to pay for the increase in the there are authorized to be appropriated, ‘‘SEC. 70. CAPITAL STOCK INCREASES. United States subscription to the Bank without fiscal year limitation, $4,075,500,000 ‘‘(a) INCREASES AUTHORIZED.—The United under subsection (b), there are authorized to for payment by the Secretary of the Treas- States Governor of the Bank is authorized— be appropriated, without fiscal year limita- ury. ‘‘(1)(A) to vote in favor of a resolution to tion, $21,004,064,337 for payment by the Sec- ‘‘SEC. 27. MULTILATERAL DEBT RELIEF. increase the capital stock of the Bank on a retary of the Treasury. ‘‘(a) The Secretary of the Treasury is au- selective basis by 230,374 shares; and ‘‘(2) Of the amount authorized to be appro- thorized to contribute, on behalf of the ‘‘(B) to subscribe on behalf of the United priated under paragraph (1)— United States, not more than $474,000,000 to States to 38,459 additional shares of the cap- ‘‘(A) $510,090,175 shall be for paid in shares the International Development Association ital stock of the Bank, as part of the selec- of the Bank; and for the purpose of funding debt relief cost tive increase in the capital stock of the ‘‘(B) $20,493,974,162 shall be for callable under the Multilateral Debt Relief Initiative Bank, except that any subscription to such shares of the Bank.’’. incurred in the period governed by the six- additional shares shall be effective only to (d) AFRICAN DEVELOPMENT BANK.—The Af- teenth replenishment of resources of the such extent or in such amounts as are pro- rican Development Bank Act, Public Law 97– International Development Association, sub- vided in advance in appropriations Acts; 35, as amended (22 U.S.C. 290i et seq.), is fur- ject to obtaining the necessary appropria- ‘‘(2)(A) to vote in favor of a resolution to ther amended by adding at the end thereof tions and without prejudice to any funding increase the capital stock of the Bank on a the following new section: arrangements in existence on the date of the general basis by 484,102 shares; and ‘‘SEC. 1344. SIXTH CAPITAL INCREASE. enactment of this section. ‘‘(B) to subscribe on behalf of the United ‘‘(a) SUBSCRIPTION AUTHORIZED.— ‘‘(b) In order to pay for the United States States to 81,074 additional shares of the cap- ‘‘(1) The United States Governor of the contribution provided for in subsection (a), ital stock of the Bank, as part of the general Bank may subscribe on behalf of the United there are authorized to be appropriated,

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7512 CONGRESSIONAL RECORD — SENATE November 15, 2011 without fiscal year limitation, not more violate United States law if provided in the oversight: Provided, That each amount in than $474,000,000 for payment by the Sec- United States; and this paragraph is designated by Congress as retary of the Treasury. ‘‘(2) a foreign nongovernmental organiza- being for overseas contingency operations ‘‘(c) In this section, the term ‘Multilateral tion shall not be subject to requirements re- pursuant to section 251(b)(2)(A)(ii) of the Bal- Debt Relief Initiative’ means the proposal lating to the use of non-United States Gov- anced Budget and Emergency Deficit Control set out in the G8 Finance Ministers’ ernment funds for advocacy and lobbying ac- Act of 1985 (Public Law 99–177), as amended. Communique´ entitled ‘Conclusions on Devel- tivities other than those that apply to CONTRIBUTIONS FOR INTERNATIONAL opment’, done at London, June 11, 2005, and United States nongovernmental organiza- PEACEKEEPING ACTIVITIES reaffirmed by G8 Heads of State at the tions receiving assistance under this part.’’. For an additional amount for ‘‘Contribu- Gleneagles Summit on July 8, 2005.’’. (RESCISSIONS) tions for International Peacekeeping Activi- (b) AFRICAN DEVELOPMENT BANK.—The Af- SEC. 7087. (a) Of the funds appropriated in ties’’, $17,900,000, to remain available until rican Development Fund Act, Public Law 94– prior Acts making appropriations for the De- September 30, 2013: Provided, That this 302, as amended (22 U.S.C. 290g et seq.), is fur- partment of State, foreign operations, and amount is designated by Congress as being ther amended by adding at the end thereof related programs under the heading ‘‘Diplo- for overseas contingency operations pursu- the following new sections: matic and Consular Programs’’, $13,700,000 ant to section 251(b)(2)(A)(ii) of the Balanced ‘‘SEC. 221. TWELFTH REPLENISHMENT. are rescinded, of which $8,000,000 shall be Budget and Emergency Deficit Control Act ‘‘(a) The United States Governor of the from funds for Worldwide Security Protec- of 1985 (Public Law 99–177), as amended. Fund is authorized to contribute on behalf of tion: Provided, That no amounts may be re- UNITED STATES INSTITUTE FOR PEACE the United States $585,000,000 to the twelfth scinded from amounts that were designated For an additional amount for ‘‘United replenishment of the resources of the Fund, by Congress as an emergency requirement subject to obtaining the necessary appropria- States Institute for Peace’’, $8,411,000, to re- pursuant to a concurrent resolution on the main available until September 30, 2013: Pro- tions. budget or the Balanced Budget and Emer- ‘‘(b) In order to pay for the United States vided, That this amount is designated by gency Deficit Control Act of 1985. Congress as being for overseas contingency contribution provided for in subsection (a), (b) Of the unexpended balances available operations pursuant to section 251(b)(2)(A)(ii) there are authorized to be appropriated, under the heading ‘‘Export and Investment of the Balanced Budget and Emergency Def- without fiscal year limitation, $585,000,000 Assistance, Export-Import Bank of the icit Control Act of 1985 (Public Law 99–177), for payment by the Secretary of the Treas- United States, Subsidy Appropriation’’ from as amended. ury. prior Acts making appropriations for the De- ‘‘SEC. 222. MULTILATERAL DEBT RELIEF. partment of State, foreign operations, and UNITED STATES AGENCY FOR ‘‘(a) The Secretary of the Treasury is au- related programs, $300,000,000 are rescinded. INTERNATIONAL DEVELOPMENT thorized to contribute, on behalf of the (c) Of the unexpended balances available to FUNDS APPROPRIATED TO THE PRESIDENT United States, not more than $60,000,000 to the President for bilateral economic assist- OPERATING EXPENSES the African Development Fund for the pur- ance under the heading ‘‘Economic Support For an additional amount for ‘‘Operating pose of funding debt relief costs under the Fund’’ from prior Acts making appropria- Expenses’’, $106,000,000, to remain available Multilateral Debt Relief Initiative incurred tions for the Department of State, foreign until September 30, 2013: Provided, That this in the period governed by the twelfth replen- operations, and related programs, $150,000,000 amount is designated by Congress as being ishment of resources of the African Develop- are rescinded: Provided, That no amounts for overseas contingency operations pursu- ment Fund, subject to obtaining the nec- may be rescinded from amounts that were ant to section 251(b)(2)(A)(ii) of the Balanced essary appropriations and without prejudice designated by Congress as an emergency re- Budget and Emergency Deficit Control Act to any funding arrangements in existence on quirement pursuant to a concurrent resolu- of 1985 (Public Law 99–177), as amended. the date of the enactment of this section. tion on the budget or the Balanced Budget OFFICE OF INSPECTOR GENERAL ‘‘(b) In order to pay for the United States and Emergency Deficit Control Act of 1985. contribution provided for in subsection (a), (d) The Secretary of State, as appropriate, For an additional amount for ‘‘Office of In- there are authorized to be appropriated, shall consult with the Committees on Appro- spector General’’, $2,000,000, to remain avail- without fiscal year limitation, not more priations prior to implementing the rescis- able until September 30, 2013: Provided, That than $60,000,000 for payment by the Secretary sions made in this section. this amount is designated by Congress as of the Treasury. TITLE VIII being for overseas contingency operations ‘‘(c) In this section, the term ‘Multilateral pursuant to section 251(b)(2)(A)(ii) of the Bal- Debt Relief Initiative’ means the proposal OVERSEAS CONTINGENCY OPERATIONS anced Budget and Emergency Deficit Control set out in the G8 Finance Ministers’ DEPARTMENT OF STATE Act of 1985 (Public Law 99–177), as amended. Communique´ entitled ‘Conclusions on Devel- ADMINISTRATION OF FOREIGN AFFAIRS BILATERAL ECONOMIC ASSISTANCE opment’, done at London, June 11, 2005, and DIPLOMATIC AND CONSULAR PROGRAMS FUNDS APPROPRIATED TO THE PRESIDENT reaffirmed by G8 Heads of State at the (INCLUDING TRANSFER OF FUNDS) Gleneagles Summit on July 8, 2005.’’. INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘Diplomatic For an additional amount for ‘‘Inter- AUTHORITY FOR THE FUND FOR SPECIAL and Consular Programs’’, $3,773,701,000, to re- national Disaster Assistance’’, $150,000,000, to OPERATIONS main available until September 30, 2013, of remain available until September 30, 2013: SEC. 7085. Up to $36,000,000 of funds appro- which $236,201,000 is for Worldwide Security Provided, That this amount is designated by priated for the account ‘‘Department of the Protection and shall remain available until Congress as being for overseas contingency Treasury, Debt Restructuring’’ by the Full- expended: Provided, That the Secretary of operations pursuant to section 251(b)(2)(A)(ii) Year Continuing Appropriations Act, 2011 State may transfer up to $230,000,000 of the of the Balanced Budget and Emergency Def- (Public Law 112–10, Division B) may be made total funds made available under this head- icit Control Act of 1985 (Public Law 99–177), available for the United States share of an ing to any other appropriation of any depart- as amended. increase in the resources of the Fund for ment or agency of the United States, upon TRANSITION INITIATIVES Special Operations of the Inter-American the concurrence of the head of such depart- Development Bank in furtherance of debt re- ment or agency, to support operations in and For an additional amount for ‘‘Transition lief provided to Haiti in view of the Cancun assistance for Afghanistan and to carry out Initiatives’’, $3,500,000, to remain available Declaration of March 21, 2010. the provisions of the Foreign Assistance Act until September 30, 2013: Provided, That this amount is designated by Congress as being ASSISTANCE FOR FOREIGN NONGOVERNMENTAL of 1961: Provided further, That funds appro- for overseas contingency operations pursu- ORGANIZATIONS priated under this heading may be made ant to section 251(b)(2)(A)(ii) of the Balanced SEC. 7086. Part I of the Foreign Assistance available pursuant to the authority of section 7032(u) of this Act: Provided further, Budget and Emergency Deficit Control Act Act of 1961 (22 U.S.C. 2151 et seq.) is amended of 1985 (Public Law 99–177), as amended. by inserting after section 104C, the following That each amount in this paragraph is des- COMPLEX CRISES FUND new section: ignated by Congress as being for overseas ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. contingency operations pursuant to section For an additional amount for ‘‘Complex 251(b)(2)(A)(ii) of the Balanced Budget and ‘‘Notwithstanding any other provision of Crises Fund’’, $45,000,000, to remain available Emergency Deficit Control Act of 1985 (Pub- law, regulation, or policy, in determining until September 30, 2013: Provided, That this lic Law 99–177), as amended. eligibility for assistance authorized under amount is designated by Congress as being sections 104, 104A, 104B, and 104C— OFFICE OF INSPECTOR GENERAL for overseas contingency operations pursu- ‘‘(1) a foreign nongovernmental organiza- For an additional amount for ‘‘Office of In- ant to section 251(b)(2)(A)(ii) of the Balanced tion shall not be ineligible for such assist- spector General’’, $63,954,000, to remain Budget and Emergency Deficit Control Act ance solely on the basis of health or medical available until September 30, 2013, of which of 1985 (Public Law 99–177), as amended. services, including counseling and referral $16,317,000 shall be for the Special Inspector ECONOMIC SUPPORT FUND services, provided by such organization with General for Iraq Reconstruction for recon- For an additional amount for ‘‘Economic non-United States Government funds if such struction oversight, and $44,387,000 shall be Support Fund’’, $1,172,821,000, to remain services are permitted in the country in for the Special Inspector General for Afghan- available until September 30, 2013: Provided, which they are being provided and would not istan Reconstruction for reconstruction That this amount is designated by Congress

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7513 as being for overseas contingency operations partment of Defense or other Federal depart- partment of Defense: Provided further, That pursuant to section 251(b)(2)(A)(ii) of the Bal- ments or agencies to support counter-insur- the amounts in this account may be used for anced Budget and Emergency Deficit Control gency operations and may be merged with, necessary administrative expenses of the Act of 1985 (Public Law 99–177), as amended. and be available, for the same purposes and agencies planning and carrying out pro- MIGRATION AND REFUGEE ASSISTANCE for the same time period as the appropria- grams: Provided further, That the head of any tion or fund to which transferred or may be agency may detail personnel to the Depart- For an additional amount for ‘‘Migration transferred pursuant to the authorities con- ment of State to carry out activities funded and Refugee Assistance’’, $100,000,000, to retained in the Foreign Assistance Act of 1961: under this heading with or without reim- main available until September 30, 2013: Pro- Provided further, That the Secretary of State bursement for all or part of the costs of sala- vided, That this amount is designated by shall, not fewer than 15 days prior to making ries and other expenses associated with such Congress as being for overseas contingency transfers from this appropriation, notify the personnel: Provided further, that no obliga- operations pursuant to section 251(b)(2)(A)(ii) Committees on Appropriations, in writing, of tion or transfer of funds may be made unless of the Balanced Budget and Emergency Def- the details of any such transfer: Provided fur- the Secretary of State and the Secretary of icit Control Act of 1985 (Public Law 99–177), ther, That the Secretary of State shall sub- Defense have notified the Committees on Ap- as amended. mit not later than 30 days after the end of propriations at least 15 days prior to any INTERNATIONAL SECURITY ASSISTANCE each fiscal quarter to the Committees on Ap- such obligation or transfer: Provided further, DEPARTMENT OF STATE propriations a report in writing summa- That the amount in this paragraph is designated by Congress as being for overseas INTERNATIONAL NARCOTICS CONTROL AND LAW rizing, on a project-by-project basis, the uses contingency operations pursuant to section ENFORCEMENT of funds under this heading: Provided further, That upon determination by the Secretary of 251(b)(2)(A)(ii) of the Balanced Budget and For an additional amount for ‘‘Inter- Emergency Deficit Control Act of 1985 (Pub- national Narcotics Control and Law Enforce- State, with the concurrence of the Secretary of Defense, that all or part of the funds so lic Law 99–177), as amended. ment’’, $1,163,000,000, to remain available GENERAL PROVISIONS until September 30, 2013: Provided, That this transferred from this appropriation are not amount is designated by Congress as being necessary for the purposes herein, such SEC. 8001. Notwithstanding any other provision of law, funds made available under the for overseas contingency operations pursu- amounts may be transferred by the head of heading ‘‘Overseas Contingency Operations’’ ant to section 251(b)(2)(A)(ii) of the Balanced the relevant Federal department or agency are in addition to amounts appropriated or Budget and Emergency Deficit Control Act back to this appropriation and shall be avail- otherwise made available for the Depart- of 1985 (Public Law 99–177), as amended. able for the same purposes and for the same time period as originally appropriated: Pro- ment of State for fiscal year 2012. NONPROLIFERATION, ANTI-TERRORISM, vided further, That any required notification SEC. 8002. Unless otherwise provided for in DEMINING AND RELATED PROGRAMS or report may be submitted in classified this Act, additional amounts appropriated For an additional amount for ‘‘Non- form: Provided further, That the amount in under the heading ‘‘Overseas Contingency proliferation, Anti-terrorism, Demining and this paragraph is designated by Congress as Operations’’ to appropriation accounts in this Act shall be available under the authori- Related Programs’’, $27,500,000, to remain being for overseas contingency operations ties and conditions applicable to such appro- available until September 30, 2013: Provided, pursuant to section 251(b)(2)(A)(ii) of the Bal- priations accounts. That this amount is designated by Congress anced Budget and Emergency Deficit Control SEC. 8003. Notwithstanding any other pro- as being for overseas contingency operations Act of 1985 (Public Law 99–177), as amended. pursuant to section 251(b)(2)(A)(ii) of the Bal- vision of law except section 620M of the For- GLOBAL SECURITY CONTINGENCY FUND anced Budget and Emergency Deficit Control eign Assistance Act, as amended by this Act, Act of 1985 (Public Law 99–177), as amended. (INCLUDING TRANSFER OF FUNDS) funds appropriated by this title may be There is hereby established in the Treas- transferred to, and merged with, funds ap- PEACEKEEPING OPERATIONS ury of the United States the ‘‘Global Secu- propriated by this title under the headings For an additional amount for ‘‘Peace- rity Contingency Fund’’. ‘‘Diplomatic and Consular Programs’’, keeping Operations’’, $30,000,000, to remain For necessary expenses to carry out the ‘‘Worldwide Security Protection’’, ‘‘Office of available until September 30, 2013: Provided, provisions of the Foreign Assistance Act of Inspector General’’, ‘‘Contributions for That this amount is designated by Congress 1961 and the Arms Export Control Act to pro- International Peacekeeping Activities’’, as being for overseas contingency operations vide assistance, notwithstanding any other ‘‘United States Institute for Peace’’, ‘‘United pursuant to section 251(b)(2)(A)(ii) of the Bal- provision of law except sections 620A and States Agency for International Develop- anced Budget and Emergency Deficit Control 620M of the Foreign Assistance Act of 1961, as ment, Funds Appropriated to the President, Act of 1985 (Public Law 99–177), as amended. amended by this Act, for countries des- Operating Expenses’’, ‘‘United States Agency FUNDS APPROPRIATED TO THE PRESIDENT ignated by the Secretary of State to enhance for International Development, Funds Ap- propriated to the President, Office of Inspec- FOREIGN MILITARY FINANCING PROGRAM the capabilities of military and police forces, tor General’’, ‘‘International Disaster Assist- For an additional amount for ‘‘Foreign and other security forces that conduct border and maritime security, internal security, ance’’, ‘‘Transition Initiatives’’, ‘‘Complex Military Financing Program’’, $989,000,000, to Crises Fund’’, ‘‘Economic Support Fund’’, remain available until September 30, 2013: and counter-terrorism operations, as well as government agencies responsible for such ‘‘Migration and Refugee Assistance’’, ‘‘Inter- Provided, That this amount is designated by national Narcotics Control and Law Enforce- forces, and to strengthen democratic institu- Congress as being for overseas contingency ment’’, ‘‘Nonproliferation, Anti-terrorism, tions including the justice sector (including operations pursuant to section 251(b)(2)(A)(ii) Demining, and Related Programs’’, ‘‘Peace- corrections) and respect for human rights of the Balanced Budget and Emergency Def- keeping Operations’’, ‘‘Foreign Military Fi- and the rule of law, where the Secretary of icit Control Act of 1985 (Public Law 99–177), nancing Program’’, ‘‘Pakistan Counter-in- as amended. State, in consultation with the Secretary of surgency Capability Fund’’, and ‘‘Global Sta- Defense, determines that conflict or instability Contingency Fund’’: Provided, That PAKISTAN COUNTER-INSURGENCY CAPABILITY bility in a country or region significantly FUND such transfers shall be subject to the regular challenges the local capacity to deliver such notification procedures of the Committees (INCLUDING TRANSFER OF FUNDS) assistance, $50,000,000, to remain available on Appropriations: Provided further, That the For necessary expenses to carry out the until September 30, 2013: Provided, That such transfer authority in this section is in addi- provisions of chapter 8 of part I and chapters assistance programs shall be formulated by tion to any transfer authority otherwise 2, 5, 6, and 8 of part II of the Foreign Assist- the Secretary of State in consultation with available under any other provision of law, ance Act of 1961 and section 23 of the Arms the Secretary of Defense: Provided further, including section 610 of the Foreign Assist- Export Control Act, $1,000,000,000, to remain That programs carried out under this head- ance Act which may be exercised by the Sec- available until September 30, 2012, for the ing shall be approved by the Secretary of retary of State for the purposes of this title. purpose of providing assistance for Pakistan State, in consultation with the Secretary of This Act may be cited as the ‘‘Department to build and maintain the counter-insur- Defense, prior to implementation: Provided of State, Foreign Operations, and Related gency capability of Pakistani security forces further, That the authorities and require- Programs Appropriations Act, 2012’’. (including the Frontier Corps), to include ments of the Foreign Assistance Act of 1961 program management, training in civil-mili- shall apply to funds made available under SA 957. Mr. REID proposed an amend- tary humanitarian assistance, human rights this heading: Provided further, That funds ment to the bill H.R. 2354, making ap- training, and the provision of equipment, made available to the Department of Defense propriations for energy and water de- supplies, services, training, and facility and in fiscal year 2012 may be transferred to, and velopment and related agencies for the infrastructure repair, renovation, and con- merged with, funds appropriated under this fiscal year ending September 30, 2012, struction: Provided, That notwithstanding heading by the Secretary of Defense: Pro- any other provision of law except section vided further, That funds made available and for other purposes; as follows: 620M of the Foreign Assistance Act of 1961, as under this heading may be transferred to the Strike out all after the enacting clause and amended by this Act, such funds shall be most appropriate agency or account to fa- insert the following: available to the Secretary of State, with the cilitate the provision of such assistance: Pro- DIVISION A—ENERGY AND WATER concurrence of the Secretary of Defense: Pro- vided further, That the transfer authorities DEVELOPMENT AND RELATED AGENCIES vided further, That such funds may be trans- under this paragraph are in addition to any The following sums are appropriated, out ferred by the Secretary of State to the De- other transfer authority available to the De- of any money in the Treasury not otherwise

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appropriated, for energy and water develop- the Corps, including administrative build- ADMINISTRATIVE PROVISION ment and related agencies for the fiscal year ings and laboratories; maintaining harbor The Revolving Fund, Corps of Engineers, ending September 30, 2012, and for other pur- channels provided by a State, municipality, shall be available during the current fiscal poses, namely: or other public agency that serve essential year for purchase (not to exceed 100 for re- TITLE I navigation needs of general commerce, placement only) and hire of passenger motor where authorized by law; surveying and CORPS OF ENGINEERS—CIVIL vehicles for the civil works program. charting northern and northwestern lakes GENERAL PROVISIONS—CORPS OF ENGINEERS— DEPARTMENT OF THE ARMY and connecting waters; clearing and CIVIL CORPS OF ENGINEERS—CIVIL straightening channels; and removing ob- SEC. 101. (a) None of the funds provided in The following appropriations shall be ex- structions to navigation, $2,360,000,000, to re- title I of this Act, or provided by previous pended under the direction of the Secretary main available until expended, of which such appropriations Acts to the agencies or enti- of the Army and the supervision of the Chief sums as are necessary to cover the Federal ties funded in title I of this Act that remain of Engineers for authorized civil functions of share of eligible operation and maintenance available for obligation or expenditure in fis- the Department of the Army pertaining to costs for coastal harbors and channels, and cal year 2010, shall be available for obliga- rivers and harbors, flood and storm damage for inland harbors shall be derived from the tion or expenditure through a reprogram- reduction, short protection, aquatic eco- Harbor Maintenance Trust Fund; of which ming of funds that: such sums as become available from the spe- system restoration, and related efforts. (1) creates or initiates a new program, cial account for the Corps established by the project, or activity; GENERAL INVESTIGATIONS Land and Water Conservation Act of 1965 (16 (2) eliminates a program, project, or activ- For expenses necessary where authorized U.S.C. 460l–6a(i)) shall be derived from that ity; by law for the collection and study of basic account for resource protection, research, in- (3) increases funds or personnel for any information pertaining to river and harbor, terpretation, and maintenance activities reprogram, project, or activity for which funds flood and storm damage reduction, shore lated to resource protection in areas man- have been denied or restricted by this Act, protection, aquatic ecosystem restoration, aged by the Corps at which outdoor recre- unless prior approval is received from the and related needs; for surveys and detailed ation is available; and of which such sums as House and Senate Committees on Appropria- studies, and plans and specifications of pro- become available from fees collected under tions; posed river and harbor, flood and storm dam- section 217 of Public Law 104–303 shall be (4) proposes to use funds directed for a spe- age reduction, shore protection, and aquatic used to cover the cost of operation and main- cific activity for a different purpose, unless ecosystem restoration projects and related tenance of the dredged material disposal fa- prior approval is received from the House efforts prior to construction; for restudy of cilities for which such fees have been col- and Senate Committees on Appropriations; authorized projects; and for miscellaneous lected. (5) augments or reduces existing programs, investigations and, when authorized by law, REGULATORY PROGRAM surveys and detailed studies, and plans and projects or activities in excess of the For expenses necessary for administration specifications of projects prior to construc- amounts contained in subsections 6 through of laws pertaining to regulation of navigable tion, $125,000,000, to remain available until 10, unless prior approval is received from the waters and wetlands, $193,000,000, to remain expended. House and Senate Committees on Appropria- available until September 30, 2013. tions; CONSTRUCTION, GENERAL FORMERLY UTILIZED SITES REMEDIAL ACTION (6) GENERAL INVESTIGATIONS.—For a base (INCLUDING TRANSFER OF FUNDS) PROGRAM level over $100,000, reprogramming of 25 per- For expenses necessary for the construc- For expenses necessary to clean up con- cent of the base amount up to a limit of tion of river and harbor, flood and storm tamination from sites in the United States $150,000 per project, study or activity is al- damage reduction, shore protection, aquatic resulting from work performed as part of the lowed: Provided, That for a base level less ecosystem restoration, and related projects Nation’s early atomic energy program, than $100,000, the reprogramming limit is authorized by law; for conducting detailed $109,000,000, to remain available until ex- $25,000: Provided further, That up to $25,000 studies, and plans and specifications, of such pended. may be reprogrammed into any continuing projects (including those involving participa- FLOOD CONTROL AND COASTAL EMERGENCIES study or activity that did not receive an ap- tion by States, local governments, or private For expenses necessary to prepare for propriation for existing obligations and con- groups) authorized or made eligible for selec- flood, hurricane, and other natural disasters comitant administrative expenses; tion by law (but such detailed studies, and and support emergency operations, repairs, (7) CONSTRUCTION, GENERAL.—For a base plans and specifications, shall not constitute and other activities in response to such dis- level over $2,000,000, reprogramming of 15 a commitment of the Government to con- asters as authorized by law, $27,000,000, to re- percent of the base amount up to a limit of struction); $1,610,000,000, to remain available main available until expended. $3,000,000 per project, study or activity is al- until expended; of which such sums as are lowed: Provided, That for a base level less GENERAL EXPENSES necessary to cover the Federal share of con- than $2,000,000, the reprogramming limit is struction costs for facilities under the For expenses necessary for the supervision $300,000: Provided further, That up to $3,000,000 Dredged Material Disposal Facilities pro- and general administration of the civil may be reprogrammed for settled contractor gram shall be derived from the Harbor Main- works program in the headquarters of the claims, changed conditions, or real estate de- tenance Trust Fund as authorized by Public United States Army Corps of Engineers and ficiency judgments: Provided further, That up Law 104–303; and of which such sums as are the offices of the Division Engineers; and for to $300,000 may be reprogrammed into any necessary to cover one-half of the costs of the management and operation of the Hum- continuing study or activity that did not reconstruction, replacement, rehabilitation, phreys Engineer Center Support Activity, ceive an appropriation for existing obliga- and expansion of inland waterways projects the Institute for Water Resources, the tions and concomitant administrative ex- (including only Lock and Dam 27, Mississippi United States Army Engineer Research and penses; River, Illinois; Lock and Dams 2, 3, and 4 Development Center, and the United States (8) OPERATION AND MAINTENANCE.—Unlim- Monongahela River, Pennsylvania; Olmsted Army Corps of Engineers Finance Center, ited reprogramming authority is granted in Lock and Dam, Illinois and Kentucky; and $185,000,000, to remain available until Sep- order for the Corps to be able to respond to Emsworth Locks and Dam, Ohio River, tember 30, 2013, of which not to exceed $5,000 emergencies: Provided, That the Chief of En- Pennsylvania) shall be derived from the In- may be used for official reception and rep- gineers must notify the House and Senate land Waterways Trust Fund. resentation purposes and only during the Committees on Appropriations of these current fiscal year: Provided, That no part of MISSISSIPPI RIVER AND TRIBUTARIES emergency actions as soon thereafter as any other appropriation provided in title I of practicable: Provided further, That for a base For expenses necessary for flood damage this Act shall be available to fund the civil level over $1,000,000, reprogramming of 15 reduction projects and related efforts in the works activities of the Office of the Chief of percent of the base amount a limit of Mississippi River alluvial valley below Cape Engineers or the civil works executive direc- $5,000,000 per project, study or activity is al- Girardeau, Missouri, as authorized by law, tion and management activities of the divi- lowed: Provided further, That for a base level $250,000,000, to remain available until ex- sion offices: Provided further, That any Flood less than $1,000,000, the reprogramming limit pended, of which such sums as are necessary Control and Coastal Emergencies appropria- is $150,000: Provided further, That $150,000 may to cover the Federal share of eligible oper- tion may be used to fund the supervision and be reprogrammed into any continuing study ation and maintenance costs for inland har- general administration of emergency oper- or activity that did not receive an appropria- bors shall be derived from the Harbor Main- ations, repairs, and other activities in re- tion; tenance Trust Fund. sponse to any flood, hurricane, or other nat- (9) MISSISSIPPI RIVER AND TRIBUTARIES.— OPERATION AND MAINTENANCE ural disaster. The same reprogramming guidelines for the For expenses necessary for the operation, OFFICE OF THE ASSISTANT SECRETARY OF THE Investigations, Construction, and Operation maintenance, and care of existing river and ARMY FOR CIVIL WORKS and Maintenance portions of the Mississippi harbor, flood and storm damage reduction, For the Office of the Assistant Secretary of River and Tributaries Account as listed aquatic ecosystem restoration, and related the Army for Civil Works as authorized by 10 above; and projects authorized by law; providing secu- U.S.C. 3016(b)(3), $5,000,000, to remain avail- (10) FORMERLY UTILIZED SITES REMEDIAL AC- rity for infrastructure owned or operated by able until September 30, 2013. TION PROGRAM.—Reprogramming of up to 15

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percent of the base of the receiving project is SEC. 107. The Secretary of the Army may SEC. 112. The Secretary of the Army, act- permitted. authorize a member of the Armed Forces ing through the Chief of Engineers is di- (b) DE MINIMUS REPROGRAMMINGS.—In no under the Secretary’s jurisdiction and em- rected to utilize funds from the revolving case should a reprogramming for less than ployees of the Department of the Army to fund to expeditiously undertake necessary $50,000 be submitted to the House and Senate serve without compensation as director, offi- health and safety improvements, including Committees on Appropriations. cer, or otherwise in the management of the lead and asbestos abatement, to the dredge (c) CONTINUING AUTHORITIES PROGRAM.— organization established to support and ‘‘McFarland’’: Provided, That the Secretary Subsection (a)(1) shall not apply to any maintain the participation of the United shall ensure that the Revolving Fund is ap- project or activity funded under the con- States in the permanent international com- propriately reimbursed from appropriations tinuing authorities program. mission of the congresses of navigation, or of the Corps’ benefiting programs by collec- (d) Not later than 60 days after the date of any successor entity. tion each year of amounts sufficient to repay enactment of this Act, the Corps of Engi- SEC. 108. (a) ACQUISITION.—The Secretary is the capitalized cost of such construction and neers shall submit a report to the House and authorized to acquire any real property and improvements. Senate Committees on Appropriations to es- associated real property interests in the vi- SEC. 113. With respect to the property cov- tablish the baseline for application of re- cinity of Hanover, New Hampshire as may be ered by the deed described in Auditor’s in- programming and transfer authorities for needed for the Engineer Research and Devel- strument No. 2006–014428 of Benton County, the current fiscal year: Provided, That the re- opment Center laboratory facilities at the Washington, approximately 1.5 acres, the fol- port shall include: Cold Regions Research and Engineering Lab- lowing deed restrictions are hereby extin- (1) A table for each appropriation with a oratory. This real property to be acquired guished and of no further force and effect: separate column to display the President’s consists of 18.5 acres more or less, identified (1) The reversionary interest and use re- budget request, adjustments made by Con- as Tracts 101–1 and 101–2, together with all strictions related to port and industrial pur- gress, adjustments due to enacted rescis- necessary easements located entirely within poses; sions, if appropriate, and the fiscal year en- the Town of Hanover, New Hampshire. The (2) The right for the District Engineer to acted level; real property is generally bounded to the review all pre-construction plans and/or (2) A delineation in the table for each ap- east by state route 10-Lyme Road, to the specifications pertaining to construction propriation both by object class and pro- north by the vacant property of the Trustees and/or maintenance of any structure ingram, project and activity as detailed in the of the Dartmouth College, to the south by tended for human habitation, other building budget appendix for the respective appro- Fletcher Circle graduate student housing structure, parking lots, or roads, if the ele- priations; and owned by the Trustees of Dartmouth College, vation of the property is above the standard (3) An identification of items of special and to the west by approximately 9 acres of project flood elevation; and congressional interest. real property acquired in fee through con- (3) The right of the District Engineer to SEC. 102. None of the funds in this Act, or demnation in 1981 by the Secretary of the object to, and thereby prevent, in his/her dis- previous Acts, making funds available to the Army. cretion, such activity. Corps, shall be used to implement any pend- (b) REVOLVING FUND.—The Secretary is au- SEC. 114. That portion of the project for ing or future competitive sourcing actions thorized to use the Revolving Fund (33 U.S.C. navigation, Block Island Harbor of Refuge, under OMB Circular A–76 or High Performing 576) through the Plant Replacement and Im- Rhode Island adopted by the Rivers and Har- Organizations. provement Program to acquire the real prop- bors Act of July 11, 1870, consisting of the SEC. 103. None of the funds in this Act, or erty and associated real property interests in cut-stone breakwater lining the west side of previous Acts, making funds available to the subsection (a). The Secretary shall ensure the Inner Basin; beginning at a point with Corps, shall be used to award any continuing that the Revolving Fund is appropriately re- coordinates N32579.55, E312625.53, thence run- contract that commits additional funding imbursed from the benefiting appropriations. ning northerly about 76.59 feet to a point from the Inland Waterways Trust Fund un- (c) RIGHT OF FIRST REFUSAL.—The Sec- with coordinates N32655.92, E312631.32, thence less or until such time that a long-term retary may provide the Seller of any real running northerly about 206.81 feet to a point mechanism to enhance revenues in this Fund property and associated property interests with coordinates N32858.33, E312673.74, thence sufficient to meet the cost-sharing author- identified in subsection (a)— running easterly about 109.00 feet to a point ized in the Water Resources Development (1) a right of first refusal to acquire such with coordinates N32832.15, E312779.54, shall Act of 1986 (Public Law 99–662), as amended, property, or any portion thereof, in the no longer be authorized after the date of en- is enacted. event the property, or any portion thereof, is actment. SEC. 104. Within 120 days of the date of the no longer needed by the Department of the SEC. 115. The Secretary of the Army, act- Chief of Engineers Report on a water re- Army. ing through the Chief of Engineers, is au- source matter, the Assistant Secretary of (2) a right of first refusal to acquire any thorized, using amounts available in the Re- the Army (Civil Works) shall submit the re- real property or associated real property involving Fund established by section 101 of port to the appropriate authorizing and ap- terests acquired by condemnation in Civil the Act of July 27, 1953, chap. 245 (33 U.S.C. propriating committees of the Congress. Action No. 81–360–L, in the event the prop- 576), to construct a Consolidated Infrastruc- SEC. 105. During the fiscal year period cov- erty, or any portion thereof, is no longer ture Research Equipment Facility, an Envi- ered by this Act, the Secretary of the Army needed by the Department of the Army. ronmental Processes and Risk Lab, a Hy- is authorized to implement measures rec- (3) the purchase of any property by the draulic Research Facility, an Engineer Re- ommended in the efficacy study authorized Seller exercising either right of first refusal search and Development Center headquarters under section 3061 of the Water Resources authorized in this section shall be for consid- building, a Modular Hydraulic Flume build- Development Act of 2007 (121 Stat. 1121) or in eration acceptable to the Secretary and shall ing, and to purchase real estate, perform interim reports, with such modifications or be for not less than fair market value at the construction, and make facility, utility, emergency measures as the Secretary of the time the property becomes available for pur- street, road, and infrastructure improve- Army determines to be appropriate, to pre- chase. The right of first refusal authorized in ments to the Engineer Research and Devel- vent aquatic nuisance species from dis- this section shall not inure to the benefit of opment Center’s installations and facilities. persing into the Great Lakes by way of any the Sellers successors or assigns. The Secretary shall ensure that the Revolv- hydrologic connection between the Great (d) DISPOSAL.—The Secretary of the Army ing Fund is appropriately reimbursed from Lakes and the Mississippi River Basin. is authorized to dispose of any property or the benefitting appropriations. SEC. 106. The Secretary is authorized to associated real property interests that are SEC. 116. Section 1148 of the Water Re- transfer to the ‘‘Construction’’ account up to subject to the exercise of the right of first sources Development Act of 1986 (100 Stat. $100,000,000 of the funds provided for rein- refusal as set forth herein. 4254; 110 Stat. 3718; 114 Stat. 2609) is amended forcing or replacing flood walls under the SEC. 109. The Secretary of the Army may by striking subsection (b) and inserting the ‘‘Flood Control and Coastal Emergencies’’ transfer, and the Fish and Wildlife Service following: heading in Public Law 109–234 (120 Stat. 455) may accept and expend, up to $3,800,000 of ‘‘(b) DISPOSITION OF ACQUIRED LAND.—The and Public Law 110–252 (122 Stat. 2350) and up funds provided in this title under the head- Secretary may transfer land acquired under to $75,000,000 of the funds provided for ing ‘‘Operation and Maintenance’’, to miti- this section to the non-Federal sponsor by projects and measures for the West Bank and gate for fisheries lost due to Corps of Engi- quitclaim deed subject to such terms and Vicinity and Lake Ponchartrain and Vicin- neers projects. conditions as the Secretary determines to be ity projects under the ‘‘Flood Control and SEC. 110. The Secretary of the Army, act- in the public interest.’’. Coastal Emergencies’’ heading in Public Law ing through the Chief of Engineers, is di- SEC. 117. The New London Disposal Site 110–28 (121 Stat. 153) to be used with funds rected to fully utilize the Federal dredging and the Cornfield Shoals Disposal Site in provided for the West Bank and Vicinity fleet in support of all Army Corps of Engi- Long Island Sound selected by the Depart- project under the ‘‘Construction’’ heading in neers missions and no restrictions shall be ment of the Army as alternative dredged ma- Public Law 110–252 (122 Stat. 2349) and Public placed on the use or maintenance of any terial disposal sites under section 103(b) of Law 110–329 (122 Stat. 3589), consistent with dredge in the Federal Fleet. the Marine Protection, Research, and Sanc- 65 percent Federal and 35 percent non-Fed- SEC. 111. The Secretary of the Army, act- tuaries Act of 1972, as amended, shall remain eral cost share and the financing of, and paying through the Chief of Engineers, is di- open until completion of a Supplemental En- ment terms for, the non-Federal cash con- rected to maintain the Federal dredging vironmental Impact Statement to support tribution associated with the West Bank and fleet to technologically modern and efficient final designation of an Ocean Dredged Mate- Vicinity project. standards. rial Disposal Site in eastern Long Island

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7516 CONGRESSIONAL RECORD — SENATE November 15, 2011 Sound under section 102(c) of the Marine (26) with coordinates 378026.56, 145944.71; E376291.06; thence running south 39 degrees 26 Protection, Research, and Sanctuaries Act of thence running south 44 degrees 32 minutes minutes 18.7 seconds west 208.34 feet to a 1972. 14.7 seconds west 2,314.09 feet to a point (27) point (17) with coordinates N147076.31, SEC. 118. (a) That portion of the project for with coordinates 376403.52, 144295.24 thence E376158.71; thence running south 0 degrees 3 navigation, Newport Harbor, Rhode Island running south 60 degrees 5 minutes 58.2 sec- minutes 38.1 seconds east 1,528.26 feet to a adopted by the Rivers and Harbors Acts of onds west 255.02 feet to an end point (28) with point (18) with coordinates N145548.05, March 2, 1907 (34 Stat. 1075); June 25, 1910 (36 coordinates 376182.45, 144168.12; and the 13- E376160.32; thence running south 26 degrees 29 Stat. 632); August 26, 1937 (50 Stat. 845); and, Foot Anchorage beginning at a point (29) minutes 48.1 seconds west 686.83 feet to a modified by the Consolidated Appropriations with coordinates 376363.39, 143666.99; thence point (19) with coordinates N144933.37, Act, 2000, Public Law 106–113, appendix E, running north 63 degrees 34 minutes 19.3 sec- E375853.90; thence running south 73 degrees 11 title II, section 221 (113 Stat. 1501A–298); con- onds east 1,962.37 feet to a point (30) with co- minutes 42.9 seconds west 1,429.51 feet to end sisting of a 13-foot anchorage, an 18-foot an- ordinates 378120.68, 144540.38; thence running at a point (20) with coordinates N144520.08, chorage, a 21-foot channel, and 18-foot chan- north 3 degrees 50 minutes 3.1 seconds west E374485.44. nels described by the following shall no 1,407.47 feet to an end point (26) with coordi- TITLE II longer be authorized after the date of enact- nates 378026.56, 145944.71; and the 18-Foot ment of this Act: the 21-Foot Entrance Chan- East Channel beginning at a point (23) with DEPARTMENT OF THE INTERIOR nel, beginning at a point (1) with coordinates coordinates 376684.14, 147467.05; thence run- CENTRAL UTAH PROJECT 374986.03, 150611.01; thence running south 46 ning north 2 degrees 10 minutes 43.3 seconds CENTRAL UTAH PROJECT COMPLETION ACCOUNT degrees 54 minutes 30.7 seconds east 900.01 west 262.95 feet to a point (31) with coordi- For carrying out activities authorized by feet to a point (2) with coordinates 375643.27, nates 376674.14, 147729.81; thence running the Central Utah Project Completion Act, 149996.16; thence running south 8 degrees 4 north 9 degrees 42 minutes 20.3 seconds west $28,991,000, to remain available until ex- minutes 58.3 east 2,376.87 feet to a point (3) 301.35 feet to a point (32) with coordinates pended, of which $2,000,000 shall be deposited with coordinates 375977.47, 147643.00; thence 376623.34, 148026.85; thence running south 80 into the Utah Reclamation Mitigation and running south 4 degrees 28 minutes 20.4 sec- degrees 17 minutes 42.4 seconds west 313.6 Conservation Account for use by the Utah onds west 738.56 feet to a point (4) with co- feet to a point (33) with coordinates 376314.23, Reclamation Mitigation and Conservation ordinates 375919.88, 146906.60; thence running 147973.99; thence running north 7 degrees 47 Commission, and of which $1,550,000 for nec- south 6 degrees 2 minutes 42.4 seconds east minutes 21.9 seconds west 776.24 feet to an essary expenses incurred in carrying out re- 1,144.00 feet to a point (5) with coordinates end point (34) with coordinates 376209.02, lated responsibilities of the Secretary of the 376040.35, 145768.96; thence running south 34 148743.06; and the 18-Foot North Anchorage Interior. For fiscal year 2012, the Commis- degrees 5 minutes 51.7 seconds west 707.11 beginning at a point (35) with coordinates sion may use an amount not to exceed feet to a point (6) with coordinates 375643.94, 376123.98, 148744.69; thence running south 88 $1,500,000 for administrative expenses. 145183.41; thence running south 73 degrees 11 degrees 54 minutes 16.2 seconds east 377.90 minutes 42.9 seconds west 1,300.00 feet to the feet to a point (36) with coordinates 376501.82, WATER AND RELATED RESOURCES end point (7) with coordinates 374399.46, 148737.47; thence running north 9 degrees 42 (INCLUDING TRANSFERS OF FUNDS) 144807.57; Returning at a point with coordi- minutes 19.0 seconds west 500.01 feet to a The following appropriations shall be ex- nates (8) with coordinates 374500.64, 144472.51; point (37) with coordinates 376417.52, pended to execute authorized functions of thence running north 73 degrees 11 minutes 149230.32; thence running north 6 degrees 9 the Bureau of Reclamation: 42.9 seconds east 1,582.85 feet to a point (9) minutes 53.2 seconds west 1,300.01 feet to an For management, development, and res- with coordinates 376015.90, 144930.13; thence end point (38) with coordinates 376277.92, toration of water and related natural re- running north 34 degrees 5 minutes 51.7 sec- 150522.81. sources and for related activities, including onds east 615.54 feet to a point (10) with co- (b) The area described by the following the operation, maintenance, and rehabilita- ordinates 376360.97, 145439.85; thence running shall be redesignated as an eighteen-foot tion of reclamation and other facilities, par- north 2 degrees 10 minutes 43.3 seconds west channel and turning basin: Beginning at a ticipation in fulfilling related Federal re- 2,236.21 feet to a point (11) with coordinates point (1) with coordinates N144759.41, sponsibilities to Native Americans, and re- 376275.96, 147674.45; thence running north 8 E374413.16; thence running north 73 degrees 11 lated grants to, and cooperative and other degrees 4 minutes 55.6 seconds west 2,652.83 minutes 42.9 seconds east 1,252.88 feet to a agreements with, State and local govern- feet to a point (12) with coordinates 375902.99, point (2) with coordinates N145121.63, ments, federally recognized Indian tribes, 150300.93; thence running north 46 degrees 54 E375612.53; thence running north 26 degrees 29 and others, $885,670,000, to remain available minutes 30.7 seconds west 881.47 feet to an minutes 48.1 seconds east 778.89 feet to a until expended, of which $10,698,000 shall be end point (13) with coordinates 375259.29, point (3) with coordinates N145818.71, available for transfer to the Upper Colorado 150903.12; and the 18-Foot South Goat Island E375960.04; thence running north 0 degrees 3 River Basin Fund and $6,136,000 shall be Channel beginning at a point (14) with co- minutes 38.1 seconds west 1,200.24 feet to a available for transfer to the Lower Colorado ordinates 375509.09, 149444.83; thence running point (4) with coordinates N147018.94, River Basin Development Fund; of which south 25 degrees 44 minutes 0.5 second east E375958.77; thence running north 2 degrees 22 such amounts as may be necessary may be 430.71 feet to a point (15) with coordinates minutes 45.2 seconds east 854.35 feet to a advanced to the Colorado River Dam Fund: 375696.10, 149056.84; thence running south 10 point (5) with coordinates N147872.56, Provided, That such transfers may be in- degrees 13 minutes 27.4 seconds east 1,540.89 E375994.23; thence running north 7 degrees 47 creased or decreased within the overall ap- feet to a point (16) with coordinates 375969.61, minutes 21.9 seconds west 753.83 feet to a propriation under this heading: Provided fur- 147540.41; thence running south 4 degrees 29 point (6) with coordinates N148619.44, ther, That of the total appropriated, the minutes 11.3 seconds west 1,662.92 feet to a E375892.06; thence running north 88 degrees 46 amount for program activities that can be fi- point (17) with coordinates 375839.53, minutes 16.7 seconds east 281.85 feet to a nanced by the Reclamation Fund or the Bu- 145882.59; thence running south 34 degrees 5 point (7) with coordinates N148625.48, reau of Reclamation special fee account es- minutes 51.7 seconds west 547.37 feet to a E376173.85; thence running south 7 degrees 47 tablished by 16 U.S.C. 460L–6a(i) shall be de- point (18) with coordinates 375532.67, minutes 21.9 seconds east 716.4 feet to a point rived from that Fund or account: Provided 145429.32; thence running south 86 degrees 47 (8) with coordinates N147915.69, E376270.94; further, That funds contributed under 43 minutes 37.7 seconds west 600.01 feet to an thence running north 80 degrees 17 minutes U.S.C. 395 are available until expended for end point (19) with coordinates 374933.60, 42.3 seconds east 315.3 feet to a point (9) with the purposes for which contributed: Provided 145395.76; and the 18-Foot Entrance Channel coordinates N147968.85, E.76581.73; thence run- further, That funds advanced under 43 U.S.C. beginning at a point (20) with coordinates ning south 9 degrees 42 minutes 20.3 seconds 397a shall be credited to this account and are 374567.14, 144252.33; thence running north 73 east 248.07 feet to a point (10) with coordi- available until expended for the same pur- degrees 11 minutes 42.9 seconds east 1,899.22 nates N147724.33, E376623.55; thence running poses as the sums appropriated under this feet to a point (21) with coordinates 376385.26, south 2 degrees 10 minutes 43.3 seconds east heading: Provided further, That of the 144801.42; thence running north 2 degrees 10 318.09 feet to a point (11) with coordinates amounts provided herein, funds may be used minutes 41.5 seconds west 638.89 feet to an N147406.47, E376635.64; thence running north for high priority projects which shall be car- end point (10) with coordinates 376360.97, 78 degrees 56 minutes 15.6 seconds east 571.11 ried out by the Youth Conservation Corps, as 145439.85; and the 18-Foot South Anchorage feet to a point (12) with coordinates authorized by 16 U.S.C. 1706. beginning at a point (22) with coordinates N147516.06, E377196.15; thence running south 376286.81, 147389.37; thence running north 78 88 degrees 57 minutes 2.3 seconds east 755.09 CENTRAL VALLEY PROJECT RESTORATION FUND degrees 56 minutes 15.6 seconds east 404.86 feet to a point (13) with coordinates For carrying out the programs, projects, feet to a point (23) with coordinates 376684.14, N147502.23, E377951.11; thence running south 1 plans, habitat restoration, improvement, and 147467.05; thence running north 78 degrees 56 degree 2 minutes 57.7 seconds west 100.00 feet acquisition provisions of the Central Valley minutes 15.6 seconds east 1,444.33 feet to a to a point (14) with coordinates N147402.25, Project Improvement Act, $53,068,000, to be point (24) with coordinates 378101.63, E377949.28; thence running north 88 degrees 57 derived from such sums as may be collected 147744.18; thence running south 5 degrees 18 minutes 2.3 seconds west 744.48 feet to a in the Central Valley Project Restoration minutes 43.8 seconds west 1,228.20 feet to a point (15) with coordinates N147415.88, Fund pursuant to sections 3407(d), 3404(c)(3), point (25) with coordinates 377987.92, E377204.92; thence running south 78 degrees 56 and 3405(f) of Public Law 102–575, to remain 146521.26; thence running south 3 degrees 50 minutes 15.6 seconds west 931.17 feet to a available until expended: Provided, That the minutes 3.4 seconds east 577.84 feet to a point point (16) with coordinates N147237.21, Bureau of Reclamation is directed to assess

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7517 and collect the full amount of the additional Rehabilitation category or the Resources sources, in any case in which there are will- mitigation and restoration payments author- Management and Development category to ing sellers or willing participants’’; ized by section 3407(d) of Public Law 102–575: any program, project, or activity in the (2) in paragraph (2), by striking ‘‘in the Provided further, That none of the funds made other category, unless prior approval is re- Walker River’’ and all that follows through available under this heading may be used for ceived from the Committees on Appropria- ‘‘119 Stat. 2268)’’; and the acquisition or leasing of water for in- tions of the House of Representatives and (3) in paragraph (3), by striking ‘‘in the stream purposes if the water is already com- the Senate; or Walker River Basin’’. mitted to in-stream purposes by a court (7) transfers, where necessary to discharge (b) WALKER BASIN RESTORATION PRO- adopted decree or order. legal obligations of the Bureau of Reclama- GRAM.—Section 208(b) of the Energy and CALIFORNIA BAY-DELTA RESTORATION tion, more than $5,000,000 to provide ade- Water Development and Related Agencies (INCLUDING TRANSFERS OF FUNDS) quate funds for settled contractor claims, in- Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2858) is amended— For carrying out activities authorized by creased contractor earnings due to acceler- the Water Supply, Reliability, and Environ- ated rates of operations, and real estate defi- (1) in paragraph (1)(B)(iv), by striking ‘‘ex- mental Improvement Act, consistent with ciency judgments, unless prior approval is ercise water rights’’ and inserting ‘‘manage plans to be approved by the Secretary of the received from the Committees on Appropria- land, water appurtenant to the land, and re- Interior, $39,651,000, to remain available until tions of the House of Representatives and lated interests’’; and expended, of which such amounts as may be the Senate. (2) in paragraph (2)(A), by striking ‘‘The necessary to carry out such activities may (b) Subsection (a)(5) shall not apply to any amount made available under subsection be transferred to appropriate accounts of transfer of funds within the Facilities Oper- (a)(1) shall be provided to the National Fish other participating Federal agencies to carry ation, Maintenance, and Rehabilitation cat- and Wildlife Foundation’’ and inserting out authorized purposes: Provided, That egory. ‘‘Any amount made available to the National funds appropriated herein may be used for (c) For purposes of this section, the term Fish and Wildlife Foundation under sub- the Federal share of the costs of CALFED ‘‘transfer’’ means any movement of funds section (a) shall be provided’’. Program management: Provided further, That into or out of a program, project, or activity. SEC. 206. The Federal policy for addressing the use of any funds provided to the Cali- (d) The Bureau of Reclamation shall sub- California’s water supply and environmental fornia Bay-Delta Authority for program-wide mit reports on a quarterly basis to the Com- issues related to the Bay-Delta shall be con- management and oversight activities shall mittees on Appropriations of the House of sistent with State law, including the co- be subject to the approval of the Secretary of Representatives and the Senate detailing all equal goals of providing a more reliable the Interior: Provided further, That CALFED the funds reprogrammed between programs, water supply for the State of California and implementation shall be carried out in a bal- projects, activities, or categories of funding. protecting, restoring, and enhancing the anced manner with clear performance meas- The first quarterly report shall be submitted Delta ecosystem. The Secretary of the Inte- ures demonstrating concurrent progress in not later than 60 days after the date of en- rior, the Secretary of Commerce, the Army achieving the goals and objectives of the actment of this Act. Corps of Engineers and the Environmental Protection Agency Administrator shall Program. SEC. 202. (a) None of the funds appropriated or otherwise made available by this Act may jointly coordinate the efforts of the relevant POLICY AND ADMINISTRATION be used to determine the final point of dis- agencies and work with the State of Cali- For necessary expenses of policy, adminis- charge for the interceptor drain for the San fornia and other stakeholders to complete tration, and related functions in the Office of Luis Unit until development by the Sec- and issue the Bay Delta Conservation Plan the Commissioner, the Denver office, and of- retary of the Interior and the State of Cali- Final Environmental Impact Statement no fices in the five regions of the Bureau of Rec- fornia of a plan, which shall conform to the later than February 15, 2013. Nothing herein lamation, to remain available until Sep- water quality standards of the State of Cali- modifies existing requirements of Federal tember 30, 2013, $60,000,000, to be derived from fornia as approved by the Administrator of law. the Reclamation Fund and be nonreimburs- SEC. 207. The Secretary of the Interior may the Environmental Protection Agency, to able as provided in 43 U.S.C. 377: Provided, participate in non-Federal groundwater minimize any detrimental effect of the San That no part of any other appropriation in banking programs to increase the oper- Luis drainage waters. this Act shall be available for activities or ational flexibility, reliability, and efficient (b) The costs of the Kesterson Reservoir functions budgeted as policy and administra- use of water in the State of California, and Cleanup Program and the costs of the San tion expenses. this participation may include making pay- Joaquin Valley Drainage Program shall be ment for the storage of Central Valley GENERAL PROVISIONS—DEPARTMENT classified by the Secretary of the Interior as OF THE INTERIOR Project water supplies, the purchase of reimbursable or nonreimbursable and col- stored water, the purchase of shares or an in- SEC. 201. (a) None of the funds provided in lected until fully repaid pursuant to the title II of this Act for Water and Related Re- terest in ground banking facilities, or the ‘‘Cleanup Program-Alternative Repayment use of Central Valley Project water as a me- sources, or provided by previous appropria- Plan’’ and the ‘‘SJVDP-Alternative Repay- tions Acts to the agencies or entities funded dium of payment for groundwater banking ment Plan’’ described in the report entitled services: Provided, That the Secretary of the in title II of this Act for Water and Related ‘‘Repayment Report, Kesterson Reservoir Interior shall participate in groundwater Resources that remain available for obliga- Cleanup Program and San Joaquin Valley banking programs only to the extent allowed tion or expenditure in fiscal year 2010, shall Drainage Program, February 1995’’, prepared under State law and consistent with water be available for obligation or expenditure by the Department of the Interior, Bureau of rights applicable to the Central Valley through a reprogramming of funds that— Reclamation. Any future obligations of funds Project: Provided further, That any water (1) initiates or creates a new program, by the United States relating to, or pro- user to which banked water is delivered shall project, or activity; viding for, drainage service or drainage stud- pay for such water in the same manner pro- (2) eliminates a program, project, or activ- ies for the San Luis Unit shall be fully reim- vided by that water user’s then-current Cen- ity; bursable by San Luis Unit beneficiaries of tral Valley Project water service, repay- (3) increases funds for any program, such service or studies pursuant to Federal ment, or water rights settlement contract at project, or activity for which funds have reclamation law. the rate provided by the then-current Cen- been denied or restricted by this Act, unless SEC. 203. Section 529(b)(3) of Public Law tral-Valley Project Irrigation or Municipal prior approval is received from the Commit- 106–541, as amended by section 115 of Public and Industrial Rate Setting Policies; and: tees on Appropriations of the House of Rep- Law 109–103, is further amended by striking Provided further, That in implementing this resentatives and the Senate; ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’ in section, the Secretary of the Interior shall (4) restarts or resumes any program, lieu thereof. comply with applicable environmental laws, project or activity for which funds are not SEC. 204. Section 8 of the Water Desalina- including the National Environmental Pol- provided in this Act, unless prior approval is tion Act of 1996 (42 U.S.C. 10301 note; Public icy Act of 1969 (42 U.S.C. 4321 et seq.) and the received from the Committees on Appropria- Law 104–298) is amended— Endangered Species Act of 1973 (16 U.S.C. tions of the House of Representatives and (1) in subsection (a), in the first sentence, 1531 et seq.) Nothing herein shall alter or the Senate; by striking ‘‘2011’’ and inserting ‘‘2016’’; and limit the Secretary’s existing authority to (5) transfers funds in excess of the fol- (2) in subsection (b), by striking use groundwater banking to meet existing lowing limits, unless prior approval is re- ‘‘$25,000,000 for fiscal years 1997 through 2011’’ fish and wildlife obligations. ceived from the Committees on Appropria- and inserting ‘‘$3,000,000 for each of fiscal SEC. 208. (a) Subject to compliance with all tions of the House of Representatives and years 2012 through 2016’’. applicable Federal and State laws, a transfer the Senate: SEC. 205. (a) PERMITTED USES.—Section of irrigation water among Central Valley (A) 15 percent for any program, project or 2507(b) of the Farm Security and Rural In- Project contractors from the Friant, San activity for which $2,000,000 or more is avail- vestment Act of 2002 (43 U.S.C. 2211 note; Felipe, West San Joaquin, and Delta divi- able at the beginning of the fiscal year; or Public Law 107–171) is amended— sions, and a transfer from a long-term Friant (B) $300,000 for any program, project or ac- (1) in the matter preceding paragraph (1), Division water service or repayment con- tivity for which less than $2,000,000 is avail- by striking ‘‘In any case in which there are tractor to a temporary or prior temporary able at the beginning of the fiscal year; willing sellers’’ and inserting ‘‘For the ben- service contractors within the place of use in (6) transfers more than $500,000 from either efit of at-risk natural desert terminal lakes existence on the date of the transfer, as iden- the Facilities Operation, Maintenance, and and associated riparian and watershed re- tified in the Bureau of Reclamation water

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7518 CONGRESSIONAL RECORD — SENATE November 15, 2011 rights permits for the Friant Division, shall tion, or expansion, $141,010,000, to remain from the Reserve not later than March 1, be considered to meet the conditions de- available until expended: Provided, That 2012, and shall deposit any proceeds from scribed in subparagraphs (A) and (I) of sec- $27,010,000 shall be available until September such sales in the General Fund of the Treas- tion 3405(a)(1) of the Reclamation Projects 30, 2013 for program direction. ury: Provided, That paragraphs (a)(1) and (2) Authorization and Adjustment Act of 1992 NUCLEAR ENERGY of section 160 of the Energy Policy and Con- (Public Law 102–575; 106 Stat. 4709). For Department of Energy expenses includ- servation Act of 1975 (42 U.S.C. 6240(a)(1) and (b) The Secretary of the Interior, acting ing the purchase, construction, and acquisi- (2)) are hereby repealed: Provided further, through the Director of the United States tion of plant and capital equipment, and That unobligated balances in this account Fish and Wildlife Service and the Commis- other expenses necessary for nuclear energy shall be available to cover the costs of any sioner of the Bureau of Reclamation shall activities in carrying out the purposes of the sale under this Act. initiate and complete, on the most expedited Department of Energy Organization Act (42 NORTHEAST HOME HEATING OIL RESERVE basis practicable, programmatic environ- U.S.C. 7101 et seq.), including the acquisition (INCLUDING RESCISSION) mental compliance so as to facilitate vol- or condemnation of any real property or any untary water transfers within the Central For necessary expenses for Northeast facility or for plant or facility acquisition, Valley Project, consistent with all applica- Home Heating Oil Reserve storage, oper- construction, or expansion, and the purchase ble Federal and State law. ation, and management activities pursuant of not more than 10 buses, all for replace- (c) Not later than 180 days after the date of to the Energy Policy and Conservation Act, ment only, $583,834,000, to remain available enactment of this Act and each of the 4 years $10,119,000, to remain available until ex- until expended: Provided, That $86,279,000 thereafter, the Commissioner of the Bureau pended: Provided, That amounts net of the shall be available until September 30, 2013 for of Reclamation shall submit to the com- purchase of 1 million barrels of petroleum program direction: Provided further, That, mittee on Appropriations of the House of distillates in fiscal year 2011; costs related to notwithstanding any other provision of law, Representatives and the Committee on Ap- transportation, delivery, and storage; and the Department shall develop a strategy propriations of the Senate a report that de- sales of petroleum distillate from the Re- within 3 months of the publication of the scribes the status of efforts to help facilitate serve under section 182 of the Energy Policy final report of the Blue Ribbon Commission and improve the water transfers within the and Conservation Act of 1975 (42 U.S.C. 6250a) on America’s Nuclear Future to manage Central Valley Project and water transfers are hereby rescinded. spent nuclear fuel and other nuclear waste at between the Central Valley Project and ENERGY INFORMATION ADMINISTRATION consolidated storage facilities and perma- other water projects in the State of Cali- nent repositories that can be implemented as For necessary expenses in carrying out the fornia; evaluates potential effects of this Act expeditiously as possible. activities of the Energy Information Admin- on Federal programs, Indian tribes, Central istration, $105,000,000, to remain available FOSSIL ENERGY RESEARCH AND DEVELOPMENT Valley Project operations, the environment, until expended. groundwater aquifers, refuges, and commu- (INCLUDING RESCISSION) NON-DEFENSE ENVIRONMENTAL CLEANUP nities; and provides recommendations on For necessary expenses in carrying out fos- For Department of Energy expenses, in- ways to facilitate and improve the process sil energy research and development activi- cluding the purchase, construction, and ac- for these transfers. ties, under the authority of the Department quisition of plant and capital equipment and SEC. 209. Section 10009(c)(2) of the San Joa- of Energy Organization Act (Public Law 95– other expenses necessary for non-defense en- quin River Restoration Settlement Act (Pub- 91), including the acquisition of interest, in- vironmental cleanup activities in carrying lic Law 111–11; 123 Stat. 1356) is amended by cluding defeasible and equitable interests in out the purposes of the Department of En- striking ‘‘October 1, 2019, all funds in the any real property or any facility or for plant ergy Organization Act (42 U.S.C. 7101 et seq.), Fund shall be available for expenditure with- or facility acquisition or expansion, and for including the acquisition or condemnation of out further appropriation.’’ and inserting conducting inquiries, technological inves- any real property or any facility or for plant ‘‘October 1, 2014, all funds in the Fund shall tigations and research concerning the ex- or facility acquisition, construction, or ex- be available for expenditure on an annual traction, processing, use, and disposal of pansion, $219,121,000, to remain available basis in an amount not to exceed $40,000,000 mineral substances without objectionable so- until expended. without further appropriation.’’ in lieu cial and environmental costs (30 U.S.C. 3, thereof. 1602, and 1603), $445,471,000, to remain avail- URANIUM ENRICHMENT DECONTAMINATION AND TITLE III able until expended: Provided, That DECOMMISSIONING FUND DEPARTMENT OF ENERGY $151,729,000 shall be available until Sep- For necessary expenses in carrying out tember 30, 2013 for program direction: Pro- uranium enrichment facility decontamina- ENERGY PROGRAMS vided further, That for all programs funded tion and decommissioning, remedial actions, ENERGY EFFICIENCY AND RENEWABLE ENERGY under Fossil Energy appropriations in this and other activities of title II of the Atomic For Department of Energy expenses includ- Act or any other Act, the Secretary may Energy Act of 1954, and title X, subtitle A, of ing the purchase, construction, and acquisi- vest fee title or other property interests ac- the Energy Policy Act of 1992, $429,000,000, to tion of plant and capital equipment, and quired under projects in any entity, includ- be derived from the Uranium Enrichment other expenses necessary for energy effi- ing the United States: Provided further, That Decontamination and Decommissioning ciency and renewable energy activities in of prior-year balances, $187,000,000 are hereby Fund, to remain available until expended. carrying out the purposes of the Department rescinded: Provided further, That no rescis- SCIENCE of Energy Organization Act (42 U.S.C. 7101 et sion made by the previous proviso shall For Department of Energy expenses includ- seq.), including the acquisition or condemna- apply to any amount previously appropriated ing the purchase, construction, and acquisition of any real property or any facility or in Public Law 111–5 or designated by the tion of plant and capital equipment, and for plant or facility acquisition, construc- Congress as an emergency requirement pur- other expenses necessary for science activi- tion, or expansion, $1,795,641,000, to remain suant to a concurrent resolution on the ties in carrying out the purposes of the De- available until expended: Provided, That budget or the Balanced Budget and Emer- partment of Energy Organization Act (42 $165,000,000 shall be available until Sep- gency Deficit Control Act of 1985. U.S.C. 7101 et seq.), including the acquisition tember 30, 2013 for program direction: Pro- NAVAL PETROLEUM AND OIL SHALE RESERVES or condemnation of any real property or fa- vided further, That of the amount appro- For expenses necessary to carry out naval cility or for plant or facility acquisition, priated, the Secretary may use not more petroleum and oil shale reserve activities, construction, or expansion, and purchase of than $170,000,000 for activities of the Depart- $14,909,000, to remain available until ex- not more than 49 passenger motor vehicles ment of Energy pursuant to the Defense Pro- pended: Provided, That, notwithstanding any for replacement only, including one ambu- duction Act of 1950 (50 U.S.C. App. 2061, et other provision of law, unobligated funds re- lance and one bus, $4,842,665,000, to remain seq.): Provided further, That within 12 months maining from prior years shall be available available until expended: Provided, That of the date of enactment, the Secretary shall for all naval petroleum and oil shale reserve $180,786,000 shall be available until Sep- initiate separate rulemakings to establish activities. tember 30, 2013 for program direction. efficiency standards for televisions and set top television boxes. STRATEGIC PETROLEUM RESERVE ADVANCED RESEARCH PROJECTS AGENCY— ENERGY ELECTRICITY DELIVERY AND ENERGY For necessary expenses for Strategic Pe- RELIABILITY troleum Reserve facility development and For necessary expenses in carrying out the activities authorized by section 5012 of the For Department of Energy expenses includ- operations and program management activi- America COMPETES Act (Public Law 110– ing the purchase, construction, and acquisi- ties pursuant to the Energy Policy and Con- 69), as amended, $250,000,000, to remain avail- tion of plant and capital equipment, and servation Act of 1975, as amended (42 U.S.C. able until expended. other expenses necessary for electricity de- 6201 et seq.), $192,704,000, to remain available livery and energy reliability activities in until expended. TITLE 17 INNOVATIVE TECHNOLOGY LOAN carrying out the purposes of the Department SPR PETROLEUM ACCOUNT GUARANTEE PROGRAM of Energy Organization Act (42 U.S.C. 7101 et Notwithstanding sections 161 and 167 of the Subject to section 502 of the Congressional seq.), including the acquisition or condemna- Energy Policy and Conservation Act (42 Budget Act of 1974, for the cost of loan guar- tion of any real property or any facility or U.S.C. 6241, 6247), the Secretary of Energy antees for renewable energy or efficient end- for plant or facility acquisition, construc- shall sell $500,00,000 in petroleum products use energy technologies under section 1703 of

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the Energy Policy Act of 2005, $200,000,000 is DEPARTMENTAL ADMINISTRATION OFFICE OF THE ADMINISTRATOR appropriated to remain available until ex- For salaries and expenses of the Depart- For necessary expenses of the Office of the pended: Provided, That the amounts in this ment of Energy necessary for departmental Administrator in the National Nuclear Secu- section are in addition to those provided in administration in carrying out the purposes rity Administration, including official recep- any other Act: Provided further, That, not- of the Department of Energy Organization tion and representation expenses not to ex- withstanding section 1703(a)(2) of the Energy Act (42 U.S.C. 7101 et seq.), including the hire ceed $12,000,$404,000,000, to remain available Policy Act of 2005, funds appropriated for the of passenger motor vehicles and official re- until September 30, 2013. cost of loan guarantees are also available for ception and representation expenses not to ENVIRONMENTAL AND OTHER DEFENSE projects for which an application has been exceed $30,000, $237,623,000, to remain avail- ACTIVITIES submitted to the Department of Energy prior able until expended, plus such additional DEFENSE ENVIRONMENTAL CLEANUP to February 24, 2011, in whole or in part, for amounts as necessary to cover increases in a loan guarantee under 1705 of the Energy the estimated amount of cost of work for For Department of Energy expenses, in- Policy Act of 2005: Provided further, That an others notwithstanding the provisions of the cluding the purchase, construction, and ac- additional amount for necessary administra- Anti-Deficiency Act (31 U.S.C. 1511 et seq.): quisition of plant and capital equipment and tive expenses to carry out this Loan Guar- Provided, That such increases in cost of work other expenses necessary for atomic energy antee program, $38,000,000 is appropriated, to are offset by revenue increases of the same defense environmental cleanup activities in remain available until expended: Provided or greater amount, to remain available until carrying out the purposes of the Department further, That $38,000,000 of the fees collected expended: Provided further, That moneys re- of Energy Organization Act (42 U.S.C. 7101 et pursuant to section 1702(h) of the Energy ceived by the Department for miscellaneous seq.), including the acquisition or condemna- Policy Act of 2005 shall be credited as offset- revenues estimated to total $111,883,000 in tion of any real property or any facility or ting collections to this account to cover ad- fiscal year 2012 may be retained and used for for plant or facility acquisition, construc- ministrative expenses and shall remain operating expenses within this account, and tion, or expansion, and the purchase of not available until expended, so as to result in a may remain available until expended, as au- to exceed one ambulances and one fire truck final fiscal year 2011 appropriations from the thorized by section 201 of Public Law 95–238, for replacement only, $5,002,308,000, to re- general fund estimated at not more than $0: notwithstanding the provisions of 31 U.S.C. main available until expended: Provided, Provided further, That fees collected under 3302: Provided further, That the sum herein That $321,628,000 shall be available until Sep- section 1702(h) in excess of the amount ap- appropriated shall be reduced by the amount tember 30, 2013 for program direction. propriated for administrative expenses shall of miscellaneous revenues received during OTHER DEFENSE ACTIVITIES not be available until appropriated: Provided 2012, and any related appropriated receipt ac- For Department of Energy expenses, in- further, That for amounts collected pursuant count balances remaining from prior years’ cluding the purchase, construction, and ac- to section 1702(b)(2) of the Energy Policy Act miscellaneous revenues, so as to result in a quisition of plant and capital equipment and of 2005, the source of such payment received final fiscal year 2012 appropriation from the other expenses, necessary for atomic energy from borrowers is not a loan or other debt general fund estimated at not more than defense, other defense activities, and classi- $125,740,000. obligation that is guaranteed by the Federal fied activities, in carrying out the purposes Government: Provided further, That pursuant OFFICE OF THE INSPECTOR GENERAL of the Department of Energy Organization to section 1702(b)(2) of the Energy Policy Act For necessary expenses of the Office of the Act (42 U.S.C. 7101 et seq.), including the ac- of 2005, no appropriations are available to Inspector General in carrying out the provi- quisition or condemnation of any real prop- pay the subsidy cost of such guarantees for sions of the Inspector General Act of 1978, as erty or any facility or for plant or facility nuclear power or fossil energy facilities: Pro- amended, $41,774,000, to remain available acquisition, construction, or expansion, and vided further, That none of the loan guar- until expended. the purchase of not to exceed 10 passenger antee authority made available in this Act ATOMIC ENERGY DEFENSE ACTIVITIES motor vehicles for replacement only, shall be available for commitments to guar- NATIONAL NUCLEAR SECURITY $819,000,000, to remain available until ex- antee loans for any projects where funds, ADMINISTRATION pended. personnel, or property (tangible or intan- WEAPONS ACTIVITIES POWER MARKETING ADMINISTRATION gible) of any Federal agency, instrumentality, personnel or affiliated entity are ex- For Department of Energy expenses, in- BONNEVILLE POWER ADMINISTRATION FUND pected to be used (directly or indirectly) cluding the purchase, construction, and ac- Expenditures from the Bonneville Power through acquisitions, contracts, demonstra- quisition of plant and capital equipment and Administration Fund, established pursuant tions, exchanges, grants, incentives, leases, other incidental expenses necessary for to Public Law 93–454, are approved for the procurements, sales, other transaction au- atomic energy defense weapons activities in Kootenai River Native Fish Conservation thority, or other arrangements, to support carrying out the purposes of the Department Aquaculture Program, Lolo Creek Perma- the project or to obtain goods or services of Energy Organization Act (42 U.S.C. 7101 et nent Weir Facility, and Improving Anad- seq.), including the acquisition or condemna- from the project: Provided further, That the romous Fish production on the Warm tion of any real property or any facility or previous provision shall not be interpreted as Springs Reservation, and, in addition, for of- for plant or facility acquisition, construc- precluding the use of the loan guarantee au- ficial reception and representation expenses tion, or expansion, the purchase of not to ex- thority in this Act for commitment to guar- in an amount not to exceed $7,000. During fis- ceed one ambulance and one aircraft; antee loans for projects as a result of such cal year 2012, no new direct loan obligations $7,190,000,000, to remain available until ex- projects benefiting from (a) otherwise allow- may be made. pended. able Federal income tax benefits; (b) being OPERATION AND MAINTENANCE, SOUTHEASTERN DEFENSE NUCLEAR NONPROLIFERATION located on Federal land pursuant to a lease POWER ADMINISTRATION (INCLUDING RESCISSION) or right-of-way agreement for which all con- For necessary expenses of operation and sideration for all uses is (i) paid exclusively For Department of Energy expenses, in- maintenance of power transmission facilities in cash, (ii) deposited in the Treasury as off- cluding the purchase, construction, and ac- and of marketing electric power and energy, setting receipts, and (iii) equal to the fair quisition of plant and capital equipment and including transmission wheeling and ancil- market value as determined by the head of other incidental expenses necessary for de- lary services pursuant to section 5 of the the relevant Federal agency; (c) Federal in- fense nuclear nonproliferation activities, in Flood Control Act of 1944 (16 U.S.C. 825s), as surance programs, including Price-Anderson; carrying out the purposes of the Department applied to the southeastern power area, or (d) for electric generation projects, use of of Energy Organization Act (42 U.S.C. 7101 et $8,428,000, to remain available until ex- transmission facilities owned or operated by seq.), including the acquisition or condemna- pended: Provided, That notwithstanding 31 a Federal Power Marketing Administration tion of any real property or any facility or U.S.C. 3302 and section 5 of the Flood Control or the Tennessee Valley Authority that have for plant or facility acquisition, construc- Act of 1944, up to $8,428,000 collected by the been authorized, approved, and financed tion, or expansion, and the purchase of not Southeastern Power Administration from independent of the project receiving the to exceed one passenger motor vehicle for re- the sale of power and related services shall guarantee: Provided further, That none of the placement only, $2,404,300,000, to remain be credited to this account as discretionary loan guarantee authority made available in available until expended: Provided, That of offsetting collections, to remain available this Act shall be available for any project the unobligated balances available under until expended for the sole purpose of fund- unless the Director of the Office of Manage- this heading, $21,000,000 are hereby rescinded. ing the annual expenses of the Southeastern ment and Budget has certified in advance in NAVAL REACTORS Power Administration: Provided further, That writing that the loan guarantee and the For Department of Energy expenses nec- the sum herein appropriated for annual ex- project comply with the provisions under essary for naval reactors activities to carry penses shall be reduced as collections are re- this title. out the Department of Energy Organization ceived during the fiscal year so as to result ADVANCED TECHNOLOGY VEHICLES Act (42 U.S.C. 7101 et seq.), including the ac- in a final fiscal year 2012 appropriation esti- MANUFACTURING LOAN PROGRAM quisition (by purchase, condemnation, con- mated at not more than $0: Provided further, For administrative expenses in carrying struction, or otherwise) of real property, That, notwithstanding 31 U.S.C. 3302, up to out the Advanced Technology Vehicles Man- plant, and capital equipment, facilities, and $100,162,000 collected by the Southeastern ufacturing Loan Program, $6,000,000, to re- facility expansion, $1,100,000,000, to remain Power Administration pursuant to the Flood main available until expended. available until expended. Control Act of 1944 to recover purchase

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The unexpended balances of prior penses means expenditures that are gen- up to $306,541,000 collected by the Western appropriations provided for activities in this erally recovered in the same year that they Area Power Administration pursuant to the Act may be available to the same appropria- are incurred (excluding purchase power and Flood Control Act of 1944 and the Reclama- tion accounts for such activities established wheeling expenses). tion Project Act of 1939 to recover purchase pursuant to this title. Available balances OPERATION AND MAINTENANCE, power and wheeling expenses shall be cred- may be merged with funds in the applicable SOUTHWESTERN POWER ADMINISTRATION ited to this account as offsetting collections, established accounts and thereafter may be For necessary expenses of operation and to remain available until expended for the accounted for as one fund for the same time maintenance of power transmission facilities sole purpose of making purchase power and period as originally enacted. and of marketing electric power and energy, wheeling expenditures: Provided further, That SEC. 302. When the Department of Energy for construction and acquisition of trans- for purposes of this appropriation, annual ex- makes a user facility available to univer- mission lines, substations and appurtenant penses means expenditures that are gen- sities or other potential users, or seeks input facilities, and for administrative expenses, erally recovered in the same year that they from universities or other potential users re- including official reception and representa- are incurred (excluding purchase power and garding significant characteristics or equip- tion expenses in an amount not to exceed wheeling expenses). ment in a user facility or a proposed user fa- $1,500 in carrying out section 5 of the Flood FALCON AND AMISTAD OPERATING AND cility, the Department shall ensure broad Control Act of 1944 (16 U.S.C. 825s), as applied MAINTENANCE FUND public notice of such availability or such to the Southwestern Power Administration, For operation, maintenance, and emer- need for input to universities and other po- $45,010,000, to remain available until ex- gency costs for the hydroelectric facilities at tential users. When the Department of En- pended: Provided, That notwithstanding 31 the Falcon and Amistad Dams, $4,169,000, to ergy considers the participation of a univer- U.S.C. 3302 and section 5 of the Flood Control remain available until expended, and to be sity or other potential user as a formal part- Act of 1944 (16 U.S.C. 825s), up to $33,118,000 derived from the Falcon and Amistad Oper- ner in the establishment or operation of a collected by the Southwestern Power Admin- ating and Maintenance Fund of the Western user facility, the Department shall employ istration from the sale of power and related Area Power Administration, as provided in full and open competition in selecting such a services shall be credited to this account as section 2 of the Act of June 18, 1954 (68 Stat. partner. For purposes of this section, the discretionary offsetting collections, to re- 255) as amended: Provided, That notwith- term ‘‘user facility’’ includes, but is not lim- main available until expended, for the sole standing the provisions of that Act and of 31 ited to: purpose of funding the annual expenses of U.S.C. 3302, up to $3,949,000 collected by the (1) a user facility as described in section the Southwestern Power Administration: Western Area Power Administration from 2203(a)(2) of the Energy Policy Act of 1992 (42 Provided further, That the sum herein appro- the sale of power and related services from U.S.C. 13503(a)(2)); priated for annual expenses shall be reduced the Falcon and Amistad Dams shall be cred- (2) a National Nuclear Security Adminis- as collections are received during the fiscal ited to this account as discretionary offset- tration Defense Programs Technology De- year so as to result in a final fiscal year 2012 ting collections, to remain available until ployment Center/User Facility; and appropriation estimated at not more than expended for the sole purpose of funding the (3) any other Departmental facility des- $11,892,000: Provided further, That, notwith- annual expenses of the hydroelectric facili- ignated by the Department as a user facility. standing 31 U.S.C. 3302, up to $40,000,000 col- ties of these Dams and associated Western SEC. 303. Funds appropriated by this or any lected by the Southwestern Power Adminis- Area Power Administration activities: Pro- other Act, or made available by the transfer tration pursuant to the Flood Control Act of vided further, That the sum herein appro- of funds in this Act, for intelligence activi- 1944 to recover purchase power and wheeling priated for annual expenses shall be reduced ties are deemed to be specifically authorized expenses shall be credited to this account as as collections are received during the fiscal by the Congress for purposes of section 504 of offsetting collections, to remain available year so as to result in a final fiscal year 2012 the National Security Act of 1947 (50 U.S.C. until expended for the sole purpose of mak- appropriation estimated at not more than 414) during fiscal year 2012 until the enacting purchase power and wheeling expendi- $220,000: Provided further, That for purposes ment of the Intelligence Authorization Act tures: Provided further, That for purposes of of this appropriation, annual expenses means for fiscal year 2012. this appropriation, annual expenses means expenditures that are generally recovered in SEC. 304. (a) SUBMISSION TO CONGRESS.—The expenditures that are generally recovered in the same year that they are incurred. Secretary of Energy shall submit to Con- the same year that they are incurred (ex- gress each year, at the time that the Presi- FEDERAL ENERGY REGULATORY COMMISSION cluding purchase power and wheeling ex- dent’s budget is submitted to Congress that penses). SALARIES AND EXPENSES year under section 1105(a) of title 31, United CONSTRUCTION, REHABILITATION, OPERATION For necessary expenses of the Federal En- States Code, a future-years energy program AND MAINTENANCE, WESTERN AREA POWER ergy Regulatory Commission to carry out reflecting the estimated expenditures and ADMINISTRATION the provisions of the Department of Energy proposed appropriations included in that For carrying out the functions authorized Organization Act (42 U.S.C. 7101 et seq.), in- budget. Any such future-years energy pro- by title III, section 302(a)(1)(E) of the Act of cluding services as authorized by 5 U.S.C. gram shall cover the fiscal year with respect August 4, 1977 (42 U.S.C. 7152), and other re- 3109, the hire of passenger motor vehicles, to which the budget is submitted and at lated activities including conservation and and official reception and representation ex- least the four succeeding fiscal years. A fu- renewable resources programs as authorized, penses not to exceed $3,000,$304,600,000, to re- ture-years energy program shall be included including official reception and representa- main available until expended: Provided, in the fiscal year 2014 budget submission to tion expenses in an amount not to exceed That notwithstanding any other provision of Congress and every fiscal year thereafter. $1,500; $285,900,000, to remain available until law, not to exceed $304,600,000 of revenues (b) ELEMENTS.—Each future-years energy expended, of which $278,856,000 shall be de- from fees and annual charges, and other program shall contain the following: rived from the Department of the Interior services and collections in fiscal year 2012 (1) The estimated expenditures and pro- Reclamation Fund: Provided, That notwith- shall be retained and used for necessary ex- posed appropriations necessary to support standing 31 U.S.C. 3302, section 5 of the Flood penses in this account, and shall remain programs, projects, and activities of the Sec- Control Act of 1944 (16 U.S.C. 825s), and sec- available until expended: Provided further, retary of Energy during the 5-fiscal year pe- tion 1 of the Interior Department Appropria- That the sum herein appropriated from the riod covered by the program, expressed in a tion Act, 1939 (43 U.S.C. 392a), up to general fund shall be reduced as revenues are level of detail comparable to that contained $189,932,000 collected by the Western Area received during fiscal year 2012 so as to rein the budget submitted by the President to Power Administration from the sale of power sult in a final fiscal year 2012 appropriation Congress under section 1105 of title 31, and related services shall be credited to this from the general fund estimated at not more United States Code. account as discretionary offsetting collec- than $0: Provided further, That not later than (2) The estimated expenditures and pro- tions, to remain available until expended, for 180 days after the date of enactment of this posed appropriations shaped by high-level, the sole purpose of funding the annual ex- Act, the Commission shall issue such regula- prioritized program and budgetary guidance penses of the Western Area Power Adminis- tions as are necessary to clarify that a State that is consistent with the administration’s tration: Provided further, That the sum here- may establish rates for the wholesale sale of policies and out year budget projections and in appropriated for annual expenses shall be electric energy in interstate commerce pur- reviewed by DOE’s senior leadership to en- reduced as collections are received during suant to the Public Utility Regulatory Poli- sure that the future-years energy program is the fiscal year so as to result in a final fiscal cies Act of 1978 such that those rates shall consistent and congruent with previously es- year 2012 appropriation estimated at not not unduly discriminate against the quali- tablished program and budgetary guidance. more than $95,968,000, of which $88,924,000 is fying cogeneration facility or qualifying (3) A description of the anticipated work- derived from the Reclamation Fund: Provided small power production facility selling the load requirements for each DOE national further, That of the amount herein appro- electric energy or exceed the costs to laboratory during the 5-fiscal year period.

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(c) CONSISTENCY IN BUDGETING.— SEC. 311. (a) Any determination (including DELTA REGIONAL AUTHORITY (1) The Secretary of Energy shall ensure a determination made prior to the date of SALARIES AND EXPENSES that amounts described in subparagraph (A) enactment of this Act) by the Secretary pur- For necessary expenses of the Delta Re- of paragraph (2) for any fiscal year are con- suant to section 3112(d)(2)(B) of the USEC gional Authority and to carry out its activi- sistent with amounts described in subpara- Privatization Act (110 Stat. 1321–335), as ties, as authorized by the Delta Regional Au- graph (B) of paragraph (2) for that fiscal amended, that the sale or transfer of ura- thority Act of 2000, as amended, notwith- year. nium will not have an adverse material im- standing sections 382C(b)(2), 382F(d), 382M, (2) Amounts referred to in paragraph (1) pact on the domestic uranium mining, con- and 382N of said Act, $9,925,000, to remain are the following: version, or enrichment industry shall be available until expended. (A) The amounts specified in program and valid for not more than 2 calendar years sub- DENALI COMMISSION budget information submitted to Congress sequent to such determination. For expenses of the Denali Commission in- by the Secretary of Energy in support of ex- (b) Not less than 30 days prior to the trans- cluding the purchase, construction, and ac- penditure estimates and proposed appropria- fer, sale, barter, distribution, or other provi- quisition of plant and capital equipment as tions in the budget submitted to Congress by sion of uranium in any form for the purpose necessary and other expenses, $9,077,000, to the President under section 1105(a) of title of accelerating cleanup at a Federal site, the remain available until expended, notwith- 31, United States Code, for any fiscal year, as Secretary shall notify the House and Senate standing the limitations contained in section shown in the future-years energy program Committees on Appropriations of the fol- 306(g) of the Denali Commission Act of 1998: submitted pursuant to subsection (a). lowing: Provided, That funds shall be available for (B) The total amounts of estimated ex- (1) the amount of uranium to be trans- construction projects in an amount not to penditures and proposed appropriations nec- ferred, sold, bartered, distributed, or other- exceed 80 percent of total project cost for essary to support the programs, projects, and wise provided; distressed communities, as defined by sec- activities of the administration included (2) an estimate by the Secretary of the tion 307 of the Denali Commission Act of 1998 pursuant to paragraph (5) of section 1105(a) gross market value of the uranium on the ex- (division C, title III, Public Law 105–277), as of such title in the budget submitted to Con- pected date of the transfer, sale, barter, dis- amended by section 701 of appendix D, title gress under that section for any fiscal year. tribution, or other provision of the uranium; VII, Public Law 106–113 (113 Stat. 1501A–280), SEC. 305. Section 1702 of the Energy Policy (3) the expected date of transfer, sale, bar- and an amount not to exceed 50 percent for Act of 2005 (42 U.S.C. 16512) is amended— ter, distribution, or other provision of the non-distressed communities. (1) by striking subsection (b) and inserting uranium; NUCLEAR REGULATORY COMMISSION the following: (4) the recipient of the uranium; and ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- (5) the value of the services the Secretary SALARIES AND EXPENSES TION.— expects to receive in exchange for the ura- For necessary expenses of the Commission ‘‘(1) IN GENERAL.—No guarantee shall be nium, including any reductions to the gross in carrying out the purposes of the Energy made unless— value of the uranium by the recipient. Reorganization Act of 1974, as amended, and ‘‘(A) an appropriation for the cost of the (c) Not later than June 30, 2012, the Sec- the Atomic Energy Act of 1954, as amended, guarantee has been made; retary shall submit to the House and Senate including official representation expenses ‘‘(B) the Secretary has received from the Committees on Appropriations a revised ex- (not to exceed $25,000), $1,027,240,000, to re- borrower a payment in full for the cost of cess uranium inventory management plan main available until expended: Provided, the guarantee and deposited the payment for fiscal years 2013 through 2018. That revenues from licensing fees, inspection into the Treasury; or services, and other services and collections (d) Not later than December 31, 2011 the ‘‘(C) a combination of one or more appro- estimated at $899,726,000 in fiscal year 2012 Secretary shall submit to the House and priations under subparagraph (A) and one or shall be retained and used for necessary sala- Senate Committees on Appropriations a re- more payments from the borrower under sub- ries and expenses in this account, notwith- port evaluating the economic feasibility of paragraph (B) has been made that is suffi- standing 31 U.S.C. 3302, and shall remain re-enriching depleted uranium located at cient to cover the cost of the guarantee.’’. available until expended: Provided further, Federal sites. SEC. 306. Plant or construction projects for That the sum herein appropriated shall be which amounts are made available under SEC. 312. (a) The Secretary of Energy may reduced by the amount of revenues received this and subsequent appropriation Acts with allow a third party, on a fee-for-service during fiscal year 2012 so as to result in a a current estimated cost of less than basis, to operate and maintain a metering final fiscal year 2012 appropriation estimated $10,000,000 are considered for purposes of sec- station of the Strategic Petroleum Reserve at not more than $127,514,000. that is underutilized (as defined in section tion 4703 of Public Law 107–314 as a plant OFFICE OF INSPECTOR GENERAL project for which the approved total esti- 102–75.50 of title 41, Code of Federal Regula- For necessary expenses of the Office of the mated cost does not exceed the minor con- tions (or successor regulations)) and related Inspector General in carrying out the provi- struction threshold and for purposes of sec- equipment. sions of the Inspector General Act of 1978, tion 4704 of Public Law 107–314 as a construc- (b) Funds collected under subsection (a) $10,860,000, to remain available until ex- tion project with a current estimated cost of shall be deposited in the general fund of the pended: Provided, That revenues from licens- less than a minor construction threshold. Treasury. ing fees, inspection services, and other serv- SEC. 307. In section 839b(h)(10)(B) of title 16, TITLE IV ices and collections estimated at $9,774,000 in United States Code, strike ‘‘$1,000,000’’ and fiscal year 2012 shall be retained and be insert ‘‘$5,000,000.’’ INDEPENDENT AGENCIES available until expended, for necessary sala- APPALACHIAN REGIONAL COMMISSION (RESCISSION) ries and expenses in this account, notwith- SEC. 308. None of the funds in this Act or For expenses necessary to carry out the standing section 3302 of title 31, United any other Act shall be used to deposit funds programs authorized by the Appalachian Re- States Code: Provided further, That the sum in excess of $25,000,000 from any Federal roy- gional Development Act of 1965, as amended, herein appropriated shall be reduced by the alties, rents, and bonuses derived from Fed- for necessary expenses for the Federal Co- amount of revenues received during fiscal eral onshore and off-shore oil and gas leases Chairman and the Alternate on the Appa- year 2012 so as to result in a final fiscal year issued under the Outer Continental Shelf lachian Regional Commission, for payment 2012 appropriation estimated at not more Lands Act (43 U.S.C. 1331 et seq.) and the of the Federal share of the administrative than $1,086,000. Mineral Leasing Act (30 U.S.C. 181 et seq.) expenses of the Commission, including serv- NUCLEAR WASTE TECHNICAL REVIEW BOARD into the Ultra-Deepwater and Unconven- ices as authorized by 5 U.S.C. 3109, and hire SALARIES AND EXPENSES tional Natural Gas and Other Petroleum Re- of passenger motor vehicles, $58,024,000, to For necessary expenses of the Nuclear search Fund. remain available until expended. Waste Technical Review Board, as author- (RESCISSION) DEFENSE NUCLEAR FACILITIES SAFETY BOARD ized by Public Law 100–203, section 5051, SEC. 309. Of the amounts appropriated in SALARIES AND EXPENSES $3,400,000 to be derived from the Nuclear this title, $73,700,000 are hereby rescinded, to Waste Fund, and to remain available until reflect savings from the contractor pay For necessary expenses of the Defense Nu- expended. freeze instituted by the Department. The De- clear Facilities Safety Board in carrying out OFFICE OF THE FEDERAL COORDINATOR FOR partment shall allocate the rescission among activities authorized by the Atomic Energy ALASKA NATURAL GAS TRANSPORTATION the appropriations made in this title. Act of 1954, as amended by Public Law 100– PROJECTS SEC. 310. Recipients of grants awarded by 456, section 1441, $29,130,000, to remain avail- the Department in excess of $1,000,000 shall able until September 30, 2013: Provided, That For necessary expenses for the Office of the certify that they will, by the end of the fis- within 90 days of enactment of this Act the Federal Coordinator for Alaska Natural Gas cal year, upgrade the efficiency of their fa- Defense Nuclear Facilities Safety Board Transportation Projects pursuant to the cilities by replacing any lighting that does shall enter into an agreement for fiscal year Alaska Natural Gas Pipeline Act of 2004, not meet or exceed the energy efficiency 2012 and hereafter with the Office of the In- $1,000,000. standard for incandescent light bulbs set spector General of either the Nuclear Regu- NORTHERN BORDER REGIONAL COMMISSION forth in section 325 of the Energy Policy and latory Commission or the Department of En- For necessary expenses of the Northern Conservation Act (42 U.S.C. 6295). ergy for inspector general services. Border Regional Commission in carrying out

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DEPARTMENTAL OFFICES CORPS OF ENGINEERS—CIVIL SALARIES AND EXPENSES SOUTHEAST CRESCENT REGIONAL COMMISSION MISSISSIPPI RIVER AND TRIBUTARIES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Southeast For an additional amount for ‘‘Mississippi For necessary expenses of the Depart- Crescent Regional Commission in carrying River and Tributaries’’ for expenses result- mental Offices including operation and out activities authorized by subtitle V of ing from a major disaster designation pursu- maintenance of the Treasury Building and title 40, United States Code, $213,000, to re- ant to the Robert T. Stafford Disaster Relief Annex; hire of passenger motor vehicles; main available until expended. and Emergency Assistance Act (42 U.S.C. maintenance, repairs, and improvements of, 5122(2)), $890,177,300, to remain available until and purchase of commercial insurance poli- GENERAL PROVISIONS expended for repair of damages to Federal cies for, real properties leased or owned over- projects: Provided, That the Assistant Sec- seas, when necessary for the performance of SEC. 401. (a) DEFINITIONS.—In this section: retary of the Army for Civil Works shall pro- (1) CHAIRPERSON.—The term ‘‘Chairperson’’ official business, $306,388,000, including for vide a monthly report to the Committees on terrorism and financial intelligence activi- means the Chairperson of the Commission. Appropriations of the House of Representa- (2) COMMISSION.—The term ‘‘Commission’’ ties; executive direction program activities; tives and the Senate detailing the allocation international affairs and economic policy ac- means the Nuclear Regulatory Commission. and obligation of these funds, beginning not (3) SPENT FUEL POOL.—The term ‘‘spent tivities; domestic finance and tax policy ac- later than 60 days after enactment of this tivities; and Treasury-wide management fuel pool’’ means an underwater storage and Act: Provided further, That the amount in cooling facility for spent (or depleted) fuel policies and programs activities: Provided, this paragraph is designated by Congress as That of the amount appropriated under this assemblies that have been removed from a being for disaster relief pursuant to section reactor. heading, not to exceed $3,000,000, to remain 251(b)(2)(D) of the Balanced Budget and available until September 30, 2013, is for in- (b) As soon as practicable after the date of Emergency Deficit Control Act of 1985 (Pub- formation technology modernization re- enactment of this Act, the Chairperson shall lic Law 99–177), as amended. quirements; not to exceed $200,000 is for offi- order licencees to, in accordance with the OPERATION AND MAINTENANCE cial reception and representation expenses; recommendations of the 90-day task force of For an additional amount for ‘‘Operation $200,000 is to support international represen- the Commission, enhance spent fuel pools by: and Maintenance’’ for expenses resulting tation commitments of the Secretary; and (1) providing sufficient safety-related in- from a major disaster designation pursuant not to exceed $258,000 is for unforeseen emer- strumentation that is able to withstand de- to the Robert T. Stafford Disaster Relief and gencies of a confidential nature, to be allo- sign-basis natural phenomena to monitor Emergency Assistance Act (42 U.S.C. 5122(2)) cated and expended under the direction of key spent fuel pool parameters (such as to dredge navigation channels and repair the Secretary of the Treasury and to be ac- water level, temperature, and area radiation damage to Corps projects nationwide, counted for solely on his certificate: Provided levels) from a control room; $88,003,700, to remain available until ex- further, That of the amount appropriated (2) providing safety-related, alternating- pended: Provided, That the Assistant Sec- under this heading, $6,787,000, to remain current electrical power for the spent fuel retary of the Army for Civil Works shall pro- available until September 30, 2013, is for the pool makeup system; vide a monthly report to the Committees on Treasury-wide Financial Statement Audit (3) providing onsite emergency electrical Appropriations of the House of Representa- and Internal Control Program, of which such power for spent fuel pools and instrumenta- tives and the Senate detailing the allocation amounts as may be necessary may be trans- tion for cases in which there exists irradi- and obligation of these funds, beginning not ferred to accounts of the Department’s of- ated fuel in a spent fuel pool, regardless of later than 60 days after enactment of this fices and bureaus to conduct audits: Provided the operational mode of the relevant reactor; Act: Provided further, That the amount in further, That this transfer authority shall be and this paragraph is designated by Congress as in addition to any other provided in this Act: (4) installing a seismically qualified means being for disaster relief pursuant to section Provided further, That of the amount appro- to spray water into spent fuel pools, includ- 251(b)(2)(D) of the Balanced Budget and priated under this heading, $500,000, to re- ing an easily accessible connection to supply Emergency Deficit Control Act of 1985 (Pub- main available until September 30, 2013, is the water (such as using a portable pump or lic Law 99–177), as amended. for secure space requirements: Provided fur- pumper truck) at grade outside a relevant FLOOD CONTROL AND COASTAL EMERGENCIES ther, That of the amount appropriated under structure. For an additional amount for ‘‘Flood Con- this heading, up to $3,400,000, to remain SEC. 402. Consistent with the findings of its trol and Coastal Emergencies’’, for expenses available until September 30, 2014, is to de- 90 Day Task Force, the Nuclear Regulatory resulting from a major disaster designation velop and implement programs within the Commission shall order licensees to reevalu- pursuant to the Robert T. Stafford Disaster Office of Critical Infrastructure Protection ate the seismic, tsunami, flooding and other Relief and Emergency Assistance Act (42 and Compliance Policy, including entering hazards at their sites as expeditiously as pos- U.S.C. 5122(2)) as authorized by section 5 of into cooperative agreements: Provided fur- sible, and thereafter, at least once every 10 the Act of August 18, 1941 (33 U.S.C. 701n), for ther, That notwithstanding any other provi- years, and the Commission shall require li- necessary expenses to prepare for flood, hur- sion of law, up to $1,000,000, may be contrib- censees to demonstrate to the Commission ricane and other natural disasters and sup- uted to the Global Forum on Transparency that the design basis of structures, systems, port emergency operations, repair and other and Exchange of Information for Tax Pur- and components for each operating reactor activities in response to recent natural dis- poses, a Part II Program of the Organization meet current NRC requirements and guid- asters as authorized by law, $66,387,000, to re- for Economic Cooperation and Development, ance with regard to these threats. The Com- main available until expended: Provided, to cover the cost assessed by that organiza- mission shall require licensees to update the That the Assistant Secretary of the Army tion for Treasury’s participation therein: design basis of structures, systems, and com- for Civil Works shall provide a monthly re- Provided further, That of the amount appro- ponents for each operating reactor, if nec- port to the Committees on Appropriations of priated under this heading, up to $2,500,000 essary. the House of Representatives and the Senate may be used for training, recruitment, reten- detailing the allocation and obligation of tion, and hiring additional members of the TITLE V these funds, beginning not later than 60 days acquisition workforce as defined by the Of- fice of Federal Procurement Policy Act, as GENERAL PROVISIONS after enactment of this Act: Provided further, That the amount in this paragraph is des- amended (41 U.S.C. 401 et seq.) and for infor- SEC. 501. None of the funds appropriated by ignated by Congress as being for disaster re- mation technology in support of acquisition this Act may be used in any way, directly or lief pursuant to section 251(b)(2)(D) of the workforce effectiveness and management. indirectly, to influence congressional action Balanced Budget and Emergency Deficit OFFICE OF INSPECTOR GENERAL on any legislation or appropriation matters Control Act of 1985 (Public Law 99–177), as SALARIES AND EXPENSES pending before Congress, other than to com- amended. For necessary expenses of the Office of In- municate to Members of Congress as de- This Act may be cited as the ‘‘Energy and spector General in carrying out the provi- scribed in 18 U.S.C. 1913. Water Development and Related Agencies sions of the Inspector General Act of 1978, SEC. 502. None of the funds made available Appropriations Act, 2012’’. $29,641,000, of which not to exceed $2,000,000 in this Act may be transferred to any depart- DIVISION B—FINANCIAL SERVICES AND shall be available for official travel expenses, ment, agency, or instrumentality of the GENERAL GOVERNMENT including hire of passenger motor vehicles; United States Government, except pursuant The following sums are appropriated, out of which not to exceed $100,000 shall be avail- to a transfer made by, or transfer authority of any money in the Treasury not otherwise able for unforeseen emergencies of a con- provided in this Act or any other appropria- appropriated, for financial services and gen- fidential nature, to be allocated and ex- tion Act. eral government for the fiscal year ending pended under the direction of the Inspector

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General of the Treasury; and of which not to UNITED STATES MINT ices, including pre-filing assistance and edu- exceed $2,500 shall be available for official re- UNITED STATES MINT PUBLIC ENTERPRISE FUND cation, filing and account services, taxpayer ception and representation expenses. Pursuant to section 5136 of title 31, United advocacy services, and other services as au- TREASURY INSPECTOR GENERAL FOR TAX States Code, the United States Mint is pro- thorized by 5 U.S.C. 3109, at such rates as ADMINISTRATION vided funding through the United States may be determined by the Commissioner, $2,195,522,000, of which not less than $6,100,000 SALARIES AND EXPENSES Mint Public Enterprise Fund for costs asso- shall be for the Tax Counseling for the Elder- For necessary expenses of the Treasury In- ciated with the production of circulating ly Program, of which not less than $10,000,000 spector General for Tax Administration in coins, numismatic coins, and protective shall be available for low-income taxpayer carrying out the Inspector General Act of services, including both operating expenses clinic grants, of which not less than 1978, including purchase (not to exceed 150 and capital investments. The aggregate $12,000,000, to remain available until Sep- for replacement only for police-type use) and amount of new liabilities and obligations in- tember 30, 2013, shall be available for a Com- hire of passenger motor vehicles (31 U.S.C. curred during fiscal year 2012 under such sec- munity Volunteer Income Tax Assistance 1343(b)); services authorized by 5 U.S.C. 3109, tion 5136 for circulating coinage and protec- matching grants demonstration program for at such rates as may be determined by the tive service capital investments of the tax return preparation assistance, of which Inspector General for Tax Administration; United States Mint shall not exceed not less than $207,738,000 shall be available $151,696,000, of which not to exceed $6,000,000 $20,000,000. for operating expenses of the Taxpayer Advo- shall be available for official travel expenses; BUREAU OF THE PUBLIC DEBT cate Service, and of which up to $6,000,000 of which not to exceed $500,000 shall be avail- ADMINISTERING THE PUBLIC DEBT may be transferred as necessary from this able for unforeseen emergencies of a con- For necessary expenses connected with any account to ‘‘Health Insurance Tax Credit Ad- fidential nature, to be allocated and ex- public-debt issues of the United States, ministration’’ upon advance notification of pended under the direction of the Inspector $173,635,000, of which not to exceed $2,500 the Committees on Appropriations: Provided, General for Tax Administration; and of shall be available for official reception and That this transfer authority shall be in addi- which not to exceed $1,500 shall be available representation expenses, and of which not to tion to any transfer authority provided in for official reception and representation ex- exceed $10,000,000 shall remain available the Act: Provided further, That notwith- penses. until September 30, 2014, for the Do Not Pay standing any other provision of law, the Sec- SPECIAL INSPECTOR GENERAL FOR THE portal initiative: Provided, That the sum ap- retary may publicize the low-income tax- TROUBLED ASSET RELIEF PROGRAM propriated herein from the general fund for payer clinic program and refer taxpayers to SALARIES AND EXPENSES fiscal year 2012 shall be reduced by not more specific qualified low-income taxpayer clin- For necessary expenses of the Office of the than $8,000,000 as definitive security issue ics receiving funding under this heading. Special Inspector General in carrying out fees and Legacy Treasury Direct Investor ENFORCEMENT the provisions of the Emergency Economic Account Maintenance fees are collected, so (INCLUDING TRANSFER OF FUNDS) Stabilization Act of 2008 (Public Law 110– as to result in a final fiscal year 2012 appro- For necessary expenses for tax enforce- 343), $41,800,000. priation from the general fund estimated at ment activities of the Internal Revenue $165,635,000. In addition, $165,000 to be derived FINANCIAL CRIMES ENFORCEMENT NETWORK Service to determine and collect owed taxes, from the Oil Spill Liability Trust Fund to re- SALARIES AND EXPENSES to provide legal and litigation support, to imburse the Bureau for administrative and conduct criminal investigations, to enforce For necessary expenses of the Financial personnel expenses for financial manage- criminal statutes related to violations of in- Crimes Enforcement Network, including hire ment of the Fund, as authorized by section ternal revenue laws and other financial of passenger motor vehicles; travel and 1012 of Public Law 101–380. training expenses, including for course devel- crimes, to purchase (for police-type use, not opment, of non-Federal and foreign govern- COMMUNITY DEVELOPMENT FINANCIAL to exceed 850) and hire passenger motor vehi- ment personnel to attend meetings and INSTITUTIONS FUND PROGRAM ACCOUNT cles (31 U.S.C. 1343(b)), and to provide other training concerned with domestic and for- To carry out the Community Development services as authorized by 5 U.S.C. 3109, at eign financial intelligence activities, law en- Banking and Financial Institutions Act of such rates as may be determined by the forcement, and financial regulation; not to 1994 (Public Law 103–325), including services Commissioner, $5,228,613,000, of which not exceed $14,000 for official reception and rep- authorized by 5 U.S.C. 3109, but at rates for less than $60,257,000 shall be for the Inter- resentation expenses; and for assistance to individuals not to exceed the per diem rate agency Crime and Drug Enforcement pro- Federal law enforcement agencies, with or equivalent to the rate for ES–3, notwith- gram. without reimbursement, $110,788,000, of standing section 4707(e) of title 12, United OPERATIONS SUPPORT States Code, $200,000,000, to remain available which not to exceed $34,335,000 shall remain For necessary expenses of the Internal until September 30, 2013; of which $12,000,000 available until September 30, 2014: Provided, Revenue Service to support taxpayer serv- shall be for financial assistance, technical That funds appropriated in this account may ices and enforcement programs, including assistance, training and outreach programs, be used to procure personal services con- rent payments; facilities services; printing; designed to benefit Native American, Native tracts. postage; physical security; headquarters and Hawaiian, and Alaskan Native communities TREASURY FORFEITURE FUND other IRS-wide administration activities; re- and provided primarily through qualified (RESCISSION) search and statistics of income; tele- community development lender organiza- communications; information technology de- Of the unobligated balances available tions with experience and expertise in com- velopment, enhancement, operations, main- under this heading, $750,000,000 are rescinded. munity development banking and lending in tenance, and security; the hire of passenger FINANCIAL MANAGEMENT SERVICE Indian country, Native American organiza- motor vehicles (31 U.S.C. 1343(b)); and other tions, tribes and tribal organizations and SALARIES AND EXPENSES services as authorized by 5 U.S.C. 3109, at other suitable providers; of which, notwith- For necessary expenses of the Financial such rates as may be determined by the standing sections 4707(d) and 4707(e) of title Management Service, $217,805,000, of which Commissioner; $3,893,216,000, of which up to 12, United States Code, up to $22,000,000 shall not to exceed $4,210,000 shall remain avail- $250,000,000 shall remain available until Sep- be for a Healthy Food Financing Initiative able until September 30, 2013, for information tember 30, 2013, for information technology to provide grants and loans to community systems modernization initiatives; and of support; of which up to $65,000,000 shall re- development financial institutions for the which not to exceed $2,500 shall be available main available until expended for acquisi- purpose of offering affordable financing and for official reception and representation ex- tion of real property, equipment, construc- technical assistance to expand the avail- penses. tion and renovation of facilities; of which ability of healthy food options in distressed ALCOHOL AND TOBACCO TAX AND TRADE not to exceed $1,000,000 shall remain avail- communities; of which up to $36,000,000 shall BUREAU able until September 30, 2014, for research; of be for initiatives designed to enable individ- which not less than $2,000,000 shall be for the SALARIES AND EXPENSES uals with low or moderate income levels to Internal Revenue Service Oversight Board; of For necessary expenses of carrying out sec- establish bank accounts and to improve ac- which not to exceed $25,000 shall be for offi- tion 1111 of the Homeland Security Act of cess to the provision of bank accounts as au- cial reception and representation expenses. 2002, including hire of passenger motor vehi- thorized by sections 1204 and 1205 of Public cles, $99,878,000; of which not to exceed $6,000 Law 111–203; of which $19,000,000 shall be for BUSINESS SYSTEMS MODERNIZATION for official reception and representation ex- the Bank Enterprise Award program; and of For necessary expenses of the Internal penses; not to exceed $50,000 for cooperative which up to $22,965,000 may be used for ad- Revenue Service’s business systems mod- research and development programs for lab- ministrative expenses, including administra- ernization program, $330,210,000, to remain oratory services; and provision of laboratory tion of the New Markets Tax Credit. available until September 30, 2014, for the assistance to State and local agencies with INTERNAL REVENUE SERVICE capital asset acquisition of information or without reimbursement: Provided, That of technology systems, including management the amount appropriated under this heading, TAXPAYER SERVICES and related contractual costs of said acquisi- $2,000,000 shall be for the costs of special law (INCLUDING TRANSFER OF FUNDS) tions, including related Internal Revenue enforcement agents to target tobacco smug- For necessary expenses of the Internal Service labor costs, and contractual costs as- gling and other criminal diversion activities. Revenue Service to provide taxpayer serv- sociated with operations authorized by 5

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U.S.C. 3109: Provided, That, with the excep- SEC. 107. Not to exceed 2 percent of any ap- SEC. 117. The Secretary of the Treasury tion of labor costs, none of these funds may propriations in this Act made available to shall submit a Capital Investment Plan to be obligated until the Internal Revenue the Departmental Offices—Salaries and Ex- the Committees on Appropriations of the Service submits to the Committees on Ap- penses, Office of Inspector General, Special Senate and the House of Representatives not propriations, and such Committees approve, Inspector General for the Troubled Asset Re- later than 30 days following the submission a plan for expenditure that: lief Program, Financial Management Serv- of the annual budget for the Administration (1) meets the capital planning and invest- ice, Alcohol and Tobacco Tax and Trade Bu- submitted by the President: Provided, That ment control review requirements estab- reau, Financial Crimes Enforcement Net- such Capital Investment Plan shall include lished by the Office of Management and work, and Bureau of the Public Debt, may be capital investment spending from all ac- Budget, including Circular A–11; transferred between such appropriations counts within the Department of the Treas- (2) complies with the Internal Revenue upon the advance approval of the Commit- ury, including but not limited to the Depart- Service’s enterprise architecture, including tees on Appropriations: Provided, That no ment-wide Systems and Capital Investment the modernization blueprint; transfer may increase or decrease any such Programs account, the Working Capital (3) conforms with the Internal Revenue appropriation by more than 2 percent. Fund account, and the Treasury Forfeiture Service’s enterprise life cycle methodology; SEC. 108. Not to exceed 2 percent of any ap- Fund account: Provided further, That such (4) is approved by the Internal Revenue propriation made available in this Act to the Capital Investment Plan shall include ex- Service, the Department of the Treasury, Internal Revenue Service may be transferred penditures occurring in previous fiscal years and the Office of Management and Budget; to the Treasury Inspector General for Tax for each capital investment project that has (5) has been reviewed by the Government Administration’s appropriation upon the ad- not been fully completed. Accountability Office; and vance approval of the Committees on Appro- This title may be cited as the ‘‘Department (6) complies with the acquisition rules, re- priations: Provided, That no transfer may in- of the Treasury Appropriations Act, 2012’’. crease or decrease any such appropriation by quirements, guidelines, and systems acquisi- TITLE II more than 2 percent. tion management practices of the Federal EXECUTIVE OFFICE OF THE PRESIDENT Government. SEC. 109. Of the funds available for the purchase of law enforcement vehicles, no funds AND FUNDS APPROPRIATED TO THE HEALTH INSURANCE TAX CREDIT may be obligated until the Secretary of the PRESIDENT ADMINISTRATION Treasury certifies that the purchase by the COMPENSATION OF THE PRESIDENT For expenses necessary to implement the respective Treasury bureau is consistent For compensation of the President, includ- health insurance tax credit included in the with departmental vehicle management ing an expense allowance at the rate of Trade Act of 2002 (Public Law 107–210), principles: Provided, That the Secretary may $50,000 per annum as authorized by 3 U.S.C. $15,481,000. delegate this authority to the Assistant Sec- 102, $450,000: Provided, That none of the funds ADMINISTRATIVE PROVISIONS—INTERNAL retary for Management. made available for official expenses shall be REVENUE SERVICE SEC. 110. None of the funds appropriated in expended for any other purpose and any un- (INCLUDING TRANSFER OF FUNDS) this Act or otherwise available to the De- used amount shall revert to the Treasury SEC. 101. Not to exceed 5 percent of any ap- partment of the Treasury or the Bureau of pursuant to 31 U.S.C. 1552. Engraving and Printing may be used to rede- propriation made available in this Act to the THE WHITE HOUSE Internal Revenue Service or not to exceed 3 sign the $1 Federal Reserve note. SALARIES AND EXPENSES percent of appropriations under the heading SEC. 111. The Secretary of the Treasury ‘‘Enforcement’’ may be transferred to any may transfer funds from Financial Manage- For necessary expenses for the White other Internal Revenue Service appropria- ment Service, Salaries and Expenses to the House as authorized by law, including not to tion upon the advance approval of the Com- Debt Collection Fund as necessary to cover exceed $3,850,000 for services as authorized by mittees on Appropriations. the costs of debt collection: Provided, That 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence ex- SEC. 102. The Internal Revenue Service such amounts shall be reimbursed to such penses as authorized by 3 U.S.C. 105, which shall maintain a training program to ensure salaries and expenses account from debt col- shall be expended and accounted for as pro- that Internal Revenue Service employees are lections received in the Debt Collection vided in that section; hire of passenger trained in taxpayers’ rights, in dealing cour- Fund. motor vehicles, newspapers, periodicals, tele- teously with taxpayers, and in cross-cultural SEC. 112. Section 122(g)(1) of Public Law type news service, and travel (not to exceed relations. 105–119 (5 U.S.C. 3104 note), is further amend- $100,000 to be expended and accounted for as SEC. 103. The Internal Revenue Service ed by striking ‘‘12 years’’ and inserting ‘‘14 provided by 3 U.S.C. 103); and not to exceed shall institute and enforce policies and pro- years’’. $19,000 for official entertainment expenses, to cedures that will safeguard the confiden- SEC. 113. None of the funds appropriated or be available for allocation within the Execu- tiality of taxpayer information. otherwise made available by this or any tive Office of the President; and for nec- other Act may be used by the United States SEC. 104. Funds made available by this or essary expenses of the Office of Policy Devel- Mint to construct or operate any museum any other Act to the Internal Revenue Serv- opment, including services as authorized by 5 without the explicit approval of the Commit- ice shall be available for improved facilities U.S.C. 3109 and 3 U.S.C. 107, $57,851,000. tees on Appropriations of the House of Rep- and increased staffing to provide sufficient EXECUTIVE RESIDENCE AT THE WHITE HOUSE and effective 1–800 help line service for tax- resentatives and the Senate, the House Com- OPERATING EXPENSES payers. The Commissioner shall continue to mittee on Financial Services, and the Senate make the improvement of the Internal Rev- Committee on Banking, Housing and Urban For the care, maintenance, repair and al- enue Service 1–800 help line service a priority Affairs. teration, refurnishing, improvement, heat- and allocate resources necessary to increase SEC. 114. None of the funds appropriated or ing, and lighting, including electric power phone lines and staff to improve the Internal otherwise made available by this or any and fixtures, of the Executive Residence at Revenue Service 1–800 help line service. other Act or source to the Department of the the White House and official entertainment SEC. 105. None of the funds made available Treasury, the Bureau of Engraving and expenses of the President, $13,536,000, to be in this Act may be used to enter into, renew, Printing, and the United States Mint, indi- expended and accounted for as provided by 3 extend, administer, implement, enforce, or vidually or collectively, may be used to con- U.S.C. 105, 109, 110, and 112–114. solidate any or all functions of the Bureau of provide oversight of any qualified tax collec- REIMBURSABLE EXPENSES Engraving and Printing and the United tion contract (as defined in section 6306 of For the reimbursable expenses of the Exec- the Internal Revenue Code of 1986). States Mint without the explicit approval of the House Committee on Financial Services; utive Residence at the White House, such ADMINISTRATIVE PROVISIONS—DEPARTMENT the Senate Committee on Banking, Housing, sums as may be necessary: Provided, That all OF THE TREASURY and Urban Affairs; the House Committee on reimbursable operating expenses of the Exec- (INCLUDING TRANSFERS OF FUNDS) Appropriations; and the Senate Committee utive Residence shall be made in accordance SEC. 106. Appropriations to the Department on Appropriations. with the provisions of this paragraph: Pro- of the Treasury in this Act shall be available SEC. 115. Funds appropriated by this Act, vided further, That, notwithstanding any for uniforms or allowances therefor, as au- or made available by the transfer of funds in other provision of law, such amount for re- thorized by law (5 U.S.C. 5901), including this Act, for the Department of the Treas- imbursable operating expenses shall be the maintenance, repairs, and cleaning; purchase ury’s intelligence or intelligence related ac- exclusive authority of the Executive Resi- of insurance for official motor vehicles oper- tivities are deemed to be specifically author- dence to incur obligations and to receive off- ated in foreign countries; purchase of motor ized by the Congress for purposes of section setting collections, for such expenses: Pro- vehicles without regard to the general pur- 504 of the National Security Act of 1947 (50 vided further, That the Executive Residence chase price limitations for vehicles pur- U.S.C. 414) during fiscal year 2011 until the shall require each person sponsoring a reim- chased and used overseas for the current fis- enactment of the Intelligence Authorization bursable political event to pay in advance an cal year; entering into contracts with the Act for Fiscal Year 2012. amount equal to the estimated cost of the Department of State for the furnishing of SEC. 116. Not to exceed $5,000 shall be made event, and all such advance payments shall health and medical services to employees available from the Bureau of Engraving and be credited to this account and remain avail- and their dependents serving in foreign coun- Printing’s Industrial Revolving Fund for able until expended: Provided further, That tries; and services authorized by 5 U.S.C. necessary official reception and representa- the Executive Residence shall require the na- 3109. tion expenses. tional committee of the political party of

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7525 the President to maintain on deposit $25,000, thorized by 5 U.S.C. 3109 and to carry out the ther, That such transfers or reimbursements to be separately accounted for and available provisions of chapter 35 of title 44, United may only be made following written ap- for expenses relating to reimbursable polit- States Code, $90,833,000, of which not to ex- proval of the Committees on Appropriations ical events sponsored by such committee ceed $3,000 shall be available for official rep- of the House of Representatives and the Sen- during such fiscal year: Provided further, resentation expenses: Provided, That none of ate. That the Executive Residence shall ensure the funds appropriated in this Act for the Of- OFFICE OF NATIONAL DRUG CONTROL POLICY that a written notice of any amount owed for fice of Management and Budget may be used SALARIES AND EXPENSES a reimbursable operating expense under this for the purpose of reviewing any agricultural paragraph is submitted to the person owing marketing orders or any activities or regula- For necessary expenses of the Office of Na- such amount within 60 days after such ex- tions under the provisions of the Agricul- tional Drug Control Policy; for research ac- pense is incurred, and that such amount is tural Marketing Agreement Act of 1937 (7 tivities pursuant to the Office of National collected within 30 days after the submission U.S.C. 601 et seq.): Provided further, That Drug Control Policy Reauthorization Act of of such notice: Provided further, That the Ex- none of the funds made available for the Of- 2006 (Public Law 109–469); not to exceed ecutive Residence shall charge interest and fice of Management and Budget by this Act $10,000 for official reception and representa- assess penalties and other charges on any may be expended for the altering of the tran- tion expenses; and for participation in joint such amount that is not reimbursed within script of actual testimony of witnesses, ex- projects or in the provision of services on such 30 days, in accordance with the interest cept for testimony of officials of the Office of matters of mutual interest with nonprofit, and penalty provisions applicable to an out- Management and Budget, before the Com- research, or public organizations or agencies, standing debt on a United States Govern- mittees on Appropriations or their sub- with or without reimbursement, $26,125,000: ment claim under 31 U.S.C. 3717: Provided fur- committees: Provided further, That none of Provided, That the Office is authorized to ac- ther, That each such amount that is reim- the funds provided in this or prior Acts shall cept, hold, administer, and utilize gifts, both bursed, and any accompanying interest and be used, directly or indirectly, by the Office real and personal, public and private, with- charges, shall be deposited in the Treasury of Management and Budget, for evaluating out fiscal year limitation, for the purpose of as miscellaneous receipts: Provided further, or determining if water resource project or aiding or facilitating the work of the Office. That the Executive Residence shall prepare study reports submitted by the Chief of En- FEDERAL DRUG CONTROL PROGRAMS and submit to the Committees on Appropria- gineers acting through the Secretary of the HIGH INTENSITY DRUG TRAFFICKING AREAS tions, by not later than 90 days after the end Army are in compliance with all applicable PROGRAM laws, regulations, and requirements relevant of the fiscal year covered by this Act, a re- (INCLUDING TRANSFERS OF FUNDS) port setting forth the reimbursable oper- to the Civil Works water resource planning ating expenses of the Executive Residence process: Provided further, That the Office of For necessary expenses of the Office of Na- during the preceding fiscal year, including Management and Budget shall have not more tional Drug Control Policy’s High Intensity the total amount of such expenses, the than 60 days in which to perform budgetary Drug Trafficking Areas Program, $238,522,000, amount of such total that consists of reim- policy reviews of water resource matters on to remain available until September 30, 2013, bursable official and ceremonial events, the which the Chief of Engineers has reported: for drug control activities consistent with amount of such total that consists of reim- Provided further, That the Director of the Of- the approved strategy for each of the des- bursable political events, and the portion of fice of Management and Budget shall notify ignated High Intensity Drug Trafficking each such amount that has been reimbursed the appropriate authorizing and appro- Areas (‘‘HIDTAs’’), of which not less than 51 as of the date of the report: Provided further, priating committees when the 60-day review percent shall be transferred to State and That the Executive Residence shall maintain is initiated: Provided further, That if water local entities for drug control activities and a system for the tracking of expenses related resource reports have not been transmitted shall be obligated not later than 120 days to reimbursable events within the Executive to the appropriate authorizing and appro- after enactment of this Act: Provided, That Residence that includes a standard for the priating committees within 15 days after the up to 49 percent may be transferred to Fed- classification of any such expense as polit- end of the Office of Management and Budget eral agencies and departments in amounts ical or nonpolitical: Provided further, That no review period based on the notification from determined by the Director of the Office of provision of this paragraph may be construed the Director, Congress shall assume Office of National Drug Control Policy (‘‘the Direc- to exempt the Executive Residence from any Management and Budget concurrence with tor’’), of which up to $2,700,000 may be used other applicable requirement of subchapter I the report and act accordingly. for auditing services and associated activities (including up to $500,000 to ensure the or II of chapter 37 of title 31, United States GOVERNMENT-WIDE MANAGEMENT COUNCILS continued operation and maintenance of the Code. (INCLUDING TRANSFER OF FUNDS) Performance Management System): Provided WHITE HOUSE REPAIR AND RESTORATION Notwithstanding 31 U.S.C. 1346 and section further, That, notwithstanding the require- For the repair, alteration, and improve- 708 of this Act, the head of each Executive ments of Public Law 106–58, any unexpended ment of the Executive Residence at the department and agency is hereby authorized funds obligated prior to fiscal year 2010 may White House, $990,000, to remain available to transfer to or reimburse ‘‘General Serv- be used for any other approved activities of until expended, for required maintenance, ices Administration, Government-wide Pol- that High Intensity Drug Trafficking Area, resolution of safety and health issues, and icy’’ with the approval of the Director of the subject to reprogramming requirements: Pro- continued preventative maintenance. Office of Management and Budget, funds vided further, That each High Intensity Drug made available for fiscal year 2012 by this or COUNCIL OF ECONOMIC ADVISERS Trafficking Area designated as of September any other Act, including rebates from charge SALARIES AND EXPENSES 30, 2011, shall be funded at not less than the card and other contracts: Provided, That fiscal year 2011 base level, unless the Direc- For necessary expenses of the Council of these funds shall be administered by the Ad- tor submits to the Committees on Appropria- Economic Advisers in carrying out its func- ministrator of General Services to support tions of the House of Representatives and tions under the Employment Act of 1946 (15 Government-wide and other multi-agency fi- the Senate justification for changes to those U.S.C. 1021 et seq.), $4,192,000. nancial, information technology, procure- levels based on clearly articulated priorities NATIONAL SECURITY COUNCIL AND HOMELAND ment, and other management innovations, and published Office of National Drug Con- SECURITY COUNCIL initiatives, and activities, as approved by the trol Policy performance measures of effec- SALARIES AND EXPENSES Director of the Office of Management and tiveness: Provided further, That the Director Budget, in consultation with the appropriate shall notify the Committees on Appropria- For necessary expenses of the National Se- interagency and multi-agency groups des- curity Council and the Homeland Security tions of the initial allocation of fiscal year ignated by the Director, including the Presi- 2012 funding among HIDTAs not later than 45 Council, including services as authorized by dent’s Management Council for overall man- 5 U.S.C. 3109, $13,048,000. days after enactment of this Act, and shall agement improvement initiatives, the Chief notify the Committees of planned uses of dis- OFFICE OF ADMINISTRATION Financial Officers Council for financial man- cretionary HIDTA funding, as determined in SALARIES AND EXPENSES agement initiatives, the Chief Information consultation with the HIDTA Directors, not For necessary expenses of the Office of Ad- Officers Council for information technology later than 90 days after enactment of this ministration, including services as author- initiatives, the Chief Human Capital Officers Act. Council for human capital initiatives, the ized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire OTHER FEDERAL DRUG CONTROL PROGRAMS of passenger motor vehicles, $114,908,000, of Chief Acquisition Officers Council for pro- (INCLUDING TRANSFERS OF FUNDS) which $10,670,000 shall remain available until curement initiatives, and the Performance expended for continued modernization of the Improvement Council for performance im- For other drug control activities author- information technology infrastructure with- provement initiatives: Provided further, That ized by the Office of National Drug Control in the Executive Office of the President. the total funds transferred or reimbursed Policy Reauthorization Act of 2006 (Public shall not exceed $17,000,000: Provided further, Law 109–469), $105,950,000, to remain available OFFICE OF MANAGEMENT AND BUDGET That the funds transferred to or for reim- until expended, which shall be available as SALARIES AND EXPENSES bursement of ‘‘General Services Administra- follows: $92,600,000 for the Drug-Free Commu- For necessary expenses of the Office of tion, Government-wide Policy’’ during fiscal nities Program, of which $2,000,000 shall be Management and Budget, including hire of year 2012 shall remain available for obliga- made available as directed by section 4 of passenger motor vehicles and services as au- tion through September 30, 2013: Provided fur- Public Law 107–82, as amended by Public Law

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Not to exceed 2 percent of any ap- In addition, for expenses of the United ance of the national interest, security, or de- propriations in this Act made available to States Court of Federal Claims associated fense which may arise at home or abroad the Office of National Drug Control Policy with processing cases under the National during the current fiscal year, as authorized may be transferred between appropriated Childhood Vaccine Injury Act of 1986 (Public by 3 U.S.C. 108, $988,000, to remain available programs upon the advance approval of the Law 99–660), not to exceed $4,775,000, to be ap- until September 30, 2013. Committees on Appropriations: Provided, propriated from the Vaccine Injury Com- That no transfer may increase or decrease pensation Trust Fund. SPECIAL ASSISTANCE TO THE PRESIDENT any such appropriation by more than 3 per- DEFENDER SERVICES SALARIES AND EXPENSES cent. For the operation of Federal Defender or- For necessary expenses to enable the Vice SEC. 204. Not to exceed $1,000,000 of any ap- ganizations; the compensation and reim- President to provide assistance to the Presi- propriations in this Act made available to bursement of expenses of attorneys ap- dent in connection with specially assigned the Office of National Drug Control Policy pointed to represent persons under 18 U.S.C. functions; services as authorized by 5 U.S.C. may be reprogrammed within a program, 3006A, and also under 18 U.S.C. 3599, in cases 3109 and 3 U.S.C. 106, including subsistence project, or activity upon the advance ap- in which a defendant is charged with a crime expenses as authorized by 3 U.S.C. 106, which proval of the Committees on Appropriations. that may be punishable by death; the com- shall be expended and accounted for as pro- SEC. 205. From the unobligated balances of pensation and reimbursement of expenses of vided in that section; and hire of passenger prior year appropriations made available for persons furnishing investigative, expert, and motor vehicles, $4,328,000. the Counterdrug Technology Assessment other services under 18 U.S.C. 3006A(e), and OFFICIAL RESIDENCE OF THE VICE PRESIDENT Center, $11,328,000 are rescinded. also under 18 U.S.C. 3599(f) and (g)(2), in cases OPERATING EXPENSES This title may be cited as the ‘‘Executive in which a defendant is charged with a crime Office of the President Appropriations Act, (INCLUDING TRANSFER OF FUNDS) that may be punishable by death; the com- 2012’’. For the care, operation, refurnishing, im- pensation (in accordance with the maxi- TITLE III provement, and to the extent not otherwise mums under 18 U.S.C. 3006A) and reimburse- provided for, heating and lighting, including THE JUDICIARY ment of expenses of attorneys appointed to assist the court in criminal cases where the electric power and fixtures, of the official SUPREME COURT OF THE UNITED STATES defendant has waived representation by residence of the Vice President; the hire of SALARIES AND EXPENSES passenger motor vehicles; and not to exceed counsel; the compensation and reimburse- For expenses necessary for the operation of $90,000 for official entertainment expenses of ment of travel expenses of guardians ad the Supreme Court, as required by law, ex- the Vice President, to be accounted for sole- litem appointed under 18 U.S.C. 4100(b), act- cluding care of the building and grounds, in- ly on his certificate, $307,000: Provided, That ing on behalf of financially eligible minor or cluding purchase or hire, driving, mainte- advances or repayments or transfers from incompetent offenders in connection with nance, and operation of an automobile for this appropriation may be made to any de- transfers from the United States to foreign the Chief Justice, not to exceed $10,000 for partment or agency for expenses of carrying countries with which the United States has a the purpose of transporting Associate Jus- out such activities. treaty for the execution of penal sentences tices, and hire of passenger motor vehicles as (18 U.S.C. 4100(b)); the compensation and re- ADMINISTRATIVE PROVISIONS—EXECUTIVE OF- authorized by 31 U.S.C. 1343 and 1344; not to imbursement of expenses of attorneys ap- FICE OF THE PRESIDENT AND FUNDS APPRO- exceed $10,000 for official reception and rep- pointed to represent jurors in civil actions PRIATED TO THE PRESIDENT resentation expenses; and for miscellaneous for the protection of their employment, as (INCLUDING TRANSFERS OF FUNDS) expenses, to be expended as the Chief Justice authorized by 28 U.S.C. 1875(d)(1); the com- SEC. 201. From funds made available in this may approve, $74,819,000, of which $2,000,000 pensation and reimbursement of expenses of Act under the headings ‘‘The White House’’, shall remain available until expended. attorneys appointed under 18 U.S.C. 983(b)(1) ‘‘Executive Residence at the White House’’, CARE OF THE BUILDING AND GROUNDS in connection with certain judicial civil for- ‘‘White House Repair and Restoration’’, feiture proceedings; and for necessary train- For such expenditures as may be necessary ‘‘Council of Economic Advisers’’, ‘‘National ing and general administrative expenses, to enable the Architect of the Capitol to Security Council and Homeland Security $1,034,182,000, to remain available until ex- carry out the duties imposed upon the Archi- Council’’, ‘‘Office of Administration’’, ‘‘Spe- pended. tect by 40 U.S.C. 6111 and 6112, $8,159,000, to cial Assistance to the President’’, and ‘‘Offi- remain available until expended. FEES OF JURORS AND COMMISSIONERS cial Residence of the Vice President’’, the For fees and expenses of jurors as author- Director of the Office of Management and UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT ized by 28 U.S.C. 1871 and 1876; compensation Budget (or such other officer as the Presi- of jury commissioners as authorized by 28 SALARIES AND EXPENSES dent may designate in writing), may, 15 days U.S.C. 1863; and compensation of commis- after giving notice to the Committees on Ap- For salaries of the chief judge, judges, and sioners appointed in condemnation cases propriations of the House of Representatives other officers and employees, and for nec- pursuant to rule 71.1(h) of the Federal Rules and the Senate, transfer not to exceed 10 per- essary expenses of the court, as authorized of Civil Procedure (28 U.S.C. Appendix Rule cent of any such appropriation to any other by law, $31,913,000. 71.1(h)), $59,000,000, to remain available until such appropriation, to be merged with and UNITED STATES COURT OF INTERNATIONAL expended: Provided, That the compensation available for the same time and for the same TRADE of land commissioners shall not exceed the purposes as the appropriation to which SALARIES AND EXPENSES daily equivalent of the highest rate payable transferred: Provided, That the amount of an under 5 U.S.C. 5332. appropriation shall not be increased by more For salaries of the chief judge and eight than 50 percent by such transfers: Provided judges, salaries of the officers and employees COURT SECURITY further, That no amount shall be transferred of the court, services, and necessary ex- (INCLUDING TRANSFERS OF FUNDS) from ‘‘Special Assistance to the President’’ penses of the court, as authorized by law, For necessary expenses, not otherwise pro- or ‘‘Official Residence of the Vice President’’ $20,968,000. vided for, incident to the provision of protec- without the approval of the Vice President. COURTS OF APPEALS, DISTRICT COURTS, AND tive guard services for United States court- SEC. 202. The Director of the Office of Na- OTHER JUDICIAL SERVICES houses and other facilities housing Federal tional Drug Control Policy shall submit to court operations, and the procurement, in- SALARIES AND EXPENSES the Committees on Appropriations of the stallation, and maintenance of security sys- House of Representatives and the Senate not (INCLUDING TRANSFER OF FUNDS) tems and equipment for United States court- later than 60 days after the date of enact- For the salaries of circuit and district houses and other facilities housing Federal ment of this Act, and prior to the initial ob- judges (including judges of the territorial court operations, including building ingress- ligation of more than 20 percent of the funds courts of the United States), justices and egress control, inspection of mail and pack- appropriated in any account under the head- judges retired from office or from regular ac- ages, directed security patrols, perimeter se- ing ‘‘Office of National Drug Control Pol- tive service, judges of the United States curity, basic security services provided by icy’’, a detailed narrative and financial plan Court of Federal Claims, bankruptcy judges, the Federal Protective Service, and other on the proposed uses of all funds under the magistrate judges, and all other officers and similar activities as authorized by section account by program, project, and activity: employees of the Federal Judiciary not oth- 1010 of the Judicial Improvement and Access Provided, That the reports required by this erwise specifically provided for, and nec- to Justice Act (Public Law 100–702),

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$500,000,000, of which not to exceed $15,000,000 SEC. 304. Within 90 days after the date of funds showing, by object class, the expendi- shall remain available until expended, to be the enactment of this Act, the Administra- tures made and the purpose therefor. expended directly or transferred to the tive Office of the U.S. Courts shall submit to FEDERAL PAYMENT FOR EMERGENCY PLANNING United States Marshals Service, which shall the Committees on Appropriations a com- AND SECURITY COSTS IN THE DISTRICT OF CO- be responsible for administering the Judicial prehensive financial plan for the Judiciary LUMBIA Facility Security Program consistent with allocating all sources of available funds in- For a Federal payment of necessary ex- standards or guidelines agreed to by the Di- cluding appropriations, fee collections, and penses, as determined by the Mayor of the rector of the Administrative Office of the carryover balances, to include a separate and District of Columbia in written consultation United States Courts and the Attorney Gen- detailed plan for the Judiciary Information with the elected county or city officials of eral. Technology Fund, which will establish the surrounding jurisdictions, $14,900,000, to re- ADMINISTRATIVE OFFICE OF THE UNITED baseline for application of reprogramming main available until expended and in addi- STATES COURTS and transfer authorities for the current fis- tion any funds that remain available from SALARIES AND EXPENSES cal year. prior year appropriations under this heading SEC. 305. Section 3314(a) of title 40, United For necessary expenses of the Administra- for the District of Columbia Government, for States Code, shall be applied by substituting tive Office of the United States Courts as au- the costs of providing public safety at events ‘‘Federal’’ for ‘‘executive’’ each place it ap- thorized by law, including travel as author- related to the presence of the national cap- pears. ized by 31 U.S.C. 1345, hire of a passenger ital in the District of Columbia, including SEC. 306. In accordance with 28 U.S.C. 561– motor vehicle as authorized by 31 U.S.C. support requested by the Director of the 569, and notwithstanding any other provision 1343(b), advertising and rent in the District United States Secret Service Division in car- of law, the United States Marshals Service of Columbia and elsewhere, $82,000,000, of rying out protective duties under the direc- shall provide, for such courthouses as its Di- which not to exceed $8,500 is authorized for tion of the Secretary of Homeland Security, rector may designate in consultation with official reception and representation ex- and for the costs of providing support to re- the Director of the Administrative Office of penses. spond to immediate and specific terrorist the United States Courts, for purposes of a FEDERAL JUDICIAL CENTER threats or attacks in the District of Colum- pilot program, the security services that 40 bia or surrounding jurisdictions. SALARIES AND EXPENSES U.S.C. 1315 authorizes the Department of FEDERAL PAYMENT TO THE DISTRICT OF For necessary expenses of the Federal Ju- Homeland Security to provide, except for the COLUMBIA COURTS dicial Center, as authorized by Public Law services specified in 40 U.S.C. 1315(b)(2)(E). 90–219, $27,000,000; of which $1,800,000 shall re- For building-specific security services at For salaries and expenses for the District main available through September 30, 2013, these courthouses, the Director of the Ad- of Columbia Courts, $230,319,000 to be allo- to provide education and training to Federal ministrative Office of the United States cated as follows: for the District of Columbia court personnel; and of which not to exceed Courts shall reimburse the United States Court of Appeals, $12,830,000, of which not to $1,500 is authorized for official reception and Marshals Service rather than the Depart- exceed $2,500 is for official reception and rep- representation expenses. ment of Homeland Security. resentation expenses; for the District of Co- lumbia Superior Court, $111,687,000, of which JUDICIAL RETIREMENT FUNDS SEC. 307. Section 203(c) of the Judicial Im- not to exceed $2,500 is for official reception PAYMENT TO JUDICIARY TRUST FUNDS provements Act of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended— and representation expenses; for the District For payment to the Judicial Officers’ Re- (1) in the third sentence (relating to the of Columbia Court System, $66,712,000, of tirement Fund, as authorized by 28 U.S.C. District of Kansas), by striking ‘‘20 years’’ which not to exceed $2,500 is for official re- 377(o), $86,968,000; to the Judicial Survivors’ and inserting ‘‘21 years’’; and ception and representation expenses; and Annuities Fund, as authorized by 28 U.S.C. (2) in the seventh sentence (related to the $39,090,000, to remain available until Sep- 376(c), $12,600,000; and to the United States District of Hawaii), by striking ‘‘17 years’’ tember 30, 2013, for capital improvements for Court of Federal Claims Judges’ Retirement and inserting ‘‘18 years’’. District of Columbia courthouse facilities: Fund, as authorized by 28 U.S.C. 178(l), This title may be cited as the ‘‘Judiciary Provided, That funds made available for cap- $4,200,000. Appropriations Act, 2012’’. ital improvements shall be expended con- UNITED STATES SENTENCING COMMISSION sistent with the District of Columbia Courts TITLE IV SALARIES AND EXPENSES master plan study and building evaluation For the salaries and expenses necessary to DISTRICT OF COLUMBIA report: Provided further, That notwith- carry out the provisions of chapter 58 of title FEDERAL FUNDS standing any other provision of law, all 28, United States Code, $16,500,000, of which FEDERAL PAYMENT FOR RESIDENT TUITION amounts under this heading shall be appor- not to exceed $1,000 is authorized for official SUPPORT tioned quarterly by the Office of Manage- ment and Budget and obligated and expended reception and representation expenses. For a Federal payment to the District of in the same manner as funds appropriated ADMINISTRATIVE PROVISIONS—THE JUDICIARY Columbia, to be deposited into a dedicated for salaries and expenses of other Federal (INCLUDING TRANSFER OF FUNDS) account, for a nationwide program to be ad- agencies, with payroll and financial services ministered by the Mayor, for District of Co- SEC. 301. Appropriations and authoriza- to be provided on a contractual basis with lumbia resident tuition support, $30,000,000, tions made in this title which are available the General Services Administration (GSA), to remain available until expended: Provided, for salaries and expenses shall be available and such services shall include the prepara- That such funds, including any interest ac- for services as authorized by 5 U.S.C. 3109. tion of monthly financial reports, copies of crued thereon, may be used on behalf of eli- SEC. 302. Not to exceed 5 percent of any ap- which shall be submitted directly by GSA to gible District of Columbia residents to pay propriation made available for the current the President and to the Committees on Ap- an amount based upon the difference be- fiscal year for the Judiciary in this Act may propriations of the House of Representatives tween in-State and out-of-State tuition at be transferred between such appropriations, and the Senate, the Committee on Oversight public institutions of higher education, or to but no such appropriation, except ‘‘Courts of and Government Reform of the House of Rep- pay up to $2,500 each year at eligible private Appeals, District Courts, and Other Judicial resentatives, and the Committee on Home- institutions of higher education: Provided Services, Defender Services’’ and ‘‘Courts of land Security and Governmental Affairs of further, That the awarding of such funds may Appeals, District Courts, and Other Judicial the Senate: Provided further, That 30 days be prioritized on the basis of a resident’s aca- Services, Fees of Jurors and Commis- after providing written notice to the Com- demic merit, the income and need of eligible sioners’’, shall be increased by more than 10 mittees on Appropriations of the House of students and such other factors as may be percent by any such transfers: Provided, That Representatives and the Senate, the District authorized: Provided further, That the Dis- any transfer pursuant to this section shall be of Columbia Courts may reallocate not more trict of Columbia government shall maintain treated as a reprogramming of funds under than $3,000,000 of the funds provided under a dedicated account for the Resident Tuition sections 604 and 608 of this Act and shall not this heading among the items and entities Support Program that shall consist of the be available for obligation or expenditure ex- funded under this heading, but no such allo- Federal funds appropriated to the Program cept in compliance with the procedures set cation shall be increased by more than 10 in this Act and any subsequent appropria- forth in section 608. percent. SEC. 303. Notwithstanding any other provi- tions, any unobligated balances from prior sion of law, the salaries and expenses appro- fiscal years, and any interest earned in this FEDERAL PAYMENT FOR DEFENDER SERVICES IN priation for ‘‘Courts of Appeals, District or any fiscal year: Provided further, That the DISTRICT OF COLUMBIA COURTS Courts, and Other Judicial Services’’ shall be account shall be under the control of the (INCLUDING TRANSFER OF FUNDS) available for official reception and represen- District of Columbia Chief Financial Officer, For payments authorized under section 11– tation expenses of the Judicial Conference of who shall use those funds solely for the pur- 2604 and section 11–2605, D.C. Official Code the United States: Provided, That such avail- poses of carrying out the Resident Tuition (relating to representation provided under able funds shall not exceed $11,000 and shall Support Program: Provided further, That the the District of Columbia Criminal Justice be administered by the Director of the Ad- Office of the Chief Financial Officer shall Act), payments for counsel appointed in pro- ministrative Office of the United States provide a quarterly financial report to the ceedings in the Family Court of the Superior Courts in the capacity as Secretary of the Committees on Appropriations of the House Court of the District of Columbia under Judicial Conference. of Representatives and the Senate for these chapter 23 of title 16, D.C. Official Code, or

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7528 CONGRESSIONAL RECORD — SENATE November 15, 2011 pursuant to contractual agreements to pro- detailed records of the acceptance and use of Act, (114 Stat. 2440; D.C. Official Code, sec- vide guardian ad litem representation, train- any gift or donation under the previous pro- tion 1–204.50a) and provisions of this Act, the ing, technical assistance, and such other viso, and shall make such records available total amount appropriated in this Act for op- services as are necessary to improve the for audit and public inspection: Provided fur- erating expenses for the District of Columbia quality of guardian ad litem representation, ther, That the Court Services and Offender for fiscal year 2012 under this heading shall payments for counsel appointed in adoption Supervision Agency Director is authorized to not exceed the lesser of the sum of the total proceedings under chapter 3 of title 16, D.C. accept and use reimbursement from the Dis- revenues of the District of Columbia for such Official Code, and payments authorized trict of Columbia Government for space and fiscal year or $10,911,966,000 (of which under section 21–2060, D.C. Official Code (re- services provided on a cost reimbursable $6,208,646,000 shall be from local funds, (in- lating to services provided under the District basis. cluding $526,594,000 from dedicated taxes), of Columbia Guardianship, Protective Pro- FEDERAL PAYMENT TO THE PUBLIC DEFENDER $1,015,449,000 shall be from Federal grant ceedings, and Durable Power of Attorney Act SERVICE FOR THE DISTRICT OF COLUMBIA funds, $1,499,115,000 from Medicaid payments, of 1986), $55,000,000, to remain available until $2,040,504,000 shall be from other funds, and For salaries and expenses, including the expended: Provided, That funds provided $25,677,000 shall be from private funds, and transfer and hire of motor vehicles, of the under this heading shall be administered by $122,575,000 shall be from funds previously ap- District of Columbia Public Defender Serv- the Joint Committee on Judicial Adminis- propriated in this Act as Federal payments: ice, as authorized by the National Capital tration in the District of Columbia: Provided Provided further, That of the local funds, such Revitalization and Self-Government Im- further, That notwithstanding any other pro- amounts as may be necessary may be derived provement Act of 1997, $37,241,000: Provided, vision of law, this appropriation shall be ap- from the District’s General Fund balance: That notwithstanding any other provision of portioned quarterly by the Office of Manage- Provided further, That of these funds the Dis- law, all amounts under this heading shall be ment and Budget and obligated and expended trict’s intra-District authority shall be apportioned quarterly by the Office of Man- in the same manner as funds appropriated $619,632,000: in addition, for capital construc- agement and Budget and obligated and ex- for expenses of other Federal agencies, with tion projects, an increase of $4,024,828,000, of pended in the same manner as funds appro- payroll and financial services to be provided which $2,934,012,000 shall be from local funds, priated for salaries and expenses of Federal on a contractual basis with the General $223,858,000 from the District of Columbia agencies. Services Administration (GSA), and such Highway Trust Fund, $50,466,000 from the services shall include the preparation of FEDERAL PAYMENT TO THE DISTRICT OF Local Transportation Fund, $816,492,000 from monthly financial reports, copies of which COLUMBIA WATER AND SEWER AUTHORITY Federal grant funds, and a rescission of shall be submitted directly by GSA to the For a Federal payment to the District of $2,835,689,000 of which $1,796,345,000 shall be President and to the Committees on Appro- Columbia Water and Sewer Authority, from local funds, $749,426,000 from Federal priations of the House of Representatives $15,000,000, to remain available until ex- grant funds, $252,694,000 from the District of and the Senate, the Committee on Oversight pended, to continue implementation of the Columbia Highway Trust Fund, and and Government Reform of the House of Rep- Combined Sewer Overflow Long-Term Plan: $37,224,000 from the Local Transportation resentatives, and the Committee on Home- Provided, That the District of Columbia Fund appropriated under this heading in land Security and Governmental Affairs of Water and Sewer Authority provides a 100 prior fiscal years, for a net amount of the Senate: Provided further, That not more percent match for this payment. $1,189,139,000, to remain available until ex- than $10,000,000 of the funds provided in this FEDERAL PAYMENT TO THE CRIMINAL JUSTICE pended: Provided further, That the amounts account may be transferred to, and merged COORDINATING COUNCIL provided under this heading are to be avail- with, funds made available under the head- For a Federal payment to the Criminal able, allocated, and expended as proposed ing ‘‘Federal Payment to the District of Co- Justice Coordinating Council, $1,800,000, to under title III of the Fiscal Year 2012 Budget lombia Courts’’ for District of Columbia remain available until expended, to support Request Act of 2011, at the rate set forth courthouse facilities. initiatives related to the coordination of under ‘‘District of Columbia Funds Division FEDERAL PAYMENT TO THE COURT SERVICES Federal and local criminal justice resources of Expenses’’ as included in the of the Fiscal AND OFFENDER SUPERVISION AGENCY FOR THE in the District of Columbia. Year 2012 Proposed Budget and Financial DISTRICT OF COLUMBIA Plan submitted to the Congress by the Dis- FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS For salaries and expenses, including the trict of Columbia: Provided further, That this transfer and hire of motor vehicles, of the For a Federal payment, to remain avail- amount may be increased by proceeds of one- Court Services and Offender Supervision able until September 30, 2013, to the Commis- time transactions, which are expended for Agency for the District of Columbia, as au- sion on Judicial Disabilities and Tenure, emergency or unanticipated operating or thorized by the National Capital Revitaliza- $295,000, and for the Judicial Nomination capital needs: Provided further, That such in- tion and Self-Government Improvement Act Commission, $205,000. creases shall be approved by enactment of of 1997, $212,983,000, of which not to exceed FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT local District law and shall comply with all $2,000 is for official reception and representa- For a Federal payment for a school im- reserve requirements contained in the Dis- tion expenses related to Community Super- provement program in the District of Colum- trict of Columbia Home Rule Act: Provided vision and Pretrial Services Agency pro- bia, $60,000,000, to be allocated as follows: for further, That the Chief Financial Officer of grams; of which not to exceed $25,000 is for the District of Columbia Public Schools, the District of Columbia shall take such dues and assessments relating to the imple- $20,000,000 to improve public school edu- steps as are necessary to assure that the Dis- mentation of the Court Services and Of- cation in the District of Columbia, to remain trict of Columbia meets these requirements, fender Supervision Agency Interstate Super- available until expended; for the State Edu- including the apportioning by the Chief Fi- vision Act of 2002; of which $1,000,000 shall re- cation Office, $20,000,000 to expand quality nancial Officer of the appropriations and main available until September 30, 2014 for public charter schools in the District of Co- funds made available to the District during relocation of the Pretrial Services Agency lumbia, to remain available until expended; fiscal year 2012, except that the Chief Finan- drug testing laboratory; of which $153,548,000 and for the Secretary of the Department of cial Officer may not reprogram for operating shall be for necessary expenses of Commu- Education, $20,000,000 to provide opportunity expenses any funds derived from bonds, nity Supervision and Sex Offender Registra- scholarships for students in the District of notes, or other obligations issued for capital tion, to include expenses relating to the su- Columbia in accordance with the Scholar- projects. pervision of adults subject to protection or- ships for Opportunity and Results Act (Pub- This title may be cited as the ‘‘District of ders or the provision of services for or re- lic Law 112–10, division C, 125 Stat. 199), to Columbia Appropriations Act, 2012’’. lated to such persons; of which $59,435,000 remain available until expended. TITLE V shall be available to the Pretrial Services FEDERAL PAYMENT FOR THE DISTRICT OF INDEPENDENT AGENCIES Agency: Provided, That notwithstanding any COLUMBIA NATIONAL GUARD ADMINISTRATIVE CONFERENCE OF THE UNITED other provision of law, all amounts under For a Federal payment to the District of STATES this heading shall be apportioned quarterly Columbia National Guard, $375,000, to remain SALARIES AND EXPENSES by the Office of Management and Budget and available until expended for the Major Gen- For necessary expenses of the Administra- obligated and expended in the same manner eral David F. Wherley, Jr. District of Colum- tive Conference of the United States, author- as funds appropriated for salaries and ex- bia National Guard Retention and College ized by 5 U.S.C. 591 et seq., $2,900,000, to re- penses of other Federal agencies: Provided Access Program. main available until September 30, 2013, of further, That not less than $1,500,000 shall be which not to exceed $1,000,000 is for official available for re-entrant housing in the Dis- DISTRICT OF COLUMBIA FUNDS reception and representation expenses. trict of Columbia: Provided further, That the The following amounts are appropriated Director is authorized to accept and use gifts for the District of Columbia for the current CHRISTOPHER COLUMBUS FELLOWSHIP in the form of in-kind contributions of space fiscal year out of the General Fund of the FOUNDATION and hospitality to support offender and de- District of Columbia (‘‘General Fund’’), ex- SALARIES AND EXPENSES fendant programs, and equipment and voca- cept as otherwise specifically provided: Pro- For payment to the Christopher Columbus tional training services to educate and train vided, That notwithstanding any other provi- Fellowship Foundation, established by sec- offenders and defendants: Provided further, sion of law, except as provided in section tion 423 of Public Law 102–281, $450,000, to re- That the Director shall keep accurate and 450A of the District of Columbia Home Rule main available until expended.

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COMMODITY FUTURES TRADING COMMISSION that reduces access to button cell batteries window covering safety standard that is For necessary expenses to carry out the by children that are 3 years of age or young- more stringent than the standard described provisions of the Commodity Exchange Act er; and in paragraph (1). (7 U.S.C. 1 et seq.), including the purchase (2) standards requiring warning labels— ELECTION ASSISTANCE COMMISSION (A) to be included in any literature that and hire of passenger motor vehicles, and the SALARIES AND EXPENSES rental of space (to include multiple year accompanies a battery-operated or assisted (INCLUDING TRANSFER OF FUNDS) leases) in the District of Columbia and else- consumer product, such as a user manual; where, $240,000,000, to remain available until (B) to be included on packaging for button For necessary expenses to carry out the September 30, 2013, including not to exceed cell batteries sold to consumers; and Help America Vote Act of 2002 (Public Law $3,000 for official reception and representa- (C) to be included, as practicable, directly 107–252), $14,750,000, of which $3,250,000 shall tion expenses, and not to exceed $25,000 for on a battery-operated or assisted consumer be transferred to the National Institute of the expenses for consultations and meetings product in a manner that is visible to the Standards and Technology for election re- hosted by the Commission with foreign gov- consumer upon installation or replacement form activities authorized under the Help ernmental and other regulatory officials, and of the button cell battery. America Vote Act of 2002. of which $66,000,000 shall remain available for (b) Warning labels required under sub- FEDERAL COMMUNICATIONS COMMISSION section (a) shall— information technology investments until SALARIES AND EXPENSES September 30, 2014. (1) clearly identify the hazard of ingestion; and For necessary expenses of the Federal CONSUMER PRODUCT SAFETY COMMISSION (2) instruct consumers, as practicable, to Communications Commission, as authorized SALARIES AND EXPENSES keep new and used batteries out of the reach by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; For necessary expenses of the Consumer of children and to seek immediate medical not to exceed $4,000 for official reception and Product Safety Commission, including hire attention if a battery is ingested. representation expenses; purchase and hire of passenger motor vehicles, services as au- (c)(1) The standards required by subsection of motor vehicles; special counsel fees; and thorized by 5 U.S.C. 3109, but at rates for in- (a) shall be promulgated in accordance with services as authorized by 5 U.S.C. 3109, dividuals not to exceed the per diem rate section 553 of title 5, United States Code. $354,181,000: Provided, That $354,181,000 of off- equivalent to the maximum rate payable (2) The requirements of subsections (a) setting collections shall be assessed and col- under 5 U.S.C. 5376, purchase of nominal through (f) and (g)(1) of section 9 of the Con- lected pursuant to section 9 of title I of the awards to recognize non-Federal officials’ sumer Product Safety Act (15 U.S.C. 2058) Communications Act of 1934, shall be re- contributions to Commission activities, and shall not apply to the promulgation of the tained and used for necessary expenses in not to exceed $4,000 for official reception and standards required by subsection (a) of this this appropriation, and shall remain avail- representation expenses, $114,500,000. section. (d) Each final consumer product safety able until expended: Provided further, That ADMINISTRATIVE PROVISIONS—CONSUMER standard required by subsection (a) shall the sum herein appropriated shall be reduced PRODUCT SAFETY COMMISSION apply to battery-operated or assisted con- as such offsetting collections are received SEC. 501. Section 4(g) of the Consumer sumer products manufactured on or after the during fiscal year 2012 so as to result in a Product Safety Act (15 U.S.C. 2053(g)) is date that is 1 year after the date on which final fiscal year 2012 appropriation estimated amended by adding at the end the following: the Commission promulgates the standard. at $0: Provided further, That any offsetting ‘‘(5) The Chairman may provide to officers SEC. 504. Not later than 1 year after the collections received in excess of $354,181,000 and employees of the Commission who are date of the enactment of this Act, the Comp- in fiscal year 2012 shall not be available for appointed or assigned by the Commission to troller General of the United States shall obligation: Provided further, That remaining serve abroad (as defined in section 102 of the conduct an analysis of the potential safety offsetting collections from prior years col- Foreign Service Act of 1980 (22 U.S.C. 3902)) risks associated with new and emerging con- lected in excess of the amount specified for travel benefits similar to those authorized sumer products, including chemicals and collection in each such year and otherwise for members of the Foreign Service of the other materials used in their manufacture, becoming available on October 1, 2011, shall United Service under chapter 9 of such Act taking into account the ability and author- not be available for obligation: Provided fur- (22 U.S.C. 4081 et seq.).’’. ity of the Consumer Product Safety Commis- ther, That notwithstanding 47 U.S.C. SEC. 502. (a) The Consumer Product Safety sion— 309(j)(8)(B), proceeds from the use of a com- Act (15 U.S.C. 2051 et seq.) is amended by in- (1) to identify, assess, and address such petitive bidding system that may be retained serting after section 17 the following: risks in a timely manner; and and made available for obligation shall not ‘‘SEC. 17A. SERVICE OF PROCESS. (2) to keep abreast of the effects of new and exceed $85,000,000 for fiscal year 2012: Pro- ‘‘(a) DESIGNATING AGENTS.— emerging consumer products on public vided further, That of the amount appro- ‘‘(1) IN GENERAL.—The Commission may re- health and safety. priated under this heading, not less than quire a manufacturer, or class of manufac- SEC. 505. Not later than 150 days after the $11,721,000 shall be for the salaries and ex- turers, offering a consumer product for im- date of the enactment of this Act, the Comp- penses of the Office of Inspector General. troller General of the United States shall port to designate an agent in the United ADMINISTRATIVE PROVISIONS—FEDERAL conduct an analysis of— States on whom service of notices and proc- COMMUNICATIONS COMMISSION (1) the extent to which manufacturers com- ess in administrative and judicial pro- SEC. 510. Section 302 of the Universal Serv- ceedings may be made. ply with voluntary industry standards for consumer products, particularly with respect ice Antideficiency Temporary Suspension ‘‘(2) FILING.—The designation shall be in Act is amended by striking ‘‘December 31, writing and filed with the Commission. to inexpensive, imported products; (2) whether there are consequences for such 2011’’, each place it appears and inserting ‘‘(3) MODIFICATION.—The designation may manufacturers for failing to comply with ‘‘December 31, 2013’’. be changed in the same way originally made. SEC. 511. None of the funds appropriated by such standards; ‘‘(b) SERVICE.— this Act may be used by the Federal Commu- (3) whether the Consumer Product Safety ‘‘(1) PLACE OF SERVICE.—An agent may be nications Commission to modify, amend, or Commission has the authority and the abil- served at the agent’s office or usual place of change its rules or regulations for universal ity to require compliance with such stand- residence. service support payments to implement the ards; and ‘‘(2) SERVICE ON AGENT IS SERVICE ON MANU- February 27, 2004 recommendations of the (4) whether there are patterns of non-com- FACTURER.—Service on the agent is deemed Federal-State Joint Board on Universal pliance with such standards among certain to be service on the manufacturer. Service regarding single connection or pri- types of products or certain types of manu- ‘‘(3) NO DESIGNATED AGENT.—If a manufac- mary line restrictions on universal service turer does not designate an agent, service facturers. SEC. 505. Not later than 540 days after the support payments. may be made by posting the notice or proc- date of the enactment of this Act, the Con- FEDERAL DEPOSIT INSURANCE CORPORATION ess in the office of the Commission.’’. sumer Product Safety Commission shall— (b) The table of contents in section 1 of OFFICE OF THE INSPECTOR GENERAL (1) in consultation with representatives of such Act is amended by inserting after the For necessary expenses of the Office of In- consumer groups, window blind manufactur- item relating to section 17 the following: spector General in carrying out the provi- ers, and independent engineers and experts, ‘‘17A. Service of process.’’. sions of the Inspector General Act of 1978, examine and assess the effectiveness of the $45,261,000, to be derived from the Deposit In- SEC. 503. (a) Not later than 1 year after the ANSI/WCMA A100.1–2010 safety standard, as surance Fund or, only when appropriate, the date of the enactment of this Act, the Con- in effect on the day before the date of the en- FSLIC Resolution Fund. sumer Product Safety Commission shall pro- actment of this Act; and FEDERAL ELECTION COMMISSION mulgate, as a final consumer product safety (2) if the Commission determines that a standard under section 7(a) of the Consumer more stringent standard for window cov- SALARIES AND EXPENSES Product Safety Act (15 U.S.C. 2056(a))— erings, or revised version of the standard de- For necessary expenses to carry out the (1) a standard requiring button cell battery scribed in paragraph (1), would eliminate the provisions of the Federal Election Campaign compartments of battery-operated or as- strangulation risk posed by corded window Act of 1971, $66,367,000, of which not to exceed sisted consumer products to be secured, to coverings, promulgate, in accordance with $5,000 shall be available for reception and the greatest extent practicable, in a manner section 553 of title 5, United States Code, a representation expenses.

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FEDERAL LABOR RELATIONS AUTHORITY services incident to cleaning or servicing available for expenses of any construction, SALARIES AND EXPENSES buildings, and moving; repair and alteration repair, alteration and acquisition project for of federally owned buildings including which a prospectus, if required by 40 U.S.C. For necessary expenses to carry out func- grounds, approaches and appurtenances; care 3307(a), has not been approved, except that tions of the Federal Labor Relations Author- and safeguarding of sites; maintenance, pres- necessary funds may be expended for each ity, pursuant to Reorganization Plan Num- ervation, demolition, and equipment; acqui- project for required expenses for the develop- bered 2 of 1978, and the Civil Service Reform sition of buildings and sites by purchase, ment of a proposed prospectus: Provided fur- Act of 1978, including services authorized by condemnation, or as otherwise authorized by ther, That funds available in the Federal 5 U.S.C. 3109, and including hire of experts law; acquisition of options to purchase build- Buildings Fund may be expended for emer- and consultants, hire of passenger motor ve- ings and sites; conversion and extension of gency repairs when advance approval is ob- hicles, and rental of conference rooms in the federally owned buildings; preliminary plan- tained from the Committees on Appropria- District of Columbia and elsewhere, ning and design of projects by contract or tions: Provided further, That amounts nec- $24,723,000: Provided, That public members of otherwise; construction of new buildings (in- essary to provide reimbursable special serv- the Federal Service Impasses Panel may be cluding equipment for such buildings); and ices to other agencies under 40 U.S.C. paid travel expenses and per diem in lieu of payment of principal, interest, and any other 592(b)(2) and amounts to provide such reim- subsistence as authorized by law (5 U.S.C. obligations for public buildings acquired by bursable fencing, lighting, guard booths, and 5703) for persons employed intermittently in installment purchase and purchase contract; other facilities on private or other property the Government service, and compensation in the aggregate amount of $8,144,967,000, of not in Government ownership or control as as authorized by 5 U.S.C. 3109: Provided fur- which: (1) $65,000,000 shall remain available may be appropriate to enable the United ther, That notwithstanding 31 U.S.C. 3302, until expended for construction and acquisi- States Secret Service to perform its protec- funds received from fees charged to non-Fed- tion (including funds for sites and expenses, tive functions pursuant to 18 U.S.C. 3056, eral participants at labor-management rela- and associated design and construction serv- shall be available from such revenues and tions conferences shall be credited to and ices): Provided, That the General Services collections: Provided further, That revenues merged with this account, to be available Administration shall submit a detailed plan, and collections and any other sums accruing without further appropriation for the costs by project, regarding the use of funds to the to this Fund during fiscal year 2012, exclud- of carrying out these conferences. Committees on Appropriations of the House ing reimbursements under 40 U.S.C. 592(b)(2) FEDERAL TRADE COMMISSION of Representatives and the Senate within 30 in excess of the aggregate new obligational SALARIES AND EXPENSES days of enactment of this section and will authority authorized for Real Property Ac- provide notification to the Committees with- For necessary expenses of the Federal tivities of the Federal Buildings Fund in this in 15 days prior to any changes regarding the Trade Commission, including uniforms or al- Act shall remain in the Fund and shall not use of these funds; (2) $280,000,000, including lowances therefor, as authorized by 5 U.S.C. be available for expenditure except as au- $20,000,000 for a Judicial Capital Security 5901–5902; services as authorized by 5 U.S.C. thorized in appropriations Acts. program, to remain available until expended 3109; hire of passenger motor vehicles; and for repairs and alterations, which includes GENERAL ACTIVITIES not to exceed $2,000 for official reception and associated design and construction services: GOVERNMENT-WIDE POLICY representation expenses, $311,563,000, to re- Provided further, That funds made available For expenses authorized by law, not other- main available until expended: Provided, in this or any previous Act in the Federal wise provided for, for Government-wide pol- That not to exceed $300,000 shall be available Buildings Fund for Repairs and Alterations icy and evaluation activities associated with for use to contract with a person or persons shall, for prospectus projects, be limited to the management of real and personal prop- for collection services in accordance with the amount identified for each project, ex- erty assets and certain administrative serv- the terms of 31 U.S.C. 3718: Provided further, cept each project in this or any previous Act ices; Government-wide policy support re- That, notwithstanding any other provision may be increased by an amount not to ex- sponsibilities relating to acquisition, tele- of law, not to exceed $149,000,000 of offsetting ceed 10 percent unless advance approval is communications, information technology collections derived from fees collected for obtained from the Committees on Appropria- management, and related technology activi- premerger notification filings under the tions of a greater amount: Provided further, ties; services as authorized by 5 U.S.C. 3109; Hart-Scott-Rodino Antitrust Improvements That additional projects for which and the Office of High Performance Green Act of 1976 (15 U.S.C. 18a), regardless of the prospectuses have been fully approved may Buildings; $61,750,000. year of collection, shall be retained and used be funded under this category only if ad- OPERATING EXPENSES for necessary expenses in this appropriation: vance approval is obtained from the Commit- Provided further, That, notwithstanding any tees on Appropriations: Provided further, For expenses authorized by law, not other- other provision of law, not to exceed That the amounts provided in this or any wise provided for, for Government-wide ac- $21,000,000 in offsetting collections derived prior Act for ‘‘Repairs and Alterations’’ may tivities associated with utilization and dona- from fees sufficient to implement and en- be used to fund costs associated with imple- tion of surplus personal property; disposal of force the Telemarketing Sales Rule, promul- menting security improvements to buildings real property; agency-wide policy direction, gated under the Telemarketing and Con- necessary to meet the minimum standards management, and communications; the Ci- sumer Fraud and Abuse Prevention Act (15 for security in accordance with current law vilian Board of Contract Appeals; services as U.S.C. 6101 et seq.), shall be credited to this and in compliance with the reprogramming authorized by 5 U.S.C. 3109; and not to exceed account, and be retained and used for nec- guidelines of the appropriate Committees of $7,500 for official reception and representa- essary expenses in this appropriation: Pro- the House and Senate: Provided further, That tion expenses; $70,000,000. vided further, That the sum herein appro- the difference between the funds appro- OFFICE OF INSPECTOR GENERAL priated from the general fund shall be re- priated and expended on any projects in this For necessary expenses of the Office of In- duced as such offsetting collections are re- or any prior Act, under the heading ‘‘Repairs spector General and service authorized by 5 ceived during fiscal year 2012, so as to result and Alterations’’, may be transferred to U.S.C. 3109, $58,000,000: Provided, That not to in a final fiscal year 2012 appropriation from Basic Repairs and Alterations or used to exceed $15,000 shall be available for payment the general fund estimated at not more than fund authorized increases in prospectus for information and detection of fraud $141,563,000: Provided further, That none of the projects: Provided further, That all funds for against the Government, including payment funds made available to the Federal Trade repairs and alterations prospectus projects for recovery of stolen Government property: Commission may be used to implement sub- shall expire on September 30, 2013 and re- Provided further, That not to exceed $2,500 section (e)(2)(B) of section 43 of the Federal main in the Federal Buildings Fund except shall be available for awards to employees of Deposit Insurance Act (12 U.S.C. 1831t). funds for projects as to which funds for de- other Federal agencies and private citizens GENERAL SERVICES ADMINISTRATION sign or other funds have been obligated in in recognition of efforts and initiatives re- REAL PROPERTY ACTIVITIES whole or in part prior to such date: Provided sulting in enhanced Office of Inspector Gen- further, That the amount provided in this or FEDERAL BUILDINGS FUND eral effectiveness. any prior Act for Basic Repairs and Alter- INFORMATION AND ENGAGEMENT FOR CITIZENS LIMITATIONS ON AVAILABILITY OF REVENUE ations may be used to pay claims against the Amounts in the Fund, including revenues Government arising from any projects under (INCLUDING TRANSFER OF FUNDS) and collections deposited into the Fund shall the heading ‘‘Repairs and Alterations’’ or For necessary expenses of the Office of Cit- be available for necessary expenses of real used to fund authorized increases in pro- izen Services and Innovative Technologies, property management and related activities spectus projects; (3) $126,801,000 for install- including services authorized by 5 U.S.C. not otherwise provided for, including oper- ment acquisition payments including pay- 3109, and for the necessary expenses in sup- ation, maintenance, and protection of feder- ments on purchase contracts which shall report of interagency projects that enable the ally owned and leased buildings; rental of main available until expended; (4) Federal Government to conduct activities buildings in the District of Columbia; res- $5,285,198,000 for rental of space which shall electronically, through the development and toration of leased premises; moving govern- remain available until expended; and (5) implementation of innovative uses of infor- mental agencies (including space adjust- $2,387,968,000 for building operations which mation technology, $39,084,000 to be depos- ments and telecommunications relocation shall remain available until expended: Pro- ited to the Federal Citizen Services Fund expenses) in connection with the assignment, vided further, That funds available to the and that these funds may be transferred to allocation and transfer of space; contractual General Services Administration shall not be Federal agencies to carry out the purpose of

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the fund and this transfer authority shall be agreements, except that, if the Adminis- MERIT SYSTEMS PROTECTION BOARD in addition to any other transfer authority trator determines that the delineated area of SALARIES AND EXPENSES provided in the Act: Provided, That the ap- the procurement should not be identical to (INCLUDING TRANSFER OF FUNDS) propriations, revenues, reimburseables, and the delineated area included in the pro- collections deposited into the Federal Cit- spectus, the Administrator shall provide an For necessary expenses to carry out func- izen Services Fund shall only be available explanatory statement to each of such com- tions of the Merit Systems Protection Board for necessary expenses of Federal Citizen mittees and the Committees on Appropria- pursuant to Reorganization Plan Numbered 2 Services and other information activities in tions of the House of Representatives and of 1978, the Civil Service Reform Act of 1978, the aggregate amount not to exceed the Senate prior to exercising any lease au- and the Whistleblower Protection Act of 1989 $90,000,000: Provided further, That revenues thority provided in the resolution. (5 U.S.C. 5509 note), including services as au- and collections accruing to the Fund during SEC. 526. Section 1703 of title 41 U.S.C. is thorized by 5 U.S.C. 3109, rental of conference fiscal year 2012 in excess of such amount amended in paragraph (i)(6) by: rooms in the District of Columbia and else- shall remain available in the Fund without (1) deleting ‘‘for training’’; and where, hire of passenger motor vehicles, di- regard to fiscal year and shall not be avail- (2) deleting ‘‘paragraph (2)’’ and inserting rect procurement of survey printing, and not able for expenditure except as authorized in in lieu thereof ‘‘subparagraphs (A) and (C) to to exceed $2,000 for official reception and rep- appropriations acts. (J) of section 1122(a)(5) of this title’’. resentation expenses, $40,258,000 together SEC. 527. (a) The Administrator of General with not to exceed $2,345,000 for administra- ALLOWANCES AND OFFICE STAFF FOR FORMER Services (Administrator), through a deed of tive expenses to adjudicate retirement ap- PRESIDENTS release or other appropriate instrument, peals to be transferred from the Civil Service For carrying out the provisions of the Act may release to the city of Tracy, California Retirement and Disability Fund in amounts of August 25, 1958 (3 U.S.C. 102 note), and (the City) the reversionary interests retained determined by the Merit Systems Protection Public Law 95–138, $3,671,000. by the United States, and all other terms, Board. ADMINISTRATIVE PROVISIONS—GENERAL conditions, reservations, and restrictions im- MORRIS K. UDALL AND STEWART L. UDALL SERVICES ADMINISTRATION posed, in connection with the conveyance of FOUNDATION the 200 acres conveyed pursuant to Public (INCLUDING TRANSFERS OF FUNDS AND MORRIS K. UDALL AND STEWART L. UDALL Law 105–277 section 140, as amended by Pub- RESCISSION) TRUST FUND lic Law 106–31 section 3034 and Public Law SEC. 520. Funds available to the General 108–199 section 411. The exact acreage and (INCLUDING TRANSFER OF FUNDS) Services Administration shall be available legal description of the parcel to be released For payment to the Morris K. Udall and for the hire of passenger motor vehicles. under subsection (a) shall be determined by a Stewart L. Udall Trust Fund, pursuant to SEC. 521. Funds in the Federal Buildings survey that is satisfactory to the Adminis- the Morris K. Udall and Stewart L. Udall Fund made available for fiscal year 2012 for trator. Foundation Act (20 U.S.C. 5601 et seq.), Federal Buildings Fund activities may be (b) As consideration for such release au- $2,200,000, to remain available until ex- transferred between such activities only to thorized under subsection (a), the City shall pended, of which up to $50,000 shall be used to the extent necessary to meet program repay to the Administrator an amount not less conduct financial audits pursuant to the Ac- quirements: Provided, That any proposed than the property’s appraised Fair Market countability of Tax Dollars Act of 2002 (Pub- transfers shall be approved in advance by the Value as determined by the Administrator. lic Law 107–289) notwithstanding sections 8 Committees on Appropriations of the House The determination of the Administrator is and 9 of Public Law 102–259: Provided, That of Representatives and the Senate. final. The Administrator shall determine the up to 60 percent of such funds may be trans- SEC. 522. Except as otherwise provided in property’s Fair Market Value through an ap- ferred by the Morris K. Udall and Stewart L. this title, funds made available by this Act praisal conducted by a licensed, independent Udall Foundation for the necessary expenses shall be used to transmit a fiscal year 2013 appraiser. The appraisal shall be based on of the Native Nations Institute. request for United States Courthouse con- the property’s highest and best use. ENVIRONMENTAL DISPUTE RESOLUTION FUND struction only if the request: (1) meets the (c) As soon as practicable, but not more For payment to the Environmental Dis- design guide standards for construction as than 180 days after enactment of this Act, pute Resolution Fund to carry out activities established and approved by the General the City shall enter into a binding agree- authorized in the Environmental Policy and Services Administration, the Judicial Con- ment with the Administrator for the convey- Conflict Resolution Act of 1998, $3,792,000, to ference of the United States, and the Office ance described in subsection (a) of this sec- remain available until expended. of Management and Budget; (2) reflects the tion. The net proceeds from sale shall be de- priorities of the Judicial Conference of the posited into the Federal Buildings Fund es- NATIONAL ARCHIVES AND RECORDS United States as set out in its approved 5- tablished under section 592 of title 40 of the ADMINISTRATION year construction plan; and (3) includes a United States Code. OPERATING EXPENSES standardized courtroom utilization study of (d) The City shall be responsible for reim- For necessary expenses in connection with each facility to be constructed, replaced, or bursing the Administrator for the costs asso- the administration of the National Archives expanded. ciated with implementing this section, in- and Records Administration (including the SEC. 523. None of the funds provided in this cluding the costs of appraisal and survey. Information Security Oversight Office) and Act may be used to increase the amount of The Administrator may require such addi- archived Federal records and related activi- occupiable square feet, provide cleaning tional terms and conditions in connection ties, as provided by law, and for expenses services, security enhancements, or any with the release under subsection (a) as the necessary for the review and declassification other service usually provided through the Administrator considers appropriate to proof documents and the activities of the Public Federal Buildings Fund, to any agency that tect the interests of the United States. Interest Declassification Board, and for nec- SEC. 528. Of the amounts made available does not pay the rate per square foot assess- essary expenses in connection with the oper- under the heading ‘‘Policy and Operations’’ ment for space and services as determined by ations and maintenance of the electronic for the maintenance, protection, and dis- the General Services Administration in com- records archives to include all direct project posal of the U.S. Coast Guard Service Center pliance with the Public Buildings Amend- costs associated with research, program at Governor’s Island, New York and the ments Act of 1972 (Public Law 92–313). management, and corrective and adaptive Lorton Correctional Facility in Lorton, Vir- SEC. 524. From funds made available under software maintenance, and for the hire of ginia in prior years whether approporated di- the heading ‘‘Federal Buildings Fund, Limi- passenger motor vehicles, and for uniforms rectly to the General Services Administra- tations on Availability of Revenue’’, claims or allowances therefor, as authorized by law tion (GSA) or to any other agency of the against the Government of less than $250,000 (5 U.S.C. 5901 et seq.), including mainte- Government and received by GSA for such arising from direct construction projects and nance, repairs, and cleaning, $378,845,000: Pro- purpose, $4,600,000 are rescinded. acquisition of buildings may be liquidated vided, That all remaining balances appro- SEC. 529. Within 120 days of enactment, the from savings effected in other construction General Services Administration shall sub- priated in prior fiscal years under the head- projects with prior notification to the Com- mit a detailed report to the Committees on ing ‘‘Electronic Records Archives’’ shall be mittees on Appropriations of the House of Appropriations of the House of Representa- transferred to this account. Representatives and the Senate. tives and the Senate that describes each pro- OFFICE OF INSPECTOR GENERAL SEC. 525. In any case in which the Com- gram, project, or activity that is funded by mittee on Transportation and Infrastructure For necessary expenses of the Office of In- appropriations to General Services Adminis- of the House of Representatives and the spector General in carrying out the provi- tration but is not under the control or direc- Committee on Environment and Public sions of the Inspector General Reform Act of tion, in statute or in practice, of the Admin- Works of the Senate adopt a resolution 2008, Public Law 110–409, 122 Stat. 4302–16 istrator of General Services. granting lease authority pursuant to a pro- (2008), and the Inspector General Act of 1978 spectus transmitted to Congress by the Ad- HARRY S TRUMAN SCHOLARSHIP FOUNDATION (5 U.S.C. App.), and for the hire of passenger ministrator of the General Services Adminis- SALARIES AND EXPENSES motor vehicles, $4,100,000. tration under 40 U.S.C. 3307, the Adminis- For payment to the Harry S Truman REPAIRS AND RESTORATION trator shall ensure that the delineated area Scholarship Foundation Trust Fund, estab- For the repair, alteration, and improve- of procurement is identical to the delineated lished by section 10 of Public Law 93–642, ment of archives facilities, and to provide area included in the prospectus for all lease $700,000, to remain available until expended. adequate storage for holdings, $9,659,000, to

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7532 CONGRESSIONAL RECORD — SENATE November 15, 2011 remain available until expended: Provided, which $642,000 may be for strengthening the and the Act of August 19, 1950 (33 U.S.C. 771– That from amounts made available for the capacity and capabilities of the acquisition 775), may hereafter be paid out of the Civil Military Personnel Records Center require- workforce (as defined by the Office of Fed- Service Retirement and Disability Fund. ment study under this heading in Public Law eral Procurement Policy Act, as amended (41 OFFICE OF SPECIAL COUNSEL 108–199, the remaining unobligated balances U.S.C. 4001 et seq.)), including the recruit- SALARIES AND EXPENSES shall be available to implement the National ment, hiring, training, and retention of such Archives and Records Administration Cap- workforce and information technology in For necessary expenses to carry out func- ital Improvement Plan: Provided further, support of acquisition workforce effective- tions of the Office of Special Counsel pursu- That from amounts made available under ness or for management solutions to improve ant to Reorganization Plan Numbered 2 of this heading in Public Law 111–8 for con- acquisition management, $1,416,000 shall re- 1978, the Civil Service Reform Act of 1978 struction costs and related services for build- main available until expended for the Human (Public Law 95–454), the Whistleblower Pro- ing the addition to the John F. Kennedy Resources Line of Business project; and in tection Act of 1989 (Public Law 101–12), Pub- Presidential Library and Museum and other addition $112,516,000 for administrative ex- lic Law 107–304, and the Uniformed Services necessary expenses, including renovating the penses, to be transferred from the appro- Employment and Reemployment Rights Act Library as needed in constructing the addi- priate trust funds of OPM without regard to of 1994 (Public Law 103–353), including serv- tion, the remaining unobligated balances other statutes, including direct procurement ices as authorized by 5 U.S.C. 3109, payment shall be available to implement the National of printed materials, for the retirement and of fees and expenses for witnesses, rental of Archives and Records Administration Cap- insurance programs: Provided, That the pro- conference rooms in the District of Columbia ital Improvement Plan. visions of this appropriation shall not affect and elsewhere, and hire of passenger motor vehicles; $18,972,000. NATIONAL HISTORICAL PUBLICATIONS AND the authority to use applicable trust funds POSTAL REGULATORY COMMISSION RECORDS COMMISSION as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: SALARIES AND EXPENSES GRANTS PROGRAM Provided further, That no part of this appro- (INCLUDING TRANSFER OF FUNDS) For necessary expenses for allocations and priation shall be available for salaries and grants for historical publications and records For necessary expenses of the Postal Regu- expenses of the Legal Examining Unit of latory Commission in carrying out the provi- as authorized by 44 U.S.C. 2504, $5,000,000, to OPM established pursuant to Executive remain available until expended. sions of the Postal Accountability and En- Order No. 9358 of July 1, 1943, or any suc- hancement Act (Public Law 109–435), NATIONAL CREDIT UNION ADMINISTRATION cessor unit of like purpose: Provided further, $14,304,000, to be derived by transfer from the CENTRAL LIQUIDITY FACILITY That the President’s Commission on White Postal Service Fund and expended as author- During fiscal year 2012, gross obligations of House Fellows, established by Executive ized by section 603(a) of such Act. the Central Liquidity Facility for the prin- Order No. 11183 of October 3, 1964, may, during fiscal year 2012, accept donations of PRIVACY AND CIVIL LIBERTIES OVERSIGHT cipal amount of new direct loans to member BOARD credit unions, as authorized by 12 U.S.C. 1795 money, property, and personal services: Pro- SALARIES AND EXPENSES et seq., shall be the amount authorized by vided further, That such donations, including section 307(a)(4)(A) of the Federal Credit those from prior years, may be used for the For necessary expenses of the Privacy and Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, development of publicity materials to pro- Civil Liberties Oversight Board, as author- That administrative expenses of the Central vide information about the White House Fel- ized by section 1061 of the Intelligence Re- Liquidity Facility in fiscal year 2012 shall lows, except that no such donations shall be form and Terrorism Prevention Act of 2004 (5 not exceed $1,250,000. accepted for travel or reimbursement of U.S.C. 601 note), $1,000,000, to remain avail- travel expenses, or for the salaries of em- able until September 30, 2013. COMMUNITY DEVELOPMENT REVOLVING LOAN ployees of such Commission. FUND RECOVERY ACCOUNTABILITY AND OFFICE OF INSPECTOR GENERAL TRANSPARENCY BOARD For the Community Development Revolv- ing Loan Fund program as authorized by 42 SALARIES AND EXPENSES SALARIES AND EXPENSES U.S.C. 9812, 9822 and 9910, $1,247,000 shall be (INCLUDING TRANSFER OF TRUST FUNDS) For necessary expenses of the Recovery available until September 30, 2013 for tech- For necessary expenses of the Office of In- Accountability and Transparency Board to nical assistance to low-income designated spector General in carrying out the provi- carry out the provisions of title XV of the credit unions. sions of the Inspector General Act of 1978, in- American Recovery and Reinvestment Act of OFFICE OF GOVERNMENT ETHICS cluding services as authorized by 5 U.S.C. 2009 (Public Law 111–5), $28,400,000, to remain available until September 30, 2012. SALARIES AND EXPENSES 3109, hire of passenger motor vehicles, $3,142,000, and in addition, not to exceed SECURITIES AND EXCHANGE COMMISSION For necessary expenses to carry out func- $21,174,000 for administrative expenses to tions of the Office of Government Ethics pur- SALARIES AND EXPENSES audit, investigate, and provide other over- suant to the Ethics in Government Act of For necessary expenses for the Securities sight of the Office of Personnel Manage- 1978, and the Ethics Reform Act of 1989, in- and Exchange Commission, including serv- ment’s retirement and insurance programs, cluding services as authorized by 5 U.S.C. ices as authorized by 5 U.S.C. 3109, the rental to be transferred from the appropriate trust 3109, rental of conference rooms in the Dis- of space (to include multiple year leases) in funds of the Office of Personnel Manage- trict of Columbia and elsewhere, hire of pas- the District of Columbia and elsewhere, and ment, as determined by the Inspector Gen- senger motor vehicles, and not to exceed not to exceed $3,500 for official reception and eral: Provided, That the Inspector General is $1,500 for official reception and representa- representation expenses, $1,407,483,130, to re- authorized to rent conference rooms in the tion expenses, $13,664,000. main available until expended; of which not District of Columbia and elsewhere. OFFICE OF PERSONNEL MANAGEMENT less than $6,795,000 shall be for the Office of GOVERNMENT PAYMENT FOR ANNUITANTS, Inspector General; of which not to exceed SALARIES AND EXPENSES EMPLOYEES HEALTH BENEFITS $45,000 may be used toward funding a perma- (INCLUDING TRANSFER OF TRUST FUNDS) For payment of Government contributions nent secretariat for the International Orga- For necessary expenses to carry out func- with respect to retired employees, as author- nization of Securities Commissions; of tions of the Office of Personnel Management ized by chapter 89 of title 5, United States which, $483,130 shall be for strengthening the [OPM] pursuant to Reorganization Plan Code, and the Retired Federal Employees capacity and capabilities of the acquisition Numbered 2 of 1978 and the Civil Service Re- Health Benefits Act (74 Stat. 849), such sums workforce as defined by the Office of Federal form Act of 1978, including services as au- as may be necessary. Procurement Policy Act, as amended (41 thorized by 5 U.S.C. 3109; medical examina- GOVERNMENT PAYMENT FOR ANNUITANTS, U.S.C. 401 et seq.), including the recruit- tions performed for veterans by private phy- EMPLOYEE LIFE INSURANCE ment, hiring, training, and retention of such sicians on a fee basis; rental of conference workforce and information technology in For payment of Government contributions rooms in the District of Columbia and else- support of acquisition workforce effective- with respect to employees retiring after De- where; hire of passenger motor vehicles; not ness or for management solutions to improve cember 31, 1989, as required by chapter 87 of to exceed $2,500 for official reception and rep- acquisition management; and of which not to title 5, United States Code, such sums as resentation expenses; advances for reim- exceed $100,000 shall be available for expenses may be necessary. bursements to applicable funds of OPM and for consultations and meetings hosted by the the Federal Bureau of Investigation for ex- PAYMENT TO CIVIL SERVICE RETIREMENT AND Commission with foreign governmental and penses incurred under Executive Order No. DISABILITY FUND other regulatory officials, members of their 10422 of January 9, 1953, as amended; and pay- For financing the unfunded liability of new delegations, appropriate representatives and ment of per diem and/or subsistence allow- and increased annuity benefits becoming ef- staff to exchange views concerning develop- ances to employees where Voting Rights Act fective on or after October 20, 1969, as au- ments relating to securities matters, devel- activities require an employee to remain thorized by 5 U.S.C. 8348, and annuities under opment and implementation of cooperation overnight at his or her post of duty, special Acts to be credited to the Civil Serv- agreements concerning securities matters $97,774,000, of which $6,004,000 shall remain ice Retirement and Disability Fund, such and provision of technical assistance for the available until expended for the Enterprise sums as may be necessary: Provided, That an- development of foreign securities markets, Human Resources Integration project, of nuities authorized by the Act of May 29, 1944, such expenses to include necessary logistic

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7533 and administrative expenses and the ex- 636(m)(4)) by intermediaries that make $9,000,000 is for indirect administrative expenses of Commission staff and foreign microloans under the microloan program: penses for the direct loan program, which invitees in attendance at such consultations Provided further, That during fiscal year 2012, may be transferred to and merged with the and meetings including: (1) such incidental the applicable percentage under section appropriations for Salaries and Expenses: expenses as meals taken in the course of 7(m)(4)(A) of the Small Business Act shall be Provided, That such amount is designated by such attendance; (2) any travel and transpor- 50 percent: Provided further, That $7,100,000 Congress as being for disaster relief pursuant tation to or from such meetings; and (3) any shall be available for the Loan Moderniza- to section 251(b)(2)(D) of the Balanced Budg- other related lodging or subsistence; Pro- tion and Accounting System, to be available et and Emergency Deficit Control Act of 1985 vided, That fees and charges authorized by until September 30, 2013: Provided further, (Public Law 99–177), as amended. section 31 of the Securities Exchange Act of That $2,000,000 shall be for the Federal and ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 1934 (15 U.S.C. 78ee) shall be credited to this State Technology Partnership Program ADMINISTRATION account as offsetting collections: Provided under section 34 of the Small Business Act (INCLUDING TRANSFER OF FUNDS) further, That not to exceed $1,407,483,000 of (15 U.S.C. 657d). SEC. 530. Not to exceed 5 percent of any ap- such offsetting collections shall be available OFFICE OF INSPECTOR GENERAL propriation made available for the current until expended for necessary expenses of this For necessary expenses of the Office of In- fiscal year for the Small Business Adminis- account: Provided further, That the total spector General in carrying out the provi- tration in this Act may be transferred be- amount appropriated under this heading sions of the Inspector General Act of 1978, tween such appropriations, but no such ap- from the general fund for fiscal year 2012 $16,267,400. propriation shall be increased by more than shall be reduced as such offsetting fees are 10 percent by any such transfers: Provided, received so as to result in a final total fiscal OFFICE OF ADVOCACY That any transfer pursuant to this paragraph year 2012 appropriation from the general (INCLUDING TRANSFER OF FUNDS) shall be treated as a reprogramming of funds fund estimated at not more than $0. For necessary expenses of the Office of Ad- under section 608 of this Act and shall not be SELECTIVE SERVICE SYSTEM vocacy in carrying out the provisions of title available for obligation or expenditure ex- SALARIES AND EXPENSES II of Public Law 94–305 (15 U.S.C. 634a et seq.) cept in compliance with the procedures set and the Regulatory Flexibility Act of 1980 (5 For necessary expenses of the Selective forth in that section. U.S.C. 601 et seq.), $9,120,000, to remain avail- Service System, including expenses of at- UNITED STATES POSTAL SERVICE able until expended. tendance at meetings and of training for uni- PAYMENT TO THE POSTAL SERVICE FUND BUSINESS LOANS PROGRAM ACCOUNT formed personnel assigned to the Selective For payment to the Postal Service Fund Service System, as authorized by 5 U.S.C. (INCLUDING TRANSFER OF FUNDS) for revenue forgone on free and reduced rate 4101–4118 for civilian employees; purchase of For the cost of direct loans, $3,678,000, to mail, pursuant to subsections (c) and (d) of uniforms, or allowances therefor, as author- remain available until expended, and for the section 2401 of title 39, United States Code, ized by 5 U.S.C. 5901–5902; hire of passenger cost of guaranteed loans as authorized by $78,153,000, which shall not be available for motor vehicles; services as authorized by 5 section 7(a) of the Small Business Act and obligation until October 1, 2012: Provided, U.S.C. 3109; and not to exceed $750 for official section 503 of the Small Business Investment That mail for overseas voting and mail for reception and representation expenses; Act of 1958, $206,862,000, to remain available the blind shall continue to be free: Provided $23,984,000: Provided, That during the current until expended: Provided, That such costs, in- further, That 6-day delivery and rural deliv- fiscal year, the President may exempt this cluding the cost of modifying such loans, ery of mail shall continue at not less than appropriation from the provisions of 31 shall be as defined in section 502 of the Con- the 1983 level: Provided further, That none of U.S.C. 1341, whenever the President deems gressional Budget Act of 1974: Provided fur- the funds made available to the Postal Serv- such action to be necessary in the interest of ther, That subject to section 502 of the Con- ice by this Act shall be used to implement national defense: Provided further, That none gressional Budget Act of 1974, during fiscal any rule, regulation, or policy of charging of the funds appropriated by this Act may be year 2012 commitments to guarantee loans any officer or employee of any State or local expended for or in connection with the in- under section 503 of the Small Business In- child support enforcement agency, or any in- duction of any person into the Armed Forces vestment Act of 1958 shall not exceed dividual participating in a State or local of the United States. $7,500,000,000: Provided further, That during program of child support enforcement, a fee SMALL BUSINESS ADMINISTRATION fiscal year 2012 commitments for general for information requested or provided con- SALARIES AND EXPENSES business loans authorized under section 7(a) cerning an address of a postal customer: Pro- of the Small Business Act shall not exceed For necessary expenses, not otherwise provided further, That none of the funds provided $17,500,000,000 for a combination of amor- vided for, of the Small Business Administra- in this Act shall be used to consolidate or tizing term loans and the aggregated max- tion as authorized by Public Law 108–447, in- close small rural and other small post offices imum line of credit provided by revolving cluding hire of passenger motor vehicles as in fiscal year 2012. loans: Provided further, That during fiscal authorized by 31 U.S.C. 1343 and 1344, and not OFFICE OF INSPECTOR GENERAL year 2012 commitments to guarantee loans to exceed $3,500 for official reception and rep- SALARIES AND EXPENSES for debentures under section 303(b) of the resentation expenses, $404,202,000: Provided, (INCLUDING TRANSFER OF FUNDS) Small Business Investment Act of 1958, shall That the Administrator is authorized to not exceed $3,000,000,000: Provided further, For necessary expenses of the Office of In- charge fees to cover the cost of publications That during fiscal year 2012, guarantees of spector General in carrying out the provi- developed by the Small Business Administra- trust certificates authorized by section 5(g) sions of the Inspector General Act of 1978, tion, and certain loan program activities, in- of the Small Business Act shall not exceed a $241,468,000, to be derived by transfer from cluding fees authorized by section 5(b) of the principal amount of $12,000,000,000. In addi- the Postal Service Fund and expended as au- Small Business Act: Provided further, That, tion, for administrative expenses to carry thorized by section 603(b)(3) of the Postal Ac- notwithstanding 31 U.S.C. 3302, revenues re- out the direct and guaranteed loan pro- countability and Enhancement Act (Public ceived from all such activities shall be cred- grams, $147,958,000, which may be transferred Law 109–435). ited to this account, to remain available to and merged with the appropriations for UNITED STATES TAX COURT until expended, for carrying out these pur- Salaries and Expenses. SALARIES AND EXPENSES poses without further appropriations: Pro- vided further, That the Small Business Ad- DISASTER LOAN PROGRAM ACCOUNT For necessary expenses, including contract ministration may accept gifts in an amount For an additional amount for the ‘‘Disaster reporting and other services as authorized by not to exceed $4,000,000 and may co-sponsor Loans Program Account’’ for the administra- 5 U.S.C. 3109, $51,469,000: Provided, That trav- activities, each in accordance with section tive costs of direct loans authorized by sec- el expenses of the judges shall be paid upon 132(a) of division K of Public Law 108-447, tion 7(b) of the Small Business Act and re- the written certificate of the judge. during fiscal year 2012: Provided further, That sulting from a major disaster designation TITLE VI $112,774,000 shall be available to fund grants pursuant to the Robert T. Stafford Disaster GENERAL PROVISIONS—THIS ACT for performance in fiscal year 2012 or fiscal Relief and Emergency Assistance Act (42 SEC. 601. None of the funds in this Act shall year 2013 as authorized by section 21 of the U.S.C. 5122(2)), $167,300,000, to remain avail- be used for the planning or execution of any Small Business Act, of which $1,000,000 shall able until expended, of which $1,000,000 is for program to pay the expenses of, or otherwise be for the Veterans Assistance and Services the Office of Inspector General of the Small compensate, non-Federal parties intervening Program authorized by section 21(n) of the Business Administration for audits and rein regulatory or adjudicatory proceedings Small Business Act, as added by section 107 views of disaster loans and the disaster loan funded in this Act. of Public Law 110–186, and of which $1,000,000 programs and shall be transferred to and SEC. 602. None of the funds appropriated in shall be for the Small Business Energy Effi- merged with the appropriations for the Of- this Act shall remain available for obliga- ciency Program authorized by section 1203(c) fice of Inspector General; of which tion beyond the current fiscal year, nor may of Public Law 110–140: Provided further, That $157,300,000 is for direct administrative ex- any be transferred to other appropriations, $21,956,000 shall remain available until Sep- pense of loan making and servicing to carry unless expressly so provided herein. tember 30, 2013 for marketing, management, out the direct loan program, which may be SEC. 603. The expenditure of any appropria- and technical assistance under section 7(m) transferred to and merged with the appro- tion under this Act for any consulting serv- of the Small Business Act (15 U.S.C. priations for Salaries and Expenses; of which ice through procurement contract pursuant

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to 5 U.S.C. 3109, shall be limited to those gram, project, and activity as detailed in the SEC. 615. The Public Company Accounting contracts where such expenditures are a budget appendix for the respective appro- Oversight Board shall have authority to obli- matter of public record and available for priation; and gate funds for the scholarship program es- public inspection, except where otherwise (C) an identification of items of special tablished by section 109(c)(2) of the Sar- provided under existing law, or under exist- congressional interest: Provided further, That banes-Oxley Act of 2002 (Public Law 107–204) ing Executive order issued pursuant to exist- the amount appropriated or limited for sala- in an aggregate amount not exceeding the ing law. ries and expenses for an agency shall be re- amount of funds collected by the Board as of SEC. 604. None of the funds made available duced by $100,000 per day for each day after December 31, 2011, including accrued inter- in this Act may be transferred to any depart- the required date that the report has not est, as a result of the assessment of mone- ment, agency, or instrumentality of the been submitted to the Congress. tary penalties. Funds available for obliga- United States Government, except pursuant SEC. 609. Except as otherwise specifically tion in fiscal year 2012 shall remain available to a transfer made by, or transfer authority provided by law, not to exceed 50 percent of until expended. provided in, this Act or any other appropria- unobligated balances remaining available at SEC. 616. From the unobligated balances of tions Act. the end of fiscal year 2012 from appropria- prior year appropriations made available for SEC. 605. None of the funds made available tions made available for salaries and ex- the Privacy and Civil Liberties Oversight by this Act shall be available for any activ- penses for fiscal year 2012 in this Act, shall Board, $998,000 are rescinded. ity or for paying the salary of any Govern- remain available through September 30, 2013, SEC. 617. Notwithstanding section 708 of ment employee where funding an activity or for each such account for the purposes au- this Act, funds made available to the Com- paying a salary to a Government employee thorized: Provided, That a request shall be modity Futures Trading Commission and the would result in a decision, determination, submitted to the Committees on Appropria- Securities and Exchange Commission by this rule, regulation, or policy that would pro- tions of the House of Representatives and or any other Act may be used for the inter- hibit the enforcement of section 307 of the the Senate for approval prior to the expendi- agency funding and sponsorship of a joint ad- Tariff Act of 1930 (19 U.S.C. 1307). ture of such funds: Provided further, That visory committee to advise on emerging reg- SEC. 606. No funds appropriated pursuant to these requests shall be made in compliance ulatory issues. this Act may be expended by an entity un- with reprogramming guidelines. SEC. 618. Section 1107 of title 31, United less the entity agrees that in expending the SEC. 610. None of the funds made available States Code, is amended by adding to the end assistance the entity will comply with the in this Act may be used by the Executive Of- thereof the following: ‘‘The President shall Buy American Act (41 U.S.C. 10a–10c). fice of the President to request from the Fed- transmit promptly to Congress without SEC. 607. No funds appropriated or other- eral Bureau of Investigation any official change, proposed deficiency and supple- wise made available under this Act shall be background investigation report on any indi- mental appropriations submitted to the made available to any person or entity that vidual, except when— President by the legislative branch and the has been convicted of violating the Buy (1) such individual has given his or her ex- judicial branch.’’. SEC. 619. Section 7 of the Abraham Lincoln American Act (41 U.S.C. 10a–10c). press written consent for such request not Commemorative Coin Act (31 U.S.C. § 5112 SEC. 608. Except as otherwise provided in more than 6 months prior to the date of such note) is amended in subsection (b) by strik- this Act, none of the funds provided in this request and during the same presidential ad- ing ‘‘Abraham Lincoln Bicentennial Com- Act, provided by previous appropriations ministration; or mission to further the work of the Commis- Acts to the agencies or entities funded in (2) such request is required due to extraor- sion’’ and inserting ‘‘Abraham Lincoln Bi- this Act that remain available for obligation dinary circumstances involving national se- centennial Foundation for the purposes of or expenditure in fiscal year 2012, or provided curity. commemorating the bicentennial of the from any accounts in the Treasury derived SEC. 611. The cost accounting standards birth of Abraham Lincoln, and fostering and promulgated under chapter 15 of title 41, by the collection of fees and available to the promoting the awareness and study of the United States Code shall not apply with re- agencies funded by this Act, shall be avail- life of Abraham Lincoln’’ and in subsection spect to a contract under the Federal Em- able for obligation or expenditure through a (c) by striking ‘‘Abraham Lincoln Bicenten- ployees Health Benefits Program established reprogramming of funds that: nial Commission’’ and inserting ‘‘Abraham under chapter 89 of title 5, United States (1) creates a new program; Lincoln Bicentennial Foundation’’. Code. (2) eliminates a program, project, or activ- SEC. 620. The Help America Vote Act of SEC. 612. For the purpose of resolving liti- ity; 2002 (Public Law 107–252) is amended by: (3) increases funds or personnel for any gation and implementing any settlement agreements regarding the nonforeign area (1) inserting in section 255(b)(42 U.S.C. program, project, or activity for which funds 15405) ‘‘posted on the Commission’s website have been denied or restricted by the Con- cost-of-living allowance program, the Office of Personnel Management may accept and with a notice’’ after ‘‘cause to have the gress; plan’’; (4) proposes to use funds directed for a spe- utilize (without regard to any restriction on unanticipated travel expenses imposed in an (2) inserting in section 253(d)(42 U.S.C. cific activity by the Committee on Appro- 15403) ‘‘notice of’’ prior to ‘‘the State plan’’; priations of either the House of Representa- Appropriations Act) funds made available to the Office of Personnel Management pursu- (3) inserting in section 254(a)(11)(42 U.S.C. tives or the Senate for a different purpose; 15404) ‘‘notice of’’ prior to ‘‘the change’’; and (5) augments existing programs, projects, ant to court approval. SEC. 613. In order to promote Government (4) inserting in section 254(a)(11)(C)(42 or activities in excess of $5,000,000 or 10 per- access to commercial information tech- U.S.C. 15404) ‘‘notice of’’ prior to ‘‘the cent, whichever is less; nology, the restriction on purchasing non- change’’. (6) reduces existing programs, projects, or domestic articles, materials, and supplies set SEC. 621. Section 605 of the Departments of activities by $5,000,000 or 10 percent, which- forth in chapter 83 of title 41, United States Commerce, Justice, and State, the Judiciary, ever is less; or Code (popularly known as the Buy American and Related Agencies Appropriations Act, (7) creates or reorganizes offices, programs, Act), shall not apply to the acquisition by 1990 (15 U.S.C. 18a note) is amended— or activities unless prior approval is received the Federal Government of information (1) in subsection (b)— from the Committees on Appropriations of technology (as defined in section 11101 of (A) in the matter preceding paragraph (1), the House of Representatives and the Senate: title 40, United States Code), that is a com- by striking ‘‘The filing fees’’ and inserting Provided, That prior to any significant reor- mercial item (as defined in section 103 of ‘‘Subject to subsection (c), the filing fees’’; ganization or restructuring of offices, pro- title 41, United States Code). (B) in paragraph (1), by striking ‘‘$45,000’’ grams, or activities, each agency or entity SEC. 614. Notwithstanding section 1353 of and inserting ‘‘$60,000’’; funded in this Act shall consult with the title 31, United States Code, no officer or em- (C) in paragraph (2)— Committees on Appropriations of the House ployee of any regulatory agency or commis- (i) by striking ‘‘$125,000’’ and inserting of Representatives and the Senate: Provided sion funded by this Act may accept on behalf ‘‘$160,000’’; and further, That not later than 60 days after the of that agency, nor may such agency or com- (ii) by striking ‘‘and’’ at the end; date of enactment of this Act, each agency mission accept, payment or reimbursement (D) in paragraph (3)— funded by this Act shall submit a report to from a non-Federal entity for travel, subsist- (i) by striking ‘‘$280,000’’ and inserting the Committees on Appropriations of the ence, or related expenses for the purpose of ‘‘$360,000’’; and House of Representatives and the Senate to enabling an officer or employee to attend (ii) by striking the period at the end and establish the baseline for application of re- and participate in any meeting or similar inserting ‘‘but less than $1,000,000,000 (as so programming and transfer authorities for function relating to the official duties of the adjusted and published); and’’; and the current fiscal year: Provided further, That officer or employee when the entity offering (E) by adding at the end the following: at a minimum, the report shall include: payment or reimbursement is a person or en- ‘‘(4) $500,000 if the aggregate total amount (A) a table for each appropriation with a tity subject to regulation by such agency or determined under section 7A(a)(2) of the separate column to display the President’s commission, or represents a person or entity Clayton Act (15 U.S.C. 18a(a)(2)) is not less budget request, adjustments made by Con- subject to regulation by such agency or com- than $1,000,000,000 (as so adjusted and pub- gress, adjustments due to enacted rescis- mission, unless the person or entity is an or- lished).’’; and sions, if appropriate, and the fiscal year en- ganization described in section 501(c)(3) of (2) by adding at the end the following: acted level; the Internal Revenue Code of 1986 and ex- ‘‘(c) For fiscal year 2013, and each fiscal (B) a delineation in the table for each ap- empt from tax under section 501(a) of such year thereafter, the Federal Trade Commis- propriation both by object class and pro- Code. sion shall publish in the Federal Register

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7535 and increase the amount of each filing fee section shall not apply to any vehicle that is shall be available until expended for the fol- under subsection (b) in the same manner and a commercial item and which operates on lowing purposes: on the same dates as provided under section emerging motor vehicle technology, includ- (1) Acquisition, waste reduction and pre- 8(a)(5) of the Clayton Act (15 U.S.C. 19(a)(5)) ing but not limited to electric, plug-in hy- vention, and recycling programs as described to reflect the percentage change in the gross brid electric, and hydrogen fuel cell vehicles. in Executive Order No. 13423 (January 24, national product for the fiscal year as com- SEC. 703. Appropriations of the executive 2007), including any such programs adopted pared to the gross national product for fiscal departments and independent establishments prior to the effective date of the Executive year 2011, except that the Federal Trade for the current fiscal year available for ex- order. Commission— penses of travel, or for the expenses of the (2) Other Federal agency environmental ‘‘(1) shall round any increase in a filing fee activity concerned, are hereby made avail- management programs, including, but not under this subsection to the nearest $5,000; able for quarters allowances and cost-of-liv- limited to, the development and implemen- ‘‘(2) shall not increase filing fees under this ing allowances, in accordance with 5 U.S.C. tation of hazardous waste management and subsection if the increase in the gross na- 5922–5924. pollution prevention programs. tional product is less than 1 percent; and SEC. 704. Unless otherwise specified during (3) Other employee programs as authorized ‘‘(3) shall not decrease filing fees under the current fiscal year, no part of any appro- by law or as deemed appropriate by the head this subsection.’’. priation contained in this or any other Act of the Federal agency. SEC. 622. None of the funds appropriated by shall be used to pay the compensation of any SEC. 707. Funds made available by this or this or any other Act shall be available for officer or employee of the Government of the any other Act for administrative expenses in the purpose of conveying the headquarters United States (including any agency the ma- the current fiscal year of the corporations building of the Federal Trade Commission jority of the stock of which is owned by the and agencies subject to chapter 91 of title 31, (located at 600 Pennsylvania Avenue, North- Government of the United States) whose United States Code, shall be available, in ad- west, in the District of Columbia) to any en- post of duty is in the continental United dition to objects for which such funds are tity unless the Administrator of the General States unless such person: (1) is a citizen of otherwise available, for rent in the District Services Administration determines that the United States; (2) is a person who is law- of Columbia; services in accordance with 5 such transaction is made in the best interest fully admitted for permanent residence and U.S.C. 3109; and the objects specified under of the taxpayer. In making a final deter- is seeking citizenship as outlined in 8 U.S.C. this head, all the provisions of which shall be mination, the Administrator shall consider if 1324b(a)(3)(B); (3) is a person who is admitted applicable to the expenditure of such funds the Federal Government would be com- as a refugee under 8 U.S.C. 1157 or is granted unless otherwise specified in the Act by pensated at least the Fair Market Value of asylum under 8 U.S.C. 1158 and has filed a which they are made available: Provided, such building as determined by the Adminis- declaration of intention to become a lawful That in the event any functions budgeted as trator of the General Services. The Adminis- permanent resident and then a citizen when administrative expenses are subsequently trator shall determine the property’s Fair eligible; or (4) is a person who owes alle- transferred to or paid from other funds, the Market Value through an appraisal con- giance to the United States: Provided, That limitations on administrative expenses shall ducted by a licensed, independent appraiser. for purposes of this section, affidavits signed be correspondingly reduced. The appraisal shall be based on the prop- by any such person shall be considered prima SEC. 708. No part of any appropriation con- erty’s highest and best use. The Adminis- facie evidence that the requirements of this tained in this or any other Act shall be trator shall also consider cost to the tax- section with respect to his or her status are available for interagency financing of boards payer for acquiring replacement space for being complied with: Provided further, That (except Federal Executive Boards), commis- the headquarters building of the Federal for purposes of subsections (2) and (3) such sions, councils, committees, or similar Trade Commission and for moving staff and affidavits shall be submitted prior to em- groups (whether or not they are interagency operations to such replacement space. The ployment and updated thereafter as nec- entities) which do not have a prior and spe- determination of the Administrator shall be essary: Provided further, That any person cific statutory approval to receive financial final. making a false affidavit shall be guilty of a support from more than one agency or in- felony, and upon conviction, shall be fined no TITLE VII strumentality. more than $4,000 or imprisoned for not more SEC. 709. None of the funds made available GENERAL PROVISIONS—GOVERNMENT- than 1 year, or both: Provided further, That pursuant to the provisions of this Act shall WIDE the above penal clause shall be in addition be used to implement, administer, or enforce DEPARTMENTS, AGENCIES, AND CORPORATIONS to, and not in substitution for, any other any regulation which has been disapproved SEC. 701. No department, agency, or instru- provisions of existing law: Provided further, pursuant to a joint resolution duly adopted mentality of the United States receiving ap- That any payment made to any officer or in accordance with the applicable law of the propriated funds under this or any other Act employee contrary to the provisions of this United States. for fiscal year 2012 shall obligate or expend section shall be recoverable in action by the SEC. 710. (a) Notwithstanding any other any such funds, unless such department, Federal Government: Provided further, That provision of law, and except as otherwise agency, or instrumentality has in place, and this section shall not apply to any person provided in this section, no part of any of the will continue to administer in good faith, a who is an officer or employee of the Govern- funds appropriated for fiscal year 2012, by written policy designed to ensure that all of ment of the United States on the date of en- this or any other Act, may be used to pay its workplaces are free from the illegal use, actment of this Act, or to international any prevailing rate employee described in possession, or distribution of controlled sub- broadcasters employed by the Broadcasting section 5342(a)(2)(A) of title 5, United States stances (as defined in the Controlled Sub- Board of Governors, or to temporary employ- Code— stances Act (21 U.S.C. 802)) by the officers ment of translators, or to temporary em- (1) during the period from the date of expi- and employees of such department, agency, ployment in the field service (not to exceed ration of the limitation imposed by the com- or instrumentality. 60 days) as a result of emergencies: Provided parable section for previous fiscal years SEC. 702. Unless otherwise specifically pro- further, That this section does not apply to until the normal effective date of the appli- vided, the maximum amount allowable dur- the employment as Wildland firefighters for cable wage survey adjustment that is to take ing the current fiscal year in accordance not more than 120 days of nonresident aliens effect in fiscal year 2012, in an amount that with subsection 1343(c) of title 31, United employed by the Department of the Interior exceeds the rate payable for the applicable States Code, for the purchase of any pas- or the USDA Forest Service pursuant to an grade and step of the applicable wage sched- senger motor vehicle (exclusive of buses, am- agreement with another country. ule in accordance with such section; and bulances, law enforcement, and undercover SEC. 705. Appropriations available to any (2) during the period consisting of the re- surveillance vehicles), is hereby fixed at department or agency during the current fis- mainder of fiscal year 2012, in an amount $13,179 except station wagons for which the cal year for necessary expenses, including that exceeds, as a result of a wage survey ad- maximum shall be $13,631: Provided, That maintenance or operating expenses, shall justment, the rate payable under paragraph these limits may be exceeded by not to ex- also be available for payment to the General (1) by more than the sum of— ceed $3,700 for police-type vehicles, and by Services Administration for charges for (A) the percentage adjustment taking ef- not to exceed $4,000 for special heavy-duty space and services and those expenses of ren- fect in fiscal year 2012 under section 5303 of vehicles: Provided further, That the limits set ovation and alteration of buildings and fa- title 5, United States Code, in the rates of forth in this section may not be exceeded by cilities which constitute public improve- pay under the General Schedule; and more than 5 percent for electric or hybrid ve- ments performed in accordance with the (B) the difference between the overall aver- hicles purchased for demonstration under Public Buildings Act of 1959 (73 Stat. 479), age percentage of the locality-based com- the provisions of the Electric and Hybrid Ve- the Public Buildings Amendments of 1972 (86 parability payments taking effect in fiscal hicle Research, Development, and Dem- Stat. 216), or other applicable law. year 2012 under section 5304 of such title onstration Act of 1976: Provided further, That SEC. 706. In addition to funds provided in (whether by adjustment or otherwise), and the limits set forth in this section may be this or any other Act, all Federal agencies the overall average percentage of such pay- exceeded by the incremental cost of clean al- are authorized to receive and use funds re- ments which was effective in the previous ternative fuels vehicles acquired pursuant to sulting from the sale of materials, including fiscal year under such section. Public Law 101–549 over the cost of com- Federal records disposed of pursuant to a (b) Notwithstanding any other provision of parable conventionally fueled vehicles: Pro- records schedule recovered through recycling law, no prevailing rate employee described in vided further, That the limits set forth in this or waste prevention programs. Such funds subparagraph (B) or (C) of section 5342(a)(2)

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7536 CONGRESSIONAL RECORD — SENATE November 15, 2011 of title 5, United States Code, and no em- solely or primarily in order to detail the em- (b) Nothing in this section shall prohibit, ployee covered by section 5348 of such title, ployee to the White House. restrict, or otherwise preclude an agency may be paid during the periods for which (b) The provisions of this section shall not from conducting training bearing directly subsection (a) is in effect at a rate that ex- apply to Federal employees or members of upon the performance of official duties. ceeds the rates that would be payable under the armed forces detailed to or from— SEC. 716. (a) No funds appropriated in this subsection (a) were subsection (a) applicable (1) the Central Intelligence Agency; or any other Act may be used to implement to such employee. (2) the National Security Agency; or enforce the agreements in Standard (c) For the purposes of this section, the (3) the Defense Intelligence Agency; Forms 312 and 4414 of the Government or any rates payable to an employee who is covered (4) the National Geospatial-Intelligence other nondisclosure policy, form, or agree- by this section and who is paid from a sched- Agency; ment if such policy, form, or agreement does ule not in existence on September 30, 2011, (5) the offices within the Department of not contain the following provisions: ‘‘These shall be determined under regulations pre- Defense for the collection of specialized na- restrictions are consistent with and do not scribed by the Office of Personnel Manage- tional foreign intelligence through recon- supersede, conflict with, or otherwise alter ment. naissance programs; the employee obligations, rights, or liabil- (d) Notwithstanding any other provision of (6) the Bureau of Intelligence and Research ities created by Executive Order No. 12958; law, rates of premium pay for employees sub- of the Department of State; section 7211 of title 5, United States Code ject to this section may not be changed from (7) any agency, office, or unit of the Army, (governing disclosures to Congress); section the rates in effect on September 30, 2011, ex- Navy, Air Force, and Marine Corps, the De- 1034 of title 10, United States Code, as cept to the extent determined by the Office partment of Homeland Security, the Federal amended by the Military Whistleblower Pro- of Personnel Management to be consistent Bureau of Investigation and the Drug En- tection Act (governing disclosure to Con- with the purpose of this section. forcement Administration of the Department gress by members of the military); section (e) This section shall apply with respect to of Justice, the Department of Transpor- 2302(b)(8) of title 5, United States Code, as pay for service performed after September tation, the Department of the Treasury, and amended by the Whistleblower Protection 30, 2011. the Department of Energy performing intel- Act of 1989 (governing disclosures of ille- (f) For the purpose of administering any ligence functions; or gality, waste, fraud, abuse or public health provision of law (including any rule or regu- (8) the Director of National Intelligence or or safety threats); the Intelligence Identities lation that provides premium pay, retire- the Office of the Director of National Intel- Protection Act of 1982 (50 U.S.C. 421 et seq.) ment, life insurance, or any other employee ligence. (governing disclosures that could expose con- benefit) that requires any deduction or con- SEC. 714. No part of any appropriation confidential Government agents); and the statutes which protect against disclosure that tribution, or that imposes any requirement tained in this or any other Act shall be may compromise the national security, in- or limitation on the basis of a rate of salary available for the payment of the salary of cluding sections 641, 793, 794, 798, and 952 of or basic pay, the rate of salary or basic pay any officer or employee of the Federal Gov- title 18, United States Code, and section 4(b) payable after the application of this section ernment, who— of the Subversive Activities Control Act of shall be treated as the rate of salary or basic (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other 1950 (50 U.S.C. 783(b)). The definitions, repay. quirements, obligations, rights, sanctions, (g) Nothing in this section shall be consid- officer or employee of the Federal Govern- and liabilities created by said Executive ered to permit or require the payment to any ment from having any direct oral or written communication or contact with any Member, order and listed statutes are incorporated employee covered by this section at a rate in into this agreement and are controlling.’’: committee, or subcommittee of the Congress excess of the rate that would be payable were Provided, That notwithstanding the pre- in connection with any matter pertaining to this section not in effect. ceding provision of this section, a nondisclo- the employment of such other officer or em- (h) The Office of Personnel Management sure policy form or agreement that is to be ployee or pertaining to the department or may provide for exceptions to the limita- executed by a person connected with the con- tions imposed by this section if the Office de- agency of such other officer or employee in duct of an intelligence or intelligence-re- termines that such exceptions are necessary any way, irrespective of whether such com- lated activity, other than an employee or of- to ensure the recruitment or retention of munication or contact is at the initiative of ficer of the United States Government, may qualified employees. such other officer or employee or in response contain provisions appropriate to the par- SEC. 711. During the period in which the to the request or inquiry of such Member, ticular activity for which such document is head of any department or agency, or any committee, or subcommittee; or to be used. Such form or agreement shall, at other officer or civilian employee of the Fed- (2) removes, suspends from duty without a minimum, require that the person will not eral Government appointed by the President pay, demotes, reduces in rank, seniority, sta- disclose any classified information received of the United States, holds office, no funds tus, pay, or performance or efficiency rating, in the course of such activity unless specifi- may be obligated or expended in excess of denies promotion to, relocates, reassigns, cally authorized to do so by the United $5,000 to furnish or redecorate the office of transfers, disciplines, or discriminates in re- States Government. Such nondisclosure such department head, agency head, officer, gard to any employment right, entitlement, forms shall also make it clear that they do or employee, or to purchase furniture or or benefit, or any term or condition of em- not bar disclosures to Congress, or to an au- make improvements for any such office, un- ployment of, any other officer or employee thorized official of an executive agency or less advance notice of such furnishing or re- of the Federal Government, or attempts or the Department of Justice, that are essential decoration is transmitted to the Committees threatens to commit any of the foregoing ac- to reporting a substantial violation of law. on Appropriations of the House of Represent- tions with respect to such other officer or (b) Effective 180 days after enactment of atives and the Senate. For the purposes of employee, by reason of any communication this Act, subsection (a) is amended by— this section, the term ‘‘office’’ shall include or contact of such other officer or employee (1) striking ‘‘Executive Order No. 12958’’ the entire suite of offices assigned to the in- with any Member, committee, or sub- and inserting ‘‘Executive Order No. 13526 (75 dividual, as well as any other space used pri- committee of the Congress as described in Fed. Reg. 707), or any successor thereto’’; and marily by the individual or the use of which paragraph (1). (2) after ‘‘the Intelligence Identities Pro- is directly controlled by the individual. SEC. 715. (a) None of the funds made avail- tection Act of 1982 (50 U.S.C. 421 et seq.) (gov- SEC. 712. Notwithstanding section 31 U.S.C. able in this or any other Act may be obli- erning disclosures that could expose con- 1346, or section 708 of this Act, funds made gated or expended for any employee training fidential Government agents);’’ inserting available for the current fiscal year by this that— ‘‘sections 7(c) and 8H of the Inspector Gen- or any other Act shall be available for the (1) does not meet identified needs for eral Act of 1978 (5 U.S.C. App.) (relating to interagency funding of national security and knowledge, skills, and abilities bearing di- disclosures to an inspector general, the in- emergency preparedness telecommunications rectly upon the performance of official du- spectors general of the Intelligence Commu- initiatives which benefit multiple Federal ties; nity, and Congress); section 103H(g)(3) of the departments, agencies, or entities, as pro- (2) contains elements likely to induce high National Security Act of 1947 (50 U.S.C. 403– vided by Executive Order No. 12472 (April 3, levels of emotional response or psychological 3h(g)(3) (relating to disclosures to the inspec- 1984). stress in some participants; tor general of the Intelligence Community); SEC. 713. (a) None of the funds appropriated (3) does not require prior employee notifi- sections 17(d)(5) and 17(e)(3) of the Central by this or any other Act may be obligated or cation of the content and methods to be used Intelligence Agency Act of 1949 (50 U.S.C. expended by any Federal department, agen- in the training and written end of course 403q(d)(5) and 403q(e)(3)) (relating to disclo- cy, or other instrumentality for the salaries evaluation; sures to the Inspector General of the Central or expenses of any employee appointed to a (4) contains any methods or content associ- Intelligence Agency and Congress);’’. position of a confidential or policy-deter- ated with religious or quasi-religious belief (c) A nondisclosure agreement entered into mining character excepted from the competi- systems or ‘‘new age’’ belief systems as de- before the effective date of the amendment tive service pursuant to 5 U.S.C. 3302, with- fined in Equal Employment Opportunity in subsection (b) may continue to be imple- out a certification to the Office of Personnel Commission Notice N–915.022, dated Sep- mented and enforced after that effective date Management from the head of the Federal tember 2, 1988; or if it complies with the requirements of sub- department, agency, or other instrumen- (5) is offensive to, or designed to change, section (a) that were in effect prior to the ef- tality employing the Schedule C appointee participants, personal values or lifestyle out- fective date of the amendment in subsection that the Schedule C position was not created side the workplace. (b).

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SEC. 717. No part of any funds appropriated the distribution of Federal funds shall indi- and Budget Circular A–126 regarding official in this or any other Act shall be used by an cate the agency providing the funds, the travel for Government personnel, to partici- agency of the executive branch, other than Catalog of Federal Domestic Assistance pate in the fractional aircraft ownership for normal and recognized executive-legisla- Number, as applicable, and the amount pro- pilot program. tive relationships, for publicity or propa- vided: Provided, That this provision shall SEC. 730. Notwithstanding any other provi- ganda purposes, and for the preparation, dis- apply to direct payments, formula funds, and sion of law, none of the funds appropriated or tribution or use of any kit, pamphlet, book- grants received by a State receiving Federal made available under this Act or any other let, publication, radio, television, or film funds. appropriations Act may be used to imple- presentation designed to support or defeat SEC. 726. (a) PROHIBITION OF FEDERAL AGEN- ment or enforce restrictions or limitations legislation pending before the Congress, ex- CY MONITORING OF INDIVIDUALS’ INTERNET on the Coast Guard Congressional Fellowship cept in presentation to the Congress itself. USE.—None of the funds made available in Program, or to implement the proposed regu- SEC. 718. None of the funds appropriated by this or any other Act may be used by any lations of the Office of Personnel Manage- this or any other Act may be used by an Federal agency— ment to add sections 300.311 through 300.316 agency to provide a Federal employee’s (1) to collect, review, or create any aggre- to part 300 of title 5 of the Code of Federal home address to any labor organization ex- gation of data, derived from any means, that Regulations, published in the Federal Reg- cept when the employee has authorized such includes any personally identifiable informa- ister, volume 68, number 174, on September 9, disclosure or when such disclosure has been tion relating to an individual’s access to or 2003 (relating to the detail of executive ordered by a court of competent jurisdiction. use of any Federal Government Internet site branch employees to the legislative branch). SEC. 731. Notwithstanding any other provi- SEC. 719. None of the funds made available of the agency; or sion of law, no executive branch agency shall in this Act or any other Act may be used to (2) to enter into any agreement with a purchase, construct, and/or lease any addi- provide any non-public information such as third party (including another government tional facilities, except within or contiguous mailing or telephone lists to any person or agency) to collect, review, or obtain any ag- to existing locations, to be used for the pur- any organization outside of the Federal Gov- gregation of data, derived from any means, pose of conducting Federal law enforcement ernment without the approval of the Com- that includes any personally identifiable in- training without the advance approval of the mittees on Appropriations of the House of formation relating to an individual’s access Committees on Appropriations of the House Representatives and the Senate. to or use of any nongovernmental Internet of Representatives and the Senate, except EC. 720. No part of any appropriation con- S site. that the Federal Law Enforcement Training tained in this or any other Act shall be used (b) EXCEPTIONS.—The limitations estab- Center is authorized to obtain the temporary directly or indirectly, including by private lished in subsection (a) shall not apply to— use of additional facilities by lease, contract, contractor, for publicity or propaganda pur- (1) any record of aggregate data that does or other agreement for training which can- poses within the United States not here- not identify particular persons; not be accommodated in existing Center fa- tofore authorized by the Congress. (2) any voluntary submission of personally cilities. SEC. 721. (a) In this section, the term identifiable information; SEC. 732. (a) For fiscal year 2012, no funds ‘‘agency’’— (3) any action taken for law enforcement, shall be available for transfers or reimburse- (1) means an Executive agency, as defined regulatory, or supervisory purposes, in ac- ments to the e-government initiatives spon- under 5 U.S.C. 105; cordance with applicable law; or sored by the Office of Management and Budg- (2) includes a military department, as de- (4) any action described in subsection (a)(1) et prior to 15 days following submission of a fined under section 102 of such title, the that is a system security action taken by the report to the Committees on Appropriations Postal Service, and the Postal Regulatory operator of an Internet site and is nec- of the House of Representatives and the Sen- Commission; and essarily incident to providing the Internet ate by the Director of the Office of Manage- (3) shall not include the Government Ac- site services or to protecting the rights or ment and Budget and receipt of approval to countability Office. property of the provider of the Internet site. transfer funds by the Committees on Appro- (b) Unless authorized in accordance with (c) DEFINITIONS.—For the purposes of this priations of the House of Representatives law or regulations to use such time for other section: and the Senate. purposes, an employee of an agency shall use (1) The term ‘‘regulatory’’ means agency (b) The report in subsection (a) and other official time in an honest effort to perform actions to implement, interpret or enforce required justification materials shall include official duties. An employee not under a authorities provided in law. at a minimum— leave system, including a Presidential ap- (2) The term ‘‘supervisory’’ means exami- (1) a description of each initiative includ- pointee exempted under 5 U.S.C. 6301(2), has nations of the agency’s supervised institu- ing but not limited to its objectives, bene- an obligation to expend an honest effort and tions, including assessing safety and sound- fits, development status, risks, cost effec- a reasonable proportion of such employee’s ness, overall financial condition, manage- tiveness (including estimated net costs or time in the performance of official duties. ment practices and policies and compliance savings to the government), and the esti- SEC. 722. Notwithstanding 31 U.S.C. 1346 with applicable standards as provided in law. mated date of full operational capability; and section 708 of this Act, funds made avail- SEC. 727. (a) None of the funds appropriated (2) the total development cost of each ini- able for the current fiscal year by this or any by this Act may be used to enter into or tiative by fiscal year including costs to date, other Act to any department or agency, renew a contract which includes a provision the estimated costs to complete its develop- which is a member of the Federal Account- providing prescription drug coverage, except ment to full operational capability, and esti- ing Standards Advisory Board (FASAB), where the contract also includes a provision mated annual operations and maintenance shall be available to finance an appropriate for contraceptive coverage. costs; and share of FASAB administrative costs. (b) Nothing in this section shall apply to a (3) the sources and distribution of funding SEC. 723. Notwithstanding any other provi- contract with— by fiscal year and by agency and bureau for sion of law, a woman may breastfeed her (1) any of the following religious plans: each initiative including agency contribu- child at any location in a Federal building or (A) Personal Care’s HMO; and tions to date and estimated future contribu- on Federal property, if the woman and her (B) OSF HealthPlans, Inc.; and tions by agency. child are otherwise authorized to be present (2) any existing or future plan, if the car- (c) No funds shall be available for obliga- at the location. rier for the plan objects to such coverage on tion or expenditure for new e-government SEC. 724. Notwithstanding 31 U.S.C. 1346, or the basis of religious beliefs. initiatives without the explicit approval of section 708 of this Act, funds made available (c) In implementing this section, any plan the Committees on Appropriations of the for the current fiscal year by this or any that enters into or renews a contract under House of Representatives and the Senate. other Act shall be available for the inter- this section may not subject any individual SEC. 733. Notwithstanding section 1346 of agency funding of specific projects, work- to discrimination on the basis that the indi- title 31, United States Code, and section 708 shops, studies, and similar efforts to carry vidual refuses to prescribe or otherwise proof this Act and any other provision of law, out the purposes of the National Science and vide for contraceptives because such activi- the head of each appropriate executive de- Technology Council (authorized by Execu- ties would be contrary to the individual’s re- partment and agency shall transfer to or re- tive Order No. 12881), which benefit multiple ligious beliefs or moral convictions. imburse the United States Fish and Wildlife Federal departments, agencies, or entities: (d) Nothing in this section shall be con- Service, upon the direction of the Director of Provided, That the Office of Management and strued to require coverage of abortion or the Office of Management and Budget, funds Budget shall provide a report describing the abortion-related services. made available by this or any other Act for budget of and resources connected with the SEC. 728. The Congress of the United States the purposes described below, and shall sub- National Science and Technology Council to recognizes the United States Anti-Doping mit budget requests for such purposes. These the Committees on Appropriations, the Agency (USADA) as the official anti-doping funds shall be administered by the United House Committee on Science and Tech- agency for Olympic, Pan American, and States Fish and Wildlife Service, in con- nology, and the Senate Committee on Com- Paralympic sport in the United States. sultation with the appropriate interagency merce, Science, and Transportation 90 days SEC. 729. Notwithstanding any other provi- groups designated by the Director and shall after enactment of this Act. sion of law, funds appropriated for official be used to ensure the uninterrupted, contin- SEC. 725. Any request for proposals, solici- travel by Federal departments and agencies uous operation of the Midway Atoll Airfield tation, grant application, form, notification, may be used by such departments and agen- by the United States Fish and Wildlife Serv- press release, or other publications involving cies, if consistent with Office of Management ice pursuant to an operational agreement

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7538 CONGRESSIONAL RECORD — SENATE November 15, 2011 with the Federal Aviation Administration business of the Department or agency or (1) in subsection (a)(3), by inserting after for the entirety of fiscal year 2012 and any with applicable standards of conduct. ‘‘exercise of an option’’ the following: ‘‘, and period thereafter that precedes the enact- SEC. 738. (a) DEFINITIONS.—For purposes of task orders issued under any such con- ment of the Financial Services and General this section the following definitions apply: tract,’’; Government Appropriations Act, 2013. The (1) GREAT LAKES.—The terms ‘‘Great (2) in subsection (a)(3)(G), by inserting be- Director of the Office of Management and Lakes’’ and ‘‘Great Lakes State’’ have the fore the period at the end the following: ‘‘, Budget shall mandate the necessary trans- same meanings as such terms have in section using direct labor hours and associated cost fers after determining an equitable alloca- 506 of the Water Resources Development Act data collected from contractors’’; tion between the appropriate executive de- of 2000 (42 U.S.C. 1962d–22). (3) in subsection (e)(2)(B), by striking the partments and agencies of the responsibility (2) GREAT LAKES RESTORATION ACTIVITIES.— text and inserting the following: ‘‘the con- for funding the continuous operation of the The term ‘‘Great Lakes restoration activi- tracts exclude to the maximum extent prac- Midway Atoll Airfield based on, but not lim- ties’’ means any Federal or State activity ticable functions that are closely associated ited to, potential use, interest in maintain- primarily or entirely within the Great Lakes with inherently governmental functions;’’; ing aviation safety, and applicability to gov- watershed that seeks to improve the overall and ernmental operations and agency mission. health of the Great Lakes ecosystem. (4) by redesignating subsections (h) and (i) The total funds transferred or reimbursed (b) REPORT.—Not later than 45 days after as subsections (i) and (j) and by inserting shall not exceed $6,000,000 for any 12-month submission of the budget of the President to after subsection (g) the following new sub- Congress, the Director of the Office of Man- period. Such sums shall be sufficient to en- section: sure continued operation of the airfield agement and Budget, in coordination with ‘‘(h) SUBMISSION OF REPORT ON ACTIONS the Governor of each Great Lakes State and throughout the period cited above. Funds TAKEN BEFORE PUBLIC-PRIVATE COMPETITION the Great Lakes Interagency Task Force, shall be available for operation of the air- MAY OCCUR.—An executive agency may not field or airfield-related capital upgrades. The shall submit to the appropriate authorizing begin, plan for, or announce a study or pub- Director of the Office of Management and and appropriating committees of the Senate lic-private competition regarding the con- Budget shall notify the Committees on Ap- and the House of Representatives a financial version to contractor performance of any propriations of the House of Representatives report, certified by the Secretary of each function performed by Federal employees agency that has budget authority for Great and the Senate of such transfers or reim- pursuant to Office of Management and Budg- Lakes restoration activities, containing— bursements within 15 days of this Act. Such et Circular A–76 or any other administrative (1) an interagency budget crosscut report transfers or reimbursements shall begin regulation or directive until after that agen- that— within 30 days of enactment of this Act. cy has submitted to the Office of Manage- (A) displays the budget proposed, including SEC. 734. None of the funds appropriated or ment and Budget a report, pursuant to sub- any planned interagency or intra-agency otherwise made available by this or any section (f), that includes actions taken to transfer, for each of the Federal agencies other Act may be used to begin or announce convert from contractor to Federal employee that carries out Great Lakes restoration ac- a study or public-private competition re- performance functions that are not inher- tivities in the upcoming fiscal year, sepa- garding the conversion to contractor per- ently governmental, closely associated with rately reporting the amount of funding to be formance of any function performed by Fed- governmental functions, critical, or should eral employees pursuant to Office of Manage- provided under existing laws pertaining to not otherwise be reserved for performance by ment and Budget Circular A–76 or any other the Great Lakes ecosystem; and Federal employees. This subsection shall administrative regulation, directive, or pol- (B) identifies all expenditures since fiscal take effect beginning with the report re- icy. year 2004 by the Federal Government and quired under subsection (f) that is included SEC. 735. Unless otherwise authorized by State governments for Great Lakes restora- as an attachment to the annual inventory existing law, none of the funds provided in tion activities; due by December 31, 2011.’’. this Act or any other Act may be used by an (2) a detailed accounting of all funds re- SEC. 742. The Office of Management and executive branch agency to produce any pre- ceived and obligated by all Federal agencies Budget shall issue guidance, consistent with packaged news story intended for broadcast and, to the extent available, State agencies section 735 of division D of the Omnibus Ap- or distribution in the United States, unless using Federal funds, for Great Lakes restora- propriations Act, 2009, Public Law 111–8, and the story includes a clear notification within tion activities during the current and pre- section 739(a)(1) of division D of the Consoli- the text or audio of the prepackaged news vious fiscal years; dated Appropriations Act, 2008 (Public Law story that the prepackaged news story was (3) a budget for the proposed projects (in- 110–161), and section 327 of the 2008 National prepared or funded by that executive branch cluding a description of the project, author- Defense Authorization Act (Public Law 110– agency. ization level, and project status) to be car- 181), to prohibit the use of direct conversions SEC. 736. None of the funds made available ried out in the upcoming fiscal year with the to contract out, in whole or in part, activi- in this Act may be used in contravention of Federal portion of funds for activities; and ties or functions last performed by any num- section 552a of title 5, United States Code (4) a listing of all projects to be under- ber of Federal employees by an executive (popularly known as the Privacy Act) and taken in the upcoming fiscal year with the agency without first conducting a public-pri- regulations implementing that section. Federal portion of funds for activities. vate competition. Such guidance shall en- SEC. 737. Each executive department and SEC. 739. (a) IN GENERAL.—None of the sure that— agency shall evaluate the creditworthiness funds appropriated or otherwise made avail- (1) activities or functions performed by an of an individual before issuing the individual able by this or any other Act may be used for executive agency and are reengineered, reor- a government travel charge card. Such eval- any Federal Government contract with any ganized, modernized, upgraded, expanded, or uations for individually billed travel charge foreign incorporated entity which is treated changed to become more efficient, but still cards shall include an assessment of the indi- as an inverted domestic corporation under essentially providing the same service, shall vidual’s consumer report from a consumer section 835(b) of the Homeland Security Act not be contacted out without first con- reporting agency as those terms are defined of 2002 (6 U.S.C. 395(b)) or any subsidiary of ducting a public-private conpetition; in section 603 of the Fair Credit Reporting such an entity. (2) activities or functions performed by (b) WAIVERS.— Act (Public Law 91–508): Provided, That the Federal employees for an executive agency (1) IN GENERAL.—Any Secretary shall waive department or agency may not issue a gov- may not be modified, reorganized, divided, or subsection (a) with respect to any Federal ernment travel charge card to an individual in any way changed for the purpose of ex- Government contract under the authority of that either lacks a credit history or is found empting the conversion of the activities or such Secretary if the Secretary determines to have an unsatisfactory credit history as a functions from the prohibition against the that the waiver is required in the interest of result of this evaluation: Provided further, use of direct conversions; and national security. That this restriction shall not preclude (3) activities or functions performed by (2) REPORT TO CONGRESS.—Any Secretary issuance of a restricted-use charge, debit, or Federal employees for an executive agency issuing a waiver under paragraph (1) shall restored value card made in accordance with who have retired or been reassigned to per- port such issuance to Congress. agency procedures to: (1) an individual with form other activities may not be converted (c) EXCEPTION.—This section shall not an unsatisfactory credit history where such apply to any Federal Government contract to contractor performance without first con- card is used to pay travel expenses and the entered into before the date of the enact- ducting a public-private competition. agency determines there is no suitable alter- ment of this Act, or to any task order issued SEC. 743. During fiscal year 2012, for each native payment mechanism available before pursuant to such contract. employee who— issuing the card; or (2) an individual who SEC. 740. None of the funds made available (1) retires under section 8336(d)(2) or lacks a credit history. Each executive de- by this or any other Act may be used to im- 8414(b)(1)(B) of title 5, United States Code, or partment and agency shall establish guide- plement, administer, enforce, or apply the (2) retires under any other provision of lines and procedures for disciplinary actions rule entitled ‘‘Competitive Area’’ published subchapter III of chapter 83 or chapter 84 of to be taken against agency personnel for im- by the Office of Personnel Management in such title 5 and receives a payment as an in- proper, fraudulent, or abusive use of govern- the Federal Register on April 15, 2008 (73 Fed. centive to separate, the separating agency ment charge cards, which shall include ap- Reg. 20180 et seq.). shall remit to the Civil Service Retirement propriate disciplinary actions for use of SEC. 741. Section 743 of the Consolidated and Disability Fund an amount equal to the charge cards for purposes, and at establish- Appropriations Act, 2010 (Public Law 111–117; Office of Personnel Management’s average ments, that are inconsistent with the official 31 U.S.C. 501 note) is amended— unit cost of processing a retirement claim

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7539 for the preceding fiscal year. Such amounts the payment of dues of organizations con- (1) an officer or employee of the Metropoli- shall be available until expended to the Of- cerned with the work of the District of Co- tan Police Department who resides in the fice of Personnel Management and shall be lumbia government, when authorized by the District of Columbia or a District of Colum- deemed to be an administrative expense Mayor, or, in the case of the Council of the bia government employee as may otherwise under section 8348(a)(1)(B) of title 5, United District of Columbia, funds may be expended be designated by the Chief of the Depart- States Code. with the authorization of the Chairman of ment; SEC. 744. (a) DEFINITIONS.—In this section— the Council. (2) at the discretion of the Fire Chief, an (1) the term ‘‘agency’’— SEC. 803. There are appropriated from the officer or employee of the District of Colum- (A) means an Executive agency as defined applicable funds of the District of Columbia bia Fire and Emergency Medical Services under section 105 of title 5, United States such sums as may be necessary for making Department who resides in the District of Code; and refunds and for the payment of legal settle- Columbia and is on call 24 hours a day or is (B) does not apply to the Department of ments or judgments that have been entered otherwise designated by the Fire Chief; Defense; and against the District of Columbia govern- (3) at the discretion of the Director of the (2) the term ‘‘Federal employee’’ means an ment. Department of Corrections, an officer or em- SEC. 804. (a) None of the Federal funds pro- employee as defined under section 2105 of ployee of the District of Columbia Depart- vided in this Act shall be used for publicity title 5, United States Code. ment of Corrections who resides in the Dis- or propaganda purposes or implementation (b) PROHIBITION OF CERTAIN PERSONNEL trict of Columbia and is on call 24 hours a of any policy including boycott designed to MANAGEMENT LIMITATIONS.— day or is otherwise designated by the Direc- support or defeat legislation pending before (1) IN GENERAL.—Federal employees in each tor; Congress or any State legislature. agency shall be managed each fiscal year (4) the Mayor of the District of Columbia; solely on the basis of, and consistent with— (b) The District of Columbia may use local funds provided in this title to carry out lob- and (A) the workload required to carry out the (5) the Chairman of the Council of the Dis- functions and activities of that agency; and bying activities on any matter. SEC. 805. (a) None of the Federal funds pro- trict of Columbia. (B) the funds made available to that agen- SEC. 809. (a) None of the Federal funds con- cy for that fiscal year. vided under this Act to the agencies funded by this Act, both Federal and District gov- tained in this Act may be used by the Dis- (2) PROHIBITION ON LIMITATIONS.—Notwith- ernment agencies, that remain available for trict of Columbia Attorney General or any standing any other provision of law— obligation or expenditure in fiscal year 2012, other officer or entity of the District govern- (A) the management of Federal employees or provided from any accounts in the Treas- ment to provide assistance for any petition in any fiscal year shall not be subject to any ury of the United States derived by the col- drive or civil action which seeks to require limitation in terms of work years, full-time lection of fees available to the agencies fund- Congress to provide for voting representa- equivalent positions, or maximum number of ed by this Act, shall be available for obligation in Congress for the District of Colum- Federal employees; and tion or expenditures for an agency through a bia. (B) an agency may not be required to make (b) Nothing in this section bars the Dis- reprogramming of funds which— a reduction in the number of full-time equiv- trict of Columbia Attorney General from re- (1) creates new programs; alent positions, unless that reduction is— viewing or commenting on briefs in private (2) eliminates a program, project, or re- (i) necessary due to a reduction in funds lawsuits, or from consulting with officials of sponsibility center; available to the agency; or the District government regarding such law- (3) establishes or changes allocations spe- (ii) required under a statute that— suits. cifically denied, limited or increased under (I) is enacted after the date of enactment SEC. 810. None of the Federal funds con- this Act; of this Act; and tained in this Act may be used to distribute (4) increases funds or personnel by any (II) specifically refers to this section. any needle or syringe for the purpose of pre- means for any program, project, or responsi- (c) EMPLOYEE NUMBERS, SKILLS, AND QUALI- venting the spread of blood borne pathogens bility center for which funds have been de- FICATIONS.—In each fiscal year, the head of in any location that has been determined by each agency shall ensure that there are em- nied or restricted; the local public health or local law enforce- ployed during that fiscal year Federal em- (5) re-establishes any program or project ment authorities to be inappropriate for ployees in the number and with the combina- previously deferred through reprogramming; such distribution. tion of skills and qualifications that are nec- (6) augments any existing program, SEC. 811. Nothing in this Act may be con- essary to carry out the functions within the project, or responsibility center through a strued to prevent the Council or Mayor of applicable budget activity for which funds reprogramming of funds in excess of the District of Columbia from addressing the are provided for that fiscal year. $3,000,000 or 10 percent, whichever is less; or issue of the provision of contraceptive cov- (d) REPORTS.— (7) increases by 20 percent or more per- erage by health insurance plans, but it is the (1) IN GENERAL.—Not later than February 1 sonnel assigned to a specific program, intent of Congress that any legislation en- of each year, the Director of the Office of project or responsibility center, acted on such issue should include a ‘‘con- Management and Budget shall submit to the unless the Committees on Appropriations of science clause’’ which provides exceptions Committees on Appropriations of the Senate the House of Representatives and the Senate for religious beliefs and moral convictions. and the House of Representatives a report on are notified in writing 15 days in advance of SEC. 812. Hereafter, as part of the submis- the management of the Federal workforce. the reprogramming. sion of the annual budget justification, the (b) The District of Columbia government is (2) CONTENTS.—Each report submitted Mayor of the District of Columbia shall sub- under this subsection shall include a state- authorized to approve and execute remit to the Committees on Appropriations of ment by the Director of the Office of Man- programming and transfer requests of local the House of Representatives and the Senate, agement and Budget with respect to the pre- funds under this title through November 1, the Committee on Oversight and Govern- ceding fiscal year— 2012. ment Reform of the House of Representa- SEC. 806. Consistent with the provisions of (A) on the compliance of agencies (includ- tives, and the Committee on Homeland Secu- section 1301(a) of title 31, United States ing the Office of Management and Budget) rity and Governmental Affairs of the Senate Code, appropriations under this Act shall be a report addressing— with subsections (b) and (c); and applied only to the objects for which the ap- (1) crime, including the homicide rate, im- (B) that identifies any agency that was not propriations were made except as otherwise in compliance with subsections (b) and (c). provided by law. plementation of community policing, and (e) EFFECTIVE DATE.—This section shall SEC. 807. None of the Federal funds pro- the number of police officers on local beats; apply to fiscal year 2012 and each fiscal year vided in this Act may be used by the District (2) access to substance and alcohol abuse thereafter. of Columbia to provide for salaries, expenses, treatment, including the number of treat- SEC. 745. Except as expressly provided oth- or other costs associated with the offices of ment slots, the number of people served, the erwise, any reference to ‘‘this Act’’ con- United States Senator or United States Rep- number of people on waiting lists, and the ef- tained in any title other than title IV or VIII fectiveness of treatment programs, the re- shall not apply to such title IV or VIII. resentative under section 4(d) of the District of Columbia Statehood Constitutional Con- tention rates in treatment programs, and the TITLE VIII vention Initiatives of 1979 (D.C. Law 3–171; recidivism/re-arrest rates for treatment par- GENERAL PROVISIONS—DISTRICT OF D.C. Official Code, sec. 1–123). ticipants; COLUMBIA SEC. 808. Except as otherwise provided in (3) education, including access to special (INCLUDING TRANSFER OF FUNDS) this section, none of the funds made avail- education services and student achievement SEC. 801. Whenever in this Act, an amount able by this Act or by any other Act may be to be provided in consultation with the Dis- is specified within an appropriation for par- used to provide any officer or employee of trict of Columbia Public Schools, repeated ticular purposes or objects of expenditure, the District of Columbia with an official ve- grade rates, high school graduation rates, such amount, unless otherwise specified, hicle unless the officer or employee uses the and post-secondary education attendance shall be considered as the maximum amount vehicle only in the performance of the offi- rates; that may be expended for said purpose or ob- cer’s or employee’s official duties. For pur- (4) improvement in basic District services, ject rather than an amount set apart exclu- poses of this section, the term ‘‘official du- including rat control and abatement; and sively therefor. ties’’ does not include travel between the of- (5) application for and management of Fed- SEC. 802. Appropriations in this Act shall ficer’s or employee’s residence and work- eral grants, including the number and type be available for expenses of travel and for place, except in the case of— of grants for which the District was eligible

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7540 CONGRESSIONAL RECORD — SENATE November 15, 2011 but failed to apply and the number and type (3) in subsection (a), by striking ‘‘States.’’ from the reserve authorized by that section, of grants awarded to the District but for and inserting ‘‘States every five years.’’; and to be used for the purposes set out in that which the District failed to spend the (4) in subsection (b)(6), by striking ‘‘2’’ and section; amounts received. inserting ‘‘5’’. (B) as authorized by section 810 of the SEC. 813. None of the Federal funds con- SEC. 820. Except as expressly provided oth- United States Information and Educational tained in this Act may be used to enact or erwise, any reference to ‘‘this Act’’ con- Exchange Act, not to exceed $5,000,000, to re- carry out any law, rule, or regulation to le- tained in this title or in title IV shall be main available until expended, may be cred- galize or otherwise reduce penalties associ- treated as referring only to the provisions of ited to this appropriation from fees or other ated with the possession, use, or distribution this title or of title IV. payments received from English teaching, li- of any schedule I substance under the Con- This Act may be cited as the ‘‘Financial brary, motion pictures, and publication pro- trolled Substances Act (21 U.S.C. 801 et seq.) Services and General Government Appropria- grams and from fees from educational advis- or any tetrahydrocannabinols derivative. tions Act, 2012’’. ing and counseling and exchange visitor pro- SEC. 814. None of the Federal funds appro- DIVISION C—DEPARTMENT OF STATE, grams; and priated under this Act shall be expended for (C) not to exceed $15,000, which shall be de- any abortion except where the life of the FOREIGN OPERATIONS, AND RELATED PROGRAMS rived from reimbursements, surcharges and mother would be endangered if the fetus fees for use of Blair House facilities. That the following sums are appropriated, were carried to term or where the pregnancy (6) TRANSFER, REPROGRAMMING, AND SPEND- is the result of an act of rape or incest. out of any money in the Treasury not other- ING PLAN.— SEC. 815. (a) No later than 30 calendar days wise appropriated, for the Department of (A) Notwithstanding any provision of this after the date of the enactment of this Act, State, foreign operations, and related pro- Act, funds may be reprogrammed within and the Chief Financial Officer for the District of grams for the fiscal year ending September between subsections under this heading sub- Columbia shall submit to the appropriate 30, 2012, and for other purposes, namely: ject to section 7015 of this Act. committees of Congress, the Mayor, and the TITLE I (B) Of the amount made available under Council of the District of Columbia, a re- DEPARTMENT OF STATE AND RELATED this heading, not to exceed $10,000,000 may be vised appropriated funds operating budget in transferred to, and merged with, funds made the format of the budget that the District of AGENCY Columbia government submitted pursuant to DEPARTMENT OF STATE available by this Act under the heading ‘‘Emergencies in the Diplomatic and Con- section 442 of the District of Columbia Home ADMINISTRATION OF FOREIGN AFFAIRS sular Service’’, to be available only for emer- Rule Act (D.C. Official Code, sec. 1–204.42), DIPLOMATIC AND CONSULAR PROGRAMS for all agencies of the District of Columbia gency evacuations and rewards, as author- government for fiscal year 2012 that is in the (INCLUDING TRANSFER OF FUNDS) ized. total amount of the approved appropriation For necessary expenses of the Department (C) Funds appropriated under this heading and that realigns all budgeted data for per- of State and the Foreign Service not other- are available for acquisition by exchange or sonal services and other-than-personal serv- wise provided for, $6,877,500,000, of which purchase of passenger motor vehicles as au- ices, respectively, with anticipated actual $1,400,000,000 is for Worldwide Security Pro- thorized by law and, pursuant to 31 U.S.C. expenditures. tection (to remain available until expended): 1108(g), for the field examination of programs (b) This section shall apply only to an Provided, That funds made available under and activities in the United States funded agency for which the Chief Financial Officer this heading shall be allocated as follows: from any account contained in this title. for the District of Columbia certifies that a (1) HUMAN RESOURCES.—For necessary ex- CAPITAL INVESTMENT FUND reallocation is required to address unantici- penses for training, human resources man- For necessary expenses of the Capital In- pated changes in program requirements. agement, and salaries, including employ- vestment Fund, $69,915,000, to remain avail- SEC. 816. No later than 30 calendar days ment without regard to civil service and able until expended, as authorized: Provided, after the date of the enactment of this Act, classification laws of persons on a temporary That section 135(e) of Public Law 103–236 the Chief Financial Officer for the District of basis (not to exceed $700,000), as authorized shall not apply to funds available under this Columbia shall submit to the appropriate by section 801 of the United States Informa- heading. committees of Congress, the Mayor, and the tion and Educational Exchange Act of 1948, OFFICE OF INSPECTOR GENERAL Council for the District of Columbia, a re- $2,387,854,000, to remain available until Sep- For necessary expenses of the Office of In- vised appropriated funds operating budget tember 30, 2013, of which not less than spector General, $61,904,000, notwithstanding for the District of Columbia Public Schools $134,700,000 shall be available only for public section 209(a)(1) of the Foreign Service Act that aligns schools budgets to actual enroll- diplomacy American salaries, and $205,900,000 of 1980 (Public Law 96–465), as it relates to ment. The revised appropriated funds budget is for Worldwide Security Protection and post inspections. shall be in the format of the budget that the shall remain available until expended. District of Columbia government submitted (2) OVERSEAS PROGRAMS.—For necessary EDUCATIONAL AND CULTURAL EXCHANGE pursuant to section 442 of the District of Co- expenses for the regional bureaus of the De- PROGRAMS lumbia Home Rule Act (D.C. Official Code, partment of State and overseas activities as For expenses of educational and cultural Sec. 1–204.42). authorized by law, $2,124,646,000, to remain exchange programs, as authorized, SEC. 817. Amounts appropriated in this Act available until September 30, 2013, of which $612,000,000, to remain available until ex- as operating funds may be transferred to the not less than $360,602,000 shall be available pended: Provided, That not to exceed District of Columbia’s enterprise and capital only for public diplomacy international in- $5,000,000, to remain available until ex- funds and such amounts, once transferred, formation programs. pended, may be credited to this appropria- shall retain appropriation authority con- (3) DIPLOMATIC POLICY AND SUPPORT.—For tion from fees or other payments received sistent with the provisions of this Act. necessary expenses for the functional bu- from or in connection with English teaching, SEC. 818. Notwithstanding any other laws, educational advising and counseling pro- for this and succeeding fiscal years, the Di- reaus of the Department of State including grams, and exchange visitor programs as au- rector of the District of Columbia Public De- representation to certain international orga- thorized. fender Service shall, to the extent the Direc- nizations in which the United States partici- tor considers appropriate, provide represen- pates pursuant to treaties ratified pursuant REPRESENTATION ALLOWANCES tation for and hold harmless, or provide li- to the advice and consent of the Senate or For representation allowances as author- ability insurance for, any person who is an specific Acts of Congress, general adminis- ized, $7,300,000. tration, and arms control, nonproliferation employee, member of the Board of Trustees, PROTECTION OF FOREIGN MISSIONS AND and disarmament activities as authorized, or officer of the District of Columbia Public OFFICIALS Defender Service for money damages arising $865,000,000, to remain available until Sep- tember 30, 2013. For expenses, not otherwise provided, to out of any claim, proceeding, or case at law enable the Secretary of State to provide for (4) SECURITY PROGRAMS.—For necessary ex- relating to the furnishing of representational extraordinary protective services, as author- services or management services or related penses for security activities, $1,500,000,000, to remain available until September 30, 2013, ized, $27,744,000, to remain available until services while acting within the scope of September 30, 2013. that person’s office or employment, includ- of which $1,194,100,000 is for Worldwide Secu- ing, but not limited to such claims, pro- rity Protection and shall remain available EMBASSY SECURITY, CONSTRUCTION, AND ceedings, or cases at law involving employ- until expended. MAINTENANCE ment actions, injury, loss of liberty, prop- (5) FEES AND PAYMENTS COLLECTED.—In ad- For necessary expenses for carrying out erty damage, loss of property, or personal in- dition to amounts otherwise made available the Foreign Service Buildings Act of 1926 (22 jury, or death arising from malpractice or under this heading— U.S.C. 292–303), preserving, maintaining, re- negligence of any such officer or employee. (A) not to exceed $1,753,991 shall be derived pairing, and planning for buildings that are SEC. 819. Section 346 of the District of Co- from fees collected from other executive owned or directly leased by the Department lumbia Appropriations Act, 2005 (Public Law agencies for lease or use of facilities located of State, renovating, in addition to funds 108–335) is amended— at the International Center in accordance otherwise available, the Harry S Truman (1) in the title, by striking ‘‘BIENNIAL’’; with section 4 of the International Center Building, and carrying out the Diplomatic (2) in subsection (a), by striking ‘‘Biennial Act, and, in addition, as authorized by sec- Security Construction Program as author- management’’ and inserting ‘‘Management’’; tion 5 of such Act, $520,150, to be derived ized, $795,000,000, to remain available until

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7541 expended as authorized, of which not to ex- shall be directed toward activities that are to remain available until expended, as au- ceed $25,000 may be used for domestic and mutually agreed upon by the United States thorized. overseas representation as authorized: Pro- and the respective international organiza- AMERICAN SECTIONS, INTERNATIONAL vided, That none of the funds appropriated in tion: Provided further, That none of the funds COMMISSIONS this paragraph shall be available for acquisi- appropriated under this heading shall be For necessary expenses, not otherwise pro- tion of furniture, furnishings, or generators available for a United States contribution to vided, for the International Joint Commis- an international organization for the United for other departments and agencies. sion and the International Boundary Com- States share of interest costs made known to In addition, for the costs of worldwide se- mission, United States and Canada, as au- the United States Government by such orga- curity upgrades, acquisition, and construc- thorized by treaties between the United nization for loans incurred on or after Octo- tion as authorized, $775,000,000, to remain States and Canada or Great Britain, and the ber 1, 1984, through external borrowings. available until expended: Provided, That not Border Environment Cooperation Commis- later than 45 days after enactment of this CONTRIBUTIONS FOR INTERNATIONAL sion as authorized by Public Law 103–182, Act, the Secretary of State shall submit to PEACEKEEPING ACTIVITIES $11,687,000: Provided, That of the amount pro- the Committees on Appropriations the pro- For necessary expenses to pay assessed and vided under this heading for the Inter- posed allocation of funds made available other expenses of international peacekeeping national Joint Commission, $9,000 may be under this heading and the actual and antici- activities directed to the maintenance or made available for representation expenses. pated proceeds of sales for all projects in fis- restoration of international peace and secu- INTERNATIONAL FISHERIES COMMISSIONS cal year 2012. rity, $1,900,000,000, of which 15 percent shall remain available until September 30, 2013: For necessary expenses for international EMERGENCIES IN THE DIPLOMATIC AND fisheries commissions, not otherwise pro- CONSULAR SERVICE Provided, That at least 15 days in advance of voting for a new or expanded mission in the vided for, as authorized by law, $36,300,000: (INCLUDING TRANSFER OF FUNDS) United Nations Security Council (or in an Provided, That the United States share of For necessary expenses to enable the Sec- emergency as far in advance as is prac- such expenses may be advanced to the re- retary of State to meet unforeseen emer- ticable): (1) the Committees on Appropria- spective commissions pursuant to 31 U.S.C. gencies arising in the Diplomatic and Con- tions shall be notified of the estimated cost 3324. sular Service, $9,300,000, to remain available and duration of the mission, the national in- RELATED AGENCY until expended as authorized, of which not to terest that will be served, the exit strategy, BROADCASTING BOARD OF GOVERNORS and that the United Nations has taken ap- exceed $1,000,000 may be transferred to, and INTERNATIONAL BROADCASTING OPERATIONS merged with, funds appropriated by this Act propriate measures to prevent United Na- For necessary expenses to enable the under the heading ‘‘Repatriation Loans Pro- tions employees, contractor personnel, and Broadcasting Board of Governors (BBG), as gram Account’’, subject to the same terms peacekeeping forces serving in the mission authorized, to carry out international com- and conditions. from trafficking in persons, exploiting victims of trafficking, or committing acts of il- munication activities, and to make and su- REPATRIATION LOANS PROGRAM ACCOUNT legal sexual exploitation or other violations pervise grants for radio and television broad- (INCLUDING TRANSFER OF FUNDS) of human rights, and to hold accountable in- casting to the Middle East, $740,039,000: Pro- For the cost of direct loans, $1,447,000, as dividuals who engage in such acts while par- vided, That of the total amount in this head- authorized, of which $710,000 may be made ticipating in the peacekeeping mission, in- ing, not less than $2,500,000 shall be used to available for administrative expenses nec- cluding the prosecution in their home coun- expand unrestricted access to information on essary to carry out the direct loan program tries of such individuals in connection with the Internet through the development and and may be paid to ‘‘Diplomatic and Con- such acts; and (2) notification pursuant to use of circumvention and secure communica- sular Programs’’: Provided, That such costs, section 7015 of this Act is submitted, and the tion technologies: Provided further, That the including the cost of modifying such loans, procedures therein followed, setting forth BBG shall coordinate the use of such tech- shall be as defined in section 502 of the Con- the source of funds that will be used to pay nologies with the Secretary of State and the gressional Budget Act of 1974. for the cost of the new or expanded mission: Administrator of the United States Agency for International Development, as appro- PAYMENT TO THE AMERICAN INSTITUTE IN Provided further, That funds shall be avail- priate: Provided further, That the circumven- TAIWAN able for peacekeeping expenses unless the Secretary of State determines that Amer- tion technologies and programs supported by For necessary expenses to carry out the ican manufacturers and suppliers are not funds made available by this Act or Public Taiwan Relations Act (Public Law 96–8), being given opportunities to provide equip- Law 112–10 shall undergo a peer review, to in- $21,108,000. ment, services, and material for United Na- clude an assessment of protections against PAYMENT TO THE FOREIGN SERVICE tions peacekeeping activities equal to those such technologies being used for illicit pur- RETIREMENT AND DISABILITY FUND being given to foreign manufacturers and poses such as furthering the communications For payment to the Foreign Service Re- suppliers: Provided further, That the Sec- capabilities of extremist groups or their sup- tirement and Disability Fund, as authorized, retary of State shall work with the United porters: Provided further, That prior to obli- $158,900,000. Nations and governments contributing gation, the BBG shall submit to the Commit- peacekeeping troops to develop effective vet- tees on Appropriations a report detailing INTERNATIONAL ORGANIZATIONS ting procedures to ensure that troops have planned expenditures for funds made avail- CONTRIBUTIONS TO INTERNATIONAL not violated human rights: Provided further, able for such activities: Provided further, ORGANIZATIONS That notwithstanding any other provision of That not later than September 30, 2012, the For necessary expenses, not otherwise pro- law, credits to United States assessed con- BBG shall submit a report to the Commit- vided for, to meet annual obligations of tributions to United Nations peacekeeping tees on Appropriations listing programs sup- membership in international multilateral or- missions and to the United Nations Tax ported by the BBG to promote unrestricted ganizations, pursuant to treaties ratified Equalization Fund should be used to offset access to information through the Internet, pursuant to the advice and consent of the other assessed contributions to the United including an assessment of the results of Senate, conventions or specific Acts of Con- Nations, subject to the regular notification such programs: Provided further, That of the gress, $1,585,000,000: Provided, That the Sec- procedures of the Committees on Appropria- total amount appropriated under this head- retary of State shall, at the time of the sub- tions. ing, not to exceed $16,000 may be used for of- mission of the President’s budget to Con- INTERNATIONAL COMMISSIONS ficial receptions within the United States as gress under section 1105(a) of title 31, United For necessary expenses, not otherwise pro- authorized, not to exceed $35,000 may be used States Code, transmit to the Committees on vided for, to meet obligations of the United for representation abroad as authorized, and Appropriations the most recent biennial States arising under treaties, or specific not to exceed $39,000 may be used for official budget prepared by the United Nations for Acts of Congress, as follows: reception and representation expenses of the operations of the United Nations: Pro- INTERNATIONAL BOUNDARY AND WATER Radio Free Europe/Radio Liberty: Provided vided further, That the Secretary of State COMMISSION, UNITED STATES AND MEXICO further, That the authority provided by sec- shall notify the Committees on Appropria- tion 504(c) of the Foreign Relations Author- For necessary expenses for the United tions of any United Nations action to in- ization Act, Fiscal Year 2003 (Public Law States Section of the International Bound- crease funding for any United Nations pro- 107–228; 22 U.S.C. 6206 note) shall remain in ary and Water Commission, United States gram without identifying an offsetting de- effect through September 30, 2012: Provided and Mexico, and to comply with laws appli- crease elsewhere in the United Nations budg- further, That the BBG shall notify the Com- cable to the United States Section, including et: Provided further, That notwithstanding not to exceed $6,000 for representation; as mittees on Appropriations within 15 days of any other provision of law, credits to United follows: any determination by the Board that any of States assessed contributions to the United its broadcast entities, including its grantee Nations Tax Equalization Fund should be SALARIES AND EXPENSES organizations, provides an open platform for used to offset other assessed contributions to For salaries and expenses, not otherwise international terrorists or those who support the United Nations, subject to the regular provided for, $45,000,000. international terrorism, or is in violation of notification procedures of the Committees CONSTRUCTION the principles and standards set forth in the on Appropriations: Provided further, That any For detailed plan preparation and con- United States International Broadcasting payment of arrearages under this heading struction of authorized projects, $29,862,000, Act of 1994 (22 U.S.C. 6202(a) and (b)) or the

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7542 CONGRESSIONAL RECORD — SENATE November 15, 2011 entity’s journalistic code of ethics: Provided for Cultural and Technical Interchange Be- tinue in effect during fiscal year 2012 and further, That reductions and increases to tween East and West Act of 1960, by grant to shall apply as if part of this Act. BBG broadcast hours previously justified to the Center for Cultural and Technical Inter- TITLE II Congress, including changes to transmission change Between East and West in the State UNITED STATES AGENCY FOR platforms (shortwave, medium wave, sat- of Hawaii, $16,700,000: Provided, That none of INTERNATIONAL DEVELOPMENT ellite, and television), for all BBG language the funds appropriated herein shall be used services shall be subject to the regular noti- to pay any salary, or enter into any contract FUNDS APPROPRIATED TO THE PRESIDENT fication procedures of the Committees on providing for the payment thereof, in excess OPERATING EXPENSES Appropriations: Provided further, That in ad- of the rate authorized by 5 U.S.C. 5376. (INCLUDING TRANSFER OF FUNDS) dition to funds made available under this NATIONAL ENDOWMENT FOR DEMOCRACY For necessary expenses to carry out the heading, and notwithstanding any other pro- For grants made by the Department of provisions of section 667 of the Foreign As- vision of law, up to $2,000,000 in receipts from State to the National Endowment for De- sistance Act of 1961, $1,251,000,000, to remain advertising and revenue from business ven- mocracy, as authorized by the National En- available until September 30, 2013: Provided, tures, up to $500,000 in receipts from cooper- dowment for Democracy Act, $117,764,000, to That none of the funds appropriated under ating international organizations, and up to remain available until expended, of which this heading and under the heading ‘‘Capital $1,000,000 in receipts from privatization ef- $100,000,000 shall be allocated in the tradi- Investment Fund’’ in this title may be made forts of the Voice of America and the Inter- tional and customary manner, including for available to finance the construction (in- national Broadcasting Bureau, to remain the core institutes, and $25,000,000 shall be cluding architect and engineering services), available until expended for carrying out au- for democracy, human rights, and rule of law purchase, or long-term lease of offices for thorized purposes. programs: Provided, That the President of use by the United States Agency for Inter- BROADCASTING CAPITAL IMPROVEMENTS the National Endowment for Democracy national Development (USAID), unless the For the purchase, rent, construction, and shall submit to the Committees on Appro- USAID Administrator has identified such improvement of facilities for radio and tele- priations not later than 45 days after the proposed use of funds in a report submitted vision transmission and reception, and pur- date of enactment of this Act a report on the to the Committees on Appropriations at chase and installation of necessary equip- proposed uses of funds under this heading on least 15 days prior to the obligation of funds ment for radio and television transmission a regional and country basis. for such purposes: Provided further, That con- and reception, including to Cuba, as author- OTHER COMMISSIONS tracts or agreements entered into with funds ized, $9,361,000, to remain available until ex- appropriated under this heading may entail pended, as authorized. COMMISSION FOR THE PRESERVATION OF commitments for the expenditure of such AMERICA’S HERITAGE ABROAD RELATED PROGRAMS funds through the following fiscal year: Pro- SALARIES AND EXPENSES THE ASIA FOUNDATION vided further, That any decision to open a For a grant to The Asia Foundation, as au- For necessary expenses for the Commission new USAID mission, bureau, center, or office thorized by The Asia Foundation Act (22 for the Preservation of America’s Heritage or, except where there is a substantial secu- U.S.C. 4402), $17,000,000, to remain available Abroad, $656,000, as authorized by section rity risk to mission personnel, to close or until expended, as authorized. 1303 of Public Law 99–83. significantly reduce the number of personnel of any such mission or office, shall be subject UNITED STATES INSTITUTE OF PEACE UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM to the regular notification procedures of the For necessary expenses of the United Committees on Appropriations: Provided fur- SALARIES AND EXPENSES States Institute of Peace, as authorized by ther, That the authority of sections 610 and the United States Institute of Peace Act, For necessary expenses for the United 109 of the Foreign Assistance Act of 1961 may $31,589,000, to remain available until Sep- States Commission on International Reli- be exercised by the Secretary of State to tember 30, 2012, which shall not be used for gious Freedom, as authorized by title II of transfer funds appropriated to carry out construction activities. the International Religious Freedom Act of chapter 1 of part I of such Act to ‘‘Operating CENTER FOR MIDDLE EASTERN-WESTERN 1998 (Public Law 105–292), $4,291,000, to re- Expenses’’ in accordance with the provisions DIALOGUE TRUST FUND main available until September 30, 2013: Pro- of those sections: Provided further, That any For necessary expenses of the Center for vided, That notwithstanding the expenditure reprogramming of funds in excess of Middle Eastern-Western Dialogue Trust limitation specified in section 208(c)(1) of $1,000,000 or 10 percent, whichever is less, to Fund, as authorized by section 633 of the De- such Act (22 U.S.C. 6435a(c)(1)), the Commis- the cost categories in the table included partments of Commerce, Justice, and State, sion may expend up to $250,000 of the funds under this heading in the report accom- the Judiciary, and Related Agencies Appro- made available under this heading to procure panying this Act for funds appropriated priations Act, 2004 (22 U.S.C. 2078), the total temporary and intermittent services under under this heading, shall be subject to the amount of the interest and earnings accruing the authority of section 3109(b) of title 5, regular notification procedures of the Com- to such Fund on or before September 30, 2012, United States Code. mittees on Appropriations: Provided further, to remain available until expended. COMMISSION ON SECURITY AND COOPERATION IN That of the funds appropriated or made EISENHOWER EXCHANGE FELLOWSHIP PROGRAM EUROPE available under this heading, not to exceed For necessary expenses of Eisenhower Ex- SALARIES AND EXPENSES $250,000 may be available for representation and entertainment allowances, of which not change Fellowships, Incorporated, as author- For necessary expenses of the Commission to exceed $5,000 may be available for enter- ized by sections 4 and 5 of the Eisenhower on Security and Cooperation in Europe, as tainment allowances, for USAID during the Exchange Fellowship Act of 1990 (20 U.S.C. authorized by Public Law 94–304, $2,715,000, to current fiscal year: Provided further, That no 5204–5205), all interest and earnings accruing remain available until September 30, 2013. to the Eisenhower Exchange Fellowship Pro- such entertainment funds may be used for CONGRESSIONAL-EXECUTIVE COMMISSION ON gram Trust Fund on or before September 30, the purposes listed in section 7020 of this THE PEOPLE’S REPUBLIC OF CHINA 2012, to remain available until expended: Pro- Act: Provided further, That appropriate steps vided, That none of the funds appropriated SALARIES AND EXPENSES shall be taken to assure that, to the max- herein shall be used to pay any salary or For necessary expenses of the Congres- imum extent possible, United States-owned other compensation, or to enter into any sional-Executive Commission on the People’s foreign currencies are utilized in lieu of dol- contract providing for the payment thereof, Republic of China, as authorized by title III lars. in excess of the rate authorized by 5 U.S.C. of the U.S.-China Relations Act of 2000 (22 CAPITAL INVESTMENT FUND 5376; or for purposes which are not in accord- U.S.C. 6911–6919), $1,996,000, including not For necessary expenses for overseas con- ance with OMB Circulars A–110 (Uniform Ad- more than $3,000 for the purpose of official struction and related costs, and for the pro- ministrative Requirements) and A–122 (Cost representation, to remain available until curement and enhancement of information Principles for Non-profit Organizations), in- September 30, 2013. technology and related capital investments, cluding the restrictions on compensation for UNITED STATES-CHINA ECONOMIC AND pursuant to section 667 of the Foreign Assist- personal services. SECURITY REVIEW COMMISSION ance Act of 1961, $137,000,000, to remain avail- ISRAELI ARAB SCHOLARSHIP PROGRAM SALARIES AND EXPENSES able until expended: Provided, That this amount is in addition to funds otherwise For necessary expenses of the Israeli Arab For necessary expenses of the United available for such purposes: Provided further, Scholarship Program, as authorized by sec- States-China Economic and Security Review That funds appropriated under this heading tion 214 of the Foreign Relations Authoriza- Commission, as authorized by section 1238 of shall be available for obligation only pursu- tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. the Floyd D. Spence National Defense Au- ant to the regular notification procedures of 2452), all interest and earnings accruing to thorization Act for Fiscal Year 2001 (22 the Committees on Appropriations. the Israeli Arab Scholarship Fund on or be- U.S.C. 7002), $3,493,000, including not more fore September 30, 2012, to remain available than $4,000 for the purpose of official rep- OFFICE OF INSPECTOR GENERAL until expended. resentation, to remain available until Sep- For necessary expenses to carry out the EAST-WEST CENTER tember 30, 2013: Provided, That the second provisions of section 667 of the Foreign As- To enable the Secretary of State to provide through sixth provisos under this heading in sistance Act of 1961, $49,000,000, to remain for carrying out the provisions of the Center division F of Public Law 111–117 shall con- available until September 30, 2013, which

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7543 sum shall be available for the Office of In- mation provided about the use of condoms as velopment shall submit a report to the Com- spector General of the United States Agency part of projects or activities that are funded mittees on Appropriations at least 5 days for International Development. from amounts appropriated by this Act shall prior to beginning a new program of assist- TITLE III be medically accurate and shall include the ance: Provided further, That if the Secretary of State determines that it is important to BILATERAL ECONOMIC ASSISTANCE public health benefits and failure rates of such use. the national interests of the United States FUNDS APPROPRIATED TO THE PRESIDENT In addition, for necessary expenses to to provide transition assistance in excess of For necessary expenses to enable the Presi- carry out the provisions of the Foreign As- the amount appropriated under this heading, dent to carry out the provisions of the For- sistance Act of 1961 for the prevention, treat- up to $15,000,000 of the funds appropriated by eign Assistance Act of 1961, and for other ment, and control of, and research on, HIV/ this Act to carry out the provisions of part purposes, to remain available until Sep- AIDS, $5,250,000,000, to remain available until I of the Foreign Assistance Act of 1961 may tember 30, 2012, unless otherwise specified September 30, 2015, which shall be appor- be used for purposes of this heading and herein, as follows: tioned directly to the Department of State: under the authorities applicable to funds ap- GLOBAL HEALTH PROGRAMS Provided, That of the funds appropriated propriated under this heading: Provided further, That funds made available pursuant to (INCLUDING TRANSFER OF FUNDS) under this paragraph, not less than the previous proviso shall be made available For necessary expenses to carry out the $750,000,000 shall be made available, notwithstanding any other provision of law, except subject to prior consultation with the Com- provisions of chapters 1 and 10 of part I of mittees on Appropriations. the Foreign Assistance Act of 1961, for global for the United States Leadership Against COMPLEX CRISES FUND health activities, in addition to funds other- HIV/AIDS, Tuberculosis and Malaria Act of wise available for such purposes, 2003 (Public Law 108–25), as amended, for a For necessary expenses to carry out the $2,657,500,000, to remain available until Sep- United States contribution to the Global provisions of the Foreign Assistance Act of tember 30, 2013, and which shall be appor- Fund to Fight AIDS, Tuberculosis and Ma- 1961 to enable the Administrator of the United States Agency for International De- tioned directly to the United States Agency laria (Global Fund), and shall be expended at velopment (USAID), with the concurrence of for International Development (USAID): Pro- the minimum rate necessary to make timely the Secretary of State, to support programs vided, That this amount shall be made avail- payment for projects and activities: Provided and activities to prevent or respond to able for training, equipment, and technical further, That up to 5 percent of the aggregate amount of funds made available to the Glob- emerging or unforeseen complex crises over- assistance to build the capacity of public seas, $30,000,000, to remain available until ex- health institutions and organizations in deal Fund in fiscal year 2012 may be made available to USAID for technical assistance pended: Provided, That the administrative veloping countries, and for such activities authorities of the Foreign Assistance Act of as: (1) child survival and maternal health related to the activities of the Global Fund: Provided further, That of the funds appro- 1961 shall be applicable to funds appropriated programs; (2) immunization and oral re- under this heading: Provided further, That hydration programs; (3) other health, nutri- priated under this paragraph, up to $14,250,000 may be made available, in addi- funds appropriated under this heading may tion, water and sanitation programs which be made available on such terms and condition to amounts otherwise available for such directly address the needs of mothers and tions as the USAID Administrator may de- purposes, for administrative expenses of the children, and related education programs; (4) termine, in consultation with the Commit- Office of the United States Global AIDS Co- assistance for children displaced or orphaned tees on Appropriations, for the purposes of ordinator. by causes other than AIDS; (5) programs for preventing or responding to such crises, ex- the prevention, treatment, control of, and DEVELOPMENT ASSISTANCE cept that no funds shall be made available to research on HIV/AIDS, tuberculosis, polio, For necessary expenses to carry out the respond to natural disasters: Provided fur- malaria, and other infectious diseases in- provisions of sections 103, 105, 106, 214, and ther, That funds appropriated under this cluding neglected tropical diseases, and for sections 251 through 255, and chapter 10 of heading shall be made available notwith- assistance to communities severely affected part I of the Foreign Assistance Act of 1961, standing section 10 of Public Law 91–672 and by HIV/AIDS, including children infected or $2,550,000,000, to remain available until Sep- section 15 of the State Department Basic Au- affected by AIDS; and (6) family planning/re- tember 30, 2013: Provided, That relevant bu- thorities Act of 1956: Provided further, That productive health: Provided further, That reaus and offices of the United States Agen- funds appropriated under this heading may funds appropriated under this paragraph cy for International Development (USAID) be made available notwithstanding any other shall be made available for a United States that support cross-cutting development pro- provision of law, except sections 7007, 7008, contribution to the GAVI Alliance: Provided grams shall coordinate such programs on a and 7018 of this Act: Provided further, That further, That none of the funds made avail- regular basis: Provided further, That funds funds appropriated under this heading shall able in this Act nor any unobligated bal- appropriated by this Act shall be made avail- be subject to the regular notification proce- ances from prior appropriations Acts may be able for water and sanitation supply projects dures of the Committees on Appropriations, made available to any organization or pro- pursuant to the Paul Simon Water for the except that such notifications shall be trans- gram which, as determined by the President Poor Act of 2005 (Public Law 109–121): Pro- mitted at least 5 days in advance of the obli- of the United States, supports or partici- vided further, That funds appropriated by this gation of funds. pates in the management of a program of co- Act for food security and agricultural devel- DEVELOPMENT CREDIT AUTHORITY ercive abortion or involuntary sterilization: opment programs may be made available (INCLUDING TRANSFER OF FUNDS) Provided further, That any determination notwithstanding any other provision of law For the cost of direct loans and loan guar- made under the previous proviso must be and shall be made available for a United antees provided by the United States Agency made no later than 6 months after enact- States contribution to the endowment of the for International Development, as authorized ment of this Act, and must be accompanied Global Crop Diversity Trust pursuant to sec- by sections 256 and 635 of the Foreign Assist- by the evidence and criteria utilized to make tion 3202 of Public Law 110–246: Provided fur- ance Act of 1961, up to $50,000,000 may be de- the determination: Provided further, That ther, That funds appropriated under this rived by transfer from funds appropriated by none of the funds made available under this heading shall be made available for programs this Act to carry out part I of such Act and Act may be used to pay for the performance to improve women’s leadership capacity in under the heading ‘‘Assistance for Europe, of abortion as a method of family planning recipient countries. Eurasia and Central Asia’’: Provided, That or to motivate or coerce any person to prac- INTERNATIONAL DISASTER ASSISTANCE funds provided under this paragraph and tice abortions: Provided further, That nothing For necessary expenses to carry out the funds provided as a gift pursuant to section in this paragraph shall be construed to alter provisions of section 491 of the Foreign As- 635(d) of the Foreign Assistance Act of 1961 any existing statutory prohibitions against sistance Act of 1961 for international disaster shall be made available only for micro and abortion under section 104 of the Foreign As- relief, rehabilitation, and reconstruction as- small enterprise programs, urban programs, sistance Act of 1961: Provided further, That sistance, $850,000,000, to remain available and other programs which further the pur- none of the funds made available under this until expended. poses of part I of such Act: Provided further, Act may be used to lobby for or against abor- That such costs, including the cost of modi- tion: Provided further, That the ninth and TRANSITION INITIATIVES fying such direct and guaranteed loans, shall tenth provisos under this heading in the Con- For necessary expenses for international be as defined in section 502 of the Congres- solidated Appropriations Act, 2010 (Public disaster rehabilitation and reconstruction sional Budget Act of 1974, as amended: Pro- Law 111–117) shall apply to funds appro- assistance pursuant to section 491 of the For- vided further, That funds made available by priated under this heading in this Act: Pro- eign Assistance Act of 1961, $55,000,000, to re- this paragraph may be used for the cost of vided further, That for purposes of this or any main available until expended, to support modifying any such guaranteed loans under other Act authorizing or appropriating funds transition to democracy and to long-term de- this Act or prior Acts, and funds used for for the Department of State, foreign oper- velopment of countries in crisis: Provided, such costs shall be subject to the regular no- ations, and related programs, the term ‘‘mo- That such support may include assistance to tification procedures of the Committees on tivate’’, as it relates to family planning as- develop, strengthen, or preserve democratic Appropriations: Provided further, That the sistance, shall not be construed to prohibit institutions and processes, revitalize basic provisions of section 107A(d) (relating to gen- the provision, consistent with local law, of infrastructure, and foster the peaceful reso- eral provisions applicable to the Develop- information or counseling about all preg- lution of conflict: Provided further, That the ment Credit Authority) of the Foreign As- nancy options: Provided further, That infor- United States Agency for International De- sistance Act of 1961, as contained in section

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306 of H.R. 1486 as reported by the House stitution building programs in Colombia: INDEPENDENT AGENCIES Committee on International Relations on Provided further, That of the funds appro- PEACE CORPS May 9, 1997, shall be applicable to direct priated under this heading that are available (INCLUDING TRANSFER OF FUNDS) loans and loan guarantees provided under for assistance for Colombia, not less than this heading, except that the principal $8,000,000 shall be transferred to, and merged For necessary expenses to carry out the amount of loans made or guaranteed under with, funds appropriated under the heading provisions of the Peace Corps Act (22 U.S.C. this heading with respect to any single coun- ‘‘Migration and Refugee Assistance’’ and 2501–2523), including the purchase of not to try or borrower shall not exceed $300,000,000: shall be made available only for assistance exceed five passenger motor vehicles for ad- Provided further, That these funds are avail- to nongovernmental and international orga- ministrative purposes for use outside of the able to subsidize total loan principal, any nizations that provide assistance to Colom- United States, $375,000,000, of which $5,000,000 portion of which is to be guaranteed, of up to bian refugees in neighboring countries: Pro- is for the Office of Inspector General, to re- $1,000,000,000. vided further, That of the funds appropriated main available until September 30, 2013: Pro- In addition, for administrative expenses to under this heading, $15,000,000 may be made vided, That the Director of the Peace Corps carry out credit programs administered by available for assistance for Cuba, including may transfer to the Foreign Currency Fluc- the United States Agency for International humanitarian and democracy assistance, tuations Account, as authorized by 22 U.S.C. Development, $8,300,000, which may be trans- support for economic reform, private sector 2515, an amount not to exceed $5,000,000: Pro- ferred to, and merged with, funds made initiatives, and human rights. vided further, That funds transferred pursu- available under the heading ‘‘Operating Ex- ant to the previous proviso may not be de- penses’’ in title II of this Act: Provided, That DEMOCRACY FUND rived from amounts made available for Peace Corps overseas operations: Provided further, funds made available under this heading For necessary expenses to carry out the shall remain available until September 30, That of the funds appropriated under this provisions of the Foreign Assistance Act of heading, not to exceed $4,000 may be made 2014. 1961 for the promotion of democracy glob- ECONOMIC SUPPORT FUND available for entertainment expenses: Pro- ally, $114,770,000, to remain available until vided further, That not later than 45 days (INCLUDING TRANSFER OF FUNDS) September 30, 2013, of which $70,910,000 shall after enactment of this Act, the Director For necessary expenses to carry out the be made available for the Human Rights and shall submit a spending plan to the Commit- provisions of chapter 4 of part II of the For- Democracy Fund of the Bureau of Democ- tees on Appropriations on the proposed uses eign Assistance Act of 1961, $4,378,560,000, to racy, Human Rights and Labor, Department of funds under this heading: Provided further, remain available until September 30, 2013: of State, and $43,860,000 shall be made avail- That none of the funds appropriated under Provided, That of the funds appropriated able for the Office of Democracy and Govern- this heading may be used to pay for abor- under this heading, up to $250,000,000 shall be ance of the Bureau for Democracy, Conflict, tions, except when the life of the mother available for assistance for Egypt, which and Humanitarian Assistance, United States would be endangered if the fetus were carried shall be for programs and activities (includ- Agency for International Development. to term, or the pregnancy is the result of an ing to implement sections 7039(a)(3) and (b) act of rape or incest. of this Act) to reduce poverty and create ASSISTANCE FOR EUROPE, EURASIA AND jobs, strengthen democracy, and protect CENTRAL ASIA MILLENNIUM CHALLENGE CORPORATION human rights, including not less than For necessary expenses to carry out the (INCLUDING TRANSFER OF FUNDS) $35,000,000 for education programs of which provisions of the Foreign Assistance Act of For necessary expenses to carry out the not less than $10,000,000 is for scholarships at 1961, the FREEDOM Support Act, and the provisions of the Millennium Challenge Act not-for-profit institutions for Egyptian stu- Support for East European Democracy of 2003, $898,200,000 to remain available until dents with high financial need: Provided fur- (SEED) Act of 1989, $626,718,000, to remain expended: Provided, That of the funds appro- ther, That funds appropriated under this available until September 30, 2013, which priated under this heading, up to $105,000,000 heading that are made available for assist- shall be available, notwithstanding any may be available for administrative expenses ance for Cyprus shall be used only for schol- other provision of law, for assistance and for of the Millennium Challenge Corporation arships, administrative support of the schol- related programs for countries identified in (the Corporation): Provided further, That up arship program, bicommunal projects, and section 3 of the FREEDOM Support Act and to 5 percent of the funds appropriated under measures aimed at reunification of the is- section 3(c) of the SEED Act: Provided, That this heading may be made available to carry land and designed to reduce tensions and funds appropriated under this heading shall out the purposes of section 616 of the Millen- promote peace and cooperation between the be considered to be economic assistance nium Challenge Act of 2003 for fiscal year two communities on Cyprus: Provided further, under the Foreign Assistance Act of 1961 for 2012: Provided further, That section 605(e)(4) That $12,000,000 of the funds made available purposes of making available the adminis- of the Millennium Challenge Act of 2003 shall for assistance for Lebanon under this head- trative authorities contained in that Act for apply to funds appropriated under this heading shall be for scholarships at not-for-profit the use of economic assistance: Provided fur- ing: Provided further, That funds appro- institutions for students in Lebanon with ther, That funds made available for the priated under this heading may be made high financial need: Provided further, That of Southern Caucasus region may be used for available for a Millennium Challenge Com- the funds appropriated under this heading, confidence-building measures and other ac- pact entered into pursuant to section 609 of not less than $360,000,000 shall be available tivities in furtherance of the peaceful resolu- the Millennium Challenge Act of 2003 only if for assistance for Jordan, including for pro- tion of conflicts, including in Nagorno- such Compact obligates, or contains a com- grams and activities to reduce poverty and Karabakh: Provided further, That of the funds mitment to obligate subject to the avail- create jobs, strengthen democracy, and pro- appropriated under this heading, not less ability of funds and the mutual agreement of tect human rights: Provided further, That up than $7,000,000 shall be made available for the parties to the Compact to proceed, the to $30,000,000 of the funds appropriated for humanitarian, conflict mitigation, human entire amount of the United States Govern- fiscal year 2011 under this heading in Public rights, civil society, and relief and recon- ment funding anticipated for the duration of Law 112–10, division B, may be made avail- struction assistance for the North Caucasus. the Compact: Provided further, That the Chief able for the costs, as defined in section 502 of Executive Officer of the Corporation shall the Congressional Budget Act of 1974, of loan DEPARTMENT OF STATE notify the Committees on Appropriations guarantees for Tunisia, which are authorized not later than 15 days prior to signing any MIGRATION AND REFUGEE ASSISTANCE to be provided: Provided further, That new country compact or new threshold coun- amounts that are made available under the For necessary expenses not otherwise pro- try program; terminating or suspending any previous proviso for the cost of guarantees vided for, to enable the Secretary of State to country compact or threshold country pro- shall not be considered ‘‘assistance’’ for the carry out the provisions of section 2(a) and gram; or commencing negotiations for any purposes of provisions of law limiting assist- (b) of the Migration and Refugee Assistance new compact or threshold country program: ance to a country: Provided further, That Act of 1962, and other activities to meet ref- Provided further, That funds appropriated by none of the funds appropriated under this ugee and migration needs; salaries and ex- this Act or any prior Act appropriating funds heading may be made available for the Pal- penses of personnel and dependents as au- for the Department of State, foreign oper- estinian Authority if Palestine becomes a thorized by the Foreign Service Act of 1980; ations, and related programs that are made member or non-member state of the United allowances as authorized by sections 5921 available for a Millennium Challenge Com- Nations outside of an agreement negotiated through 5925 of title 5, United States Code; pact and that are suspended or terminated between Israel and the Palestinians: Provided purchase and hire of passenger motor vehi- by the Chief Executive Officer of the Cor- further, That the Secretary may waive the cles; and services as authorized by section poration shall be subject to the regular noti- previous proviso if the Secretary certifies to 3109 of title 5, United States Code, fication procedures of the Committees on the Committees on Appropriations that to do $1,700,000,000, to remain available until ex- Appropriations prior to re-obligation: Pro- so is in the national security interests of the pended, of which $20,000,000 shall be made vided further, That none of the funds appro- United States: Provided further, That of the available for refugees resettling in Israel, priated by this Act and prior Acts making funds appropriated under this heading, and not less than $35,000,000 shall be made appropriations for the Department of State, $179,000,000 shall be apportioned directly to available to respond to small-scale emer- foreign operations, and related programs the United States Agency for International gency humanitarian requirements of inter- under this heading may be used for military Development for alternative development/in- national and nongovernmental partners. assistance or military training, including for

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7545 assistance for military or paramilitary pur- tion procedures of the Committees on Appro- main available until expended, may be made poses and for assistance to military forces: priations: Provided further, That the Sec- available for the Nonproliferation and Disar- Provided further, That of the funds appro- retary of State shall provide to the Commit- mament Fund, notwithstanding any other priated under this heading, not to exceed tees on Appropriations not later than 45 days provision of law and subject to prior con- $100,000 may be available for representation after the date of enactment of this Act and sultation with, and the regular notification and entertainment allowances, of which not prior to the initial obligation of funds appro- procedures of, the Committees on Appropria- to exceed $5,000 may be available for enter- priated under this heading, a report on the tions, to promote bilateral and multilateral tainment allowances. proposed uses of all funds under this heading activities relating to nonproliferation, disar- INTER-AMERICAN FOUNDATION on a country-by-country basis for each pro- mament and weapons destruction: Provided posed program, project, or activity: Provided For necessary expenses to carry out the further, That such funds may also be used for further, That section 482(b) of the Foreign functions of the Inter-American Foundation such countries other than the Independent Assistance Act of 1961 shall not apply to in accordance with the provisions of section States of the former Soviet Union and inter- funds appropriated under this heading: Pro- 401 of the Foreign Assistance Act of 1969, national organizations when it is in the na- vided further, That assistance provided with $22,500,000, to remain available until Sep- tional security interest of the United States funds appropriated under this heading that is tember 30, 2013: Provided, That of the funds to do so: Provided further, That funds appro- made available notwithstanding section appropriated under this heading, not to ex- priated under this heading may be made 482(b) of the Foreign Assistance Act of 1961 ceed $2,000 may be available for entertain- available for the IAEA unless the Secretary shall be made available subject to the reg- ment and representation allowances. of State determines that Israel is being de- ular notification procedures of the Commit- nied its right to participate in the activities AFRICAN DEVELOPMENT FOUNDATION tees on Appropriations: Provided further, of that Agency: Provided further, That funds For necessary expenses to carry out title V That notwithstanding any provision of this appropriated under this heading may be of the International Security and Develop- or any other Act, funds appropriated in prior made available for public-private partner- ment Cooperation Act of 1980 (Public Law 96– years under the headings ‘‘Andean ships for conventional weapons and mine ac- 533), $30,000,000, to remain available until Counterdrug Initiative’’ and ‘‘Andean tion by grant, cooperative agreement or con- September 30, 2013: Provided, That funds Counterdrug Program’’ shall be available for tract: Provided further, That funds made made available to grantees may be invested use in any country for which funds may be available for demining and related activities, pending expenditure for project purposes made available under this heading without in addition to funds otherwise available for when authorized by the Board of Directors of regard to the geographic or purpose limita- such purposes, may be used for administra- the Foundation: Provided further, That inter- tions under which such funds were originally tive expenses related to the operation and est earned shall be used only for the purposes appropriated, subject to the regular notifica- management of the demining program: Pro- for which the grant was made: Provided fur- tion procedures of the Committees on Appro- vided further, That funds appropriated under ther, That notwithstanding section 505(a)(2) priations: Provided further, That, notwith- this heading that are available for ‘‘Anti-ter- of the African Development Foundation Act, standing any other provision of law, of the rorism Assistance’’ and ‘‘Export Control and in exceptional circumstances the Board of funds appropriated under this heading, Border Security’’ shall remain available Directors of the Foundation may waive the $5,000,000 should be made available to combat until September 30, 2013. $250,000 limitation contained in that section piracy of United States copyrighted mate- PEACEKEEPING OPERATIONS with respect to a project and a project may rials, consistent with the requirements of For necessary expenses to carry out the exceed the limitation by up to 10 percent if section 688(a) and (b) of the Department of provisions of section 551 of the Foreign As- the increase is due solely to foreign currency State, Foreign Operations, and Related Pro- sistance Act of 1961, $262,000,000: Provided, fluctuation: Provided further, That the Foun- grams Appropriations Act, 2008 (division J of That funds appropriated under this heading dation shall provide a report to the Commit- Public Law 110–161): Provided further, That may be used, notwithstanding section 660 of tees on Appropriations after each time such not later than 90 days after enactment of such Act, to provide assistance to enhance waiver authority is exercised. this Act, the Secretary of State shall submit the capacity of foreign civilian security EPARTMENT OF THE TREASURY a report to the Committees on Appropria- D forces, including gendarmes, to participate tions detailing the operation and mainte- INTERNATIONAL AFFAIRS TECHNICAL in peacekeeping operations: Provided further, nance costs of aircraft utilized in Iraq in sup- ASSISTANCE That funds appropriated under this heading port of programs funded under this heading, For necessary expenses to carry out the may be used to pay assessed expenses of a justification for not including such costs provisions of section 129 of the Foreign As- international peacekeeping activities in So- under the heading ‘‘Diplomatic and Consular sistance Act of 1961, $27,000,000, to remain malia and shall be available until September Programs’’, and estimates for overhead costs available until September 30, 2013, which 30, 2013: Provided further, That funds appro- associated with the Stabilization Operations shall be available notwithstanding any other priated under this Act should not be used to and Security Sector Reform program: Pro- provision of law. support any military training or operations vided further, That the concurrence of the that include child soldiers: Provided further, DEBT RESTRUCTURING Secretary of State shall be required for the That none of the funds appropriated under For the cost, as defined in section 502 of provision of assistance which is comparable this heading shall be obligated or expended the Congressional Budget Act of 1974, of to assistance made available under this except as provided through the regular noti- modifying loans and loan guarantees, as the heading but which is provided under any fication procedures of the Committees on President may determine, for which funds other provision of law. Appropriations. have been appropriated or otherwise made NONPROLIFERATION, ANTI-TERRORISM, available for programs within the Inter- DEMINING AND RELATED PROGRAMS FUNDS APPROPRIATED TO THE PRESIDENT national Affairs Budget Function 150, includ- For necessary expenses for nonprolifera- INTERNATIONAL MILITARY EDUCATION AND ing the cost of selling, reducing, or canceling tion, anti-terrorism, demining and related TRAINING amounts owed to the United States as a re- programs and activities, $685,500,000, to carry For necessary expenses to carry out the sult of concessional loans made to eligible out the provisions of chapter 8 of part II of provisions of section 541 of the Foreign As- countries, pursuant to part V of the Foreign the Foreign Assistance Act of 1961 for anti- sistance Act of 1961, $105,788,000: Provided, Assistance Act of 1961, $15,000,000, to remain terrorism assistance, chapter 9 of part II of That the civilian personnel for whom mili- available until September 30, 2013. the Foreign Assistance Act of 1961, section tary education and training may be provided TITLE IV 504 of the FREEDOM Support Act, section 23 under this heading may include civilians who INTERNATIONAL SECURITY ASSISTANCE of the Arms Export Control Act or the For- are not members of a government whose par- DEPARTMENT OF STATE eign Assistance Act of 1961 for demining ac- ticipation would contribute to improved tivities, the clearance of unexploded ord- civil-military relations, civilian control of INTERNATIONAL NARCOTICS CONTROL AND LAW nance, the destruction of small arms, and re- the military, or respect for human rights: ENFORCEMENT lated activities, notwithstanding any other Provided further, That funds made available (INCLUDING TRANSFER OF FUNDS) provision of law, including activities imple- under this heading for assistance for Angola, For necessary expenses to carry out sec- mented through nongovernmental and inter- Bahrain, Bangladesh, Cameroon, Central Af- tion 481 of the Foreign Assistance Act of national organizations, and section 301 of the rican Republic, Chad, Coˆ te d’Ivoire, Demo- 1961, $1,056,000,000, to remain available until Foreign Assistance Act of 1961 for a vol- cratic Republic of the Congo, Ethiopia, Gua- September 30, 2013: Provided, That during fis- untary contribution to the International temala, Guinea, Haiti, Indonesia, Kenya, cal year 2012, the Department of State may Atomic Energy Agency (IAEA), and for a Libya, Nepal, Nigeria, and Sri Lanka may also use the authority of section 608 of the United States contribution to the Com- only be provided through the regular notifi- Foreign Assistance Act of 1961, without re- prehensive Nuclear Test Ban Treaty Pre- cation procedures of the Committees on Ap- gard to its restrictions, to receive excess paratory Commission: Provided, That the propriations and any such notification shall property from an agency of the United clearance of unexploded ordnance should include a detailed description of proposed ac- States Government for the purpose of pro- prioritize areas where such ordnance was tivities: Provided further, That of the funds viding it to a foreign country or inter- caused by the United States: Provided fur- appropriated under this heading, not to ex- national organization under chapter 8 of part ther, That of the funds made available under ceed $55,000 may be available for entertain- I of that Act subject to the regular notifica- this heading, not to exceed $30,000,000, to re- ment allowances.

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FOREIGN MILITARY FINANCING PROGRAM funds: Provided, That all country and funding CONTRIBUTION TO THE INTERNATIONAL BANK (INCLUDING TRANSFER OF FUNDS) level increases in allocations shall be sub- FOR RECONSTRUCTION AND DEVELOPMENT For necessary expenses for grants to en- mitted through the regular notification pro- For payment to the International Bank for able the President to carry out the provi- cedures of section 7015 of this Act: Provided Reconstruction and Development by the Sec- sions of section 23 of the Arms Export Con- further, That funds made available under this retary of the Treasury, for the United States trol Act, $5,346,000,000: Provided, That to ex- heading may be used, notwithstanding any share of the paid-in portion of the increases pedite the provision of assistance to foreign other provision of law, for demining, the in capital stock, $117,364,344, to remain avail- countries and international organizations, clearance of unexploded ordnance, and re- able until expended. the Secretary of State, following consulta- lated activities, and may include activities LIMITATION ON CALLABLE CAPITAL tion with the Committees on Appropriations implemented through nongovernmental and SUBSCRIPTIONS and subject to the regular notification proce- international organizations: Provided further, The United States Governor of the Inter- dures of such Committees, may use the funds That none of the funds appropriated under national Bank for Reconstruction and Devel- appropriated under this heading to procure this heading may be made available for as- opment may subscribe without fiscal year defense articles and services to enhance the sistance for Nepal, Sri Lanka, Pakistan, limitation to the callable capital portion of capacity of foreign security forces: Provided Bangladesh, Bahrain, Philippines, Indonesia, the United States share of increases in cap- further, That of the funds appropriated under Haiti, Guatemala, Honduras, Ethiopia, Cam- ital stock in an amount not to exceed this heading, not less than $3,075,000,000 shall bodia, Kenya, Chad, and the Democratic Re- $2,928,990,899. public of the Congo except pursuant to the be available for grants only for Israel, and up CONTRIBUTION TO THE INTERNATIONAL regular notification procedures of the Com- to $1,300,000,000 shall be made available for DEVELOPMENT ASSOCIATION mittees on Appropriations: Provided further, grants only for Egypt, including for border For payment to the International Develop- That only those countries for which assist- security programs and activities in the ment Association by the Secretary of the ance was justified for the ‘‘Foreign Military Sinai: Provided further, That prior to the ob- Treasury, $1,355,000,000, to remain available Sales Financing Program’’ in the fiscal year ligation of funds appropriated under this until expended. heading for assistance for Egypt, the Sec- 1989 congressional presentation for security For payment to the International Develop- retary of State shall certify to the Commit- assistance programs may utilize funds made ment Association by the Secretary of the tees on Appropriations that the Govern- available under this heading for procurement Treasury for costs incurred under the Multi- ments of the United States and Egypt have of defense articles, defense services or design lateral Debt Relief Initiative, $167,000,000, to agreed upon the specific uses of such funds, and construction services that are not sold remain available until expended. by the United States Government under the that such funds further the national inter- CONTRIBUTION TO THE CLEAN TECHNOLOGY Arms Export Control Act: Provided further, ests of the United States in Egypt and the FUND That funds appropriated under this heading region, and that the Government of Egypt For payment to the International Bank for has held free and fair elections and is imple- shall be expended at the minimum rate necessary to make timely payment for defense Reconstruction and Development as trustee menting policies to protect the rights of for the Clean Technology Fund by the Sec- journalists, due process, and freedoms of ex- articles and services: Provided further, That not more than $62,800,000 of the funds appro- retary of the Treasury, $350,000,000, to repression and association: Provided further, main available until expended. That the funds appropriated under this head- priated under this heading may be obligated CONTRIBUTION TO THE STRATEGIC CLIMATE ing for assistance for Israel shall be dis- for necessary expenses, including the pur- FUND bursed within 30 days of enactment of this chase of passenger motor vehicles for re- Act: Provided further, That to the extent that placement only for use outside of the United For payment to the International Bank for Reconstruction and Development as trustee the Government of Israel requests that funds States, for the general costs of administering for the Strategic Climate Fund by the Sec- be used for such purposes, grants made avail- military assistance and sales, except that retary of the Treasury, $100,000,000, to re- able for Israel under this heading shall, as this limitation may be exceeded only main available until expended. agreed by the United States and Israel, be through the regular notification procedures available for advanced weapons systems, of of the Committees on Appropriations: Pro- GLOBAL AGRICULTURE AND FOOD SECURITY which not less than $808,725,000 shall be vided further, That of the funds appropriated PROGRAM available for the procurement in Israel of de- under this heading for general costs of ad- For payment to the Global Agriculture and fense articles and defense services, including ministering military assistance and sales, Food Security Program by the Secretary of research and development: Provided further, not to exceed $4,000 may be available for en- the Treasury, $200,000,000, to remain avail- That funds appropriated under this heading tertainment expenses and not to exceed able until expended. estimated to be outlayed for Egypt during $130,000 may be available for representation CONTRIBUTION TO THE INTER-AMERICAN fiscal year 2012 may be transferred to an in- allowances: Provided further, That not more DEVELOPMENT BANK terest bearing account for Egypt in the Fed- than $836,900,000 of funds realized pursuant to For payment to the Inter-American Devel- eral Reserve Bank of New York within 30 section 21(e)(1)(A) of the Arms Export Con- opment Bank by the Secretary of the Treas- days of enactment of this Act: Provided fur- trol Act may be obligated for expenses in- ury for the United States share of the paid- ther, That of the funds appropriated under curred by the Department of Defense during in portion of the increase in capital stock, this heading, $300,000,000 shall be made avail- fiscal year 2012 pursuant to section 43(b) of $25,000,000, to remain available until ex- able for assistance for Jordan: Provided fur- the Arms Export Control Act, except that pended. ther, That none of the funds made available this limitation may be exceeded only For payment to the Inter-American Invest- under this heading shall be made available through the regular notification procedures ment Corporation by the Secretary of the to support or continue any program initially of the Committees on Appropriations: Pro- Treasury, $4,670,000, to remain available funded under the authority of section 1206 of vided further, That, with respect to the pre- until expended. the National Defense Authorization Act for vious proviso, up to $100,000,000 of such funds LIMITATION ON CALLABLE CAPITAL Fiscal Year 2006 (Public Law 109–163; 119 may be transferred to the Special Defense SUBSCRIPTIONS Acquisition Fund pursuant to section 51 of Stat. 3456) unless the Secretary of State, in The United States Governor of the Inter- the Arms Export Control Act. consultation with the Secretary of Defense, American Development Bank may subscribe has justified such program to the Commit- TITLE V without fiscal year limitation to the callable tees on Appropriations: Provided further, MULTILATERAL ASSISTANCE capital portion of the United States share of That funds appropriated or otherwise made such capital stock in an amount not to ex- available under this heading shall be non- FUNDS APPROPRIATED TO THE PRESIDENT ceed $4,098,794,833. repayable notwithstanding any requirement INTERNATIONAL ORGANIZATIONS AND PROGRAMS CONTRIBUTION TO THE ENTERPRISE FOR THE in section 23 of the Arms Export Control Act: AMERICAS MULTILATERAL INVESTMENT FUND Provided further, That funds made available For necessary expenses to carry out the provisions of section 301 of the Foreign As- For payment to the Enterprise for the under this heading shall be obligated upon Americas Multilateral Investment Fund by apportionment in accordance with paragraph sistance Act of 1961, and of section 2 of the United Nations Environment Program Par- the Secretary of the Treasury, $25,000,000, to (5)(C) of title 31, United States Code, section remain available until expended. 1501(a). ticipation Act of 1973, $352,950,000: Provided, None of the funds made available under That section 307(a) of the Foreign Assistance CONTRIBUTION TO THE ASIAN DEVELOPMENT this heading shall be available to finance the Act of 1961 shall not apply to contributions BANK procurement of defense articles, defense to the United Nations Democracy Fund. For payment to the Asian Development Bank by the Secretary of the Treasury for services, or design and construction services INTERNATIONAL FINANCIAL INSTITUTIONS that are not sold by the United States Gov- the United States share of the paid-in por- ernment under the Arms Export Control Act GLOBAL ENVIRONMENT FACILITY tion of increase in capital stock, $106,586,000, unless the foreign country proposing to For payment to the International Bank for to remain available until expended. make such procurement has first signed an Reconstruction and Development as trustee LIMITATION ON CALLABLE CAPITAL agreement with the United States Govern- for the Global Environment Facility by the SUBSCRIPTIONS ment specifying the conditions under which Secretary of the Treasury, $120,000,000, to re- The United States Governor of the Asian such procurement may be financed with such main available until expended. Development Bank may subscribe without

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7547 fiscal year limitation to the callable capital detonated a nuclear explosive after the date nical aspects of any transaction for which an portion of the United States share of such of the enactment of this Act: Provided fur- application for a loan, guarantee or insur- capital stock in an amount not to exceed ther, That the use of the aggregate loan, ance commitment has been made: Provided $2,558,048,769. guarantee, and insurance authority available further, That, in addition to other funds ap- CONTRIBUTION TO THE ASIAN DEVELOPMENT to the Export-Import Bank during the cur- propriated for administrative expenses, such FUND rent fiscal year should not result in green- fees shall be credited to this account, to re- house gas emissions from the extraction or For payment to the Asian Development main available until expended. production of fossil fuels and the use of fossil Bank’s Asian Development Fund by the Sec- RECEIPTS COLLECTED fuels in electricity generation exceeding the retary of the Treasury, $100,000,000, to re- total amount of such emissions resulting Receipts collected pursuant to the Export- main available until expended. from the use of such authority during fiscal Import Bank Act of 1945, as amended, and CONTRIBUTION TO THE AFRICAN DEVELOPMENT year 2010, unless not less than 15 days prior the Federal Credit Reform Act of 1990, as BANK to the use of such authority the Export-Im- amended, in an amount not to exceed the For payment to the African Development port Bank provides written notification to amount appropriated herein, shall be cred- Bank by the Secretary of the Treasury for the Committees on Appropriations that the ited as offsetting collections to this account: the United States share of the paid-in por- use of such authority would result in green- Provided, That the sums herein appropriated tion of the increase in capital stock, house gas emissions exceeding such amount from the General Fund shall be reduced on a $32,417,720, to remain available until ex- and indicating the amount of the increase, dollar-for-dollar basis by such offsetting col- pended. and posts such notification on the Bank’s lections so as to result in a final fiscal year LIMITATION ON CALLABLE CAPITAL Web site: Provided further, That not less than appropriation from the General Fund esti- SUBSCRIPTIONS 10 percent of such aggregate should be used mated at $0: Provided further, That amounts for renewable energy technology and end-use The United States Governor of the African collected in fiscal year 2012 in excess of obli- energy efficiency technologies: Provided fur- Development Bank may subscribe without gations, up to $50,000,000, shall become avail- ther, That notwithstanding section 1(c) of fiscal year limitation to the callable capital able on September 1, 2012 and shall remain Public Law 103–428, as amended, sections 1(a) available until September 30, 2015. portion of the United States share of such and (b) of Public Law 103–428 shall remain in capital stock in an amount not to exceed effect through October 1, 2012: Provided fur- OVERSEAS PRIVATE INVESTMENT CORPORATION $507,860,808. ther, That notwithstanding the dates speci- NONCREDIT ACCOUNT CONTRIBUTION TO THE AFRICAN DEVELOPMENT fied in section 7 of the Export-Import Bank The Overseas Private Investment Corpora- FUND Act of 1945 (12 U.S.C. 6350 and section 1(c) of tion is authorized to make, without regard For payment to the African Development Public Law 103–428), the Export-Import Bank to fiscal year limitations, as provided by 31 Fund by the Secretary of the Treasury, of the United States shall continue to exer- U.S.C. 9104, such expenditures and commit- $125,000,000, to remain available until excise its functions in connection with and in ments within the limits of funds available to pended. furtherance of its objects and purposes it and in accordance with law as may be nec- For payment to the African Development through September 30, 2012. essary: Provided, That the amount available Fund by the Secretary of the Treasury for SUBSIDY APPROPRIATION for administrative expenses to carry out the costs incurred under the Multilateral Debt For the cost of direct loans, loan guaran- credit and insurance programs (including an Relief Initiative, $7,500,000, to remain avail- tees, insurance, and tied-aid grants as au- amount for official reception and representa- able until expended. thorized by section 10 of the Export-Import tion expenses which shall not exceed $35,000) EUROPEAN BANK FOR RECONSTRUCTION AND Bank Act of 1945, as amended, not to exceed shall not exceed $54,990,000: Provided further, DEVELOPMENT $58,000,000: Provided, That such costs, includ- That project-specific transaction costs, in- LIMITATION ON CALLABLE CAPITAL ing the cost of modifying such loans, shall be cluding direct and indirect costs incurred in SUBSCRIPTIONS as defined in section 502 of the Congressional claims settlements, and other direct costs The United States Governor of the Euro- Budget Act of 1974: Provided further, That associated with services provided to specific pean Bank for Reconstruction and Develop- such funds shall remain available until Sep- investors or potential investors pursuant to ment may subscribe without fiscal year limi- tember 30, 2027, for the disbursement of di- section 234 of the Foreign Assistance Act of tation to the callable capital of the United rect loans, loan guarantees, insurance and 1961, shall not be considered administrative States share of such capital in an amount tied-aid grants obligated in fiscal years 2012, expenses for the purposes of this heading. not to exceed $1,252,331,952. 2013, 2014, and 2015: Provided further, That none of the funds appropriated by this Act or PROGRAM ACCOUNT CONTRIBUTION TO THE INTERNATIONAL FUND any prior Acts appropriating funds for the For the cost of direct and guaranteed FOR AGRICULTURAL DEVELOPMENT Department of State, foreign operations, and loans, $29,000,000, as authorized by section 234 For payment to the International Fund for related programs for tied-aid credits or of the Foreign Assistance Act of 1961, to be Agricultural Development by the Secretary grants may be used for any other purpose ex- derived by transfer from the Overseas Pri- of the Treasury, $30,000,000, to remain avail- cept through the regular notification proce- vate Investment Corporation Noncredit Ac- able until expended. dures of the Committees on Appropriations. count: Provided, That such costs, including TITLE VI ADMINISTRATIVE EXPENSES the cost of modifying such loans, shall be as EXPORT AND INVESTMENT ASSISTANCE For administrative expenses to carry out defined in section 502 of the Congressional EXPORT-IMPORT BANK OF THE UNITED STATES the direct and guaranteed loan and insurance Budget Act of 1974: Provided further, That such sums shall be available for direct loan INSPECTOR GENERAL programs, including hire of passenger motor vehicles and services as authorized by 5 obligations and loan guaranty commitments For necessary expenses of the Office of In- U.S.C. 3109, and not to exceed $30,000 for offi- incurred or made during fiscal years 2012, spector General in carrying out the provi- cial reception and representation expenses 2013, and 2014: Provided further, That funds so sions of the Inspector General Act of 1978, as for members of the Board of Directors, not to obligated in fiscal year 2012 remain available amended, $4,000,000, to remain available until exceed $89,900,000: Provided, That the Export- for disbursement through 2020; funds obli- September 30, 2013. Import Bank may accept, and use, payment gated in fiscal year 2013 remain available for PROGRAM ACCOUNT or services provided by transaction partici- disbursement through 2021; and funds obli- The Export-Import Bank of the United pants for legal, financial, or technical serv- gated in fiscal year 2014 remain available for States is authorized to make such expendi- ices in connection with any transaction for disbursement through 2022: Provided further, tures within the limits of funds and bor- which an application for a loan, guarantee or That notwithstanding any other provision of rowing authority available to such corpora- insurance commitment has been made: Pro- law, the Overseas Private Investment Cor- tion, and in accordance with law, and to vided further, That notwithstanding sub- poration is authorized to undertake any pro- make such contracts and commitments with- section (b) of section 117 of the Export En- gram authorized by title IV of chapter 2 of out regard to fiscal year limitations, as pro- hancement Act of 1992, subsection (a) thereof part I of the Foreign Assistance Act of 1961 vided by section 104 of the Government Cor- shall remain in effect until October 1, 2012: in Iraq: Provided further, That funds made poration Control Act, as may be necessary in Provided further, That the Export-Import available pursuant to the authority of the carrying out the program for the current fis- Bank shall charge fees for necessary ex- previous proviso shall be subject to the reg- cal year for such corporation: Provided, That penses (including special services performed ular notification procedures of the Commit- none of the funds available during the cur- on a contract or fee basis, but not including tees on Appropriations. rent fiscal year may be used to make expend- other personal services) in connection with In addition, such sums as may be necessary itures, contracts, or commitments for the the collection of moneys owed the Export- for administrative expenses to carry out the export of nuclear equipment, fuel, or tech- Import Bank, repossession or sale of pledged credit program may be derived from amounts nology to any country, other than a nuclear- collateral or other assets acquired by the Ex- available for administrative expenses to weapon state as defined in Article IX of the port-Import Bank in satisfaction of moneys carry out the credit and insurance programs Treaty on the Non-Proliferation of Nuclear owed the Export-Import Bank, or the inves- in the Overseas Private Investment Corpora- Weapons eligible to receive economic or tigation or appraisal of any property, or the tion Noncredit Account and merged with military assistance under this Act, that has evaluation of the legal, financial, or tech- said account.

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TRADE AND DEVELOPMENT AGENCY (d) Funds appropriated by this Act, and pation in democratic processes: Provided fur- For necessary expenses to carry out the any prior Act making appropriations for the ther, That funds made available pursuant to provisions of section 661 of the Foreign As- Department of State, foreign operations, and the previous provisos shall be subject to the sistance Act of 1961, $50,000,000, to remain related programs, which may be made avail- regular notification procedures of the Com- available until September 30, 2013: Provided, able for the acquisition of property for diplo- mittees on Appropriations. That of the funds appropriated under this matic facilities in Afghanistan, Pakistan, TRANSFER AUTHORITY and Iraq, shall be subject to prior consulta- heading, not more than $4,000 may be avail- SEC. 7009. (a) DEPARTMENT OF STATE AND tion with, and the regular notification proce- able for representation and entertainment BROADCASTING BOARD OF GOVERNORS.— allowances. dures of, the Committees on Appropriations. (1) Not to exceed 5 percent of any appro- (e) Section 604(e)(1) of the Secure Embassy TITLE VII priation made available for the current fiscal Construction and Counterterrorism Act of year for the Department of State under title GENERAL PROVISIONS 1999 (22 U.S.C. 4865 note) is amended by strik- I of this Act may be transferred between ALLOWANCES AND DIFFERENTIALS ing ‘‘providing new,’’ and inserting in its such appropriations, but no such appropria- place ‘‘providing, maintaining, repairing, SEC. 7001. Funds appropriated under title I tion, except as otherwise specifically pro- and renovating’’. of this Act shall be available, except as oth- vided, shall be increased by more than 10 per- erwise provided, for allowances and differen- PERSONNEL ACTIONS cent by any such transfers. tials as authorized by subchapter 59 of title SEC. 7005. Any costs incurred by a depart- (2) Not to exceed 5 percent of any appro- 5, United States Code; for services as author- ment or agency funded under title I of this priation made available for the current fiscal ized by 5 U.S.C. 3109; and for hire of pas- Act resulting from personnel actions taken year for the Broadcasting Board of Gov- senger transportation pursuant to 31 U.S.C. in response to funding reductions included in ernors under title I of this Act may be trans- 1343(b). this Act shall be absorbed within the total ferred between such appropriations, but no UNOBLIGATED BALANCES REPORT budgetary resources available under title I such appropriation, except as otherwise spe- SEC. 7002. Any department or agency of the to such department or agency: Provided, cifically provided, shall be increased by more United States Government to which funds That the authority to transfer funds between than 10 percent by any such transfers. are appropriated or otherwise made available appropriations accounts as may be necessary (3) Any transfer pursuant to this section by this Act shall provide to the Committees to carry out this section is provided in addi- shall be treated as a reprogramming of funds on Appropriations a quarterly accounting of tion to authorities included elsewhere in this under section 7015(a) and (b) of this Act and cumulative unobligated balances and obli- Act: Provided further, That use of funds to shall not be available for obligation or ex- gated, but unexpended, balances by program, carry out this section shall be treated as a penditure except in compliance with the pro- project, and activity, and Treasury Account reprogramming of funds under section 7015 of cedures set forth in that section. Fund Symbol of all expired and unexpired this Act and shall not be available for obliga- (b) EXPORT FINANCING TRANSFER AUTHORI- funds received by such department or agency tion or expenditure except in compliance TIES.—Not to exceed 5 percent of any appro- in fiscal year 2012 or any previous fiscal year: with the procedures set forth in that section. priation other than for administrative ex- Provided, That for the purposes of this sec- LOCAL GUARD CONTRACTS penses made available for fiscal year 2012, for tion, obligated balances shall not include ob- SEC. 7006. In evaluating proposals for local programs under title VI of this Act may be ligations made through bilateral agreements guard contracts, the Secretary of State shall transferred between such appropriations for unless further sub-obligated. award contracts in accordance with section use for any of the purposes, programs, and CONSULTING SERVICES 136 of the Foreign Relations Authorization activities for which the funds in such receiving account may be used, but no such appro- SEC. 7003. The expenditure of any appro- Act, Fiscal Years 1990 and 1991 (22 U.S.C. priation, except as otherwise specifically priation under title I of this Act for any con- 4864), except that the Secretary may grant provided, shall be increased by more than 25 sulting service through procurement con- authorization to award such contracts on the percent by any such transfer: Provided, That tract, pursuant to 5 U.S.C. 3109, shall be lim- basis of best value as determined by a cost- the exercise of such authority shall be sub- ited to those contracts where such expendi- technical tradeoff analysis (as described in ject to the regular notification procedures of tures are a matter of public record and avail- Federal Acquisition Regulation part 15.101) the Committees on Appropriations. able for public inspection, except where oth- in Iraq, Afghanistan, and Pakistan, notwith- (c) LIMITATION ON TRANSFERS BETWEEN erwise provided under existing law, or under standing subsection (c)(3) of such section: Provided, That the authority in this section AGENCIES.— existing Executive order issued pursuant to (1) None of the funds made available under existing law. shall apply to any options for renewal that may be exercised under such contracts that titles II through V of this Act may be trans- EMBASSY CONSTRUCTION are awarded during the current fiscal year: ferred to any department, agency, or instru- SEC. 7004. (a) Of funds provided under title Provided further, That prior to issuing a so- mentality of the United States Government, I of this Act, except as provided in sub- licitation for a contract to be awarded pursu- except pursuant to a transfer made by, or section (b), a project to construct a diplo- ant to the authority under this section, the transfer authority provided in, this Act or matic facility of the United States may not Secretary of State shall consult with the any other appropriation Act. include office space or other accommoda- Committees on Appropriations. (2) Notwithstanding paragraph (1), in addi- tions for an employee of a Federal agency or tion to transfers made by, or authorized else- PROHIBITION AGAINST DIRECT FUNDING FOR department if the Secretary of State deter- where in, this Act, funds appropriated by CERTAIN COUNTRIES mines that such department or agency has this Act to carry out the purposes of the For- not provided to the Department of State the SEC. 7007. None of the funds appropriated eign Assistance Act of 1961 may be allocated full amount of funding required by sub- or otherwise made available pursuant to ti- or transferred to agencies of the United section (e) of section 604 of the Secure Em- tles III through VI of this Act shall be obli- States Government pursuant to the provi- bassy Construction and Counterterrorism gated or expended to finance directly any as- sions of sections 109, 610, and 632 of the For- Act of 1999 (as enacted into law by section sistance or reparations for the governments eign Assistance Act of 1961. 1000(a)(7) of Public Law 106–113 and contained of Cuba, North Korea, Iran, or Syria: Pro- (3) Any agreement entered into by the in appendix G of that Act; 113 Stat. 1501A– vided, That for purposes of this section, the United States Agency for International De- 453), as amended by section 629 of the Depart- prohibition on obligations or expenditures velopment (USAID) or the Department of ments of Commerce, Justice, and State, the shall include direct loans, credits, insurance State with any department, agency, or in- Judiciary, and Related Agencies Appropria- and guarantees of the Export-Import Bank strumentality of the United States Govern- tions Act, 2005. or its agents. ment pursuant to section 632(b) of the For- (b) Notwithstanding the prohibition in sub- COUPS D’E´ TAT eign Assistance Act of 1961 valued in excess section (a), a project to construct a diplo- SEC. 7008. None of the funds appropriated of $1,000,000 and any agreement made pursu- matic facility of the United States may in- or otherwise made available pursuant to ti- ant to section 632(a) of such Act, with funds clude office space or other accommodations tles III through VI of this Act shall be obli- appropriated by this Act and prior Acts mak- for members of the United States Marine gated or expended to finance directly any as- ing appropriations for the Department of Corps. sistance to the government of any country State, foreign operations, and related pro- (c) For the purposes of calculating the fis- whose duly elected head of government is de- grams under the headings ‘‘Global Health cal year 2012 costs of providing new United posed by military coup d’e´tat or decree, or a Programs’’, ‘‘Development Assistance’’, and States diplomatic facilities in accordance coup d’e´tat or decree that is supported by ‘‘Economic Support Fund’’ shall be subject with section 604(e) of the Secure Embassy the military: Provided, That assistance may to the regular notification procedures of the Construction and Counterterrorism Act of be resumed to such government if the Presi- Committees on Appropriations: Provided, 1999 (22 U.S.C. 4865 note), the Secretary of dent determines and certifies to the Commit- That the requirement in the previous sen- State, in consultation with the Director of tees on Appropriations that subsequent to tence shall not apply to agreements entered the Office of Management and Budget, shall the termination of assistance a democrat- into between USAID and the Department of determine the annual program level and ically elected government has taken office: State. agency shares in a manner that is propor- Provided further, That the provisions of this (d) TRANSFERS BETWEEN ACCOUNTS.—None tional to the Department of State’s con- section shall not apply to assistance to proof the funds made available under titles II tribution for this purpose. mote democratic elections or public partici- through V of this Act may be obligated

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7549 under an appropriation account to which which funds are appropriated under this Act dividual agreement between the Government they were not appropriated, except for trans- unless the President determines, following of the United States and such government fers specifically provided for in this Act, un- consultations with the Committees on Ap- that describes, among other things, the less the President, not less than 5 days prior propriations, that assistance for such coun- treatment for tax purposes that will be ac- to the exercise of any authority contained in try is in the national interest of the United corded the United States assistance provided the Foreign Assistance Act of 1961 to trans- States. under that agreement. fer funds, consults with and provides a writ- PROHIBITION ON TAXATION OF UNITED STATES RESERVATIONS OF FUNDS ten policy justification to the Committees ASSISTANCE SEC. 7014. (a) Funds appropriated under tion Appropriations. SEC. 7013. (a) PROHIBITION ON TAXATION.— tles II through VI of this Act which are spe- (e) AUDIT OF INTER-AGENCY TRANSFERS.— None of the funds appropriated under titles cifically designated may be reprogrammed Any agreement for the transfer or allocation III through VI of this Act may be made for other programs within the same account of funds appropriated by this Act, or prior available to provide assistance for a foreign notwithstanding the designation if compli- Acts, entered into between the Department country under a new bilateral agreement ance with the designation is made impossible of State or USAID and another agency of the governing the terms and conditions under by operation of any provision of this or any United States Government under the author- which such assistance is to be provided un- other Act: Provided, That any such re- ity of section 632(a) of the Foreign Assist- less such agreement includes a provision programming shall be subject to the regular ance Act of 1961 or any comparable provision stating that assistance provided by the notification procedures of the Committees of law, shall expressly provide that the In- United States shall be exempt from taxation, on Appropriations: Provided further, That as- spector General (IG) for the agency receiving or reimbursed, by the foreign government, sistance that is reprogrammed pursuant to the transfer or allocation of such funds, or and the Secretary of State shall expedi- this subsection shall be made available other entity with audit responsibility if the under the same terms and conditions as tiously seek to negotiate amendments to ex- receiving agency does not have an IG, shall originally provided. isting bilateral agreements, as necessary, to perform periodic program and financial au- (b) In addition to the authority contained conform with this requirement. dits of the use of such funds: Provided, That in subsection (a), the original period of avail- (b) REIMBURSEMENT OF FOREIGN TAXES.— ability of funds appropriated by this Act and funds transferred under such authority may An amount equivalent to 200 percent of the be made available for the cost of such audits. administered by the United States Agency total taxes assessed during fiscal year 2011 for International Development (USAID) that REPORTING REQUIREMENT on funds appropriated by this Act by a for- are specifically designated for particular SEC. 7010. The Secretary of State shall pro- eign government or entity against commod- programs or activities by this or any other vide the Committees on Appropriations, not ities financed under United States assistance Act shall be extended for an additional fiscal later than April 1, 2012, and for each fiscal programs for which funds are appropriated year if the USAID Administrator determines quarter, a report in writing on the uses of by this Act, either directly or through grant- and reports promptly to the Committees on funds made available under the headings ees, contractors and subcontractors shall be Appropriations that the termination of as- ‘‘Foreign Military Financing Program’’, withheld from obligation from funds appro- sistance to a country or a significant change ‘‘International Military Education and priated for assistance for fiscal year 2012 and in circumstances makes it unlikely that Training’’, ‘‘Peacekeeping Operations’’, and allocated for the central government of such such designated funds can be obligated dur- ‘‘Pakistan Counter-Insurgency Fund’’: Pro- country and for the West Bank and Gaza pro- ing the original period of availability: Pro- vided, That such report shall include a de- gram to the extent that the Secretary of vided, That such designated funds that con- scription of the obligation and expenditure State certifies and reports in writing to the tinue to be available for an additional fiscal of funds, and the specific country in receipt Committees on Appropriations that such year shall be obligated only for the purpose of, and the use or purpose of the assistance taxes have not been reimbursed to the Gov- of such designation. provided by such funds. ernment of the United States. (c) Ceilings and specifically designated AVAILABILITY OF FUNDS (c) DE MINIMIS EXCEPTION.—Foreign taxes funding levels contained in this Act shall not of a de minimis nature shall not be subject be applicable to funds or authorities appro- SEC. 7011. No part of any appropriation to the provisions of subsection (b). priated or otherwise made available by any contained in this Act shall remain available (d) REPROGRAMMING OF FUNDS.—Funds subsequent Act unless such Act specifically for obligation after the expiration of the cur- withheld from obligation for each country or so directs: Provided, That specifically des- rent fiscal year unless expressly so provided entity pursuant to subsection (b) shall be re- ignated funding levels or minimum funding in this Act: Provided, That funds appro- programmed for assistance to countries requirements contained in any other Act priated for the purposes of chapters 1, 8, 11, which do not assess taxes on United States shall not be applicable to funds appropriated and 12 of part I, section 661, section 667, chap- assistance or which have an effective ar- by this Act. ters 4, 5, 6, 8, and 9 of part II of the Foreign rangement that is providing substantial re- Assistance Act of 1961, section 23 of the Arms REPROGRAMMING NOTIFICATION REQUIREMENTS imbursement of such taxes. Export Control Act, and funds provided SEC. 7015. (a) None of the funds made avail- (e) DETERMINATIONS.— under the headings ‘‘Assistance for Europe, able in title I of this Act, or in prior appro- (1) The provisions of this section shall not Eurasia and Central Asia’’ and ‘‘Develop- priations Acts to the agencies and depart- apply to any country or entity the Secretary ment Credit Authority’’, shall remain avail- ments funded by this Act that remain avail- of State determines— able for an additional 4 years from the date able for obligation or expenditure in fiscal (A) does not assess taxes on United States on which the availability of such funds year 2012, or provided from any accounts in assistance or which has an effective arrange- would otherwise have expired, if such funds the Treasury of the United States derived by ment that is providing substantial reim- are initially obligated before the expiration the collection of fees or of currency reflows bursement of such taxes; or of their respective periods of availability or other offsetting collections, or made (B) the foreign policy interests of the contained in this Act: Provided further, That available by transfer, to the agencies and de- United States outweigh the purpose of this notwithstanding any other provision of this partments funded by this Act, shall be avail- section to ensure that United States assist- Act, any funds made available for the pur- able for obligation or expenditure through a ance is not subject to taxation. poses of chapter 1 of part I and chapter 4 of reprogramming of funds that: (2) The Secretary of State shall consult part II of the Foreign Assistance Act of 1961 (1) creates new programs; with the Committees on Appropriations at which are allocated or obligated for cash dis- (2) eliminates a program, project, or activ- least 15 days prior to exercising the author- bursements in order to address balance of ity; ity of this subsection with regard to any payments or economic policy reform objec- (3) increases funds or personnel by any country or entity. tives, shall remain available for an addi- means for any project or activity for which (f) IMPLEMENTATION.—The Secretary of tional 4 years from the date on which the funds have been denied or restricted; State shall issue rules, regulations, or policy availability of such funds would otherwise (4) relocates an office or employees; guidance, as appropriate, to implement the have expired, if such funds are initially allo- (5) closes or opens a mission or post; prohibition against the taxation of assist- cated or obligated before the expiration of (6) creates, reorganizes, or renames bu- ance contained in this section. their respective periods of availability con- reaus, centers, or offices; (g) DEFINITIONS.—As used in this section— tained in this Act. (7) reorganizes programs or activities; or (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer (8) contracts out or privatizes any func- LIMITATION ON ASSISTANCE TO COUNTRIES IN to value added taxes and customs duties im- tions or activities presently performed by DEFAULT posed on commodities financed with United Federal employees; unless the Committees SEC. 7012. No part of any appropriation pro- States assistance for programs for which on Appropriations are notified 15 days in ad- vided under titles III through VI in this Act funds are appropriated by this Act; and vance of such reprogramming of funds. shall be used to furnish assistance to the (2) the term ‘‘bilateral agreement’’ refers (b) None of the funds provided under title government of any country which is in de- to a framework bilateral agreement between I of this Act, or provided under previous ap- fault during a period in excess of one cal- the Government of the United States and the propriations Acts to the agency or depart- endar year in payment to the United States government of the country receiving assist- ment funded under title I of this Act that re- of principal or interest on any loan made to ance that describes the privileges and immu- main available for obligation or expenditure the government of such country by the nities applicable to United States foreign as- in fiscal year 2012, or provided from any ac- United States pursuant to a program for sistance for such country generally, or an in- counts in the Treasury of the United States

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(1) augments existing programs, projects, than 3 days after taking the action to which PROHIBITION OF PAYMENT OF CERTAIN or activities; such notification requirement was applica- EXPENSES (2) reduces by 10 percent funding for any ble, in the context of the circumstances ne- existing program, project, or activity, or cessitating such waiver: Provided further, SEC. 7020. None of the funds appropriated numbers of personnel by 10 percent as ap- That any notification provided pursuant to or otherwise made available by this Act proved by Congress; or such a waiver shall contain an explanation of under the headings ‘‘International Military (3) results from any general savings, in- the emergency circumstances. Education and Training’’ or ‘‘Foreign Mili- cluding savings from a reduction in per- (f) None of the funds appropriated under ti- tary Financing Program’’ for Informational sonnel, which would result in a change in ex- tles III through VI and VIII of this Act shall Program activities or under the headings isting programs, activities, or projects as ap- be obligated or expended for assistance for ‘‘Global Health Programs’’, ‘‘Development proved by Congress; unless the Committees Serbia, Sudan, South Sudan, Zimbabwe, Af- Assistance’’, and ‘‘Economic Support Fund’’ on Appropriations are notified 15 days in ad- ghanistan, Pakistan, Cuba, Iran, Haiti, may be obligated or expended to pay for— vance of such reprogramming of funds. Libya, Ethiopia, Nepal, Colombia, Burma, (1) alcoholic beverages; or (c) None of the funds made available under Yemen, Mexico, Kazakhstan, Uzbekistan, So- (2) entertainment expenses for activities titles II through VI and VIII in this Act malia, Sri Lanka, or Cambodia except as that are substantially of a recreational char- under the headings ‘‘Global Health Pro- provided through the regular notification acter, including but not limited to entrance grams’’, ‘‘Development Assistance’’, ‘‘Inter- procedures of the Committees on Appropria- fees at sporting events, theatrical and musi- national Organizations and Programs’’, tions. cal productions, and amusement parks. ‘‘Trade and Development Agency’’, ‘‘Inter- NOTIFICATION ON EXCESS DEFENSE EQUIPMENT national Narcotics Control and Law Enforce- PROHIBITION ON ASSISTANCE TO GOVERNMENTS SEC. 7016. Prior to providing excess Depart- ment’’, ‘‘Assistance for Europe, Eurasia and SUPPORTING INTERNATIONAL TERRORISM ment of Defense articles in accordance with Central Asia’’, ‘‘Economic Support Fund’’, section 516(a) of the Foreign Assistance Act SEC. 7021. (a) LETHAL MILITARY EQUIPMENT ‘‘Democracy Fund’’, ‘‘Peacekeeping Oper- EXPORTS.— ations’’, ‘‘Capital Investment Fund’’, ‘‘Oper- of 1961, the Department of Defense shall notify the Committees on Appropriations to (1) None of the funds appropriated or other- ating Expenses’’, ‘‘Conflict Stabilization Op- wise made available by titles III through VI erations’’, ‘‘Office of Inspector General’’, the same extent and under the same conditions as other committees pursuant to sub- of this Act may be available to any foreign ‘‘Nonproliferation, Anti-terrorism, Demining government which provides lethal military and Related Programs’’, ‘‘Millennium Chal- section (f) of that section: Provided, That before issuing a letter of offer to sell excess de- equipment to a country the government of lenge Corporation’’, ‘‘Global Security Con- which the Secretary of State has determined tingency Fund’’, ‘‘Foreign Military Financ- fense articles under the Arms Export Control Act, the Department of Defense shall notify supports international terrorism for pur- ing Program’’, ‘‘International Military Edu- poses of section 6(j) of the Export Adminis- cation and Training’’, ‘‘Pakistan Counter-In- the Committees on Appropriations in accordance with the regular notification proce- tration Act of 1979: Provided, That the prohi- surgency Capability Fund’’, and ‘‘Peace bition under this section with respect to a Corps’’, shall be available for obligation for dures of such Committees if such defense articles are significant military equipment (as foreign government shall terminate 12 activities, programs, projects, type of mate- months after that government ceases to pro- riel assistance, countries, or other oper- defined in section 47(9) of the Arms Export vide such military equipment: Provided fur- ations not justified or in excess of the Control Act) or are valued (in terms of origi- ther, That this section applies with respect amount justified to the Committees on Ap- nal acquisition cost) at $7,000,000 or more, or to lethal military equipment provided under propriations for obligation under any of if notification is required elsewhere in this a contract entered into after October 1, 1997. these specific headings unless the Commit- Act for the use of appropriated funds for spe- (2) Assistance restricted by paragraph (1) tees on Appropriations are notified 15 days in cific countries that would receive such ex- or any other similar provision of law, may be advance: Provided, That the President shall cess defense articles: Provided further, That furnished if the President determines that to not enter into any commitment of funds ap- such Committees shall also be informed of do so is important to the national interests propriated for the purposes of section 23 of the original acquisition cost of such defense of the United States. the Arms Export Control Act for the provi- articles. (3) Whenever the President makes a deter- sion of major defense equipment, other than LIMITATION ON AVAILABILITY OF FUNDS FOR mination pursuant to paragraph (2), the conventional ammunition, or other major INTERNATIONAL ORGANIZATIONS AND PROGRAMS President shall submit to the Committees on defense items defined to be aircraft, ships, SEC. 7017. Subject to the regular notifica- Appropriations a report with respect to the missiles, or combat vehicles, not previously tion procedures of the Committees on Appro- furnishing of such assistance, including a de- justified to Congress or 20 percent in excess priations, funds appropriated under titles III tailed explanation of the assistance to be of the quantities justified to Congress unless through VI of this Act and prior Acts mak- provided, the estimated dollar amount of the Committees on Appropriations are noti- ing appropriations for the Department of such assistance, and an explanation of how fied 15 days in advance of such commitment: State, foreign operations, and related pro- the assistance furthers United States na- Provided further, That requirements of this grams, which are returned or not made avail- tional interests. subsection or any similar provision of this or able for organizations and programs because any other Act shall not apply to any re- of the implementation of section 307(a) of (b) BILATERAL ASSISTANCE.— programming for an activity, program, or the Foreign Assistance Act of 1961, shall re- (1) Funds appropriated for bilateral assist- project for which funds are appropriated main available for obligation until Sep- ance in titles III through VI of this Act and under titles II through IV of this Act of less tember 30, 2013. funds appropriated under any such title in prior acts making appropriations for the De- than 10 percent of the amount previously PROHIBITION ON FUNDING FOR ABORTIONS AND partment of State, foreign operations, and justified to the Congress for obligation for INVOLUNTARY STERILIZATION such activity, program, or project for the related programs, shall not be made avail- SEC. 7018. None of the funds made available current fiscal year. able to any foreign government which the (d) Notwithstanding any other provision of to carry out part I of the Foreign Assistance President determines— law, with the exception of funds transferred Act of 1961, as amended, may be obligated or (A) grants sanctuary from prosecution to to, and merged with, funds appropriated expended for any country or organization if any individual or group which has com- under title I of this Act, funds transferred by the President certifies that the use of such mitted an act of international terrorism; or the Department of Defense to the Depart- funds by any such country or organization (B) otherwise supports international ter- ment of State and the United States Agency would violate any provisions related to abor- rorism. for International Development for assistance tions and involuntary sterilizations in sec- (2) The President may waive the applica- for foreign countries and international orga- tion 104(f)(1), (2), and (3) of such Act. tion of paragraph (1) to a government if the nizations, and funds made available for pro- ALLOCATIONS President determines that national security grams authorized by section 1206 of the Na- SEC. 7019. (a) Funds provided in this Act or humanitarian reasons justify such waiver: tional Defense Authorization Act for Fiscal shall be made available for programs and Provided, That the President shall publish Year 2006 (Public Law 109–163), shall be sub- countries in the amounts contained in the each such waiver in the Federal Register ject to the regular notification procedures of respective tables included in the report ac- and, at least 15 days before the waiver takes the Committees on Appropriations. companying this Act. effect, shall notify the Committees on Ap- (e) The requirements of this section or any (b) For the purposes of implementing this propriations of the waiver (including the jus- similar provision of this Act or any other section and only with respect to the tables tification for the waiver) in accordance with Act, including any prior Act requiring notifi- included in the report accompanying this the regular notification procedures of the cation in accordance with the regular notifi- Act, the Secretary of State, the Adminis- Committees on Appropriations.

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AUTHORIZATION REQUIREMENTS opment Association, is not eligible for assist- the separate account established pursuant to SEC. 7022. Funds appropriated by this Act, ance from the International Bank for Recon- subsection (a)(1) are used for the purposes except funds appropriated under the heading struction and Development, and does not ex- agreed upon pursuant to subsection (a)(2). ‘‘Trade and Development Agency’’, may be port on a consistent basis the agricultural (4) TERMINATION OF ASSISTANCE PRO- obligated and expended notwithstanding sec- commodity with respect to which assistance GRAMS.—Upon termination of assistance to a tion 10 of Public Law 91–672, section 15 of the is furnished; or country under chapter 1 or 10 of part I or State Department Basic Authorities Act of (2) activities in a country the President de- chapter 4 of part II of the Foreign Assistance 1956, section 313 of the Foreign Relations Au- termines is recovering from widespread con- Act of 1961 (as the case may be), any thorization Act, Fiscal Years 1994 and 1995 flict, a humanitarian crisis, or a complex unencumbered balances of funds which re- (Public Law 103–236), and section 504(a)(1) of emergency. main in a separate account established pur- the National Security Act of 1947 (50 U.S.C. (b) None of the funds appropriated by this suant to subsection (a) shall be disposed of 414(a)(1)). or any other Act to carry out chapter 1 of for such purposes as may be agreed to by the DEFINITION OF PROGRAM, PROJECT, AND part I of the Foreign Assistance Act of 1961 government of that country and the United ACTIVITY shall be available for any testing or breeding States Government. feasibility study, variety improvement or in- (5) REPORTING REQUIREMENT.—The USAID SEC. 7023. For the purpose of titles II Administrator shall report on an annual through VI of this Act ‘‘program, project, troduction, consultancy, publication, con- basis as part of the justification documents and activity’’ shall be defined at the appro- ference, or training in connection with the submitted to the Committees on Appropria- priations Act account level and shall include growth or production in a foreign country of tions on the use of local currencies for the all appropriations and authorizations Acts an agricultural commodity for export which administrative requirements of the United funding directives, ceilings, and limitations would compete with a similar commodity States Government as authorized in sub- with the exception that for the following ac- grown or produced in the United States: Pro- section (a)(2)(B), and such report shall in- counts: ‘‘Economic Support Fund’’ and ‘‘For- vided, That this subsection shall not pro- clude the amount of local currency (and eign Military Financing Program’’, ‘‘prohibit— United States dollar equivalent) used and/or gram, project, and activity’’ shall also be (1) activities designed to increase food se- to be used for such purpose in each applica- considered to include country, regional, and curity in developing countries where such ble country. central program level funding within each activities will not have a significant impact (b) SEPARATE ACCOUNTS FOR CASH TRANS- such account; for the development assistance on the export of agricultural commodities of the United States; FERS.— accounts of the United States Agency for (1) If assistance is made available to the International Development ‘‘program, (2) research activities intended primarily to benefit American producers; government of a foreign country, under project, and activity’’ shall also be consid- chapter 1 or 10 of part I or chapter 4 of part ered to include central, country, regional, (3) activities in a country that is eligible for assistance from the International Devel- II of the Foreign Assistance Act of 1961, as and program level funding, either as: cash transfer assistance or as nonproject sec- (1) justified to the Congress; or opment Association, is not eligible for assistance from the International Bank for Recon- tor assistance, that country shall be required (2) allocated by the executive branch in ac- to maintain such funds in a separate account struction and Development, and does not ex- cordance with a report, to be provided to the and not commingle them with any other port on a consistent basis the agricultural Committees on Appropriations within 30 funds. commodity with respect to which assistance days of the enactment of this Act, as re- (2) APPLICABILITY OF OTHER PROVISIONS OF is furnished; or quired by section 653(a) of the Foreign As- LAW.—Such funds may be obligated and ex- (4) activities in a country the President de- sistance Act of 1961. pended notwithstanding provisions of law termines is recovering from widespread con- AUTHORITIES FOR THE PEACE CORPS, INTER- which are inconsistent with the nature of flict, a humanitarian crisis, or a complex AMERICAN FOUNDATION AND AFRICAN DEVEL- this assistance including provisions which emergency. OPMENT FOUNDATION are referenced in the Joint Explanatory SEC. 7024. Unless expressly provided to the SEPARATE ACCOUNTS Statement of the Committee of Conference contrary, provisions of this or any other Act, SEC. 7026. (a) SEPARATE ACCOUNTS FOR accompanying House Joint Resolution 648 including provisions contained in prior Acts LOCAL CURRENCIES.— (House Report No. 98–1159). authorizing or making appropriations for the (1) If assistance is furnished to the govern- (3) NOTIFICATION.—At least 15 days prior to Department of State, foreign operations, and ment of a foreign country under chapters 1 obligating any such cash transfer or non- related programs, shall not be construed to and 10 of part I or chapter 4 of part II of the project sector assistance, the President shall prohibit activities authorized by or con- Foreign Assistance Act of 1961 under agree- submit a notification through the regular ducted under the Peace Corps Act, the Inter- ments which result in the generation of local notification procedures of the Committees American Foundation Act or the African De- currencies of that country, the Adminis- on Appropriations, which shall include a development Foundation Act: Provided, That trator of the United States Agency for Inter- tailed description of how the funds proposed the agency shall promptly report to the national Development (USAID) shall— to be made available will be used, with a dis- Committees on Appropriations whenever it (A) require that local currencies be depos- cussion of the United States interests that is conducting activities or is proposing to ited in a separate account established by will be served by the assistance (including, conduct activities in a country for which as- that government; as appropriate, a description of the economic sistance is prohibited. (B) enter into an agreement with that gov- policy reforms that will be promoted by such COMMERCE, TRADE AND SURPLUS COMMODITIES ernment which sets forth— assistance). SEC. 7025. (a) None of the funds appro- (i) the amount of the local currencies to be (4) EXEMPTION.—Nonproject sector assist- priated or made available pursuant to titles generated; and ance funds may be exempt from the require- III through VI of this Act for direct assist- (ii) the terms and conditions under which ments of subsection (b)(1) only through the ance and none of the funds otherwise made the currencies so deposited may be utilized, regular notification procedures of the Com- available to the Export-Import Bank and the consistent with this section; and mittees on Appropriations. (C) establish by agreement with that gov- Overseas Private Investment Corporation ELIGIBILITY FOR ASSISTANCE ernment the responsibilities of USAID and shall be obligated or expended to finance any SEC. 7027. (a) ASSISTANCE THROUGH NON- that government to monitor and account for loan, any assistance or any other financial GOVERNMENTAL ORGANIZATIONS.—Section 123 deposits into and disbursements from the commitments for establishing or expanding of the Foreign Assistance Act of 1961 (22 separate account. production of any commodity for export by U.S.C. 2151u) is amended by adding the fol- any country other than the United States, if (2) USES OF LOCAL CURRENCIES.—As may be lowing new subsection at the end: the commodity is likely to be in surplus on agreed upon with the foreign government, ‘‘(i)(1) Restrictions contained in this or world markets at the time the resulting pro- local currencies deposited in a separate ac- any other Act with respect to assistance for ductive capacity is expected to become oper- count pursuant to subsection (a), or an a country shall not be construed to restrict ative and if the assistance will cause sub- equivalent amount of local currencies, shall assistance in support of programs of non- stantial injury to United States producers of be used only— governmental organizations from— the same, similar, or competing commodity: (A) to carry out chapter 1 or 10 of part I or ‘‘(A) funds made available to carry out this Provided, That such prohibition shall not chapter 4 of part II of the Foreign Assistance chapter and chapters 10, 11, and 12 of part I apply to the Export-Import Bank if in the Act of 1961 (as the case may be), for such pur- and chapter 4 of part II; or judgment of its Board of Directors the bene- poses as— ‘‘(B) funds made available for economic as- fits to industry and employment in the (i) project and sector assistance activities; sistance activities under the Support for United States are likely to outweigh the in- or East European Democracy (SEED) Act of jury to United States producers of the same, (ii) debt and deficit financing; or 1989 (22 U.S.C. 5401 et seq.). similar, or competing commodity, and the (B) for the administrative requirements of ‘‘(2) The President shall submit to Con- Chairman of the Board so notifies the Com- the United States Government. gress, in accordance with section 634A, ad- mittees on Appropriations: Provided further, (3) PROGRAMMING ACCOUNTABILITY.—USAID vance notice of an intent to obligate funds That this subsection shall not prohibit— shall take all necessary steps to ensure that under the authority of this subsection to fur- (1) activities in a country that is eligible the equivalent of the local currencies dis- nish assistance in support of programs of for assistance from the International Devel- bursed pursuant to subsection (a)(2)(A) from nongovernmental organizations.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7552 CONGRESSIONAL RECORD — SENATE November 15, 2011 ‘‘(3) This subsection shall not apply— (1) best practices for legal burdens of proof; ble purchaser any concessional loan or por- ‘‘(A) with respect to section 620A of this (2) access to independent adjudicative bod- tion thereof made before January 1, 1995, Act or any comparable provision of law pro- ies, including external arbitration based on pursuant to the Foreign Assistance Act of hibiting assistance to governments that sup- consensus selection and shared costs; 1961, to the government of any eligible coun- port international terrorism; or (3) results that eliminate the effects of try as defined in section 702(6) of that Act or ‘‘(B) with respect to section 116 of this Act proven retaliation; and on receipt of payment from an eligible pur- or any comparable provision of law prohib- (4) a minimum of a 6-month statute of lim- chaser, reduce or cancel such loan or portion iting assistance to the government of a coun- itations for reporting retaliation. thereof, only for the purpose of facilitating— try that violates internationally recognized (c) The Secretary of the Treasury shall in- (A) debt-for-equity swaps, debt-for-develop- human rights. struct the United States executive director ment swaps, or debt-for-nature swaps; or ‘‘(4) Nothing in this subsection shall be of each international financial institution to (B) a debt buyback by an eligible country construed to alter any existing statutory oppose any loan, grant, strategy or policy of of its own qualified debt, only if the eligible prohibitions against abortion or involuntary such institution that would require user fees country uses an additional amount of the sterilization contained in this or any other or service charges on poor people for primary local currency of the eligible country, equal Act.’’. education or primary healthcare, including to not less than 40 percent of the price paid (b) PUBLIC LAW 480.—During fiscal year prevention, care and treatment for HIV/ for such debt by such eligible country, or the 2012, restrictions contained in this or any AIDS, malaria, tuberculosis, and infant, difference between the price paid for such other Act with respect to assistance for a child, and maternal health, in connection debt and the face value of such debt, to sup- country shall not be construed to restrict as- with such institution’s financing programs. port activities that link conservation and sistance under the Food for Peace Act (Pub- (d) The Secretary of the Treasury shall in- sustainable use of natural resources with lic Law 83–480, as amended): Provided, That struct the United States Executive Director local community development, and child sur- none of the funds appropriated to carry out of the International Monetary Fund (the vival and other child development, in a man- title I of such Act and made available pursu- Fund) to use the voice and vote of the United ner consistent with sections 707 through 710 ant to this subsection may be obligated or States to oppose any loan, project, agree- of the Foreign Assistance Act of 1961, if the expended except as provided through the reg- ment, memorandum, instrument, plan, or sale, reduction, or cancellation would not ular notification procedures of the Commit- other program of the Fund to a Heavily In- contravene any term or condition of any tees on Appropriations. debted Poor Country that imposes budget prior agreement relating to such loan. IMPACT ON JOBS IN THE UNITED STATES caps or restraints that do not allow the (2) TERMS AND CONDITIONS.—Notwith- SEC. 7028. None of the funds appropriated maintenance of or an increase in govern- standing any other provision of law, the under titles III through VI of this Act may mental spending on healthcare or education; President shall, in accordance with this sec- be obligated or expended to provide— and to promote government spending on tion, establish the terms and conditions (1) any financial incentive to a business en- healthcare, education, agriculture and food under which loans may be sold, reduced, or terprise currently located in the United security, or other critical safety net pro- canceled pursuant to this section. States for the purpose of inducing such an grams in all of the Fund’s activities with re- (3) ADMINISTRATION.—The Facility, as de- enterprise to relocate outside the United spect to Heavily Indebted Poor Countries. fined in section 702(8) of the Foreign Assist- States if such incentive or inducement is (e) The Secretary of the Treasury shall in- ance Act of 1961, shall notify the adminis- likely to reduce the number of employees of struct the United States executive directors trator of the agency primarily responsible such business enterprise in the United States of the international financial institutions to for administering part I of the Foreign As- because United States production is being reuse the voice and vote of the United States sistance Act of 1961 of purchasers that the placed by such enterprise outside the United to oppose any assistance by such institu- President has determined to be eligible, and States; or tions, using funds appropriated or made shall direct such agency to carry out the (2) assistance for any program, project, or available pursuant to titles III through VI of sale, reduction, or cancellation of a loan pur- activity that contributes to the violation of this Act, for the production or extraction of suant to this section: Provided, That such internationally recognized workers rights, as any commodity or mineral for export, if it is agency shall make adjustment in its ac- defined in section 507(4) of the Trade Act of in surplus on world markets and if the as- counts to reflect the sale, reduction, or can- 1974, of workers in the recipient country, in- sistance will cause substantial injury to cellation. cluding any designated zone or area in that United States producers of the same, similar, (4) LIMITATION.—The authorities of this country: Provided, That the application of or competing commodity. subsection shall be available only to the ex- (f) For the purposes of this Act ‘‘inter- section 507(4)(D) and (E) of such Act should tent that appropriations for the cost of the national financial institutions’’ shall mean be commensurate with the level of develop- modification, as defined in section 502 of the the International Bank for Reconstruction ment of the recipient country and sector, Congressional Budget Act of 1974, are made and Development, the International Develop- and shall not preclude assistance for the in- in advance. ment Association, the International Finance formal sector in such country, micro and (b) DEPOSIT OF PROCEEDS.—The proceeds Corporation, the Inter-American Develop- small-scale enterprise, and smallholder agri- from the sale, reduction, or cancellation of ment Bank, the International Monetary culture. any loan sold, reduced, or canceled pursuant Fund, the Asian Development Bank, the INTERNATIONAL FINANCIAL INSTITUTIONS to this section shall be deposited in the Asian Development Fund, the Inter-Amer- United States Government account or ac- SEC. 7029. (a) None of the funds appro- ican Investment Corporation, the North counts established for the repayment of such priated under title V of this Act may be American Development Bank, the European made as payment to any international finan- loan. Bank for Reconstruction and Development, (c) ELIGIBLE PURCHASERS.—A loan may be cial institution while the United States exec- the African Development Bank and the Afri- sold pursuant to subsection (a)(1)(A) only to utive director to such institution is com- can Development Fund. a purchaser who presents plans satisfactory pensated by the institution at a rate which, DEBT-FOR-DEVELOPMENT to the President for using the loan for the together with whatever compensation such purpose of engaging in debt-for-equity swaps, executive director receives from the United SEC. 7030. In order to enhance the contin- debt-for-development swaps, or debt-for-na- States, is in excess of the rate provided for ued participation of nongovernmental orga- ture swaps. an individual occupying a position at level nizations in debt-for-development and debt- (d) DEBTOR CONSULTATIONS.—Before the IV of the Executive Schedule under section for-nature exchanges, a nongovernmental or- sale to any eligible purchaser, or any reduc- 5315 of title 5, United States Code, or while ganization which is a grantee or contractor tion or cancellation pursuant to this section, any alternate United States executive direc- of the United States Agency for Inter- of any loan made to an eligible country, the tor to such institution is compensated by the national Development may place in interest President should consult with the country institution at a rate in excess of the rate bearing accounts local currencies which ac- concerning the amount of loans to be sold, provided for an individual occupying a posi- crue to that organization as a result of eco- reduced, or canceled and their uses for debt- tion at level V of the Executive Schedule nomic assistance provided under title III of for-equity swaps, debt-for-development under section 5316 of title 5, United States this Act and, subject to the regular notifica- swaps, or debt-for-nature swaps. Code. tion procedures of the Committees on Appro- (b) Of the funds appropriated under title V priations, any interest earned on such in- (e) AVAILABILITY OF FUNDS.—The authority of this Act that are available for payments vestment shall be used for the purpose for provided by subsection (a) may be used only to international financial institutions, 10 which the assistance was provided to that or- with regard to funds appropriated by this percent should not be obligated for any such ganization. Act under the heading ‘‘Debt Restruc- institution until the Secretary of the Treas- AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR turing’’. ury reports to the Committees on Appropria- SALES SPECIAL PROVISIONS tions that the institution is implementing SEC. 7031. (a) LOANS ELIGIBLE FOR SALE, SEC. 7032. (a) AFGHANISTAN, PAKISTAN, effective practices to protect whistleblowers REDUCTION, OR CANCELLATION.— IRAQ, LEBANON, VICTIMS OF WAR, DISPLACED (including the institution’s employees and (1) AUTHORITY TO SELL, REDUCE, OR CANCEL CHILDREN, AND DISPLACED BURMESE.—Funds others affected by the institution’s oper- CERTAIN LOANS.—Notwithstanding any other appropriated under titles III through VI of ations) from retaliation for internal and law- provision of law, the President may, in ac- this Act that are made available for assist- ful public disclosures, including— cordance with this section, sell to any eligi- ance for Afghanistan may be made available

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7553 notwithstanding section 7012 of this Act or be made available to support programs to the uses of circumvention and secure com- any similar provision of law and section 660 disarm, demobilize, and reintegrate into ci- munications technologies with the Adminis- of the Foreign Assistance Act of 1961, and vilian society former members of foreign ter- trator of the United States Agency for Inter- funds appropriated under titles III and VI of rorist organizations: Provided, That the Sec- national Development (USAID) and the this Act that are made available for assist- retary of State shall consult with the Com- Broadcasting Board of Governors, as appro- ance for Pakistan, Iraq, and Lebanon and for mittees on Appropriations prior to the obli- priate: Provided further, That the circumven- victims of war, displaced children, displaced gation of funds pursuant to this subsection: tion technologies and programs supported by Burmese, and to assist victims of trafficking Provided further, That for the purposes of this funds made available by this Act, Public Law in persons and, subject to the regular notifi- subsection the term ‘‘foreign terrorist orga- 111–117 or Public Law 112–10 shall undergo a cation procedures of the Committees on Ap- nization’’ means an organization designated peer review, to include an assessment of the propriations, to combat such trafficking, as a terrorist organization under section 219 protection against such technologies being may be made available notwithstanding any of the Immigration and Nationality Act. used for illicit purposes, including to further other provision of law except section 620M of (h) CONTINGENCIES.—During fiscal year the communications capabilities of extrem- the Foreign Assistance Act, as amended by 2012, the President may use up to $75,000,000 ist groups or their supporters: Provided fur- this Act. under the authority of section 451 of the For- ther, That prior to the obligation of funds, (b) WAIVER.— eign Assistance Act of 1961, notwithstanding the Secretary of State shall submit to the (1) The President may waive the provisions any other provision of law. Committees on Appropriations a report de- of section 1003 of Public Law 100–204 if the (i) CONSOLIDATION OF REPORTS.—The Sec- tailing planned expenditures of funds made President determines and certifies in writing retary of State, in coordination with the available for activities to promote Internet to the President pro tempore of the Senate, USAID Administrator, shall submit to the freedom: Provided further, That not later the Speaker of the House of Representatives, Committees on Appropriations not later than September 30, 2012, the Secretary of than 90 days after enactment of this Act rec- and the Committees on Appropriations that State, in coordination with the USAID Ad- ommendations for the consolidation or com- it is important to the national security in- ministrator, shall submit a report to the bination of reports (including plans and terests of the United States. Committees on Appropriations listing pro- strategies) that are called for by any provi- (2) PERIOD OF APPLICATION OF WAIVER.—Any grams supported by the Department of State sion of law to be submitted to the Congress waiver pursuant to paragraph (1) shall be ef- and USAID to promote Internet freedom, in- and that are substantially duplicative of oth- fective for no more than a period of 6 months cluding an assessment of the results of such ers called for by any other provision of law: at a time and shall not apply beyond 12 programs, and detailing how such programs Provided, That reports are considered ‘‘sub- months after the enactment of this Act. further, and are coordinated with cyber di- stantially duplicative’’ if they are required (3) Not later than 30 days after enactment plomacy and the United States International of this Act, the Secretary of State shall sub- to address at least more than half of the same substantive factors, criteria and issues Strategy for Cyberspace. mit to the Committees on Appropriations (k) ACCOUNTABILITY REVIEW BOARDS.—The that are required to be addressed by any specific recommendations on appropriate ac- authority provided by section 301(a)(3) of the other report, and any such consolidated re- tions to be taken with respect to the Pal- Omnibus Diplomatic Security and port must address all the substantive fac- estine Liberation Organization’s status in Antiterrorism Act of 1986 (22 U.S.C. tors, criteria and issues required to be ad- the United States, especially about the clos- 4831(a)(3)) shall remain in effect through Sep- dressed in each of the individual reports: Pro- ing of its office, if Palestine seeks to become tember 30, 2012. vided further, That reports affected by this a member or non-member state of the United (l) PARTNER VETTING.—The provisions of Nations outside an agreement negotiated be- subsection are those within the purview of, section 7034(o) of division F of Public Law tween Israel and the Palestinians. or prepared primarily by, the Department of 111–117 shall remain in effect through fiscal (c) SMALL BUSINESS.—In entering into mul- State and USAID and that relate to matters year 2012. tiple award indefinite-quantity contracts addressed under this Act or any other Act (m) MOTOR VEHICLE POLLUTION CONTROL.— with funds appropriated by this Act, the authorizing or appropriating funds for use Not later than 90 days after enactment of United States Agency for International De- by, or actions of, the Department of State or this Act, the head of each United States Gov- velopment (USAID) may provide an excep- USAID. ernment agency that receives funds appro- tion to the fair opportunity process for plac- (j) PROMOTION OF DEMOCRACY.— priated by this Act shall establish a policy to ing task orders under such contracts when (1) Funds made available by this Act that eliminate unnecessary idling of motor vehi- the order is placed with any category of are made available for the promotion of de- cles owned or leased by such department or small or small disadvantaged business. mocracy may be made available notwith- agency, and provide a copy of such policy to (d) RECONSTITUTING CIVILIAN POLICE AU- standing any other provision of law, and the Committees on Appropriations including THORITY.—In providing assistance with funds with regard to the National Endowment for an estimate of the amount of annual fuel appropriated by this Act under section Democracy, any regulation. savings that will result from such policy: 660(b)(6) of the Foreign Assistance Act of (2) For the purposes of funds appropriated Provided, That such policy may include ex- 1961, support for a nation emerging from in- by this Act, the term ‘‘promotion of democ- ceptions to accommodate important secu- stability may be deemed to mean support for racy’’ means programs that support good rity, health, or safety concerns, and if nec- regional, district, municipal, or other sub- governance, human rights, independent essary to perform an important job function, national entity emerging from instability, as media, and the rule of law, and otherwise ensure safe operating conditions, or to oper- well as a nation emerging from instability. strengthen the capacity of democratic polit- ate a motor vehicle in accordance with man- (e) EXTENSION OF AUTHORITY.—The Foreign ical parties, governments, nongovernmental ufacturer specifications. Operations, Export Financing, and Related organizations and institutions, and citizens (n) PROTECTIONS AND REMEDIES FOR EM- Programs Appropriations Act, 1990 (Public to support the development of democratic PLOYEES OF DIPLOMATIC MISSIONS AND INTER- Law 101–167) is amended— states, institutions, and practices that are NATIONAL ORGANIZATIONS.—The Secretary of (1) In section 599D (8 U.S.C. 1157 note)— responsive and accountable to citizens. State shall implement section 203(a)(2) of the (A) in subsection (b)(3), by striking ‘‘and (3) With respect to the provision of assist- William Wilberforce Trafficking Victims 2011’’ and inserting ‘‘2011, and 2012’’; and ance for democracy, human rights and gov- Protection Reauthorization Act of 2008 (Pub- (B) in subsection (e), by striking ‘‘June 1, ernance activities in this Act, the organiza- lic Law 110–457): Provided, That in deter- 2011’’ each place it appears and inserting tions implementing such assistance and the mining whether to suspend the issuance of ‘‘October 1, 2012’’; and specific nature of that assistance shall not A–3 or G–5 visas to applicants seeking to (2) in section 599E (8 U.S.C. 1255 note) in be subject to the prior approval by the gov- work for officials of a diplomatic mission or subsection (b)(2), by striking ‘‘2011’’ and in- ernment of any foreign country. international organization, the Secretary serting ‘‘2012’’. (4) Of the funds appropriated under the shall consider whether a final court judg- (f) WORLD FOOD PROGRAM.—Funds managed heading ‘‘Economic Support Fund’’, up to ment has been issued against a current or by the Bureau for Democracy, Conflict, and $25,000,000 shall be made available to the Bu- former employee of such mission or organi- Humanitarian Assistance, USAID, from this reau of Democracy, Human Rights and Labor zation (and the time period for a final appeal or any other Act, shall be made available as for programs to promote human rights by ex- has expired) or whether the Department of a general contribution to the World Food panding open and uncensored access to infor- State has requested that immunity of indi- Program, notwithstanding any other provi- mation and communication through the vidual diplomats or family members be sion of law. Internet, mobile phones, and other connec- waived to permit criminal prosecution: Pro- (g) DISARMAMENT, DEMOBILIZATION AND RE- tion technologies including digital safety vided further, That the Secretary should con- INTEGRATION.—Notwithstanding any other training, policy and advocacy, and the devel- tinue to assist in obtaining payment of final provision of law, regulation or Executive opment of circumvention and secure commu- court judgments awarded to A–3 and G–5 visa order, funds appropriated by this Act and nication technologies, as identified in the holders, including encouraging the sending prior Acts making appropriations for the De- Department of State’s Internet freedom states to provide compensation directly to partment of State, foreign operations, and strategy: Provided, That funds made avail- victims: Provided further, That the Secretary related programs under the headings ‘‘Eco- able by this section should be matched by shall include, in a manner the Secretary nomic Support Fund’’, ‘‘Peacekeeping Oper- sources other than the United States Gov- deems appropriate, all trafficking cases in- ations’’, ‘‘International Disaster Assist- ernment, as appropriate: Provided further, volving A–3 or G–5 visa holders in the Traf- ance’’, and ‘‘Transition Initiatives’’ should That the Secretary of State shall coordinate ficking in Persons annual report for which a

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7554 CONGRESSIONAL RECORD — SENATE November 15, 2011 final civil judgment has been issued (and the Law 84–885; sections 133(d), 620C(c) and United States investment and trade in the time period for final appeal has expired) or 620F(c) of Public Law 87–195; section 807 of Middle East and North Africa; the Department of Justice has determined Public Law 98–164; section 704(c) of Public (2) the Arab League boycott, which was re- that the United States Government would Law 101–179; section 104 of Public Law 102– grettably reinstated in 1997, should be imme- seek to indict the diplomat or a family mem- 511; section 560(g) of Public Law 103–87; sec- diately and publicly terminated, and the ber but for diplomatic immunity. tions 514(a) and 527(f) of Public Law 103–236; Central Office for the Boycott of Israel im- (o) MODIFICATION OF AMENDMENT.—Section section 605(c) of Appendix G, Public Law 106– mediately disbanded; 620J of the Foreign Assistance Act of 1961 113; sections 3203 and 3204(f) of division B of (3) all Arab League states should normalize (Limitation on Assistance to Security Public Law 106–246; section 564(g)(4) of Public relations with their neighbor Israel; Forces) is amended as follows: Law 106–429; section 304(f) of Public Law 107– (4) the President and the Secretary of (1) by redesignating the section as section 173; sections 694(a), 694(b), 702, 704 and 1321 of State should continue to vigorously oppose 620M; Public Law 107–228; and section 409(c) of Pub- the Arab League boycott of Israel and find (2) in subsection (a), by striking ‘‘evi- lic Law 108–447 are hereby repealed. concrete steps to demonstrate that opposi- dence’’ and inserting ‘‘information’’ and by (t) FEE.—Section 1(b)(2) of the Passport tion by, for example, taking into consider- striking ‘‘gross violations’’ and inserting ‘‘a Act of June 4, 1920 (22 U.S.C. 214(b)(2)) is ation the participation of any recipient gross violation’’; amended by striking ‘‘2011’’ and inserting in- country in the boycott when determining to (3) in subsection (b), by striking ‘‘meas- stead ‘‘2012’’. sell weapons to said country; and ures’’ and inserting ‘‘steps’’; and (u) CONFLICT STABILIZATION OPERATIONS (5) the President should report to Congress (4) by adding the following subsections: AUTHORITY.—Of the funds appropriated in annually on specific steps being taken by the ‘‘(d) CREDIBLE INFORMATION.—Not later title I of this Act under the heading ‘‘Diplo- United States to encourage Arab League than 180 days after the enactment of this matic and Consular Programs’’, up to states to normalize their relations with section, the Secretary shall establish, and $35,000,000, to remain available until ex- Israel to bring about the termination of the periodically update, procedures to— pended, may be made available pursuant to Arab League boycott of Israel, including ‘‘(1) ensure that for each country the De- the authorities under the heading ‘‘Civilian those to encourage allies and trading part- partment of State has a current list of all se- Stabilization Initiative’’ in title I of division ners of the United States to enact laws pro- curity force units receiving United States F of Public Law 111–117: Provided, That the hibiting businesses from complying with the training, equipment, or other types of assist- third and fourth proviso under such heading boycott and penalizing businesses that do ance; shall not apply to funds made available comply. ‘‘(2) facilitate receipt by the Department of under this subsection. PALESTINIAN STATEHOOD State and United States embassies of infor- (v) TRANSFER OF AUTHORITY.— SEC. 7034. (a) LIMITATION ON ASSISTANCE.— mation from individuals and organizations (1) The State Department Basic Authori- None of the funds appropriated under titles outside the United States Government about ties Act of 1956 is amended in section 1(c)(1) III through VI of this Act may be provided to gross violations of human rights by security (22 U.S.C. 2651a(c)(1)) by striking ‘‘24’’ and in- support a Palestinian state unless the Sec- force units; serting instead ‘‘26’’. retary of State determines and certifies to ‘‘(3) routinely request and obtain such in- (2) The Secretary of State may transfer the appropriate congressional committees formation from the Department of Defense, any authority, duty, or function assigned by that— the Central Intelligence Agency, and other statute to the Coordinator for Counterter- (1) the governing entity of a new Pales- United States Government sources; rorism, the Coordinator for Reconstruction tinian state— ‘‘(4) ensure that such information is evalu- and Stabilization, or the Coordinator for (A) has demonstrated a firm commitment ated and preserved; International Energy Affairs (or to their re- to peaceful co-existence with the State of ‘‘(5) ensure that when vetting an individual spective offices) to such other officials or of- Israel; for eligibility to receive United States train- fices of the Department of State as the Sec- (B) is taking appropriate measures to ing the individual’s unit is also vetted; retary may determine from time to time, counter terrorism and terrorist financing in ‘‘(6) seek to identify the unit involved following consultation with the Committees the West Bank and Gaza, including the dis- when credible information of a gross viola- on Appropriations. mantling of terrorist infrastructures, and is tion exists but the identity of the unit is (w) COUNTRY EXPENDITURES.—Except to re- cooperating with appropriate Israeli and lacking; and spond to humanitarian crises or natural or other appropriate security organizations; ‘‘(7) make publicly available, to the max- man-made disasters, or to promote democ- and imum extent practicable, the identity of racy or protect human rights, funds appro- (2) the Palestinian Authority (or the gov- those units for which the Secretary has cred- priated under the headings ‘‘Global Health erning entity of a new Palestinian state) is ible information. Programs’’, ‘‘Development Assistance’’, working with other countries in the region ‘‘(e) REPORT.—The Secretary shall provide ‘‘Economic Support Fund’’, ‘‘Millennium to vigorously pursue efforts to establish a a copy of the procedures to the Committees Challenge Corporation’’, and ‘‘International just, lasting, and comprehensive peace in the on Appropriations.’’ Narcotics Control and Law Enforcement’’ Middle East that will enable Israel and an (p) SECTIONS REPEALED.—Sections 494, 495, shall not be made available for programs and independent Palestinian state to exist within and 495B through 495K of the Foreign Assist- activities in any country whose government the context of full and normal relationships, ance Act of 1961 are hereby repealed. is not increasing its own budgetary expendi- which should include— (q) ANNUITANT WAIVER.— tures for such programs and activities. (1) Section 824 of the Foreign Service Act (A) termination of all claims or states of (x) PERSONNEL.—The authority provided by of 1980 (22 U.S.C. 4064) is amended in subsection 1113 of Public Law 111–32 shall re- belligerency; section (g)— main in effect through fiscal year 2012: Pro- (B) respect for and acknowledgment of the (A) in paragraph (1)(B), by inserting ‘‘to vided, That none of the funds appropriated or sovereignty, territorial integrity, and polit- positions in the Response Readiness Corps,’’ otherwise made available by this Act or any ical independence of every state in the area before ‘‘or to posts vacated’’; and other Act making appropriations for the De- through measures including the establish- (B) in paragraph (2), by striking ‘‘2011’’ and partment of State, foreign operations, and ment of demilitarized zones; inserting in lieu thereof ‘‘2013’’. related programs may be used to implement (C) their right to live in peace within se- (2) Section 61 of the State Department phase 3 of such authority. cure and recognized boundaries free from threats or acts of force; Basic Authorities Act of 1956 (22 U.S.C. 2733) (y) INTERNATIONAL CHILD ABDUCTIONS.—The is amended in subsection (a)— Secretary of State may withhold funds ap- (D) freedom of navigation through inter- (A) in paragraph (1), by inserting ‘‘to posi- propriated by this Act under the heading national waterways in the area; and tions in the Response Readiness Corps,’’ be- ‘‘Economic Support Fund’’ for assistance for (E) a framework for achieving a just settle- fore ‘‘or to posts vacated’’; and the central government of any country that ment of the refugee problem. (b) SENSE OF CONGRESS.—It is the sense of (B) in paragraph (2), by striking ‘‘2011’’ and the Secretary determines is not taking ap- Congress that the governing entity should inserting in lieu thereof ‘‘2013’’. propriate steps to comply with the Conven- enact a constitution assuring the rule of law, (3) Section 625 of the Foreign Assistance tion on the Civil Aspects of International an independent judiciary, and respect for Act of 1961 (22 U.S.C. 2385) is amended in sub- Child Abductions, done at the Hague on Oc- human rights for its citizens, and should section (j)(1)— tober 25, 1980: Provided, That the Secretary enact other laws and regulations assuring (A) in subparagraph (A), by inserting ‘‘to shall report to the Committees on Appro- transparent and accountable governance. positions in the Response Readiness Corps,’’ priations within 15 days of making any such (c) WAIVER.—The President may waive sub- before ‘‘or to posts vacated’’; and determination. (B) in subparagraph (B), by striking ‘‘2011’’ section (a) if the President determines that and inserting in lieu thereof ‘‘2013’’. ARAB LEAGUE BOYCOTT OF ISRAEL it is important to the national security in- (r) INCENTIVES FOR CRITICAL POSTS.—The SEC. 7033. It is the sense of the Congress terests of the United States to do so. authority contained in section 1115(d) of that— (d) EXEMPTION.—The restriction in sub- Public Law 111–32 shall remain in effect (1) the Arab League boycott of Israel, and section (a) shall not apply to assistance in- through fiscal year 2012. the secondary boycott of American firms tended to help reform the Palestinian Au- (s) REPORTS REPEALED.—Section 4(b) of that have commercial ties with Israel, is an thority and affiliated institutions, or the Public Law 79–264; section 51(a)(2) of Public impediment to peace in the region and to governing entity, in order to help meet the

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SEC. 7035. None of the funds appropriated (e) CERTIFICATION.—If the President exer- under titles II through VI of this Act may be or prior appropriations act, including funds made available by transfer, may be made cises the waiver authority under subsection obligated or expended to create in any part (b), the Secretary of State must certify and of Jerusalem a new office of any department available for obligation for security assistance for the West Bank and Gaza until the report to the Committees on Appropriations or agency of the United States Government prior to the obligation of funds that the Pal- for the purpose of conducting official United Secretary of State reports to the Commit- tees on Appropriations on the benchmarks estinian Authority has established a single States Government business with the Pales- treasury account for all Palestinian Author- tinian Authority over Gaza and Jericho or that have been established for security assistance for the West Bank and Gaza and re- ity financing and all financing mechanisms any successor Palestinian governing entity flow through this account, no parallel fi- ports on the extent of Palestinian compli- provided for in the Israel-PLO Declaration of nancing mechanisms exist outside of the Pal- ance with such benchmarks. Principles: Provided, That this restriction estinian Authority treasury account, and (d) AUDITS.— shall not apply to the acquisition of addi- there is a single comprehensive civil service (1) The Administrator of the United States tional space for the existing Consulate Gen- roster and payroll. Agency for International Development shall eral in Jerusalem: Provided further, That (f) PROHIBITION TO HAMAS AND THE PAL- ensure that Federal or non-Federal audits of meetings between officers and employees of ESTINE LIBERATION ORGANIZATION.— all contractors and grantees, and significant the United States and officials of the Pales- (1) None of the funds appropriated in titles subcontractors and sub-grantees, under the tinian Authority, or any successor Pales- III through VI of this Act may be obligated West Bank and Gaza Program, are conducted tinian governing entity provided for in the for salaries of personnel of the Palestinian at least on an annual basis to ensure, among Israel-PLO Declaration of Principles, for the Authority located in Gaza or may be obli- other things, compliance with this section. purpose of conducting official United States gated or expended for assistance to Hamas or (2) Of the funds appropriated by this Act up Government business with such authority any entity effectively controlled by Hamas, to $500,000 may be used by the Office of In- should continue to take place in locations any power-sharing government of which spector General of the United States Agency other than Jerusalem: Provided further, That Hamas is a member, or a government over for International Development for audits, in- as has been true in the past, officers and em- which Hamas exercises undue influence. spections, and other activities in furtherance ployees of the United States Government (2) Notwithstanding the limitation of sub- of the requirements of this subsection: Pro- may continue to meet in Jerusalem on other section (1), assistance may be provided to a vided, That such funds are in addition to subjects with Palestinians (including those power-sharing government only if the Presi- funds otherwise available for such purposes. who now occupy positions in the Palestinian dent certifies and reports to the Committees (e) Subsequent to the certification speci- Authority), have social contacts, and have on Appropriations that such government, in- fied in subsection (a), the Comptroller Gen- incidental discussions. cluding all of its ministers or such equiva- eral of the United States shall conduct an lent, has publicly accepted and is complying PROHIBITION ON ASSISTANCE TO THE audit and an investigation of the treatment, with the principles contained in section PALESTINIAN BROADCASTING CORPORATION handling, and uses of all funds for the bilat- 620K(b)(1)(A) and (B) of the Foreign Assist- SEC. 7036. None of the funds appropriated eral West Bank and Gaza Program, including ance Act of 1961, as amended. or otherwise made available by this Act may all funds provided as cash transfer assist- (3) The President may exercise the author- be used to provide equipment, technical sup- ance, in fiscal year 2012 under the heading ity in section 620K(e) of the Foreign Assist- port, consulting services, or any other form ‘‘Economic Support Fund’’, and such audit ance Act as added by the Palestinian Anti- of assistance to the Palestinian Broadcasting shall address— Terrorism Act of 2006 (Public Law 109–446) Corporation. (1) the extent to which such Program com- with respect to this subsection. ASSISTANCE FOR THE WEST BANK AND GAZA plies with the requirements of subsections (4) Whenever the certification pursuant to (b) and (c); and SEC. 7037. (a) OVERSIGHT.—For fiscal year paragraph (2) is exercised, the Secretary of 2012, 30 days prior to the initial obligation of (2) an examination of all programs, State shall submit a report to the Commit- funds for the bilateral West Bank and Gaza projects, and activities carried out under tees on Appropriations within 120 days of the Program, the Secretary of State shall certify such Program, including both obligations certification and every quarter thereafter on to the Committees on Appropriations that and expenditures. whether such government, including all of procedures have been established to assure (f) Funds made available in this Act for its ministers or such equivalent are con- the Comptroller General of the United States West Bank and Gaza shall be subject to the tinuing to comply with the principles con- will have access to appropriate United States regular notification procedures of the Com- tained in section 620K(b)(1)(A) and (B) of the financial information in order to review the mittees on Appropriations. Foreign Assistance Act of 1961, as amended: uses of United States assistance for the Pro- (g) Not later than 180 days after enactment Provided, That the report shall also detail gram funded under the heading ‘‘Economic of this Act, the Secretary of State shall sub- the amount, purposes and delivery mecha- Support Fund’’ for the West Bank and Gaza. mit a report to the Committees on Appro- nisms for any assistance provided pursuant priations updating the report contained in (b) VETTING.—Prior to the obligation of to the abovementioned certification and a funds appropriated by this Act under the section 2106 of chapter 2 of title II of Public full accounting of any direct support of such heading ‘‘Economic Support Fund’’ for as- Law 109–13. government. sistance for the West Bank and Gaza, the LIMITATION ON ASSISTANCE FOR THE (5) None of the funds appropriated under ti- Secretary of State shall take all appropriate PALESTINIAN AUTHORITY tles III through VI of this Act may be obligated for assistance for the Palestine Libera- steps to ensure that such assistance is not SEC. 7038. (a) PROHIBITION OF FUNDS.—None provided to or through any individual, pri- of the funds appropriated by this Act to tion Organization. vate or government entity, or educational carry out the provisions of chapter 4 of part NEAR EAST institution that the Secretary knows or has II of the Foreign Assistance Act of 1961 may SEC. 7039. (a) EGYPT.— reason to believe advocates, plans, sponsors, be obligated or expended with respect to pro- (1) Notwithstanding any other provision of engages in, or has engaged in, terrorist ac- viding funds to the Palestinian Authority. this Act, funds appropriated by this Act tivity nor, with respect to private entities or (b) WAIVER.—The prohibition included in under the heading ‘‘Foreign Military Financ- educational institutions, those that have as subsection (a) shall not apply if the Presi- ing Program’’ for assistance for Egypt may a principal officer of the entity’s governing dent certifies in writing to the Speaker of be transferred to, and merged with, funds ap- board or governing board of trustees any in- the House of Representatives, the President propriated for assistance for Egypt under the dividual that has been determined to be in- pro tempore of the Senate, and the Commit- heading ‘‘Economic Support Fund’’: Provided, volved in, or advocating terrorist activity or tees on Appropriations that waiving such That such transfer may only be made fol- determined to be a member of a designated prohibition is important to the national se- lowing consultation with, and subject to the foreign terrorist organization: Provided, That curity interests of the United States. regular notification procedures of, the Com- the Secretary of State shall, as appropriate, (c) PERIOD OF APPLICATION OF WAIVER.— mittees on Appropriations. establish procedures specifying the steps to Any waiver pursuant to subsection (b) shall (2)(A) None of the funds appropriated by be taken in carrying out this subsection and be effective for no more than a period of 6 this Act may be made available for assist- shall terminate assistance to any individual, months at a time and shall not apply beyond ance for the central Government of Egypt entity, or educational institution which the 12 months after the enactment of this Act. unless the Secretary of State certifies to the Secretary has determined to be involved in (d) REPORT.—Whenever the waiver author- Committees on Appropriations that such or advocating terrorist activity. ity pursuant to subsection (b) is exercised, government is meeting its obligations under (c) PROHIBITION.— the President shall submit a report to the the 1979 Egypt-Israel Peace Treaty. (1) None of the funds appropriated under ti- Committees on Appropriations detailing the (B) The Secretary of State may waive tles III through VI of this Act for assistance justification for the waiver, the purposes for paragraph (2)(A) if the Secretary determines

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and reports to the Committees on Appropria- a report detailing the administrative ex- (e) LEBANON.— tions that to do so is important to the na- penses of such fund: Provided further, That (1) None of the funds appropriated by this tional interests of the United States: Pro- each fund shall be governed by a Board of Di- Act may be made available for assistance for vided, That any such determination and re- rectors comprised of six private United the Government of Lebanon if such govern- port shall include a detailed justification for States citizens and three private citizens of ment is controlled by a foreign terrorist or- such waiver. each country, respectively, who have had ganization. (3)(A) Funds appropriated under the head- international business careers and dem- (2) Funds appropriated under the heading ing ‘‘Economic Support Fund’’ in this and onstrated expertise in international and ‘‘Foreign Military Financing Program’’ in prior Acts (including previously obligated emerging markets investment activities: this Act for assistance for Lebanon may be funds), may be made available, notwith- Provided further, That not later than 1 year made available only to professionalize the standing any other provision of law, for an after the entry into force of the initial grant Lebanese Armed Forces and to strengthen Egypt initiative, particularly for the specific agreement under this section and annually border security and combat terrorism, in- costs referred to in the authorities ref- thereafter, each fund shall prepare and make cluding training and equipping the Lebanese erenced herein, for the purpose of improving available to the public on an Internet Web Armed Forces to secure Lebanon’s borders, the lives of the Egyptian people through edu- site administered by the fund a detailed re- interdicting arms shipments, preventing the cation, investment in jobs and skills (includ- port on the fund’s activities during the pre- use of Lebanon as a safe haven for terrorist ing secondary and vocational education), and vious year: Provided further, That the author- groups, and to implement United Nations Se- access to finance for small and medium en- ity of any such fund or funds to provide as- curity Council Resolution 1701: Provided, sistance shall cease to be effective on De- terprise with emphasis on expanding oppor- That funds may not be made available for cember 31, 2022: Provided further, That funds tunities for women, as well as other appro- obligation until the Secretary of State pro- made available pursuant to this section shall priate market-reform and economic growth vides the Committees on Appropriations a be subject to prior consultation with the activities: Provided, That the provisions of detailed spending plan: Provided further, That Committees on Appropriations. title VI of Public Law 103–306 pertaining to (c) IRAN.— such plan shall not be considered as meeting funds for Jordan shall be deemed to apply to (1) It is the policy of the United States to the notification requirements under section any such initiative and to funds available seek to prevent Iran from achieving the ca- 7015 of this Act or under section 634A of the under this section to carry out such an ini- pability to produce or otherwise manufac- Foreign Assistance Act of 1961. tiative in the same manner as such cited pro- ture nuclear weapons, including by sup- (f) LIBYA.— visions apply to Jordan, subject to the fol- porting international diplomatic efforts to (1) Of the funds appropriated by this Act lowing provisos: Provided further, That sub- halt Iran’s uranium enrichment program, under the heading ‘‘Economic Support paragraph (b)(2) shall be deemed not to apply and the President should fully implement Fund’’, not less than $20,000,000 should be and the amount made available pursuant to and enforce the Iran Sanctions Act of 1996, as made available to promote democracy, this section as set forth in the report accom- amended (Public Law 104–172) as a means of transparent and accountable governance, panying this Act and incorporated herein encouraging foreign governments to require human rights, transitional justice, and the shall be deemed to apply in lieu of the figure state-owned and private entities to cease all rule of law in Libya, and for exchange pro- in subparagraph (b)(1): Provided further, That investment in, and support of, Iran’s energy grams between Libyan and American stu- the authority to reduce debt shall include sector and all exports of refined petroleum dents: Provided, That such funds shall be authority to exchange an outstanding obli- products to Iran. made available, to the maximum extent gation for a new obligation and to permit (2) None of the funds appropriated or other- practicable, on a cost matching basis. both principal and interest payments on new wise made available in this Act under the (2) None of the funds appropriated by this obligations to be deposited into a fund estab- heading ‘‘Export-Import Bank of the United Act may be made available for assistance for lished for such purpose, to be used in accord- States’’ may be used by the Export-Import Libya for the rehabilitation or reconstruc- ance with purposes set forth in an agreement Bank of the United States to provide any tion of infrastructure except on a loan basis between the United States and Egypt: Pro- new financing (including loans, guarantees, with terms favorable to the United States, vided further, That the authority of this other credits, insurance, and reinsurance) to and only following consultation with the paragraph shall only be made available after any person that is subject to sanctions under Committees on Appropriations. (g) MOROCCO.—Of the funds appropriated by the Secretary of State certifies to the Com- paragraph (2) or (3) of section 5(a) of the Iran this Act under the heading ‘‘Foreign Mili- mittees on Appropriations that the Govern- Sanctions Act of 1996 (Public Law 104–172). tary Financing Program’’ for assistance for ment of Egypt has held free and fair elec- (3) The reporting requirements in section Morocco, $1,000,000 shall be withheld from ob- tions and is implementing policies to protect 7043(c) in division F of Public Law 111–117 ligation until the Secretary of State submits the rights of journalists, due process, and shall continue in effect during fiscal year a report to the Committees on Appropria- freedoms of expression and association. 2012 as if part of this Act: Provided, That the (b) ENTERPRISE FUNDS.—Up to $60,000,000 of tions on steps being taken by the Govern- date in subsecton (c)(1) shall be deemed to be funds appropriated under the heading ‘‘Eco- ment of Morocco to— ‘‘September 31, 2012’’. nomic Support Fund’’ in this Act and prior (d) IRAQ.— (1) respect the right of individuals to acts making appropriations for the Depart- (1) Funds appropriated or otherwise made peacefully express their opinions regarding ment of State, foreign operations, and re- available by this Act for assistance for Iraq the status and future of the Western Sahara lated programs (and including previously ob- shall be made available in a manner that uti- and to document violations of human rights; ligated funds), that are available for assist- lizes Iraqi entities to the maximum extent and ance for Egypt, up to $20,000,000 of such funds practicable, and in accordance with the De- (2) provide unimpeded access to human that are available for assistance for Tunisia, rights organizations, journalists, and rep- up to $60,000,000 of such funds that are avail- partment of State’s April 9, 2009 ‘‘Guidelines for Government of Iraq Financial Participa- resentatives of foreign governments to the able for assistance for Pakistan, and up to Western Sahara. $60,000,000 of such funds that are available for tion in United States Government-Funded Civilian Foreign Assistance Programs and (h) SYRIA.—Notwithstanding any other assistance for Jordan, respectively, may be provision of law, funds appropriated by this made available notwithstanding any other Projects’’. (2) None of the funds appropriated or other- Act shall be made available to promote de- provision of law, to establish and operate one mocracy and protect human rights in Syria: or more enterprise funds for Egypt, Tunisia, wise made available by this Act may be used by the Government of the United States to Provided, That a portion of such funds should Pakistan, and Jordan, respectively: Provided, be programmed in coordination with the That provisions contained in section 201 of enter into a permanent basing rights agreement between the United States and Iraq. Government of Turkey and other govern- the Support for East European Democracy ments in the region, as appropriate. (SEED) Act of 1989 (excluding the provisions (3) Funds appropriated or otherwise made of subsections (b)(c)(d)(3) and (f) of that sec- available by this Act for security-related AIRCRAFT TRANSFER AND COORDINATION tion), shall be deemed to apply to any such programs in Iraq may only be made available SEC. 7040. (a) TRANSFER AUTHORITY.—Not- fund or funds, and to funds made available to if the Secretary of State certifies to the withstanding any other provision of law or such fund or funds, in order to enable such Committees on Appropriations that the Gov- regulation, aircraft procured with funds ap- fund or funds to provide assistance for pur- ernment of Iraq has committed to contrib- propriated by this Act and prior Acts mak- poses of this section: Provided further, That uting to, and sustaining, such programs, in- ing appropriations for the Department of section 7077 of division F of Public Law 111– cluding details on the manner in which such State, foreign operations, and related pro- 117 shall apply to any such fund or funds es- contributions and sustainment will be grams under the headings ‘‘Diplomatic and tablished pursuant to this subsection: Pro- achieved. Consular Programs’’, ‘‘International Nar- vided further, That not more than 5 percent (4) Of the funds appropriated by this Act cotics Control and Law Enforcement’’, ‘‘An- of the funds made available pursuant to this for assistance for Iraq under the heading dean Counterdrug Initiative’’ and ‘‘Andean subsection should be available for adminis- ‘‘Economic Support Fund’’, not less than Counterdrug Programs’’ may be used for any trative expenses of such fund or funds and $10,000,000 shall be made available for pro- other program and in any region, including not later than 1 year after the date of enact- grams and activities for which policy jus- for the transportation of active and standby ment of this Act, and annually thereafter tifications and decisions shall be the respon- Civilian Response Corps personnel and equip- until each fund is dissolved, each fund shall sibility of the United States Chief of Mission ment during a deployment: Provided, That submit to the Committees on Appropriations in Iraq. the responsibility for policy decisions and

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7557 justification for the use of such transfer au- are available for assistance for Colombia for tween civilians, including displaced persons, thority shall be the responsibility of the Sec- the procurement of chemicals for aerial drug and combatants, in their operations.’’. retary of State and the Deputy Secretary of eradication may be made available unless (ii) Subsection (b)(2) shall be applied by State and this responsibility shall not be del- the Secretary of State certifies to the Com- substituting ‘‘July 31, 2012’’ for the date con- egated. mittees on Appropriations that any com- tained therein; (b) PROPERTY DISPOSAL.—The authority plaints of harm to health or licit crops (iii) Subsection (c) shall be applied by sub- provided in subsection (a) shall apply only caused by such aerial eradication are thor- stituting ‘‘September 30, 2012’’ for the date after a determination by the Secretary of oughly investigated and evaluated, and fair contained therein; and State to the Committees on Appropriations compensation is paid in a timely manner for (iv) Subsection (d)(1) shall be applied by that the equipment is no longer required to meritorious claims: Provided further, That substituting ‘‘fiscal year 2012’’ for the fiscal meet programmatic purposes in the des- the Secretary shall submit a report to the year contained therein. ignated country or region: Provided, That Committees on Appropriations not later (C) REPORT.—Not later than 90 days after any such transfer shall be subject to prior than 6 months after enactment of this Act enactment of this Act, the Secretary of consultation with, and the regular notifica- and 6 months thereafter detailing the com- State shall submit a report to the Commit- tion procedures of, the Committees on Ap- plaints made during the previous 6 months, tees on Appropriations detailing any United propriations. the investigations conducted, and the States funding, assistance or other support (c) AIRCRAFT COORDINATION.— amount of compensation, if any: Provided for the DAS, its officials, employees, affili- (1) The uses of aircraft purchased or leased further, That such funds may not be made ates and contractors during the period 2002 by the Department of State and the United available for such purposes unless voluntary through 2010, including but not limited to States Agency for International Develop- eradication programs are not feasible and training, equipment, information sharing, ment (USAID) with funds made available in programs are being implemented by the technical assistance, and facilities construc- this Act or prior Acts making appropriations United States Agency for International De- tion: Provided, That to the maximum extent for the Department of State, foreign oper- velopment, the Government of Colombia, or possible the report shall be provided in un- ations, and related programs shall be coordi- other organizations, in consultation and co- classified form, but may also include a clas- nated under the authority of the appropriate ordination with local communities, to pro- sified annex. Chief of Mission: Provided, That such aircraft vide alternative sources of income in areas (c) GUATEMALA.— may be used to transport, on a reimbursable where security permits for small-acreage (1) Of the funds appropriated in this Act or non-reimbursable basis, Federal and non- growers and communities whose illicit crops under the heading ‘‘International Narcotics Federal personnel supporting the Depart- are targeted for aerial eradication: Provided Control and Law Enforcement’’ not less than ment of State and USAID programs and ac- further, That none of the funds appropriated $5,000,000 shall be made available for a tivities: Provided further, That official travel by this Act for assistance for Colombia shall United States contribution to the Inter- for other agencies for other purposes may be be made available for the cultivation or national Commission Against Impunity in processing of African oil palm, if doing so supported on a reimbursable basis, or with- Guatemala (CICIG). would contribute to significant loss of native out reimbursement when traveling on a (2) Funds appropriated under the heading species, disrupt or contaminate natural space available basis. ‘‘International Military Education and water sources, reduce local food security, or (2) The requirement and authorities of this Training’’ (IMET) that are available for as- cause the forced displacement of local peo- subsection shall only apply to aircraft, the sistance for the Guatemalan Army may only ple: Provided further, That funds appropriated primary purpose of which is the transpor- be made available for expanded IMET. by this Act may not be used for aerial drug tation of personnel. (3) None of the funds appropriated under eradication in Colombia’s national parks or the heading ‘‘Foreign Military Financing WESTERN HEMISPHERE reserves unless the Secretary of State cer- Program’’ may be made available for assist- SEC. 7041. (a) CENTRAL AMERICA AND THE tifies to the Committees on Appropriations CARIBBEAN.—Funds appropriated by this Act that there are no effective alternatives and ance for the Guatemalan Army, except that shall be made available for the Central the eradication is in accordance with Colom- such funds may be made available for the America Regional Security Initiative bian laws. Army Corps of Engineers only to improve disaster response capabilities and to partici- (CARSI) and for the Caribbean Basin Secu- (2) APPLICABILITY OF FISCAL YEAR 2009 PRO- pate in international peacekeeping oper- rity Initiative (CBSI) to strengthen the ca- VISIONS.— pacity and professionalism of civilian law (A) IN GENERAL.—Except as provided in ations. enforcement and judicial institutions. paragraph (2), the provisions of subsections (d) HAITI.— (b) COLOMBIA.— (b) through (f) of section 7046 of the Depart- (1) The Government of Haiti shall be eligi- (1) ASSISTANCE.— ment of State, Foreign Operations, and Re- ble to purchase defense articles and services (A) Funds appropriated by this Act and lated Programs Appropriations Act, 2009 (di- under the Arms Export Control Act (22 made available to the Department of State vision H of Public Law 111–8), as amended by U.S.C. 2751 et seq.), for the Coast Guard. for counter-narcotics or other law enforce- section 7046 (b)(2)(A) of division F of Public (2) Funds appropriated under the heading ment assistance for the Government of Co- Law 111–117, shall apply to funds appro- ‘‘Economic Support Fund’’ in this Act and lombia may be used to support a unified priated or otherwise made available by this prior Acts that are made available for assist- campaign against narcotics trafficking and Act for assistance for Colombia. ance for Haiti shall be made available, to the organizations designated as Foreign Ter- (B) EXCEPTIONS.—The following provisions maximum extent practicable, in a manner rorist Organizations and successor organiza- of section 7046 of division H of Public Law that emphasizes the participation of Haitian tions, and to take actions to protect human 111–8 shall apply to funds appropriated or civil society organizations and directly im- health and welfare in emergency cir- otherwise made available by this Act for as- proves the security, economic and social cumstances, including undertaking rescue sistance for Colombia as follows: well-being, and political status, of Haitian operations: Provided, That no United States (i) Subsection (b)(1)(B) is amended as fol- women and girls. Armed Forces personnel or United States ci- lows: (e) HONDURAS.—Funds appropriated by this vilian contractor employed by the United (I) By striking clause (i) and inserting the Act that are available for assistance for po- States will participate in any combat oper- following: lice forces in Honduras may not be made ation in connection with assistance made ‘‘(i) The Colombian Armed Forces are sus- available until the Secretary of State cer- available by this Act for Colombia: Provided pending those members, of whatever rank, tifies to the Committees on Appropriations further, That the President shall ensure that who have been credibly alleged to have vio- that the Government of Honduras is inves- if any helicopter procured with funds in this lated human rights, or to have aided, abetted tigating, prosecuting, and punishing police Act or prior Acts making appropriations for or benefitted from paramilitary organiza- officers who have violated human rights and the Department of State, foreign operations, tions or successor armed groups; all such the Honduran police are cooperating with ci- and related programs, is used to aid or abet cases are promptly referred to civilian juris- vilian judicial authorities in such cases. the operations of any illegal self-defense diction for investigation and prosecution, (f) MEXICO.—Funds appropriated by this group, paramilitary organization, illegal se- and the Colombian Armed Forces are no Act that are available to support anti-crime curity cooperative or successor organiza- longer opposing civilian judicial jurisdiction and counter-narcotics efforts in Mexico shall tions in Colombia, such helicopter shall be in such cases; and the Colombian Armed be made available to strengthen the capacity immediately returned to the United States: Forces are cooperating fully with civilian of civilian law enforcement and judicial in- Provided further, That none of the funds ap- prosecutors and judicial authorities.’’. stitutions. propriated by this Act or prior Acts making (II) By striking clause (iv) and inserting (g) TRADE CAPACITY.—Of the funds appro- appropriations for the Department of State, the following: priated by this Act, not less than $10,000,000 foreign operations, and related programs ‘‘(iv) The Government of Colombia is re- under the heading ‘‘Development Assist- may be made available for assistance for the specting the rights of human rights defend- ance’’ and not less than $10,000,000 under the Colombian Departamento Administrativo de ers, journalists, trade unionists, and other heading ‘‘Economic Support Fund’’ shall be Seguridad (DAS) or successor organizations. social activists, and the rights and territory made available for labor and environmental (B) None of the funds appropriated by this of indigenous and Afro-Colombian commu- capacity building activities relating to free Act under the heading ‘‘International Nar- nities; and the Colombian Armed Forces are trade agreements with countries of Central cotics Control and Law Enforcement’’ that implementing procedures to distinguish be- America, Peru and the Dominican Republic.

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SERBIA title I of this Act may be used for any United PROHIBITION ON PUBLICITY OR PROPAGANDA SEC. 7042. (a) Funds appropriated by this Nations peacekeeping mission that will in- SEC. 7051. No part of any appropriation Act may be made available for assistance for volve United States Armed Forces under the contained in this Act shall be used for pub- the central Government of Serbia after May command or operational control of a foreign licity or propaganda purposes within the 31, 2012, if the Secretary of State has sub- national, unless the President’s military ad- United States not authorized before the date mitted the report required in subsection (c). visors have submitted to the President a rec- of the enactment of this Act by the Con- (b) After May 31, 2012, the Secretary of the ommendation that such involvement is in gress: Provided, That not to exceed $25,000 Treasury should instruct the United States the national interests of the United States may be made available to carry out the pro- executive directors of the international fi- and the President has submitted to the Con- visions of section 316 of Public Law 96–533. nancial institutions to support loans and as- gress such a recommendation. LIMITATION ON RESIDENCE EXPENSES sistance to the Government of Serbia subject (b) ASSESSMENT.—Section 404(b)(2)(B) of to the condition in subsection (c). the Foreign Relations Authorization Act, SEC. 7052. Of the funds appropriated or (c) The report referred to in subsection (a) Fiscal Years 1994 and 1995 (22 U.S.C. 287e made available pursuant to title II of this is a report by the Secretary of State to the note) is amended by adding the following at Act, not to exceed $100,500 shall be for offi- Committees on Appropriations that the Gov- the end: cial residence expenses of the United States ernment of Serbia is cooperating with the ‘‘(vii) For assessments made during cal- Agency for International Development dur- International Criminal Tribunal for the endar year 2011 and 2012, 27.2 percent.’’. ing the current fiscal year: Provided, That former Yugoslavia, including apprehending ATTENDANCE AT INTERNATIONAL CONFERENCES appropriate steps shall be taken to assure and transferring indictees and providing in- SEC. 7047. None of the funds made available that, to the maximum extent possible, vestigators access to witnesses, documents, in this Act may be used to send or otherwise United States-owned foreign currencies are and other information. pay for the attendance of more than 50 em- utilized in lieu of dollars. (d) This section shall not apply to humani- ployees of agencies or departments of the UNITED STATES AGENCY FOR INTERNATIONAL tarian assistance or assistance to promote United States Government who are stationed DEVELOPMENT MANAGEMENT democracy. in the United States, at any single inter- (INCLUDING TRANSFER OF FUNDS) COMMUNITY-BASED POLICE ASSISTANCE national conference occurring outside the SEC. 7053. (a) AUTHORITY.—Up to $93,000,000 SEC. 7043. (a) AUTHORITY.—Funds made United States, unless the Secretary of State of the funds made available in title III of this available by titles III and IV of this Act to reports to the Committees on Appropriations Act to carry out the provisions of part I of carry out the provisions of chapter 1 of part that such attendance is important to the na- the Foreign Assistance Act of 1961, including I and chapters 4 and 6 of part II of the For- tional interest: Provided, That for purposes funds appropriated under the heading ‘‘As- eign Assistance Act of 1961, may be used, of this section the term ‘‘international con- sistance for Europe, Eurasia and Central notwithstanding section 660 of that Act, to ference’’ shall mean a conference attended Asia’’, may be used by the United States enhance the effectiveness and accountability by representatives of the United States Gov- Agency for International Development of civilian police authority through training ernment and of foreign governments, inter- (USAID) to hire and employ individuals in and technical assistance in human rights, national organizations, or nongovernmental the United States and overseas on a limited the rule of law, anti-corruption, strategic organizations. appointment basis pursuant to the authority planning, and through assistance to foster RESTRICTIONS ON UNITED NATIONS civilian police roles that support democratic of sections 308 and 309 of the Foreign Service DELEGATIONS Act of 1980. governance including assistance for pro- SEC. 7048. None of the funds made available grams to prevent conflict, respond to disas- (b) RESTRICTIONS.— under title I of this Act may be used to pay (1) The number of individuals hired in any ters, address sexual and gender-based vio- expenses for any United States delegation to lence, and foster improved police relations fiscal year pursuant to the authority con- any specialized agency, body, or commission tained in subsection (a) may not exceed 175. with the communities they serve. of the United Nations if such commission is (b) NOTIFICATION.—Assistance provided (2) The authority to hire individuals con- chaired or presided over by a country, the under subsection (a) shall be subject to the tained in subsection (a) shall expire on Sep- government of which the Secretary of State regular notification procedures of the Com- tember 30, 2013. has determined, for purposes of section 6(j)(1) mittees on Appropriations. (c) CONDITIONS.—The authority of sub- of the Export Administration Act of 1979 (50 section (a) should only be used to the extent PROHIBITION OF PAYMENTS TO UNITED NATIONS U.S.C. App. 2405(j)(1)), supports international that an equivalent number of positions that MEMBERS terrorism. are filled by personal services contractors or SEC. 7044. None of the funds appropriated PARKING FINES AND REAL PROPERTY TAXES other nondirect hire employees of USAID, or made available pursuant to titles III OWED BY FOREIGN GOVERNMENTS who are compensated with funds appro- through VI of this Act for carrying out the SEC. 7049. The terms and conditions of sec- priated to carry out part I of the Foreign As- Foreign Assistance Act of 1961, may be used tion 7055 of division F of Public Law 111–117 sistance Act of 1961, including funds appro- to pay in whole or in part any assessments, shall apply to this Act: Provided, That the priated under the heading ‘‘Assistance for arrearages, or dues of any member of the date ‘‘September 30, 2009’’ in subsection Europe, Eurasia and Central Asia’’, are United Nations or, from funds appropriated (f)(2)(B) shall be deemed to be ‘‘September 30, eliminated. by this Act to carry out chapter 1 of part I 2011’’. (d) PRIORITY SECTORS.—In exercising the of the Foreign Assistance Act of 1961, the authority of this section, primary emphasis costs for participation of another country’s LANDMINES AND CLUSTER MUNITIONS shall be placed on enabling USAID to meet delegation at international conferences held SEC. 7050. (a) LANDMINES.—Notwith- personnel positions in technical areas cur- under the auspices of multilateral or inter- standing any other provision of law, rently encumbered by contractor or other national organizations. demining equipment available to the United States Agency for International Develop- nondirect hire personnel. WAR CRIMES TRIBUNALS DRAWDOWN ment and the Department of State and used (e) PROGRAM ACCOUNT CHARGED.—The ac- SEC. 7045. If the President determines that in support of the clearance of landmines and count charged for the cost of an individual doing so will contribute to a just resolution unexploded ordnance for humanitarian pur- hired and employed under the authority of of charges regarding genocide or other viola- poses may be disposed of on a grant basis in this section shall be the account to which tions of international humanitarian law, the foreign countries, subject to such terms and such individual’s responsibilities primarily President may direct a drawdown pursuant conditions as the Secretary of State may relate: Provided, That funds made available to section 552(c) of the Foreign Assistance prescribe. to carry out this section may be transferred Act of 1961 of up to $30,000,000 of commodities (b) CLUSTER MUNITIONS.—No military as- to, and merged with, funds appropriated by and services for the United Nations War sistance shall be furnished for cluster muni- this Act in title II under the heading ‘‘Oper- Crimes Tribunal established with regard to tions, no defense export license for cluster ating Expenses’’. the former Yugoslavia by the United Nations munitions may be issued, and no cluster mu- (f) FOREIGN SERVICE LIMITED EXTENSIONS.— Security Council or such other tribunals or nitions or cluster munitions technology Individuals hired and employed by USAID, commissions as the Council may establish or shall be sold or transferred, unless— with funds made available in this Act or authorize to deal with such violations, with- (1) the submunitions of the cluster muni- prior Acts making appropriations for the De- out regard to the ceiling limitation con- tions, after arming, do not result in more partment of State, foreign operations, and tained in paragraph (2) thereof: Provided, than 1 percent unexploded ordnance across related programs, pursuant to the authority That the determination required under this the range of intended operational environ- of section 309 of the Foreign Service Act of section shall be in lieu of any determinations ments; and 1980, may be extended for a period of up to 4 otherwise required under section 552(c): Pro- (2) the agreement applicable to the assist- years notwithstanding the limitation set vided further, That funds made available pur- ance, transfer, or sale of such cluster muni- forth in such section. suant to this section shall be made available tions or cluster munitions technology speci- (g) DISASTER SURGE CAPACITY.—Funds ap- subject to the regular notification proce- fies that the cluster munitions will only be propriated under title III of this Act to carry dures of the Committees on Appropriations. used against clearly defined military targets out part I of the Foreign Assistance Act of PEACEKEEPING and will not be used where civilians are 1961, including funds appropriated under the SEC. 7046. (a) MISSIONS.—None of the funds known to be present or in areas normally in- heading ‘‘Assistance for Europe, Eurasia and appropriated or otherwise made available by habited by civilians. Central Asia’’, may be used, in addition to

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(d) Notwithstanding any other provision of and budget allocations, and the development (i) PERSONAL SERVICES CONTRACTORS.— law, to include minimum funding require- of indicators and evaluation mechanisms to Funds appropriated by this Act to carry out ments or funding directives, funds made measure the impact of United States policies chapter 1 of part I, chapter 4 of part II, and available by this Act and prior Acts making and programs on women and girls in foreign section 667 of the Foreign Assistance Act of appropriations for the Department of State, countries. 1961, and title II of the Agricultural Trade foreign operations, and related programs Development and Assistance Act of 1954, may GENDER-BASED VIOLENCE may be made available to respond to pan- be used by USAID to employ up to 40 per- SEC. 7057. (a) Funds appropriated under the demic outbreaks, subject to prior consulta- sonal services contractors in the United headings ‘‘Global Health Programs’’, ‘‘Devel- tion with, and the regular notification proce- States, notwithstanding any other provision opment Assistance’’, ‘‘Economic Support dures of, the Committees on Appropriations. of law, for the purpose of providing direct, Fund’’, and ‘‘International Narcotics Control interim support for new or expanded over- DEVELOPMENT GRANTS PROGRAM and Law Enforcement’’ in this Act shall be seas programs and activities managed by the SEC. 7055. Of the funds appropriated in title made available for sexual and gender-based agency until permanent direct hire per- III of this Act, not less than $45,000,000 shall violence prevention and response efforts, and sonnel are hired and trained: Provided, That be made available for the Development funds appropriated under the headings not more than 10 of such contractors shall be Grants Program established pursuant to sec- ‘‘International Disaster Assistance’’, ‘‘Com- assigned to any bureau or office: Provided tion 674 of the Department of State, Foreign plex Crises Fund’’ and ‘‘Migration and Ref- further, That not more than 15 of such con- Operations, and Related Programs Appro- ugee Assistance’’ should be made available tractors shall be for activities related to priations Act, 2008 (division J of Public Law for such efforts. USAID’s Afghanistan or Pakistan programs: 110–161), primarily for unsolicited proposals, (b) Programs and activities funded under Provided further, That such funds appro- to support grants of not more than $2,000,000 titles III and IV of this Act to train foreign priated to carry out title II of the Agricul- to small nongovernmental organizations: police, judicial, and military personnel, in- tural Trade Development and Assistance Act Provided, That funds made available under cluding for international peacekeeping oper- of 1954, may be made available only for per- this section are in addition to other funds ations, shall address, where appropriate, pre- sonal services contractors assigned to the Of- available for such purposes including funds vention and response to sexual and gender- fice of Food for Peace. designated by this Act by section 7063. based violence and trafficking in persons. (j) SENIOR FOREIGN SERVICE LIMITED AP- PROGRAMS TO PROMOTE GENDER EQUALITY (c) Not later than 180 days after enactment POINTMENTS.—Individuals hired pursuant to SEC. 7056. (a) Programs funded under title of this Act, the Secretary of State and the the authority provided by section 7059(o) of III of this Act shall include, where appro- Administrator of the United States Agency division F of Public Law 111–117 may be as- priate, efforts to improve the status of for International Development shall jointly signed to or support programs in Iraq, Af- women, including through gender consider- submit to the Committees on Appropriations ghanistan, or Pakistan with funds made ations in the planning, assessment, imple- a multi-year strategy to prevent and respond available in this Act and prior Acts making mentation, monitoring and evaluation of to violence against women and girls in coun- appropriations for the Department of State, such programs. tries where it is common: Provided, That the foreign operations, and related programs. (b) Funds appropriated under title III of strategy should reflect the input of local GLOBAL HEALTH ACTIVITIES this Act shall be made available to support women’s organizations in such countries and SEC. 7054. (a) Funds appropriated by titles programs to expand economic opportunities include achievable and sustainable goals, III and IV of this Act that are made avail- for poor women in developing countries, in- benchmarks for measuring progress, and ex- able for bilateral assistance for global health cluding increasing the number and capacity pected results: Provided further, That the activities including activities relating to re- of women-owned enterprises, improving strategy should include regular engagement search on, and the prevention, treatment and property rights for women, increasing wom- with men and boys as community leaders control of, HIV/AIDS may be made available en’s access to financial services and capital, and advocates in ending violence against notwithstanding any other provision of law enhancing the role of women in economic de- women and girls. except for provisions under the heading cisionmaking at the local, national and RECONCILIATION PROGRAMS ‘‘Global Health Programs’’ and the United international levels, and improving women’s SEC. 7058. Of the funds appropriated by States Leadership Against HIV/AIDS, Tuber- ability to participate in the global economy. title III of this Act under the headings ‘‘Eco- culosis, and Malaria Act of 2003 (117 Stat. 711; (c) Funds appropriated under title III of nomic Support Fund’’ and ‘‘Development As- 22 U.S.C. 7601 et seq.), as amended: Provided, this Act shall be made available to increase sistance’’, $26,000,000 shall be made available That of the funds appropriated under title III political opportunities for women, including to support people to people reconciliation of this Act, not less than $700,000,000 shall be strengthening protections for women’s per- programs which bring together individuals of made available for family planning/reproduc- sonal status, increasing women’s participa- different ethnic, religious and political back- tive health, including in areas where popu- tion in elections, and enhancing women’s po- grounds from areas of civil strife and war, of lation growth threatens biodiversity or en- sitions in government and role in govern- which $10,000,000 shall be made available for dangered species. ment decisionmaking. such programs in the Middle East: Provided, (b) Not later than 90 days after enactment (d) Funds appropriated under in title III of That the Administrator of the United States of this Act, the Secretary of State, in con- this Act for food security and agricultural Agency for International Development shall sultation with the Administrator of the development shall take into consideration consult with the Committees on Appropria- United States Agency for International De- the unique needs of women, and technical as- tions, prior to the initial obligation of funds, velopment (USAID) shall submit to the Com- sistance for women farmers should be a pri- on the uses of such funds. mittees on Appropriations a report on any ority. cost savings that could be achieved by (e) The Secretary of State, in consultation REQUESTS FOR DOCUMENTS transitioning the function, role, and duties with the heads of other relevant Federal SEC. 7059. None of the funds appropriated of the Office of the United States Global agencies, shall develop a National Action or made available pursuant to titles III AIDS Coordinator into USAID. Plan in accordance with United Nations Se- through VI of this Act shall be available to

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Development. spective host governments; and (h) SUDAN LIMITATION ON ASSISTANCE.— PROHIBITION ON USE OF TORTURE (D) the benchmarks for measuring the (1) Subject to paragraph (2): (A) Notwithstanding any other provision of SEC. 7060. (a) None of the funds made avail- strengths and weaknesses in implementing law, none of the funds appropriated by this able in this Act may be used to support or such strategy. Act may be made available for assistance for justify the use of torture, cruel or inhumane (c) CRISIS RESPONSE.—Notwithstanding any the Government of Sudan unless the Sec- treatment by any official or contract em- other provision of law, up to $15,000,000 of the retary of State certifies to the Committees ployee of the United States Government. funds appropriated by this Act under the (b) Not later than 90 days after enactment heading ‘‘Global Health Programs’’ for HIV/ on Appropriations that such government— (i) has lifted the state of emergency in of this Act, the Secretary of State shall sub- AIDS activities may be transferred to, and Darfur; mit to the Committees on Appropriations a merged with, funds appropriated under the (ii) is cooperating with and participating report identifying those countries receiving headings ‘‘Complex Crises Fund’’, ‘‘Inter- in good faith in an internationally recog- United States assistance from funds appro- national Disaster Assistance’’, ‘‘Economic nized peace process for Darfur; priated by this Act whose police, military, or Support Fund’’, and ‘‘Migration and Refugee (iii) is permitting access and freedom of other security forces have been credibly al- Assistance’’ to respond to unanticipated cri- movement for the United Nations/African leged to use torture, as determined by the ses in Africa, except that funds shall not be Union Hybrid Mission in Darfur and the de- Assistant Secretary of State for Democracy, transferred unless the Secretary of State livery of humanitarian assistance in Darfur, Human Rights and Labor based on the De- certifies to the Committees on Appropria- tions that no individual currently on anti- and is respecting international humanitarian partment of State’s most recent Human law; Rights Report and other relevant informa- retroviral therapy supported by such funds shall be negatively impacted by the transfer (iv) is not engaging in provocative military tion. operations within Sudan or cross-border de- (c) Funds appropriated by this Act to carry of such funds: Provided, That the authority stabilization; and out the provisions of chapters 1, 10, 11, and 12 of this subsection shall be subject to prior (v) has reached a mutually acceptable of part I and chapter 4 of part II of the For- consultation with the Committees on Appro- agreement with the Republic of South Sudan eign Assistance Act of 1961, and the Support priations. (d) EXPANDED INTERNATIONAL MILITARY regarding the status of Abyei and other out- for East European Democracy (SEED) Act of EDUCATION AND TRAINING.— standing issues related to implementation of 1989, shall be made available, notwith- (1) Funds appropriated under the heading the Comprehensive Peace Agreement (CPA), standing section 660 of the Foreign Assist- ‘‘International Military Education and including matters related to oil revenues and ance Act of 1961, for assistance to eliminate Training’’ (IMET) in this Act that are made the transit of oil. torture by foreign police, military or other available for assistance for Angola, Cam- (B) None of the funds appropriated by this security forces in countries identified in the eroon, Central African Republic, Chad, Coˆ te Act may be made available for the cost, as report required in subsection (b). d’Ivoire, Guinea and Zimbabwe may be made defined in section 502, of the Congressional AFRICA available only for expanded IMET. Budget Act of 1974, of modifying loans and SEC. 7061. (a) CONFLICT MINERALS.— (2) None of the funds appropriated under loan guarantees held by the Government of (1) None of the funds appropriated by this the heading ‘‘International Military Edu- Sudan, including the cost of selling, reduc- Act under the heading ‘‘Foreign Military Fi- cation and Training’’ in this Act may be ing, or canceling amounts owed to the nancing Program’’ may be made available made available for assistance for Equatorial United States, and modifying concessional for assistance for Rwanda or Uganda if the Guinea or Somalia. loans, guarantees, and credit agreements. Secretary of State has credible evidence that (e) ETHIOPIA.— (2) The limitations of paragraph (1) shall the Government of Rwanda or the Govern- (1) Funds appropriated by this Act under not apply to— ment of Uganda is providing political, mili- the heading ‘‘Foreign Military Financing (A) humanitarian assistance; tary or financial support to armed groups in Program’’ that are available for assistance (B) assistance for the Darfur region, South- the Democratic Republic of the Congo (DRC) for Ethiopia shall not be made available un- ern Kordofan, Blue Nile, White Nile, Sennar, that are involved in the illegal exportation less the Secretary of State— other marginalized areas in Sudan, and the of minerals out of the DRC or have violated (A) certifies to the Committees on Appro- Abyei area; and human rights. priations that the Government of Ethiopia is (C) assistance to support implementation (2) The restriction in paragraph (1) shall implementing policies to respect due process of the CPA, mutually agreed upon arrange- not apply to assistance to improve border and freedoms of expression and association, ments related to post-referendum issues as- controls to prevent the illegal exportation of and is permitting access to human rights and sociated with the CPA, or to promote peace minerals out of the DRC by such groups, to humanitarian organizations to the Somalia and stability between Sudan and the Repub- protect relief efforts, or to support the train- region of Ethiopia; and lic of South Sudan, or any other internation- ing and deployment of members of the Rwan- (B) submits a report to such Committees ally recognized viable peace agreement in dan or Ugandan militaries in international on the types and amounts of United States Sudan. peacekeeping operations. training and equipment proposed to be pro- (i) SOUTH SUDAN.— (b) COUNTER-TERRORISM PROGRAMS.— vided to the Ethiopian military including (1) Funds appropriated by this Act should (1) Of the funds appropriated by this Act, steps that will be taken to ensure that such be made available for assistance for South not less than $52,800,000 should be made assistance is not provided to military units Sudan including to increase agricultural pro- available for the Trans-Sahara Counter-ter- or personnel that have violated human ductivity, expand educational opportunities rorism Partnership program, and not less rights, and steps taken by the Government of especially for girls, strengthen democratic than $21,300,000 should be made available for Ethiopia to investigate and prosecute mem- institutions and the rule of law, and enhance the Partnership for Regional East Africa bers of the Ethiopian military who have been the capacity of the Federal Legislative As- Counter-terrorism program. credibly alleged to have violated such rights. sembly to conduct oversight over govern- (2) In addition to such sums that may oth- (2) The restriction in paragraph (1) shall ment revenues and expenditures. erwise be made available, of the funds appro- not apply to assistance to Ethiopian mili- (2) Not less than 15 days prior to the obli- priated by this Act under the heading ‘‘Eco- tary efforts in support of international gation of funds appropriated by this Act that nomic Support Fund’’, $10,000,000 shall be peacekeeping operations and for assistance are available for assistance for the Govern- made available for programs to counter ex- to the Ethiopian Defense Command and Staff ment of South Sudan, the Secretary of State tremism in East Africa. College. shall submit a report to the Committees on (3) Not later than 90 days after enactment (f) THE GAMBIA.—The Secretary of the Appropriations detailing the extent to which of this Act, the Secretary of State, in con- Treasury shall instruct the United States ex- the Government of South Sudan is— sultation with the Secretary of Defense, ecutive directors of the international finan- (A) supporting freedom of expression, the shall submit a report to the Committees on cial institutions to vote against any loan, establishment of democratic institutions in- Appropriations detailing— agreement, or other financial support for the cluding an independent judiciary, par- (A) the United States Government’s multi- Gambia, except to meet basic human needs, liament, and security forces that are ac- year strategy for combating terrorism in Af- unless the Secretary of State certifies to the countable to civilian authority; and rica; Committees on Appropriations that the Gov- (B) investigating and punishing members (B) the amount of funding provided, by ac- ernment of the Gambia is taking effective of security forces who have violated human count, to implement such a strategy, and a steps to release and account for political rights. brief description of counter-terrorism pro- prisoners. (3) The Secretary of State shall seek to ob- grams implemented on a country-by-country (g) KENYA.—Funds appropriated by this tain regular audits of the financial accounts basis; Act under the heading ‘‘Foreign Military Fi- of the Government of South Sudan to ensure (C) the mechanisms for coordinating such nancing Program’’ that are available for as- transparency and accountability of funds, in- assistance between the Department of State, sistance for Kenya should not be made avail- cluding revenues from the extraction of oil

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7561 and gas, and the timely, public disclosure of (2) None of the funds appropriated by this Indonesia, not less than $400,000 should be such audits: Provided, That the Secretary Act shall be made available for assistance made available for grants for capacity build- should assist the Government of South for the central Government of Zimbabwe, ex- ing of Indonesian human rights organiza- Sudan in conducting such audits, and by pro- cept for health, education, and macro- tions, including in Papua. viding technical assistance to enhance the economic growth assistance, unless the Sec- (e) PEOPLE’S REPUBLIC OF CHINA.— capacity of the National Auditor Chamber to retary of State makes the determination re- (1) None of the funds appropriated under carry out its responsibilities, and shall sub- quired in paragraph (1). the heading ‘‘Diplomatic and Consular Pro- mit a report not later than 90 days after en- ASIA grams’’ in this Act may be obligated or ex- actment of this Act to the Committees on pended for processing licenses for the export SEC. 7062. (a) TIBET.— Appropriations detailing the steps that will of satellites of United States origin (includ- (1) The Secretary of the Treasury should be taken by the Government of South Sudan, ing commercial satellites and satellite com- instruct the United States executive director which are additional to those taken in the ponents) to the People’s Republic of China of each international financial institution to previous fiscal year, to improve natural re- unless, at least 15 days in advance, the Com- use the voice and vote of the United States source management and ensure transparency mittees on Appropriations are notified of to support projects in Tibet if such projects and accountability of funds. such proposed action. do not provide incentives for the migration (j) UGANDA.—Of the funds appropriated by (2) The terms and requirements of section and settlement of non-Tibetans into Tibet or this Act under the headings ‘‘Development 620(h) of the Foreign Assistance Act of 1961 facilitate the transfer of ownership of Ti- Assistance’’ and ‘‘International Narcotics shall apply to foreign assistance projects or betan land and natural resources to non-Ti- Control and Law Enforcement’’, not less activities of the People’s Liberation Army betans; are based on a thorough needs-assess- than $1,000,000 shall be made available to im- (PLA) of the People’s Republic of China, to ment; foster self-sufficiency of the Tibetan prove physical access, telecommunications include such projects or activities by any en- people and respect Tibetan culture and tradi- infrastructure, and early-warning mecha- tity that is owned or controlled by, or an af- tions; and are subject to effective moni- nisms in areas affected by the Lord’s Resist- filiate of, the PLA: , That none of toring. Provided ance Army (LRA), and not less than the funds appropriated or otherwise made (2) Notwithstanding any other provision of $1,000,000 shall be made available to support available pursuant to this Act may be used the disarmament, demobilization and re- law, not less than $7,500,000 of the funds ap- to finance any grant, contract, or coopera- integration of former LRA combatants, espe- propriated by this Act under the heading tive agreement with the PLA, or any entity cially child soldiers. ‘‘Economic Support Fund’’ should be made that the Secretary of State has reason to be- (k) WAR CRIMES IN AFRICA.— available to nongovernmental organizations lieve is owned or controlled by, or an affil- (1) The Congress reaffirms its support for to support activities which preserve cultural iate of, the PLA. the efforts of the International Criminal Tri- traditions and promote sustainable develop- (3) Notwithstanding any other provision of bunal for Rwanda (ICTR) and the Special ment and environmental conservation in Ti- law and subject to prior consultation with, Court for Sierra Leone (SCSL) to bring to betan communities in the Tibetan Autono- and the regular notification procedures of, justice individuals responsible for war mous Region and in other Tibetan commu- the Committees on Appropriations, of the crimes and crimes against humanity in a nities in China. funds appropriated under the heading ‘‘Eco- timely manner. (b) BURMA.— (2) Funds appropriated by this Act, includ- (1) The Secretary of the Treasury shall in- nomic Support Fund’’, not less than ing funds for debt restructuring, may be struct the United States executive directors $20,000,000 shall be made available to United made available for assistance for the central of the international financial institutions to States institutions of higher education and government of a country in which individ- vote against any loan, agreement, or other nongovernmental organizations for programs uals indicted by the ICTR and the SCSL are financial support for Burma. and activities in the People’s Republic of credibly alleged to be living, if the Secretary (2) Funds appropriated by this Act may be China relating to democracy, governance, of State determines and reports to the Com- made available for assistance for Burma not- rule of law, and the environment. mittees on Appropriations that such govern- withstanding any other provision of law, ex- (f) PHILIPPINES.—Of the funds appropriated ment is cooperating with the ICTR and the cept no such funds shall be made available to by this Act under the heading ‘‘Foreign Mili- SCSL, including the apprehension, sur- the State Peace and Development Council, tary Financing Program’’ that are available render, and transfer of indictees in a timely or its successor, and its affiliated organiza- for assistance for the Philippines, $3,000,000 manner: Provided, That this subsection shall tions: Provided, That such funds shall be may not be obligated until the Secretary of not apply to assistance provided under sec- made available to support programs in State submits to the Committees on Appro- tion 551 of the Foreign Assistance Act of 1961 Burma, along Burma’s borders, and for Bur- priations the report on the Philippines re- or to project assistance under title VI of this mese groups and organizations located out- quired under such heading in the report ac- Act: Provided further, That the United States side Burma: Provided further, That not less companying this Act. (g) TIMOR-LESTE.—Of the funds appro- shall use its voice and vote in the United Na- than $5,000,000 shall be made available for priated by this Act under the heading ‘‘Eco- tions Security Council to fully support ef- community-based organizations operating in nomic Support Fund’’, not less than forts by the ICTR and the SCSL to bring to Thailand to provide food, medical, and other $1,000,000 shall be made available for higher justice individuals indicted by such tribunals humanitarian assistance to internally dis- education scholarships in Timor-Leste. in a timely manner. placed persons in eastern Burma, in addition (h) VIETNAM.—Of the funds appropriated (3) The prohibition in paragraph (2) may be to assistance for Burmese refugees appro- under the heading ‘‘Economic Support waived on a country-by-country basis if the priated under the heading ‘‘Migration and Fund’’, not less than $15,000,000 shall be made President determines that doing so is in the Refugee Assistance’’ in this Act: Provided available for remediation of dioxin contami- national security interest of the United further, That any new program or activity nated sites in Vietnam and may be made States: Provided, That prior to exercising initiated with funds made available by this available for assistance for the Government such waiver authority, the President shall Act shall be subject to prior consultation of Vietnam, including the military, for such submit a report to the Committees on Appro- with the Committees on Appropriations, and purposes, and not less than $5,000,000 under priations, in classified form if necessary, all such funds shall be subject to the regular the heading ‘‘Development Assistance’’ shall on— notification procedures of the Committees be made available for related health/dis- (A) the steps being taken to obtain the co- on Appropriations. ability activities. operation of the government in apprehending (c) CAMBODIA.—Funds made available in and surrendering the indictee in question to this Act for a United States contribution to INDEPENDENT STATES OF THE FORMER SOVIET the court of jurisdiction; a Khmer Rouge tribunal may only be made UNION (B) a strategy, including a timeline, for available if the Secretary of State certifies SEC. 7063. (a) None of the funds appro- bringing the indictee before such court; and to the Committees on Appropriations that priated under the heading ‘‘Assistance for (C) the justification for exercising the the United Nations and the Government of Europe, Eurasia and Central Asia’’ may be waiver authority. Cambodia are taking effective steps to ad- made available for assistance for a govern- (l) ZIMBABWE.— dress allegations of corruption and mis- ment of an Independent State of the former (1) The Secretary of the Treasury shall in- management within the tribunal. Soviet Union if that government directs any struct the United States executive director (d) INDONESIA.— action in violation of the territorial integ- of each international financial institution to (1) Of the funds appropriated by this Act rity or national sovereignty of any other vote against any extension by the respective under the heading ‘‘Foreign Military Financ- Independent State of the former Soviet institution of any loans or grants to the Gov- ing Program’’ that are available for assist- Union, such as those violations included in ernment of Zimbabwe, except to meet basic ance for Indonesia, $2,000,000 may not be obli- the Helsinki Final Act, unless the Secretary human needs or to promote democracy, un- gated until the Secretary of State submits to of State determines that to do so is in the less the Secretary of State determines and the Committees on Appropriations the re- national security interests of the United reports in writing to the Committees on Ap- port on Indonesia required under such head- States. propriations that the rule of law has been re- ing in the report accompanying this Act. (b) Funds appropriated under the heading stored in Zimbabwe, including respect for (2) Of the funds appropriated by this Act ‘‘Assistance for Europe, Eurasia and Central ownership and title to property, freedom of under the heading ‘‘Economic Support Asia’’ for the Russian Federation, Armenia, speech and association. Fund’’ that are available for assistance for Azerbaijan, Kazakhstan, and Uzbekistan

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7562 CONGRESSIONAL RECORD — SENATE November 15, 2011 shall be subject to the regular notification ecuting, sanctioning and/or removing cor- managed fund to support the reconciliation procedures of the Committees on Appropria- rupt officials from office and implementing with and disarmament, demobilization and tions. financial transparency and accountability reintegration into Afghan society of former (c) Section 907 of the FREEDOM Support measures for government institutions and of- combatants who have renounced violence Act shall not apply to— ficials (including the Central Bank) as well against the Government of Afghanistan: Pro- (1) activities to support democracy or as- as conducting oversight of public resources; vided, That funds may be made available to sistance under title V of the FREEDOM Sup- and support reconciliation and reintegration ac- port Act and section 1424 of Public Law 104– (ii) taking credible steps to protect the tivities only if: 201 or nonproliferation assistance; human rights of Afghan women. (I) Afghan women are participating at na- (2) any assistance provided by the Trade (C) Funds will be used to support and tional, provincial and local levels of govern- and Development Agency under section 661 strengthen the capacity of Afghan public and ment in the design, policy formulation and of the Foreign Assistance Act of 1961 (22 private institutions and entities to reduce implementation of the reconciliation or re- U.S.C. 2421); corruption and to improve transparency and integration process, and such process up- (3) any activity carried out by a member of accountability of national, provincial and holds steps taken by the Government of Af- the United States and Foreign Commercial local governments. ghanistan to protect the human rights of Af- Service while acting within his or her offi- (D) Representatives of Afghan national, ghan women; and cial capacity; provincial or local governments, and local (II) such funds will not be used to support (4) any insurance, reinsurance, guarantee communities and civil society organizations, any pardon or immunity from prosecution, or other assistance provided by the Overseas including women-led organizations, will be or any position in the Government of Af- Private Investment Corporation under title consulted and participate in the design of ghanistan or security forces, for any leader IV of chapter 2 of part I of the Foreign As- programs, projects, and activities, including of an armed group responsible for crimes sistance Act of 1961 (22 U.S.C. 2191 et seq.); participation in implementation and over- against humanity, war crimes, or acts of ter- (5) any financing provided under the Ex- sight, and the development of specific bench- rorism; port-Import Bank Act of 1945; or marks to measure progress and outcomes. (iii) may be made available for a United (6) humanitarian assistance. (2) DIRECT GOVERNMENT-TO-GOVERNMENT AS- States contribution to the North Atlantic CENTRAL ASIA SISTANCE.— Treaty Organization/International Security SEC. 7064. The terms and conditions of sec- (A) Funds appropriated or otherwise made Assistance Force Post-Operations Humani- tions 7075(a) through (d) and 7076(a) through available by this Act for assistance for Af- tarian Relief Fund; and (e) of the Department of State, Foreign Oper- ghanistan may not be made available for di- (iv) may be made available, notwith- ations, and Related Programs Appropria- rect government-to-government assistance standing any provision of law that restricts tions Act, 2009 (division H of Public Law 111– unless the Secretary of State certifies to the assistance to foreign countries, for cross bor- 8) shall apply to funds appropriated by this Committees on Appropriations that the rel- der stabilization and development programs Act, except that the Secretary of State may evant Afghan implementing agency has been between Afghanistan and Pakistan or be- waive the application of section 7076(a) for a assessed and considered qualified to manage tween either country and the Central Asian period of not more than 6 months and every such funds and the Government of the United republics. 6 months thereafter until September 30, 2013, States and the Government of Afghanistan (B) The authority contained in section if the Secretary certifies to the Committees have agreed, in writing, to achievable and 1102(c) of Public Law 111–32 shall continue in on Appropriations that the waiver is in the sustainable goals, benchmarks for measuring effect during fiscal year 2012 and shall apply national security interest and necessary to progress, and expected results for the use of as if part of this Act. obtain access to and from Afghanistan for such funds, and have established mechanisms (C)(i) Of the funds appropriated by this Act the United States, and the waiver includes within each implementing agency to ensure that are made available for assistance for Af- an assessment of progress, if any, by the that such funds are used for the purposes for ghanistan, not less than $75,000,000 shall be Government of Uzbekistan in meeting the re- which they were intended: Provided, That the made available for rule of law programs: Pro- quirements in section 7076(a): Provided, That assessment procedures of the Department of vided, That decisions on the uses of such the Secretary of State, in consultation with State and USAID shall be standardized and funds shall be the responsibility of the Coor- the Secretary of Defense, shall submit a re- provide reasonable assurance of detecting dinator for Rule of Law, in consultation with port to the Committees on Appropriations significant vulnerabilities that could result the Interagency Planning and Implementa- not later than 180 days after enactment of in the waste or misuse of United States tion Team, at the United States Embassy in this Act and 12 months thereafter, on all funds: Provided further, That the Secretary of Kabul, Afghanistan: Provided further, That United States Government assistance pro- State should suspend any direct government- $250,000 of such funds shall be transferred to, vided to the Government of Uzbekistan and to-government assistance to an imple- and merged with, funds appropriated under expenditures made in support of the North- menting agency if the Secretary has credible the heading ‘‘Office of Inspector General’’ in ern Distribution Network in Uzbekistan, in- information of misuse of such funds by any title I of this Act for oversight of such pro- cluding any credible information that such such agency: Provided further, That any such grams and activities. assistance or expenditures are being diverted assistance shall be subject to prior consulta- (ii) The Coordinator for Rule of Law at the for corrupt purposes: Provided further, That tion with, and the regular notification proce- United States Embassy in Kabul, Afghani- information provided in the report required dures of, the Committees on Appropriations. stan shall be consulted on the use of all by the previous proviso may be provided in a (B) Funds appropriated or otherwise made funds appropriated by this Act for rule of law classified annex and such annex shall indi- available by this Act for assistance for Af- programs in Afghanistan. cate the basis for such classification: Pro- ghanistan may be made available as a United (D) None of the funds made available by vided further, That for the purposes of the ap- States contribution to the Afghanistan Re- this Act may be used by the United States plication of section 7075(c) to this Act, the construction Trust Fund (ARTF) unless the Government to enter into a permanent bas- report shall be submitted not later than Oc- Secretary of State determines and reports to ing rights agreement between the United tober 1, 2012 and for the purposes of the ap- the Committees on Appropriations that the States and Afghanistan. plication of section 7076(e) to this Act, the World Bank Monitoring Agent of the ARTF (E) Any significant modification to the term ‘‘assistance’’ shall not include ex- is unable to conduct its financial control and scope, objectives or implementation mecha- panded international military education and audit responsibilities due to restrictions on nisms of United States assistance programs training. security personnel by the Government of Af- in Afghanistan shall be subject to prior con- SOUTH ASIA ghanistan. sultation with, and the regular notification SEC. 7065. (a) AFGHANISTAN.— (3) ASSISTANCE AND OPERATIONS.— procedures of, the Committees on Appropria- (1) LIMITATION.—None of the funds appro- (A) Funds appropriated under the headings tions, except that the prior consultation re- priated or otherwise made available by this ‘‘Economic Support Fund’’ and ‘‘Inter- quirement may be waived in a manner con- Act under the headings ‘‘Economic Support national Narcotics Control and Law Enforce- sistent with section 7015(e) of this Act. Fund’’ and ‘‘International Narcotics Control ment’’ in this Act that are available for as- (F) None of the funds appropriated by this and Law Enforcement’’ may be obligated for sistance for Afghanistan— Act under the heading ‘‘Economic Support assistance for the Government of Afghani- (i) shall be made available, to the max- Fund’’ may be made available for transpor- stan until the Secretary of State, in con- imum extent practicable, in a manner that tation infrastructure in Afghanistan unless sultation with the Administrator of the emphasizes the participation of Afghan the Secretary of State reports to the Com- United States Agency for International De- women, and directly improves the security, mittees on Appropriations that the Govern- velopment (USAID), certifies and reports to economic and social well-being, and political ment of Afghanistan has established a stand- the Committees on Appropriations that— status, and protects the rights of, Afghan ardized rail gauge consistent with that uti- (A) The funds will be used to support pro- women and girls and complies with sections lized by Central Asian states, including grams and activities that can be sustained 7056 and 7057 of this Act, including support Uzbekistan: Provided, That the Secretary of by Afghan national, provincial or local gov- for the Afghan Independent Human Rights State may waive the requirement of this ernments. Commission, the Afghan Ministry of Wom- paragraph if the Secretary of State reports (B) The Government of Afghanistan is— en’s Affairs, and women-led organizations. to the Committees on Appropriations that to (i) reducing corruption and improving gov- (ii) may be made available for a United do so is important to the national security ernance, including by investigating, pros- States contribution to an internationally interests of the United States.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7563 (G) Not later than 90 days after enactment Pakistan may be made available only to sup- tions, except that the prior consultation re- of this Act, the Secretary of State shall report counter-terrorism and counter-insur- quirement may be waived in a manner con- port to the Committees on Appropriations gency operations in Pakistan, and are sub- sistent with section 7015(e) of this Act. whether an International Monetary Fund ject to section 620M of the Foreign Assist- (d) SRI LANKA.— (IMF) country program for Afghanistan has ance Act of 1961, as amended by this Act. (1) None of the funds appropriated by this been established: Provided, That if such pro- (4) CERTIFICATION AND REPORT.— Act under the headings ‘‘Foreign Military gram has not been established by that date, (A) CERTIFICATION.— Financing Program’’ and ‘‘Peacekeeping Op- the report required by this paragraph shall (i) Prior to the obligation of funds in titles erations’’ may be made available for assist- include specific actions requested by the III and IV and under the heading ‘‘Pakistan ance for Sri Lanka, no defense export license IMF, and taken by the Government of Af- Counter-Insurgency Capability Fund’’ in this may be issued, and no military equipment or ghanistan, to address the Kabul Bank crisis Act for assistance for the Government of technology shall be sold or transferred to Sri and restore confidence in Afghanistan’s Pakistan, the Secretary of State shall cer- Lanka pursuant to the authorities contained banking sector. tify to the Committees on Appropriations in this Act or any other Act, unless the Sec- (4) OVERSIGHT.— that the Government of Pakistan is— retary of State certifies to the Committees (A) The Special Inspector General for Af- (I) cooperating with the United States in on Appropriations that the Government of ghanistan Reconstruction, the Inspector efforts against the Haqqani Network, the Sri Lanka is— General of the Department of State and the Quetta Shura Taliban, Lashkar e-Tayyiba, (A) conducting credible, thorough inves- Inspector General of USAID, shall jointly de- Al Qaeda and other domestic and foreign ter- tigations of alleged war crimes and viola- velop and submit to the Committees on Ap- rorist organizations, including taking steps tions of international humanitarian law by propriations within 45 days of enactment of to end support for such groups and prevent government forces and the Liberation Tigers this Act a coordinated audit and inspection them from operating in Pakistan and car- of Tamil Eelam; plan of United States assistance for, and ci- rying out cross border attacks into neigh- (B) bringing to justice individuals who vilian operations in, Afghanistan. boring countries; have been credibly alleged to have com- (B) The USAID Administrator should pro- (II) not impeding the issuance of visas for mitted such violations; vide for independent, transparent evalua- United States visitors engaged in counterter- (C) supporting and cooperating with any tions of assistance programs and activities rorism efforts and assistance programs, in United Nations investigation of alleged war in Afghanistan which exceed $25,000,000. Pakistan; and crimes and violations of international hu- (b) NEPAL.— (III) providing humanitarian organizations manitarian law; (1) Funds appropriated by this Act under access to detainees, internally displaced per- (D) respecting due process, the rights of the headings ‘‘Foreign Military Financing sons, and other Pakistani civilians affected journalists, and the rights of citizens to Program’’ and ‘‘Peacekeeping Operations’’ by the conflict. peaceful expression and association, includ- may be made available for assistance for (ii) The Secretary of State may waive the ing ending arrest and detention under emer- Nepal only if the Secretary of State certifies requirements of paragraph (i) if to do so is in gency regulations; to the Committees on Appropriations that the national security interests of the United (E) providing access to detainees by hu- the Nepal Army is— States. manitarian organizations; and (A) cooperating fully with investigations (B) REPORT.—The spend plan required by (F) implementing policies to promote rec- and prosecutions by civilian judicial authori- section 7083 of this Act for assistance for onciliation and justice including devolution ties of violations of human rights; and Pakistan shall include achievable and sus- of power as provided for in the Constitution (B) working constructively to redefine the tainable goals, benchmarks for measuring of Sri Lanka. Nepal Army’s mission and adjust its size ac- progress, and expected results regarding fur- (2) Paragraph (2) shall not apply to assist- cordingly, implement reforms including thering the development of Pakistan, coun- ance for humanitarian demining and aerial strengthening the capacity of the civilian tering extremism, and establishing condi- and maritime surveillance. ministry of defense to improve budget trans- tions conducive to the rule of law and ac- (3) If the Secretary makes the certification parency and accountability, and facilitate countable governance: , That not Provided required in paragraph (2), funds appropriated the integration of former rebel combatants later than 6 months after submission of such under the heading ‘‘Foreign Military Financ- into the security forces including the Nepal spend plan, and each 6 months thereafter ing Program’’ that are made available for as- Army, consistent with the goals of reconcili- until September 30, 2013, the Secretary of sistance for Sri Lanka should be used to sup- ation, peace and stability. State shall submit a report on the status of port the recruitment and training of Tamils (2) The conditions in paragraph (1) shall achieving the goals and benchmarks in the into the Sri Lankan military, Tamil lan- not apply to assistance for humanitarian re- spend plan: Provided further, That the Sec- guage training for Sinhalese military per- lief and reconstruction activities in Nepal. retary of State should suspend assistance for sonnel, and human rights training for all (c) PAKISTAN.— the Government of Pakistan if any such re- military personnel. (1) DIRECT GOVERNMENT-TO-GOVERNMENT AS- port indicates that Pakistan is failing to (4) The Secretary of the Treasury shall in- SISTANCE.—Funds appropriated by this Act make measurable progress in meeting any for assistance for Pakistan may be made such goal or benchmark. struct the United States executive directors of the international financial institutions to available for direct government-to-govern- (5) PRECURSOR CHEMICALS.—Funds appro- ment assistance only if the Secretary of priated under the heading ‘‘Economic Sup- vote against any loan, agreement, or other State certifies to the Committees on Appro- port Fund’’ that are available for assistance financial support for Sri Lanka except to priations that the Government of the United for Pakistan should be made available to meet basic human needs, unless the Sec- States and the Government of Pakistan have stop the flow of precursor materials used to retary of State certifies to the Committees agreed, in writing, to achievable and sustain- manufacture Improvised Explosive Devices, on Appropriations that the Government of able goals, benchmarks for measuring including calcium ammonium nitrate, from Sri Lanka is meeting the requirements in progress, and expected results for the use of Pakistan to Afghanistan, including programs paragraph (2)(D), (E), and (F) of this sub- such funds, and have established mechanisms to train border and customs officials in Paki- section. within each implementing agency to ensure stan and Afghanistan as well as agricultural ENTERPRISE FUNDS that such funds are used for the purposes for extension programs that encourage alter- SEC. 7066. (a) Prior to the distribution of which they were intended: Provided, That the native fertilizers among Pakistani farmers. any assets resulting from any liquidation, Secretary of State should suspend any direct (6) HUMAN RIGHTS AND DEMOCRACY.—Of the dissolution, or winding up of an Enterprise government-to-government assistance to an funds appropriated under the heading ‘‘Eco- Fund, in whole or in part, the President shall implementing agency if the Secretary has nomic Support Fund’’ in this Act for assist- submit to the Committees on Appropria- credible information of misuse of such funds ance for Pakistan $5,000,000 shall be made tions, in accordance with the regular notifi- by any such agency: Provided further, That available through the Bureau of Democracy, cation procedures of the Committees on Ap- funds made available pursuant to this sub- Human Rights and Labor, Department of propriations, a plan for the distribution of paragraph shall be subject to prior consulta- State, for human rights and democracy pro- the assets of the Enterprise Fund. tion with, and the regular notification proce- grams in Pakistan, including training of gov- (b) Funds made available under titles III dures of, the Committees on Appropriations. ernment officials and security forces, and as- through VI of this Act for Enterprise Funds (2) INFRASTRUCTURE PROJECTS.—Funds ap- sistance for human rights organizations and shall be expended at the minimum rate nec- propriated under the heading ‘‘Economic the development of democratic political par- essary to make timely payment for projects Support Fund’’ in this Act that are made ties. and activities and shall be subject to the regular notification procedures of the Commit- available for assistance for infrastructure (7) CHIEF OF MISSION.—Of the funds appro- projects in Pakistan shall be implemented in priated under the heading ‘‘Economic Sup- tees on Appropriations. a manner consistent with section 507(6) of port Fund’’ in this Act for assistance for OVERSEAS PRIVATE INVESTMENT CORPORATION the Trade Act of 1974 (19 U.S.C. 2467(6)). Pakistan, up to $10,000,000 may be made (INCLUDING TRANSFER OF FUNDS) (3) MILITARY ASSISTANCE.—Funds appro- available to the Chief of Mission to address SEC. 7067. (a) Whenever the President de- priated by this Act under the headings ‘‘For- unanticipated humanitarian needs: Provided, termines that it is in furtherance of the pur- eign Military Financing Program’’ and That such funds shall be subject to prior con- poses of the Foreign Assistance Act of 1961, ‘‘Pakistan Counter-insurgency Capability sultation with, and the regular notification up to a total of $20,000,000 of the funds appro- Fund’’ that are available for assistance for procedures of, the Committees on Appropria- priated under title III of this Act may be

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7564 CONGRESSIONAL RECORD — SENATE November 15, 2011 transferred to, and merged with, funds ap- other tropical forest programs in the Congo closure of company payments as described in propriated by this Act for the Overseas Pri- Basin, not less than $9,000,000 shall be appor- subparagraph (A). vate Investment Corporation Program Ac- tioned directly to the United States Fish and (3) The Secretary of the Treasury or the count, to be subject to the terms and condi- Wildlife Service to implement such pro- Secretary of State, as appropriate, shall in- tions of that account: Provided, That such grams: Provided further, That not less than struct the United States executive director funds shall not be available for administra- $10,000,000 shall be made available for bio- of each international financial institution tive expenses of the Overseas Private Invest- diversity conservation programs in the Bra- and the United States representatives to all ment Corporation: Provided further, That des- zilian Amazon, not less than $15,000,000 shall forest-related multilateral financing mecha- ignated funding levels in this Act shall not be made available for such programs in the nisms and processes, that it is the policy of be transferred pursuant to this section: Pro- Andean Amazon, and not less than $1,000,000 the United States to vote against the expan- vided further, That the exercise of such au- shall be apportioned directly to the Depart- sion of industrial scale logging into primary thority shall be subject to the regular notifi- ment of the Interior for programs in the tropical forests. cation procedures of the Committees on Ap- Guatemala Mayan Biosphere Reserve. (g) CLEAN TECHNOLOGY FUND.— propriations. (d) AUTHORITY.—Funds appropriated by (1) AUTHORIZATION OF APPROPRIATIONS.— (b) Notwithstanding section 235(a)(2) of the this Act to carry out the provisions of sec- For fiscal year 2011, up to $350,000,000 is au- Foreign Assistance Act of 1961 (22 U.S.C. tions 103 through 106, and chapter 4 of part thorized to be appropriated for a United 2195(a)(2)), the authority of subsections (a) II, of the Foreign Assistance Act of 1961 may States contribution to the Clean Technology through (c) of section 234 of such Act shall be used, notwithstanding any other provision Fund (the Fund). of law except for the provisions of this sec- remain in effect. (2) LIMITS ON COUNTRY ACCESS.—The Sec- tion and subject to the regular notification EXTRADITION retary of the Treasury shall use the voice procedures of the Committees on Appropria- and vote of the United States to ensure SEC. 7068. (a) None of the funds appro- tions, to support climate change and envi- that— priated in this Act may be used to provide ronment programs. (A) the Fund does not provide more than 15 assistance (other than funds provided under (e) CONSULTATION.—Funds made available the headings ‘‘International Narcotics Con- pursuant to this section are subject to prior percent of Fund resources to any one coun- trol and Law Enforcement’’, ‘‘Migration and consultation with, and the regular notifica- try; Refugee Assistance’’, ‘‘Emergency Migration tion procedures of, the Committees on Ap- (B) prior to the obligation of funds from and Refugee Assistance’’, and ‘‘Nonprolifera- propriations. the Fund to a recipient country, recipient tion, Anti-terrorism, Demining and Related (f) EXTRACTION OF NATURAL RESOURCES.— countries shall submit to the governing body Assistance’’) for the central government of a (1) Funds appropriated by this Act shall be of the Fund, and the governing body of the country which has notified the Department made available to promote and support Fund appropriately reviews and considers, an of State of its refusal to extradite to the transparency and accountability of expendi- investment plan that will achieve significant United States any individual indicted for a tures and revenues related to the extraction net reductions in national-level greenhouse criminal offense for which the maximum of natural resources, including by strength- gas emissions; penalty is life imprisonment without the ening implementation and monitoring of the (C) the investment plan for a recipient possibility of parole or for killing a law en- Extractive Industries Transparency Initia- country, whose borrowing status is classified forcement officer, as specified in a United tive, section 8204 of Public Law 110–246, and by the World Bank as ‘‘International Devel- States extradition request. the Kimberley Process Certification Scheme, opment Association blend’’, shall have at (b) Subsection (a) shall only apply to the and by providing technical assistance to pro- least 15 percent of its total cost for public central government of a country with which mote independent audit mechanisms and sector activities contributed from the public the United States maintains diplomatic rela- support civil society participation in natural funds of the recipient country, and any re- tions and with which the United States has resource management. cipient country whose borrowing status is an extradition treaty and the government of (2)(A) The Secretary of the Treasury shall classified by the World Bank as ‘‘Inter- that country is in violation of the terms and inform the managements of the international Bank for Reconstruction and Devel- conditions of the treaty. national financial institutions and post on opment Only’’ status, shall have at least 25 (c) The Secretary of State may waive the the Department of the Treasury’s Web site percent of its total cost for public sector ac- restriction in subsection (a) on a case-by- that it is the policy of the United States to tivities contributed from public funds of the case basis if the Secretary certifies to the vote against any assistance by such institu- recipient country; and Committees on Appropriations that such tions (including but not limited to any loan, (D) assistance made available by the Fund waiver is important to the national interests credit, grant, or guarantee) for the extrac- is used exclusively to support the deploy- of the United States. tion and export of a natural resource if the ment of clean energy technologies in devel- CLIMATE CHANGE AND ENVIRONMENT PROGRAMS government of the country has in place laws oping countries (including, where appropriate, through the provision of technical SEC. 7069. (a) IN GENERAL.—Of the funds ap- or regulations to prevent or limit the public propriated by this Act, up to $1,250,000,000 disclosure of company payments as required support or support for policy or institutional may be made available for programs and ac- by section 1504 of Public Law 111–203, and un- reforms) in a manner that achieves substan- tivities to— less such government has in place func- tial net reductions in greenhouse gas emis- (1) reduce, mitigate, and sequester green- tioning systems in the sector in which as- sions. EFINITIONS.—For purposes of this sub- house gases that contribute to global cli- sistance is being considered for: (3) D section the definitions contained in section mate change; (i) accurately accounting for and public 7081(g)(4) of division F of Public Law 111–117 (2) support climate change adaptation; and disclosure of payments to the host govern- shall apply to this Act, except that ‘‘Public (3) protect biodiversity, including wildlife, ment by companies involved in the extrac- Sector Activities’’ shall mean ‘‘Public tropical forests, and other critical land- tion and export of natural resources; Funds’’. scapes. (ii) the independent auditing of accounts (b) USES OF CLEAN ENERGY FUNDING.— receiving such payments and public disclo- PROHIBITION ON PROMOTION OF TOBACCO Funds appropriated by this Act under the sure of the findings of such audits; SEC. 7070. None of the funds provided by headings ‘‘Development Assistance’’, ‘‘Eco- (iii) public disclosure of such documents as this Act shall be available to promote the nomic Support Fund’’, and ‘‘Assistance for Host Government Agreements, Concession sale or export of tobacco or tobacco prod- Europe, Eurasia and Central Asia’’ for clean Agreements, and bidding documents, allow- ucts, or to seek the reduction or removal by energy programs and activities, may be ing in any such dissemination or disclosure any foreign country of restrictions on the made available only to support and promote for the redaction of, or exceptions for, infor- marketing of tobacco or tobacco products, the sustainable use of renewable energy mation that is commercially proprietary or except for restrictions which are not applied technologies and end-use energy efficiency that would create competitive disadvantage. equally to all tobacco or tobacco products of technologies, carbon sequestration, and car- (B) The requirements of subparagraph (A) the same type. bon accounting. shall not apply to assistance for the purpose COMMERCIAL LEASING OF DEFENSE ARTICLES (c) TROPICAL FOREST PROGRAMS.—Funds of building the capacity of such government SEC. 7071. The second sentence of section appropriated under title III of this Act for to meet the requirements of this paragraph. 23(a) of the Arms Export Control Act, as tropical forest programs shall be used to pro- (C) Not later than 180 days after enactment amended, (Public Law 96–29) is further tect biodiversity, including not less than of this Act, the Secretary of the Treasury amended by striking ‘‘and Egypt’’ and in- $2,000,000 to implement and enforce section shall submit a report to the Committees on serting ‘‘, Egypt, and NATO and major non- 8204 of Public Law 110–246, shall not be used Appropriations describing, for each inter- NATO allies’’. to support or promote the expansion of in- national financial institution, the amount dustrial scale logging into primary tropical and type of assistance provided, by country, INTERNATIONAL PRISON CONDITIONS forests, and shall be subject to prior con- for the extraction and export of natural re- SEC. 7072. (a) Not later than 180 days after sultation with, and the regular notification sources in the preceding 12 months, whether enactment of this Act, the Secretary of procedures of, the Committees on Appropria- each institution considered, in providing State shall submit to the Committees on Ap- tions: Provided, That of the funds that are such assistance, the extent to which the propriations a report, which shall also be available for the Central African Regional country has functioning systems, laws or made publicly available including on the De- Program for the Environment (CARPE) and regulations in place to prevent or limit dis- partment of State’s Web site, describing the

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7565 conditions in prisons and other detention fa- that the organization is implementing effec- ‘‘minimum standards of fiscal transparency’’ cilities in at least 30 countries receiving tive practices to protect whistleblowers (in- shall include standards for the public disclo- United States assistance, of which 15 coun- cluding the organization’s employees and sure of budget documentation, including re- tries shall be selected based on the Sec- others affected by the organization’s oper- ceipts and expenditures by ministry, and retary’s determination that such conditions ations) from retaliation for internal and law- government contracts and licenses for nat- raise the most serious human rights or hu- ful public disclosures, including— ural resource extraction, to include bidding manitarian concerns, and 15 countries shall (A) best practices for legal burdens of and concession allocation practices. be selected at random. proof; (3) WAIVER.—The Secretary of State may (b) For purposes of each determination (B) access to independent adjudicative bod- waive the limitation on funding in paragraph made pursuant to subsection (a), the Sec- ies, including external arbitration based on (1) on a country-by-country basis if the Sec- retary shall consider the criteria listed in consensus selection and shared costs; retary reports to the Committees on Appro- section 7085(b)(1 through 10) of division F of (C) results that eliminate the effects of priations that the waiver is important to the Public Law 111–117. proven retaliation; national interests of the United States: Pro- (c) Funds appropriated by this Act to carry (D) a minimum of a 6-month statute of vided, That such waiver shall identify any out the provisions of chapters 1 and 11 of limitations for reporting retaliation; and steps taken by the government of the coun- part I and chapter 4 of part II of the Foreign (E) the option of making external disclo- try to publicly disclose its national budget Assistance Act of 1961, and the Support for sures in certain instances, in accordance and contracts which are additional to those East European Democracy (SEED) Act of with standards adopted by the United Na- which were undertaken in previous fiscal 1989, shall be made available, notwith- tions Secretariat on December 19, 2005. years, include specific recommendations of standing section 660 of the Foreign Assist- (5) Of the funds appropriated under the short and long-term steps such government ance Act of 1961, for assistance to eliminate heading ‘‘International Organizations and can take to improve budget transparency, inhumane conditions in foreign prisons and Programs’’ in this Act that are available for and identify benchmarks for measuring other detention facilities. a contribution to the United Nations Devel- progress. TRANSPARENCY, ACCOUNTABILITY AND ANTI- opment Program (UNDP), 10 percent should (4) ASSISTANCE.—Of the funds appropriated KLEPTOCRACY not be obligated until the Secretary of State under title III of this Act, not less than reports to the Committees on Appropriations $5,000,000 should be made available for pro- SEC. 7073. (a) UNITED NATIONS.— that the UNDP’s management is taking the grams and activities to assist the central (1) The Secretary of State, following con- necessary steps to demonstrate UNDP’s com- governments of countries named in the list sultation with the Committees on Appropria- mitment to make all audit, oversight, and fi- required by paragraph (1) to improve budget tions, may withhold from obligation funds nancial information publicly available as transparency or to support civil society or- appropriated under the heading ‘‘Inter- soon as possible, and to put in place proce- ganizations in such countries that promote national Organizations and Programs’’ for a dures for publicly reporting on the results of budget transparency: Provided, That such United States contribution to a United Na- UNDP programs worldwide. sums shall be in addition to funds otherwise tions organization or agency if the Secretary (6) Notwithstanding any other provision of made available for such purposes. determines that such organization or agency law, the Secretary of State should suspend (d) ANTI-KLEPTOCRACY.— is not taking adequate steps to increase United States participation in the United (1) Officials of foreign governments and transparency and accountability. Nations Human Rights Council (the Council) their immediate family members who the (2) Not later than 45 days after enactment unless the Secretary determines and reports Secretary of State has credible information of this Act, the Secretary of State shall sub- to the Committees on Appropriations that have been involved in significant corruption, mit a report to the Committees on Appro- continued participation in the Council is in including corruption related to the extrac- priations detailing steps taken by the Global the national interests of the United States. tion of natural resources, shall be ineligible Fund to Fight AIDS, Tuberculosis, and Ma- (b) INTERNATIONAL MONETARY FUND.— for entry into the United States. laria (the Global Fund) to: (1) The terms and conditions of section (2) Individuals shall not be ineligible if (A) maintain and adopt, as necessary, poli- 7086(b)(1) and (2) of division F of Public Law entry into the United States would further cies and practices to ensure transparency of 111–117 shall apply to this Act. important United States law enforcement expenditures, including the authority of the (2) The Secretary of the Treasury shall in- objectives or is necessary to permit the Global Fund Office of Inspector General struct the United States Executive Director United States to fulfill its obligations under (OIG) to publish OIG reports on a public Web of the International Monetary Fund (IMF) to the United Nations Headquarters Agreement: site without restriction; seek to ensure that any loan will be repaid Provided, That nothing in this provision shall (B) ensure that the OIG has the necessary to the IMF before other private creditors. be construed to derogate from United States staff, budget, independence, and authority to (3) The Secretary of the Treasury shall Government obligations under applicable perform functions consistent with its man- seek to ensure that the IMF has adopted and international agreements. date, Charter and Terms of Reference, such is implementing effective practices to pro- (3) The Secretary may waive the applica- as programmatic audits and evaluations, fi- tect whistleblowers (including the IMF’s em- tion of paragraph (1) if the Secretary deter- nancial audits, and investigations of alleged ployees, contract employees, consultants, mines that the waiver would serve a compel- misuse, misappropriation and fraud involv- staff of the Board of Executive Directors, ling national interest or that the cir- ing any Global Fund grant resources; and and others affected by the IMF’s operations) cumstances which caused the individual to (C) ensure that the Inspector General re- from retaliation for internal and lawful pub- be ineligible have changed sufficiently. ports directly to the Global Fund Board lic disclosures, including— (4) Not later than 90 days after enactment without interference. (A) best practices for legal burdens of of this Act and 180 days thereafter, the Sec- (3) Of the funds appropriated under the proof; retary of State shall submit a report, in clas- heading ‘‘Contributions for International (B) access to independent adjudicative bod- sified form if necessary, to the Committees Peacekeeping Activities’’ in this Act, 10 per- ies, including external arbitration based on on Appropriations describing the informa- cent should not be obligated until the Sec- consensus selection and shared costs; tion regarding corruption concerning each of retary of State reports to the Committees on (C) results that eliminate the effects of the individuals found ineligible pursuant to Appropriations that the United Nations Sec- proven retaliation; and paragraph (1), a list of any waivers provided retariat and the governments of countries (D) a minimum of a 6-month statute of under subsection (3), and the justification for providing troops for peacekeeping missions limitations for reporting retaliation. each waiver. have procedures and agreements to ensure (c) NATIONAL BUDGET AND CONTRACT DISABILITY PROGRAMS that allegations of sexual abuse or other se- TRANSPARENCY.— SEC. 7074. (a) Of the funds appropriated by rious crimes by peacekeeping troops will be (1) LIMITATION ON FUNDING.—None of the this Act under the heading ‘‘Economic Sup- credibly and thoroughly investigated and the funds appropriated under titles III and IV of port Fund’’, not less than $5,000,000 shall be perpetrators brought to justice, and that in- this Act may be made available to the cen- made available for programs and activities formation about such cases will be made tral government of any country that does administered by the United States Agency publicly available and regularly updated in not meet minimum standards of fiscal trans- for International Development (USAID) to the country where the alleged crime oc- parency: Provided, That the Secretary of address the needs and protect and promote curred and on the United Nations’ Web site. State shall develop ‘‘minimum standards of the rights of people with disabilities in de- (4) Of the funds appropriated under title I fiscal transparency’’ to be updated and veloping countries, including initiatives that of this Act that are available for payments strengthened, as appropriate, to reflect best focus on independent living, economic self- to the regular budgets of the United Nations practices: Provided further, That the Sec- sufficiency, advocacy, education, employ- and the Organization of American States, retary shall make an annual determination ment, transportation, sports, and integra- and of the funds appropriated under the of ‘‘progress’’ or ‘‘no progress’’ for countries tion of individuals with disabilities, includ- heading ‘‘International Organizations and that do not meet minimum standards of fis- ing for the cost of translation, of which up to Programs’’ in this Act that are available for cal transparency and make those determina- $1,000,000 shall be made available to support contributions to United Nations agencies, 10 tions publicly available on an annual ‘‘Fiscal disability advocacy organizations to provide percent should not be obligated for any such Transparency Report’’. training and technical assistance for dis- organization until the Secretary of State re- (2) MINIMUM STANDARDS OF FISCAL TRANS- abled persons organizations in such coun- ports to the Committees on Appropriations PARENCY.—For the purposes of paragraph (1), tries.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7566 CONGRESSIONAL RECORD — SENATE November 15, 2011 (b) Funds appropriated under the heading Act of 2003 (22 U.S.C. 7708(j)) is amended to among the 75 lowest per capita income coun- ‘‘Operating Expenses’’ in title II of this Act read as follows: tries as identified by the World Bank; and’’; shall be made available to develop and im- ‘‘(j) EXTENSION OF COMPACT.— (3) Section (a)(2) is stricken. plement training for staff in overseas USAID ‘‘(1) IN GENERAL.—Except as provided under (4) Section (b)(1)(A) is stricken and re- missions to promote the full inclusion and paragraph (2), the duration of a Compact placed with the following: ‘‘has a per capita equal participation of people with disabil- shall not exceed 5 years. income equal to or below the World Bank’s ities in developing countries. ‘‘(2) EXCEPTION.—The duration of a Com- lower middle income country threshold for (c) The Secretary of State, the Secretary pact may be extended beyond 5 years if the the fiscal year involved and is not among the of the Treasury, and the USAID Adminis- Board— 75 lowest per capita income countries as trator shall seek to ensure that, where prac- ‘‘(A) determines that a project included in identified by the World Bank; and’’. ticable, construction projects funded by this the Compact cannot be completed within 5 (e) Section 606 is amended by inserting the Act are accessible to people with disabilities years; and following— and in compliance with the USAID Policy on ‘‘(B) approves an extension of the Compact ‘‘(d) INCOME CLASSIFICATION TRANSITION.— Standards for Accessibility for the Disabled, that does not extend the total duration of Any country with a per capita income that or other similar accessibility standards. the Compact beyond 7 years. changes in a given fiscal year such that the (d) Of the funds made available pursuant to ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not country would be reclassified in that fiscal subsection (a), not more than 7 percent may later than 15 days before the date on which year from a low income country to a lower be for management, oversight, and technical the Board is scheduled to vote on the exten- middle income country or from a lower mid- support. sion of a Compact beyond 5 years pursuant to dle income country to a low income country BUYING POWER MAINTENANCE, INTERNATIONAL paragraph (2), the Board, acting through the shall retain its candidacy status in its ORGANIZATIONS Chief Executive Officer, shall— former income classification for the fiscal SEC. 7075. (a) There may be established in ‘‘(A) notify the Committees on Appropria- year of the country’s transition and the two the Treasury of the United States a ‘‘Buying tions, the Committee on Foreign Relations subsequent fiscal years.’’. Power Maintenance, International Organiza- of the Senate and the Committee on Foreign INSPECTORS GENERAL PERSONNEL tions’’ account. Affairs of the House of Representatives, of (b) At the end of each fiscal year, the Sec- SEC. 7078. (a)(1) The provisions in this sec- its intent to approve such extension; and tion shall apply to the Inspector General of retary of State may transfer to, and merge ‘‘(B) provide such committees with a de- with, ‘‘Buying Power Maintenance, Inter- the Department of State and the Inspector tailed explanation for the determination and General of the United States Agency for national Organizations’’ such amounts from approval described in paragraph (2).’’. ‘‘Contributions to International Organiza- International Development (USAID). (b) CONCURRENT AND SUBSEQUENT COM- tions’’ as the Secretary determines are in ex- (2) The term ‘‘Government Employee’’ has PACTS.—Section 609(k) of such Act (22 U.S.C. the meaning given the term employee in sec- cess of the needs of activities funded from 7708(k)) is amended to read as follows: ‘‘Contributions to International Organiza- tion 2105 of title 5, United States Code. ‘‘(k) CONCURRENT AND SUBSEQUENT COM- tions’’ because of fluctuations in foreign cur- (3) The Inspector General may waive any of PACTS.— rency exchange rates. the following provisions to employ annu- (c) In order to offset adverse fluctuations ‘‘(1) IN GENERAL.—Subject to paragraph (2), itants (individuals who are entitled to bene- in foreign currency exchange rates, the Sec- and in accordance with the requirements of fits under a retirement system for Govern- retary of State may transfer to, and merge this title, an eligible country and the United ment employees): subsections (a) through (d) with, ‘‘Contributions to International Orga- States may enter into and have in effect con- of section 8344 of title 5, United States Code; nizations’’ such amounts from ‘‘Buying current and/or subsequent Compacts. subsections (a), (b) and (e) of section 8468 of Power Maintenance, International Organiza- ‘‘(2) REQUIREMENTS.—An eligible country title 5, United States Code; subsections (a) tions’’ as the Secretary determines are nec- and the United States may enter into con- through (d) of section 824 of the Foreign essary to provide for the activities funded current or subsequent Compacts if the Board Service Act of 1980 (22 U.S.C. 4064); and any from ‘‘Contributions to International Orga- determines that such country— other similar provision of law, as identified nizations’’. ‘‘(A) is making significant, consistent by the Inspector General in regulations: Pro- (d)(1) Subject to the limitations contained progress in implementing the terms of its ex- vided, That the Inspector General may exer- in this section, not later than the end of the isting Compact(s) and supplementary agree- cise this authority: only on a case-by-case fifth fiscal year after the fiscal year for ments to such Compact(s); and basis and only for so long as is necessary; which funds are appropriated or otherwise ‘‘(B) will contribute, in the case of a Low when necessary due to exceptional difficulty made available for ‘‘Contributions to Inter- Income Country as defined in section 606(a), in the recruitment or retention of a qualified national Organizations’’, the Secretary of not less than a 7.5 percent contribution of employee for the position involved or a tem- State may transfer any unobligated balance the total amount agreed upon for a subse- porary emergency hiring need; as long as it of such funds to the ‘‘Buying Power Mainte- quent Compact, or in the case of a Lower does not cause the number of employees nance, International Organizations’’ ac- Middle Income Country (LMIC) as defined in within the Office of Inspector General (OIG) count. section 606(b), a 15 percent contribution for a employed under this or other similar author- (2) The balance of the Buying Power Main- subsequent Compact. ity to exceed, as of any given date, 15 percent tenance, International Organizations ac- ‘‘(3) FUNDING.—Millennium Challenge Cor- of the total OIG workforce, determined on a count may not exceed $50,000,000 as a result poration (MCC) shall commit any funding for full-time equivalent basis; and this authority of any transfer under this subsection. a concurrent Compact at the time it funds is repealed on October 1, 2014, except that an (3) Any transfer pursuant to this sub- the Compact. annuitant re-employed pursuant to the waiv- section shall be treated as a reprogramming ‘‘(4) TIMING.—A concurrent Compact shall er in this section before October 1, 2014, may of funds under section 34 of the State Depart- be signed not later than 2 years after the continue such employment until not later ment Basic Authorities Act of 1956 (22 U.S.C. signing of the earlier compact. than September 30, 2015. 2706) and shall be available for obligation or ‘‘(5) LIMITATION ON COMPACTS.—The MCC (4) Nothing in this section may be con- expenditure only in accordance with the pro- shall provide no more than 15 years of com- strued to permit or require that any re-em- cedures under such section. pact funding to any country.’’. ployed annuitant benefitting from a waiver (e)(1) Funds transferred to the ‘‘Buying (c) APPLICABILITY.—The amendments made of a provision of law set forth in this section Power Maintenance, International Organiza- by subsection (a) shall apply with respect to be treated as a Government employee for tions’’ account pursuant to this section shall Compacts entered into between the United purposes of the retirement system to which remain available until expended. States and an eligible country under the Mil- (2) The transfer authorities in this section such provision relates. lennium Challenge Act of 2003 (22 U.S.C. 7701 shall be available for funds appropriated for (5) The Inspector General is authorized to et seq.) before, on or after enactment of this fiscal year 2012 and for each fiscal year obtain services under section 3109 of title 5, Act, and those made by subsection (b) shall thereafter, and are in addition to any trans- United States Code, without regard to sub- apply prospectively to new compacts. fer authority otherwise available to the De- sections (d)(1) of such section, and is consid- partment of State under other provisions of (d) MAINTAINING CANDIDATE STATUS FOR ered the head of the agency under subsection law. PURPOSES OF INCOME CATEGORY.—Section 606 (b) of such section for purposes of exercising of the Millennium Challenge Act of 2003 (22 this authority. PROHIBITION ON FIRST-CLASS TRAVEL U.S.C. 7705) is amended as follows: (A) Services may be obtained by the In- SEC. 7076. None of the funds made available (1) Section (a)(1) is amended by striking spector General for a period of up to 1 year, in this Act may be used for first-class travel the words ‘‘Fiscal year 2004’’ and inserting with an option to extend such services for an by employees of agencies funded by this Act ‘‘In general’’, and by striking the words ‘‘for additional 2 years, and that the total number in contravention of sections 301–10.122 fiscal year 2004’’ and inserting ‘‘for a fiscal of individuals employed under this section through 301–10.124 of title 41, Code of Federal year’’. shall not exceed 15 percent of the total De- Regulations. (2) Section (a)(1)(A) is stricken and re- partment of State OIG workforce or 5 per- MILLENNIUM CHALLENGE CORPORATION placed with the following: ‘‘The country has cent of the total USAID OIG workforce, de- COMPACTS a per capita income equal to or below the termined on a full-time equivalent basis. SEC. 7077. (a) EXTENSION OF COMPACTS.— World Bank’s lower middle income country (B) The authority to obtain such services Section 609(j) of the Millennium Challenge threshold for the fiscal year involved and is shall expire on September 30, 2014 except

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7567 that an individual whose service under this agency procurement reform efforts and re- consultation with the Administrator of the subsection is procured before October 1, 2014, lated administrative costs: Provided, That United States Agency for International De- may continue to provide such service until such expenses may include— velopment, shall submit to the Committees not later than September 30, 2015. (1) personal and non-personal services; on Appropriations a detailed spend plan, (b) Section 209 of the Foreign Service Act (2) training; which shall include achievable and sustain- of 1980 (22 U.S.C. 3929) is amended by: (3) supplies; and able goals, benchmarks for measuring (1) striking paragraph (5) in subsection (c); (4) other administrative costs related to progress, and expected results, for the fol- and the implementation of procurement reform lowing— (2) in subsection (d)(2)— and management of the Fund. (1) funds appropriated under the heading (A) adding ‘‘and’’ at the end of subpara- (c) There may be deposited during any fis- ‘‘Democracy Fund’’; graph (D) cal year in the Fund up to 1 percent of the (2) funds made available in titles III and IV (B) striking ‘‘; and’’ and inserting a period total value of obligations entered into by the of this Act for assistance for Afghanistan, at the end of subparagraph (E); and United States Agency for International De- Pakistan, Iraq, Haiti, Colombia, and Mexico, (C) striking subparagraph (F). velopment (USAID) from appropriations for the Caribbean Basin Security Initiative, CONSULAR AFFAIRS PILOT PROGRAMS available to USAID and any appropriation and the Central American Regional Security made available for the purpose of providing SEC. 7079. (a) TOURIST VISA SERVICES PILOT Initiative; and capital: Provided, That receipts from the dis- PROGRAM.— (3) funds appropriated in title III for food (1)(A) The Secretary of State shall imple- posal of, or repayments for the loss or dam- security and agriculture development pro- ment the necessary steps, including hiring a age to, property held in the Fund, rebates, grams and for climate change and environ- sufficient number of consular officers which reimbursements, refunds and other credits ment programs. may include limited non-career appointment applicable to the operation of the Fund may (c) NOTIFICATIONS.—The spend plans ref- be deposited into the Fund. officers, in the People’s Republic of China, erenced in subsection (b) shall not be consid- (d) Not later than 45 days after enactment Brazil, and India to meet the Department of ered as meeting the notification require- of this Act and any subsequent Act making ments under section 7015 of this Act or under State’s standard of interviewing all tourist appropriations for the Department of State, visa applicants within 30 days of the date of section 634A of the Foreign Assistance Act of foreign operations, and related programs, the 1961. submitting their application. Administrator shall submit to the Commit- (B) The Secretary of State shall also con- tees on Appropriations an operating plan for AUTHORITY FOR CAPITAL INCREASES duct a risk and benefit analysis regarding funds deposited in the Fund, which shall in- SEC. 7083. (a) INTERNATIONAL BANK FOR RE- the extension of the expiration period for B– clude the percentage to be charged for the CONSTRUCTION AND DEVELOPMENT.—The 1 or B–2 visas for citizens of the People’s Re- current fiscal year. Bretton Woods Agreements Act, as amended public of China from 1 year to 2 years before (e) At the close of fiscal year 2013 and at (22 U.S.C. 286 et seq.), is further amended by requiring consular officers to re-interview a the close of each fiscal year thereafter, the adding at the end thereof the following new visa applicant. Administrator shall determine the amounts sections: (2) Not later than 90 days after enactment in excess of the needs of the Fund for that ‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO of this Act, the Secretary shall submit a re- fiscal year and shall transfer out of the Fund THE ARTICLES OF AGREEMENT OF port to the Committees on Appropriations on any excess amounts to any of the original THE BANK TO INCREASE BASIC Consular Affairs programs in the People’s appropriation accounts from which deposits VOTES. Republic of China, Brazil, and India includ- were made: Provided, That such transferred ‘‘The United States Governor of the Bank ing steps the Department of State has taken funds shall remain available without fiscal may accept on behalf of the United States in these countries to meet the State Depart- year limitation: Provided further, That the the amendment to the Articles of Agreement ment’s visa processing standards; a 5-year Administrator shall report to the Commit- of the Bank as proposed in resolution No. 596, forecast of non-immigrant visas for each of tees on Appropriation the excess amounts entitled ‘Enhancing Voice and Participation these countries and the number of consular and to which appropriation accounts the ex- of Developing and Transition Countries,’ of officers necessary to meet the State Depart- cess funds will be transferred: Provided fur- the Board of Governors of the Bank that was ment’s standards; a comparison of the De- ther, That such transfers shall be subject to approved by such Board on January 30, 2009. partment of State’s 5-year forecast with the the regular notification procedures of the ‘‘SEC. 70. CAPITAL STOCK INCREASES. Commerce Department’s 5-year visitor ar- Committees on Appropriations. ‘‘(a) INCREASES AUTHORIZED.—The United rival projections; and the impact of the dif- PROCUREMENT REFORM States Governor of the Bank is authorized— ferent projections on visa process times and SEC. 7081. (a) LOCAL COMPETITION.—Not- ‘‘(1)(A) to vote in favor of a resolution to required number of consular officers. withstanding any other provision of law, the increase the capital stock of the Bank on a (b) VIDEO CONFERENCE PILOT PROGRAM.— Administrator of the United States Agency selective basis by 230,374 shares; and (1) The Secretary of State may develop and for International Development (the Adminis- ‘‘(B) to subscribe on behalf of the United conduct a pilot program for the processing of trator) may, with funds made available in States to 38,459 additional shares of the cap- B–1 and B–2 visas using secure remote this Act and prior Acts making appropria- ital stock of the Bank, as part of the selec- videoconferencing technology as a method tions for the Department of State, foreign tive increase in the capital stock of the for conducting visa interviews of applicants, operations, and related programs, award con- Bank, except that any subscription to such and in consultation with other Federal agen- tracts and other instruments in which com- additional shares shall be effective only to cies that use such secure communications to petition is limited to local entities if doing such extent or in such amounts as are pro- help ensure security of the so would result in cost savings, develop local vided in advance in appropriations Acts; videoconferencing transmission and capacity, or enable the Administrator to ini- ‘‘(2)(A) to vote in favor of a resolution to encryption. tiate a program or activity in appreciably increase the capital stock of the Bank on a (2) Not later than 90 days after the end of less time than if competition were not so general basis by 484,102 shares; and such a pilot program, the Secretary shall limited: Provided, That the authority pro- ‘‘(B) to subscribe on behalf of the United submit a report to the Committees on Appro- vided in this section may not be used to States to 81,074 additional shares of the cap- priations detailing the results of such pro- make awards in excess of $5,000,000. ital stock of the Bank, as part of the general gram including an assessment of the effi- (b) For the purposes of this section, local increase in the capital stock of the Bank, ex- cacy, efficiency, and security of the remote entity means an individual, a corporation, or cept that any subscription to such additional videoconferencing technology as a method another body of persons located in or having shares shall be effective only to such extent for conducting visa interviews of applicants as its principal place of business or oper- or in such amounts as are provided in ad- and recommendations for whether it should ations in a country receiving assistance from vance in appropriations Acts. be continued, broadened, or modified. funds appropriated in title III of this Act. ‘‘(b) LIMITATIONS ON AUTHORIZATION OF AP- (3) No pilot program should be conducted if OPERATING AND SPEND PLANS PROPRIATIONS.— the Secretary determines and reports to the SEC. 7082. (a) OPERATING PLANS.—Not later ‘‘(1) In order to pay for the increase in the Committees on Appropriations that such than 45 days after the date of enactment of United States subscription to the Bank program poses an undue security risk and this Act, each department, agency or organi- under subsection (a)(2)(B), there are author- that it cannot be conducted in a manner con- zation funded in titles I and II, and the De- ized to be appropriated, without fiscal year sistent with maintaining security controls. partment of the Treasury and Independent limitation, $9,780,361,991 for payment by the WORKING CAPITAL FUND Agencies funded in title III of this Act shall Secretary of the Treasury. SEC. 7080. (a) The Administrator of the submit to the Committees on Appropriations ‘‘(2) Of the amount authorized to be appro- United States Agency for International De- an operating plan for funds appropriated to priated under paragraph (2)(A)— velopment (the Administrator) is authorized such department, agency, or organization in ‘‘(A) $586,821,720 shall be for paid in shares to establish a Working Capital Fund (in this such titles of this Act, or funds otherwise of the Bank; and section referred to as the ‘‘Fund’’). available for obligation in fiscal year 2012, ‘‘(B) $9,193,540,271 shall be for callable (b) Funds deposited in the Fund during any that provides details of the use of such funds shares of the Bank.’’. fiscal year shall be available without fiscal at the program, project, and activity level. (b) INTERNATIONAL FINANCE CORPORATION.— year limitation and used, in addition to (b) SPEND PLANS.—Prior to the initial obli- The International Finance Corporation Act, other funds available for such purposes, for gation of funds, the Secretary of State, in Public Law 84–350, as amended (22 U.S.C. 282

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7568 CONGRESSIONAL RECORD — SENATE November 15, 2011 et seq.), is further amended by adding at the Reconstruction and Development Act, Sec- ‘‘(b) In order to pay for the United States end thereof the following new section: tion 562(c) of Public Law 101–513, as amended contribution provided for in subsection (a), ‘‘SEC. 17. SELECTIVE CAPITAL INCREASE AND (22 U.S.C. 290l et seq.), is further amended by there are authorized to be appropriated, AMENDMENT OF THE ARTICLES OF adding at the end thereof the following new without fiscal year limitation, $585,000,000 AGREEMENT. paragraph: for payment by the Secretary of the Treas- ‘‘(a) VOTE AUTHORIZED.—The United States ‘‘(12) CAPITAL INCREASE.— ury. Governor of the Corporation is authorized to ‘‘(A) SUBSCRIPTION AUTHORIZED.— ‘‘SEC. 222. MULTILATERAL DEBT RELIEF. vote in favor of a resolution to increase the ‘‘(i) The United States Governor of the ‘‘(a) The Secretary of the Treasury is au- capital stock of the Corporation by Bank may subscribe on behalf of the United thorized to contribute, on behalf of the $130,000,000. States up to 90,044 additional callable shares United States, not more than $60,000,000 to ‘‘(b) AMENDMENT OF THE ARTICLES OF of the capital stock of the Bank in accord- the African Development Fund for the pur- AGREEMENT.—The United States Governor of ance with Resolution No. 128 as adopted by pose of funding debt relief costs under the the Corporation is authorized to agree to and the Board of Governors of the Bank on May Multilateral Debt Relief Initiative incurred accept an amendment to Article IV, Section 14, 2010. in the period governed by the twelfth replen- 3(a) of the Articles of Agreement of the Cor- ‘‘(ii) Any subscription by the United States ishment of resources of the African Develop- poration that achieves an increase in basic to additional capital stock of the Bank shall ment Fund, subject to obtaining the nec- votes to 5.55 percent of total votes.’’. be effective only to such extent and in such essary appropriations and without prejudice (c) INTER-AMERICAN DEVELOPMENT BANK.— amounts as are provided in advance in appro- to any funding arrangements in existence on The Inter-American Development Bank Act, priations Acts. the date of the enactment of this section. Public Law 86–147, as amended (22 U.S.C. 283 ‘‘(B) LIMITATIONS ON AUTHORIZATION OF AP- ‘‘(b) In order to pay for the United States et seq.), is further amended by adding at the PROPRIATIONS.—In order to pay for the in- contribution provided for in subsection (a), end thereof the following new section: crease in the United States subscription to there are authorized to be appropriated, ‘‘SEC. 41. NINTH CAPITAL INCREASE. the Bank under subsection (A), there are au- without fiscal year limitation, not more ‘‘(a) VOTE AUTHORIZED.—The United States thorized to be appropriated, without fiscal than $60,000,000 for payment by the Secretary Governor of the Bank is authorized to vote year limitation, up to $1,252,331,952 for pay- of the Treasury. in favor of a resolution to increase the cap- ment by the Secretary of the Treasury.’’. ‘‘(c) In this section, the term ‘Multilateral ital stock of the Bank by $70,000,000,000 as de- Debt Relief Initiative’ means the proposal scribed in Resolution AG–7/10, ‘Report on the AUTHORITY FOR REPLENISHMENTS set out in the G8 Finance Ministers’ Ninth General Capital Increase in the re- SEC. 7084. (a) INTERNATIONAL DEVELOPMENT Communique´ entitled ‘Conclusions on Devel- sources of the Inter-American Development ASSOCIATION.—The International Develop- opment’, done at London, June 11, 2005, and Bank’ as approved by Governors on July 21, ment Association Act, Public Law 86–565, as reaffirmed by G8 Heads of State at the 2010. amended (22 U.S.C. 284 et seq.), is further Gleneagles Summit on July 8, 2005.’’. ‘‘(b) SUBSCRIPTION AUTHORIZED.— amended by adding at the end thereof the AUTHORITY FOR THE FUND FOR SPECIAL ‘‘(1) The United States Governor of the following new sections: OPERATIONS Bank may subscribe on behalf of the United ‘‘SEC. 26. SIXTEENTH REPLENISHMENT. SEC. 7085. Up to $36,000,000 of funds appro- States to 1,741,135 additional shares of the ‘‘(a) The United States Governor of the priated for the account ‘‘Department of the capital stock of the Bank. International Development Association is Treasury, Debt Restructuring’’ by the Full- ‘‘(2) Any subscription by the United States authorized to contribute on behalf of the Year Continuing Appropriations Act, 2011 to the capital stock of the Bank shall be ef- United States $4,075,500,000 to the sixteenth (Public Law 112–10, Division B) may be made fective only to such extent and in such replenishment of the resources of the Asso- available for the United States share of an amounts as are provided in advance in appro- ciation, subject to obtaining the necessary increase in the resources of the Fund for priations Acts. appropriations. Special Operations of the Inter-American ‘‘(c) LIMITATIONS ON AUTHORIZATION OF AP- ‘‘(b) In order to pay for the United States Development Bank in furtherance of debt re- PROPRIATIONS.— contribution provided for in subsection (a), lief provided to Haiti in view of the Cancun ‘‘(1) In order to pay for the increase in the there are authorized to be appropriated, Declaration of March 21, 2010. United States subscription to the Bank without fiscal year limitation, $4,075,500,000 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL under subsection (b), there are authorized to for payment by the Secretary of the Treas- ORGANIZATIONS be appropriated, without fiscal year limita- ury. SEC. 7086. Part I of the Foreign Assistance tion, $21,004,064,337 for payment by the Sec- ‘‘SEC. 27. MULTILATERAL DEBT RELIEF. Act of 1961 (22 U.S.C. 2151 et seq.) is amended retary of the Treasury. ‘‘(a) The Secretary of the Treasury is au- by inserting after section 104C, the following ‘‘(2) Of the amount authorized to be appro- thorized to contribute, on behalf of the new section: priated under paragraph (1)— United States, not more than $474,000,000 to ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. ‘‘(A) $510,090,175 shall be for paid in shares the International Development Association ‘‘Notwithstanding any other provision of of the Bank; and for the purpose of funding debt relief cost law, regulation, or policy, in determining ‘‘(B) $20,493,974,162 shall be for callable under the Multilateral Debt Relief Initiative eligibility for assistance authorized under shares of the Bank.’’. sections 104, 104A, 104B, and 104C— (d) AFRICAN DEVELOPMENT BANK.—The Af- incurred in the period governed by the six- rican Development Bank Act, Public Law 97– teenth replenishment of resources of the ‘‘(1) a foreign nongovernmental organiza- 35, as amended (22 U.S.C. 290i et seq.), is fur- International Development Association, sub- tion shall not be ineligible for such assist- ther amended by adding at the end thereof ject to obtaining the necessary appropria- ance solely on the basis of health or medical the following new section: tions and without prejudice to any funding services, including counseling and referral arrangements in existence on the date of the services, provided by such organization with ‘‘SEC. 1344. SIXTH CAPITAL INCREASE. enactment of this section. non-United States Government funds if such ‘‘(a) SUBSCRIPTION AUTHORIZED.— services are permitted in the country in ‘‘(1) The United States Governor of the ‘‘(b) In order to pay for the United States which they are being provided and would not Bank may subscribe on behalf of the United contribution provided for in subsection (a), violate United States law if provided in the States to 289,391 additional shares of the cap- there are authorized to be appropriated, United States; and ital stock of the Bank. without fiscal year limitation, not more ‘‘(2) a foreign nongovernmental organiza- ‘‘(2) Any subscription by the United States than $474,000,000 for payment by the Sec- tion shall not be subject to requirements re- to the capital stock of the Bank shall be ef- retary of the Treasury. lating to the use of non-United States Gov- fective only to such extent and in such ‘‘(c) In this section, the term ‘Multilateral ernment funds for advocacy and lobbying ac- amounts as are provided in advance in appro- Debt Relief Initiative’ means the proposal tivities other than those that apply to priations Acts. set out in the G8 Finance Ministers’ ´ United States nongovernmental organiza- ‘‘(b) LIMITATIONS ON AUTHORIZATION OF AP- Communique entitled ‘Conclusions on Devel- tions receiving assistance under this part.’’. PROPRIATIONS.— opment’, done at London, June 11, 2005, and ‘‘(1) In order to pay for the increase in the reaffirmed by G8 Heads of State at the (RESCISSIONS) United States subscription to the Bank Gleneagles Summit on July 8, 2005.’’. SEC. 7087. (a) Of the funds appropriated in under subsection (a), there are authorized to (b) AFRICAN DEVELOPMENT BANK.—The Af- prior Acts making appropriations for the De- be appropriated, without fiscal year limita- rican Development Fund Act, Public Law 94– partment of State, foreign operations, and tion, $4,322,228,221 for payment by the Sec- 302, as amended (22 U.S.C. 290g et seq.), is fur- related programs under the heading ‘‘Diplo- retary of the Treasury. ther amended by adding at the end thereof matic and Consular Programs’’, $13,700,000 ‘‘(2) Of the amount authorized to be appro- the following new sections: are rescinded, of which $8,000,000 shall be priated under paragraph (1)— ‘‘SEC. 221. TWELFTH REPLENISHMENT. from funds for Worldwide Security Protec- ‘‘(A) $259,341,759 shall be for paid in shares ‘‘(a) The United States Governor of the tion: Provided, That no amounts may be re- of the Bank; and Fund is authorized to contribute on behalf of scinded from amounts that were designated ‘‘(B) $4,062,886,462 shall be for callable the United States $585,000,000 to the twelfth by Congress as an emergency requirement shares of the Bank.’’. replenishment of the resources of the Fund, pursuant to a concurrent resolution on the (e) EUROPEAN BANK FOR RECONSTRUCTION subject to obtaining the necessary appropria- budget or the Balanced Budget and Emer- AND DEVELOPMENT.—The European Bank for tions. gency Deficit Control Act of 1985.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7569 (b) Of the unexpended balances available Congress as being for overseas contingency until September 30, 2013: Provided, That this under the heading ‘‘Export and Investment operations pursuant to section 251(b)(2)(A)(ii) amount is designated by Congress as being Assistance, Export-Import Bank of the of the Balanced Budget and Emergency Def- for overseas contingency operations pursu- United States, Subsidy Appropriation’’ from icit Control Act of 1985 (Public Law 99–177), ant to section 251(b)(2)(A)(ii) of the Balanced prior Acts making appropriations for the De- as amended. Budget and Emergency Deficit Control Act partment of State, foreign operations, and UNITED STATES AGENCY FOR of 1985 (Public Law 99–177), as amended. related programs, $300,000,000 are rescinded. INTERNATIONAL DEVELOPMENT NONPROLIFERATION, ANTI-TERRORISM, (c) Of the unexpended balances available to FUNDS APPROPRIATED TO THE PRESIDENT DEMINING AND RELATED PROGRAMS the President for bilateral economic assist- For an additional amount for ‘‘Non- ance under the heading ‘‘Economic Support OPERATING EXPENSES proliferation, Anti-terrorism, Demining and Fund’’ from prior Acts making appropria- For an additional amount for ‘‘Operating Related Programs’’, $27,500,000, to remain tions for the Department of State, foreign Expenses’’, $106,000,000, to remain available available until September 30, 2013: Provided, operations, and related programs, $150,000,000 until September 30, 2013: Provided, That this That this amount is designated by Congress are rescinded: Provided, That no amounts amount is designated by Congress as being as being for overseas contingency operations may be rescinded from amounts that were for overseas contingency operations pursu- pursuant to section 251(b)(2)(A)(ii) of the Bal- designated by Congress as an emergency re- ant to section 251(b)(2)(A)(ii) of the Balanced anced Budget and Emergency Deficit Control quirement pursuant to a concurrent resolu- Budget and Emergency Deficit Control Act Act of 1985 (Public Law 99–177), as amended. tion on the budget or the Balanced Budget of 1985 (Public Law 99–177), as amended. PEACEKEEPING OPERATIONS and Emergency Deficit Control Act of 1985. OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Peace- (d) The Secretary of State, as appropriate, For an additional amount for ‘‘Office of In- keeping Operations’’, $30,000,000, to remain shall consult with the Committees on Appro- spector General’’, $2,000,000, to remain avail- available until September 30, 2013: Provided, priations prior to implementing the rescis- able until September 30, 2013: Provided, That That this amount is designated by Congress sions made in this section. this amount is designated by Congress as as being for overseas contingency operations TITLE VIII being for overseas contingency operations pursuant to section 251(b)(2)(A)(ii) of the Bal- pursuant to section 251(b)(2)(A)(ii) of the Bal- OVERSEAS CONTINGENCY OPERATIONS anced Budget and Emergency Deficit Control anced Budget and Emergency Deficit Control DEPARTMENT OF STATE Act of 1985 (Public Law 99–177), as amended. Act of 1985 (Public Law 99–177), as amended. ADMINISTRATION OF FOREIGN AFFAIRS FUNDS APPROPRIATED TO THE PRESIDENT BILATERAL ECONOMIC ASSISTANCE DIPLOMATIC AND CONSULAR PROGRAMS FOREIGN MILITARY FINANCING PROGRAM FUNDS APPROPRIATED TO THE PRESIDENT (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Foreign INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘Diplomatic Military Financing Program’’, $989,000,000, to and Consular Programs’’, $3,773,701,000, to re- For an additional amount for ‘‘Inter- remain available until September 30, 2013: main available until September 30, 2013, of national Disaster Assistance’’, $150,000,000, to Provided, That this amount is designated by which $236,201,000 is for Worldwide Security remain available until September 30, 2013: Congress as being for overseas contingency Protection and shall remain available until Provided, That this amount is designated by operations pursuant to section 251(b)(2)(A)(ii) expended: Provided, That the Secretary of Congress as being for overseas contingency of the Balanced Budget and Emergency Def- State may transfer up to $230,000,000 of the operations pursuant to section 251(b)(2)(A)(ii) icit Control Act of 1985 (Public Law 99–177), total funds made available under this head- of the Balanced Budget and Emergency Def- as amended. icit Control Act of 1985 (Public Law 99–177), ing to any other appropriation of any depart- PAKISTAN COUNTER-INSURGENCY CAPABILITY as amended. ment or agency of the United States, upon FUND TRANSITION INITIATIVES the concurrence of the head of such depart- (INCLUDING TRANSFER OF FUNDS) ment or agency, to support operations in and For an additional amount for ‘‘Transition For necessary expenses to carry out the assistance for Afghanistan and to carry out Initiatives’’, $3,500,000, to remain available provisions of chapter 8 of part I and chapters the provisions of the Foreign Assistance Act until September 30, 2013: Provided, That this 2, 5, 6, and 8 of part II of the Foreign Assist- of 1961: Provided further, That funds appro- amount is designated by Congress as being ance Act of 1961 and section 23 of the Arms priated under this heading may be made for overseas contingency operations pursu- Export Control Act, $1,000,000,000, to remain available pursuant to the authority of sec- ant to section 251(b)(2)(A)(ii) of the Balanced available until September 30, 2012, for the tion 7032(u) of this Act: Provided further, Budget and Emergency Deficit Control Act purpose of providing assistance for Pakistan That each amount in this paragraph is des- of 1985 (Public Law 99–177), as amended. to build and maintain the counter-insur- ignated by Congress as being for overseas COMPLEX CRISES FUND gency capability of Pakistani security forces contingency operations pursuant to section (including the Frontier Corps), to include 251(b)(2)(A)(ii) of the Balanced Budget and For an additional amount for ‘‘Complex program management, training in civil-mili- Emergency Deficit Control Act of 1985 (Pub- Crises Fund’’, $45,000,000, to remain available tary humanitarian assistance, human rights lic Law 99–177), as amended. until September 30, 2013: Provided, That this amount is designated by Congress as being training, and the provision of equipment, OFFICE OF INSPECTOR GENERAL for overseas contingency operations pursu- supplies, services, training, and facility and For an additional amount for ‘‘Office of In- ant to section 251(b)(2)(A)(ii) of the Balanced infrastructure repair, renovation, and con- spector General’’, $63,954,000, to remain Budget and Emergency Deficit Control Act struction: Provided, That notwithstanding available until September 30, 2013, of which of 1985 (Public Law 99–177), as amended. any other provision of law except section $16,317,000 shall be for the Special Inspector ECONOMIC SUPPORT FUND 620M of the Foreign Assistance Act of 1961, as General for Iraq Reconstruction for recon- amended by this Act, such funds shall be For an additional amount for ‘‘Economic struction oversight, and $44,387,000 shall be available to the Secretary of State, with the Support Fund’’, $1,172,821,000, to remain for the Special Inspector General for Afghan- concurrence of the Secretary of Defense: Pro- available until September 30, 2013: Provided, istan Reconstruction for reconstruction vided further, That such funds may be trans- That this amount is designated by Congress oversight: Provided, That each amount in ferred by the Secretary of State to the De- as being for overseas contingency operations this paragraph is designated by Congress as partment of Defense or other Federal depart- pursuant to section 251(b)(2)(A)(ii) of the Bal- being for overseas contingency operations ments or agencies to support counter-insur- anced Budget and Emergency Deficit Control pursuant to section 251(b)(2)(A)(ii) of the Bal- gency operations and may be merged with, Act of 1985 (Public Law 99–177), as amended. anced Budget and Emergency Deficit Control and be available, for the same purposes and Act of 1985 (Public Law 99–177), as amended. MIGRATION AND REFUGEE ASSISTANCE for the same time period as the appropria- CONTRIBUTIONS FOR INTERNATIONAL For an additional amount for ‘‘Migration tion or fund to which transferred or may be PEACEKEEPING ACTIVITIES and Refugee Assistance’’, $100,000,000, to re- transferred pursuant to the authorities con- main available until September 30, 2013: Pro- tained in the Foreign Assistance Act of 1961: For an additional amount for ‘‘Contribu- vided, That this amount is designated by Provided further, That the Secretary of State tions for International Peacekeeping Activi- Congress as being for overseas contingency shall, not fewer than 15 days prior to making ties’’, $17,900,000, to remain available until operations pursuant to section 251(b)(2)(A)(ii) transfers from this appropriation, notify the September 30, 2013: Provided, That this of the Balanced Budget and Emergency Def- Committees on Appropriations, in writing, of amount is designated by Congress as being icit Control Act of 1985 (Public Law 99–177), the details of any such transfer: Provided fur- for overseas contingency operations pursu- as amended. ther, That the Secretary of State shall sub- ant to section 251(b)(2)(A)(ii) of the Balanced mit not later than 30 days after the end of Budget and Emergency Deficit Control Act INTERNATIONAL SECURITY ASSISTANCE each fiscal quarter to the Committees on Ap- of 1985 (Public Law 99–177), as amended. DEPARTMENT OF STATE propriations a report in writing summa- UNITED STATES INSTITUTE FOR PEACE INTERNATIONAL NARCOTICS CONTROL AND LAW rizing, on a project-by-project basis, the uses For an additional amount for ‘‘United ENFORCEMENT of funds under this heading: Provided further, States Institute for Peace’’, $8,411,000, to re- For an additional amount for ‘‘Inter- That upon determination by the Secretary of main available until September 30, 2013: Pro- national Narcotics Control and Law Enforce- State, with the concurrence of the Secretary vided, That this amount is designated by ment’’, $1,163,000,000, to remain available of Defense, that all or part of the funds so

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00149 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7570 CONGRESSIONAL RECORD — SENATE November 15, 2011 transferred from this appropriation are not GENERAL PROVISIONS At the end, add the following new section: necessary for the purposes herein, such SEC. 8001. Notwithstanding any other pro- SEC.lll. amounts may be transferred by the head of vision of law, funds made available under the This Act shall become effective 5 days the relevant Federal department or agency heading ‘‘Overseas Contingency Operations’’ after enactment. back to this appropriation and shall be avail- are in addition to amounts appropriated or able for the same purposes and for the same otherwise made available for the Depart- SA 961. Mr. REID proposed an amend- time period as originally appropriated: Pro- ment of State for fiscal year 2012. ment to amendment SA 960 proposed vided further, That any required notification SEC. 8002. Unless otherwise provided for in by Mr. REID to the bill H.R. 2354, mak- or report may be submitted in classified this Act, additional amounts appropriated ing appropriations for energy and form: Provided further, That the amount in under the heading ‘‘Overseas Contingency water development and related agen- this paragraph is designated by Congress as Operations’’ to appropriation accounts in being for overseas contingency operations this Act shall be available under the authori- cies for the fiscal year ending Sep- pursuant to section 251(b)(2)(A)(ii) of the Bal- ties and conditions applicable to such appro- tember 30, 2012, and for other purposes; anced Budget and Emergency Deficit Control priations accounts. as follows: Act of 1985 (Public Law 99–177), as amended. SEC. 8003. Notwithstanding any other pro- In the amendment, strike ‘‘5 days’’ and in- GLOBAL SECURITY CONTINGENCY FUND vision of law except section 620M of the For- sert ‘‘4 days’’. (INCLUDING TRANSFER OF FUNDS) eign Assistance Act, as amended by this Act, There is hereby established in the Treas- funds appropriated by this title may be SA 962. Mr. REID proposed an amend- ury of the United States the ‘‘Global Secu- transferred to, and merged with, funds ap- ment to the bill H.R. 2354, making ap- rity Contingency Fund’’. propriated by this title under the headings propriations for energy and water de- For necessary expenses to carry out the ‘‘Diplomatic and Consular Programs’’, velopment and related agencies for the provisions of the Foreign Assistance Act of ‘‘Worldwide Security Protection’’, ‘‘Office of Inspector General’’, ‘‘Contributions for fiscal year ending September 30, 2012, 1961 and the Arms Export Control Act to pro- and for other purposes; as follows: vide assistance, notwithstanding any other International Peacekeeping Activities’’, provision of law except sections 620A and ‘‘United States Institute for Peace’’, ‘‘United At the end, add the following new section: 620M of the Foreign Assistance Act of 1961, as States Agency for International Develop- SEC.lll. amended by this Act, for countries des- ment, Funds Appropriated to the President, This Act shall become effective 3 days ignated by the Secretary of State to enhance Operating Expenses’’, ‘‘United States Agency after enactment. the capabilities of military and police forces, for International Development, Funds Ap- and other security forces that conduct bor- propriated to the President, Office of Inspec- SA 963. Mr. REID proposed an amend- der and maritime security, internal security, tor General’’, ‘‘International Disaster Assist- ment to amendment SA 962 proposed and counter-terrorism operations, as well as ance’’, ‘‘Transition Initiatives’’, ‘‘Complex by Mr. REID to the bill H.R. 2354, mak- government agencies responsible for such Crises Fund’’, ‘‘Economic Support Fund’’, ing appropriations for energy and forces, and to strengthen democratic institu- ‘‘Migration and Refugee Assistance’’, ‘‘Inter- national Narcotics Control and Law Enforce- water development and related agen- tions including the justice sector (including cies for the fiscal year ending Sep- corrections) and respect for human rights ment’’, ‘‘Nonproliferation, Anti-terrorism, and the rule of law, where the Secretary of Demining, and Related Programs’’, ‘‘Peace- tember 30, 2012, and for other purposes; State, in consultation with the Secretary of keeping Operations’’, ‘‘Foreign Military Fi- as follows: Defense, determines that conflict or insta- nancing Program’’, ‘‘Pakistan Counter-in- In the amendment, strike ‘‘3 days’’ and in- bility in a country or region significantly surgency Capability Fund’’, and ‘‘Global Sta- sert ‘‘2 days’’. challenges the local capacity to deliver such bility Contingency Fund’’: Provided, That assistance, $50,000,000, to remain available such transfers shall be subject to the regular SA 964. Mr. REID proposed an amend- until September 30, 2013: Provided, That such notification procedures of the Committees ment to amendment SA 963 proposed on Appropriations: Provided further, That the assistance programs shall be formulated by by Mr. REID to the amendment SA 962 the Secretary of State in consultation with transfer authority in this section is in addition to any transfer authority otherwise proposed by Mr. REID to the bill H.R. the Secretary of Defense: Provided further, 2354, making appropriations for energy That programs carried out under this head- available under any other provision of law, ing shall be approved by the Secretary of including section 610 of the Foreign Assist- and water development and related State, in consultation with the Secretary of ance Act which may be exercised by the Sec- agencies for the fiscal year ending Sep- Defense, prior to implementation: Provided retary of State for the purposes of this title. tember 30, 2012, and for other purposes; further, That the authorities and require- This Act may be cited as the ‘‘Department as follows: ments of the Foreign Assistance Act of 1961 of State, Foreign Operations, and Related Programs Appropriations Act, 2012’’. In the amendment, strike ‘‘2 days’’ and in- shall apply to funds made available under sert ‘‘1 day’’. this heading: Provided further, That funds SA 958. Mr. REID proposed an amend- made available to the Department of Defense SA 965. Mr. HELLER submitted an in fiscal year 2012 may be transferred to, and ment to amendment SA 957 proposed by Mr. REID to the bill H.R. 2354, mak- amendment intended to be proposed to merged with, funds appropriated under this amendment SA 957 proposed by Mr. heading by the Secretary of Defense: Pro- ing appropriations for energy and vided further, That funds made available water development and related agen- REID to the bill H.R. 2354, making ap- under this heading may be transferred to the cies for the fiscal year ending Sep- propriations for energy and water de- most appropriate agency or account to fa- tember 30, 2012, and for other purposes; velopment and related agencies for the cilitate the provision of such assistance: Pro- as follows. fiscal year ending September 30, 2012, vided further, That the transfer authorities At the end, add the following new section: and for other purposes; which was or- under this paragraph are in addition to any SEC.lll. dered to lie on the table; as follows: other transfer authority available to the De- This Act shall become effective 7 days On page 72, between lines 15 and 16, insert partment of Defense: Provided further, That after enactment. the following: the amounts in this account may be used for SEC. lll. None of the funds made avail- necessary administrative expenses of the SA 959. Mr. REID proposed an amend- able by this Act may be used for the Yucca agencies planning and carrying out pro- ment to amendment SA 958 proposed Mountain Nuclear Waste Repository except grams: Provided further, That the head of any for costs relating to the orderly closeout of agency may detail personnel to the Depart- by Mr. REID to the amendment SA 957 the Repository. ment of State to carry out activities funded proposed by Mr. REID to the bill H.R. under this heading with or without reim- 2354, making appropriations for energy bursement for all or part of the costs of sala- and water development and related SA 966. Mr. PAUL submitted an ries and other expenses associated with such agencies for the fiscal year ending Sep- amendment intended to be proposed to personnel: Provided further, that no obliga- tember 30, 2012, and for other purposes; amendment SA 957 proposed by Mr. tion or transfer of funds may be made unless as follows: REID to the bill H.R. 2354, making ap- the Secretary of State and the Secretary of In the amendment, strike ‘‘7 days’’ and in- propriations for energy and water de- Defense have notified the Committees on Ap- sert ‘‘6 days’’. velopment and related agencies for the propriations at least 15 days prior to any fiscal year ending September 30, 2012, such obligation or transfer: Provided further, SA 960. Mr. REID proposed an amend- and for other purposes; which was or- That the amount in this paragraph is des- ment to the bill H.R. 2354, making ap- ignated by Congress as being for overseas dered to lie on the table; as follows: contingency operations pursuant to section propriations for energy and water de- On page 47, strike lines 1 through 5. 251(b)(2)(A)(ii) of the Balanced Budget and velopment and related agencies for the Emergency Deficit Control Act of 1985 (Pub- fiscal year ending September 30, 2012, SA 967. Mr. PAUL submitted an lic Law 99–177), as amended. and for other purposes; as follows: amendment intended to be proposed to

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00150 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7571 amendment SA 957 proposed by Mr. the Government of Argentina by that insti- amendment SA 957 proposed by Mr. REID to the bill H.R. 2354, making ap- tution; and REID to the bill H.R. 2354, making appropriations for energy and water de- (2) to initiate discussions with the other propriations for energy and water de- Executive Directors of the institution to ad- velopment and related agencies for the vocate for and vigorously promote efforts to velopment and related agencies for the fiscal year ending September 30, 2012, encourage the Government of Argentina— fiscal year ending September 30, 2012, and for other purposes; which was or- (A) to repay debts owed to the official and for other purposes; which was ordered to lie on the table; as follows: creditors of Argentina; dered to lie on the table; as follows: At the end of title V of division A, add the (B) to repay debts owed to the private In the matter under the heading ‘‘DEFENSE following: creditors of Argentina; ENVIRONMENTAL CLEANUP’’ under the heading SEC. 5ll. None of the funds made avail- (C) to comply with recommendations of the ‘‘ENVIRONMENTAL AND OTHER DE- able to the Corps of Engineers, the Environ- Financial Action Task Force; and FENSE ACTIVITIES’’ of title III of division mental Protection Agency, or the Office of (D) to comply with dispute settlement pro- A, before the period, insert the following: ‘‘: Surface Mining Reclamation and Enforce- ceedings under the auspices of the Inter- Provided further, That not more than ment under this Act may be used to carry national Centre for Settlement of Invest- $933,712,000 may be used for cleanup activi- out, implement, administer, or enforce any ment Disputes. ties under this heading at the Hanford site policy or procedure set forth in— (b) Subsection (a)(1) does not apply to and, not later than 60 days after the date of (1) the memorandum issued by the Envi- loans to the Government of Argentina to enactment of this Act, the Comptroller Gen- ronmental Protection Agency and Depart- serve basic human needs. eral of the United States shall submit to (c) The President may waive the applica- ment of the Army entitled ‘‘Enhanced Sur- Congress a report describing alternatives for tion of subsection (a)(1) if the President de- face Coal Mining Pending Permit Coordina- minimizing the total costs necessary to en- termines and reports to Congress that— tion Procedures’’ and dated June 11, 2009; sure contamination associated with the Han- (1) applying that subsection would cause (2) the guidance (including any revision of ford site does not pose risks to human health serious harm to the national security of the the guidance) issued by the Environmental United States; or and safety or the environment off-site and Protection Agency entitled ‘‘Improving EPA (2) it is in the vital economic interests of provides an accounting for funds that have Review of Appalachian Surface Coal Mining the United States to do so. been spent on cleanup on the site before the Operations under the Clean Water Act, Na- (d) The provisions of this section shall ter- date of enactment of this Act’’. tional Environmental Policy Act, and the minate on the date on which the Secretary Environmental Justice Executive Order’’ and of the Treasury certifies to Congress that SA 972. Mr. SESSIONS submitted an dated April 1, 2010; the Government of Argentina has made sub- amendment intended to be proposed to (3) the final guidance issued by the Envi- stantial progress in each of the following amendment SA 957 proposed by Mr. ronmental Protection Agency entitled ‘‘Im- areas: REID to the bill H.R. 2354, making approving EPA Review of Appalachian Surface (1) Repaying debts owed to the official propriations for energy and water de- Coal Mining Operations Under the Clean creditors of Argentina. Water Act, National Environmental Policy velopment and related agencies for the (2) Repaying debts owed to the private fiscal year ending September 30, 2012, Act, and the Environmental Justice Order’’ creditors of Argentina. and dated July 21, 2011; or (3) Complying with recommendations of and for other purposes; which was or- (4) any draft or final criteria document of the Financial Action Task Force. dered to lie on the table; as follows: the Environmental Protection Agency that (4) Complying with dispute settlement pro- On page 44, beginning on line 9, strike ‘‘re- relates to ambient water quality criteria for ceedings under the auspices of the Inter- newable energy’’ and all that follows conductivity in freshwater, including the national Centre for Settlement of Invest- through ‘‘2005’’ on line 21, and insert ‘‘eligi- document entitled ‘‘A Field-Based Aquatic ment Disputes. ble projects under section 1703 of the Energy Life Benchmark for Conductivity in Central (e) In this section, the term ‘‘international Policy Act of 2005 (42 U.S.C. 16513), Appalachian Streams’’ and dated March 2011, financial institution’’ means any of the in- $200,000,000 is appropriated, to remain avail- that is based on a field methodology that stitutions specified in section 1701(c)(2) of able until expended: Provided, That the quantifies narrative conductivity criteria or the International Financial Institutions Act amounts in this section are in addition to develops numeric conductivity criteria. (22 U.S.C. 262r(c)(2)). those provided in any other Act’’. SA 968. Mr. PAUL submitted an SA 970. Mr. MCCAIN (for himself and SA 973. Mr. BLUNT (for himself, Mr. amendment intended to be proposed to Mrs. MCCASKILL) submitted an amend- INHOFE, and Mrs. MCCASKILL) sub- amendment SA 957 proposed by Mr. ment intended to be proposed to mitted an amendment intended to be REID to the bill H.R. 2354, making ap- amendment SA 957 proposed by Mr. proposed to amendment SA 957 pro- EID propriations for energy and water de- R to the bill H.R. 2354, making ap- posed by Mr. REID to the bill H.R. 2354, velopment and related agencies for the propriations for energy and water de- making appropriations for energy and fiscal year ending September 30, 2012, velopment and related agencies for the water development and related agen- and for other purposes; which was or- fiscal year ending September 30, 2012, cies for the fiscal year ending Sep- and for other purposes; which was ordered to lie on the table; as follows: tember 30, 2012, and for other purposes; dered to lie on the table; as follows: Beginning on page 44, strike line 6 and all which was ordered to lie on the table; that follows through page 46, line 23. In title I, at the end of the sections under as follows: the heading ‘‘GENERAL PROVISIONS— On page 218, between lines 6 and 7 insert At the end of the matter under the heading the following: CORPS OF ENGINEERS—CIVIL’’, add the following: ‘‘GENERAL PROVISIONS’’ of title V, insert SEC.l. There is appropriated, out of any SEC. lll. None of the funds made avail- the following: funds in the Treasury not otherwise appro- able by this Act may be used for any non- SEC. lll. (a) Section 4(e) of the Federal priated, for the highway bridge program es- competitive contract issued by the Corps to Power Act (16 U.S.C. 797(e)) is amended— tablished under section 144 of title 23, United any Alaska Native Corporation or any sub- (1) by designated the first, second, and States Code, $238,000,000, to remain available sidiary of any Alaska Native Corporation for third sentences as paragraphs (1) through (3) until expended. the procurement of services in an amount respectively; and that exceeds $4,000,000 or for the procure- (2) in paragraph (3) (as so designated), by SA 969. Mr. RUBIO submitted an ment of property in an amount that exceeds inserting ‘‘private landownership and private amendment intended to be proposed to $6,500,000 unless— use of land,’’ before ‘‘recreational opportuni- amendment SA 957 proposed by Mr. (1) the contracting officer justifies in writ- ties’’. REID to the bill H.R. 2354, making ap- ing the use of the contract; and (b) Section 10 of the Federal Power Act (16 propriations for energy and water de- (2) the justification— U.S.C. 803) is amended— velopment and related agencies for the (A) includes a determination that the non- (1) in subsection (a)(1), by inserting ‘‘pri- fiscal year ending September 30, 2012, competitive contract is in the best interest vate landownership and private use of land,’’ of the Department of the Army; after ‘‘water supply’’; and and for other purposes; which was or- (B) is approved by the appropriate official (2) by adding at the end the following: dered to lie on the table; as follows: in the Department of the Army authorized to ‘‘(k) In developing any recreational re- At the end of title VII of division C, add approve contract awards for dollar amounts source within the project boundary, the li- the following: comparable to the amount of the non- censee shall consider private landownership SEC. 7088. (a) Subject to subsections (b), (c), competitive contract; and as a means to encourage and facilitate— and (d), the Secretary of the Treasury shall (C) the justification and related informa- ‘‘(1) private investment; and direct the United States Executive Director tion are made available to the public. ‘‘(2) increased tourism and recreational of each international financial institution— use.’’. (1) to use the voice and vote of the United SA 971. Mr. SESSIONS submitted an (c) Section 28 of the Federal Power Act (16 States to oppose the provision of a loan to amendment intended to be proposed to U.S.C. 822) is repealed.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00151 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7572 CONGRESSIONAL RECORD — SENATE November 15, 2011 SA 974. Mr. BLUNT (for himself and emergency declared by the Governor of the making appropriations for energy and Mrs. MCCASKILL) submitted an amend- State and concurred in by the Secretary of water development and related agen- ment intended to be proposed to Homeland Security, or declared by the Presi- cies for the fiscal year ending Sep- amendment SA 957 proposed by Mr. dent pursuant to the Robert T. Stafford Dis- tember 30, 2012, and for other purposes; aster Relief and Emergency Assistance Act REID to the bill H.R. 2354, making ap- (42 U.S.C. 5121 et seq.) and that is in oper- which was ordered to lie on the table; propriations for energy and water de- ation or under construction on the date on as follows: velopment and related agencies for the which the disaster occurs— On page 134, after line 23, add the fol- fiscal year ending September 30, 2012, (1) may be reconstructed in the same loca- lowing: and for other purposes; which was or- tion with the same capacity, dimensions, and SEC. lll. (a) ELIGIBILITY FOR STATE dered to lie on the table; as follows: design as before the disaster or emergency SWIMMING POOL SAFETY GRANT PROGRAM OF using amounts made available by this Act; CONSUMER PRODUCT SAFETY COMMISSION.— At the end of the matter under the heading and Section 1405(b)(1)(A) of the Virginia Graeme ‘‘GENERAL PROVISIONS’’ of title V, insert (2) shall be exempt from any environ- Baker Pool and Spa Safety Act (15 U.S.C. the following: mental reviews, approvals, licensing, and 8004(b)(1)(A)) is amended by inserting ‘‘new’’ SEC. ll. (a) None of the funds appro- permit requirements under— before ‘‘swimming pools’’. priated or otherwise made available by this (A) the National Historic Preservation Act (b) RETENTION OF UNEXPENDED AND UNOBLI- Act shall be used by the Federal Energy Reg- (16 U.S.C. 470 et seq.); GATED AMOUNTS.—Section 1405(e) of the Vir- ulatory Commission to issue any order, in- (B) the Migratory Bird Treaty Act (16 ginia Graeme Baker Pool and Spa Safety Act cluding any order at the request of the li- U.S.C. 703 et seq.); (15 U.S.C. 8004(e)) is amended by striking censee, directing the licensee of the Osage (C) the Fish and Wildlife Coordination Act ‘‘fiscal year 2011’’ and inserting ‘‘fiscal years Hydroelectric Project No. 459 project to re- (16 U.S.C. 661 et seq.); 2011 and 2012’’. move or dismantle residential dwellings or (D) the Wild and Scenic Rivers Act (16 (c) REDUCTION IN MINIMUM STATE LAW RE- structures that are located within the U.S.C. 1271 et seq.); QUIREMENTS.—Section 1406(a)(1)(A)(iv) of the project boundary unless the licensee has first (E) the Endangered Species Act of 1973 (16 Virginia Graeme Baker Pool and Spa Safety submitted a plan to revise the project bound- U.S.C. 1531 et seq.), except when the recon- Act (15 U.S.C. 8005(a)(1)(A)(iv)) is amended by ary. struction occurs in designated critical habi- striking ‘‘; and’’ and inserting ‘‘; or’’. (b) The Federal Energy Regulatory Com- tat for threatened and endangered species; (d) ELIMINATION OF REQUIREMENT FOR RE- mission shall not withhold approval of the (F) sections 402 and 404 of the Federal FLECTION OF NATIONAL PERFORMANCE STAND- plan described in subsection (a) if the plan Water Pollution Control Act (33 U.S.C. 1342, ARDS AND COMMISSION GUIDELINES.—Section will preserve the primary purpose of power 1344); 1406(a) of the Virginia Graeme Baker Pool generation of the project. (G) the National Environmental Policy Act and Spa Safety Act (15 U.S.C. 8005(a)) is (c) Licensee resolution of the project of 1969 (42 U.S.C. 4321 et seq.); amended by striking paragraph (4). boundary described in subsection (a) shall in- (H) Executive Order 11990 (42 U.S.C. 4321 clude the following actions: note; relating to the protection of wetland); SA 979. Mr. BEGICH– (for himself, (1) The contour elevation at 662 feet Union Mr. MCCAIN, Mr. VITTER, and Mrs. Electric datum shall be the new project and SHAHEEN) submitted an amendment in- boundary. (I) any Federal law (including regulations) (2) Any existing structure on any property requiring no net loss of wetland. tended to be proposed to amendment SA 957 proposed by Mr. REID to the bill owned by any private owner with a valid SA 977. Mr. NELSON of Florida sub- property right (as of the date of enactment H.R. 2354, making appropriations for of this Act) above the contour elevation de- mitted an amendment intended to be energy and water development and re- scribed in paragraph (1) shall no longer be proposed to amendment SA 957 pro- lated agencies for the fiscal year end- considered within the project boundary. posed by Mr. REID to the bill H.R. 2354, ing September 30, 2012, and for other (3) Any encroachment on land within the making appropriations for energy and purposes; which was ordered to lie on project boundary above the contour ele- water development and related agen- the table; as follows: vation described in paragraph (1) is con- cies for the fiscal year ending Sep- sistent with the purposes of the project un- At the end of title III of division A, add the tember 30, 2012, and for other purposes; following: less the encroachment significantly impedes which was ordered to lie on the table; the Bagnell Dam from generating power. SEC. 313. (a) Of the amounts appropriated as follows: or otherwise made available by this title SA 975. Mr. BLUNT (for himself and On page 88, between lines 19 and 20, insert under the heading ‘‘NATIONAL NUCLEAR the following: SECURITY ADMINISTRATION’’ under the Mrs. MCCASKILL) submitted an amend- SEC. ll. (a) The Internal Revenue Service heading ‘‘ATOMIC ENERGY DEFENSE AC- ment intended to be proposed to shall develop and implement a comprehen- TIVITIES’’— amendment SA 957 proposed by Mr. sive initiative to prevent, detect, and resolve (1) the amount appropriated under the REID to the bill H.R. 2354, making ap- instances of tax fraud involving identity heading ‘‘WEAPONS ACTIVITIES’’ is hereby in- propriations for energy and water de- theft. The initiative shall include: (1) a re- creased by $321,474,000; and velopment and related agencies for the port to Congress outlining and describing the (2) the amount appropriated under the fiscal year ending September 30, 2012, Internal Revenue Service’s initiative, includ- heading ‘‘DEFENSE NUCLEAR NONPROLIFERA- and for other purposes; which was oring measures it will use to evaluate the ini- TION (INCLUDING RESCISSION)’’ is hereby increased by $85,131,000. dered to lie on the table; as follows: tiative’s effectiveness, submitted not later than 180 days after the date of the enactment (b) The amount to be appropriated or oth- In the matter under the heading ‘‘CON- of this Act; (2) an expansion of the Identity erwise made available for the Patriot/ STRUCTION, GENERAL’’ under the heading Protection Personal Identification Number MEADS Combined Aggregate Program for ‘‘CORP OF ENGINEERS—CIVIL, DEPART- (ID PIN) program; (3) the establishment of a fiscal year 2012 should be $406,605,000 less MENT OF THE ARMY’’ under the heading Local Law Enforcement Liaison to facilitate than the amount specified to be made avail- ‘‘CORP OF ENGINEERS—CIVIL’’ insert ‘‘of and coordinate, to the extent permissible, able for that Program for that fiscal year which not more than $22,000,000 shall be tax fraud investigations with State and local pursuant to the matter under the heading made available to carry out Missouri River law enforcement agencies; and (4) an evalua- ‘‘RESEARCH, DEVELOPMENT, TEST AND EVAL- Fish and Wildlife Recovery activities;’’ after tion of the role of prepaid debit cards and UATION, ARMY’’ in title IV of H.R. 2219, 112th ‘‘Public Law 104–303;’’. commercial tax preparation software in fa- Congress, as reported by the Committee on cilitating fraudulent tax refunds. Appropriations of the Senate on September SA 976. Mr. BLUNT (for himself and (b) The Secretary of the Treasury shall re- 15, 2011. Mrs. MCCASKILL) submitted an amend- view whether current Federal tax laws and ment intended to be proposed to regulations related to the confidentiality SA 980. Mr. WEBB (for himself, Mr. amendment SA 957 proposed by Mr. and disclosure of return information prevent BOOZMAN, Mr. HELLER, Mr. ROBERTS, REID to the bill H.R. 2354, making ap- the effective enforcement of local, State, and and Mr. BEGICH) submitted an amend- propriations for energy and water de- Federal identity theft statutes, and submit a ment intended to be proposed by him report to Congress not later than 180 days to the bill H.R. 2354, making appropria- velopment and related agencies for the after the date of the enactment of this Act fiscal year ending September 30, 2012, with such legislative recommendations as tions for energy and water develop- and for other purposes; which was or- may be appropriate. ment and related agencies for the fiscal dered to lie on the table; as follows: year ending September 30, 2012, and for At the end of title I of division A, add the SA 978. Mr. NELSON of Florida sub- other purposes; which was ordered to following: mitted an amendment intended to be lie on the table; as follows: SEC. 1ll. Any levee, lock, or dam that is proposed to amendment SA 957 pro- At the end of title I of division A, and add damaged or destroyed by major disaster or posed by Mr. REID to the bill H.R. 2354, the following:

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SEC. 1ll. None of the funds made avail- the appropriate subsurface area from the In the matter under the heading ‘‘OPER- able under this Act may be used to imple- Secretary of the Interior to the Smithsonian ATION AND MAINTENANCE’’ under the heading ment or enforce section 327.13(a) of title 36, Institution. ‘‘CORP OF ENGINEERS—CIVIL’’ under the head- Code of Federal Regulations (or successor SEC. ll5. CONSIDERATION OF RECOMMENDA- ing ‘‘CORP OF ENGINEERS—CIVIL, DE- regulation). TIONS OF COMMISSION. PARTMENT OF THE ARMY’’, strike ‘‘such In carrying out its duties under this title, fees have been collected’’ and all that follows SA 981. Mr. PRYOR (for himself and the Board of Regents of the Smithsonian In- through the matter under the heading ‘‘REG- Mr. BOOZMAN) submitted an amend- stitution shall take into consideration the ULATORY PROGRAM’’ and insert the following: ment intended to be proposed by him reports and plans submitted by the Commis- such fees have been collected; Provided, to the bill H.R. 2354, making appropria- sion to Study the Potential Creation of a Na- That no funds shall be made available to tions for energy and water develop- tional Museum of the American Latino carry out a project for the dredging of small under section 333 of the Consolidated Natural ment and related agencies for the fiscal ports unless the project complies with a ton- Resources Act of 2008 (Public Law 110–229; 122 nage requirement of a minimum of 500,000 year ending September 30, 2012, and for Stat. 784). tons, which shall be calculated by each rel- other purposes; which was ordered to evant port authority and submitted to the lie on the table; as follows: SA 983. Mrs. MCCASKILL (for herself Corps of Engineers. LUNT On page 47, line 13, strike ‘‘$237,623,000’’ and and Mr. B ) submitted an amend- REGULATORY PROGRAM insert ‘‘$235,848,000’’. ment intended to be proposed to None of the funds made available by this On page 67, line 9, strike ‘‘$9,925,000’’ and amendment SA 957 proposed by Mr. Act may be used to enforce laws pertaining insert ‘‘$11,700,000’’. REID to the bill H.R. 2354, making ap- to regulation of navigable waters and wet- propriations for energy and water de- lands: Provided, That $64,333,333 shall be de- SA 982. Mr. MENENDEZ (for himself, velopment and related agencies for the posited in the Harbor Maintenance Trust Mr. REID, and Mr. RUBIO) submitted an fiscal year ending September 30, 2012, Fund established by section 9505 of the Inter- amendment intended to be proposed by and for other purposes; which was or- nal Revenue Code of 1954: Provided further, him to the bill H.R. 2354, making ap- dered to lie on the table; as follows: That $128,666,667 shall be deposited in the Treasury and used for Federal budget deficit propriations for energy and water de- At the end of title I of division A, add the reduction or, if there is no Federal budget velopment and related agencies for the following: deficit, for reducing the Federal debt in such fiscal year ending September 30, 2012, SEC. 1ll. None of the funds made avail- and for other purposes; which was or- able under this Act shall be used by the manner as the Secretary of the Treasury considers appropriate. dered to lie on the table; as follows: Corps of Engineers to issue unsolicited ‘‘will- At the end of division A, add the following: ing seller’’ letters to floodplain landowners during a flood event, as determined by the SA 987. Mr. RUBIO (for himself, Mr. TITLE ll—SMITHSONIAN AMERICAN Chief of Engineers, regardless of whether the CORNYN, and Mrs. HUTCHISON) sub- LATINO MUSEUM flood event is designated as a major disaster mitted an amendment intended to be SEC. ll1. SHORT TITLE. pursuant to the Robert T. Stafford Disaster proposed by him to the bill H.R. 2354, This title may be cited as the ‘‘Smithso- Relief and Emergency Assistance Act (42 making appropriations for energy and nian American Latino Museum Act’’. U.S.C. 5121 et seq.). water development and related agen- SEC. ll2. ESTABLISHMENT OF MUSEUM. There is established within the Smithso- SA 984. Mr. ROBERTS submitted an cies for the fiscal year ending Sep- nian Institution a museum to be known as amendment intended to be proposed to tember 30, 2012, and for other purposes; the ‘‘Smithsonian American Latino Mu- amendment SA 957 proposed by Mr. which was ordered to lie on the table; seum’’. REID to the bill H.R. 2354, making ap- as follows: SEC. ll3. LOCATION AND AUTHORIZATION. propriations for energy and water de- At the appropriate place, insert the fol- (a) ARTS AND INDUSTRIES BUILDING.—The velopment and related agencies for the lowing: Arts and Industries Building of the Smithso- fiscal year ending September 30, 2012, SEC. lll. No funds made available under nian Institution, located on the National this Act may be used for the implementa- Mall at 900 Jefferson Drive, Southwest, and for other purposes; which was or- tion, enforcement, administration, or final- Washington, District of Columbia, including dered to lie on the table; as follows: ization of regulations based on or under the a new underground annex facility, is des- At the appropriate place, insert the fol- Notice of Proposed Rulemaking published in ignated as the location of the Smithsonian lowing: the Federal Register on January 7, 2011 (76 American Latino Museum. SEC. ll. None of the funds made available Fed. Reg. 1105; REG-146097-09), and corrected (b) PLANNING AND CONSTRUCTION.—The in this Act may be used by the Federal Com- on January 18, 2011 (76 Fed. Reg. 2852), by the Board of Regents of the Smithsonian Institu- munications Commission to remove the con- Internal Revenue Service of the Department tion, in consultation with the Secretary of ditions imposed on commercial terrestrial of the Treasury. the Interior, the Commission of Fine Arts, operations in the Order and Authorization and the National Capital Planning Commis- adopted by the Commission on January 26, SA 988. Mr. ENZI (for himself, Mr. sion, and with other appropriate Federal and 2011 (DA 11–133), or otherwise permit such op- DEMINT, Mr. PAUL, and Mr. JOHANNS) local agencies, is authorized to prepare erations, until the Commission has resolved submitted an amendment intended to plans, design, renovate, rehabilitate, and concerns of potential widespread harmful in- construct the Smithsonian American Latino terference by such commercial terrestrial be proposed to amendment SA 957 pro- Museum facility, as referred to in the May operations to commercially available Global posed by Mr. REID to the bill H.R. 2354, 2011 Report to Congress of the Commission Positioning System devices. making appropriations for energy and to Study the Potential Creation of a Na- water development and related agen- tional Museum of the American Latino. SA 985. Ms. MURKOWSKI submitted cies for the fiscal year ending Sep- (c) SCHEDULE AND FUNDING.— an amendment intended to be proposed tember 30, 2012, and for other purposes; (1) IN GENERAL.—The Board of Regents is to amendment SA 957 proposed by Mr. which was ordered to lie on the table; authorized to prepare a plan of action for the REID to the bill H.R. 2354, making ap- as follows: Smithsonian American Latino Museum, and propriations for energy and water de- to identify and evaluate viable funding mod- On page 72, between lines 15 and 16, insert els for both construction and operation of velopment and related agencies for the the following: the Museum. fiscal year ending September 30, 2012, SEC. lll. None of the funds made avail- (2) TIMING.—The plan of action authorized and for other purposes; which was or- able by this Act may be used— in paragraph (1) shall be concluded not later dered to lie on the table; as follows: (1) to implement or enforce section than 18 months after the date of enactment Beginning on page 120, line 19, strike ‘‘: 430.32(x) of title 10, Code of Federal Regula- of this Act. Provided further,’’ and all that follows tions (as in effect on the date of enactment SEC. ll4. AGREEMENT WITH SECRETARY OF through page 121, line 4, and insert a period. of this Act); or THE INTERIOR. (2) to implement or enforce the standards The Secretary of the Interior and the SA 986. Mr. PAUL submitted an established by the tables contained in sec- Board of Regents of the Smithsonian Institu- amendment intended to be proposed to tion 325(i)(1)(B) of the Energy Policy and tion shall enter into an agreement that— amendment SA 957 proposed by Mr. Conservation Act (42 U.S.C. 6295(i)(1)(B)) (1) allows for the planning, design, and con- with respect to ER incandescent reflector REID to the bill H.R. 2354, making ap- lamps, BR incandescent reflector lamps, and struction of the underground annex facility propriations for energy and water de- by the Board of Regents, in a manner harmo- BPAR incandescent reflector lamps. nious with and to protect the open space and velopment and related agencies for the visual sightlines of the Mall; and fiscal year ending September 30, 2012, SA 989. Mr. THUNE submitted an (2) provides a timeline for the transfer of and for other purposes; which was or- amendment intended to be proposed to administrative jurisdiction, if necessary, of dered to lie on the table; as follows: amendment SA 957 proposed by Mr.

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(i) this title; and and for other purposes; which was or- (c) REVISION.— (ii) the plan approved under section 107(c) dered to lie on the table; as follows: (1) IN GENERAL.—The report shall be re- for the State; and Strike section 102 of title I (under the vised throughout the year as may be nec- (B) have the power to terminate payments heading ‘‘CORPS OF ENGINEERS—CIVIL, essary to reflect substantial changes in the to the State in accordance with paragraph DEPARTMENT OF THE ARMY’’). activities assisted using amounts provided (2). under this title. (2) NONCOMPLIANCE.— SA 990. Mr. DEMINT submitted an (2) AVAILABILITY AND COMMENT.—Any revi- (A) IN GENERAL.— amendment intended to be proposed by sion in the report shall be subject to sub- (i) APPLICATION.—This subparagraph ap- him to the bill H.R. 2354, making ap- section (b). plies if the Secretary, after reasonable no- propriations for energy and water de- (d) NO ADDITIONAL REPORTS.—The Sec- tice to a State and opportunity for a hear- retary may not impose any reporting re- ing, finds that— velopment and related agencies for the quirements on States to carry out this title fiscal year ending September 30, 2012, (I) there has been a failure by the State to that are in addition to the reports specifi- comply substantially with any provision or and for other purposes; which was or- cally required under this title. requirement set forth in the plan approved dered to lie on the table; as follows: SEC. 106. LEAD AGENCY. under section 107(c) for the State in a man- At the appropriate place, insert the fol- (a) DESIGNATION.—The chief executive offi- ner that constitutes fraud or abuse; or lowing: cer of a State that seeks to receive a grant (II) in the operation of any program or ac- DIVISION ll—CORPS OF ENGINEERS under this title shall designate, in an appli- tivity for which assistance is provided under REFORM cation submitted to the Secretary under sec- this title, there is a failure by the State to tion 107, an appropriate State agency that SECTION 1. SHORT TITLE. comply substantially with any provision of complies with subsection (b) to act as the this title in a manner that constitutes fraud This division may be cited as the ‘‘Corps of lead agency for the State. or abuse. Engineers Reform Act of 2011’’. (b) DUTIES.— (ii) NOTICE.—If the Secretary makes the TITLE I—HARBOR MAINTENANCE (1) IN GENERAL.—The lead agency shall— finding described in subclause (I) or (II) of REFORM (A) administer, directly or through other clause (i), the Secretary shall notify the SEC. 101. PURPOSE. State agencies, the financial assistance re- State of the finding and that no further pay- The purpose of this title is to establish a ceived under this title by the State; ments will be made to the State under this (B) develop the State plan to be submitted harbor maintenance block grant program to title (or, in the case of noncompliance in the to the Secretary under section 107(a)(2); provide the maximum flexibility to each operation of a program or activity, that no (C) in conjunction with the development of State to carry out harbor maintenance and further payments to the State will be made the State plan, hold at least 1 hearing in the deepening projects in the State. with respect to the program or activity) State to provide to the public an opportunity until the Secretary is satisfied that there is SEC. 102. DEFINITIONS. to comment on the State plan; and no longer any such failure to comply or that Except as otherwise specifically provided, (D) coordinate the implementation of har- the noncompliance will be promptly cor- in this title: bor maintenance projects under this title rected. (1) HARBOR MAINTENANCE.—The term ‘‘har- with applicable Federal, State, and local (B) ADDITIONAL SANCTIONS.—In the case of bor maintenance’’ means any project di- agencies. a finding of noncompliance made pursuant to rectly related to the operations and mainte- (2) DEVELOPMENT OF PLAN.—In the develop- nance of a harbor, including additional de- ment of the State plan described in para- subparagraph (A), the Secretary may, in ad- velopment of a harbor. graph (1)(B), the lead agency shall consult dition to imposing the sanctions described in (2) LEAD AGENCY.—The term ‘‘lead agency’’ with appropriate representatives of units of subparagraph (A), impose other appropriate means the agency designated under section general purpose local government on issues sanctions, including recoupment of funds im- 106(a). relating to the State plan. properly expended for purposes prohibited or (3) SECRETARY.—The term ‘‘Secretary’’ not authorized by this title, and disqualifica- SEC. 107. APPLICATION AND PLAN. means the Secretary of the Army, acting tion from the receipt of financial assistance (a) APPLICATION.—To be eligible to receive through the Chief of Engineers. under this title. assistance under this title, a State shall pre- (4) STATE.—The term ‘‘State’’ means— (C) NOTICE.—The notice required under pare and submit to the Secretary an applica- (A) a State; subparagraph (A) shall include specific iden- tion at such time, in such manner, and con- (B) the District of Columbia; tification of any additional sanction being taining such information as the Secretary (C) the Commonwealth of Puerto Rico; and imposed under subparagraph (B). shall by rule require, including— (D) any other territory or possession of the (1) an assurance that the State will comply (3) PROCEDURES.—The Secretary shall es- United States. with the requirements of this title; and tablish by regulation procedures for— SEC. 103. FUNDING. (2) a State plan that meets the require- (A) receiving, processing, and determining The harbor maintenance block grant pro- ments of subsection (b). the validity of complaints concerning any gram established under section 104 shall be (b) REQUIREMENTS OF A PLAN.— failure of a State to comply with the State funded from the State Harbor Maintenance (1) LEAD AGENCY.—The State plan shall plan or any requirement of this title; and Block Grant Account established under sec- identify the lead agency. (B) imposing sanctions under this section. tion 9505 of the Internal Revenue Code of (2) USE OF BLOCK GRANT FUNDS.—The State SEC. 110. PAYMENTS. 1986. plan shall provide that the State shall use SEC. 104. ESTABLISHMENT OF HARBOR MAINTE- the amounts provided to the State for each (a) IN GENERAL.— NANCE BLOCK GRANT PROGRAM. fiscal year under this title to carry out har- (1) PAYMENTS.—A State that has an appli- The Secretary shall establish a program to bor maintenance and deepening projects. cation approved by the Secretary under sec- make grants to States in accordance with (c) APPROVAL OF APPLICATION.—The Sec- tion 107(c) shall be entitled to a payment this title to carry out harbor maintenance retary shall approve an application that sat- under this section for each fiscal year in an and deepening projects located in partici- isfies the requirements of this section. amount that is equal to the allotment of the pating States in accordance with the prior- SEC. 108. EFFECT ON ENVIRONMENTAL LAWS. State under section 113 for the fiscal year. ities determined by each participating State, Nothing in this title affects, alters, or (2) STATE ENTITLEMENT.—Subject to the including operations and maintenance, in- modifies any provisions of applicable Federal availability of funds under section 103, this vestigations, site infrastructure improve- environmental laws (including regulations). title— (A) constitutes budget authority in ad- ments, and new construction projects at har- SEC. 109. ADMINISTRATION AND ENFORCEMENT. vance of appropriations Acts; and bors. (a) ADMINISTRATION.—The Secretary (B) represents the obligation of the Federal SEC. 105. REPORTS. shall— Government to provide for the payment to (a) IN GENERAL.—To be eligible to receive (1) coordinate all activities of the Depart- States of the amount described in paragraph and expend amounts for a fiscal year under ment of Defense relating to harbor mainte- (1). this title, a State shall prepare and submit nance activities, and, to the maximum ex- to the Secretary a report describing the ac- tent practicable, coordinate the activities (b) METHOD OF PAYMENT.— tivities that the State intends to carry out with similar activities of other Federal enti- (1) IN GENERAL.—Subject to paragraph (2), using amounts received under this title, in- ties; and the Secretary may make payments to a cluding information on the types of activi- (2) provide technical assistance to assist State in installments, in advance, or by way ties to be carried out. States in carrying out this title, including of reimbursement, with necessary adjust- (b) AVAILABILITY AND COMMENT.—A report assistance on a reimbursable basis. ments on account of overpayments or under- under subsection (a) shall be made public (b) ENFORCEMENT.— payments, as the Secretary may determine.

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(2) LIMITATION.—The Secretary may not (b) STATE BLOCK GRANTS.—Section 9505 of Maintenance Trust Fund under section 9505 make the payments in a manner that pre- the Internal Revenue Code of 1986 is amended of the Internal Revenue Code of 1986 after vents the State from complying with section by adding at the end the following new sub- the date of the enactment of this Act. 107. section: TITLE II—WATER RESOURCES SEC. 111. AUDITS. ‘‘(d) ESTABLISHMENT OF STATE BLOCK DEVELOPMENT GRANT ACCOUNT.— (a) REQUIREMENT.—After the close of each SEC. 201. DEFINITIONS. ‘‘(1) CREATION OF ACCOUNT.—There is estab- program period covered by an application ap- In this title: lished in the Harbor Maintenance Trust proved under section 107(c), a State shall (1) COMMISSION.—The term ‘‘Commission’’ Fund a separate account to be known as the audit— means the Water Resources Commission es- ‘State Harbor Maintenance Block Grant Ac- (1) the expenditures of the State during the tablished by section 203. count’ consisting of such amounts as may be program period from amounts received under (2) SECRETARY.—The term ‘‘Secretary’’ transferred or credited to the State Harbor this title; and means the Secretary of the Army, acting Maintenance Block Grant Account as pro- (2) the maintenance by the State of unex- through the Chief of Engineers. pended amounts received by the State under vided in this section or section 9602(b). ‘‘(2) TRANSFERS TO STATE HARBOR MAINTE- SEC. 202. CORPS TRANSPARENCY. this title. (a) ANNUAL PUBLICATION OF AUTHORIZED (b) INDEPENDENT AUDITOR.—An audit under NANCE BLOCK GRANT ACCOUNT.—The Secretary PROJECTS.— this section shall be conducted— shall transfer to the State Harbor Mainte- (1) IN GENERAL.—The Secretary shall pub- (1) by an entity that is independent of any nance Block Grant Account the electing lish annually a list describing each author- agency administering activities that receive State amount of the amounts appropriated ized water resources project of the Corps of assistance under this title; and to the Harbor Maintenance Trust Fund Engineers in the Federal Register and on a (2) in accordance with generally accepted under subsection (b). publically available website. auditing principles. ‘‘(3) EXPENDITURES FROM ACCOUNT.—Except (2) CONTENTS.—For each authorized water (c) SUBMISSION.—Not later than 30 days as provided in paragraph (4), amounts in the after the completion of an audit under this State Harbor Maintenance Block Grant Ac- resources project, the list described in para- section, the State shall submit a copy of the count shall be available for making expendi- graph (1) shall include— audit to the legislature of the State and to tures to fund the harbor maintenance block (A) the date on which the water resources the Secretary. grant program authorized by the Corps of project was authorized; and (d) REPAYMENT OF AMOUNTS.— Engineers Reform Act of 2011. The Secretary (B) the amount of Federal funds, if any, (1) IN GENERAL.—Except as provided in shall, from time to time, transfer such provided to the water resources project dur- paragraph (2), each State shall repay to the amounts to such accounts as are identified ing the 5 years immediately preceding the United States any amounts made available by the Secretary of the Army, acting date on which the list described in paragraph to the State under this title and determined through the Chief of Engineers, for the pur- (1) is published. through an audit under this section— pose of making such expenditures. (3) REPORT TO CONGRESS.—The Secretary (A) to have been expended in a manner ‘‘(4) LIMITATIONS.— shall submit the list described in paragraph that constitutes fraud or abuse; or ‘‘(A) NON-ELECTING STATES.—Amounts in (1) to— (B) to remain unexpended as a result of the State Harbor Maintenance Block Grant (A) the Committees on Environment and fraud or abuse. Account shall not be used for making any Public Works and Appropriations of the Sen- (2) OFFSET TO AMOUNTS.—As an alternative payment to a State, or for making expendi- ate; and to requiring repayment of amounts under tures within a State, unless such State is an (B) the Committees on Transportation and paragraph (1), the Secretary may offset the electing State. Infrastructure and Appropriations of the amounts required to be repaid against any ‘‘(B) RESERVATION OF ADMINISTRATIVE House of Representatives. other amounts to which the State is or may COSTS.— (b) PUBLICATION OF DEAUTHORIZED be entitled under this title. ‘‘(i) IN GENERAL.—The expenditures under PROJECTS.— (1) IN GENERAL.—Not later than 90 days SEC. 112. REPORT BY SECRETARY. subsection (c)(3) shall be borne by the State Not later than 60 days after the date of en- Harbor Maintenance Block Grant Account after date of the enactment of this Act, the actment of this Act, and annually thereafter, and the General Account in proportion to Secretary shall publish a list describing each the Secretary shall submit to the appro- the respective amounts of the revenues water resources study or project of the Corps priate committees of Congress a report that transferred under this section to the State of Engineers that is no longer authorized. contains— Harbor Maintenance Block Grant Account (2) CONTENTS.—For each water resources (1) a summary and analysis of the data and and the General Account (after the applica- study or project described in paragraph (1), information provided to the Secretary in the tion of paragraph (2)). the list described in paragraph (1) shall in- State audits submitted under section 111; ‘‘(ii) RESERVATION.—The amounts required clude— and to bear the State Harbor Maintenance Block (A) the date on which the water resources (2) an assessment, and if appropriate, rec- Grant Account’s share of the expenditures study or project was authorized; and ommendations for Congress concerning ef- under clause (i) shall be reserved for such (B) the amount of Federal funds, if any, forts that should be undertaken to improve purpose and shall not be used to make any provided to the water resources study or harbor maintenance in the United States. other expenditures. project for the 5 years immediately following the date on which that study or project was SEC. 113. ALLOTMENTS. ‘‘(iii) GENERAL ACCOUNT.—For purposes of authorized. (a) IN GENERAL.—For each fiscal year, the this subparagraph, the term ‘General Ac- Secretary shall allot to each participating count’ means the portion of the Harbor (3) REPORT TO CONGRESS.—The Secretary State an amount that is equal to the propor- Maintenance Trust Fund which is not the shall submit the list described in paragraph tion that— State Harbor Maintenance Block Grant Ac- (1) to— (1) the amounts collected in the State for count. (A) the Committees on Environment and deposit in the State Harbor Maintenance ‘‘(5) DEFINITIONS.—For purposes of this sub- Public Works and Appropriations of the Sen- Block Grant Account for that fiscal year in section— ate; and accordance with section 9505 of the Internal ‘‘(A) ELECTING STATE AMOUNT.—The term (B) the Committees on Transportation and Revenue Code of 1986; bears to ‘electing State amount’ means the portion of Infrastructure and Appropriations of the (2) the total amount of funds in the State the amounts appropriated to the Harbor House of Representatives. Harbor Maintenance Block Grant Account in Maintenance Trust Fund under subsection SEC. 203. WATER RESOURCES COMMISSION. that fiscal year. (b) which is equivalent to the taxes received (a) ESTABLISHMENT OF COMMISSION.— (b) INSUFFICIENT FUNDS.—If the Secretary in the Treasury under section 4461 which are (1) ESTABLISHMENT.—There is established a finds that the total amount of allotments to collected from ports in electing States. commission, to be known as the ‘‘Water Re- which States would otherwise be entitled for ‘‘(B) ELECTING STATE.—The term ‘electing sources Commission’’, to prioritize water re- a fiscal year under subsection (a) will exceed State’ means a State that has elected (by sources projects in the United States. the amount of funds available to provide the submission of the application required under (2) MEMBERSHIP.— allotments for the fiscal year, the Secretary section 107 of the Corps of Engineers Reform (A) COMPOSITION.— shall reduce the allotments made to States Act of 2011) to participate in the harbor (i) IN GENERAL.—The Commission shall be under this subsection, on a pro rata basis, to maintenance block grant program author- composed of 11 members, of whom— the extent necessary to allot under this sub- ized by the Corps of Engineers Reform Act of (I) 1 member shall be appointed by the section a total amount that is equal to the 2011. President; funds that will be made available. ‘‘(6) COORDINATION WITH TRUST FUND EX- (II) 1 member shall be appointed by the SEC. 114. AMENDMENTS TO INTERNAL REVENUE PENDITURES.—Expenditures under paragraphs Speaker of the House of Representatives; CODE OF 1986. (1) and (2) of subsection (c) shall not be made (III) 1 member shall be appointed by the (a) IN GENERAL.—Subsection (c) of section to, or for projects located within, any State majority leader of the Senate; and 9505 of the Internal Revenue Code of 1986 is which is an electing State.’’. (IV) 8 members shall be appointed in ac- amended by striking ‘‘Amounts’’ and insert- (c) EFFECTIVE DATE.—The amendments cordance with clause (ii) by the Speaker of ing ‘‘Except as provided in subsection (d), made by this section shall apply to amounts the House of Representatives and the major- amounts’’. appropriated or transferred to the Harbor ity leader of the Senate, in consultation with

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00155 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7576 CONGRESSIONAL RECORD — SENATE November 15, 2011 the minority leader of the House of Rep- mission shall submit to Congress a report (i) the Committees on Environment and resentatives and the minority leader of the containing the recommendations and Public Works and Appropriations of the Sen- Senate. prioritization method required under this ate; and (ii) RESTRICTIONS.— paragraph. (ii) the Committees on Transportation and (I) IN GENERAL.—Subject to subclause (II), (C) RECOMMENDATIONS.—The report shall Infrastructure and Appropriations of the each of the 8 members appointed under include recommendations for— House of Representatives. clause (i)(IV) shall represent 1 of the fol- (i) a process of regularized prioritization (c) POWERS OF COMMISSION.— lowing Corps of Engineers geographical divi- assessments that ensures continuity in (1) HEARINGS.—The Commission shall hold sions: project prioritization rankings and the inclu- such hearings, meet and act at such times (aa) Great Lakes & Ohio River Division. sion of newly authorized projects; and places, take such testimony, administer (bb) Mississippi Valley Division. (ii) a process to prioritize water resources such oaths, and receive such evidence as the (cc) North Atlantic Division. projects across project type; and Commission considers advisable to carry out (dd) Northwestern Division. (iii) a method of analysis, with respect to this section. (ee) Pacific Ocean Division. the prioritization process, of recreation and (2) INFORMATION FROM FEDERAL AGENCIES.— (ff) South Atlantic Division. other ancillary benefits resulting from the (A) IN GENERAL.—The Commission may se- (gg) South Pacific Division. construction of Corps of Engineers projects. cure directly from a Federal agency such in- (hh) Southwestern Division. (D) PROJECT INCLUSIONS.—The report shall formation as the Commission considers nec- (II) GEOGRAPHICAL REPRESENTATION.—Not include, at a minimum, each water resources essary to carry out this section. more than 2 of the members appointed under project authorized for study or construction (B) PROVISION OF INFORMATION.—On request clause (i)(IV) shall represent the same Corps on or before the date of enactment of this of the Chairperson of the Commission, the of Engineers geographical division described Act. head of the Federal agency shall provide the in subclause (I). (E) PRIORITIZATION REQUIREMENTS.— information to the Commission. (B) QUALIFICATIONS.— (i) IN GENERAL.—Each project described in (3) GIFTS.—The Commission may accept, (i) IN GENERAL.—Subject to clause (ii), the report shall be categorized by project use, and dispose of gifts or donations of serv- members shall be appointed to the Commis- type and be classified into a tier system of ices or property. sion from among individuals who— descending priority, to be established by the (4) POSTAL SERVICES.—The Commission (I)(aa) are knowledgeable in the fields of Commission, in a manner that reflects the may use the United States mails in the same navigation, water infrastructure, or natural extent to which the project achieves project manner and under the same conditions as resources; or prioritization criteria established under sub- other agencies of the Federal Government. (bb) are recognized as having expertise in paragraph (F). (d) COMMISSION PERSONNEL MATTERS.— project management or cost-benefit analysis; (ii) MULTIPURPOSE PROJECTS.—Each multi- (1) COMPENSATION OF MEMBERS.—A member and purpose project described in the report shall of the Commission shall serve without pay, (II) while serving on the Commission, do be classified— but shall be allowed a per diem allowance for not hold any other position as an officer or (I) by the project type that best represents travel expenses, at rates authorized for an employee of the United States, except as a the primary project purpose, as determined employee of an agency under subchapter I of retired officer or retired civilian employee of by the Commission; and chapter 57 of title 5, United States Code, the United States. (II) into the tier system described in clause while away from the home or regular place (ii) REQUIREMENT.—At least 1 of the mem- (i) within that project type. of business of the member in the perform- bers under subparagraph (A) shall have (iii) TIER SYSTEM REQUIREMENTS.—In estab- ance of the duties of the Commission. knowledge of safety issues relating to water lishing a tier system under clause (i), the (2) STAFF.— resources projects carried out by the Corps Commission shall ensure that each tier— (A) IN GENERAL.—The Chairperson of the of Engineers. (I) is limited to total authorized project Commission may, without regard to the civil (C) DATE OF APPOINTMENTS.—The members costs of $5,000,000,000; and service laws, including regulations, appoint of the Commission shall be appointed under (II) includes not more than 100 projects. and terminate an executive director and subparagraph (A) not later than 90 days after (iv) BALANCE.—The Commission shall seek, such other additional personnel as are nec- the date of enactment of this Act. to the maximum extent practicable, a bal- essary to enable the Commission to perform (3) TERM; VACANCIES.— ance between the water resource needs of all the duties of the Commission. (A) TERM.—A member shall be appointed States, regardless of the size or population of (B) CONFIRMATION OF EXECUTIVE DIREC- for the life of the Commission. a State. TOR.—The employment of an executive direc- (B) VACANCIES.—A vacancy in the Commis- (F) PROJECT PRIORITIZATION CRITERIA.—In tor shall be subject to confirmation by a ma- sion— preparing the report, the Commission shall jority of the members of the Commission. (i) shall not affect the powers of the Com- prioritize each water resources project of the (C) COMPENSATION.— mission; and Corps of Engineers based on the extent to (i) IN GENERAL.—Except as provided in (ii) shall be filled not later than 30 days which the project meets at least the fol- clause (ii), the Chairperson of the Commis- after the date on which the vacancy occurs, lowing criteria and such additional criteria sion may fix the compensation of the execu- in the same manner as the original appoint- as the Commission may fully explain in the tive director and other personnel without re- ment was made. report: gard to the provisions of chapter 51 and sub- (4) INITIAL MEETING.—Not later than 30 (i) For flood damage reduction projects, chapter III of chapter 53 of title 5, United days after the date on which all members of the extent to which such a project— States Code, relating to classification of po- the Commission have been appointed, the (I) addresses critical flood damage reduc- sitions and General Schedule pay rates. Commission shall hold the initial meeting of tion needs of the United States, including by (ii) MAXIMUM RATE OF PAY.—In no event the Commission. reducing the risk of loss of life; shall any employee of the Commission (other (5) MEETINGS.—The Commission shall meet (II) avoids increasing risks to human life than the executive director) receive as com- at the call of— or damages to property in the case of large pensation an amount in excess of the max- (A) the Chairperson; or flood events; and imum rate of pay for Executive Level IV (B) the majority of the members of the (III) avoids adverse environmental impacts under section 5315 of title 5, United States Commission. or produces environmental benefits. Code. (6) QUORUM.—A majority of the members of (ii) For navigation projects, the extent to (3) DETAIL OF FEDERAL GOVERNMENT EM- the Commission shall constitute a quorum, which such a project— PLOYEES.— but a lesser number of members may hold (I) addresses priority navigation needs of (A) IN GENERAL.—An employee of the Fed- hearings. the United States, including by having a eral Government may be detailed to the (7) CHAIRPERSON AND VICE CHAIRPERSON.— high probability of producing the economic Commission without reimbursement. The Commission shall select a Chairperson benefits projected with respect to the project (B) CIVIL SERVICE STATUS.—The detail of a and Vice Chairperson from among the mem- and reflecting regional planning needs, as Federal employee shall be without interrup- bers of the Commission. applicable; and tion or loss of civil service status or privi- (b) DUTIES OF COMMISSION.— (II) avoids adverse environmental impacts. lege. (1) PRIORITIZATION OF WATER RESOURCES (iii) For environmental restoration (4) PROCUREMENT OF TEMPORARY AND INTER- PROJECTS.— projects, the extent to which such a project MITTENT SERVICES.—On request of the Com- (A) IN GENERAL.—In accordance with this addresses priority environmental restoration mission, the Secretary, acting through the section, the Commission shall make rec- needs of the United States, including by re- Chief of Engineers, shall provide, on a reim- ommendations for the means by which to storing the natural hydrologic processes and bursable basis, such office space, supplies, prioritize water resources projects of the spatial extent of an aquatic habitat, while equipment, and other support services to the Corps of Engineers and prioritize water re- being, to the maximum extent practicable, Commission and staff of the Commission as sources projects of the Corps of Engineers self-sustaining. are necessary for the Commission to carry that are not being carried out under a con- (2) AVAILABILITY.—The report prepared out the duties of the Commission under this tinuing authorities program. under this subsection shall be— section. (B) REPORT.—Not later than 1 year after (A) published in the Federal Register; and (e) TERMINATION.—The Commission shall the date of enactment of this Act, the Com- (B) submitted to— terminate on the date that is 90 days after

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7577 the date on which the final report of the comparison to traditional methods of rail- fiscal year ending September 30, 2012, Commission is submitted under subsection way locomotion; and and for other purposes; which was or- (b). (2) considers the practicability of natural dered to lie on the table; as follows: gas fueling systems for locomotives and the SEC. 204. FUNDING. In title III, in the matter under the head- (a) FUNDING.— necessary natural gas distribution network. ing ‘‘ENERGY EFFICIENCY AND RENEWABLE EN- (1) IN GENERAL.—In carrying out this title, (b) Not later than 1 year after the date of ERGY’’, before the period at the end, insert ‘‘: the enactment of this Act, the Secretary the Commission shall use funds made avail- Provided further, That, within available funds shall submit a report containing the results able for the general operating expenses of for Industrial Technologies, the Secretary of of the study conducted under subsection (a) the Corps of Engineers. Energy shall use not less than $20,000,000 for to— (2) PRIORITY WATER RESOURCES PROJECTS.— the Energy Innovation Hub for Critical Ma- (1) the Committee on Energy and Natural In carrying out the water resources projects terials, including research focused on rare Resources of the Senate; prioritized by the Commission under section earths, rare earth substitutes, and related (2) the Committee on Commerce, Science, 203(b), the Secretary shall use funds made materials, on refining, recycling, mini- and Transportation of the Senate; available to the Corps of Engineers. mizing, and alloying rare earths and related (b) USE OF COMMISSION REPORT BY SEC- (3) the Committee on Transportation and materials, and on use of rare earths and re- RETARY.— Infrastructure of the House of Representa- lated materials in electronics, energy, and (1) IN GENERAL.—The Secretary shall use tives; and information and related technologies and the priority recommendations described in (4) the Committee on Energy and Com- systems’’. the report under section 203(b) as a means of merce of the House of Representatives. allocating amounts appropriated under sub- SA 996. Mr. DEMINT submitted an Mr. CASEY submitted an section (a)(2). SA 993. amendment intended to be proposed to (2) EXCEPTION.—The Secretary may deviate amendment intended to be proposed to amendment SA 957 proposed by Mr. from the priority recommendations in the amendment SA 957 proposed by Mr. REID to the bill H.R. 2354, making ap- report under section 203(b) by advancing the REID to the bill H.R. 2354, making appropriations for energy and water de- priority of a project only if the Secretary de- propriations for energy and water development and related agencies for the termines that— velopment and related agencies for the (A) the project is vital to the national in- fiscal year ending September 30, 2012, fiscal year ending September 30, 2012, terest of the United States; and and for other purposes; which was or- and for other purposes; which was or- (B) failure to complete the project would dered to lie on the table; as follows: cause significant harm and expense to the dered to lie on the table; as follows: At the appropriate place, insert the fol- United States. On page 40, line 14, after ‘‘States:’’, insert lowing: (c) REPORTS.— the following: ‘‘Provided further, That, within SEC. ll. (a) Section 4 of the Act entitled (1) IN GENERAL.—For each fiscal year, the available funds for advanced turbine and ‘‘An Act Making appropriations for the con- Secretary shall submit to the committees combustion system technology, the Sec- struction, repair, and preservation of certain described in paragraph (2), and make avail- retary shall conduct research that includes public works on rivers and harbors, and for able to the public on the Internet, a report the investigation of novel approaches such as other purposes,’’ approved March 4, 1915 (33 that lists, for the year covered by the re- extracting energy from high temperature U.S.C. 560), is amended in the matter before port— gases, ultra-high temperature materials de- the proviso— (A) the water resources projects that re- velopment, and advanced turbine based (1) by inserting ‘‘for work, which includes ceive funding and are carried out in accord- power cycles that have the potential to sub- planning and design,’’ after ‘‘to be ex- ance with section 203(b); and stantially increase the efficiency and lower pended’’; and (B) the water resources projects that re- the cost of carbon capture in advanced clean (2) by striking ‘‘work of’’ and inserting ceive funding and are carried out on a coal powered generation systems:’’. ‘‘study or project for’’. project-by-project basis through line items (b) Section 11 of the Act entitled ‘‘An Act contained in appropriations Acts. SA 994. Mr. CARDIN (for himself and Authorizing the construction, repair, and (2) COMMITTEES.—The committees referred Mr. WICKER) submitted an amendment preservation of certain public works on riv- to in paragraph (1) are— intended to be proposed to amendment ers and harbors, and for other purposes,’’ ap- (A) the Committees on Environment and SA 957 proposed by Mr. REID to the bill proved March 3, 1925 (33 U.S.C. 561), is Public Works and Appropriations of the Sen- amended in the first sentence— ate; and H.R. 2354, making appropriations for energy and water development and re- (1) by striking ‘‘a work of’’ and inserting (B) the Committees on Transportation and ‘‘work, which includes planning and design, Infrastructure and Appropriations of the lated agencies for the fiscal year end- for an authorized study or project for a’’; and House of Representatives. ing September 30, 2012, and for other (2) by striking ‘‘duly adopted and author- purposes; which was ordered to lie on ized by law’’. SA 991. Mr. COONS submitted an the table; as follows: (c) Section 5 of the Act of June 22, 1936 (33 amendment intended to be proposed to On page 247, after line 22, insert the fol- U.S.C. 701h), is amended— amendment SA 957 proposed by Mr. lowing: (1) by inserting ‘‘for work, which includes REID to the bill H.R. 2354, making ap- SEC. 1001. INCLUSION OF HUMAN RIGHTS VIOLA- planning and design,’’ before ‘‘to be ex- propriations for energy and water de- TORS IN CONSULAR DATABASE. pended’’; and velopment and related agencies for the The Secretary of State, in consultation (2) by striking ‘‘restoration work’’ and in- fiscal year ending September 30, 2012, with the Secretary of Homeland Security, serting ‘‘restoration study or project’’. shall implement the Presidential Proclama- (d) Section 1 of the Act of October 15, 1940 and for other purposes; which was or- (33 U.S.C. 701h–1), is amended in the first sen- dered to lie on the table; as follows: tion published on August 4, 2011, by ensuring that each individual identified in a Country tence by striking ‘‘a flood-control project On page 38, line 13, insert ‘‘: Provided fur- Report on Human Rights Practices as a duly adopted and authorized by law’’ and in- ther, That of available funds, $10,000,000 shall human rights violator and any other indi- serting ‘‘an authorized flood-control study or be made available for the weatherization in- vidual for whom the Secretary has credible project,’’. novation initiative’’ before the period at the information about gross human rights viola- end. SA 997. Ms. MURKOWSKI submitted tions— an amendment intended to be proposed SA 992. Mr. CASEY submitted an (1) is included in the Consular Lookout and Support System; and to amendment SA 957 proposed by Mr. amendment intended to be proposed to (2) is not permitted to enter the United REID to the bill H.R. 2354, making ap- amendment SA 957 proposed by Mr. States unless a senior consulate official or a propriations for energy and water de- REID to the bill H.R. 2354, making ap- senior immigration officer determines, after velopment and related agencies for the propriations for energy and water de- a careful review of the circumstances under fiscal year ending September 30, 2012, velopment and related agencies for the which the individual received such designa- and for other purposes; which was or- fiscal year ending September 30, 2012, tion, that the individual is not inadmissible dered to lie on the table; as follows: and for other purposes; which was or- under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). On page 101, lines 7 and 8, strike dered to lie on the table; as follows: ‘‘$1,795,641,000, to remain available until ex- On page 66, between lines 2 and 3, insert SA 995. Mr. HARKIN submitted an pended: Provided,’’ and insert ‘‘$1,801,641,000, the following: amendment intended to be proposed to to remain available until expended: Provided, SEC. 312. (a) The Secretary of Energy shall That, of the amount appropriated, not less conduct a study that— amendment SA 957 proposed by Mr. than $5,000,000 shall be used to promote re- (1) investigates the feasibility, viability, REID to the bill H.R. 2354, making ap- newable energy deployment in accordance environmental effects, safety, and economics propriations for energy and water de- with section 803 of the Energy Independence of using natural gas as a locomotive fuel in velopment and related agencies for the and Security Act of 2007 (42 U.S.C. 17282):

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7578 CONGRESSIONAL RECORD — SENATE November 15, 2011 Provided further, That each amount provided information is otherwise prohibited by law (aa) primarily awarded to a State; and by this Act (other than the amount provided or is not in the best interest of national se- (bb) awarded to each State; or by the preceding proviso) is reduced by the curity and the Secretary of the Treasury cer- (IV) is solely technical assistance provided pro rata percentage required to reduce the tifies in writing to the Committees on Ap- by an agency to a State or a political sub- total amount provided by this Act by propriations of the Senate and the House of division of a State, including authorities $5,000,000: Provided further,’’. Representatives the rationale for with- designated to carry out public works on be- holding any individual payment information: half of a State or political subdivision of a SA 998. Mrs. SHAHEEN (for herself Provided further, That the preceding proviso, State. and Mr. COBURN) submitted an amend- or any other provision of law regarding dis- (b) REPORTING BEFORE AWARD.— ment intended to be proposed to closure prohibitions, shall not apply to any (1) SUBMISSION.— amendment SA 957 proposed by Mr. records of payments made as a result of any (A) IN GENERAL.—Subject to paragraph (5), executive branch, Federal department, agen- REID to the bill H.R. 2354, making ap- not later than 45 days before the date on cy, or instrumentality statutory or regu- which an agency awards covered domestic propriations for energy and water de- latory approval or permit related case, court velopment and related agencies for the assistance, the head of the agency shall sub- order, consent decree, or Federal depart- mit to Congress and the Comptroller General fiscal year ending September 30, 2012, ment, agency, or instrumentality settle- of the United States a report regarding the and for other purposes; which was or- ment. proposed award. dered to lie on the table; as follows: (B) LIMITATION ON AUTHORITY.—Subject to At the end of title V of division A, add the SA 1000. Mr. WICKER (for himself, paragraph (5), the head of an agency may not following: Mr. BOOZMAN, and Mr. INHOFE) sub- award covered domestic assistance to a pro- SEC. 5ll. (a) In this section, the term mitted an amendment intended to be posed awardee— ‘‘limousine’’ means a passenger vehicle that proposed to amendment SA 957 pro- (i) until the date that is 45 days after the meets the criteria contained in Federal Man- posed by Mr. REID to the bill H.R. 2354, date on which the head of the agency sub- agement Regulation B-29 of the General making appropriations for energy and mits the report under subparagraph (A) re- Services Administration published on July water development and related agen- lating to the proposed award; or 11, 2011. cies for the fiscal year ending Sep- (ii) if a joint resolution described in sub- (b)(1) For the Federal fleet report for fiscal section (d) is enacted relating to the pro- year 2011, each Federal agency shall submit, tember 30, 2012, and for other purposes; posed award. through the Federal automotive statistical which was ordered to lie on the table; (2) CONTENTS.—Each report submitted tool of the General Services Administration, as follows: under paragraph (1) shall include— information on all limousines of the Federal At the end of title VII of division B, add (A) the name, address, principal point of agency. the following: contact, and contact information of the pro- (2) Not later than 60 days after the date of SEC. 7ll. None of the funds made avail- posed awardee; enactment of this Act, each Federal agency able by this Act for fiscal year 2012 may be (B) the city, State, congressional district, reporting 5 or more limousines in the inven- obligated or expended to implement or use and county in which performance of the ac- tory of the Federal agency for fiscal year green building rating standards unless the tivities under the covered domestic assist- 2011 under paragraph (1) shall submit to Con- standards— ance will primarily take place; gress a report that describes— (1)(A) are developed in accordance with (C) the amount being awarded to the (A) to the maximum extent practicable, rules accredited by the American National awardee; the number of limousines in the vehicle in- Standards Institute; and (D) whether the award is a multi-year ventory of the Federal agency for each of fis- (B) are approved as American National award and, if the award is a multi-year cal years 2008, 2009, and 2010; Standards; or award, and without regard to whether the (B) the cost of purchasing, leasing, and op- (2) incorporate and document the use of funds for any fiscal year after the first fiscal erating limousines in the vehicle inventory lifecycle assessment in the evaluation of year after the award are not finalized or are of the Federal agency for fiscal year 2011; building materials. subject to the availability of funds— and (i) the amount of funding for each fiscal (C) a plan to reduce the total cost de- SA 1001. Mr. INHOFE submitted an year after the first fiscal year of the award; scribed in subparagraph (B) by at least 20 amendment intended to be proposed to and percent. amendment SA 957 proposed by Mr. (ii) the aggregate funding level for all fis- REID to the bill H.R. 2354, making ap- cal years; SA 999. Mr. INHOFE submitted an propriations for energy and water de- (E) the type of covered domestic assistance amendment intended to be proposed to velopment and related agencies for the to be awarded to the awardee; amendment SA 957 proposed by Mr. fiscal year ending September 30, 2012, (F) all relevant information about the REID to the bill H.R. 2354, making ap- agency awarding the covered domestic as- and for other purposes; which was or- sistance, including the specific program propriations for energy and water de- dered to lie on the table; as follows: velopment and related agencies for the within the agency and all relevant contact At the appropriate place, insert the fol- persons at the agency who made the decision fiscal year ending September 30, 2012, lowing: to award the covered domestic assistance; and for other purposes; which was or- SEC. ll. BUREAUCRATIC EARMARKS. (G) the number assigned to the covered do- dered to lie on the table; as follows: (a) DEFINITIONS.—In this section— mestic assistance program under the Catalog On page 92, between lines 19 and 20, insert (1) the term ‘‘agency’’ has the meaning of Federal Domestic Assistance Programs re- the following: given that term under section 551(1) of title quired to be published by the Administrator SEC. 118. Not later than 90 days after the 5, United States Code; and of General Services under section 6104 of date of enactment of this Act, the Secretary (2) the term ‘‘covered domestic assist- title 31, United States Code; of the Treasury shall make available to the ance’’— (H) a detailed description or abstract of Committees on Appropriations of the Senate (A) means— how the awardee will use the covered domes- and the House of Representatives and the (i) any assistance under a domestic assist- tic assistance; public all records of payments of attorneys ance program (as those terms are defined in (I) an abbreviated description of how the fees and expenses made under section 1304 of section 6101 of title 31, United States Code); awardee will use the covered domestic assist- title 31, United States Code, that have been and ance; made since January 1, 2003 and shall con- (ii) any Federal credit assistance, includ- (J) except as provided in paragraph (3), a tinue to make the records of any such paying loan guarantees, lines of credit, and di- complete copy of the application for the cov- ments made hereafter available to the Com- rect loans; and ered domestic assistance submitted by the mittees on Appropriations of the Senate and (B) does not include— applicant; the House of Representatives and the public: (i) any grants or other assistance provided (K) the text of the statute authorizing the Provided, That, such records shall be made under the Robert T. Stafford Disaster Relief covered domestic assistance program; and available on a publically accessible and and Emergency Assistance Act (42 U.S.C. (L) a statement— searchable Internet website database and 5121 et seq.); and (i) describing why the award of the covered each record made available for each payment (ii) any assistance described in subpara- domestic assistance is a justifiable use of shall contain information that clearly iden- graph (A) that— Federal funds in accordance with the author- tifies the entity receiving the payment, the (I) is provided in accordance with a statu- izing statute; and amount of the total payment to each entity, tory formula; (ii) indicating why the award of the cov- and a breakdown of the payment showing the (II) is provided through direct spending (as ered domestic assistance is justified under attorneys fees and expenses and relevant defined in section 250 of the Balanced Budget the authorizing statute. statute, matter, and agency: Provided further, and Emergency Deficit Control Act of 1985 (2 (3) PROPRIETARY INFORMATION.— That such records and information shall not U.S.C. 900)); (A) IN GENERAL.—In consultation with the be made available if the disclosure of such (III) is— Director of the Office of Management and

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Budget, the head of each agency shall estab- (C) shall be accessible by the public. (i) IN GENERAL.—A joint resolution intro- lish a means for an applicant for covered do- (2) RECEIPT AND POSTING OF INFORMATION.— duced under subparagraph (A) shall be re- mestic assistance to designate as proprietary The Comptroller General shall— ferred to the appropriate committee of the sensitive technology or research information (A) develop a means for agencies to submit Senate and the House of Representatives. submitted in an application. all information required under subsection (b) (ii) JURISDICTION OF MULTIPLE COMMIT- (B) INFORMATION NOT SUBJECT TO DESIGNA- electronically; and TEES.—If a joint resolution is within the ju- TION.—An applicant may not designate as (B) not later than 2 business days after re- risdiction of more than 1 committee of the proprietary information any information de- ceiving information from an agency under House of Representatives, the joint resolu- scribed in subparagraph (H) or (I) of para- subsection (b), include the information in tion shall be referred to the Committee on graph (2). the database established under paragraph (1). Oversight and Government Reform of the (C) DESIGNATION.— (3) USE OF EXISTING INFRASTRUCTURE.— House of Representatives. (i) IN GENERAL.—If an applicant for covered (A) IN GENERAL.—To the greatest extent (C) COMMITTEES.—In a committee of the domestic assistance designates information practicable, the Comptroller General shall— Senate or the House of Representatives, an as proprietary under subparagraph, the in- (i) develop a means of submitting informa- amendment to a joint resolution shall not be formation shall not be submitted to Congress tion that is comparable and may be inte- in order. or the Comptroller General under paragraph grated into information technology infra- (3) DISCHARGE.—In the House of Represent- (2). structure and grant management systems of atives and the Senate, if the committee to (ii) AGENCY MAY NOT DESIGNATE.—An agen- agencies that are in use on the date of enact- which a joint resolution (including a joint cy may not designate information as propri- ment of this Act; and resolution referred to a committee under etary under this paragraph. (ii) use and build from reporting tech- paragraph (6)(C)) is referred has not reported (4) CLASSIFIED PROGRAMS.—If covered do- nology and databases of agencies in use on the joint resolution at the end of 5 calendar mestic assistance is inherently classified in the date of enactment of this Act, including days (excluding any period when either nature, the report submitted under para- Recovery.gov and USAspending.gov. House is not in session for more than 3 days) graph (2) may be submitted in classified form (B) INFORMATION FROM AGENCIES.—Upon re- after the date on which the joint resolution or transmitted to Congress and the Comp- quest, the head of each agency shall make was referred to the committee, upon a peti- troller General using other means deter- available to the Comptroller General the tion supported in writing signed by 50 Mem- mined appropriate by the Comptroller Gen- software required for any infrastructure, sys- eral. bers of the House of Representatives or 30 tem, technology, or database described in Senators, respectively, the committee shall (5) EXEMPTIONS.— subparagraph (A) for purposes of developing be discharged from further consideration of (A) MULTI-YEAR AWARDS.—The head of an an integrated system. agency is not required to submit a report the joint resolution and the joint resolution under paragraph (2) and may award covered (d) PROCEDURES IN THE HOUSE OF REP- shall be placed on the calendar. domestic assistance without regard to para- RESENTATIVES AND SENATE.— (4) CONSIDERATION IN THE SENATE.— graph (1) if the award is— (1) DEFINITIONS.—In this subsection— (A) IN GENERAL.—In the Senate, when the (i) a continuation of funding under an (A) the term ‘‘first House’’ means the committee to which a joint resolution is re- award for which the head of the agency dis- House that transmitted to the other House a ferred has reported, when a committee is dis- closed information in a previous fiscal year joint resolution of that House; charged (under paragraph (3)) from further under subparagraphs (C) and (D) of para- (B) the term ‘‘joint resolution’’ means only consideration of a joint resolution, or when a graph (2); and a joint resolution— joint resolution of the House of Representa- (ii) in an amount that is not more than the (i) introduced during the period beginning tives has been placed on the calendar under amount the head of the agency indicated was on the date on which a report regarding a paragraph (6)(B), it shall be at any time to be awarded for the fiscal year under para- proposed award of covered domestic assist- thereafter in order (even though a previous graph (2)(D). ance is received by Congress under sub- motion to the same effect has been disagreed (B) SMALLER AWARDS.— section (b) and ending 45 days thereafter; to) for any Senator to move to proceed to (i) IN GENERAL.—Subject to clause (ii), the (ii) the matter after the resolving clause of the consideration of the joint resolution, and head of an agency is not required to submit which is as follows: ‘‘That the proposed all points of order against the joint resolu- a report under paragraph (2) and may award award of covered domestic assistance (as de- tion (and against consideration of the joint covered domestic assistance without regard fined in the Bureaucratic Earmark Disclo- resolution) are waived. to paragraph (1) if— sure Act of 2011) to llllllllll, val- (B) MOTION.—A motion described in sub- (I) for a 1-year award, the award is in an ued at $llllllll, shall not be awarded, paragraph (A) is privileged and is not subject amount that would have been in the lowest such amount is rescinded from the unobli- to amendment, a motion to postpone, a mo- 10 percent of the amounts of awards of cov- gated balances in the appropriations account tion to table, or to a motion to proceed to ered domestic assistance for the previous fis- for the program under which the covered do- the consideration of other business. A mo- cal year; and mestic assistance was proposed to be award- tion to reconsider the vote by which the mo- (II) for a multi-year award, the total ed, and an award for the same purpose as the tion is agreed to or disagreed to shall not be amount of the award over all fiscal years is proposed award of covered domestic assist- in order. If a motion to proceed to the con- in an amount that would have be in the lowance may not be made to the same recipi- sideration of the joint resolution is agreed est 10 percent of the amounts of awards of ent.’’, the first blank space being filled in to, the joint resolution shall remain the un- covered domestic assistance for the previous with the name of the individual or entity to finished business of the Senate until disposed fiscal year. which the covered domestic assistance de- of. (ii) RESTRICTION.—During any fiscal year, scribed in clause (i) is proposed to be award- (C) DEBATE.—In the Senate— the head of an agency may not make under ed and the second blank space being filled in (i) debate on a joint resolution and on all clause (i) more than the number of covered with the amount proposed to be awarded; debatable motions and appeals in connection domestic assistance awards equal to 10 per- and with the joint resolution shall be limited to cent of the number of awards of covered do- (iii) that relates to 1 proposed award of not more than 10 hours, which shall be di- mestic assistance made by the head of the covered domestic assistance; and vided equally between those favoring and agency during the previous fiscal year. (C) the term ‘‘second House’’ means the those opposing the joint resolution; (6) REPORT.—The Inspector General with House receiving a joint resolution from the (ii) an amendment to, a motion to post- jurisdiction of an agency that awards cov- other House. pone, or a motion to recommit the joint res- ered domestic assistance under paragraph (5) (2) INTRODUCTION, REFERRAL, AND CONSIDER- olution is not in order; shall submit to Congress an annual report ATION.— (iii) a motion to proceed to the consider- evaluating a representative sample of such (A) IN GENERAL.— ation of other business is not in order; awards. The report shall indicate whether (i) INTRODUCTION.—During the 45-day pe- (iv) a motion further to limit debate is in the agency operated within the authority riod beginning on the date on which a report order and is not debatable; and under paragraph (5) and evaluate whether regarding a proposed award of covered do- (v) a motion to reconsider shall not be in the agency acted in accordance with the in- mestic assistance is received by Congress order. tent of Congress. under subsection (b) it shall be in order for a (D) VOTE ON FINAL PASSAGE.—In the Sen- (c) DATABASE.— Member of the House of Representatives or ate, immediately following the conclusion of (1) IN GENERAL.—Not later than 180 days the Senate to introduce a joint resolution. the debate on a joint resolution, and a single after the date of enactment of this Act, the (ii) PERIOD FOR PROCEDURES.—The proce- quorum call at the conclusion of the debate Comptroller General shall establish and dures under this subsection shall only apply if requested in accordance with the rules of maintain an online database of the informa- to a joint resolution during the 45-day period the Senate, the vote on final passage of the tion submitted under subsection (b), which— beginning on the date on which the report joint resolution shall occur. (A) shall be accessible by Members of Con- regarding the proposed award of covered do- (E) RULINGS OF THE CHAIR ON PROCEDURE.— gress and appropriate congressional employ- mestic assistance to which the joint resolu- Decisions of the Chair relating to the appli- ees; tion relates is received by Congress under cation of the rules of the Senate to the pro- (B) shall be easily navigable, searchable, subsection (b). cedure relating to a joint resolution shall be and sortable; and (B) REFERRAL.— decided without debate.

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(5) CONSIDERATION IN THE HOUSE OF REP- applicable only with respect to the procedure ‘‘(i) the discharge would not have occurred RESENTATIVES.— to be followed in that House in the case of a but for the violation; or (A) IN GENERAL.—In the House of Rep- joint resolution, and it supersedes other ‘‘(ii) the quantity of pesticide or pesticide resentatives, when the committee to which a rules only to the extent that it is incon- residue in the discharge is greater than joint resolution is referred has reported, sistent with such rules; and would have occurred without the violation. when a committee is discharged (under para- (B) with full recognition of the constitu- ‘‘(B) Stormwater discharges subject to reg- graph (3)) from further consideration of a tional right of either House to change the ulation under subsection (p). joint resolution, or when a joint resolution rules (so far as relating to the procedure of ‘‘(C) The following discharges subject to of the Senate has been placed on the cal- that House) at any time, in the same man- regulation under this section: endar under paragraph (6)(B), it shall be in ner, and to the same extent as in the case of ‘‘(i) Manufacturing or industrial effluent. order at a time designated by the Speaker of any other rule of that House. ‘‘(ii) Treatment works effluent. the House of Representatives or a designee (e) SHORT TITLE.—This section may be ‘‘(iii) Discharges incidental to the normal during the legislative schedule on either of cited as the ‘‘Bureaucratic Earmark Disclo- operation of a vessel, including a discharge the 2 legislative days next following that on sure Act of 2011’’. resulting from ballasting operations or ves- which the joint resolution is reported or dis- sel biofouling prevention.’’. charged for any Member to move to proceed SA 1002. Mr. ISAKSON submitted an to the consideration of the joint resolution. amendment intended to be proposed to SA 1004. Ms. MURKOWSKI submitted If the Speaker does not designate a time for amendment SA 957 proposed by Mr. an amendment intended to be proposed considering the motion before the conclusion REID to the bill H.R. 2354, making ap- to amendment SA 957 proposed by Mr. of legislative business on the second legisla- REID to the bill H.R. 2354, making ap- tive day following that on which the joint propriations for energy and water de- resolution is reported or discharged, it shall velopment and related agencies for the propriations for energy and water de- be in order on any subsequent legislative day fiscal year ending September 30, 2012, velopment and related agencies for the for any Member to move to proceed to the and for other purposes; which was or- fiscal year ending September 30, 2012, consideration of the joint resolution. All dered to lie on the table; as follows: and for other purposes; which was or- points of order against the joint resolution At the end of title III of division A, add the dered to lie on the table; as follows: (and against consideration of the joint reso- following: Beginning on page 41, line 17, strike ‘‘Pro- lution) are waived. SEC. 3ll. In the event that the recipient vided,’’ and all that follows through page 42, (B) MOTION.—A motion described in sub- of a loan guarantee issued by the Depart- line 12, and insert the following: paragraph (A) is highly privileged and is not ment of Energy using funds made available Provided, That during fiscal year 2012 and subject to amendment, a motion to postpone, under this Act defaults and is subsequently hereafter, the quantity of petroleum prod- or to a motion to proceed to the consider- in repayment on the loan guarantee, the ucts sold from the Reserve under the author- ation of other business. A motion to recon- Federal Government shall be the first party ity of this Act may only be replaced using sider the vote by which the motion is agreed to be repaid. the authority provided in paragraph (a)(1) or to or disagreed to shall not be in order. If a (3) of section 160 of the Energy Policy and motion to proceed to the consideration of SA 1003. Mr. ROBERTS (for himself, Conservation Act (42 U.S.C. 6240(a)(1) or (3)): the joint resolution is agreed to, the joint Mr. JOHANNS, AND MR. BOOZMAN) sub- Provided further, That unobligated balances resolution shall remain the unfinished busi- in this account shall be available to cover ness of the House of Representatives until mitted an amendment intended to be the costs of any sale under this Act. disposed of. proposed to amendment SA 957 pro- (C) DEBATE.—In the House of Representa- posed by Mr. REID to the bill H.R. 2354, NORTHEAST HOME HEATING OIL RESERVE tives— making appropriations for energy and (INCLUDING RESCISSION OF FUNDS) (i) the previous question shall be consid- water development and related agen- For necessary expenses for Northeast ered as ordered on a joint resolution to its cies for the fiscal year ending Sep- Home Heating Oil Reserve storage, oper- passage without intervening motion, except tember 30, 2012, and for other purposes; ation, and management activities pursuant that— to the Energy Policy and Conservation Act, (I) 2 hours of debate equally divided and which was ordered to lie on the table; $10,119,000, to remain available until ex- controlled by a proponent and an opponent as follows: pended: Provided, That amounts net of the are allowed; and On page 37, between lines 15 and 16, insert purchase of 1 million barrels of petroleum (II) it shall be in order to make 1 motion to the following: distillates in fiscal year 2011; costs related to further limit debate on the joint resolution, SEC. 2ll. (a) USE OF AUTHORIZED PES- transportation, delivery, and storage; and which is not debatable; TICIDES.—Section 3(f) of the Federal Insecti- sales of petroleum distillate from the Re- (ii) an amendment to, a motion to post- cide, Fungicide, and Rodenticide Act (7 serve under section 182 of the Energy Policy pone, or a motion to recommit the resolu- U.S.C. 136a(f)) is amended by adding at the and Conservation Act (42 U.S.C. 6250a) are tion shall not be in order; end the following: hereby permanently rescinded: Provided fur- (iii) a motion to proceed to the consider- ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- ther, That notwithstanding section 181 of the ation of other business shall not be in order; cept as provided in section 402(s) of the Fed- Energy Policy and Conservation Act (42 and eral Water Pollution Control Act, the Ad- U.S.C. 6250), for fiscal year 2012 and here- (iv) a motion to reconsider shall not be in ministrator or a State may not require a after, the Reserve shall contain no more order. permit under that Act for a discharge from a than 1 million barrels of petroleum dis- (D) RULINGS OF THE CHAIR ON PROCEDURE.— point source into navigable waters of a pes- tillate. All appeals from the decisions of the Chair ticide authorized for sale, distribution, or relating to the application of the Rules of use under this Act, or the residue of such a SA 1005. Ms. SNOWE (for herself and the House of Representatives to the proce- pesticide, resulting from the application of Mr. KOHL) submitted an amendment in- dure relating to a joint resolution shall be the pesticide.’’. tended to be proposed to amendment decided without debate. (b) DISCHARGES OF PESTICIDES.—Section 402 SA 957 proposed by Mr. REID to the bill (6) RECEIPT OF JOINT RESOLUTION BY OTHER of the Federal Water Pollution Control Act HOUSE.— (33 U.S.C. 1342) is amended by adding at the H.R. 2354, making appropriations for (A) IN GENERAL.—If the second House re- end the following: energy and water development and receives from the first House a joint resolu- ‘‘(s) DISCHARGES OF PESTICIDES.— lated agencies for the fiscal year end- tion, the Chair shall determine whether the ‘‘(1) NO PERMIT REQUIREMENT.—Except as ing September 30, 2012, and for other joint resolution is identical to a joint resolu- provided in paragraph (2), a permit shall not purposes; which was ordered to lie on tion of the second House. be required by the Administrator or a State the table; as follows: (B) IDENTICAL JOINT RESOLUTIONS.—If the under this Act for a discharge from a point On page 39, line 20, insert ‘‘: Provided fur- second House receives an identical joint res- source into navigable waters of a pesticide ther, That the Secretary shall use $10,000,000 olution, the joint resolution of the first authorized for sale, distribution, or use to prioritize, in cooperation and full con- House shall not be referred to a committee. under the Federal Insecticide, Fungicide, sultation with potential host communities, (C) NO CORRESPONDING JOINT RESOLUTION.— and Rodenticide Act (7 U.S.C. 136 et seq.), or the consolidation of nuclear waste from per- If a House receives a joint resolution that is the residue of such a pesticide, resulting manently shut down facilities’’ before the not identical to a joint resolution of that from the application of the pesticide. period at the end. House, the joint resolution shall be referred ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not to the appropriate committee of that House. apply to the following discharges of a pes- SA 1006. Mr. THUNE submitted an (7) RULEMAKING.—This subsection is en- ticide or pesticide residue: amendment intended to be proposed to acted by Congress— ‘‘(A) A discharge resulting from the appli- (A) as an exercise of the rulemaking power cation of a pesticide in violation of a provi- amendment SA 957 proposed by Mr. of the Senate and House of Representatives, sion of the Federal Insecticide, Fungicide, REID to the bill H.R. 2354, making ap- respectively, and as such it is deemed a part and Rodenticide Act that is relevant to pro- propriations for energy and water de- of the rules of each House, respectively, but tecting water quality, if— velopment and related agencies for the

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7581 fiscal year ending September 30, 2012, (2) in paragraph (5), by striking ‘‘Except as through the Commissioner of the Bureau of and for other purposes; which was or- provided in paragraph (8) and notwith- Reclamation, shall conduct a study on— dered to lie on the table; as follows: standing’’ and inserting ‘‘Notwithstanding’’; (A) the connection between Latino life, and heritage, advancement, and survival and the On page 46, line 23, before the period, insert (3) by striking paragraph (8). water supplies of the United States, through the following: ‘‘: Provided further, That none irrigation, farming, and development; and of the funds made available under this head- SA 1009. Mrs. HAGAN (for herself and (B) the historical role the Latino commu- ing may be used to make a loan guarantee to Mr. CASEY) submitted an amendment nity has played in managing, developing, and an applicant if the value of the loan guar- intended to be proposed by her to the protecting water and related resources in the antee is $250,000,000 or more unless the Sec- West. retary of Energy requires a financial review bill H.R. 2354, making appropriations of the project by an independent third party for energy and water development and SEC. ll4. AGREEMENT WITH SECRETARY OF THE INTERIOR. that includes a review of creditworthiness, related agencies for the fiscal year end- construction factors, legal and regulatory ing September 30, 2012, and for other The Secretary of the Interior and the issues, and other appropriate financial policy Board of Regents of the Smithsonian Institu- purposes; which was ordered to lie on tion shall enter into an agreement that— criteria, the third party reviewer submits to the table; as follows: Congress, the Secretary, and the Director of (1) allows for the planning, design, and con- At the appropriate place, insert the fol- the Office of Management and Budget a re- struction of the underground annex facility lowing: port on the results of the review, and a pe- by the Board of Regents, in a manner harmo- riod of at least 60 days elapses after the date SEC. ll. HUBZONE REDESIGNATED AREAS. nious with and to protect the open space and of the submission of the report before the Section 3(p)(4)(C)(i) of the Small Business visual sightlines of the Mall; and loan guarantee is made’’. Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to (2) provides a timeline for the transfer of read as follows: administrative jurisdiction, if necessary, of SA 1007. Mr. MERKLEY submitted an ‘‘(i) 3 years after the first date on which the appropriate subsurface area from the amendment intended to be proposed to the Administrator publishes a HUBZone map Secretary of the Interior to the Smithsonian that is based on the results from the 2010 de- Institution. amendment SA 957 proposed by Mr. cennial census; or’’. SEC. ll5. CONSIDERATION OF RECOMMENDA- REID to the bill H.R. 2354, making ap- TIONS OF COMMISSION. propriations for energy and water de- SA 1010. Mr. MENENDEZ (for him- In carrying out its duties under this title, velopment and related agencies for the self, Mr. REID, and Mr. RUBIO) sub- the Board of Regents of the Smithsonian In- fiscal year ending September 30, 2012, mitted an amendment intended to be stitution shall take into consideration the and for other purposes; which was or- proposed to amendment SA 957 pro- reports and plans submitted by the Commis- dered to lie on the table; as follows: posed by Mr. REID to the bill H.R. 2354, sion to Study the Potential Creation of a Na- On page 38, line 13, insert before the period making appropriations for energy and tional Museum of the American Latino at the end the following: ‘‘: Provided further, water development and related agen- under section 333 of the Consolidated Natural That of the funds made available for the Of- Resources Act of 2008 (Public Law 110–229; 122 cies for the fiscal year ending Sep- Stat. 784). fice of Energy Efficiency and Renewable En- tember 30, 2012, and for other purposes; ergy, $20,000,000 may be used to establish an which was ordered to lie on the table; energy efficiency financing program to pro- SA 1011. Mr. VITTER submitted an vide financing, including through direct as follows: amendment intended to be proposed to loans, revolving loan funds, or other finan- At the end of division A, add the following: amendment SA 957 proposed by Mr. cial support for commercial and residential TITLE ll—SMITHSONIAN AMERICAN REID to the bill H.R. 2354, making ap- building energy efficiency projects, adminis- LATINO MUSEUM propriations for energy and water de- tered in coordination with any program of- SEC. ll1. SHORT TITLE. velopment and related agencies for the fices considered appropriate by the Sec- This title may be cited as the ‘‘Smithso- fiscal year ending September 30, 2012, retary’’. nian American Latino Museum Act’’. and for other purposes; which was or- SEC. ll2. ESTABLISHMENT OF MUSEUM. dered to lie on the table; as follows: SA 1008. Mr. CASEY submitted an There is established within the Smithso- amendment intended to be proposed by nian Institution a museum to be known as On page 41, line 22, insert the following be- him to the bill H.R. 2354, making ap- the ‘‘Smithsonian American Latino Mu- fore the period at the end: ‘‘: Provided further, seum’’. That none of the funds appropriated by this propriations for energy and water de- Act shall be used to conduct any sales of pe- SEC. ll3. LOCATION AND AUTHORIZATION. velopment and related agencies for the troleum products from the Strategic Petro- (a) ARTS AND INDUSTRIES BUILDING.—The fiscal year ending September 30, 2012, leum Reserve until the Secretary of State Arts and Industries Building of the Smithso- and for other purposes; which was or- issues all permits necessary for the construc- nian Institution, located on the National tion and operation of a strategic pipeline to dered to lie on the table; as follows: Mall at 900 Jefferson Drive, Southwest, deliver petroleum products from Canada oil At the appropriate place, insert the fol- Washington, District of Columbia, including sands to the Gulf of Mexico’’. lowing: a new underground annex facility, is des- SEC. ll. REDUCTION OF INTEREST RATES ON ignated as the location of the Smithsonian SMALL BUSINESS DISASTER LOANS. American Latino Museum. SA 1012. Mr. VITTER submitted an (a) AMENDMENT.—Section 7(d) of the Small (b) PLANNING AND CONSTRUCTION.—The amendment intended to be proposed by Business Act (15 U.S.C. 636(d)) is amended— Board of Regents of the Smithsonian Institu- him to the bill H.R. 2354, making ap- (1) in paragraph (4), by striking ‘‘Notwith- tion, in consultation with the Secretary of propriations for energy and water de- standing’’ and inserting ‘‘Except as provided the Interior, the Commission of Fine Arts, velopment and related agencies for the in paragraph (8) and notwithstanding’’; and the National Capital Planning Commis- fiscal year ending September 30, 2012, (2) in paragraph (5), by striking ‘‘Notwith- sion, and with other appropriate Federal and and for other purposes; which was or- standing’’ and inserting ‘‘Except as provided local agencies, is authorized to prepare in paragraph (8) and notwithstanding’’; and plans, design, renovate, rehabilitate, and dered to lie on the table; as follows: (3) by adding at the end the following: construct the Smithsonian American Latino At the end of title I of division A, add the ‘‘(8) PROPERTY DAMAGE TO BUSINESSES.— Museum facility, as referred to in the May following: The interest rate on the Federal share of any 2011 Report to Congress of the Commission SEC. 1ll. (a) None of the funds made loan under subsection (b)(1) made to a busi- to Study the Potential Creation of a Na- available to the Secretary of the Army to ness concern on or after August 26, 2011, shall tional Museum of the American Latino. carry out activities of the Corps of Engineers be— (c) SCHEDULE AND FUNDING; STUDY.— shall be used in a manner that is incon- ‘‘(A) 1 percent per year, in the case of a (1) SCHEDULE AND FUNDING.— sistent with this section. business concern unable to obtain credit (A) IN GENERAL.—The Board of Regents is (b)(1) The Secretary of the Army shall es- elsewhere; and authorized to prepare a plan of action for the tablish a pilot program to evaluate the cost- ‘‘(B) 3 percent per year, in the case of a Smithsonian American Latino Museum, and effectiveness and project delivery efficiency business concern able to obtain credit else- to identify and evaluate viable funding mod- of non-Federal sponsors as the lead project where.’’. els for both construction and operation of delivery team for authorized civil works (b) PROSPECTIVE REPEAL.—Effective Sep- the Museum. flood control construction projects of the tember 30, 2014, section 7(d) of the Small (B) TIMING.—The plan of action authorized Corps of Engineers. Business Act (15 U.S.C. 636(d)), as amended in subparagraph (A) shall be concluded not (2) In carrying out the pilot program, the by subsection (a) is amended— later than 18 months after the date of enact- Secretary of the Army shall identify not less (1) in paragraph (4), by striking ‘‘Except as ment of this Act. than 12 congressionally authorized flood con- provided in paragraph (8) and notwith- (2) WATER AND RELATED RESOURCES trol construction projects of the Corps of En- standing’’ and inserting ‘‘Notwithstanding’’; STUDY.—The Secretary of the Interior, acting gineers that—

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7582 CONGRESSIONAL RECORD — SENATE November 15, 2011 (A) have received Federal funds and have SEC. lll. REPEAL OF MANDATORY COMMODITY minimum performance standards for energy experienced delays or missed scheduled dead- PROMOTION AND MARKETING PRO- efficiency for the Weatherization Assistance lines in the 5 fiscal years prior to the date of GRAMS. Program for Low-Income Persons established enactment of this Act; (a) REPEALS.—The following provisions of under part A of title IV of the Energy Con- (B) have an unobligated funding balance in law are repealed: servation and Production Act (42 U.S.C. 6861 the Corps of Engineers Construction Ac- (1) The Cotton Research and Promotion et seq.) and establish, at a minimum, that count; and Act (7 U.S.C. 2101 et seq.). not later than 3 years after the date of enact- (C) include levees, floodwalls, flood control (2) The Potato Research and Promotion ment of this Act, all residential buildings channels, and water control structures. Act (7 U.S.C. 2611 et seq.). that receive assistance under the Weather- (3) The purposes of the pilot program are— (3) The Egg Research and Consumer Infor- ization Assistance Program shall comply (A) to identify project delivery and cost- mation Act (7 U.S.C. 2701 et seq.). with the most recent International Energy saving alternatives that reduce the backlog (4) The Beef Research and Information Act Conservation Code published by the Inter- of Corps of Engineers construction projects; (7 U.S.C. 2901 et seq.). national Code Council’’ before the period at (B) to evaluate the technical, financial, (5) The Wheat and Wheat Foods Research the end. and organizational efficiencies of a non-Fed- and Nutrition Education Act (7 U.S.C. 3401 et eral sponsor operating as the lead project seq.). SA 1015. Mr. MERKLEY submitted an manager for the design, execution, manage- (6) Subtitle B of the Dairy Production Sta- amendment intended to be proposed by ment, and construction of a project; and bilization Act of 1983 (7 U.S.C. 4501 et seq.). him to the bill H.R. 2354, making ap- (C) to evaluate alternatives for the decen- (7) The Honey Research, Promotion, and propriations for energy and water de- tralization of the project planning, manage- Consumer Information Act (7 U.S.C. 4601 et velopment and related agencies for the ment, and operational decisionmaking proc- seq.). fiscal year ending September 30, 2012, (8) The Pork Promotion, Research, and ess of the Corps of Engineers. and for other purposes; which was or- (4) A flood control project under this sec- Consumer Information Act of 1985 (7 U.S.C. tion shall only receive Federal funding if the 4801 et seq.). dered to lie on the table; as follows: project is federally owned. (9) The Watermelon Research and Pro- At the appropriate place, insert the fol- (5)(A) In carrying out this section, the Sec- motion Act (7 U.S.C. 4901 et seq.). lowing: retary of the Army shall— (10) The Pecan Promotion and Research SEC. ll. DESIGNATION OF QUALIFIED CENSUS (i) enter into a project partnership agree- Act of 1990 (7 U.S.C. 6001 et seq.). TRACTS. ment with the non-Federal sponsor for the (11) The Mushroom Promotion, Research, (a) DESIGNATION.— non-Federal sponsor to provide full project and Consumer Information Act of 1990 (7 (1) IDENTIFICATION OF HUBZONE QUALIFIED management control for the design and con- U.S.C. 6101 et seq.). CENSUS TRACTS.—Not later than 2 months struction of the flood control project, includ- (12) The Lime Research, Promotion, and after the date on which the Secretary of ing preconstruction engineering and design, Consumer Information Act of 1990 (7 U.S.C. Housing and Urban Development receives project implementation, and construction 6201 et seq.). from the Census Bureau the data obtained activities, to be carried out under the pilot (13) The Soybean Promotion, Research, and from each decennial census relating to cen- program; and Consumer Information Act (7 U.S.C. 6301 et sus tracts necessary for such identification, (ii) in consultation with the district engi- seq.). the Secretary of Housing and Urban Develop- neer and the non-Federal sponsor, develop a (14) The Fluid Milk Promotion Act of 1990 ment shall identify and publish the list of detailed project management plan for each (7 U.S.C. 6401 et seq.). census tracts that meet the requirements of project under the pilot program that out- (15) The Fresh Cut Flowers and Fresh Cut section 42(d)(5)(B)(ii) of the Internal Revenue lines the scope, budget, design, and construc- Greens Promotion and Information Act of Code of 1986. tion resource requirements necessary for 1993 (7 U.S.C. 6801 et seq.). (2) SPECIFICATION OF EFFECTIVE DATES OF execution of the project by the non-Federal (16) The Sheep Promotion, Research, and DESIGNATION.— sponsor. Information Act of 1994 (7 U.S.C. 7101 et seq.). (A) HUBZONE EFFECTIVE DATE.—The Sec- (B) As a condition of receiving amounts (17) Section 501 of the Federal Agriculture retary of Housing and Urban Development, under this section, the non-Federal sponsor, Improvement and Reform Act of 1996 (7 after consultation with the Administrator of in consultation with the district engineer U.S.C. 7401). the Small Business Administration, shall and local project stakeholders, shall estab- (18) The Commodity Promotion, Research, designate a date that is not later than 3 lish to oversee the execution of the project and Information Act of 1996 (7 U.S.C. 7411 et months after the publication of the list of management plan a project delivery team, seq.). qualified census tracts under paragraph (1) which shall, at a minimum, consist of— (19) The Canola and Rapeseed Research, upon which the list published under para- (i) a project manager; and Promotion, and Consumer Information Act graph (1) becomes effective for areas that (ii) a Corps of Engineers official, who shall (7 U.S.C. 7441 et seq.). qualify as HUBZones under section 3(p)(1)(A) provide technical assistance and guidance on (20) The National Kiwifruit Research, Pro- of the Small Business Act (15 U.S.C. compliance with Corps of Engineers engi- motion, and Consumer Information Act (7 632(p)(1)(A)). neering manuals and regulations. U.S.C. 7461 et seq.). (B) SECTION 42 EFFECTIVE DATE.—The Sec- (6) On the request of the non-Federal spon- (21) The Popcorn Promotion, Research, and retary of Housing and Urban Development sor and in consultation with other appro- Consumer Information Act (7 U.S.C. 7481 et shall designate a date, which may differ from priate Federal agencies, the Secretary of the seq.). the HUBZone effective date under subpara- Army shall provide the non-Federal sponsor (22) The Hass Avocado Promotion, Re- graph (A), upon which the list of qualified with any necessary technical assistance, in- search, and Information Act of 2000 (7 U.S.C. census tracts published under paragraph (1) cluding assistance relating to Federal acqui- 7801 et seq.). shall become effective for purposes of section sition regulations, contracting requirements, (b) PROHIBITION ON REGULATIONS.—Not- 42(d)(5)(B)(ii) of the Internal Revenue Code of and environmental regulations. withstanding any other provision of law, the 1986. (7) Nothing in this section alters any cost- Secretary of Agriculture may not issue or (3) RULE OF CONSTRUCTION.—Nothing in this sharing requirement established before the subsection may be construed to affect the date of enactment of this Act for a project carry out any regulation that would author- method used by the Secretary of Housing carried out under this section. ize a fee to be imposed or collected on an ag- (8) Not later than øto be supplied¿, the Sec- ricultural commodity, or a producer of an and Urban Development to designate census retary of the Army shall submit to the ap- agricultural commodity, for the purpose of tracts as qualified census tracts in a year in propriate committees of Congress a report promoting or marketing that agricultural which the Secretary of Housing and Urban detailing the results of the pilot program commodity. Development receives no data from the Cen- carried out under this section, including any sus Bureau relating to census tract bound- recommendations of the Secretary con- SA 1014. Ms. SNOWE submitted an aries. cerning whether the program or any compo- amendment intended to be proposed to (b) REPORT.—Not later than 1 year after nent of the program should be implemented amendment SA 957 proposed by Mr. the date of enactment of this Act, the Ad- on a national basis. REID to the bill H.R. 2354, making ap- ministrator of the Small Business Adminis- propriations for energy and water de- tration shall submit to the Committee on SA 1013. Mr. DEMINT submitted an velopment and related agencies for the Small Business and Entrepreneurship of the amendment intended to be proposed by Senate and the Committee on Small Busi- fiscal year ending September 30, 2012, ness of the House of Representatives a report him to the bill H.R. 2354, making ap- and for other purposes; which was or- propriations for energy and water de- that— dered to lie on the table; as follows: (1) describes the benefits and drawbacks of velopment and related agencies for the In title III, in the matter under the head- using qualified census tract data to des- fiscal year ending September 30, 2012, ing ‘‘ENERGY EFFICIENCY AND RENEWABLE EN- ignate HUBZones under section 3(p) of the and for other purposes; which was or- ERGY’’ under the heading ‘‘ENERGY PRO- Small Business Act (15 U.S.C. 632(p)); dered to lie on the table; as follows: GRAMS’’, insert ‘‘: Provided further, That not (2) describes any problems encountered by At the appropriate place, insert the fol- later than 1 year after the date of enactment the Administrator in using qualified census lowing: of this Act, the Secretary shall establish tract data to designate HUBZones; and

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00162 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7583 (3) includes recommendations, if any, for The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE ways to improve the process of designating objection, it is so ordered. Mr. LEAHY. Mr. President, I ask HUBZones. COMMITTEE ON ARMED SERVICES unanimous consent that the Select Mr. LEAHY. Mr. President, I ask Committee on Intelligence be author- SA 1016. Mr. RUBIO submitted an ized to meet during the session of the amendment intended to be proposed by unanimous consent that the Com- Senate on November 15, 2011 at 3:30 him to the bill H.R. 2354, making ap- mittee on Armed Services be author- p.m. propriations for energy and water de- ized to meet during the session of the The PRESIDING OFFICER. Without velopment and related agencies for the Senate on November 15, 2011, at 2:30 objection, it is so ordered. fiscal year ending September 30, 2012, p.m. The PRESIDING OFFICER. Without SUBCOMMITTEE ON CRIME AND TERRORISM and for other purposes; which was or- objection, it is so ordered. dered to lie on the table; as follows: Mr. LEAHY. Mr. President, I ask COMMITTEE ON BANKING, HOUSING, AND URBAN unanimous consent that the Com- At the end of title I of division A, add the AFFAIRS following: mittee on the Judiciary, Sub- Mr. LEAHY. Mr. President, I ask SEC. 1ll. The Corps of Engineers is au- committee on Crime and Terrorism, be thorized to carry out any project for which— unanimous consent that the Com- authorized to meet during the session (1) there is a signed report of the Chief of mittee on Banking, Housing, and of the Senate, on November 15, 2011, at Engineers by the end of fiscal year 2012; and Urban Affairs, be authorized to meet 2:30 p.m., in room SD–226 of the Dirk- (2) prior to authorization, the Chief of En- during the session of the Senate on No- sen Senate Office Building, to conduct gineers certifies that 100 percent of the cost vember 15, 2011 at 10 a.m. to conduct a a hearing entitled ‘‘The Fix Gun of carrying out the project is contributed by hearing entititled ‘‘Oversight of the Checks Act: Better State and Federal a non-Federal entity or a group of non-Fed- Federal Housing Finance Agency.’’ eral entities. Compliance, Smarter Enforcement.’’ The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. SA 1017. Mr. DEMINT submitted an objection, it is so ordered. amendment intended to be proposed by COMMITTEE ON COMMERCE, SCIENCE, AND SUBCOMMITTEE ON FINANCIAL INSTITUTIONS him to the bill H.R. 2354, making ap- TRANSPORTATION AND CONSUMER PROTECTION propriations for energy and water de- Mr. LEAHY. Mr. President, I ask Mr. LEAHY. Mr. President, I ask velopment and related agencies for the unanimous consent that the Com- unanimous consent that the Com- fiscal year ending September 30, 2012, mittee on Commerce, Science, and mittee on Banking, Housing, and and for other purposes; which was or- Transportation be authorized to meet Urban Affairs, Subcommittee on Fi- dered to lie on the table; as follows: during the session of the Senate on No- nancial Institutions and Consumer vember 15, 2011, at 2:30 p.m. in room 253 At the appropriate place, insert the fol- Protection be authorized to meet dur- lowing: of the Russell Senate Office Building. ing the session of the Senate on No- SEC. ll. None of the funds appropriated The PRESIDING OFFICER. Without vember 15, 2011, to conduct a hearing or otherwise made available by this Act shall objection, it is so ordered. entitled ‘‘Financial Security Issues be used to make a loan guarantee of any COMMITTEE ON ENERGY AND NATURAL Facing Older Americans.’’ kind. RESOURCES The PRESIDING OFFICER. Without f Mr. LEAHY. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- NOTICE OF HEARING f mittee on Energy and Natural Re- COMMITTEE ON ENERGY AND NATURAL sources be authorized to meet during PRIVILEGES OF THE FLOOR RESOURCES the session of the Senate on November Ms. MURKOWSKI. Mr. President, I Mr. BINGAMAN. Mr. President, I 15, 2011, at 10 a.m., in room 366 of the ask unanimous consent that Sarah would like to announce for the infor- Dirksen Senate Office Building. Boger, an intern in my office, be al- mation of the Senate and the public The PRESIDING OFFICER. Without lowed the privileges of the floor that a hearing has been scheduled be- objection, it is so ordered. throughout consideration of the debate fore the Subcommittee on Water and COMMITTEE ON FOREIGN RELATIONS on the nomination of Sharon Gleason. Power. The hearing will be held on Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER (Mr. Thursday, December 8, 2011, at 2:30 unanimous consent that the Com- WEBB). Without objection, it is so or- p.m., in room SD–366 of the Dirksen mittee on Foreign Relations be author- dered. Senate Office Building. ized to meet during the session of the f The purpose of the hearing will be to Senate on November 15, 2011, at 2:15 hear testimony on opportunities and p.m. SUPPORT FOR NATIONAL INFOR- challenges to address domestic and The PRESIDING OFFICER. Without MATION AND REFERRAL SERV- global water supply issues. objection, it is so ordered. ICES DAY Because of the limited time available COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. REID. Mr. President, I ask unan- for the hearing, witnesses may testify AND PENSIONS imous consent that the HELP Com- by invitation only. However, those Mr. LEAHY. Mr. President, I ask mittee be discharged from further con- wishing to submit written testimony unanimous consent that the Com- sideration of S. Res. 241 and that the for the hearing record may do so by mittee on Health, Education, Labor, Senate proceed to its immediate con- sending it to the Committee on Energy and Pensions be authorized to meet, sideration. and Natural Resources, United States during the session of the Senate, to The PRESIDING OFFICER. Without Senate, Washington, D.C. 20510–6150, or conduct a hearing entitled ‘‘Medical objection, it is so ordered. by e-mail to Meagan Devices: Protecting Patients and Pro- The clerk will report the resolution [email protected]. moting Innovation’’ on November 15, by title. For further information, please con- 2011, at 2:30 p.m., in room G50 of the The legislative clerk read as follows: tact Sara Tucker at (202) 224–6224 or Dirksen Office Building. A resolution (S. Res. 241) expressing sup- Meagan Gins at (202) 224–0883. The PRESIDING OFFICER. Without port for the designation of November 16, 2011, f objection, it is so ordered. as National Information and Referral Serv- ices Day. AUTHORITY FOR COMMITTEES TO COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS There being no objection, the Senate MEET Mr. LEAHY. Mr. President, I ask proceeded to consider the resolution. COMMITTEE ON ARMED SERVICES unanimous consent that the Com- Mr. REID. Mr. President, I ask unan- Mr. LEAHY. Mr. President, I ask mittee on Homeland Security and Gov- imous consent that the resolution be unanimous consent that the Com- ernmental Affairs be authorized to agreed to, the preamble be agreed to, mittee on Armed Services be author- meet during the session of the Senate the motions to reconsider be laid upon ized to meet during the session of the on November 15, 2011, at 3:15 p.m. table, with no intervening action or de- Senate on November 15, 2011, at 9:30 The PRESIDING OFFICER. Without bate, and that any statements related a.m. objection, it is so ordered. to the matter be printed in the RECORD.

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00163 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7584 CONGRESSIONAL RECORD — SENATE November 15, 2011 The PRESIDING OFFICER. Without RECOGNIZING THE CHURCH OF LDS welfare program and other private objection, it is so ordered. JESUS CHRIST OF LATTER-DAY charitable organizations. In fact, Presi- The resolution (S. Res. 241) was SAINTS dent Reagan said of the LDS welfare agreed to. Mr. REID. Mr. President, I ask unan- program, ‘‘If, during the period of the The preamble was agreed to. imous consent that the Senate proceed Great Depression, every church had The resolution, with its preamble, come forth with a welfare program reads as follows: to the consideration of S. Res. 323, which was submitted earlier today. founded on correct principles . . . we S. RES. 241 The PRESIDING OFFICER. Without would not be in the difficulty in which Whereas information and referral services objection, it is so ordered. we find ourselves today.’’ link the consumer who has a need or problem As I look at the surging national The clerk will report the resolution with the most appropriate service to address debt driven largely by poorly struc- by title. that need or solve that problem; tured entitlement programs, I can’t The legislative clerk read as follows: Whereas quality information and referral help but think that President Reagan’s services are the keystone point of entry to A resolution (S. Res. 323) recognizing the words are as true today as they were in the entire human services structure delivery 75th anniversary of the Welfare Program of system; the Church of Jesus Christ of Latter-Day 1982. Whereas information and referral services Saints and the significant impact of the Wel- The LDS welfare program is an inspi- have been recognized in Federal legislation fare Program in the United States and rational example of what a private or- for more than 35 years since the 1973 reau- throughout the world in helping people in ganization can accomplish as ordinary thorization of the Older Americans Act of need. people give of their money, time, and 1965 (42 U.S.C. 3001 et seq.), and the subse- There being no objection, the Senate talents. I wish to congratulate the quent establishment of the national Church of Jesus Christ of Latter-day Eldercare Locator and the development of proceeded to consider the resolution. Mr. HATCH. Mr. President, I support Saints, its leadership, and its world- Aging and Disability Resource Centers; wide membership on the success of this Whereas, as of the date of agreement to this resolution recognizing the 75th an- this resolution, the United States is served niversary of the welfare program of the great program. by information and referral through 2–1–1 Church of Jesus Christ of Latter-day Mr. REID. Mr. President, I ask unan- programs, aging information and referral Saints, LDS. This resolution recognizes imous consent that the resolution be agreed to, the preamble be agreed to, services, Aging and Disability Resource Cen- and commends the LDS Church and its and the motions to reconsider be laid ters, child care resource and referral serv- members for 75 years of donating their ices, military family centers, and other spe- upon the table. cialty information and referral services; time, energy, and resources to benefit The PRESIDING OFFICER. Without Whereas individuals who understand the people across the Nation and through- objection, it is so ordered. variety of services available are better out the world. The resolution (S. Res. 323) was equipped to make decisions; Since its creation in 1936, the LDS agreed to. Whereas, in 1997, the national 2–1–1 initia- welfare program has matured to a The preamble was agreed to. tive began with the United Way of Metro- point where its reach can be felt across The resolution, with its preamble, politan Atlanta creating the first 24-hour the globe by people of all nations and telephone information and referral service reads as follows: using the easy-to-remember 2–1–1 dialing religious affiliations. Founded to help S. RES. 323 code for access; others achieve self-reliance, the pro- Whereas in 1936, while the United States Whereas, in 2000, the Federal Communica- gram has remained true to its founding was mired in the Great Depression, Heber J. tions Commission reserved the 2–1–1 dialing values as it has grown. To date, a re- Grant, President of The Church of Jesus code for community information and referral markable 63,000 tons of food has been Christ of Latter-day Saints (referred to in services, intended as an easy-to-remember distributed by the welfare program to this Resolution as ‘‘the LDS Church’’), an- and universally recognizable number that people in need across the globe. In ad- nounced the creation of what came to be would serve as a vital connection between in- known as the Welfare Program; dividuals and families in need, and appro- dition to food distribution, the pro- Whereas President Grant explained, ‘‘Our priate community-based organizations and gram has provided much needed cloth- primary purpose was to set up . . . a system government agencies, on a regular basis and ing, medical aid, and services to help under which the curse of idleness would be in times of disaster; people gain long-term stability in the done away with, the evils of a dole abolished, Whereas the Alliance of Information and workforce and in the home. and independence, industry, thrift and self Referral Systems has been providing profes- Over 300 LDS Employment Research respect be once more established amongst sional standards and credentialing programs Service Centers around the world pro- our people . . . The aim of the Church is to for those operating information and referral vide people with jobs skills training, help the people to help themselves. Work is services; to be re-enthroned as the ruling principle of Whereas expanding access to information resume-writing workshops, inter- the lives of our Church membership.’’; about, and referrals to, services provides in- viewing classes, and assistance in find- Whereas, the LDS Church’s Welfare Pro- dividuals with lower cost and safer options ing employment. In addition, Deseret gram, which is based on the principles of for managing their needs, and is likely to re- Industries, an LDS Church-run group of self-reliance and industry, has expanded duce confusion, frustration, and inacces- thrift stores, provides refugees and the throughout the world and assists people of sibility to services; and disabled with the employment they all faiths by caring for the needy while si- Whereas requests for assistance through need to gain on-the-job experience be- multaneously teaching principles to help them become self-reliant and retain their information and referral services and 2–1–1 fore moving on to long-term employ- have increased across the United States due self respect; to the economic crisis: Now, therefore, be it ment. Another arm of the welfare pro- Whereas funding for the LDS Church’s Wel- Resolved, That the Senate— gram, LDS Family Services, provides fare Program is provided by the members of (1) expresses support for the designation of adoption services, support groups for The Church of Jesus Christ of Latter-day November 16, 2011, as National Information addiction recovery, and counseling for Saints, who routinely fast for 2 consecutive and Referral Services Day— a variety of emotional, social, and spir- meals every month and make donations to (A) to raise public awareness about the ex- itual challenges. the LDS Church’s Welfare Program that is at istence and importance of information and There is a common assumption that least equal to the money they would have referral services available to all people in if the Federal Government does not ad- spent on food; the United States; and Whereas the LDS Church’s Welfare Pro- (B) to more effectively target those serv- dress a problem, no one else will. The gram provides opportunities for members of ices to reach individuals most in need; LDS welfare program is evidence that The Church of Jesus Christ of Latter-day (2) encourages activities in communities private charities play a vital role in Saints to help the less fortunate by working across the United States involving schools, providing for the social, mental, phys- at dozens of farms and canneries located nonprofit organizations, businesses, and ical, and spiritual welfare of this Na- throughout the United States and Canada other entities to ensure information and re- tion’s citizens. President Ronald that produce food for needy people; ferral services are part of everyday life in ad- Reagan recognized this truth. Whereas needy people in the community dition to emergency preparedness programs; He believed that government could are identified by the leader of each local and church congregation, in consultation with (3) reaffirms the importance of clear and not provide a solution for every prob- other local leaders, including the Relief So- consistent professional standards to govern lem. He also understood that there is ciety President (a woman from the congrega- every aspect of quality information and re- much that the government can learn tion who serves as the local leader of the ferral services. from the sound management of the LDS Church’s women’s organization);

VerDate Mar 15 2010 00:26 Jul 20, 2012 Jkt 099060 PO 00000 Frm 00164 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S15NO1.REC S15NO1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE November 15, 2011 CONGRESSIONAL RECORD — SENATE S7585 Whereas people in need are provided free (1) recognizes the 75th Anniversary of the going to be able to get some kind of food and household items at facilities called Welfare Program of The Church of Jesus agreement on the Energy and Water Bishop’s Storehouses after receiving a writ- Christ of Latter-day Saints; appropriations bill. We also have to ten requisition from the leader of their local (2) congratulates the members of The consider the continuing resolution, the congregation; Church of Jesus Christ of Latter-day Saints Whereas the 129 Bishop’s Storehouses, for the significant contribution that its Wel- conference report on the first minibus which are located throughout the world, pro- fare Program has had on United States citi- we did, and the Department of Defense vide needed commodities from the con- zens and many people throughout the world; authorization bill. So we have a lot to secrated sacrifices of members of The Church and do in a short period of time. Senators of Jesus Christ of Latter-day Saints; (3) commends the many efforts made by will be notified when votes are sched- Whereas recipients of these commodities The Church of Jesus Christ of Latter-day uled. are given service opportunities, to the extent Saints and its members, through its Welfare of their ability, which allow them to dem- Program, to serve others regardless of reli- f onstrate their gratitude for what they have gious affiliation. received; ADJOURNMENT UNTIL 10 A.M. Whereas employment resource service cen- f TOMORROW ters, which are also part of the LDS Church’s ORDERS FOR WEDNESDAY, Mr. REID. If there is no further busi- Welfare Program, provide a place where peo- NOVEMBER 16, 2011 ple can receive job training, learn to enhance ness to come before the Senate, I ask their resumes, and find job opportunities; Mr. REID. Mr. President, I ask unan- unanimous consent that the Senate Whereas there are nearly 300 employment imous consent that when the Senate stand adjourned under the previous resource service centers throughout the completes its business today, it stand order. world, at which volunteers help hundreds of adjourned until 10 a.m. tomorrow, There being no objection, the Senate, thousands of people to find jobs every year, Wednesday, November 16, 2011; that fol- at 7 p.m., adjourned until Wednesday, a large percentage of whom are not members November 16, 2011, at 10 a.m. of The Church of Jesus Christ of Latter-day lowing the prayer and pledge, the Jour- Saints; nal of proceedings be approved to date, f Whereas the LDS Church’s Welfare Pro- the morning hour be deemed expired, gram also includes Deseret Industries, which the time for the two leaders be re- NOMINATIONS serves as an employment training facility served for their use later in the day; Executive nominations received by and operates thrift stores; that following any leader remarks, the the Senate: Whereas these thrift stores provide on-the- Senate be in a period of morning busi- job experience for refugees or others who CORPORATION FOR NATIONAL AND COMMUNITY need help qualifying for long-term employ- ness for 1 hour, with Senators per- SERVICE mitted to speak therein for up to 10 ment and are stocked by individual dona- DEBORAH J. JEFFREY, OF THE DISTRICT OF COLUMBIA, tions, which are offered to the public at inex- minutes each, with the time equally di- TO BE INSPECTOR GENERAL, CORPORATION FOR NA- vided and controlled between the two TIONAL AND COMMUNITY SERVICE, VICE GERALD pensive prices; WALPIN. Whereas the LDS Church’s Welfare Pro- leaders or their designees, with the ma- DEPARTMENT OF THE TREASURY gram also includes LDS Family Services, a jority controlling the first half and the private, nonprofit organization that provides Republicans controlling the final half; MARK J. MAZUR, OF NEW JERSEY, TO BE AN ASSIST- counseling, adoption services, addiction re- ANT SECRETARY OF THE TREASURY, VICE MICHAEL F. and that following morning business, MUNDACA, RESIGNED. covery support groups, and resources for social, emotional, and spiritual challenges; the Senate resume consideration of f Whereas the influence and power for good H.R. 2354, the Energy and Water appro- exerted by the Welfare Program of the LDS priations bill. CONFIRMATIONS Church has greatly expanded over its 75-year The PRESIDING OFFICER. Without Executive nominations confirmed by history; and objection, it is so ordered. the Senate November 15, 2011: Whereas the positive impact of the LDS Church’s Welfare Program in the United f THE JUDICIARY States has assisted untold numbers of United PROGRAM SHARON L. GLEASON, OF ALASKA, TO BE UNITED States citizens: STATES DISTRICT JUDGE FOR THE DISTRICT OF ALASKA. Mr. REID. As I indicated an hour or YVONNE GONZALEZ ROGERS, OF CALIFORNIA, TO BE Now, therefore, be it UNITED STATES DISTRICT JUDGE FOR THE NORTHERN Resolved, That the Senate— so ago, Mr. President, I hope we are DISTRICT OF CALIFORNIA.

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CONEJOS COUNTY TRIBUTE by his parents and sister, who reside in Colo- Recycling has important environmental re- rado Springs, Colorado. wards like energy and natural resource con- HON. SCOTT R. TIPTON Christopher enlisted in the Army in July, servation. According to the Southeast Recy- 2010 and joined the 75th Ranger Regiment in cling Development Council, Alabama has 26 OF COLORADO March, 2011. He served as an assistant ma- manufacturers who look to recycle content IN THE HOUSE OF REPRESENTATIVES chine gunner and automatic rifleman. By join- feedstock in their product. This means that Tuesday, November 15, 2011 ing the Army Christopher followed in his fa- 10,700 jobs in Alabama depend on recycled ther’s footsteps, who had also served a tour in materials with an annual sale of $6.6 billion. Mr. TIPTON. Mr. Speaker, I rise today to Afghanistan at the beginning of the war. He honor Conejos County, Colorado for its 150th Recycling is not simply an environmental was eager to serve his country and the Army. issue, it is an economic one. There are real Birthday. On November 1, 1861, the Colorado He was especially proud when he qualified for legislature created 17 founding counties, of manufacturing jobs that depend heavily on re- Ranger school after boot camp. cycling. Recycling is good for the earth but which Conejos was one. At the time, Conejos We must never forget the sacrifices that our was named Guadalupe County, but its name maybe more significantly, recycling is good for young men and women have made in defend- the economy. was changed shortly thereafter. ing our freedom. I am humbled and honored The area that is now Conejos County was to represent such a fine young man as Chris- Mr. Speaker, I ask that my colleagues rise originally settled in the 1850’s, primarily by topher, who made the ultimate sacrifice for his to join me in recognizing November 15th as Spanish speaking immigrants from New Mex- country. Please keep the family and friends of the National Recycling Day and to continue to ico. The first village settled was the town of Christopher in your thoughts and prayers. encourage our constituents to participate in re- Conejos where Our Lady of Guadalupe, the I ask the Members of Congress to join me cycling. It is equally important that we teach first church to be built in Colorado, was con- in remembering and honoring Army Private our children the environmental and economic structed. This area, still part of the New Mex- First Class Christopher A. Horns. We must benefits of recycling. ico territory, would not become part of Colo- never forget those who take up arms on our rado for another 10 years. behalf to preserve our way of life. f After the county was officially established in f 1861, it incorporated most of the southwestern IN HONOR OF MR. SEAN S. ENNIS portion of Colorado until it was broken apart RECOGNIZING NOVEMBER 15, 2011 and redistributed in 1874. It was at this time AS THE NATIONAL RECYCLING HON. DENNIS J. KUCINICH that Hinsdale, La Plata and Rio Grande Coun- DAY ties were established. OF OHIO Today, Conejos County is one of the pri- HON. MARTHA ROBY IN THE HOUSE OF REPRESENTATIVES mary locations for agriculture in Colorado, with OF ALABAMA Tuesday, November 15, 2011 agribusiness comprising twenty-five percent of IN THE HOUSE OF REPRESENTATIVES Conejos County employment. Agriculture not Tuesday, November 15, 2011 Mr. KUCINICH. Mr. Speaker, I rise today in only drives Conejos County’s economy, but it honor of Mr. Sean S. Ennis, a man who has also contributes to the rich culture and herit- Mrs. ROBY. Mr. Speaker, I rise today to given so much to serving communities both at age of the community. recognize that today is the National Recycling home and abroad, as he is inducted to the Mr. Speaker, it is an honor to recognize Day that promotes and encourages recycling Ohio Veterans Hall of Fame. in our homes, schools, and workplaces. Conejos County for its 150th Birthday. The The Ohio Veterans Hall of Fame was estab- I had the privilege of touring KW Plastics county’s history and culture have contributed lished by former Governor George V. Voino- last week and was impressed with what this greatly to the rich heritage of the state of Col- vich in 1992. It is designed to commemorate business are accomplishing. KW Plastics is lo- orado. servicemen and women whose lives dem- cated in Troy, Alabama and employs approxi- onstrate a dedication above and beyond the f mately 300 people. It is the world’s largest call of duty. The Ohio Veterans Hall of Fame plastics recycler. RECOGNIZING THE SACRIFICE OF seeks to recognize Ohioans who have worn KW recycles post-consumer household plas- ARMY PRIVATE FIRST CLASS the uniform of this Nation’s Armed Forces tic items like milk jugs, shampoo and deter- CHRISTOPHER A. HORNS honorably, and then continue to contribute to gent bottles, yogurt cups, paint cans, and their community, state and nation. plastic bottle caps. Instead of these products HON. DOUG LAMBORN ending up in landfills, KW Plastics turns these Mr. Sean S. Ennis is a prime example of the OF COLORADO items into high quality and high value prod- veterans honored by the Ohio Veterans Hall of IN THE HOUSE OF REPRESENTATIVES ucts. These include automotive parts, con- Fame. He served with the U.S. Army during sumer brand packaging, agricultural pipe and the Vietnam War. Since his military service, Tuesday, November 15, 2011 pots, all-plastic paint containers and film wrap. Mr. Ennis has been an active member of the Mr. LAMBORN. Mr. Speaker, I rise today to KW’s largest challenge and only hindrance veteran and Greater Cleveland community. He recognize the life and the sacrifice of Army in growing more, employing more, investing has been involved with the March of Dimes for Private First Class Christopher A. Horns who more, and generating more revenue for their over 20 years and volunteers with the Viet- died in service to this great nation. On Octo- community is a mere lack of supply. They namese Tax Clinic and the Cleveland Airport ber 22, 2011, Private First Class Christopher need more recyclable material. We have the USO. He is a board member of Honor Flight A. Horns was killed in Kandahar province, Af- needed supply, but are burying it in our land- Cleveland and the Vietnam Veterans of Amer- ghanistan, of wounds suffered when enemy fills every day. ica, Buckeye State Council. Mr. Ennis is the forces attacked his unit with an improvised ex- Several states conducted studies showing President of Vietnam Veterans of America plosive device. the material they paid to place in a landfill Chapter 15 and the Chaplain of Veterans of PFC Christopher Horns, 20, of Colorado would have generated more worth had the Foreign Wars Post #2533. Springs, Colorado was assigned to 2nd Bat- material been sorted and sent to a recycling Mr. Speaker and Colleagues, please join me talion, 75th Ranger Regiment, Joint Base market. We are literally burying treasure in our in honoring the Ohio Veterans Hall of Fame as Lewis-McChord, Washington. Afghanistan was landfills every day while there are recycling they induct Mr. Sean S. Ellis, whose life of his first overseas deployment in support of companies starving for material and offering service has impacted the lives of countless Operation Enduring Freedom. He is survived competitive market pricing. people in Cleveland and around the world.

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

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K15NO8.001 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS E2044 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2011 COAST GUARD AND MARITIME This bill is a bad deal for the environment, Business Agent. He served in this position TRANSPORTATION ACT OF 2011 for the economy, and for U.S. workers. While until 2000 when he was elected Business I support the Coast Guard, I oppose this legis- Manager/Financial Secretary/Treasurer. During SPEECH OF lation. I urge the House to vote on a Coast his tenure he also served as Labor Co-Chair HON. EARL BLUMENAUER Guard authorization bill without provisions that of Ironworkers Local 15 & 424 Annuity, Health OF OREGON threaten our environment and our economy. & Welfare & Pension Funds, as well as Presi- IN THE HOUSE OF REPRESENTATIVES f dent of the New Haven Building Trades. From Friday, November 4, 2011 his beginnings to today, his commitment to HONORING ANDREW ESPOSITO ON unions, fairness, and justice for men and The House in Committee of the Whole THE OCCASION OF HIS RETIRE- women in the workplace has never wavered. House on the state of the Union had under MENT consideration the bill (H.R. 2838) to authorize I have known Andy for many years and I appropriations for the Coast Guard for fiscal would be remiss if I did not take this oppor- years 2012 through 2015, and for other pur- HON. ROSA L. DeLAURO tunity to thank him for his constant friendship poses: OF CONNECTICUT and support. I consider myself fortunate to call Mr. BLUMENAUER. Mr. Chair, today the IN THE HOUSE OF REPRESENTATIVES him my friend. Throughout his life, Andy has House of Representatives debated a bill that Tuesday, November 15, 2011 demonstrated a unique commitment to his combines a Coast Guard reauthorization with work and his community. He has made Great- Ms. DELAURO. Mr. Speaker, it is with great unrelated provisions that will hurt our environ- er New Haven a better place to live, work, and pleasure that I rise today to join all of those ment, our economy, and maritime workers. grow. I am proud to join his wife, Marie, their who have gathered to extend my sincere con- This bill will eliminate the ability of states to sons, Mark and Gary, as well as daughter-in- gratulations to my dear friend, Andrew protect their waters from invasive species and law, Karen, and their grandchildren, Gary and Esposito, as he celebrates his retirement after significantly limit the rights of injured maritime Danny as well as all of the family, friends, and workers, the families of workers who die at more than four decades with Ironworkers colleagues in congratulating Andrew Esposito sea, and workers who are wrongfully denied Local 424. Andy’s contributions to his union, on his retirement and wishing him all the best their earned wages. This bill puts the profits of his brothers and sisters of the labor move- for many more years of health and happiness. maritime corporations above the safety of our ment, as well as his community have left an environment, our economy, and maritime indelible mark that will not soon be matched. f The son of Italian immigrant parents—the workers. TRIBUTE TO THE FIRST SAVINGS Invasive species are a major threat to our second youngest of ten children at the end of the depression era—Andy learned early on BANK OF PERKASIE AND THE environment and our economy, costing the WELLSPRING CLUBHOUSE U.S. economy over $120 billion annually. In that hard work and natural talents garnered communities that rely on our lakes, rivers, and success. Throughout his childhood, Andy was oceans, invasive species can decimate local drawn to athletics and the skills he honed in HON. MICHAEL G. FITZPATRICK economies, as they take over fisheries and the local parks and recreation centers made OF PENNSYLVANIA damage water infrastructure. If zebra or him a formidable player by the time he joined IN THE HOUSE OF REPRESENTATIVES his high school team. He played three sports quagga mussels were to spread from the Tuesday, November 15, 2011 Great Lakes to Oregon’s rivers, for example, and captained the noted 1955–56 basketball they could wreak havoc on not only our sen- team to a winning season, a feat which is still Mr. FITZPATRICK. Mr. Speaker, I rise today sitive ecosystems but also cause major prob- spoken of today. Andy’s love for sports has to discuss the complications of mental illness lems for hydropower production. These spe- been a lifelong passion. After his own playing in the United States, and to honor a local or- cies could clog pipes and dam intakes in the days ended, he did the next best thing—he ganization in my district for their efforts in as- Columbia River, potentially costing the Pacific coached and refereed. sisting individuals who are recovering from Northwest $25.5 million a year to clean up. Andy became an official with the Inter- these illnesses. According to the National In- Ballast water is the primary source of invasive national Association of Approved Basketball stitute of Mental Health, mental illness affects species into our water, as ships from around Officials, IAABO, and refereed both high 57.7 million adults in the U.S. per year. Four the world release water from their last port of school and college ball throughout Greater out of the ten leading causes of disability in call into our waters. New Haven. His dedication was recognized the United States are mental disorders. There This bill will prevent states from introducing with a multitude of awards and commenda- is no clear-cut socio-economic basis for these common sense controls on ballast water re- tions including the Outstanding Basketball Offi- statistics; it is evident that mental illness can leases in state waters. The bill sets a low na- cial of the Year as well election into the Hall affect almost anyone, and the impacts on our tional standard, and does not allow states to of Fame. While living in East Haven, Con- economy are staggering. choose higher protections for sensitive local necticut, Andy coached bitty basketball and Despite the disheartening statistics, mental waters. It also removes one of the protections was one of the founders of the town’s midget illness is treatable, and there is much hope for we already have—a federal permit require- football league. Andy also volunteered to people who battle with these afflictions. Given ment under the Clean Water Act. The bill will coach the first wheelchair basketball team in the right tools, people with mental illness can also further undermine the Clean Water Act by Connecticut, the Spokebenders; a team that achieve their goals and be productive mem- restricting public participation, and opens the has since gone on to attain national recogni- bers of society. The First Savings Bank of door to future threats to our water quality. tion for their abilities on the court. In addition Perkasie and the Wellspring Clubhouse work This bill also harms the rights of maritime to coaching and refereeing, he served 25 hard to help individuals recovering from men- workers. The bill caps the amounts workers years as Chairman of the John P. Criscuolo tal illness in Bucks County, Pennsylvania, and can recover when their employer wrongfully Memorial Scholarship Awards dinner, a benefit they deserve to be recognized for their out- withholds their wages, and lessens the incen- to raise funds for high school scholar athletes standing achievements. tive to enforce wage laws because there is in Greater New Haven. These are only a few On behalf of the 8th District of Pennsyl- less to recover. Many maritime workers, espe- examples of the innumerable ways Andy vol- vania, I am pleased to recognize the work of cially fisherman, are not protected by many unteered on behalf of his community and how Fred Schea and Marie Koch of the First Sav- workers’ compensation laws. Their only re- his generosity and kind heart has touched the ings Bank of Perkasie, in their collaboration course is the right to go to a court to force lives of others. with the Wellspring Clubhouse to provide em- boat owners to pay compensation or face the After serving honorably in the United States ployment opportunities for individuals recov- loss of their fishing permit. This bill would Army and marrying his high-school sweet- ering from mental illnesses. Thus far, First eliminate this right, and make it easier for boat heart, Andy spent several years searching for Savings Bank has provided an opportunity for owners to avoid compensating the families of work for which he had a passion. In the late 10 individuals to return to work in the commu- killed or injured workers. The bill also 1960’s he found work with Ironworkers Local nity, gaining valuable experience, and life incentivizes hiring non-U.S. citizens, as it re- 424 and his life would forever be changed. skills. Wellspring Clubhouse members work in moves the requirement for cruise ships to pro- Though he would choose no other for his life’s the Bank’s Customer Care Center, which is vide the same treatment for U.S. and non-U.S. work, Andy’s many years of ironworking were supervised by Marie Koch. Members work citizens in U.S. waters. This makes it cheaper long and hard. In 1994, his dedication and alongside other Bank employees, and are re- to hire non-U.S. citizens, eliminating American contributions to Local 424 were recognized sponsible for scanning bank documents, jobs. with his election to the position of President/ verifying data, and performing data entry.

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.001 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS November 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2045 Marie and Fred have been outstanding com- Following these successes, the Center was More than 220 million tons of cargo moved munity employment partners, and I am hon- utilized in engaging the city at large. By 1992, through the Port of Houston in 2010 and it has ored to be their representative in the 8th Dis- it had expanded its youth centered approach been ranked as first in foreign waterborne ton- trict of Pennsylvania. to include issues such as neighbor to neighbor nage for the 15th consecutive year. It is a pleasure to honor First Savings Bank mediation and training. Homelessness has The port links Houston with over 1,000 ports of Perkasie for their commitment to the also been one of the Center’s major concerns, located in 203 countries, and provides Wellspring Clubhouse and its mission of pro- particularly in addressing discrepancies be- 785,000 jobs throughout the state of Texas. viding hope and opportunities for people with tween the city’s homeless population and Maritime ports are major centers of trade, mental illness. Thank you once again for all services provided by city agencies. Today, the commerce, and travel along our nation’s that you do for the Bucks County community. Cleveland Mediation Center continues their coastline. All of these ports are protected by f mission of promoting constructive conflict res- the Coast Guard. olution, especially among youth, and strength- As a Representative from Texas, a border WASHINGTON POST ADMITS ening community ties with an emphasis on state, I am extremely concerned with curtailing ERRORS IN KOCH STORY mediation and mediation training. the flow of illegal drugs entering into the Mr. Speaker and colleagues, please join me United States. The Coast Guard is the lead HON. LAMAR SMITH in honoring the Cleveland Mediation Center in federal agency for maritime drug interdiction. OF TEXAS celebrating their important role as facilitators Houston has been classified by the Office of IN THE HOUSE OF REPRESENTATIVES within their communities and enabling fellow National Drug Control Policy (ONDCP) as a High Intensity Drug Trafficking Area, and in a Tuesday, November 15, 2011 citizens to work through their conflicts in peaceful and constructive ways. 2009 report, the ONDCP expressed concern Mr. SMITH of Texas. Mr. Speaker, the f that ‘‘the sheer volume of maritime traffic and Washington Post recently published a story foreign cargo that passes through the port of- about alleged questionable business practices COAST GUARD AND MARITIME fers another avenue for drug smuggling.’’ by Koch subsidiaries dating back to the 1990s. TRANSPORTATION ACT OF 2011 The Coast Guard is responsible for and has The Post received criticism for the unbalanced coordinated with other federal, state, and local and incomplete story on Koch Industries. SPEECH OF agencies and countries within the region to Patrick B. Pexton, Washington Post Om- HON. SHEILA JACKSON LEE disrupt and deter the flow of illegal drugs into budsman, stated ‘‘I think The Post erred in re- OF TEXAS Houston and other ports. This coordinated ef- publishing this story, or at least in the way it IN THE HOUSE OF REPRESENTATIVES fort has resulted in a decrease in the supply did. And when the Kochs complained to The of illicit substances being transported all over Post after publication, The Post’s response Friday, November 4, 2011 the country. wasn’t handled well.’’ The House in Committee of the Whole The Coast Guard protects the interests of In addition, the Ombudsman goes on to House on the state of the Union had under American citizens and American commerce state, ‘‘. . . I think the story lacked context, consideration the bill (H.R. 2838) to authorize abroad. Last year, 73.2 million tons of exports was tendentious and was unfair in not report- appropriations for the Coast Guard for fiscal left the Port of Houston to be sold to countries ing some of the exculpatory and contextual in- years 2012 through 2015, and for other pur- around the world. These exports represented poses: formation . . . I think newspapers should al- $70.8 billion dollars, and countless American ways be provocative. But they should also be Ms. JACKSON LEE of Texas. Mr. Chair, I jobs. fair and provide context . . . The Post could rise today to support H.R. 2838, the ‘‘Coast The international counter—piracy efforts of have included a sidebar summarizing and link- Guard and Maritime Transportation Act of the Coast Guard focus on preventing attacks ing to the rebuttals. It could have called Koch 2011.’’ This legislation authorizes funding for of piracy that threaten American commercial directly—it didn’t—and put its comments in the the Coast Guard through fiscal year 2014 and vessels and cargo. The Coast Guard also per- sidebar.’’ authorizes service strength of 47,000 active forms vital counter terrorism measures in ports I hope that the Washington Post will be duty personnel. abroad to ensure the safety of Americans more thorough and accurate in its reporting in As a Senior Member on the Committee on across the globe. the future. Homeland Security and the Border and Mari- In addition, in Houston the Coast Guard rou- f time Security Subcommittee, I understand the tinely conducts integrated operations with city, importance of protecting our maritime borders. county, state and Federal Law Enforcement IN RECOGNITION OF THE In our post 9/11 climate, homeland security partners. The joint agency Houston Area Mari- CLEVELAND MEDIATION CENTER continues to be a top priority for our nation. time Operations Center is a prime example of In 1787, Alexander Hamilton, in Federalist the type of coordination efforts directed under HON. DENNIS J. KUCINICH Paper Number 12 laid the foundation for the a recent Maritime Operations Coordination OF OHIO modern Coast Guard when he noted that ‘‘[a] Plan signed by the U.S. Coast Guard, U.S. IN THE HOUSE OF REPRESENTATIVES few armed vessels, judiciously stationed at the Customs and Border Protection (CBP) and entrances of our ports, might at a small ex- U.S. Immigration and Customs Enforcement Tuesday, November 15, 2011 pense, be made useful sentinels of our laws.’’ (ICE). Mr. KUCINICH. Mr. Speaker, I rise today in I believe protecting our country by air, land, The Port of Houston as one of the world’s honor of the Cleveland Mediation Center as it and sea is critical to our national security inter- busiest ports is a tremendous responsibility celebrates its 30th anniversary. The Mediation ests. As Coast Guard is beneficial to our mari- which has been smoothly operated by the Center has provided an essential forum for time interests, and consequently, our national Coast Guard. In terms of maritime traffic and dialogue and communication which has fos- security it is imperative that we provide the cargo, the Port of Houston ranks first in the tered cooperation and peace within the com- Coast Guard with the funding they need. nation for number of ship arrivals and second munity. It has proven especially valuable for In the aftermath of September 11, 2001 the in total cargo tonnage. Houston handles over the city’s youth, who often lack the voice to focus of many federal agencies shifted to in- 50 percent of all containerized cargo arriving raise their concerns about problems which di- clude an increased emphasis on Homeland at Gulf of Mexico ports. rectly affect them. Security. Under the Homeland Security Act of Houston is the Energy capitol of the United The Center began as the Community Youth 2002, a number of security missions were as- States for a reason, more than 50 percent of Mediation program in 1981. Focusing on the signed to the Coast Guard. Without question the gasoline used in the United States is re- Near West Side community of Cleveland, this the first mission of our Coast Guard has been fined in this area. With more than 100 petro- organization became the first grass-roots to protect our ports, waterways and to focus chemical waterfront facilities, Houston has the youth oriented mediation program in the coun- on coastal security. They have completed this second largest such complex in the world. try. The Center provided guidance to thou- mission with honor for centuries. Major corporations such as Exxon-Mobil, sands of individuals and helped to address Across the United States there are currently Shell, Saudi ARAMCO, Stolt Nielson, Odfjell issues of truancy, school violence, and cases more than 350 major ports of which 23 are lo- USA Inc., Sea River and Kirby Marine have of abuse and neglect. Two of the programs cated in my home state of Texas. national or international headquarters in Hous- developed by the Center would go on to be I am honored to represent the 18th Con- ton. used by both the Juvenile Court and Cleve- gressional District which includes the Port of These operations typically involve the Harris land Public Schools. Houston, one of our nation’s busiest ports. County Sheriff’s Office and local city Police

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.003 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS E2046 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2011 Department marine divisions as well as CBP, billion dollars in 2012, $8.6 billion dollars in with appropriate representatives of industry to ICE, Federal Bureau of Investigation, Bureau 2013, and $8.7 billion in 2014. It is certainly conduct a feasibility study to determine the ca- of Alcohol, Tobacco, Firearms, and Explosives the duty of this Congress and the Administra- pability, cost, and benefits of requiring the and other Federal partners. Efforts are under- tion to ensure the brave men and women who owner or operator of a manned facility, instal- way with The Coast Guard’s processes with serve in the Coast Guard have the resources lation, unit, or vessel to locate a standby ves- neighboring sectors to align and streamline necessary to perform the wide range of duties sel nearby. I would have supported this their operations across all jurisdictional bound- assigned to them. amendment because although a properly de- aries. They need funding to continue to serve This measure contains a private-sector signed and equipped standby vessel in the im- our country. mandate as defined in Unfunded Mandate Re- mediate vicinity of manned outer continental The Coast Guard relies on their port part- form Act (UMRA). The bill would require oper- shelf facilities may, in some cases, improve ners to act as both their eyes and ears on the ators to locate a standby vessel within 3 nau- safety on the outer continental shelf. water. With an average of 350 daily tow move- tical miles of offshore oil and gas facilities In the event of a major casualty to an off- ments in the Houston Ship Channel and more when certain activities are being performed shore installation, the immediate presence of a than 100 waterfront facilities with a vigilant se- and within 12 nautical miles of facilities at all properly designed and equipped standby ves- curity presence, marine industry stakeholders other times. The cost of that mandate would sel, manned by a specially trained crew, might are well positioned to recognize when things depend on several factors. The bill would in some cases increase the chances of sur- are out of the ordinary and serve as a valu- allow operators to share one standby vessel vival of the installation’s crew members. We able resource by diligently reporting breaches among multiple facilities and to use standby must not, however, forget the fact that histori- of security and suspicious activity. We also re- vessels for other purposes. cally the main cause of rig and platform aban- ceive reports on fraudulent use of the Trans- For operators that can use those measures, donment has been due to severe weather. Un- portation Worker Identification Card, and work the cost of the mandate would tend to be less these standby vessels are designed to closely with our local enforcement and legal lower. At the same time, the bill would author- withstand those severe conditions, requiring agencies such as the Harris County District ize the Coast Guard to require standby ves- them to remain on scene could place the ves- Attorney to ensure these cases are pros- sels to be located closer than 3 or 12 nautical sels and their crews in jeopardy. In addition, it ecuted. miles to offshore facilities if necessary to ad- is severely risky to board a standby vessel in In recognition of the significance of Hous- dress delays caused by weather or other con- severe weather conditions. For these reasons ton’s shipping activity, the State of Texas for- ditions. Reducing the minimum distance from I would support a feasibility study to determine mally established the Houston Ship Channel facilities would increase the number of vessels the effectiveness of using standby vessels for Security District (HSCSD) in 2010. necessary for compliance and increase the manned stations. The HSCSD represents a unique public-pri- cost of the mandate for some operators. The In addition, I support the amendment offered vate partnership formed to improve security Congressional Budget Office estimates that by Representative THOMPSON that would add and safety for facilities, employees and com- the aggregate cost of the mandate would a new section to the end of Title II in the bill munities surrounding the Houston Ship Chan- probably exceed the annual threshold estab- to open admissions to the U.S. Coast Guard nel. The Coast Guard played an instrumental lished in UMRA for private-sector mandates Academy to eligible candidates nominated by role in the formation of the HSCSD, and con- ($142 million in 2011, adjusted annually for in- Congress. tinues to work closely with the HSCSD to en- flation). Specifically, the amendment would require sure alignment of priorities and unity of effort. However, I do have certain reservations the U.S. Coast Guard to ensure that, begin- As Sector Commander, I am a member of the about some of the provisions in this legisla- ning in academic year 2014, half of the incom- HSCSD Advisory Council and Sector Port Se- tion. At the request of President Obama’s Ad- ing class is composed of eligible candidates curity specialists attend HSCSD board meet- ministration, Congress has appropriated fund- nominated by the Vice President or, if there is ings. The district provides oversight of coming to reactivate the USGC Polar Star, a no Vice President, by the President pro tem- prehensive and cost-effective security solu- heavy icebreaking vessel. The ship is to be re- pore of the Senate; Senators; Representa- tions, leveraging more than $30 million in Fed- activated by December 2012 for 7 to 10 years tives; and Delegates to the House of Rep- eral Port Security grants along with $4 million of service. The Polar Star is deployed to assist resentatives. This will help to ensure that the in annual member assessments to install tech- researchers throughout the Polar Regions, Coast Guard has an even more diverse pool nology and security infrastructure and provide and is essential to United States icebreaking of candidate from across the United States. funds for specific security projects, mainte- capabilities. Ice breaking vessels create path- The Coast Guard is proud of that legacy nance and operational services. ways through which supply ships can travel, and their role in our national strategy is vital The Port of Houston accommodates a large facilitating important research. In its current to keep our homeland secure. The safety and number of tankers carrying crude oil, refined form, the bill decommissions the Polar Star security of our nations and its citizens must be products and chemical cargoes. With approxi- within 3 years, creating a gap in the nation’s our highest priority, despite difficult economic mately 9,600 deep draft ship arrivals each icebreaking abilities. circumstances. We need to make sure the year, the Coast Guard maintains a very exten- As a senior Member on the Homeland Se- Coast Guard is fully funded, and have the re- sive Port State Control program in the Hous- curity Committee, I have a deep commitment sources they need. ton-Galveston area. The Port State Control to creating a stronger and more secure Amer- f program ensures the safe carriage of haz- ica. I have worked with my colleagues, on THANKING KEITH OLSEN ON HIS ardous materials in bulk. Because over 90 both sides of the aisle, to pass legislation that RETIREMENT AS PRESIDENT OF percent of cargo bound for the United States ensures that our nation is receiving the secu- THE NEBRASKA FARM BUREAU is carried by foreign-flagged ships, this na- rity that our citizens deserve. As the potential tional program prevents operation of sub- threats and vulnerabilities along our coast line standard foreign ships in U.S. waters. may always exist. We rely upon Coast Guard HON. LEE TERRY The Sector also makes excellent use of its and their active involvement with hundreds of OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES robust Vessel Traffic Service (VTS). The partners who are directly involved with or im- VTS’s primary role is facilitating safe vessel pacted by the maritime industry in the Hous- Tuesday, November 15, 2011 transits in the waterways and ports along the ton-Galveston area of responsibility, this Sec- Mr. TERRY. Mr. Speaker, I rise today to Houston Ship Channel. The VTS cameras, tor is committed to deterring incidents before honor and thank Keith Olsen for the contribu- Automatic Identification System (AIS) feeds, they happen and is well-prepared to respond tions he has made to both Nebraskan and remote radar observation capability, and radio to them should they occur. The Coast Guard American agriculture during his tenure with the communications, also provide an additional is vital to the protection of our national secu- Nebraska Farm Bureau. layer of security. In addition to the VTS re- rity. Keith, born in Imperial, Nebraska, started sources in the Houston Ship Channel, Sector Both sides of the aisle have a strong re- his ag work back in high school—getting ac- Houston-Galveston has access to feeds from spect for the Coast Guard as well as for the tive with the Future Farmers of America. Now, three AIS receivers mounted on offshore oil men and women who work on manned sta- decades later, he is well-known by his fellow platforms, which provide heightened aware- tions off of our shores. I understand that Rep- ag producers for serving the Nebraskan ag ness of activities in the maritime domain. resentative MICA has agreed to honor the pur- community with a spirit and verve second to With a homeland security mission of this pose of an amendment offered by Represent- none, and his career shows this. magnitude, it is essential that the Coast Guard ative OLSON that would have require the Com- Since 1992, Keith has served on the Ne- be fully funded. This bill will authorize $8.49 mandant of the Coast Guard in consultation braska Farm Bureau Board of Directors. In

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.006 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS November 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2047 1997, he was elected as the first Vice Presi- AMERICA RECYCLES DAY tions, as well as a nursing home serving 22 dent of the Nebraska Farm Bureau Board. Catholic religious congregations. Five years later, in 2002, he became the HON. GEOFF DAVIS In addition to her career, Sr. Judith Ann is an involved member of the health care com- Board’s President. In 2004, Keith was elected OF KENTUCKY munity. Having served on hospital boards to the American Farm Bureau Federation IN THE HOUSE OF REPRESENTATIVES Board of Directors. since 1973, Sr. Judith Ann serves on the na- Tuesday, November 15, 2011 tional board of the Ministering Together and Keith understands that Nebraska—in very Mr. DAVIS of Kentucky. Mr. Speaker, I rise the Governance Committee of the Catholic many ways—is agriculture, and for decades today to recognize America Recycles Day, an Health Association and is a fellow of now, he has worked tirelessly to advance Ne- annual national awareness event, the mission Healthcare Executives in the American Col- braska ag producers, protect them from bur- of which is to promote the social, environ- lege. densome regulations and to open new mar- mental, and economic benefits of recycling In the community, Sr. Judith Ann is a board kets for their products. Keith’s resolve and and buying recycled products. member of the Greater Columbia Chamber of commitment to Nebraska and its ag industry Today, I would like to highlight the auto- Commerce, Midlands Business Council in Co- are second to none. motive recycling industry, which plays a large lumbia, South Carolina and University Hos- role in preserving our natural resources and pitals Health System in Cleveland, Ohio. She Next month, Keith will retire from the Ne- has also served as a Director of Walsh Uni- braska Farm Bureau. I wish him and Doris all reducing demand for scarce landfill space. During the recycling process, over 80 per- versity in Canton, Ohio, Trustee for Columbia the luck in the world with the next chapter of cent of the entire vehicle by weight is reused, HCA Healthcare Corporation, the American their lives. While his presence will be missed remanufactured or recycled. The recycling of Red Cross, Cleveland Chapter and the Detroit in the Nebraska ag community, it comforts me these vehicles saves an estimated 85 million Shoreway Community Development Organiza- knowing that their love for agriculture and the barrels of oil that would have been used in the tion. She is also a member of the Alumni As- Nebraska way of life will never fade. manufacturing of new or replacement parts. sociation of The Ohio State University Health Automotive recycling businesses employ Services Management and Policy Program. f over 108,000 people around the country. The Because of her dedication to the field of majority of these businesses are small, family health care and her community, Sr. Judith Ann HONORING PETE CIARROCCHI owned and operated. has been recognized countless times through- The Automotive Recyclers Association out the past several decades. She was in- (ARA) is an international trade association ducted into the Rho Chi Honor Society in HON. ROBERT A. BRADY which has represented an industry dedicated 1971, received the Distinguished Alumnus Award from The Ohio State University Health OF PENNSYLVANIA to the efficient removal and reuse of automotive parts, and the safe disposal of inoper- Services Management and Policy program in IN THE HOUSE OF REPRESENTATIVES able motor vehicles. Our Nation owes much to 1998, the 2001 Women of Note Award from Crain’s Cleveland Business, and in 2006, the Tuesday, November 15, 2011 the 4,500 automotive recycling facilities represented by the ARA, that help to recycle over Distinguished Service Medal from Walsh Uni- Mr. BRADY of Pennsylvania. Mr. Speaker, I 11 million retired vehicles every year. ARA versity. Additionally, in 2007, she received the rise today to honor Pete Ciarrocchi, the found- has instituted its own program that certifies Pro Ecclesia Et Pontifice from Pope Benedict er of a Philadelphia institution—Chickie’s and that automotive recycling facilities meet speci- the XVI. Mr. Speaker and colleagues, please join me Pete’s. fied business, environmental, safety, licensing and regulatory standards. in honoring Sister Judith Ann Karam as she is In 1977, Peter and Henrietta Ciarrocchi Mr. Speaker, please join me, on America recognized by Care Alliance Health Center. bought the Robbins Avenue taproom in the Recycles Day, in commending the automotive f Mayfair neighborhood of Philadelphia. Young recyclers for all they do to protect and pro- COAST GUARD AND MARITIME Pete followed his parents’ example and served mote our environment. the regulars with a smile. He was and still is TRANSPORTATION ACT OF 2011 f a friend to all. Growing up Pete ran with both SPEECH OF jocks and rockers. He could change minds, in- IN HONOR OF SISTER JUDITH ANN fluence peers, and even reinvent taste. In KARAM, CSA HON. JOHN L. MICA 1987, Pete made sure his parents’ legacy OF FLORIDA IN THE HOUSE OF REPRESENTATIVES lived on. Pete became the face of Chickie’s & HON. DENNIS J. KUCINICH Pete’s with the help of his brother, Tom. His OF OHIO Friday, November 4, 2011 charisma, dynamic personality, and great food IN THE HOUSE OF REPRESENTATIVES The House in Committee of the Whole House on the state of the Union had under were enough to bring in the crowds on Sun- Tuesday, November 15, 2011 day to celebrate, jeer, and be Philadelphia. consideration the bill (H.R. 2838) to authorize Mr. KUCINICH. Mr. Speaker, I rise today in appropriations for the Coast Guard for fiscal Pete understood the pulse of the city: food, years 2012 through 2015, and for other pur- sports, and people. honor Sister (Sr.) Judith Ann Karam, who is being honored at Care Alliance Health Cen- poses: In 1998, the Vet, the once home of the ter’s Thanksgiving Dinner on November 12, Mr. MICA. Mr. Chair, attached are exchange ‘‘Iggles’’ and the ‘‘Phightin’ Phils’’ became 2011. of letters between the Committee on Transpor- Pete’s new home and kingdom. Led by his A Cleveland native, Sr. Judith Ann joined tation and Infrastructure and the Committees proprietary Crabfries, the Mayfair family busi- the Sisters of Charity of St. Augustine in 1964. on Judiciary and Homeland Security regarding ness became a fan favorite concession. Pete’s She attended Duquesne University where she provisions included in H.R. 2838 for inclusion infectious energy and impressive cuisine be- received a bachelor of science degree in in the CONGRESSIONAL RECORD. came his recipe for success. From Andy Pharmacy. She later earned a master’s of U.S. HOUSE OF REPRESENTATIVES, Reid’s late night meetings, ‘‘taxi crabbing’’ Ea- science in Hospital and Health Services Ad- COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, gles players from airport to complex, to mixing ministration from The Ohio State University. Sr. Judith Ann began her career in the Washington, DC, September 27, 2011. it up with Oprah and Jon Bon Jovi, Pete Hon. PETER T. KING, Ciarrocchi’s success has exploded. The healthcare industry in 1962 as a pharmacy Chairman, Committee on Homeland Security, Chickie’s & Pete’s hometown flavor has ex- technician. She also worked as a pharmacist Ford House Office Building, Washington, panded to 8 locations across Philadelphia and and health care administrator. In 1998, Sr. Ju- DC. DEAR MR. CHAIRMAN: Thank you for your New Jersey and was voted ESPN’s #1 Sports dith Ann served as Major Superior of the Sis- ters of Charity of St. Augustine. Today, she letter regarding H.R. 2838, the ‘‘Coast Guard Bar on the East Coast. serves as the Chief Executive Officer and and Maritime Transportation Act of 2011.’’ I Mr. Speaker, I am proud to recognize Pete President of the Sisters of Charity Health Sys- acknowledge that by forgoing a sequential Ciarrocchi today for the lasting impact he has referral on this legislation, your Committee tem. Throughout her career, Sr. Judith Ann is not diminishing or altering its jurisdic- made on Philadelphia, and I ask that you and has developed a new joint venture hospital, tion. my other distinguished colleagues join me in formed health care partnerships, restructured I also concur with you that forgoing action honoring him. partnerships, developed conversion founda- on this bill does not in any way prejudice the

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A15NO8.009 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS E2048 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2011 Committee on Homeland Security with re- cooperation regarding this legislation, and I included in the Congressional Record during spect to its jurisdictional prerogatives on look forward to working with the Committee floor consideration. this bill or similar legislation in the future, on the Judiciary as the bill moves through Sincerely, and I would support your effort to seek ap- the legislative process. LAMAR SMITH, pointment of an appropriate number of con- Sincerely, Chairman. ferees to any House-Senate conference in- JOHN L. MICA, volving this legislation. Chairman. U.S. HOUSE OF REPRESENTATIVES, I will include our letters on H.R. 2838 in the COMMITTEE ON TRANSPORTATION Congressional Record during House floor U.S. HOUSE OF REPRESENTATIVES, AND INFRASTRUCTURE, consideration of the bill. I appreciate your COMMITTEE ON THE JUDICIARY, Washington, DC, October 21, 2011. cooperation regarding this legislation, and I Washington, DC, September 27, 2011. Hon. LAMAR SMITH, look forward to working with the Committee Hon. JOHN MICA, Chairman, Committee on the Judiciary, Ray- on Homeland Security as the bill moves Chairman, Committee on Transportation and burn House Office Building, Washington, through the legislative process. Infrastructure, Rayburn House Office DC. Sincerely, Building, Washington, DC. DEAR MR. CHAIRMAN: Thank you for your JOHN L. MICA, letter regarding H.R. 2839, the ‘‘Piracy Sup- DEAR CHAIRMAN MICA: I am writing con- Chairman. cerning H.R. 2838, the ‘‘Coast Guard and Mar- pression Act of 2011.’’ I acknowledge that by itime Transportation Act of 2011,’’ which was forgoing a formal referral request on this U.S. HOUSE OF REPRESENTATIVES, reported favorably by your committee on legislation, your Committee is not waiving COMMITTEE ON HOMELAND SECURITY, September 8. As a result of your having con- any jurisdiction over the subject matter con- Washington, DC, September 14, 2011. sulted with us on provisions in H.R. 2838 that tained in this or similar legislation and that Hon. JOHN MICA, fall within the Rule X jurisdiction of the your Committee will be appropriately con- Chairman, Committee on Transportation and Committee on the Judiciary, we are able to sulted and involved as the bill or similar leg- Infrastructure, Rayburn House Office agree to forego action on this bill in order islation moves forward. Building, Washington, DC. that it may proceed expeditiously to the Further, I would fully support your effort DEAR CHAIRMAN MICA: I am writing regard- House floor for consideration. to seek appointment of an appropriate num- ing the jurisdictional interest of the Com- ber of conferees to any House-Senate con- The Judiciary Committee takes this action mittee on Homeland Security over provi- ference involving this or similar legislation. sions in H.R. 2838, the Coast Guard and Mari- with our mutual understanding that by fore- I will include our letters on H.R. 2839 in the time Transportation Act of 2011, which the going consideration of H.R. 2838 at this time, Congressional Record during House floor Committee on Transportation and Infra- we do not waive any jurisdiction over subject consideration of the bill. I appreciate your structure ordered to be reported on Sep- matter contained in this or similar legisla- cooperation regarding this legislation, and I tember 8, 2011. tion, and that our Committee will be appro- look forward to working with the Committee I understand the importance of advancing priately consulted and involved as the bill or on the Judiciary as the bill moves through this legislation to the House floor in an expe- similar legislation moves forward so that we the legislative process. ditious manner. Therefore, the Committee may address any remaining issues in our ju- Sincerely, risdiction. Our Committee also reserves the on Homeland Security will not assert its ju- JOHN L. MICA, risdictional claim over this bill by seeking a right to seek appointment of an appropriate Chairman. sequential referral. This action is condi- number of conferees to any House-Senate tional on our mutual understanding and conference involving this or similar legisla- f tion, and requests your support for any such agreement that doing so will in no way di- HONORING THE 75TH ANNIVER- minish or alter the jurisdiction of the Com- request. mittee on Homeland Security over the sub- I would appreciate your response to this SARY OF THE SAN FRANCISCO- ject matter included in this or similar legis- letter confirming this understanding with re- OAKLAND BAY BRIDGE lation. I request that you urge the Speaker spect to H.R. 2838, and would ask that a copy to appoint members of this Committee to of our exchange of letters on this matter be HON. BARBARA LEE any conference committee for consideration included in the Congressional Record during OF CALIFORNIA of any provisions that fall within the juris- floor consideration. diction of the Committee on Homeland Secu- Sincerely, IN THE HOUSE OF REPRESENTATIVES rity in the House-Senate conference on this LAMAR SMITH, Tuesday, November 15, 2011 bill or similar legislation. Chairman. I also request that this letter and your re- Ms. LEE of California. Mr. Speaker, I rise sponse be included in the Transportation and U.S. HOUSE OF REPRESENTATIVES, today with my colleagues to recognize the Infrastructure Committee report to H.R. 2838 COMMITTEE ON THE JUDICIARY, 75th Anniversary of the San Francisco-Oak- and in the Congressional Record during con- Washington, DC, October 20, 2011. land Bay Bridge. A historic work of modern sideration of this measure on the House Hon. JOHN MICA, engineering once believed to be impossible, floor. Thank you for your consideration of Chairman, Committee on Transportation and the completion of the ‘‘Bay Bridge’’ opened up this matter. Infrastructure, Rayburn House Office groundbreaking transit channels and changed Sincerely, Building, Washington, DC. PETER T. KING, the face of the Bay Area as we know it. DEAR CHAIRMAN MICA: I am writing con- Chairman. The Bay Bridge was not only significant for cerning H.R. 2839, the ‘‘Piracy Suppression its innovative engineering. It also created a Act of 2011,’’ which was reported favorably U.S. HOUSE OF REPRESENTATIVES, by your committee on September 8, 2011. As new chapter in transportation history and rep- COMMITTEE ON TRANSPORTATION a result of your having consulted with us on resented an unprecedented feat of political AND INFRASTRUCTURE, provisions in H.R. 2839 that fall within the and public consensus in the early 20th Cen- Washington, DC, September 27, 2011. Rule X jurisdiction of the Committee on the tury. At the onset, the Chief Engineer for the Hon. LAMAR SMITH, Judiciary, we are able to agree to forego a Chairman, Committee on the Judiciary, Ray- Bay Bridge California Toll Bridge Authority, formal referral on this bill. burn House Office Building, Washington, Charles H. Purcell, encountered several obsta- DC. The Judiciary Committee takes this action cles. He was faced with four-and-a-half miles DEAR MR. CHAIRMAN: Thank you for your with our mutual understanding that by fore- of water in between the two metropolitan letter regarding H.R. 2838, the ‘‘Coast Guard going consideration of H.R. 2839 at this time, areas of the Port of Oakland and San Fran- we do not waive any jurisdiction over subject and Maritime Transportation Act of 2011.’’ I cisco shoreline. No one had ever con- acknowledge that by forgoing action on this matter contained in this or similar legislation, and that our Committee will be appro- templated a bridge so long, so expensive or legislation, your Committee is not dimin- with such deep piers. ishing or altering its jurisdiction. priately consulted and involved as the bill or I also concur with you that forgoing action similar legislation moves forward so that we The idea for a bridge had been popular on this bill does not in any way prejudice the may address any remaining issues in our ju- since the days of the Gold Rush. However, Committee on the Judiciary with respect to risdiction. Our Committee also reserves the with the increasing prevalence of the auto- its jurisdictional prerogatives on this bill or right to seek appointment of an appropriate mobile, a reliance on railroads to bolster trade similar legislation in the future, and I would number of conferees to any House-Senate and an already crowded ferry system, the support your effort to seek appointment of conference involving this or similar legislation, and requests your support for any such need for a bridge became so great that Bay an appropriate number of conferees to any Area leaders were able to persuade President House-Senate conference involving this leg- request. islation. I would appreciate your response to this Herbert Hoover and the former independent I will include our letters on H.R. 2838 in the letter confirming this understanding with re- U.S. agency Reconstruction Finance Corpora- Congressional Record during House floor spect to H.R. 2839, and would ask that a copy tion to advance approximately $62 million in consideration of the bill. I appreciate your of our exchange of letters on this matter be federal funding for the ambitious project.

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.012 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS November 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2049 The California Toll Bridge Authority formed automotive recycling facilities throughout the A TRIBUTE TO MR. GEORGE as a result of the California State Legislature’s country. Just in the past year alone, they have CONDON 1926 passage of a law calling for a policy- helped to recycle over 11 million retired vehi- making body to bridge San Francisco and Ala- cles—to keep waste out of our landfills. Local, HON. DENNIS J. KUCINICH meda County. As early as 1930, formal plans state and national guidelines are strictly fol- OF OHIO for the Bay Bridge began to take shape lowed and enforced to ensure all facilities IN THE HOUSE OF REPRESENTATIVES among Purcell and his colleagues. First, in meet environmental, safety, licensing and reg- Tuesday, November 15, 2011 order to address the issue of length, it was de- ulatory standards. What many don’t realize is cided that a suspension bridge and cantilever the reusability of vehicle components. Nearly Mr. KUCINICH. Mr. Speaker, I first met bridge would meet at Yerba Buena Island. everything from the upholstery to the engines, George Condon when I was a copyboy at the In order to design what is now one of the transmissions, aluminum and steel can be re- Plain Dealer. It was the mid-sixties and the longest bridge spans in the world (23,000 cycled. Now the most recycled product in the newsroom was a combination of Ben Hecht feet), employing the world’s deepest bridge world, automobile parts can produce almost and Salvadore Dali, where nervous news pier (242 feet underwater) and the earth’s 13 million new vehicles, along with numerous jockies whipped the keys of their typewriters, largest diameter bore tunnel (76 feet wide by other consumer products, while saving 11 mil- men against white space, racing against a 56 feet high), Purcell turned to some of the lion gallons of oil in the manufacturing of new looming deadline, frenzied calls of ‘‘boy, boy’’ most experienced bridge engineers in the components. echoing summoning the serfs to duty. Unpre- country, including Ralph Modjeski, Leon Exemplary citizens such as those of the tentious and approachable, columnist George Moisseiff and Daniel Moran. The low bidders automotive recycling industry and other com- Condon would occasionally appear in the for construction of the job included some of midst of the tumult gazing upon the chaos with the giants of construction contracting, includ- mitted individuals around the nation should be appreciated and acknowledged. We need to an amused wisdom about the city room and ing the American Bridge Company, McClintic- the city, befriending even a lowly copyboy who Marshall for the steel work and the ‘‘Six Com- preserve our resources and environment so they may be enjoyed by future generations. confided in him his own dreams of one day panies’’ contractors for the foundation work. being Mayor of Cleveland. In total, over 8,000 workers from around the Mr. Speaker, I proudly ask you to join me in honoring those making a true difference in While the strong, quick pulse of the city Bay Area and across the country produced the could be felt in the news room, George complicated and dangerous work, logging keeping our nation clean and celebrating America Recycles Day. Condon knew there was a deeper story upon 214,870 ‘‘man-days,’’ at what would now be which all news was built. considered an unthinkable speed. And al- ‘‘There is no satisfactory way to describe a f though there were no mass incidents during city or to convey its spirit in words,’’ he wrote the building, we also pay tribute today to the A TRIBUTE TO EUGENE AND in Cleveland, the Best Kept Secret, ‘‘Facts and hundreds of workers who were injured on the CAROLINE BARGMAN statistics, names and dates, prose and poesy job and the over two dozen men who lost their all are well-intentioned bids to give flesh and lives. breath to a chunk of real estate, but they hang After three years of construction, the Bay HON. ADRIAN SMITH lifelessly on the skeleton. If there is a way to Bridge opened for traffic and to huge public give life to a city with words, those words must OF NEBRASKA fanfare on November 12, 1936—six months try to renew some of the lives that created the ahead of schedule. Today, after several modi- IN THE HOUSE OF REPRESENTATIVES city. fications to allow for the unexpected flood of Tuesday, November 15, 2011 In Shakespeare’s Henry IV, Glendower pro- increased traffic in the 30s and 40s, seismic claimed: I can call spirits from the vasty deep. retrofit after the 1989 Loma Prieta earthquake Mr. SMITH of Nebraska. Mr. Speaker, I rise Hotspur replied: Why, so can I, or so can any and continued improvements, the Bay Bridge today to honor the service of two special Ne- man. But will they come when you do call for carries over 270,000 vehicles per day on its braskans, Eugene Bargman and his late wife them?’’ two decks. It has repaid and reinvested its $77 Caroline. This year, Eugene and Caroline will Read Cleveland, the Best Kept Secret and million price tag many times over in the last 75 be honored with the Nebraska Farm Bureau’s George Condon’s account of the clash over a years. Most importantly, it has allowed for the highest honor, the Silver Eagle Award. Eu- hundred years ago between Mark Hanna and growth, progress and unification of the Bay gene and Caroline are widely respected for Tom Johnson and you will see that when Area’s vital urban areas to the benefit of its their commitment to God, country, community George Condon called the spirits forth, they residents. and agriculture. leaped onto his pages, their lives renewed viv- Therefore, on behalf of the residents of Cali- idly, dissolving the barriers between past, fornia’s 6th, 9th, 11th, and 13th Congressional They were an effective team during their 60 years together. After marrying in January present . . . and future. For it was in Novem- Districts, we extend our congratulations on this ber, 1976, after reading George Condon’s ac- important milestone. We express immense 1946, Eugene completed his service in the Air Force and taught ‘‘on the farm’’ night classes count of the struggle between privileged inter- gratitude to the countless people who have est and public interest that I made a decision contributed to the continued success of the in agriculture to military veterans. The Bargmans were early adopters of conservation to launch a full-scale campaign to save John- San Francisco-Oakland Bay Bridge, and wish son’s Muny Light from a takeover by the then you all the best in the coming years. technology on their diversified farm near Pickrell, where they raised their five children. Cleveland Electric Illuminating Company. f They were co-operators for on-farm studies A year later, because of the primary impact CELEBRATING AMERICA with state and federal agencies and both were of his writings on my own life, I asked George RECYCLES DAY leaders in Gage County Farm Bureau. Eugene Condon to be the master of ceremonies at my and Caroline testified numerous times before inauguration as Mayor of Cleveland. Anyone who read his works could not help local governing boards and the Nebraska Leg- HON. RICHARD L. HANNA but be moved by his ability to bring to life his OF NEW YORK islature on land use and conservation issues. beloved city and all the characters who popu- IN THE HOUSE OF REPRESENTATIVES Eugene served as president of the county lated it. What made George Condon’s writings Tuesday, November 15, 2011 fair board and the Federal Land Bank board of so unique was his power of observation, fused Mr. HANNA. Mr. Speaker, I proudly rise directors. He also served on agricultural advi- with love and tempered with a non-judgmental today to recognize America Recycles Day and sory boards for numerous Nebraska gov- humor. those committed to the preservation of our en- ernors, U.S. Senators and Members of Con- He was our Boswell. One of the debates vironment. In 1997, America Recycles Day gress. Caroline was a member of the Ne- that George Condon played out in his work was created to inform, educate and bring braska Soybean and Grain Sorghum boards was the efficacy of the promotional campaign awareness to the benefits of recycling. In par- and the first U.S. Soybean Board. which declared Cleveland to be the ‘‘Best Lo- ticular, the automotive recycling industry has I ask my colleagues to join me in honoring cation in the Nation.’’ He thought such a dec- taken a strong stance against pollution, advo- Eugene and Caroline Bargman for their many laration could be off-putting to the visitor. After cating instead for the preservation of our nat- great contributions to agriculture and the State all, each city has its celebratory aspects. But ural resources. of Nebraska. As recipients of the Silver Eagle upon further reflection, we can claim that title, Small business owners who comprise the Award, they will be forever appreciated and not because we have the biggest buildings, or Automotive Recyclers Association represent remembered. the grandest stadiums, or the most powerful

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.015 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS E2050 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2011 corporations, or the best freeway system, but HONORING CHRISTOPHER ‘‘KIT’’ largest per capita population of Italians, consti- because a humble wordsmith named George ST. JOHN ON THE OCCASION OF tuting almost half the population of the entire Condon picked words from heavens and HIS RETIREMENT city. At this time, Italian immigrants estab- brought a shower of stars upon this commu- lished strong roots in New Haven, working nity year after year, ennobling us, making us HON. MICHAEL H. MICHAUD hard and raising large families. Most of these lighter, making us wiser. OF MAINE immigrants came to the United States with IN THE HOUSE OF REPRESENTATIVES only a rudimentary primary school education, f yet they had much higher dreams for their Tuesday, November 15, 2011 own children. They understood that education COAST GUARD AND MARITIME Mr. MICHAUD. Mr. Speaker, I rise today to was the cornerstone of success and it was TRANSPORTATION ACT OF 2011 honor the career of Christopher ‘‘Kit’’ St. John, one of their central reasons for immigrating to who recently retired from his post as the exec- the United States. It was from this same com- SPEECH OF utive director of the Maine Center for Eco- mitment to education and success that the nomic Policy (MECEP). Amity Club was established. HON. LOUISE McINTOSH SLAUGHTER Kit is the founder of MECEP and has served In the early 1930s, Frank Rubino, an archi- OF NEW YORK as its executive director since 1994. This non- tect who had become a leading building con- IN THE HOUSE OF REPRESENTATIVES partisan organization utilizes detailed research tractor and real estate developer in New and analysis to promote sustainable economic Haven, was an active member of the Kiwanis Friday, November 4, 2011 growth throughout the state. As the face of Club yet he was one of few Italian members— The House in Committee of the Whole MECEP, Kit has helped lead the fight to raise as was the similar case in most of the City’s House on the state of the Union had under awareness on a wide range of issues affecting service organizations. He was deeply proud of consideration the bill (H.R. 2838) to authorize everyday Mainers. In these tough economic his American citizenry but he was as deeply appropriations for the Coast Guard for fiscal times, MECEP’s advocacy for Maine’s poor loyal to his Italian heritage. Though there were years 2012 through 2015, and for other pur- and under privileged has never been more im- a multitude of small Italian clubs throughout poses: portant. the city, they existed more for social purposes. Ms. SLAUGHTER. Mr. Chair, I would like In the many years I have known him, Kit Frank soon became convinced that the city the record to unequivocally show that I strong- has proven to be one of the most thoughtful, needed a strong, service-oriented organiza- ly support reauthorizing our Nation’s Coast intelligent, and hardworking people with whom tion, with its membership made up of profes- Guard but oppose final passage of H.R. 2838 I have had the honor of working. As executive sional and business men of Italian background due to the controversial ballast water dis- director of the Maine Center for Economic Pol- who shared his passion for their Italian herit- charge provisions that were included in the icy, an advocate at Pine Tree Legal Assist- age as well as his pride in being an American bill. ance, and as an activist representing low-in- citizen. In fact the name AMITY was proposed I represent a district in the Great Lakes re- come groups in Augusta, Kit has contributed a not only for its dictionary meaning of ‘‘peace gion that contains over 60 miles of coastline remarkable career to serving the people of this and friendship’’ but because it also combined on Lake Ontario, a body of water that sees its great state. His unshakable belief in the peo- the country they called home, AM for America, fair share of shipping. New York State is the ple of Maine and his vision for all that we can and the country of their strong ancestry, ITY entry point for commercial shipping into the achieve together continues to inspire me in for Italy. rest of the Great Lakes from the Saint Law- the work that I do. Central among their work would be to pro- rence Seaway and I have serious concerns I am glad to hear that Kit will not be going vide scholarships to deserving students so about how and what international commercial far. I hope that his wisdom and insight will be that they could secure a college education. As shipping vessels discharge into New York available to both decision makers and the one of their first acts following its official rec- waters on their way to the rest of the Great public for years to come. While my staff and ognition as an association, the Amity Club Lakes. I will miss working with Kit, I wish him all the members formed the Amity Trust Scholarship Each minute, 40,000 gallons of ballast water best in his retirement. Trust Fund. Over the years, it has consistently containing thousands of foreign bacteria, vi- Mr. Speaker, I ask you to join me in thank- grown and its funds have helped thousands of ruses, animals and plants, are discharged into ing Christopher ‘‘Kit’’ St. John for his tremen- young students earn their college degrees and U.S. waters. Globally, it is estimated that more dous contributions and service to the people pursue their dreams. In addition to these than 10,000 marine species each day may be of Maine. scholarships, Amity Club members have been transported across the oceans in the ballast f involved in innumerable service projects throughout the city, all aimed at improving the water of cargo ships. Ballast water has been PERSONAL EXPLANATION identified as a common mechanism for the quality of life for all residents. transfer of harmful invasive species that Our communities would not be the same threaten the livelihood and recreation of the HON. TOM PRICE without the efforts of volunteers and service millions of residents who depend on them an- OF GEORGIA organizations like the Amity Club, who, for nually. IN THE HOUSE OF REPRESENTATIVES generations, have made a difference in the lives of others and worked to make our towns The Coast Guard is in the process of final- Tuesday, November 15, 2011 and cities better places to live, learn, and izing its rulemaking process for a national Bal- Mr. PRICE of Georgia. Mr. Speaker, on roll- grow. I am proud to stand today to recognize last Water Discharge Standard (BWDS) that call No. 837, I was unavoidably detained. Had the extraordinary contributions of the Amity would act as a floor for regulation on this I been present, I would have voted ‘‘yes.’’ Club and to extend my sincere congratulations issue, not a ceiling, and would allow states to f to them on their 75th Anniversary. In all that impose stricter standards if they determine they have accomplished and continue to ac- their waters are at risk. Title VII of H.R. 2838 HONORING THE AMITY CLUB ON complish, the Amity Club has not only met the would preempt this process by setting a weak ITS 75TH ANNIVERSARY expectations founder Frank Rubino had for the national standard for the regulation of ballast organization, they have far exceeded them. water discharged into U.S. waters and would HON. ROSA L. DELAURO prevent states from implementing stronger f OF CONNECTICUT than national standards when necessary. Dur- IN THE HOUSE OF REPRESENTATIVES IN HONOR OF DR. JOHAN ing consideration of H.R. 2838, I offered an GALTUNG amendment to strike Title VII or H.R. 2838. Tuesday, November 15, 2011 While, the amendment failed by a vote of 161 Ms. DELAURO. Mr. Speaker, I am pleased HON. DENNIS J. KUCINICH to 237, it received strong bipartisan support. to have this opportunity to rise today to pay OF OHIO Unfortunately, while I strongly support the tribute to a very special community group, the IN THE HOUSE OF REPRESENTATIVES Coast Guard, I cannot support legislation that Amity Club, as the membership gathers to cel- restricts the ability of States to protect against ebrate its 75th Anniversary—a remarkable Tuesday, November 15, 2011 the threat of invasive species. The ballast milestone for this outstanding organization. Mr. KUCINICH. Mr. Speaker, I rise today in water provisions in H.R. 2838 restrict these During the first part of the 20th century, recognition of Dr. Johan Galtung, who is being very protections. New Haven, Connecticut was home to the honored by the American Muslim Alliance

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.007 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS November 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2051 Foundation with the Abdul Ghaffar Khan Inter- lines, helped to build the United States into Jon A. Husted, Speaker of the House of national Peace-Builder Award. the country it is today. Since its creation, the Representatives. In 1930, Dr. Galtung was born in the city of Coast Guard has played a vital role in Amer- Bill Harris, President of the Senate. Passed December 14, 2005. Oslo, Norway. He received his doctorates in ica’s economic and national security. The in- Approved January 12, 2006. mathematics in 1956 and in sociology the fol- vestments authorized by this bill will help to Bob Taft, Governor. lowing year. In 1957, Dr. Galtung moved to ensure the continued availability of the critical The section numbering of law of a general New York and began teaching at Columbia resources necessary for the Coast Guard to and permanent nature is complete and in University in the Sociology Department. He re- continue serving and protecting the people of conformity with the Revised Code. turned to Oslo in 1959 and founded the Peace the United States. James W. Burley, Director, Legislative Service Commission. Research Institute Oslo, where he would serve Despite its benefits, the bill has a major Filed in the office of the Secretary of State as director for the following decade. In 1969 flaw. While the underlying bill enjoys bipartisan at Columbus, Ohio, on the 13th day of Janu- he took a position as a professor of peace and support, I share the Administration’s concern ary, A.D. 2006. conflict research at the University of Oslo. He about the Majority’s insistence on attaching J. Kenneth Blackwell, Secretary of State. has since taught at universities around the controversial ‘‘ballast water’’ language to the File No. 62 world and is currently teaching courses in the measure, whose effect would be to undermine Effective Date 04/14/06. Human Science Department at Saybrook Uni- the Clean Water Act and hinder states’ efforts (126th General Assembly) versity. to control invasive species. For that reason, I (House Bill Number 421) In 1993, Dr. Johan Galtung established the will support the Dingell-Slaughter and Bishop AN ACT TRANSCEND Network for Conflict Trans- amendments addressing this issue and will To enact section 5.2231 of the Revised Code formation. TRANSCEND encompasses Tran- oppose final passage if they are not adopted. to designate December 1 as ‘‘Rosa Parks scend Peace University, Transcend Media f Day.’’ Service, Transcend University Press, Tran- Introduced by RECOGNITION OF THE STATE OF scend Peace Service, Transcend Research In- Representatives Beatty, Reidelbach, Allen, OHIO FOR DECEMBER 1ST AS Redfern, Ujvagi, Cassell, Harwood, Brown, stitute, International Peace Institute and the ROSA PARKS DAY Healy, Oelslager, Lana, McGregor, J., Miller, Journal of Peace Research. Their mission is Gilb, Boccieri, Perry, Skindell, Evans, C., to bring about a more peaceful world by using Carano, Chandler, Barrett, Hughes, Combs, action, education and training, dissemination HON. MARCIA L. FUDGE Driehaus, Aslanides, Flowers, DeGeeter, and research to transform conflicts non- OF OHIO Hoops, Hood, Strahorn, Peterson, Mitchell, violently, with empathy and creativity, for ac- IN THE HOUSE OF REPRESENTATIVES Bubp, Smith, S., McGregor, R., Otterman, ceptable and sustainable outcomes. Tuesday, November 15, 2011 Stewart, D., Raussen, Book, Yuko, Patton, S., Fende, Hartnett, Mason, Wolpert, Dr. Galtung’s contributions to international Ms. FUDGE. Mr. Speaker, I rise today to peace have earned him the Right Livelihood Woodard, Wagoner, Schaffer, Fessler, Cal- recognize Ohio as the first state to designate vert, Carmichael, Core, Raga, Schlichter, Award, Bajaj International Award for Pro- December 1 as Rosa Parks Day with legisla- Smith, G., Koziura, Setzer, Blasdel Speaker moting Gandhian Values, First Morton tion to honor her life and legacy as the Mother Husted Representatives Blessing, Buehrer, Deutsch Conflict Resolution Award, Norwegian of the Modern Civil Rights Movement. Coley, Daniels, DeBose, DeWine, Dolan, Literary Prize Brage, Augsburg Golden Book In 2005, then-State Representative Joyce Domenick, Evans, D., Faber, Garrison, of Peace, Eric Bye Memorial Prize, Corean Beatty wrote, advocated for and won unani- Hagan, Key, Kilbane, Law, Martin, Patton, Demilitarized Zone Peace Prize and in 1987, mous support to pass Ohio’s legislation in the T., Sayre, Schneider, Seaver, Stewart, J., Sykes, Taylor, Trakas, Uecker, Walcher, the Alternative Nobel Peace Prize. 50th-anniversary year of Mrs. Parks’ coura- Mr. Speaker and colleagues, please join me Webster, White, Widener, Willamowski, Wil- geous act of refusing to give up her seat on liams, Yates Senators Miller, Amstutz, Arm- in congratulating Dr. Johan Galtung as he re- a Montgomery, Alabama bus to a white pas- bruster, Austria, Carey, Cates, Clancy, ceives the Abdul Ghaffar Khan International senger. This act sparked the Montgomery Bus Coughlin, Dann, Fedor, Fingerhut, Gardner, Peace-Builder Award from the American Mus- Boycott and the Modern Civil Rights Move- Goodman, Grendell, Hagan, Harris, lim Alliance Foundation. ment. Hottinger, Jacobson, Jordan, Kearney, Mal- f Ohio continues to honor Rosa Parks with an lory, Mumper, Niehaus, Padgett, Prentiss, annual statewide tribute on December 1 enti- Roberts, Schuler, Schuring, Spada, Stivers, COAST GUARD AND MARITIME tled ‘‘The Power of One,’’ which celebrates Wachtmann, Wilson, Zurz TRANSPORTATION ACT OF 2011 that historical day when she took a stand by Passed by the House of Representatives, December 13, 2005. SPEECH OF staying seated. A partnership between the Passed by the Senate, December 14, 2005. Central Ohio Transit Authority, The Ohio State Filed in the office of the Secretary of State HON. CHRIS VAN HOLLEN University, the Ohio Historical Society and the at Columbus, Ohio, on the 13th day of Janu- OF MARYLAND Ohio Civil Rights Commission brings the trib- ary, A.D. 2006. IN THE HOUSE OF REPRESENTATIVES ute to life each year. It includes a Children’s J. Kenneth Blackwell, Secretary of State. Friday, November 4, 2011 Assembly that welcomes 800 schoolchildren to f learn and be inspired by her legacy. Ohio’s THE ACHIEVING A BETTER LIFE The House in Committee of the Whole leadership in honoring Rosa Parks ensures EXPERIENCE ACT House on the state of the Union had under that young children will be reminded that she consideration the bill (H.R. 2838) to authorize is a symbol for justice and civil rights, and that appropriations for the Coast Guard for fiscal HON. ANDER CRENSHAW years 2012 through 2015, and for other pur- sometimes one person can change the world. OF FLORIDA poses: I am proud to recognize the great state of Ohio for commemorating Rosa Parks’ legacy IN THE HOUSE OF REPRESENTATIVES Mr. VAN HOLLEN. Mr. Chair, I rise regard- of inspiration and courage and our state’s on- ing H.R. 2838, the Coast Guard and Maritime Tuesday, November 15, 2011 going education of young people about civil Transportation Act. rights. Mr. CRENSHAW. Mr. Speaker, I rise today H.R. 2838 reauthorizes the activities of the (126th General Assembly) to introduce the bipartisan, bicameral Achiev- U.S. Coast Guard and authorizes funding for ing a Better Life Experience Act of 2011. The (House Bill Number 421) the resources necessary to support the men ABLE Act is a much needed, long overdue, An act to enact section 5.2231 of the Re- and women who put their lives at risk every vised Code to designate December 1 as ‘‘Rosa savings tool for individuals with disabilities. day to promote the safety and livelihoods of Parks Day.’’ I would like to thank my colleagues in the the people who use our country’s waterways. Be it enacted by the General Assembly of Senate, Senator CASEY and Senator BURR for The bill provides these resources in a fiscally the State of Ohio: their tireless efforts to introduce a companion responsible manner that advances the mission SECTION 1. That section 5.2231 of the Re- bill in the U.S. Senate. I would also like to of the Guard while improving administration vised Code be enacted to read as follows: thank Representative MCMORRIS RODGERS for Sec. 5.2231. The first day of December is des- and reducing costs. ignated as ‘‘Rosa Parks Day,’’ in honor of the her pivotal role in crafting this meaningful leg- Our nation’s waterways are the recreational woman who helped usher in the modern civil islation. and commercial arteries of the country. The rights movement on that day in 1955 by refusing The federal government gives American safe and reliable movement of goods and peo- to give up her seat on a bus in Montgomery, families a helping hand in saving for the fu- ple on our lakes, rivers and along our coast- Alabama. ture. Accounts with special tax advantages

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.008 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS E2052 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2011 help people save for college, retirement, North Korea and China signed an armistice. A OUR UNCONSCIONABLE NATIONAL healthcare and other life events—but people total of 33,651 U.S. service members died in DEBT with disabilities have different challenges for battle during the Korean War; 27,709 U.S. the future, some face decades of expenses Army; 4,269 U.S. Marines; 1,198 U.S. Air HON. MIKE COFFMAN that most of us cannot even imagine. Yet, they Force; and 475 U.S. Navy. Seven thousand, OF COLORADO do not have access to the same advantages one-hundred and forty Service Members be- IN THE HOUSE OF REPRESENTATIVES that our tax code provides others. came prisoners of war. Tuesday, November 15, 2011 The average cost of raising a child with a The Korean War Commemoration Commit- significant medical disability is more than $1 tee’s mission is to honor the service and sac- Mr. COFFMAN of Colorado. Mr. Speaker, million over the course of the child’s lifetime. rifice of Korean War Veterans, American serv- today our national debt is Continuing education, transportation, housing ice members, and their allies who fought hero- $14,977,884,880,834.39. and medical care make up some of the pre- ically to preserve Freedom; to commemorate On January 6, 2009, the start of the 111th dictable costs on that staggering bill. ABLE ac- the key events of the Korean War; and edu- Congress, the national debt was counts would relieve some of that burden by cate the American people about the signifi- $10,638,425,746,293.80. allowing parents with disabled children or fam- cance of the Korean War. This means the national debt has increased ily members of disabled individuals to invest Mr. Speaker and colleagues, please join me by $4,339,459,134,540.59 since then. This through a tax-deferred 529 account that could in honor of the 60th Anniversary of the Korean debt and its interest payments we are passing be drawn from for these future expenses. No War Commemoration Committee as they pay to our children and all future Americans. longer would parents have to stand aside and special tribute to the more than 6.8 million f watch as others use IRS-sanctioned tools to servicemen and women who bravely fought in IN CELEBRATION OF THE 90TH lay the groundwork for a brighter future. They the Korean War. BIRTHDAY OF CHIEF APOSTLE would be able to do so for their children as f WILLIAM L. BONNER well. The ABLE Act amends Section 529 of the COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2011 HON. CHARLES B. RANGEL Internal Revenue Code of 1986 to provide for OF NEW YORK the establishment of ABLE accounts for the SPEECH OF IN THE HOUSE OF REPRESENTATIVES care of family members with disabilities through tax-free savings accounts. HON. JOHN L. MICA Tuesday, November 15, 2011 Mr. Speaker, this bipartisan, bicameral legis- OF FLORIDA Mr. RANGEL. Mr. Speaker, today I rise to lation tackles the unfairness in our tax code IN THE HOUSE OF REPRESENTATIVES celebrate the 90th birthday of dear beloved head-on by creating tax free savings accounts Friday, November 4, 2011 spiritual leader, Chief Apostle William L. Bon- for individuals with disabilities. ABLE accounts ner at the National Church of Our Lord Jesus The House in Committee of the Whole Christ (COOLJC) Day at the Greater Refuge will make long-term health, greater independ- House on the state of the Union had under ence, and a fuller quality of life a possibility. consideration the bill (H.R. 2838) to authorize Temple in Harlem. Let me also note that on No longer would individuals with disabilities appropriations for the Coast Guard for fiscal Saturday, November 5, 2011, the Greater Ref- have to stand on the sidelines and watch oth- years 2012 through 2015, and for other pur- uge Temple, which is the ‘‘Mother Church’’ of ers use IRS-sanctioned tools to lay the poses: the Church of Our Lord Jesus Christ, paid groundwork for a brighter future. Mr. MICA. Mr. Chair, H.R. 2838, the Coast special tribute to Bishop Bonner’s 50 years of The cost to reform the U.S. Tax Code to Guard and Maritime Transportation Act 2011, service and pastoral leadership to the greater offer ABLE accounts would be minimal, but authorizes Coast Guard funding for Fiscal COOLJC church family and community the positive impact for individuals with disabil- Years 2012, 2013 and 2014. The authorized throughout our great Nation. ities, their families and others who are strug- levels were approved in the Transportation Founded by the late apostle Bishop Robert gling to cope with an uncertain future would and Infrastructure Committee’s Budget Views C. Lawson, D.D., LL.D., The Church of Our be sizable. and Estimates, and reflect the levels set in the Lord Jesus Christ had its inception in the year We must move beyond the policies of the House-passed Budget Resolution. 1919. Bishop Lawson, then Elder Lawson was past that force individuals with disabilities to Following up on the Committee’s Sitting on invited to a prayer meeting, which was in live in poverty. The ABLE Act allows individ- Our Assets Report, H.R. 2838 decommissions progress in a basement in the 40th Street uals with disabilities to save, work, and earn two aging icebreakers, neither of which cur- area of New York City. So energetic was his just like any other American. As citizens of this rently operates. The bill also restricts the pur- service to the Lord that his fame spread great and prosperous country, we must speak chases of future National Security Cutters abroad and reached the ears of Mr. and Mrs. up for those who cannot speak for them- (NSCs) until current NSCs meet long-prom- James Burleigh and Mr. and Mrs. Edward An- selves. Helping disabled Americans ‘‘achieve ised mission performance capabilities. derson. These two blessed couples opened a better life experience’’ is a step forward to- In addition to authorizing the Coast Guard their homes to Elder Lawson and their home ward equality with every other American—and and making improvements to the service’s today is affectionately thought of as the ‘‘Cra- it’s a step worth taking. programs and capabilities, the bill also im- dle of the Church of Our Lord Jesus Christ’’. f proves the administration of maritime transpor- Within a short period, the congregation out- tation, including—clarifying the circumstances grew its place of worship, having approxi- IN HONOR OF THE 60TH ANNIVER- under which a foreign seaman injured outside mately 200 members, and larger quarters had SARY OF THE KOREAN WAR the United States can sue in United States to be sought. Bishop Lawson purchased the COMMEMORATION COMMITTEE courts. sight at 52–54–56 West 133 Street and relo- The bill incorporates H.R. 2840, the Com- cated his thriving church. It was there that his HON. DENNIS J. KUCINICH mercial Vessel Discharges Reform Act of vision was enlarged and the Lord lay upon his OF OHIO 2011. H.R. 2840 establishes a uniform na- heart to conduct a tent revival and great num- IN THE HOUSE OF REPRESENTATIVES tional standard for ballast water discharges. bers were added to the church. This provision is strongly supported by the Under the thriving ministry of Apostle Tuesday, November 15, 2011 U.S. and international maritime industry. It pro- Lawson, many preachers, missionaries, and Mr. KUCINICH. Mr. Speaker, I rise today in tects the environment and makes maritime teachers were sent into the field establishing honor of the 60th Anniversary of the Korean transportation more efficient. numerous works. To the far-flung isles of the War Commemoration Committee as they rec- H.R. 2838 also incorporates an amended sea, to the continent of Africa and to the Car- ognize Korean Veterans on November 11, version of H.R. 2839, the Piracy Suppression ibbean, these Christian heralds went carrying 2011, Veterans Day. Act of 2011, which authorizes additional ac- the apostolic message. It was in the year The Korean War began on June 25, 1950 tions to suppress piracy. It also improves the 1932, that Bishop Lawson initiated the radio when the North Korean People’s Army in- tracking of ransom payments to pirates to as- broadcast over the stations WGBS. He broad- vaded the Republic of Korea. The Korean War sure these payments do not fund terrorism. casted successfully over WHOM and WINS. was the first ‘‘hot’’ conflict of the Cold War and This bill promotes maritime safety and secu- The broadcast is presently continuing over included historic battles and offensives as well rity and make makes maritime commerce station WBNX every Sunday evening. as important technological and medical ad- more efficient. I urge my colleagues to vote In August of 1945, as the church out grew vances. On July 27, 1953, the United States, ‘‘aye’’ on H.R. 2838. its quarters on 133rd Street, Bishop Lawson

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.024 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS November 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2053 relocated the church and congregation to TRIBUTE TO BISHOP WILLIAM L. has faithfully kept the charge of the founder 124th Street and 7th Avenue. This building is BONNER Bishop Lawson to, ‘‘Add Thou To It.’’ known as the ‘‘Mother Church’’ of the Church- Bishop Bonner and the late Ethel Mae es of Our Lord Jesus Christ. In two short HON. JAMES E. CLYBURN Smith Bonner were parents to Ethel Mae Bon- years, the indebtedness of the church was lift- OF SOUTH CAROLINA ner Archer and William Lee Bonner, Jr. ed and on Christmas day in 1947, the mort- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask you and our colleagues to join me in congratulating Bishop Bonner as gage was burned. Tuesday, November 15, 2011 he celebrates his 90th birthday. He has been It was in 1944 that Bishop Lawson sent Mr. CLYBURN. Mr. Speaker, I rise today to a Christian luminary and has served his faith Bishop Bonner to Detroit to pastor the First pay tribute to a remarkable man who has and its congregants with tremendous dedica- Church of Our Lord Jesus Christ. It was a dedicated his life to serving the Creator and tion. Bishop Bonner has touched many people storefront. Today, it is a 2,500-seat edifice building an international fellowship of true dis- through his great ministries, and is very de- known as Solomon’s Temple. Bishop William ciples. Bishop William Lee Bonner will be hon- serving of this recognition. Lee Bonner was born on November 12, 1921 ored on the occasion of his 90th birthday on f in Bolden County Georgia, to Emmett and Saturday, November 19, 2011 in Columbia, IN HONOR AND MEMORY OF MRS. Janie Bonner. Bishop Bonner was married to South Carolina. FRANZISKA HOLZER the late Ethel Mae Smith Bonner. He is the fa- William Lee Bonner was born on November ther of two children, Ethel Mae Bonner Archer 12, 1921 in Bolden County, Georgia to Em- mett and Janie Bonner. He received his reli- and William Lee Bonner, Jr. HON. DENNIS J. KUCINICH gious training and the Doctor of Divinity OF OHIO Bishop Bonner’s ministry began in the through the Church of Christ Bible Institute in IN THE HOUSE OF REPRESENTATIVES 1940s under the tutelage of the late Bishop New York. Robert C. Lawson, (1883–1961), founder of As a young man in the 1940s, Bishop Bon- Tuesday, November 15, 2011 the Church of Our Lord Jesus Christ of the ner answered the call into the ministry. He Mr. KUCINICH. Mr. Speaker, I rise today in Apostolic Faith. His first pastorate was the was a prote´ge´ of the late Bishop Robert C. honor and memory of Mrs. Franziska Holzer, Green Avenue Church of Our Lord Jesus Lawson, founder of the Church of Our Lord a long time and active member of the Ger- Christ in Brooklyn, New York. In 1961, upon Jesus Christ of the Apostolic Faith. His first man-American community in the Greater the death of Bishop Lawson, Bishop Bonner pastorate was the Green Avenue Church of Cleveland area. became the pastor of the 3,000-member moth- Our Lord Jesus Christ. In 1944, Bishop Bon- Mrs. Holzer was born on April 15, 1927. er church, the Greater Refuge Temple in Har- ner was sent to Detroit to lead the First After World War II, she met her future hus- lem, New York City. Church of Our Lord Jesus Christ. When he ar- band Josef, in Deggendorf, Bavaria. The two rived, the congregation was worshiping in a were married in 1949 and had a daughter, Apostle Bonner currently pastors churches store front. Today, the current sanctuary holds Ilse. In 1952, the Holzer family immigrated to in Detroit, Michigan, New York City, Wash- 2,500 parishioners in an edifice known as Cleveland, Ohio. The couple would eventually ington, D.C., Jackson, Mississippi, and Colum- Solomon’s Temple. settle in North Royalton, Ohio, where they en- bia, South Carolina. He is the Chief Apostle When Bishop Lawson passed away in 1961, joyed the rest of their 62 year marriage. and Senior Prelate of the General Assembly of Bishop Bonner was called to lead the 3,000- Upon settling in the Cleveland area, the the Churches of Our Lord Jesus Christ of the member mother church, the Greater Refuge Holzers became extremely active in the Ger- Apostolic Faith, Inc. This is an international Temple, in Harlem, New York. As the church’s man-American community. Mr. Holzer would body of churches. Under his administration, new titular head, Bishop Bonner created a eventually become the Regional President of the assembly has grown from 155 churches in Board of Apostles to govern the churches. He the National Donauschwaben Organization 1961 to over 500 churches and missions also formed two other groups, the Board of and led the building of the Donauschwaben throughout the world. Bishops and the Board of Presbyters, both of Society of Cleveland’s German-American Cul- which are accountable to the Board of Apos- tural Center at Lenau Park. Much of his suc- He has faithfully kept the charge of the tles. Under this new structure, Bishop Bonner cess is credited to the support offered by his founder Bishop Lawson, to ‘‘Add Thou to It’’. serves as the Chief Apostle and Senior Prel- loving wife, Franziska. Bishop Bonner received his religious edu- ate of the General Assembly of the Churches I offer my most sincere condolences to her cation and the Doctor of Divinity through the of Our Lord Jesus Christ of the Apostolic husband, Josef; daughter, Ilse; grandchildren, Church of Christ Bible Institute in New York Faith, Inc. Lisa, Brian and David; and great-grand- City. Listed in ‘‘Who’s Who in Religion’’ In During his leadership, the church grew tre- children, Peter and Alexandra. 1985, Bishop Bonner’s ministry is based on mendously. In 1989, Bishop Bonner founded Mr. Speaker and colleagues, please join me prayer and faith in God. His message is one the Refuge Temple of Washington, D.C. In the in honoring the memory of Mrs. Franziska of hope and deliverance. He believes that beginning services were held in a Days Inn Holzer, her devotion to her family and Cleve- those who pray can expect a miracle. hotel, but moved shortly afterwards to Kelly land’s German-American community will be On December 12, 1989, Bishop William L. Miller Junior High School. Less than a year sorely missed and thoughtfully remembered Bonner founded The Refuge Temple of Wash- afterwards the church broke ground on a per- for years to come. ington, DC. The first services were held at manent home. On June 1, 1991, the first serv- f ice was held in the Refuge Temple Church of Days Inn, at 12th and K Streets, NW. The Our Lord Jesus Christ, and they continue to HONORING CAPTAIN JACK WILSON next year, Kelly Miller Junior High School be- this day at the 56th Street location. FOR HIS LIFETIME OF SERVICE came the church’s final temporary home. On The ground breaking for the Refuge Temple TO THE UNITED STATES June 1, 1991, the first service was held at the of Columbia, South Carolina took place on new edifice for Refuge Temple Church. July 20, 1993. At that time, the congregation HON. DANIEL LIPINSKI On July 20, 1993, Bishop Bonner estab- was comprised of 22 members. Within three OF ILLINOIS lished The Refuge Temple of Columbia, South years, they grew to 700 members. The min- IN THE HOUSE OF REPRESENTATIVES istry has expanded to include a Family Life Carolina. It was organized with only 22 mem- Tuesday, November 15, 2011 bers and grew to 700 in 3 months. The church Center, a retirement community and the W.L. is located on 121⁄2 acres in the Eau Claire Bonner Bible College. The church’s services Mr. LIPINSKI. Mr. Speaker, I rise today in section of Columbia. Pastor Bonner’s ministry are aired on Sunday mornings at 6:00 am on recognition of Captain Jack Wilson of Willow in Columbia also consists of the Family Life WIS-TV in Columbia. Previously recorded Springs, Illinois, a 100 year-old veteran who Center, Retirement Community and the W. L. services can also be heard nightly on Colum- landed at Omaha Beach during World War II, who I am helping to honor at a veterans’ din- Bonner Bible College. bia radio station WMFV. Under Bishop Bonner’s leadership, the as- ner in Bridgeview, IL on November 13. Mr. Speaker, I ask my colleagues to join me sembly has grown from 155 churches in 1961 Captain Wilson began his military career in bestowing this special congressional honor to over 500 churches and missions throughout serving in the Army National Guard from 1931 to Chief Apostle William L. Bonner’s on ‘‘Na- the world. He currently pastors churches in to 1940. There, he served in the distinguished tional COOLJC Day’’ at the Greater Refuge Detroit; New York; Washington, D.C.; Jackson, 202nd Coast Artillery, anti-aircraft division. Fol- Temple Church in Harlem, NY. Mississippi; and Columbia, South Carolina. He lowing the attack on Pearl Harbor, his unit was

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A15NO8.027 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS E2054 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2011 activated and sent on the converted Queen Gala Celebration for his extraordinary vision sold the company in 1989 and pursued his Mary to England. A few days after D-Day, he and service to the New York Open Center and first love of education, cultural endeavors, and was deployed on a landing craft to Omaha progressive philanthropy. the tireless support of numerous charitable or- Beach in Normandy. This allied offensive After obtaining a bachelor of arts from Har- ganizations. would change the tide of the war. vard University in 1962, Mr. Beebe earned his Wednesday evening, the Pinellas County Following his courageous service, Captain bachelor of laws degree in 1965 from Stanford Education Foundation will celebrate Gus Wilson was discharged from active duty in University. Almost immediately after finishing Stavros’ 25 years of service to the students, 1946. He continued in the Army Reserves until his education, Mr. Beebe began his career parents, and teachers of our community his retirement in 1971 when he retired as a with Partner, Jacobs Persinger & Parker in through the Foundation he established with Captain at the age of 60. 1966. He was a corporate attorney with the then Assistant Superintendent of Schools For over fifty years, Captain Wilson has New York law firm until his retirement in 2006. Howard Hinesley. Unique at the time, the continued to support the men and women of Mr. Beebe is the founder, Board Chair and Foundation’s first project was the establish- our armed services through his leadership in President of the New York Open Center. He ment of Enterprise Village in 1989, a hands on the American Legion, serving as the Com- has been a leader in the holistic movement program that teaches 10,000 fifth-graders a mander for the William R. Edmondson branch through the work of the Center for nearly 30 year important life lessons of business and ec- as well as its adjutant. He is currently an hon- years. The Center is a nonprofit holistic learn- onomics. Every one of these fifth-graders orary member. He has also served the nearby ing center that seeks to integrate the intellec- spends a day at Enterprise Village running a Lemont Veterans of Foreign Wars Post. In tual, emotional, physical, and spiritual ele- business. For most, with the classroom les- both of these positions, he illustrates his dedi- ments of life. sons that prepare them for their special day of cation to his fellow armed services members In addition to his work with as an attorney running their own business, they have their and his country. Following his active military and with the New York Open Center, Mr. first introduction to free enterprise. Today the service, Captain Wilson was employed as a Beebe has been an active philanthropist. He most appropriately named Gus A. Stavros In- driver for the Chicago Transit Authority until has served on the Board of Directors of sev- stitute administers not only Enterprise Village, 1975. eral organizations and companies including but with a $4 million expansion now teaches Honesty, integrity, hard work, responsibility, Westar Institute, Interfaith Center of New York, fiscal responsibility to 8,000 eighth-graders an- and patriotism are the core principles by which New Jersey Steel Corporation, Von Roll of nually at its Finance Park. Captain Wilson lives and these are the same America, Inc. and subsidiaries, Bank Street Local, state, national and even international principles he has bestowed upon his children, College of Education, Sunbridge College, Near leaders of education and business have paid Nancy and Judith. He also was a loving hus- East Foundation and Greyston Foundation. visits to Enterprise Village to learn how they band to his wife Helen, who passed away in Mr. Beebe was also the co-host for the White can inspire students in the areas of business 1978. He is a man who defended our country House Commission on Alternative Medicine. and finance just as Gus Stavros has this past at a time of tremendous adversity, and who Mr. Speaker and colleagues please join me quarter century. continues to serve his fellow men and women in congratulating Mr. Walter Beebe as he is Gus and his lovely wife of 63 years Frances in the armed services. Please join me in hon- honored by the New York Open Center at have been honored many times over for the oring his lifetime of service, his bravery, and their 2011 Gala Celebration on November 10, selfless work in behalf of numerous charitable his dedication to family and neighbor. 2011. organizations throughout our community. And f f our state’s Governors and leaders of higher education have called on Gus repeatedly to HONORING FORMER PUTNAM GUS STAVROS HONORED FOR serve on the board of trustees for many of our COUNTY EXECUTIVE PAUL J. SELFLESS SERVICE TO COMMU- colleges and universities. ELDRIDGE NITY Mr. Speaker, at a time when our nation searches for solutions to reenergize our econ- HON. NAN A.S. HAYWORTH HON. C.W. BILL YOUNG omy and create jobs, we need to look to great OF NEW YORK OF FLORIDA Americans like Gus Stavros for answers and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES inspiration. There are few people I know that are half of Gus’ 86 years that have as much Tuesday, November 15, 2011 Tuesday, November 15, 2011 energy and as many good ideas. Ms. HAYWORTH. Mr. Speaker, I rise today Mr. YOUNG of Florida. Mr. Speaker, I rise Gus Stavros has served our nation in war to recognize Paul J. Eldridge for his service as this evening to pay tribute to Gus A. Stavros time and in peace time. He has used his suc- County Executive for Putnam County. of St. Petersburg, Florida, a decorated war cess in business to create jobs for others and Mr. Eldridge was appointed by the Putnam hero, a hugely successful small businessman, to provide unique educational opportunities for County Legislature in November 2010 to serve and a philanthropist who has devoted his life hundreds of thousands of youth. Most impor- until a special election could be held to fill the to educating our youth. Most importantly to tantly, he symbolizes the American spirit of position. Mr. Eldridge confirmed the wisdom of me, Gus Stavros is my friend. selfless service to do what he can to improve his selection, serving with honor and distinc- Gus received a Certificate of Basic Engi- the lives of others. tion during a difficult period. His service as neering at the University of Florida in 1944 in It is my hope that my colleagues will join me County Executive was the culmination of 33 preparation for his service to our nation and in saying thank you to Gus Stavros for a life- years as a public servant for Putnam County, the Army during World War II. He served with time of achievement and in paying tribute to during which Mr. Eldridge has received numer- great distinction in General George Patton’s him for a job well done. ous awards and honors for his work. Third Army, earning three campaign ribbons f Mr. Speaker, it is an honor to recognize the for Northern France, Ardennes and Rhineland, Honorable Paul J. Eldridge. New York’s Nine- and the Purple Heart and Bronze Star. He A TRIBUTE TO WILLIAM teenth Congressional District, and the entire was severely injured on January 19, 1945, THOMPSON Hudson Valley, is fortunate to have benefited and required eight months of hospital care. from his service. Always placing the highest priority on the HON. SHELLEY MOORE CAPITO f value of education, Gus returned from the war OF WEST VIRGINIA a hero and enrolled at Columbia University in IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF MR. WALTER New York, where he graduated in 1948 and BEEBE went on to New York University, where he re- Tuesday, November 15, 2011 ceived his MBA in 1951. Mrs. CAPITO. Mr. Speaker, I rise today to HON. DENNIS J. KUCINICH It was our good fortune that upon his grad- commend William Thompson of his service to OF OHIO uation Gus moved to Florida to start a busi- the U.S. Office of Personnel Management and IN THE HOUSE OF REPRESENTATIVES ness forms manufacturing company in Pinellas to congratulate him on his upcoming retire- County, Florida. As the owner and CEO, he ment. Tuesday, November 15, 2011 grew the company from 3 to 550 employees Mr. Thompson began his career in 1971 Mr. KUCINICH. Mr. Speaker, I rise today in making it the largest business of its kind any- with the U.S. Marine Corps after his service recognition of Mr. Walter Beebe, who is being where in the Southeastern United States. Hav- with the Marine Corps in 1975. He returned to honored at the New York Open Center’s 2011 ing achieved success as a businessman, he college and became a co-op student with the

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.011 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS November 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2055 Social Security Administration in 1977 and That’s why I am proud to stand up here To Stretch . . . stayed until 1980. He worked for the State of today and recognize the significance of the To Ever Expand . . . West Virginia for 18 months before going to WorkSource opening in Monroe, Washington To Go So Ever So Forth . . . To So Glean! work for the U.S. Defense Investigative Serv- today. I wish all the best to the dedicated staff Right To The Very Edge, ice in 1982 and subsequently became what is at the Snohomish County Workforce Develop- of Exploration’s Golden Sheen! known today as U.S. Office of Personnel Man- ment Council, the kind people at St. Vincent To Inspire Us All So Higher! agement. Mr. Thompson’s role has been Spe- de Paul, and the Washingtonians who are per- All So To Dare To Dream! cial Agent in charge of conducting Federal Se- severing through this downturn and now have To Discovery, curity Clearance Investigations. a strong partner to help them get back on their and Beyond! For his dedication of 37 years, I offer Mr. feet. As you’ve so pushed that envelope, Thompson my most sincere congratulations out past its most outer limits! f As so ever forth, and best wishes for a well-deserved retire- TO SUCH NEW FRONTIERS, THE as you so stayed the course . . . ment. moving onward and upward, CONGRESSIONAL GOLD MEDAL f all up above the clouds! CEREMONY, NOVEMBER 16TH 2011, As you were gone! RECOGNIZING THE NEED FOR AT THE UNITED STATES CAP- While, WORKER RETRAINING SERVICES, ITOL, IN HONOR OF ASTRONAUTS streaking across the heavens all through AND ACKNOWLEDGING THE BUZZ ALDRIN, NEIL ARM- time so now! OPENING OF A WORKSOURCE FA- STRONG, MICHAEL COLLINS, AND As to all our souls so wed! CILITY IN MONROE, WASH- JOHN GLENN Speaking to our hearts and souls, INGTON all in such awe! To So Save Woman and Mankind, HON. TIM RYAN as so surely we so saw! HON. JAY INSLEE OF OHIO As out into the future, you’ve so cast your most historic shrouds! OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES As you so gleamed, IN THE HOUSE OF REPRESENTATIVES Tuesday, November 15, 2011 shining so magnificently so all throughout! Tuesday, November 15, 2011 Mr. RYAN of Ohio. Mr. Speaker, I rise today To so find the answers, Mr. INSLEE. Mr. Speaker, today I would like that which must now so be found! to honor the recipients of the New Frontier For only up to such great new heights so to acknowledge the importance of worker re- Congressional Gold Medal. I submit the fol- now, training efforts in my state led by the work- lowing poem written in honor of these recipi- can such hearts of courage full so sound! force development councils that are helping ents: Beating long, Washingtonians get back to work. I would also TO SUCH NEW FRONTIERS and loud! As to new worlds, like to recognize the opening of a new facility (By Albert Carey Caswell) you’ve all so soared to now! in Monroe, Washington that will help more of To . . . our neighbors who have been hit hard by this To places, To Such where only such hearts of faith so pound! economic downturn get the training they need New Frontiers . . . Whether, the first to walk upon the moon to successfully re-enter the job market. As have all of you’ve gone so here! ... Often, employers lack a workforce with ap- Gone, so boldly forth, all out on your course or the first American to orbit in space! propriate skills and displaced workers lack the ... As your time upon this earth, means to acquire these skills. That is why as America’s most courageous pioneers! could not so keep up with your explorer’s worker retraining programs are so important. As all out upon your most heroic ways . . . pace! All at speed, all in what your fine lives have Reversing the effects of the economic down- As all of your journeys, so conveyed! have all so been filled with such amazing turn is not an individual mission, but a commu- As so boldly forth, grace! nity challenge, and an important partner help- as you would not so heed . . . To discovery and beyond, ing in this effort are the Washington workforce All without fear, as all of those most precious seconds past development councils. Our workforce develop- to so sow exploration’s most brilliant seeds! you so raced! ment councils operate 64 WorkSource centers All but for our Country Tis of Thee . . . As it was there . . . statewide, where low-income youth and adults, All of your fine lives, you all so went so boldly forth all in place! displaced workers, and returning you were so ready to concede! All out upon that path, All so ready to so pledge indeed! where only hearts can roam of faith! servicemembers access job training, employ- As The Right Stuff, Whether, upon primitive machines of man- ment counseling, and other services that help came so streaking upon the scene! kind . . . put people back to work and provide our em- As so courageously onward you all so sped Or to the Moon and back, ployers with the skilled workforce they need to ... while living all out on that thin line! thrive. all at speed! Riding on that very edge of death so fine! Last year alone, more than 364,000 Wash- All out there on that very edge . . . As all of your most precious gifts of space ington residents sought help through the that edge of death! exploration . . . State’s WorkSource centers. The Workforce All in what your most magnificent lives, Have so blessed our world and this our na- have so said! tion . . . Development Council of Snohomish County As You So Reached For The Stars, As upon Mankind’s futures past, provided 39,156 people with a total of 528,005 so courageously without fear . . . have so all been etched . . . services in 2010. Currently, the main access so led! All in your explorer’s quest! points for these services are the WorkSource Up to new worlds and dreams, As we so cry too, Centers in Everett and Lynnwood, Wash- all in what your fine lives have so deemed all at those most precious lives so lost . . . ington. However, thanks to the generosity of ... Of all of your Brothers and Sisters, the Society of St. Vincent de Paul—who of- All in your stead! who so paid the price of exploration’s cost! fered to rent out space in their facility for only All to so reach those most monumental of all The ones who like you so took those most themes! heroic paths, one dollar per year—on Tuesday, November To Learn, to climb upward to the stars! 15th a new WorkSource center will open in What Must So Be Learned! Ever steadfast! Monroe, Washington. To Touch . . . To answer that most noble cause of explo- This expansion of services to Monroe is im- What Must So Be Touched! ration as asked! portant because, currently, displaced workers To See, All with your journeys so unfurled . . . in the cities and towns to the east of Everett What Must So Be Seen! The names Aldrin, Armstrong, Collins, and and Lynnwood face yet another barrier to em- To Hear, Glenn . . . ployment: travelling to a WorkSource Center. What Must So Be Heard! will out into the future forever last! To Feel, ‘‘One step for man, Now, yet another hard-hit community can What Must So Be Felt! one giant leap for mankind’’ . . . begin to rebuild and move forward because To Speak, that which on your watch so came to pass! the community will now have a headquarters What Must So Be Spoken! As new Stars were so formed, for worker retraining and job market re- To Dream, all by your hearts of exploration so very sources. What Must So Be Dreamed! warm!

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\K15NO8.014 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS E2056 CONGRESSIONAL RECORD — Extensions of Remarks November 15, 2011 To such magnificent places, Mexico for being awarded an Honorary Doc- dividuals that I would like to personally recog- all of us you have taken . . . torate of Humane Letters degree from Bacone nize are Father Angelo R. Citino, Principal With your life’s trajectories . . . College on May 7, 2011. Roselee Maddaloni, and Vice Principal Laura your life’s paths, Mr. Lovato was nominated by Dr. Robert J. as up to the heavens like a comet’s tail so Clark, for their continued efforts in providing streaking past! Duncan, Jr., President and Professor of Reli- an environment for excellence. To all of those new frontiers, gion, as a 1957 Bacone Alum, 1982–1984 Congratulations once again to the Nativity of that which you have so opened up so up here! Bacone Trustee and for his services as former Our Lord Catholic School for winning the Na- That which now so lies before us all so very Governor of Kewa Pueblo. Ernest has been tional Blue Ribbon School of Excellence clear! outstandingly active in his community and Award. Thank you for all that you do for the As the possibilities seem so endless now, served as Governor of Kewa Pueblo in 1989, Bucks County community, it is an honor to be so here! 1990, and 2002. your representative in the United States Con- For as long as we have such fine sons, Bacone College is a private four-year liberal gress. of such courage and faith as all of these ones! Americans, arts college in Muskogee, Oklahoma and was f who in the name of exploration so shine like founded in 1880 as an Indian University by Professor Almon C. Bacone, a missionary EDEN PRAIRIE HIGH SCHOOL BOYS the sun! SOCCER WINS STATE CHAMPION- Who, teacher. With the help of the American Baptist against all odds . . . Home Mission Society in the Cherokee Baptist SHIP almost like God’s, will so courageously soar Mission at the Tahlequah, Indian Territory, ... Bacone College was established. HON. ERIK PAULSEN To distant worlds, and shores . . . Bacone College has strong historic ties to OF MINNESOTA To find the answers to so explore . . . IN THE HOUSE OF REPRESENTATIVES Then, the sky has no limit anymore . . . various tribal nations including the Cherokee to such new frontiers as you soar . . . Nation and the Muscogee Creek Nation. When Tuesday, November 15, 2011 So on this day as we place! the College started Professor Bacone enrolled Mr. PAULSEN. Mr. Speaker, I rise today to These gold medals, three students and was the sole faculty mem- recognize this year’s Minnesota AA High around each one of your most courageous ber. By the end of the first semester he had School Boys Soccer Champions, the Eden face! twelve students, and by the end of the first History for you now so holds your place . . . Prairie Eagles. Aside from having one of the year the student population was fifty-six and best academic programs in Minnesota, the As something that time, the faculty numbered three. nor so distance . . . Eden Prairie School District is now home to Bacone College continued to grow, relo- can now so erase . . . boys state soccer champions for the second For as long as we have such bold woman and cated to its present location in 1885 and now time since 2002. men . . . serves over nine hundred students. Despite going up against an undefeated Who so dare to dream, so then! I want to extend congratulations and rec- team, the Eagles struck early, scoring their And go out towards Exploration’s most far- ognition to Mr. Ernest Lovato, an outstanding first goal in the fourth minute of the champion- thest ends . . . New Mexican, on being awarded an Honorary Then, we shall all go so forth Godspeed to ship game. The Eden Prairie Eagles kept up Doctorate of Humane Letters degree from the pressure, and were relentless on offense, command! Bacone College. To Such New Frontiers, my friend. putting up 14 shots on goal and winning the f f game 3-1. TRIBUTE TO THE NATIVITY OF Congratulations to the whole team on an in- EDEN PRAIRIE HIGH SCHOOL OUR LORD CATHOLIC SCHOOL credible season, I’m sure you will all look back GIRLS VOLLEYBALL WINS STATE proudly on your accomplishments in the years CHAMPIONSHIP to come. Congratulations also to coach Vince HON. MICHAEL G. FITZPATRICK Thomas for his leadership on and off the field. HON. ERIK PAULSEN OF PENNSYLVANIA Go Eagles! IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA f Tuesday, November 15, 2011 IN THE HOUSE OF REPRESENTATIVES HONORING THE 40TH ANNIVER- Tuesday, November 15, 2011 Mr. FITZPATRICK. Mr. Speaker, I would like SARY OF THE CLOSE-UP FOUN- to take this opportunity to congratulate the Na- Mr. PAULSEN. Mr. Speaker, I rise today to DATION tivity of Our Lord Catholic School in War- recognize the Eden Prairie Eagles for winning minster, Pennsylvania for receiving the 2011 their first ever Minnesota AAA High School HON. JAMES LANKFORD National Blue Ribbon School of Excellence Girls Volleyball Championship on Saturday. OF OKLAHOMA Award. In 1982, the National Blue Ribbon The Eden Prairie Eagles came out strong IN THE HOUSE OF REPRESENTATIVES Schools Program was launched by the U.S. and played with all their hearts from the very Tuesday, November 15, 2011 first serve of the match in a hard fought and Department of Education in an effort to identify thrilling five-game series. the best school leadership and teaching prac- Mr. LANKFORD. Mr. Speaker, today I rise The Eagles ultimately surged ahead to take tices in America. Today, the National Blue in honor of the Close-Up Foundation on their the final game 22-20 and win the Champion- Ribbon Schools Program recognizes both pub- 40th Anniversary. Since 1971, Close Up has ship. lic and non-public schools where students and educated over 750,000 students and teachers The Eden Prairie Eagles have shown what faculty excel. As one of only fourteen schools in the democratic process through their Wash- it truly means to be student-athletes. Having in the Commonwealth of Pennsylvania to re- ington-based civic education programs and exuded remarkable dedication and a strong ceive this award, it is certainly a testament to classroom publications. work ethic that our entire community can be the quality of education that the Nativity of Our Close-Up provides students and teachers proud of, it is my pleasure to congratulate Lord Catholic School provides. from diverse backgrounds all over the country them all on an inspiring season and victory. An educated workforce is the backbone of a with the opportunity to use the institutions and Go Eagles! strong economy and a prosperous society. historical sites of our nation’s capital as a Therefore, it is essential that we equip our stu- backdrop for their lectures, small group dis- f dents with the tools they need to become suc- cussions, and interactions with key policy ex- CONGRATULATIONS TO ERNEST cessful employers and employees in the fu- perts. The programs are designed to enrich LOVATO ture. The Nativity of Our Lord Catholic School students’ knowledge of the basic concepts and is a model of the type of excellence that all institutions of American constitutional govern- HON. BEN RAY LUJA´ N schools should aspire to. It is an institution ment and develop a practical understanding of OF NEW MEXICO that prepares our children to be future leaders the processes of the democratic political sys- IN THE HOUSE OF REPRESENTATIVES and scholars, and I am proud to honor it tem and the role of its citizens. They leave today. each student with a better understanding of Tuesday, November 15, 2011 I am extremely grateful of the hard work and the complex policy issues that surround our Mr. LUJA´ N. Mr. Speaker, I rise today to rec- dedication of the administrators, facility, stu- country every day. ognize Mr. Ernest Lovato, a resident of Kewa dents, and parents who are involved with the As a 10th grader on my first trip to Wash- Pueblo, formerly Santo Domingo Pueblo, New Nativity of Our Lord Catholic School. A few in- ington, D.C. with the Close-Up Foundation, I

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.016 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS November 15, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E2057 had an opportunity to experience the benefits eight young women, including Valerie, spent President. NJBPU has regulatory jurisdiction of the program firsthand. The inner workings the summer in a sublet, supervised apartment over telephone, electric, gas, water, waste- of democracy and the legislative process fas- on Crown Street. Forty years later, Marrakech, water and cable television companies. cinated me. The information and education I Inc. subscribes to a practice that assures that Through her role at NJBPU, Ms. Fox has received during my visit as a student provided each person who is referred for services has worked to ensure that consumers have access me with the foundation to be an active mem- a highly individualized service plan. to safe and reliable services at reasonable ber of my community and engage in the civics One of Marrakech, Inc.’s goals has always rates. Under Commissioner Fox’s leadership, process. been normalization, achieving a level of inde- the NJBPU became a leader among states in I rise today in appreciation of the Close-Up pendence that would allow all people to be- developing clean energy policies and pro- foundation on their 40th Anniversary and come more a part of the community. Susan moting renewable energy and energy effi- thank them for the opportunity they have pro- once said, ‘‘Normalization does not mean ciency. Prior to her appointment to NJBPU, vided to hundreds of thousands of students merely adjusting to society’s norms. It means Ms. Fox served as a Regional Administrator of from across our great nation. I look forward to educating the community to expand its defini- the United States Environmental Protection meeting with the many more students that will tion of ‘normal.’ ’’ Yet, after the first summer of Agency (EPA) as Commissioner and Deputy visit our nation’s capitol in the future. Marrakech, she added, ‘‘We never really want- Commissioner of the New Jersey Department f ed normalization. We wanted something bet- of Environmental Protection and Energy. She ter. Too often, normalcy in our society means also remains an active member with various HONORING MARRAKECH, INC. ON conformity and compromise. We strove for organizations, including the National Associa- ITS 40TH ANNIVERSARY consciousness, tolerance, and imagination.’’ tion of Regulatory Utility commissioners In its forty year history, Marrakech has (NARUC) as a member of the Board of Direc- HON. ROSA L. DeLAURO transformed the lives of thousands. For all of tors, Chair of the Committee on Energy Re- OF CONNECTICUT the good work that they are doing in our com- sources and the Environment and member of IN THE HOUSE OF REPRESENTATIVES munity and in the lives of their clients, I am the electric Power Research Institute’s Public Tuesday, November 15, 2011 proud to rise today to extend my sincere con- Advisory Council on Smart Grid. gratulations to Marrakech, Inc. on their 40th Jeanne Fox graduated cum laude from Ms. DELAURO. Mr. Speaker, I am proud to anniversary. I have no doubt that this extraor- stand today to join the many who have gath- Douglass College, Rutgers University, and re- dinary organization will only continue to enjoy ceived a Juris Doctor from the Rutgers Univer- ered to celebrate the 40th anniversary of Mar- great success in all of their endeavors on be- rakech, Inc., a wonderful organization dedi- sity School of Law-Camden, where she was a half of our community. classmate and a close personal friend of mine. cated to providing an array of services to per- f sons with disabilities. This is a remarkable Since graduation, Ms. Fox has remained an milestone for this very special organization. IN RECOGNITION OF MS. JEANNE engaged member of the Rutgers University Marrakech was founded in 1971 with the es- M. FOX Alumni Federation, the Associate alumnae of tablishment of the first halfway house in Con- Douglass College and a Rutgers University necticut for women with mental retardation. HON. FRANK PALLONE, JR. alumni Trustee for two terms. She currently What began as a pilot program has grown into serves on the boards of the Girl Scouts of OF NEW JERSEY Central and Southern New Jersey and has a respected organization and recognized lead- IN THE HOUSE OF REPRESENTATIVES er in the development of innovative programs served as President of the National Women’s and services for people with challenging be- Tuesday, November 15, 2011 Political Caucus. Ms. Fox remains a valued haviors, families with complex needs, youth Mr. PALLONE. Mr. Speaker, I rise today to member of the Women’s Political Caucus of who are at risk, and people without disabilities congratulate Ms. Jeanne M. Fox, Commis- New Jersey Executive Board, providing valu- who are unemployed and underemployed. sioner at New Jersey Board of Public Utilities. able experience as its past President. The or- Marrakech, Inc. began as a crusade to Ms. Fox is the recipient of The Arthur E. ganization remains dedicated to increasing prove a point, the brainchild of two young Yale Armitage, Sr. Distinguished Alumni Award, women’s participating in the political process undergraduates, Susan Waisbren and Francie presented by the Rutgers School of Law-Cam- and increasing the number of progressive Brody. It was all because of a young woman den Alumni Association. The award will be women in elected and appointed office. named Valerie Chain who Susan had met presented at the Distinguished Alumni Awards Jeanne’s exceptional record of service and through Yale Big Brothers/Big Sisters. Susan Celebration. Her continuous outpouring of leadership continues to resonate with constitu- and Francie came to know Valerie’s friends as service and dedication to the residents of New ents throughout New Jersey. well. They soon realized how capable these Jersey is undoubtedly worth of this body’s rec- Mr. Speaker, once again, please join me in young New Haven women with mild mental re- ognition. congratulating Jeanne Fox upon receiving The tardation were, and how they would thrive in Jeanne Fox was first appointed to the New Arthur E. Armitage, Sr. Distinguished Alumni a halfway house. Thus began their mission of Jersey Board of Public Utilities (NJBPU) on Award presented by the Rutgers School of creating an environment which would highlight January 15, 2002, and was later reconfirmed Law-Camden Alumni Association. Her the talents of these women and promoted their for a second term on March 16, 2009. She unyielding leadership and contributions has ability to self direct their lives. Marrakech currently holds the prestigious title of Commis- proven beneficial to residents of my district House opened as a summer pilot program and sioner and has previously served as NJBPU and throughout New Jersey.

VerDate Mar 15 2010 05:45 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K15NO8.019 E15NOPT1 jbell on DSK7SPTVN1PROD with REMARKS Tuesday, November 15, 2011 Daily Digest Senate substitute amendment, and taking action on the fol- Chamber Action lowing amendments proposed thereto: Pages S7432–44 Routine Proceedings, pages S7421–S7585 Pending: Measures Introduced: Fifteen bills and one resolu- Reid Amendment No. 957, in the nature of a tion were introduced, as follows: S. 1861–1875, and substitute. Pages S7433–34 S. Res. 323. Pages S7451–52 Reid Amendment No. 958 (to Amendment No. Measures Reported: 957), to change the enactment date. Page S7434 S. 899, to provide for the eradication and control Reid Amendment No. 959 (to Amendment No. of nutria, with an amendment. (S. Rept. No. 958), of a perfecting nature. Page S7434 112–94) Reid Amendment No. 960 (to language proposed H.R. 1059, to protect the safety of judges by ex- to be stricken by Amendment No. 957), to change tending the authority of the Judicial Conference to the enactment date. Page S7434 redact sensitive information contained in their finan- Reid Amendment No. 961 (to Amendment No. cial disclosure reports, with an amendment. 960), of a perfecting nature. Page S7434 S. 1867, to authorize appropriations for fiscal year Reid Motion to recommit the bill to the Com- 2012 for military activities of the Department of mittee on Appropriations, with instructions, Reid Defense, for military construction, and for defense Amendment No. 962, to change the enactment date. activities of the Department of Energy, to prescribe Page S7434 military personnel strengths for such fiscal year. Reid Amendment No. 963 (to (the instructions) Page S7451 Amendment No. 962), of a perfecting nature. Measures Passed: Page S7434 Reid Amendment No. 964 (to Amendment No. National Information and Referral Services 963), of a perfecting nature. Pages S7434–35 Day: Committee on Health, Education, Labor, and During consideration of this measure today, Senate Pensions was discharged from further consideration also took the following action: of S. Res. 241, expressing support for the designa- Chair sustained a point of order against Reid tion of November 16, 2011, as National Information Amendment No. 956, in the nature of a substitute, and Referral Services Day, and the resolution was as being in violation of rule XVI of the Standing then agreed to. Pages S7583–84 Rules of the Senate, and the amendment thus fell. Church of Jesus Christ of Latter-day Saints Pages S7432–33 Welfare Program 75th Anniversary: Senate agreed A unanimous-consent agreement was reached pro- to S. Res. 323, recognizing the 75th Anniversary of viding for further consideration of the bill at ap- the Welfare Program of The Church of Jesus Christ proximately 11 a.m., on Wednesday, November 16, of Latter-day Saints and the significant impact of the 2011. Page S7585 Welfare Program in the United States and through- Nominations Confirmed: Senate confirmed the fol- out the world in helping people in need. lowing nominations: Pages S7584–85 By 87 yeas to 8 nays (Vote No. Ex. 206), Sharon Measures Considered: L. Gleason, of Alaska, to be United States District Energy and Water Development and Related Judge for the District of Alaska. Agencies Appropriations Act—Agreement: Sen- Pages S7425–31, S7585 ate continued consideration of H.R. 2354, making By 89 yeas to 6 nays (Vote No. Ex. 207), Yvonne appropriations for energy and water development and Gonzalez Rogers, of California, to be United States related agencies for the fiscal year ending September District Judge for the Northern District of Cali- 30, 2012, after withdrawing the committee reported fornia. Pages S7425–31, S7585 D1223

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Nominations Received: Senate received the fol- mortgage markets by making them transparent, lowing nominations: bringing in private capital, winding down the Gov- Deborah J. Jeffrey, of the District of Columbia, to ernment-sponsored enterprises, after receiving testi- be Inspector General, Corporation for National and mony from Edward J. DeMarco, Acting Director, Community Service. Federal Housing Finance Agency. Mark J. Mazur, of New Jersey, to be an Assistant Secretary of the Treasury. Page S7585 FINANCIAL SECURITY ISSUES Messages from the House: Page S7450 Committee on Banking, Housing, and Urban Affairs: Subcommittee on Financial Institutions and Con- Measures Referred: Page S7450 sumer Protection concluded a hearing to examine fi- Executive Communications: Pages S7450–51 nancial security issues facing older Americans, after Additional Cosponsors: Pages S7452–53 receiving testimony from Hubert H. Humphrey III, Assistant Director, Office for Older Americans, Con- Statements on Introduced Bills/Resolutions: sumer Financial Protection Bureau; and Julie Pages S7453–55 Nepveu, AARP, Washington, D.C. Additional Statements: Pages S7448–49 FISCAL POLICY Amendments Submitted: Pages S7455–S7583 Committee on the Budget: Committee concluded a hear- Notices of Hearings/Meetings: Page S7583 ing to examine the economic effects of fiscal policy Authorities for Committees to Meet: Page S7583 choices, after receiving testimony from Douglas W. Privileges of the Floor: Page S7583 Elmendorf, Director, Congressional Budget Office. Record Votes: Two record votes were taken today. NOMINATIONS (Total—207) Page S7431 Committee on Commerce, Science, and Transportation: Adjournment: Senate convened at 10 a.m. and ad- Committee concluded a hearing to examine the journed at 7 p.m., until 10 a.m. on Wednesday, No- nominations of Rebecca M. Blank, of Maryland, to vember 16, 2011. (For Senate’s program, see the re- be Deputy Secretary of Commerce, and Jon D. marks of the Majority Leader in today’s Record on Leibowitz, of Maryland, who was introduced by Sen- page S7585.) ator Kohl, and Maureen K. Ohlhausen, of Virginia, both to be a Federal Trade Commissioner, after the Committee Meetings nominees testified and answered questions in their own behalf. (Committees not listed did not meet) QUADRENNIAL TECHNOLOGY REVIEW IRAQ Committee on Energy and Natural Resources: Committee Committee on Armed Services: Committee concluded a concluded a hearing to examine the Department of hearing to examine security issues relating to Iraq, Energy’s Quadrennial Technology Review (QTR), after receiving testimony from Leon E. Panetta, Sec- and S. 1703, to amend the Department of Energy retary, and General Martin E. Dempsey, USA, Chair- Organization Act to require a Quadrennial Energy man, Joint Chiefs of Staff, both of the Department Review, and S. 1807, to amend the Federal Non- of Defense; Brett H. McGurk, Council on Foreign nuclear Energy Research and Development Act of Relations, New York, New York; and Douglas A. 1974 to provide for the prioritization, coordination, Ollivant, New America Foundation, and Kenneth M. and streamlining of energy research, development, Pollack, Brookings Institution, both of Washington, and demonstration programs to meet current and fu- D.C. ture energy needs, after receiving testimony from BUSINESS MEETING Senator Pryor; Steven E. Koonin, Under Secretary of Committee on Armed Services: Committee ordered favor- Energy for Science; and Ernest J. Moniz, Massachu- ably reported an original bill entitled, ‘‘National De- setts Institute of Technology Energy Initiative, Cam- fense Authorization Act for Fiscal Year 2012’’. bridge. FEDERAL HOUSING FINANCE AGENCY NOMINATION OVERSIGHT Committee on Homeland Security and Governmental Af- Committee on Banking, Housing, and Urban Affairs: fairs: Committee concluded a hearing to examine the Committee concluded an oversight hearing to exam- nomination of Roslyn Ann Mazer, of Maryland, to ine the Federal Housing Finance Agency, including be Inspector General, Department of Homeland Se- S. 1834, to restore and repair the United States curity, after the nominee, who was introduced by

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Senator Cardin, testified and answered questions in S. 436, to ensure that all individuals who should be her own behalf. prohibited from buying a firearm are listed in the MEDICAL DEVICES national instant criminal background check system and require a background check for every firearm Committee on Health, Education, Labor, and Pensions: sale, after receiving testimony from David Committee concluded a hearing to examine medical Cuthbertson, Assistant Director, Criminal Justice In- devices, focusing on protecting patients and pro- formation Services Division, Federal Bureau of Inves- moting innovation, after receiving testimony from tigation, Department of Justice; Heather A. Ander- Jeffrey Shuren, Director, Center for Devices and Ra- son, Washington State Patrol Criminal Records Di- diological Health, Food and Drug Administration, vision, Olympia; John Feinblatt, Policy and Strategic Department of Health and Human Services; Ralph Planning for New York City, New York, New York; F. Hall, University of Minnesota Law School, Min- David B. Kopel, Denver University Strum College of neapolis; David R. Challoner, University of Florida, Law, Denver, Colorado; and Patricia Maisch, Tucson, Gainesville; and Gregory D. Curfman, New England Arizona. Journal of Medicine, Boston, Massachusetts. FIX GUN CHECKS ACT INTELLIGENCE Committee on the Judiciary: Subcommittee on Crime Select Committee on Intelligence: Committee held closed and Terrorism concluded a hearing to examine ‘‘Fix hearings on intelligence matters, receiving testimony Gun Checks Act’’, focusing on better state and Fed- from officials of the intelligence community. eral compliance, and smarter enforcement, including Committee recessed subject to the call. h House of Representatives the Committee of the Whole pursuant to H. Res. Chamber Action 455, the amendment by Representative Young (AK) Public Bills and Resolutions Introduced: 11 pub- at the desk be considered as though printed as the lic bills, H.R. 3422–3432; and 2 resolutions, H.J. last amendment printed in House Report 112–267 Res. 87–88 were introduced. Pages H7626–27 and be debatable for 10 minutes. Page H7604 Additional Cosponsors: Page H7627 Coast Guard and Maritime Transportation Act of Report Filed: A report was filed today as follows: 2011: The House passed H.R. 2838, to authorize H. Res. 466, providing for consideration of mo- appropriations for the Coast Guard for fiscal years tions to suspend the rules (H. Rept. 112–285). 2012 through 2015, by voice vote. Consideration of Page H7626 the measure began on November 4th. Pages H7604–09 Speaker: Read a letter from the Speaker wherein he Rejected the Larsen (WA) motion to recommit appointed Representative West to act as Speaker pro the bill to the Committee on Transportation and In- tempore for today. Page H7581 frastructure with instructions to report the same back to the House forthwith with an amendment, by Recess: The House recessed at 11:10 a.m. and re- a yea-and-nay vote of 189 yeas to 235 nays, Roll convened at 12 noon. Page H7589 No. 841. Pages H7607–09 National Right-to-Carry Reciprocity Act of Agreed to: 2011—Rule for Consideration: The House agreed Young (AK) amendment that inserts a new sec- to the rule that is providing for consideration of tion regarding the conveyance of the decommis- H.R. 822, to amend title 18, United States Code, to sioned Coast Guard Cutter STORIS to the Storis provide a national standard in accordance with which Museum in Juneau, Alaska and Page H7606 nonresidents of a State may carry concealed firearms in the State, by a yea-and-nay vote of 271 yeas to Pierluisi amendment (No. 15 printed in H. Rept. 153 nays, Roll No. 842, after the previous question 112–267) that clarifies the application of the Pas- was ordered without objection. senger Vessel Services Act to vessels operating in Pages H7593–H7604, H7609 Puerto Rico that are not otherwise qualified to transport passengers for hire and that are more than 100 Order of Procedure: Agreed by unanimous consent that, during further consideration of H.R. 2838 in

VerDate Mar 15 2010 04:56 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC D15NOPT1 jbell on DSK7SPTVN1PROD with DIGEST D1226 CONGRESSIONAL RECORD — DAILY DIGEST November 15, 2011 gross tons. Allows such vessels to transport pas- STATE OF AFFAIRS IN THE BALKANS sengers between ports in Puerto Rico—a non-contig- Committee on Foreign Affairs: Subcommittee on Europe uous jurisdiction of multiple islands (by a recorded and Eurasia held a hearing entitled ‘‘The State of Af- vote of 322 ayes to 100 noes, Roll No. 840). fairs in the Balkans.’’ Testimony was heard from Pages H7605–07 public witnesses. Withdrawn: Landry amendment (No. 13 printed in H. Rept. U.S. DEVELOPMENT ASSISTANCE TO 112–267) that was offered and subsequently with- CHINA drawn that would have clarified Coast Guard guidance regarding the ability of U.S. flagged offshore Committee on Foreign Affairs: Subcommittee on Asia supply vessels to carry unlimited amounts of Grade and the Pacific held a hearing entitled ‘‘Feeding the D and Grade E cargo (combustible liquid) when said Dragon: Reevaluating U.S. Development Assistance vessel is operating outside of U.S. waters, provided to China.’’ Testimony was heard from Nisha Desai the vessel meets the safety requirements of the Inter- Biswal, Assistant Administrator for Asia, United national Maritime Organization. Page H7605 States Agency for International Development. H. Res. 455, the rule providing for consideration of the bill, was agreed to on November 4th. TECHNOLOGY TO SECURE THE BORDER Quorum Calls—Votes: Two yea-and-nay votes and Committee on Homeland Security: Subcommittee on one recorded vote developed during the proceedings Border and Maritime Security held a hearing entitled of today and appear on pages H7606–07, H7608–09 ‘‘Protecting the Homeland: How can DHS use DOD and H7609. There were no quorum calls. Technology to Secure the Border?’’ Testimony was Adjournment: The House met at 10 a.m. and ad- heard from Paul N. Stockton, Assistant Secretary of journed at 5:22 p.m. Defense for Homeland Defense and Americas’ Secu- rity Affairs, Office of Undersecretary of Defense for Policy, Department of Defense; Mark Borkowski, Committee Meetings Assistant Commissioner, Office of Technology Inno- MISCELLANEOUS MEASURES vation and Acquisition, Customs and Border Protec- tion, Department of Homeland Security; Adam Cox, Committee on Energy and Commerce: Subcommittee on Deputy Director (Acting), Homeland Security Ad- Health held a markup of H.R. 1173, the ‘‘Fiscal Re- vanced Research Projects Agency, Department of sponsibility and Retirement Security Act of 2011.’’ Homeland Security; and Michael Tangora, Deputy The bill was forwarded, without amendment. Assistant Commandant & Director of Acquisition MISCELLANEOUS MEASURES Services, United States Coast Guard, Department of Homeland Security. Committee on Financial Services: Full Committee held a markup of H.R. 1221, the ‘‘Equity in Government MISCELLANEOUS MEASURES Compensation Act of 2011.’’ The bill was ordered reported, as amended. Committee on Homeland Security: Subcommittee on Counterterrorism and Intelligence held a markup of MISCELLANEOUS MEASURES the following: H.R. 2764, the ‘‘WMD Intelligence Committee on Financial Services: Subcommittee on Cap- and Information Sharing Act of 2011’’; and H.R. ital Markets and Government Sponsored Enterprises 3140, to amend the Homeland Security Act of 2002 held a markup of the following: H.R. 2586, the to direct the Secretary of Homeland Security to ‘‘Swap Execution Facility Clarification Act’’; H.R. prioritize the assignment of officers and analysts to 2779, to exempt inter-affiliate swaps from certain certain State and urban area fusion centers to en- regulatory requirements put in place by the Dodd- hance the security of mass transit systems. Both bills Frank Wall Street Reform and Consumer Protection were ordered reported, without amendment. Act; H.R. 3045, the ‘‘Retirement Income Protection Act of 2011’’; H.R. 1838, to repeal a provision of CYBER SECURITY the Dodd-Frank Wall Street Reform and Consumer Committee on the Judiciary: Subcommittee on Crime, Protection Act prohibiting any Federal bailout of Terrorism, and Homeland Security held a hearing swap dealers or participants; and H.R. 2308, the entitled ‘‘Cyber Security: Protecting America’s New ‘‘SEC Regulatory Accountability Act.’’ The following Frontier.’’ Testimony was heard from Richard Down- were forwarded without amendment: H.R. 2586; ing, Deputy Chief, Computer Crime and Intellectual H.R. 2779; and H.R. 3045. The following were for- Property Section, Criminal Division, Department of warded, as amended: H.R. 1838; and H.R. 2308. Justice; and public witnesses.

VerDate Mar 15 2010 04:56 Nov 16, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D15NO1.REC D15NOPT1 jbell on DSK7SPTVN1PROD with DIGEST November 15, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1227 FOREIGN JUDGMENTS the rules. The Committee granted, by a record vote Committee on the Judiciary: Subcommittee on Courts, of 8 to 4, a resolution authorizing the Speaker to en- Commercial and Administrative Law held a hearing tertain motions to suspend the rules through the entitled ‘‘Recognition and Enforcement of Foreign legislative day of Friday, November 18, 2011, relat- Judgments.’’ Testimony was heard from public wit- ing to H.J. Res. 2, proposing a balanced budget nesses. amendment to the Constitution of the United States. The rule extends debate on such a motion to five FOREST SERVICE hours. Finally, the rule provides that the Chair may Committee on Natural Resources: Subcommittee on Na- postpone further consideration of such a motion to tional Parks, Forests and Public Lands held a hearing a time designated by the Speaker. on ‘‘Forest Service Regulatory Roadblocks to Produc- Testimony was heard from Rep. Goodlatte; and tive Land Use and Recreation: Proposed Planning Rep. Nadler. Rule, Special-use Permits, and Travel Management.’’ U.S. PLANETARY SCIENCE Testimony was heard from Tom Tidwell, Chief, For- est Service, Department of Agriculture; Mike Committee on Science, Space, and Technology: Sub- Dombeck; and public witnesses. committee on Space and Aeronautics held a hearing entitled ‘‘Exploring Mars and Beyond: What’s Next OFFICE OF PERSONNEL MANAGEMENT for U.S. Planetary Science?’’ Testimony was heard Committee on Oversight and Government Reform: Sub- from Jim Green, Planetary Science Division Director, committee on Federal Workforce, U.S. Postal Service Science Mission Directorate, National Aeronautics and Labor Policy held a hearing entitled ‘‘Back to and Space Administration; and Steve Squyres, Chair, the Basics: Is OPM Meeting its Mission?’’ Testimony Committee on the Planetary Science Decadal Survey, was heard from John Berry, Director, Office of Per- National Academies of Science. sonnel Management; Patrick E. McFarland, Inspector MISCELLANEOUS MEASURES General, Office of Personnel Management; Pasquale ‘‘Pat’’ M. Tamburino, Jr., Deputy Assistant Secretary Committee on Science, Space, and Technology: Sub- of Defense for Civilian Personnel Policy, Department committee on Technology and Innovation held a of Defense; and Valerie C. Melvin, Director, Infor- markup of the ‘‘Natural Hazards Risk Reduction Act mation Management and Human Capital Issues, of 2011.’’ The Committee Print was forwarded with- Government Accountability Office; and public wit- out amendment. nesses. POTENTIAL BUDGETARY SAVINGS POLICY TOWARD IRAN WITHIN VETERANS AFFAIRS Committee on Oversight and Government Reform: Sub- Committee on Veterans’ Affairs: Full Committee held a committee on National Security, Homeland Defense hearing on Potential Budgetary Savings Within VA: and Foreign Operations held a hearing entitled Recommendations from Veterans’ Service Organiza- ‘‘Progress of the Obama Administration’s Policy To- tions. Testimony was heard from Todd Grams. Exec- ward Iran.’’ Testimony was heard from Adam utive in Charge for the Office of Management and Szubin, Director, Office of Foreign Assets, Control, Chief Financial Officer, Department of Veterans Af- Department of the Treasury; Henry Wooster, Dep- fairs; William Schoenhard, FACHE, Deputy Under uty Assistant Secretary, Department of State; Colin Secretary for Health Operations and Management, Kahl, Deputy Assistant Secretary, Department of Veterans Health Administration, Department of Vet- Defense; and public witnesses. erans Affairs; Belinda J. Finn, Assistant Inspector General for Audits and Evaluations, Office of Inspec- JOB CREATION ON MAIN STREET tor General, Department of Veterans Affairs; and Committee on Oversight and Government Reform: Sub- Sondra McCauley, Deputy Assistant Inspector Gen- committee on TARP, Financial Services and Bailouts eral for Audits and Evaluations, Office of Inspector of Public and Private Programs held a hearing enti- General, Department of Veterans Affairs; and public tled ‘‘How Roadblocks in Public Markets Prevent witnesses. Job Creation on Main Street.’’ Testimony was heard SMALL BUSINESS HEALTH INSURANCE from public witnesses. TAX CREDIT MOTIONS TO SUSPEND THE RULES; AND Committee on Ways and Means: Subcommittee on BALANCED BUDGET AMENDMENT TO THE Oversight held a hearing on the Small Business CONSTITUTION OF THE UNITED STATES Health Insurance Tax Credit created by the Patient Committee on Rules: Full Committee held a hearing on Protection and Affordable Care Act. Testimony was providing for consideration of motions to suspend heard from J. Russell George, Inspector General,

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RELATED AGENCIES APPROPRIATIONS Committee on Homeland Security and Governmental Affairs: ACT to hold hearings to examine contractors, 9 a.m., SD–342. On Monday, November 14, 2011, Conferees agreed Committee on the Judiciary: to hold hearings to examine to file a conference report on the differences between the nominations of Kathryn Keneally, of New York, to the Senate and House passed versions of H.R. 2112, be an Assistant Attorney General, Department of Justice, making consolidated appropriations for the Depart- and Brian C. Wimes, to be United States District Judge ments of Agriculture, Commerce, Justice, Transpor- for the Eastern and Western Districts of Missouri, 2:30 tation, and Housing and Urban Development, and p.m., SD–226. related programs for the fiscal year ending Sep- House tember 30, 2012. Committee on Armed Services, Subcommittee on Tactical BELARUS Air and Land Forces, hearing on United States Marine Commission on Security and Cooperation in Europe. Com- Corps Acquisition and Modernization, 2 p.m., 2118 Ray- mission concluded a hearing to examine Belarus, fo- burn. cusing on the ongoing crackdown and forces for Committee on Education and the Workforce, Subcommittee on Early Childhood, Elementary, and Secondary Edu- change, including the extent and impact of the cation, hearing entitled ‘‘Education Research: Identifying crackdown on the lives of its victims and on the Effective Programs to Support Students and Teachers.’’ 10 larger society, and what more can be done by the a.m., 2175 Rayburn. United States and European partners to promote Committee on Energy and Commerce, Subcommittee on democratic change in Belarus, after receiving testi- Communications and Technology, markup of the fol- mony from Rodger Potocki, National Endowment lowing: H.R. 3309, the ‘‘Federal Communications Com- for Democracy, and Susan Corke, Freedom House, mission Process Reform Act of 2011’’; and H.R. 3310, both of Washington, DC; and Ales Mikhalevich, the ‘‘Federal Communications Commission Consolidated Minsk, Belarus. Reporting Act of 2011.’’ 10 a.m., 2123 Rayburn. Committee on Financial Services, Subcommittee on Finan- SECTARIAN VIOLENCE AND DEMOCRATIC cial Institutions and Consumer Credit; and the Sub- TRANSITION IN EGYPT committee on Capital Markets and Government Spon- Commission on Security and Cooperation in Europe: Com- sored Enterprises, joint hearing on H.R. 1697, the ‘‘Com- mission concluded a hearing to examine the Arab munities First Act.’’ 2 p.m., 2128 Rayburn. Subcommittee on Insurance, Housing and Community Spring and Coptic Winter, focusing on sectarian vio- Opportunity, hearing entitled ‘‘Insurance Oversight and lence and democratic transition in Egypt, after re- Legislative Proposals.’’ 10 a.m., 2128 Rayburn. ceiving testimony from Michael H. Posner, Assistant Committee on Foreign Affairs, Full Committee, hearing Secretary of State for Democracy, Human Rights and entitled ‘‘Righting the Enduring Wrongs of the Holo- Labor; and Dina Guirguis, Egyptian American Rule caust: Insurance Accountability and Rail Justice.’’ 10 of Law Association, Samuel Tadros, Hudson Institute a.m., 2172 Rayburn. Center for Religious Freedom, and Michele Dunne, Committee on the Judiciary, Full Committee, hearing on Atlantic Council Rafik Hariri Center for the Middle H.R. 3261, the ‘‘Stop Online Piracy Act.’’ 10 a.m., 2141 East, all of Washington, DC. Rayburn. Committee on Natural Resources, Full Committee, hearing f entitled ‘‘The Future of U.S. Oil and Natural Gas Devel- COMMITTEE MEETINGS FOR WEDNESDAY, opment on Federal Lands and Waters.’’ 10 a.m., 1324 NOVEMBER 16, 2011 Longworth. Committee on Oversight and Government Reform, Full Com- (Committee meetings are open unless otherwise indicated) mittee, hearing entitled ‘‘Pay for Performance: Should Fannie and Freddie Executives Be Receiving Millions in Senate Bonuses?’’ 10 a.m., 2154 Rayburn. Committee on Banking, Housing, and Urban Affairs: Sub- Subcommittee on Technology, Information Policy, committee on Securities, Insurance and Investment, to Intergovernmental Relations and Procurement Reform, hold hearings to examine a progress report on manage- hearing entitled ‘‘On the Frontlines in the Acquisition

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Workforce’s Battle Against Taxpayer Waste.’’ 1:30 p.m., entitled ‘‘Hydraulic Fracturing of Shale Beds: Ensuring 2247 Rayburn. Regulatory Approaches that Will Help Protect Jobs and Committee on Rules, Full Committee, markup of H.R. Domestic Energy Production.’’ 10 a.m., 2167 Rayburn. 10, the ‘‘Regulations from the Executive in Need of Scru- tiny (REINS) Act of 2011.’’ Hearing on the conference Joint Meetings report to H.R. 2112, the ‘‘Agriculture, Rural Develop- ment, Food and Drug Administration, and Related Agen- Joint Economic Committee: to hold hearings to examine cies Appropriations Act, 2012’’ 2 p.m., H–313 Capitol. manufacturing in the United States of America, focusing Committee on Transportation and Infrastructure, Sub- on paving the road to job creation, 2 p.m., SH–216. committee on Water Resources and Environment, hearing

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, November 16 10 a.m., Wednesday, November 16

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 822— morning business (not to extend beyond one hour), Senate National Right-to-Carry Reciprocity Act of 2011. will continue consideration of H.R. 2354, Energy and Water Development and Related Agencies Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Hayworth, Nan A.S., N.Y., E2054 Paulsen, Erik, Minn., E2056, E2056 Inslee, Jay, Wash., E2055 Price, Tom, Ga., E2050 Blumenauer, Earl, Ore., E2044 Jackson Lee, Sheila, Tex., E2045 Rangel, Charles B., N.Y., E2052 Brady, Robert A., Pa., E2047 Kucinich, Dennis J., Ohio, E2043, E2045, E2047, E2049, Roby, Martha, Ala., E2043 Capito, Shelley Moore, W.Va., E2054 E2050, E2052, E2053, E2054 Ryan, Tim, Ohio, E2055 Clyburn, James E., S.C., E2053 Lamborn, Doug, Colo., E2043 Slaughter, Louise McIntosh, N.Y., E2050 Coffman, Mike, Colo., E2052 Lankford, James, Okla., E2056 Crenshaw, Ander, Fla., E2051 Lee, Barbara, Calif., E2048 Smith, Adrian, Nebr., E2049 Davis, Geoff, Ky., E2047 Lipinski, Daniel, Ill., E2053 Smith, Lamar, Tex., E2045 DeLauro, Rosa L., Conn., E2044, E2050, E2057 Luja´ n, Ben Ray, N.M., E2056 Terry, Lee, Nebr., E2046 Fitzpatrick, Michael G., Pa., E2044, E2056 Mica, John L., Fla., E2047, E2052 Tipton, Scott R., Colo., E2043 Fudge, Marcia L., Ohio, E2051 Michaud, Michael H., Me., E2050 Van Hollen, Chris, Md., E2051 Hanna, Richard L., N.Y., E2049 Pallone, Frank, Jr., N.J., E2057 Young, C.W. Bill, Fla., E2054

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